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HomeMy WebLinkAbout2018-11-13 Meeting Minutes Engineering Services Committee Meeting Commission Chamber - 11/13/2018 ATTENDANCE: Present: Hons. Fennoy, Chairman; Hasan, Vice Chairman; Clarke, member. Absent: Hons. Hardie Davis, Jr., Mayor; Frantom, member. ENGINEERING SERVICES 1. Ms. Francine McCoy regarding the paving of Bussey Road. (Referred from November 6 Commission meeting) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the Engineering Department for an assessment of the condition of Bussey Road in preparation for its proposed paving and bring back a recommendation to the next committee meeting. Motion Passes 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes 2. Approve Amendment #1 to Augusta, GA Soil Erosion, Sedimentation and Pollution Control (ES&PC) Ordinance dated May 1, 2018 as requested by AED. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes 3. Approve and adopt the ordinance to establish the Keep Augusta Beautiful Commission; Article 7, Sections 1-4-95 to 1-4-102 of the Augusta Code; and waive the second reading. (Referred from November 6 Commission meeting) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Hasan Commissioner William Fennoy Passes 4. Approve the Amendment to the Lease Agreement Between Augusta and Augusta Waste to Energy. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve with the original copy of the lease and the itemized changes (Sections 13.1 and 13.4) being included in the agenda books for the Commission meeting and that the Law Department review the lease to determine if any additional assurances are needed for the City's protection. Motion Passes 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes 5. Approve authorization for the Environmental Services Department to draft a revision to Section 4-2-6 – Fees for use of Augusta-Richmond County Solid Item Action: Approved Waste Landfill and to bring the draft back to the Engineering Services Committee for review. (Referred from November 6 Commission meeting) Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes 6. Approve the Execution of the Amendment to the Lease with Georgia Waste Systems. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to refer this item to the first committee meeting in December. Motion Passes 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes 7. Approve the Inter-Governmental Agreement between Augusta and Burke County, Georgia for Disposal of Garbage at the Augusta Landfill. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes 8. Approve Atlanta Gas Light (AGL) Encroachment request to Place AGL Facility in Augusta, GA Parcel as part of Berckmans Road Realignment and Widening Project. Also authorized Augusta Engineering Department to process and sign all associated documents with consultation of Augusta Legal Counsel. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Hasan Commissioner William Fennoy Passes 9. Consider award of Bid #18-295 to Blair Construction, Inc. to construct the Fort Gordon Cyber CoE Campus Sanitary Sewer Extension under the Task Order Program for Infrastructure RFQ #16-178 in the amount of $2,403,595.50. (Referred from November 6 Commission meeting) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes 10. Discuss the cutting of right-of-way with storm water fees.(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 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes 11. Update from staff regarding the city's goat program to clear/clean the city's detention ponds. (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 Commissioner Ben Hasan Commissioner John Clarke Passes information and asking the Engineering Department to bring back a recommendation to make the program work effectively. Motion Passes 3-0. 12. Motion to approve the minutes of the Engineering Services Committee held on October 9, 2018. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes 13. Motion to approve contracting with Cavanaugh & Associates, P.A. to provide Professional Services consulting engineering services for the Utilities Department’s Water Loss Program and Audit. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to add this item to the agenda and approve it. Motion Passes 3-0. Commissioner Ben Hasan Commissioner John Clarke Passes www.augustaga.gov Engineering Services Committee Meeting 11/13/2018 1:20 PM Attendance 11/13/18 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 11/13/2018 1:20 PM Ms. Francine McCoy Department: Presenter: Caption:Ms. Francine McCoy regarding the paving of Bussey Road. (Referred from November 6 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: 1 Ordinance No.___________ AN ORDINANCE TO AMEND THE HEALTH AND SANITATION SECTION OF TITLE 4, SECTION 2, OF THE AUGUSTA, GEORGIA CODE TO MODIFY ARTICLE 7, WHICH PROVIDES FOR SOIL EROSION, SEDIMENTATION AND POLLUTION CONTROL, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Augusta, Georgia Code needs to be updated and revised; WHEREAS, it is the desire of the Commission to update and improve the Augusta, Georgia Code to provide for Soil Erosion, Sedimentation and Pollution Control for citizens of Augusta- Richmond County; THE AUGUSTA, GEORGIA BOARD OF COMMISSIONS hereby ordains as follows: SECTION 1. AUGUSTA, GA CODE Section §4-2-7 adopted April 20, 2012, provides in Title 4, for Public Health, Section 2, Health and Sanitation, Articles 1 - 7. It is the desire of the Augusta, Georgia Board of Commissions that that Article 7 as set forth in “Exhibit A” hereto to be amended by striking “Exhibit A” its entirety and inserting in lieu thereof new ‘Exhibit B” hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws, in accordance with the AUGUSTA, GA CODE, attached hereto as “Exhibit A.” SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4, Public Health, Section 2, Health and Sanitation, Articles 1 – 6 in their entirety, contained in AUGUSTA, GA, CODE §§4-2-1 through 4-2-6. SECTION 4. The Second Reading of this Ordinance is hereby Waived. Adopted this _______ day of _________________, 2018. ___________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission 2 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on _________________, 2018 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ First Reading: ________________________ Second Reading: Waived 3 Amendment #1 October 2018 STRIKE REPLACE Page 3: Final Stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or equivalent permanent stabilization measures (such as the use of rip rap, gabions, permanent mulches or geotextiles) have been used. Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of perennial vegetation appropriate for the time of year and region; or a crop of annual vegetation and a seeding of target crop perennials appropriate for the region. Final stabilization applies to each phase of construction. Page 3: Final Stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or landscaped according to the plan (uniformaly covered with landscaping materials in planned landscaped areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to easch. 1 Title 4, Public Health, Section 2, Health and Sanitation, Article 7 Soil Erosion, Sedimentation and Pollution Control Ordinance SECTION I TITLE This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance.” SECTION II DEFINITIONS The following definitions shall apply in the interpretation and enforcement of this ordinance, unless otherwise specifically stated: A. DEFINITIONS: 1. Best Management Practices (BMPs): (a) These include sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the “Manual for Erosion and Sediment Control in Georgia” published by the Commission as of January 1st of the year in which the land-disturbing activity was permitted. (b) Best Management Practice also include, but are not limited to design specifications from the most recent publication of Georgia Stormwater Management Manual Published by Atlanta Regional Commission. 2. Board: The Board of Natural Resources. 3. Buffer: The area of land immediately adjacent to the banks of state waters in its natural state of vegetation, which facilitates the protection of water quality and aquatic habitat. 4. Certified Personnel: A person who has successfully completed the appropriate certification course approved by the Georgia Soil and Water Conservation Commission. 5. City: The Augusta, Georgia (formerly known as Augusta-Richmond County) 6. Commission: The Georgia Soil and Water Conservation Commission (GSWCC). 7. County: The Augusta, Georgia (formerly known as Augusta-Richmond County) 2 8. CPESC: Certified Professional in Erosion and Sediment Control with current certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation registered in North Carolina, which is also referred to as CPESC or CPESC, Inc. 9. Cut: A portion of land surface or area from which earth has been removed or will be removed by excavation; the depth below original ground surface to the excavated surface. Also known as excavation. 10. Department: The Georgia Department of Natural Resources (DNR). 11. Design Professional: A professional licensed by the State of Georgia in the field of: engineering, architecture, landscape architecture, forestry, geology, or land surveying; or a person that is a Certified Professional in Erosion and Sediment Control (CPESC) with a current certification by Certified Professional in Erosion and Sediment Control, Inc. 12. Developer: Refer to the person and persons, a cooperation, or other business applying for a permit to undertake land-disturbing activity and performing development within the scope of this ordinance. 13. Development: Refer to any activity which would alter the elevation of the land, remove or destroy plant life, cause a structure of any kind to be installed, erected, or removed, or a change of any kind from existing condition. 14. Director: The Director of the Environmental Protection Division or an authorized representative. 15. District: The Brier Creek Soil and Water Conservation District. 16. Division: The Environmental Protection Division (EPD) of the Department of Natural Resources. 17. Drainage Structure: A device composed of a virtually non-erodible material such as concrete, steel, plastic or other such material that conveys water from one place to another by intercepting the flow and carrying it to a release point for storm water management, drainage control, or flood control purposes. 18. Erosion: The process by which land surface is worn away by the action of wind, water, ice or gravity. 19. Erosion, Sedimentation and Pollution Control Plan: A plan required by the Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum, protections at least as stringent as the State General Permit, best management practices, and requirements in section IV.D.&E. of this ordinance. 3 20. Fill: A portion of land surface to which soil or other solid material has been added; the depth above the original ground surface or an excavation. 21. Final Stabilization: All soil disturbing activities at the site have been completed, and that for unpaved areas and areas not covered by permanent structures and areas located outside the waste disposal limits of a landfill cell that has been certified by EPD for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation with a density of 70% or greater, or landscaped according to the plan (uniformly covered with landscaping materials in planned landscape areas), or equivalent permanent stabilization measures as defined in the Manual (excluding a crop of annual vegetation and seeding of target crop perennials appropriate for the region). Final stabilization applies to each phase of construction. 22. Finished Grade: The final elevation and contour of the ground after cutting or filling and conforming to the proposed design. 23. Grading: Altering the shape of ground surfaces to a predetermined condition; this includes stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in its cut or filled condition. 24. Ground Elevation: The original elevation of the ground surface prior to cutting or filling. 25. Land-Disturbing Activity: Any activity which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands within the state, including, but not limited to, clearing, dredging, grading, excavating, transporting, and filling of land but not including agricultural practices as described in Section III, Paragraph 5. 26. Larger Common Plan of Development or Sale: A contiguous area where multiple separate and distinct construction activities are occurring under one plan of development or sale. For the purposes of this paragraph, “plan” means an announcement; piece of documentation such as a sign, public notice or hearing, sales pitch, advertisement, drawing, permit application, zoning request, or computer design; or physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating that construction activities may occur on a specific plot. 26. Local Issuing Authority: Augusta, GA which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. Director Augusta Engineering Department is authorized representative. 27. Metropolitan River Protection Act (MRPA): A state law referenced as O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in certain metropolitan river corridors and their drainage basins. 4 28. Mulching: Refers to the application of plant or other suitable materials in the soil surface to conserve moisture, hold the soil in place, and aid in establishing plant cover. 29. Natural Ground Surface: The ground surface in its original state before any grading, excavation or filling. 30. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon photometric analytical techniques for measuring the light scattered by finely divided particles of a substance in suspension. This technique is used to estimate the extent of turbidity in water in which colloidally dispersed or suspended particles are present. 31. NOI: A Notice of Intent form provided by EPD for coverage under the State General Permit. 32. NOT: A Notice of Termination form provided by EPD to terminate coverage under the State General Permit. 33. One Hundred Year Floodplain: Land in the floodplain subject to a one (1) percent or greater statistical occurrence probability of flooding in any given year (also referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate Maps – effective date September 25, 2009 or the latest). 34. Operator: The party or parties that have: (A) operational control of construction project plans and specifications, including the ability to make modifications to those plans and specifications; or (B) day-to-day operational control of those activities that are necessary to ensure compliance with an erosion, sedimentation and pollution control plan for the site or other permit conditions, such as a person authorized to direct workers at a site to carry out activities required by the erosion, sedimentation and pollution control plan or to comply with other permit conditions. 35. Outfall: The location where storm water in a discernible, confined and discrete conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a point source discharging into that receiving water. 36. Permit: The authorization necessary to conduct a land-disturbing activity under the provisions of this ordinance. 37. Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, state agency, municipality or other political subdivision of the State of Georgia, any interstate body or any other legal entity. 38. Planning Commission: The Augusta, GA (Augusta-Richmond County) Planning Commission. 5 39. Phase or Phased: Sub-parts or segments of construction projects where the sub- part or segment is constructed and stabilized prior to completing construction activities on the entire construction site. 40. Project: The entire proposed development project regardless of the size of the area of land to be disturbed. 41. Properly Designed: Designed in accordance with the design requirements and specifications contained in the “Manual for Erosion and Sediment Control in Georgia” (Manual) published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted and amendments to the Manual as approved by the Commission up until the date of NOI submittal. 42. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch, composed of a virtually non-erodible material such as concrete, steel, plastic, or other such material that conveys water under a roadway by intercepting the flow on one side of a traveled roadway consisting of one or more defined lanes, with or without shoulder areas, and carrying water to a release point on the other side. 43. Sediment: Solid material, both organic and inorganic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, ice, or gravity as a product of erosion. 44. Sedimentation: The process by which eroded material is transported and deposited by the action of water, wind, ice or gravity. 45. Soil and Water Conservation District Approved Plan: An erosion, sedimentation and pollution control plan approved in writing by the Brier Creek Soil and Water Conservation District or LIA under MOA with Brier Creek Soil and Water Conservation District. 46. Stabilization: The process of establishing an enduring soil cover of vegetation by the installation of temporary or permanent structures for the purpose of reducing to a minimum the erosion process and the resultant transport of sediment by wind, water, ice or gravity. 47. State General Permit: The National Pollution Discharge Elimination System (NPDES) general permit or permits for storm water runoff from construction activities as is now in effect or as may be amended or reissued in the future pursuant to the state’s authority to implement the same through federal delegation under the Federal Water Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of §12-5-30. 48. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water, 6 natural or artificial, lying within or forming a part of the boundaries of Georgia which are not entirely confined and retained completely upon the property of a single individual, partnership, or corporation. 49. Stream bank: The confining cut of a stream channel usually identified as the point where the normal stream flow has wrested the vegetation. For non-trout waters, the normal stream flow is any stream flow that consists solely of base flow or consists of both base flow and direct runoff during any period of the year. Base flow results from groundwater that enters the stream channel through the soil. This includes flows into streams. Direct runoff is the water entering stream channels promptly after rainfalls or snow melts. 50. Structural Erosion, Sedimentation and Pollution Control Practices: Practices for the stabilization of erodible or sediment-producing areas by utilizing the mechanical properties of matter for the purpose of either changing the surface of the land or storing, regulating or disposing of runoff to prevent excessive sediment loss. Examples of structural erosion and sediment control practices are riprap, sediment basins, dikes, level spreaders, waterways or outlets, diversions, grade stabilization structures and sediment traps, etc. Such practices can be found in the publication Manual for Erosion and Sediment Control in Georgia. 51. Trout Streams: All streams or portions of streams within the watershed as designated by the Wildlife Resources Division of the Georgia Department of Natural Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12- 5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at www.gaepd.org. Streams designated as primary trout waters are defined as water supporting a self- sustaining population of rainbow, brown or brook trout. Streams designated as secondary trout waters are those in which there is no evidence of natural trout reproduction, but are capable of supporting trout throughout the year. First order trout waters are streams into which no other streams flow except springs. 52. Vegetative Erosion and Sedimentation Control Measures: Measures for the stabilization of erodible or sediment-producing areas by covering the soil with: (a) Permanent seeding, sprigging or planting, producing long-term vegetative cover, or (b) Temporary seeding, producing short-term vegetative cover; or (c) Sodding, covering areas with a turf of perennial sod-forming grass. Such measures can be found in the publication Manual for Erosion and Sediment Control in Georgia. 53. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel, ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water flows either continuously or intermittently and which has a definite channel, bed and 7 banks, and including any area adjacent thereto subject to inundation by reason of overflow or floodwater. 54. Water Quality: The chemical, physical, and biological characteristics of the State’s water resources. 55. Wetlands: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. SECTION III EXEMPTIONS (a) This ordinance shall apply to any land-disturbing activity undertaken by any person on any land within the jurisdiction of the City except and to the extent exempted by O.C.G.A. §12-4-17 and as provided under following subsection: 1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia Surface Mining Act of 1968". 2. Granite quarrying and land clearing for such quarrying; 3. Such minor land-disturbing activities as home gardens and individual home landscaping, repairs, maintenance work, fences, and other related activities which result in minor soil erosion; 4. The construction of single-family residences, when such construction disturbs less than one (1) acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre and not otherwise exempted under this paragraph; provided, however, that construction of any such residence shall conform to the minimum requirements as set forth in Section IV of this Ordinance, O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered by the provisions of this paragraph, there shall be a buffer zone between the residence and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity shall be constructed between the residence and the point where vegetation has been wrested by normal stream flow or wave action from the banks of the trout waters. For primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet. Regardless of whether a trout stream is primary or secondary, for first order trout waters, which are streams into which no other streams flow except for springs, the buffer shall be at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones provided by this paragraph shall be enforced by the City; 8 5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include raising, harvesting or storing of products of the field or orchard; feeding, breeding or managing livestock or poultry; producing or storing feed for use in the production of livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits or for use in the production of poultry, including but not limited to chickens, hens and turkeys; producing plants, trees, fowl, or animals; the production of aqua culture, horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and farm ponds; 6. Forestry land management practices, including harvesting; provided, however, that when such exempt forestry practices cause or result in land-disturbing or other activities otherwise prohibited in a buffer, as established in Section IV.E. of this ordinance, no other land-disturbing activities, except for normal forest management practices, shall be allowed on the entire property upon which the forestry practices were conducted for a period of three (3) years after completion of such forestry practices; 7. Any project carried out under the technical supervision of the Natural Resources Conservation Service (NRCS) of the United States Department of Agriculture; 8. Any project involving less than one (1) acre of disturbed area; provided, however, that this exemption shall not apply to any land-disturbing activity within a larger common plan of development or sale with a planned disturbance of equal to or greater than one (1) acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph, “State Waters” excludes channels and drainage ways which have water in them only during and immediately after rainfall events and intermittent streams which do not have water in them year-round; provided, however, that any person responsible for a project which involves less than one (1) acre, which involves land-disturbing activity, and which is within 200 feet of any such excluded channel or drainage way, must prevent sediment from moving beyond the boundaries of the property on which such project is located and provided, further, that nothing contained herein shall prevent the City from regulating any such project which is not specifically exempted by paragraphs 1, 2, 3, 4, 5, 6, 7, 9 or 10 of this section; 9. Construction or maintenance projects, or both, undertaken or financed in whole or in part, or both, by the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority; or any road construction or maintenance project, or both, undertaken by any county or municipality; provided, however, that construction or maintenance projects of the Department of Transportation or the State Road and Tollway Authority which disturb one or more contiguous acres of land shall be subject to provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the Georgia Highway Authority, or the State Road and Tollway Authority is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case a copy of a notice of intent under the state general permit shall be submitted to the City, the City shall enforce compliance with the 9 minimum requirements set forth in O.C.G.A. §12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders. 10. Any land-disturbing activities conducted by any electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36- 18-1, or any agency or instrumentality of the United States engaged in the generation, transmission, or distribution of power; except where an electric membership corporation or municipal electrical system or any public utility under the regulatory jurisdiction of the Public Service Commission, any utility under the regulatory jurisdiction of the Federal Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36- 18-1, or any agency or instrumentality of the United states engaged in the generation, transmission, or distribution of power is a secondary permittee for a project located within a larger common plan of development or sale under the state general permit, in which case the City shall enforce compliance with the minimum requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations shall be subject to the same penalties as violations by permit holders; and 11. Any public water system reservoir: (b) The following projects are exempt from the permit requirements of section V of this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part of any such project shall submit individual lot drainage plan including proposed changes in lot grade to the Augusta Engineering Department for approval prior to getting a building permit and conform to the minimum requirements as set forth in section IV of this article, including, but not limited to, the implementation of BMPs. (1) The construction of a single-family residence or commercial lot or institutional lot, when such construction disturbs less than one acre and is not a part of a larger common plan of development or sale with a planned disturbance of equal to or greater than one acre and not otherwise exempted under this section. (c) The following projects are exempt from the permit requirements of section V of this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as part of any such project shall apply the stormwater management standards for new development and redevelopment and submit stormwater quality management plan to the Augusta Engineering Department for approval prior to getting a building permit or grading permit. All stormwater runoff shall be adequately treated prior to discharge. The stormwater management system shall be designed to capture and treat the water quality treatment of volume, which is defined as the runoff volume resulting from the first 1.2 of rainfall from a site. If the first 1.0 inch of rainfall can be retained onsite then additional water quality treatment is not required. (1) New development that creates or adds 5,000 square feet or greater impervious surface area, or that involve land disturbing activity of one acre of land or greater. 10 (2) Redevelopment that creates, adds or replaces 5,000 square feet or greater impervious surface area, or that involves land disturbing activity of one acre of land or greater. SECTION IV MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION CONTROL USING BEST MANAGEMENT PRACTICES A. GENERAL PROVISIONS: Excessive soil erosion and resulting sedimentation can take place during land-disturbing activities if requirements of the ordinance and the NPDES General Permit are not met. Therefore, plans for those land-disturbing activities which are not exempted by this ordinance shall contain provisions for application of soil erosion, sedimentation and pollution control measures and practices. The provisions shall be incorporated into the erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and pollution control measures and practices shall conform to the minimum requirements of Section IV.B. D. & E. of this ordinance. The application of measures and practices shall apply to all features of the site, including street and utility installations, drainage facilities and other temporary and permanent improvements. Measures shall be installed to prevent or control erosion, sedimentation and pollution during all stages of any land- disturbing activity in accordance with requirements of this ordinance and the NPDES General Permit B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS: 1. Best management practices as set forth in Section IV.B. D. & E. of this ordinance shall be required for all land-disturbing activities. Proper design, installation, and maintenance of best management practices shall constitute a complete defense to any action by the Director or to any other allegation of noncompliance with paragraph (2) of this subsection or any substantially similar terms contained in a permit for the discharge of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia Water Quality Control Act". As used in this subsection the terms "proper design” and “properly designed” mean designed in accordance with the hydraulic design specifications contained in the “Manual for Erosion and Sediment Control in Georgia” specified in O.C.G.A. §12-7-6 subsection (b). 2. A discharge of storm water runoff from disturbed areas where best management practices have not been properly designed, installed, and maintained shall constitute a separate violation of any land-disturbing permit issued by a local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia Water Quality Control Act", for each day on which such 11 discharge results in the turbidity of receiving waters being increased by more than twenty-five (25) nephelometric turbidity units for waters supporting warm water fisheries or by more than ten (10) nephelometric turbidity units for waters classified as trout waters. The turbidity of the receiving waters shall be measured in accordance with guidelines to be issued by the Director. This paragraph shall not apply to any land disturbance associated with the construction of single family homes which are not part of a larger common plan of development or sale unless the planned disturbance for such construction is equal to or greater than five (5) acres. C. VIOLATIONS: 1. Failure to properly design, install, or maintain best management practices shall constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or of any state general permit issued by the Division pursuant to subsection (f) of Code Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such failure occurs. 2. The Director may require, in accordance with regulations adopted by the Board, reasonable and prudent monitoring of the turbidity level of receiving waters into which discharges from land disturbing activities occur. 3. Failure to perform turbidity monitoring or to submit monitoring results as required under the state general permit(s) applicable to the project shall be a violation of this article for each day on which such failure occurs or continues. 4. If any person commences any land-disturbing activity requiring a land disturbing permit as described in this article without first obtaining said permit, the person shall be in violation of this Article for each day on which such land disturbing activity occurs. 5. Conducting land-disturbing activity in any manner prohibited by or inconsistent with the requirements of this article shall constitute a separate violation of this article for each day on which such prohibited or inconsistent activity occurs or continues. D. REQUIREMENTS: The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall require, as a minimum, protections at least as stringent as the state general permit; and best management practices, including sound conservation and engineering practices to prevent and minimize erosion and resultant sedimentation, which are consistent with, and no less stringent than, those practices contained in the Manual for Erosion and Sediment Control in Georgia published by the Georgia Soil and Water Conservation Commission as of January 1 of the year in which the land-disturbing activity was permitted, as well as the following: 1. Stripping of vegetation, regrading and other development activities shall be conducted in a manner so as to minimize erosion; 12 2. Cut-fill operations must be kept to a minimum; 3. Development plans must conform to topography and soil type so as to create the lowest practicable erosion potential; 4. Whenever feasible, natural vegetation shall be retained, protected and supplemented; 5. The disturbed area and the duration of exposure to erosive elements shall be kept to a practicable minimum; 6. Disturbed soil shall be stabilized as quickly as practicable; 7. Temporary vegetation or mulching shall be employed to protect exposed critical areas during development; 8. Permanent vegetation and structural erosion control practices shall be installed as soon as practicable; 9. To the extent necessary, sediment in run-off water must be trapped by the use of debris basins, sediment basins, silt traps, or similar measures until the disturbed area is stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.; 10. Adequate provisions must be provided to minimize damage from surface water to the cut face of excavations or the sloping of fills; 11. Cuts and fills may not endanger adjoining property; 12. Fills may not encroach upon natural watercourses or constructed channels in a manner so as to adversely affect other property owners; 13. Grading equipment must cross flowing streams by means of bridges or culverts except when such methods are not feasible, provided, in any case, that such crossings are kept to a minimum; 14. Land-disturbing activity plans for erosion, sedimentation and pollution control shall include provisions for treatment or control of any source of sediments and adequate sedimentation control facilities to retain sediments on-site or preclude sedimentation of adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance E. BUFFERS: 1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is established a 25 foot buffer along the banks of all state waters, as measured horizontally 13 from the point where vegetation has been wrested by normal stream flow or wave action, except i) where the Director determines to allow a variance that is at least as protective of natural resources and the environment, ii) where otherwise allowed by the Director pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage structure must be constructed, provided that adequate erosion control measures are incorporated in the project plans and specifications, and are implemented; or iv) along any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a stream: that under normal circumstances has water flowing only during and for a short duration after precipitation events; that has the channel located above the ground-water table year round; for which ground water is not a source of water; and for which runoff from precipitation is the primary source of water flow, Unless exempted as along an ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article 5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force unless a variance is granted by the Director as provided in this paragraph. The following requirements shall apply to any such buffer: (a) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; provided, however, that any person constructing a single-family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and (b) The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines; and 2. There is established a 50 foot buffer as measured horizontally from the point where vegetation has been wrested by normal stream flow or wave action, along the banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5 of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage structure must be constructed ; provided, however, that small springs and streams classified as trout streams which discharge an average annual flow of 25 gallons per minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the landowner, pursuant to the terms of a rule providing for a general variance promulgated by the Board, so long as any such pipe stops short of the downstream landowner’s property and the landowner complies with the buffer requirement for any adjacent trout streams. The Director may grant a variance from such buffer to allow land-disturbing 14 activity, provided that adequate erosion control measures are incorporated in the project plans and specifications and are implemented. The following requirements shall apply to such buffer: (a) No land-disturbing activities shall be conducted within a buffer and a buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing activities on the construction site are completed. Once the final stabilization of the site is achieved, a buffer may be thinned or trimmed of vegetation as long as a protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed: provided, however, that any person constructing a single–family residence, when such residence is constructed by or under contract with the owner for his or her own occupancy, may thin or trim vegetation in a buffer at any time as long as protective vegetative cover remains to protect water quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade on the stream bed; and (b)The buffer shall not apply to the following land-disturbing activities, provided that they occur at an angle, as measured from the point of crossing, within 25 degrees of perpendicular to the stream; cause a width of disturbance of not more than 50 feet within the buffer; and adequate erosion control measures are incorporated into the project plans and specifications and are implemented: (i) Stream crossings for water lines; or (ii) Stream crossings for sewer lines. F. LOCAL ISSUING AUTHORITY: Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent the City from adopting rules and regulations, ordinances, or resolutions which contain stream buffer requirements that exceed the minimum requirements in Section IV.B. D. & E. of this ordinance. G. LAND-DISTURBING ACTIVITY: The fact that land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. SECTION V APPLICATION/PERMIT PROCESS A. GENERAL: The property owner, developer and designated planners and engineers shall design and review before submittal the general development plans and detailed plans and requirements of the City that affect the tract to be developed and the area surrounding it. They shall consult the zoning ordinance, storm water management ordinance, subdivision ordinance, flood damage prevention ordinance, this ordinance, and any other ordinances, 15 rules, regulations or permits, which regulate the development of land within the jurisdictional boundaries of the City. However, the owner or operator, with owner notarized written consent, is the only party who may obtain a permit. B. APPLICATION REQUIREMENTS: 1. No person shall conduct any land-disturbing activity within the jurisdictional boundaries of Local Issuing Authority without first obtaining a Land Development Permit (LDA) from the County to perform such activity and providing a copy of Notice of Intent submitted to EPD if applicable. This also applies to mass grading activities at individual lots within a common development such as subdivision and a builder shall obtain a Land Disturbing Permit as well as a building permit to commence construction. 2. The application for a permit shall be submitted to the County and must include the applicant’s erosion, sedimentation and pollution control plan with a completed checklist and supporting data, as necessary. Said plans shall include, as a minimum, the data specified in Section V.C. of this ordinance. Erosion, sedimentation and pollution control plans, together with supporting data, must demonstrate affirmatively that the land disturbing activity proposed will be carried out in such a manner that the provisions of Section IV.B. D. & E. of this ordinance will be met. Applications for a permit will not be accepted unless accompanied by six (6) copies of the applicant’s erosion, sedimentation and pollution control plans. All applications shall contain a certification stating that the plan preparer or the designee thereof visited the site prior to creation of the plan in accordance with EPD Rule 391-3-7-.10. 3. An administrative fee, in the amount of $15.00 per disturbed acre (or portion thereof) shall be charged by the City for each project requiring a permit under this article. The fee shall be paid at the time the plan is submitted to the County. In addition to the local permitting fees, fees will also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. §12-5-23, provided that such fees shall not exceed $80.00 per acre of land- disturbing activity, and these fees shall be calculated and paid by the primary permittee as defined in the state general permit for each acre of land-disturbing activity included in the planned development or each phase of development. All applicable fees shall be paid prior to issuance of the land disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the Division; except that any and all fees due from an entity which is required to give notice pursuant to paragraph (9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the Division, regardless of the existence of a Local Issuing Authority in the jurisdiction. 4. Immediately upon receipt of an application and plan for a permit, the County shall refer the application and plan to the District for its review and approval or disapproval concerning the adequacy of the erosion, sedimentation and pollution control plan. The District shall approve or disapprove a plan within 35 days of receipt. Failure of the District to act within 35 days shall be considered an approval of the pending plan. The results of the District review shall be forwarded to the County. No permit will be issued unless the plan has been approved by the District, and any variances required by Section 16 IV.E. has been obtained, all fees have been paid, and bonding, if required as per Section V B.6., have been obtained. Such review will not be required if the County and the District have entered into an agreement which allows the County to conduct such review and approval of the plan without referring the application and plan to the District. The County with plan review authority shall approve or disapprove a revised Plan submittal within 35 days of receipt. Failure of the County with plan review authority to act within 35 days shall be considered an approval of the revised Plan submittal. 5. Denial of Permit: If a permit applicant has had two or more violations of previous permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as amended, within three years prior to the date of filing the application under consideration, the County may deny the permit application. 6. Bond Requirement: The County may require the permit applicant to post a bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing the permit. If the applicant does not comply with this section or with the conditions of the permit after issuance, the County may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. C. PLAN REQUIREMENTS: 1. Plans must be prepared to meet the minimum requirements as contained in Section IV.B. D. & E. of this ordinance, or through the use of more stringent, alternate design criteria which conform to sound conservation and engineering practices. The Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference into this ordinance. The plan for the land-disturbing activity shall consider the interrelationship of the soil types, geological and hydrological characteristics, topography, watershed, vegetation, proposed permanent structures including roadways, constructed waterways, sediment control and storm water management facilities, local ordinances and State laws. Maps, drawings and supportive computations shall bear the signature and seal of the certified design professional. Persons involved in land development design, review, permitting, construction, monitoring, or inspections or any land disturbing activity shall meet the education and training certification requirements, dependent on his or her level of involvement with the process, as developed by the Commission and in consultation with the Division and the Stakeholder Advisory Board created pursuant to O.C.G.A. §12-7-20. 2. Data Required for Site Plan shall include all the information required from the appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist established by the Commission as of January 1 of the year in which the land-disturbing activity was permitted. These check lists are included in this Ordinance by reference. A filled copy of applicable checklist shall be submitted with the plan. 17 3. Maps, drawings, and supportive computations shall bear the signature/seal of certified design professional. 4. Maintenance of all soil erosion and sedimentation control practices, whether temporary or permanent, shall be at all times the responsibilities of the property owner. 5. Plot plans for single family homes on individual lots shall illustrate the best management practice the contractor will implement during construction to prevent soil erosion and damage to adjoining properties as result if erosion; the plot plan shall illustrate the method for controlling onsite drainage and permanently stabilizing the disturbed soil upon completion of construction. Onsite drainage shall be away from the foundations through and towards a define drainage system. Direction of onsite flow to be indicated by arrows. Plot plans also include contractor name, street name and property address, lot dimensions drawn to scale, all easements, existing drainage features, structures footprints, building setback dimensions, BMPs to be implemented, offsite system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands, state water within 200 feet of the site, and applicable state water buffers. Aforementioned BMPs and drainage requirements also apply to plot plans for individual lots that are part of a larger common plan of development (such as residential or commercial subdivision). 6. Post construction phase shall include water quality controls depicting stormwater management system designed to meet the City MS4 NPDES Permit and associated Stormwater Management Plan stormwater Runoff Quality/Reduction performance standards. The plan shall include specific information regarding maintenance, operation, and delegation of authority for the system. D. PERMITS: 1. Permits shall be issued or denied as soon as practicable but in any event not later than forty-five (45) days after receipt by the County of a completed application, providing variances and bonding are obtained, where necessary and all applicable fees have been paid prior to permit issuance. The permit shall include conditions under which the activity may be undertaken. 2. No permit shall be issued by the County unless the erosion, sedimentation and pollution control plan has been approved by the Augusta Engineering Department (per the District agreement) and the County has affirmatively determined that the plan is in compliance with this ordinance, any variances required by Section IV.E. are obtained, bonding requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules and regulations in effect within the jurisdictional boundaries of the City are met. If the permit is denied, the reason for denial shall be furnished to the applicant. 18 3. Any land-disturbing activities by the County shall be subject to the same requirements of this ordinance, and any other ordinances relating to land development, as are applied to private persons. 4. If the tract is to be developed in phases, then a separate permit shall be required for each phase. 5. The permit may be suspended, revoked, or modified by the County, as to all or any portion of the land affected by the plan, upon finding that the land disturbing activity is not in compliance with the approved erosion and sedimentation control plan or that the holder or his successor is in violation of this ordinance. A holder of a permit shall notify any successor as to all or any portion of the land affected by the approved plan of the conditions contained in the permit. 6. The County may reject a permit application if the applicant has had two or more violations of previous permits or the Erosion and Sedimentation Act permit requirements within three years prior to the date of the application, in light of O.C.G.A. §12-7-7 (f) (1). 7. No permit shall be issued unless the applicant provides a statement by the Richmond County Tax Commissioner certifying that all ad valorem taxes levied against the property and due and owing have been paid. 8. Approved ES&PC Plan is valid for two years from the date it was issued in conjunction with the approved Site Plan or approved Development Plan. However, any project that has not begun construction within one year of issuance of the Land Disturbing Permit shall be required to submit an updated ES&PCP Plan for review and approval. The updated ES&PCP Plan must be submitted 30 days prior to the anticipated start of construction. 9. At completion of Land Disturbing Activities covered under this permit, the disturbed areas shall be permanently stabilized and NOT shall be submitted as soon as possible but not later than 45 days from establishment of permanent stabilization. A copy of NOT shall be provided to Augusta Engineering Department. In case of phased common development, NOT for the completed phase shall be submitted and ES&PC Plans shall be modified accordingly. SECTION VI INSPECTION AND ENFORCEMENT A. Prior to commencing land disturbing activities, a Pre-Construction Meeting with Augusta Engineering Department will be required. B. The Augusta Engineering Department will periodically inspect the sites of land- disturbing activities for which permits have been issued to determine if the activities are 19 being conducted in accordance with the plan and if the measures required in the plan are effective in controlling erosion and sedimentation. Also, the City shall regulate primary, secondary and tertiary permittees as such terms are defined in the state general permit. Primary permittees shall be responsible for installation and maintenance of best management practices where the primary permittee is conducting land-disturbing activities. Secondary permittees shall be responsible for installation and maintenance of best management practices where the secondary permittee is conducting land-disturbing activities. Tertiary permittees shall be responsible for installation and maintenance where the tertiary permittee is conducting land-disturbing activities. If, through inspection, it is deemed that a person engaged in land-disturbing activities as defined herein has failed to comply with the approved plan, with permit conditions, or with the provisions of this ordinance, a written notice to comply shall be served upon that person. The notice shall set forth the measures necessary to achieve compliance and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, he shall be deemed in violation of this ordinance. 1. Residential Construction of Individual Lots: The County Building Inspector will inspect for compliance with this Ordinance for residential construction on individual lots. If a project is deemed not in compliance with the approved plot plan, Augusta Engineering Department will be notified for further action. The contractor and builder will be issued a written notice to comply with the approved plan. If the contractor/builder engaged in the land disturbing activity fails to comply within the time specified, he shall be deemed in violation of this chapter. C. Augusta Engineering Department shall have the power to conduct such investigations as it may reasonably deem necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigation and inspecting the sites of land-disturbing activities. D. No person shall refuse entry or access to any authorized representative or agent of the County, the Commission, the District, or Division who requests entry for the purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out his official duties. SECTION VII PENALTIES AND INCENTIVES A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS: If any person commences any land-disturbing activity requiring a land-disturbing permit as prescribed in this ordinance without first obtaining said permit, the person shall be subject to revocation of his business license, work permit or other authorization for the 20 conduct of a business and associated work activities within the jurisdictional boundaries of the City. B. STOP-WORK ORDERS: 1. For the first and second violations of the provisions of this ordinance, the Director or the County shall issue a written warning to the violator. A notice may be in any written form, including without limitation, a memo, letter, directive or citation to appear in Magistrate Court. The violator shall have five days to correct the violation. If the violation is not corrected within five days, the Director or the County shall issue a stop- work order requiring that land-disturbing activities be stopped until necessary corrective action or mitigation has occurred; provided, however, that, if the violation presents an imminent threat to public health or waters of the state or if the land-disturbing activities are conducted without obtaining the necessary permit, the Director or the County shall issue an immediate stop-work order in lieu of a warning; 2. For a third and each subsequent violation, the Director or the County shall issue an immediate stop-work order; and; 3. All stop-work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land-disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. 4. When a violation in the form of taking action without a permit, failure to maintain a stream buffer, or significant amounts of sediment, as determined by the County or by the Director or his or her Designee, have been or are being discharged into state waters and where best management practices have not been properly designed, installed, and maintained, a stop work order shall be issued by the County or by the Director or his or her Designee without issuing prior written notices. All such stop work orders shall be effective immediately upon issuance and shall be in effect until the necessary corrective action or mitigation has occurred. Such stop work orders shall apply to all land- disturbing activity on the site with the exception of the installation and maintenance of temporary or permanent erosion and sediment controls. C. BOND FORFEITURE: If the County determines that a person engaged in land-disturbing activities at a project where a Bond was required pursuant to Section V has failed to comply with the approved plan, the party responsible for the securing the bond shall be deemed in violation of this Ordinance and a written warning notice to comply shall be served upon that person. The warning notice shall set forth the measures necessary to achieve compliance with the plan and shall state the time within which such measures must be completed. If the person engaged in the land-disturbing activity fails to comply within the time specified, in 21 addition to other penalties applicable under this Ordinance, he shall be deemed to have forfeited his performance bond. The County may call the bond or any part thereof to be forfeited and use the proceeds to hire a contractor to stabilize the site of the land- disturbing activity and bring it into compliance. D. MONETARY PENALTIES: 1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition or limitation established pursuant to this ordinance, or who negligently or intentionally fails or refuses to comply with any final or emergency order issued as provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to exceed $2,500.00 for each violation. Each day during which violation or failure or refusal to comply continues shall be a separate violation. 2. Under provision of this section, any person who continue to violate this Ordinance, or knowingly and intentionally becoming a habitual violator on the same or different site, will be liable for a civil penalty not to exceed $2,500.00 per day. 3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing into the NPDES account. SECTION VIII EDUCATION AND CERTIFICATION A. Persons involved in land development design, review, permitting, construction, monitoring, or inspection or any land-disturbing activity shall meet the education and training certification requirements, dependent on their level of involvement with the process, as developed by the commission in consultation with the division and the stakeholder advisory board created pursuant to O.C.G.A. §12-7-20. B. For each site on which land-disturbing activity occurs, each entity or person acting as either a primary, secondary, or tertiary permittee, as defined in the state general permit, shall have as a minimum one person who is in responsible charge of erosion and sedimentation control activities on behalf of said entity or person and meets the applicable education or training certification requirements developed by the Commission present on site whenever land-disturbing activities are conducted on that site. A project site shall herein be defined as any land-disturbance site or multiple sites within a larger common plan of development or sale permitted by an owner or operator for compliance with the state general permit. C. Persons or entities involved in projects not requiring a state general permit but otherwise requiring certified personnel on site may contract with certified persons to meet the requirements of this ordinance. 22 D. If a state general permittee who has operational control of land-disturbing activities for a site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A. §12-7-19, then any person or entity involved in land-disturbing activity at that site and operating in a subcontractor capacity for such permittee shall meet those educational requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall not be required to meet any educational requirements that exceed those specified in said paragraph. SECTION IX ADMINISTRATIVE APPEAL – JUDICIAL REVIEW A. ADMINISTRATIVE REMEDIES: The suspension, revocation, modification or grant with condition of a permit by the County, or the issuance of a stop-work order, or the determination to call a bond pursuant to this Ordinance upon finding that the holder is not in compliance with the approved erosion, sedimentation and Pollution control plan, or that the holder is in violation of permit conditions, or that the holder is in violation of any ordinance, shall entitle the person submitting the plan or holding the permit to a hearing before the Augusta Commission within 30 days after receipt by the City of written notice of appeal. A notice of appeal pursuant to this subsection must be delivered to the clerk of the Augusta Georgia Commission within 20 days of the denial, suspension, revocation, unilateral modification, grant with a condition of a permit, or notice of calling a bond by the County, of the issuance of a stop-work order pursuant to this Ordinance. B. JUDICIAL REVIEW: Any person, aggrieved by a decision or order of the County, after exhausting his administrative remedies, shall have the right to appeal denovo to the Superior Court of Richmond County, Georgia. SECTION X EFFECTIVITY, VALIDITY AND LIABILITY A. EFFECTIVITY: This ordinance shall become effective on the _______ day of __________________, 20__; all Ordinance or part of ordinances in conflict with this Ordinance are hereby repealed. B. VALIDITY: 23 If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged invalid or held unconstitutional, such decisions shall not affect the remaining portions of this ordinance. C. LIABILITY: 1. Neither the approval of a plan under the provisions of this ordinance, nor the compliance with provisions of this ordinance shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the City, Augusta, Georgia or District for damage to any person or property. 2. The fact that a land-disturbing activity for which a permit has been issued results in injury to the property of another shall neither constitute proof of nor create a presumption of a violation of the standards provided for in this ordinance or the terms of the permit. 3. No provision of this ordinance shall permit any persons to violate the Georgia Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the rules and regulations promulgated and approved thereunder or pollute any Waters of the State as defined thereby. AUGUSTA, GEORGIA N0.Pg-1/2 Expiration: / / _ LAND DISTURBING ACTIVITY PERMIT APPLICATION MAILING ADDRESS - Planning & Development Department Augusta Engineering Department 535 TELFAIR ST; STE300 PHONE: (706)821-1796 send a copy to: 452 Walker St. STE110, Augusta, GA 30901 AUGUSTA, GA 30901 FAX: (706)821-1806 PHONE: (706)821-1706 FAX: (706)796-5045 PROJECT NAME: PROJECT ADDRESS:TAX MAP: BLOCK: LOT: _ PROJECT TYPE: ( ) COMMERCIAL ( ) MULTIFAMILY ( ) SUBDIV ( ) GOVT/INSTITUTION ( ) ROW ONLY ( ) S/F ( ) OTHER ACTIVITY TYPE: ( ) CLEARING & GRUBBING ( ) GRADING ( ) DEVELOPMENT TOTAL & DISTURBED PROJECT ACRES: PROPOSED DATE OF CONSTRUCTION: _ PROPERTY OWNER OF RECORD:PHONE NUMBER: _ MAILING ADDRESS: _STATE/ZIP _ APPLICANT:PHONE NUMBER: _ MAILING ADDRESS:STATE/ZIP _ PHONE# & FAX#EMERGENCY PHONE NUMBER: _ ENGINEERING FIRM:FIRM CONTACT PERSON: _ 24-HOUR CONTACT NAME & GSWCC CERT. #:PHONE NUMBER: _ 24-HOUR CONTACT CELL # & Email: _FAX NUMBER: _ In accordance with Augusta Georgia Code of Ordinance "Soil Erosion, sedimentation and Pollution Control", Sec. V(D)(6). If a permit applicant has had two or more violations of a previous permit or the Soil Erosion, Sediment & Pollution Control Ordinance, or the Georgia Erosion and Sedimentation Control Act, as amended, within three years prior to the date of filing of the application under consideration, the County may deny application for a permit. Sec. V(B)6 . The County may require the permit application to post a Performance Bond in the form of government security, cash, irrevocable letter of credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing a permit. If the applicant does not comply with this ordinance of with conditions of the permit after issuance, the county may call the bond or any part thereof to be forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance. Sec. V(D)(5) The permit may be suspended, revoked, or modified by the county, as to all or any portion of the land effected by the plan, upon a finding that the land disturbing activity is not in compliance with the approved erosion, sedimentation & pollution control plan or that the holder or his successor is in violation of the Soil Erosion, Sediment & Pollution Control Ordinance . A holder of an LDA permit shall notify any successor as to all or any portion of land covered by the LDA permit about the conditions and requirements of the permit. I hereby certify that the information provided herein is true, correct and complete to the best of my knowledge. I further certify that I have read the stipulations in this application and that I, and/or the entity I represent, as applicable, will be subject to these stipulations if a permit is issued. Subscribed and Sworn before me on ______day of ______20_____ Date: / / _ Applicant Signature: Property Owner or Owner's Authorized Representative Notary Public Commission Expire APPLICATION FEE: RECEIVED BY: APPLICATION DATE: / / _ APPLICATION: ( ) APPROVED ( ) APPROVED WITH CONDITIONS* ( ) DISAPPROVED [Augusta Georgia ES&PC Ordinance: Sec V(B)(5)] SPECIAL REQUIREMENTS: 1-This Permit is valid only after signed by both AP&DD Director (or designee) & AED Director (or designee). 2-E&SC Bond Required (irrevocable letter of credit) NO ( ) YES ( ) Amount $______________ 3-No site work shall begin until after pre-construction meeting is held by the Augusta Engineering Department 4-A copy of filed NOI with proof of applied payment shall be submitted to AED prior to requesting pre-construction meeting 5-This permit is non transferrable * APROVAL CONDITIONS: AP&DD Director (or DESIGNEE)Date AED Director (or DESIGNEE)DATE ES&PC Plan Approval Date ____________ E&S Review N0.__________ NOI FEE: NO ( ) YES ( ) PAID: YES( ) NO( ) DATE PAID: RECEIVED BY _ REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan F O R O F F I C I A L U S E O N L Y OW N E R PR O J E C T AP P L I C A N T & C O N T A C T Ce r t i f i c a t i o n Le g a l A u t h o r i t y AUGUSTA, GEORGIA LAND DISTURBING ACTIVITIES PERMIT APPLICATION Pg-2/2 General Conditions (i) In accordance with the provision of the Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance and the Rules of the Georgia Department of Natural Resources, Chapter 391-3-7, Erosion and Sedimentation Control, both as amended, this permit is issued for the land disturbing activity as described hereon and presented in the attached Approved Erosion, Sedimentation and Pollution Control Plan. (ii) Projects that include the impoundment of water or the construction of a pond, the owner hereby agrees and does by these presents, indemnify and hold harmless Augusta Georgia from and against any and all claims, demands, suites. Judgments, or chooses-in-action which may be a third party against Augusta Georgia, as a result of the impoundment of water or the construction of a pond covered by this permit. (iii) Applicant indemnifies and holds the Augusta Georgia and its officers, agents, and employees against any and all claims, damages, demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any injury, death, loss or damage arises out of the construction, operation, maintenance, repair, removal or relocation of the facilities covered by this permit. (iv) Applicant is responsible for submitting all applicable plans, reports, and/or drawings. (v) Applicant is responsible for obtaining any additional permits required by Georgia DOT, GA EPD, GA DNR, USACE &/or other government agencies. (vi) This permit is subject to modification or revocation on a finding of noncompliance with any of the provision of the Augusta Georgia Soil Erosion, Sedimentation & Pollution Control Ordinance, and/or Erosion and Sedimentation Act of 1975, as amended, or any of the rules promulgated pursuant thereto; or with any representation made on the attached thereto. (vii) Unless otherwise exempted, person engaged in land-disturbing activities shall apply erosion, sedimentation and pollution control measures which conform to the specifications contained in the current version of the "Manual for Erosion and Sediment Control in Georgia" (also known as the "Green Book") published by State Soil and Water Conservation Commission. (viii) This permit is effective until completion of the aforementioned land disturbing activity. However, if the land disturbing activity does not commence within twenty-four (24) months from date issued, this permit will become null and void. (xiv) If land disturbing activties do not commence within sixty (60) days from date of Preconstruction Meeting held by the AED, this permit will become inactive until a new Preconstruction Meeting is arranged and conducted. General Notes (i) Provide copy of NOI and associated Fee Payment proof Prior to Pre-construction meeting held by Augusta Engineering Department (ii) Submit Notice of Termination by State General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and a copy to the Augusta Engineering Department upon completion of permitted construction activities (iii) Lot(s) development/construction in a Common Development (Subdivision), Submit Notice of Inetent and Termination as Secondary Permittee by State General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and a copy to the Augusta Engineering Department. (iv) Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at issuance of "Certificate of Occupancy" . (v) For phased Development,Provide a copy of Notice of Termination (NOT) to the Augusta Engineering Department at Platting of respective phase . Engineering Services Committee Meeting 11/13/2018 1:20 PM Amendment #1-Revision to Final Stabilization Definition Soil Erosion, Sedimentation and Pollution Control Ordinance Department:Engineering Presenter:Hameed Malik Caption:Approve Amendment #1 to Augusta, GA Soil Erosion, Sedimentation and Pollution Control (ES&PC) Ordinance dated May 1, 2018 as requested by AED. Background:Augusta, Georgia Area-wide NPDES Permit requires updating land development ordinances if any revision to these ordinances occurred at the state or local level. In addition, Augusta, Georgia is the state delegated Local Issuance Authority (LIA) for managing land disturbing activities (development) within its legal boundaries. LIA is required to revise its ES&PC ordinance if Erosion and Sediment Act is revised. In 2015, the E&S Act was revised and Augusta, Georgia being LIA is required to complete its ES&PC ordinance revision accordingly. In compliance, Augusta revised its ES&PC ordinance in May 2018 and submitted to the State. Upon completion of review, the State indicated that “Final stabilization” definition needs further revision. Analysis:Proposed amendment #1 to ES&PC ordinance is state mandated requirement and essential for maintaining LIA status. LIA status is critical for managing land disturbing activities at local level. Updating ES&PC ordinance is also compliance requirement of Augusta MS4 Permit. Financial Impact:No Financial Impact. Alternatives:Do not approve and suggest alternate way to comply with state mandated requirement. Recommendation: Approve Amendment #11 to Augusta, GA Soil Erosion, Sedimentation and Pollution Control (ES&PC) Ordinance dated May 1, 2018 as requested by AED. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 2018 1 ORDINANCE NO. ____________________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE ONE, CHAPTER FOUR, ARTICLE SEVEN, BY ADDING NEW SECTIONS TO BE DESIGNATED SECTIONS 1-4-95 THROUGH 1-4-102; TO RE-ESTABLISH THE AUGUSTA-RICHMOND COUNTY BEAUTIFICATION-CLEAN COMMUNITY COMMISSION AS KEEP AUGUSTA BEAUTIFUL; TO CREATE MEMBERSHIP GUIDELINES, ESTABLISH DUTIES AND RESPONSIBILITIES, AND BY-LAWS FOR KEEP AUGUSTA BEAUTIFUL; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA CODE, Title 1, Chapter 4, Article 7, as set forth in the AUGUSTA, GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in its entirety as set forth in “Exhibit A” hereto. SECTION 2. AUGUSTA, GA CODE, Title 1, Chapter 4, Article 7, is hereby amended to add new sections to be designated Sections 1-4-95 through 1-4-102 as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall be effective immediately after its adoption in accordance with applicable laws. SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning events held on public property in conflict herewith are hereby repealed. Adopted this _____ day of__________, 2018. ___________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: 2018 2 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on November 4, 2014 and that such Ordinance has not been modified or rescinded as the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ________________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle DATE: __________________________ 2018 3 Exhibit A STRIKE: SECS. 1-4-95—1-4-102. RESERVED. 2018 4 Exhibit B ADD NEW: ARTICLE 7. AUGUSTA-RICHMOND COUNTY BEAUTIFICATION-CLEAN COMMUNITY COMMISSION Secs. 1-4-95 Created; Purpose; Name The Augusta-Richmond County Beautification-Clean Community Commission shall hereinafter be referred to as the Keep Augusta Beautiful Commission (cited as Keep Augusta Beautiful). A Keep Augusta Beautiful Commission is hereby created for the purpose of advising the Augusta, Georgia Commission in establishing an Augusta-wide policy for decreasing the amount of litter in Augusta, providing beautification opportunities for citizens, and educating the public on recycling and its benefits. Secs. 1-4-96 Membership The Keep Augusta Beautiful Commission provided for herein shall be comprised of a total of nine (9) but no more than twelve (12) members. One (1) member will be a non-voting position filled by the Program Manager/Executive Director. The remaining eight (8) to eleven (11) members will be selected and filled based on the following criteria: 1. One member shall be from the Board Of Education/Richmond County School System 2. One Member shall be from eight (8) of the Augusta Commission Districts 3. At least one (1) member will represent local businesses/nonprofits. 4. At least one (1) member will represent government agencies. Member composition may overlap in the above mentioned criteria and must be made up of those representing businesses and professional groups, trade unions, education groups, civic clubs, government agencies, and the general public. The Keep Augusta Beautiful Commission shall operate under the purview of the Augusta Environmental Services Department. The Keep Augusta Beautiful Commission shall function as the Executive Board of Keep Augusta Beautiful. The Mayor shall be an ex officio member of the Keep Augusta Beautiful Commission. Secs. 1-4-96-1 Advisory Group All citizens have the opportunity to provide feedback and seek answers to their questions through the use of the Advisory Group meetings. All concerns presented during the Advisory Group meeting will be taken back to the Executive Board for consideration. The Advisory Group does not direct the Executive Board or Keep Augusta Beautiful. Secs. 1-4-97 Length of Term 2018 5 Executive Board members shall serve no more than three (3) successive terms. Each term to last no more than 2 years. Secs. 1-4-98 Duties of the Program Manager/Executive Director That the Program Manager/Executive Director of Keep Augusta Beautiful shall be the non-voting member of the Executive Board. The Program Manager/Executive Director shall be custodian of all minutes and records of Keep Augusta Beautiful and perform such other duties as the Executive Board may deem necessary and consistent with both the responsibilities of the Keep Augusta Beautiful Commission and his/her responsibilities to Augusta, Georgia through the Augusta Environmental Services Department Director. Secs. 1-4-99 Officers; Meetings; Quorums (a) Those five (5) but no more than seven (7) members of the Keep Augusta Beautiful Commission shall constitute a quorum for the conduct of business. The members of the Keep Augusta Beautiful Commission shall regularly attend meetings and shall serve without compensation except for reimbursement of authorized expenses attendant to the performance of their duties. (b) The Keep Augusta Beautiful Commission shall hold an organizational meeting at least once per year and shall elect a Chairman, Vice-Chairman, and Secretary from among its members before proceeding to any other matters of business. The Keep Augusta Beautiful Commission shall meet regularly and shall designate the time and place of its meetings. Newly-appointed members shall be installed at the first regular meeting after their selection. (c) The Keep Augusta Beautiful Commission shall adopt its own bylaws and rules of procedure and keep a record of its proceedings in accordance with the provisions of the Augusta, Georgia Code of Ordinances and the Augusta, Georgia Consolidation Act. The secretary of the Keep Augusta Beautiful Commission shall take minutes of all meetings of the Keep Augusta Beautiful Commission and keep records of all regularly scheduled meetings and other pertinent actions or proceedings. In the event that the Keep Augusta Beautiful Commission Secretary is unavailable, the Keep Augusta Beautiful Administrative Assistant will take the minutes. (d) Every other month a report shall be submitted to the Keep Augusta Beautiful Commission showing the cumulative attendance of each member with notation of members who have been absent from three (3) consecutive meetings. Secs. 1-4-100 Responsibilities The Keep Augusta Beautiful Commission shall recommend policies related to community improvement with a focus in the areas of litter prevention, beautification, and waste reduction and recycling to the Augusta, 2018 6 Georgia Commission so all Augusta activities might follow a common purpose. The Keep Augusta Beautiful Commission shall have the following responsibilities: 1. Develop Augusta-wide refuse and environmental policy plan(s); 2. Evaluate Augusta actions in light of that policy; 3. Determine and recommend, to the Augusta, Georgia Commission, management and program priorities on a Augusta-wide basis; 4. Recommend enforcement and additional program alternatives; 5. Monitor Augusta performance from data collected and examined under the Keep America Beautiful, Inc. Affiliate System guidelines and make an annual report to the Augusta, Georgia Commission; and 6. Carry out such other related tasks as the Augusta, Georgia Commission may designate. To accomplish these responsibilities the Keep Augusta Beautiful Commission shall establish sub-committees such as, but not limited to, the areas of Business and Industry, Communications, Education, Finance/Fundraising, and Cleanup. A Keep Augusta Beautiful Commission member will chair each sub-committee with an unspecified number of community volunteers chosen by the Keep Augusta Beautiful Commission as working sub-committee members. Secs. 1-4-101 Financial Powers limited Augusta, Georgia, within the budgetary appropriation process, shall furnish office space, supplies, telephone, postage, and secretarial support for the Program Manager/Executive Director. Augusta, Georgia, within the Augusta, Georgia Commission-imposed budgetary restraints, shall also supply additional funds for Keep Augusta Beautiful Commission activities involving travel or training for the Program Manager/Executive Director and staff, as needed, upon approval of the Environmental Services Department Director. Augusta, Georgia, within the budgetary appropriation process, shall pay the Program Manager’s/Executive Director's salary. Such salary and other expenses, whether specifically enumerated in the preceding paragraph or not, may be paid from donations when received by Augusta from the general public, business, industry, foundations and other sources for the purposes embraced by the scope of the Keep Augusta Beautiful Commission's purpose and responsibilities, administered in accordance with standard Augusta, Georgia policy and practice governed by statutes, the consolidation act, and ordinances. The Keep Augusta Commission shall not have the power to financially obligate Augusta, Georgia without prior approval of the Executive Board, Augusta Director of Environmental Services Department, and the Augusta, Georgia Commission. Secs. 1-4-101-1 Funding 2018 7 The Keep Augusta Beautiful Commission shall submit budget requests annually in a manner prescribed by the Augusta Director of Environmental Services Department, as established by ordinance or regulation of Augusta, Georgia. The annual budget requests of Keep Augusta Beautiful are subject to approval by the Augusta Director of Environmental Services Department and the Augusta, Georgia Commission. Keep Augusta Beautiful may make application to state, federal, or private funds and grants and may use any funds so received in the performance of duties and functions prescribed by this article. The Keep Augusta Beautiful Commission shall not be authorized to make application for state, federal or private funds and grants over $20,000.00 without prior official approval of the Augusta, Georgia Commission for a given grant , bequest or devise of real property, money or personal property to be applied, principal or income, for either permanent or temporary use for commission purposes if the acceptance of any such gift, grant, bequest or devise will subject Augusta to additional expense of any nature or obligation of any kind. Secs. 1-4-102 That it is hereby declared to be the intention of the Augusta, Georgia Commission that the sections, paragraphs, sentences, clauses and phrases of the Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences or paragraphs and sections of this Ordinance, since the same would have been enacted by the Augusta, Georgia Commission without incorporation in this Ordinance of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section. Engineering Services Committee Meeting 11/13/2018 1:20 PM Approve and adopt the ordinance to establish the Keep Augusta Beautiful Commission; Article 7, Sections 1-4-95 to 1-4-102 of the Augusta Code; and waive the second reading. Department:Environmental Services Presenter: Caption:Approve and adopt the ordinance to establish the Keep Augusta Beautiful Commission; Article 7, Sections 1-4-95 to 1-4-102 of the Augusta Code; and waive the second reading. (Referred from November 6 Commission meeting) Background:Keep Augusta Beautiful was started by the Environmental Services Department, after Commission approval, with defined efforts to educate the public on litter prevention and recycling, create opportunities for beautification, develop partnerships, and coordinate public outreach. Keep Augusta Beautiful is seeking affiliation with Keep America Beautiful, the national organization on litter prevention, recycling, and beautification. Keep America Beautiful’s expertise in community improvement includes proven programs to address litter prevention, beautification, and waste reduction and recycling in our community; and would be an overall benefit to Augusta. One of the key requirements for affiliation with Keep America Beautiful is to formally establish the governing documents including ordinances, an Executive Board, staffing, and By-Laws. Keep Augusta Beautiful received Commission approval to work on city ordinances that will create the Keep Augusta Beautiful Commission. This item is requesting approval for the attached ordinance. Analysis:The ordinance is designed to establish and set the membership requirements of the Executive Board, the purpose of the Advisory Group, Duties of the Program Manager, general responsibilities of each, and Financial Powers of the organization. The Executive Board will be made up of between nine and 12 members, with representatives from each Commission District, Board of Education, local business, non- profit organization, and government agencies. One person may represent more than one group. Each member will serve a 2-year term and may serve no more than 3 successive terms. Once the board is established, they will choose a chairperson, secretary, and vice-chairman. The Board will provide recommendations for programs, initiatives, address issues, and insure the KAB group meets or exceeds the requirements of Keep America Beautiful. The Program Manager serves as a member of the Board, but also serves to complete the day to day mission of the KAB office. This position sits within the Environmental Services Department, with oversight by the Director. An Advisory Group is also established to seek input from the community members. KAB and ESD recognize that community support and input is vital to the growth of the organization and its initiatives. Financial Impact:There is no financial impact to the adoption of the Ordinance. Alternatives:1. Do not approve and request the Department to make additional changes to the content of the ordinance. 2. Request the Department return for a second reading. Recommendation:Approve the ordinance as written, and waive the second reading. Funds are Available in the Following Accounts: None required. REVIEWED AND APPROVED BY: Page 1 of 4 AMENDMENT TO SITE LEASE AGREEMENT This AMENDMENT TO SITE LEASE AGREEMENT (the “Amendment”) is made this ___ day of _______________, 2018 (the “Effective Date”), by and between AUGUSTA WASTE TO ENERGY, LLC (the “Lessee”) and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (the “Lessor”). Lessor and Lessee are each individually also referred to as a “Party” and collectively, as the “Parties.” WITNESSETH: WHEREAS, Landlord and Tenant entered into that certain Site Lease Agreement dated September 26, 2017 (the “Lease”) to lease land for a Processing Site located at Lessor’s Landfill in Blythe, Georgia (the “Premises”). WHEREAS, the Parties desire to amend the established timelines, financial liability requirements, and other provisions of the Lease pursuant to the terms of this Amendment. NOW, THEREFORE, in consideration of the mutual covenants of Lessor and Lessee, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby covenant and agree as follows: 1. Capitalized terms not defined herein shall have the meaning ascribed to such term in the Lease. 2. Section 3.6, Conditions Precedent to Lessee’s Obligation to Lease Processing Site, is hereby deleted in its entirety and replaced with the following: 3.6 Conditions Precedent to Lessee’s Obligation to Lease Processing Site. Lessee’s obligation to lease the Processing Site and to perform all other obligations of Lessee under the terms and conditions of this Lease are subject to fulfillment of the following “Conditions Precedent” on or before eighteen (18) months after the execution of the Lease, except that any of the same may be waived by Lessee in its sole discretion, in writing: (a) Satisfactory completion of the Inspections by Lessee to confirm that the Processing Site is an appropriate location for Lessee to operate a Processing Facility (b) Satisfactory ALTA/ACSM survey of the Processing Site and any improvements (the “Survey”); (c) Satisfactory environmental reports and condition, including a Phase I report; (d) Satisfactory soil borings to confirm geotechnical characteristics of the Processing Site; Page 2 of 4 (e) Satisfactory cross access and other appropriate easements, which Lessor shall provide to Lessee as required by Lessee. (f) Lessor’s completion of its obligations set forth in Section 2.2 above. Additionally, the obligations of Lessee under this Lease are subject to fulfillment of the following “Additional Condition Precedent” on or before eighteen (18) months after the execution of this Lease: Lessee shall have entered into agreements and received Permits and all other necessary governmental authorizations on terms and conditions acceptable to Lessee, in Lessee's sole discretion, that shall: (i) enable Lessee to accept delivery of Municipal Solid Waste from Lessor and process it in accordance with Lessee’s business model and facility design; and (ii) enable Lessee to finance, build and operate the Processing Facility on the Processing Site. 3. Section 4.4, Improvements, is hereby deleted in its entirety and replaced with the following: 4.4 Improvements. Lessor and Lessee intend and agree that, subject to the terms and conditions of this Lease, the Lessee’s improvements including the Processing System, shall be and remain the personal property of Lessee, and shall at no time become a fixture with respect to the Processing Site. Upon termination or expiration of this Lease, title to any improvements situated or erected on the Processing Site, and any alteration, change or addition thereto, shall remain solely in Lessee. Within one hundred and eighty (180) days of the expiration or earlier termination of the Initial Term (or any extension thereof), all processing equipment installed, including any building or other improvement, shall, at the option of Lessee: remain the property of the Lessee and be removed; Lessee may demolish and dispose of any or all of the foregoing; and/or Lessee may abandon the same on the Processing Site if the Lessor has consented to such abandonment in writing. Provided, however, should the Lessor desire that any of the foregoing improvements remain at the Processing Site despite Lessee’s desire to remove the same, Lessor shall pay Lessee the fair market value, as determined at the time of the acquisition, for such improvement(s). Should Lessee decide to remove any equipment and/or other improvement, such removal shall be done in such a manner that it does not damage the integrity of any abandoned or purchased improvement that the Lessor has elected to retain. Lessee shall be solely responsible for any post-closure costs and liability for the premises associated with the termination of the Agreement. 4. Section 13.1, Lessee’s Insurance is hereby deleted in its entirety and replaced with the following: 13.1 Lessee’s Insurance. Lessee shall at all times carry and maintain, at its own expense, the minimum insurance coverage set forth in this Section 13. 1. The terms and conditions of such insurance policies (including the amount, scope of coverage, deductibles and self-insured retentions) shall be commercially reasonable and the coverage shall be on an occurrence basis: Page 3 of 4 (a) Commercial GL: no less than $1,000,000. (b) Auto Liability – single limit: no less than $1,000,000, including coverage for owned, non-owned and hired vehicles for both bodily injury and property damage. (c) Property/Machinery Breakdown “all risk” insurance for replacement cost for Processing System and shall include business interruption coverage. (d) Pollution Liability Coverage: no less than $ 2,000,000. (e) Worker’s Compensation insurance, covering liability under applicable worker’s compensation law, at the statutory coverage levels; and (f) $1,000,000 Employer Liability. The State of Georgia also requires that Lessee provide financial assurance to cover the amount of waste that Processing Site will handle at its maximum capacity, in the event that the Processing Sire is abandoned or ceases to operate. The amount of financial assurance required by the State of Georgia for Lessee’s Processing Site is approximately $1,400,000.00. Such amount shall be certified by the State of Georgia on an annual basis. Lessee shall be solely responsible for such required financial assurance and certification. Failure of Lessee to do so shall result in a breach of this Agreement and automatically terminate this Agreement. 5. All other terms and conditions of the Lease that are not modified by this Amendment shall continue in full force and effect. [SIGNATURES ON THE FOLLOWING PAGE] Page 4 of 4 IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment as of the Effective Date. LESSOR: LESSEE: AUGUSTA, GEORGIA AUGUSTA WASTE TO ENERGY, LLC By: By: Name: Hardie Davis, Jr. Name: C. Dean Alford Title: Mayor Title: President and CEO Attest:________________________________ Lena J. Bonner, Clerk of Commission Engineering Services Committee Meeting 11/13/2018 1:20 PM Approve the Amendment to the Lease Agreement Between Augusta and Augusta Waste to Energy. Department:Environmental Services Presenter:Lori Videtto Caption:Approve the Amendment to the Lease Agreement Between Augusta and Augusta Waste to Energy. Background:Augusta entered into a lease agreement with Augusta Waste to Energy in September 2017 for the use of a section of land at the Augusta Landfill property, the purchase of waste, and the construction of a waste reclamation facility. In that initial lease agreement, certain timelines were set which, due to outside circumstances, the two parties were not able to meet. The original Agreement provided that the permitting and engineering be completed within 9 months of the execution of the Agreement. This amendment is to adjust those timelines to continue project development; and to ensure that post-closure financial assurance is performed annually and is not the responsibility of Augusta. Analysis:The development of the waste reclamation facility is a rather complex task. The Lessee – Augusta Waste to Energy, had to obtain a Solid Waste Handling Permit from the Georgia EPD, as well as perform some civil engineering tasks, tests, and reports; as well as obtain a Land Disturbance Permit. The permitting has proven to take much longer than originally anticipated. In addition, the Augusta Landfill needed a modification to the property line in order to meet the size requirements of the proposed facility. Augusta, to date, has not yet received that approval from the EPD, either. In speaking with the EPD representatives, they anticipate that approval will be issued to Augusta within the next couple of weeks. Secondly, EPD required Augusta Waste to Energy provide for the post-closure costs for the facility and to provide financial assurance that those costs will be covered. Augusta added a term to the lease at Section 4.4 and at Section 13.1 which states that Augusta Waste to Energy is responsible for those costs, which are estimated at $1.4M, and will be responsible for certifying that amount to the State of Georgia on an annual basis. Financial Impact:There is no impact to Augusta at this time, however this project will have a positive impact to Augusta and the Augusta Landfill’s operations once on-line. Alternatives:1. approve the amendment and allow the project to progress. 2. do not approve the amendment and require further negotiation between Augusta and Augusta Waste to Energy. Recommendation:1. approve the Amendment and execution of the document. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 11/13/2018 1:20 PM Approve the Environmental Services Department to draft a revision to Section 4-2-6 – Fees for use of Augusta-Richmond County Solid Waste Landfill. Department:Environmental Services Presenter: Caption:Approve authorization for the Environmental Services Department to draft a revision to Section 4-2-6 – Fees for use of Augusta-Richmond County Solid Waste Landfill and to bring the draft back to the Engineering Services Committee for review. (Referred from November 6 Commission meeting) Background:The fees to use the Deans Bridge Road landfill are set in Augusta Ordinance. Section 4-2-6 has not been updated in approximately 12 years, and the ESD would like to take the opportunity to review this section of the Code and propose an updated rate structure for the use of the landfill. The current rates are market-competitive; however in order to remain in good financial status, to work to attract additional customers to the facility, and to reflect current operations; minor updates are requested at this time. Analysis:The current rate structure can be viewed in the attachments. What ESD is proposing at this time is to establish a separate rate for clean Construction and Demolition debris; establish a rate for the intake of commercial quantities of recyclables; and to increase the minimum charge to $6. While these changes are small, they do allow the landfill to remain competitive. Currently C&D is charged at the same rate as garbage - $33.50 per ton; however, in reviewing rates charged at other landfill facilities in the area; the rate charged for C&D is much lower. Establishing a separate rate for C&D will allow Augusta to market that rate and attract more customers. The current customer who has clean construction debris will haul to the closest facility with the lowest rate. This is not a large waste stream for Augusta, but ESD wants to draw as many of those customers to the facility as possible. Secondly, the recycling markets have changed, and Augusta has received inquiries regarding the intake of larger quantities of recyclable materials. At this time, the majority of what ESD handles is what is collected by the contracted haulers and those items dropped off at the recycle drop-off locations. However, there is additional opportunity for Augusta to handle more recyclables; but ESD would need to cover the operating cost in order to do so. Establishing a rate for commercial quantities of recyclables would, again, allow for additional revenue opportunities for the landfill operations. Finally, ESD is proposing to add a term to the Ordinance which would allow the Administrator to approve negotiated rates for landfill disposal for defined projects. The ESD does not want to be overlooked when large construction projects are being undertaken in the area because we have no flexibility on the disposal rates. These are designed to be short- term, project-specific rates that would be negotiated and documented. Financial Impact:There is no financial impact at this time; and the proposed adjustments will serve to attract additional customers. Alternatives:1. Do not allow the work to proceed on the Ordinance adjustment, and keep landfill operations stagnant. 2. Propose additional changes to the rate structure in addition to those mentioned above. Recommendation:Allow ESD to work with the Law Department to draft an update to this Section. Funds are Available in the Following Accounts: No funds are needed at this time. REVIEWED AND APPROVED BY: Page 1 of 2 AMENDMENT TO AGREEMENT FOR LEASE OF REAL ESTATE This AMENDMENT TO AGREEMENT FOR LEASE OF REAL ESTATE (the “Amendment”) is made this ___ day of _______________, 2018 (the “Effective Date”), by and between GEORGIA WASTE SYSTEMS, INC. (the “Landlord”) and AUGUSTA, GEORGIA (the “Tenant”). Tenant and Landlord are each individually also referred to as a “Party” and collectively, as the “Parties.” WITNESSETH: WHEREAS, Landlord and Tenant entered into that certain Agreement for Lease of Real Estate dated July 17, 2007 (the “Lease”) for the transfer station floor together with ingress and egress thereto, located at 3946 Goshen Boulevard, Augusta, Georgia (the “Premises”). WHEREAS, the Parties desire to amend the term, rent and other provisions of the Lease pursuant to the terms of this Amendment. NOW, THEREFORE, in consideration of the mutual covenants of Landlord and Tenant, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby covenant and agree as follows: 1. Capitalized terms not defined herein shall have the meaning ascribed to such term in the Lease. 2. PREMISES AND TERM, Section 1 of the Lease is hereby deleted in its entirety and replaced with the following: PREMISES AND TERM. Landlord, for and in consideration of the covenants and agreements herein contained on the part of the Tenant does demise and least to the Tenant the transfer station floor together with ingress and egress thereto, located at 3946 Goshen Boulevard, in Augusta, Georgia. The term of the Lease shall be extended for an additional one (1) year period commencing on January 1, 2019 and ending on December 31, 2019 (the “Extension Term”). Upon expiration of the Extension Term, this Lease shall automatically renew on a year to year basis (each, a “Renewal Term”), except that either Party may terminate the Lease by providing no less than ninety (90) days written notice to the other Party prior to the expiration of the Extension Term or then current Renewal Term, as applicable. 3. RENT AND SECURITY DEPOSIT, Section 2 of the Lease is hereby deleted in its entirety and replaced with the following: RENT. Commencing on January 1, 2019, Tenant hereby agrees to pay Landlord monthly rental payable in advance of SEVEN THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($7,500.00) on the first day of each month. 4. SURRENDER OF POSSESSION. Section 13 of the Lease is hereby amended in that “$1,000” is replaced with “$7,500.” 5. All other terms and conditions of the Lease that are not modified by this Amendment shall continue in full force and effect. [SIGNATURES ON THE FOLLOWING PAGE] Page 2 of 2 IN WITNESS WHEREOF, Tenant and Landlord have executed this Amendment as of the Effective Date. TENANT: LANDLORD: AUGUSTA, GEORGIA GEORGIA WASTE SYSTEMS, INC. By: By: Name: Hardie Davis, Jr. James A. Wilson, Vice President Title: Mayor Attest:________________________________ Lena J. Bonner, Clerk of Commission Engineering Services Committee Meeting 11/13/2018 1:20 PM Approve the Execution of the Amendment to the Lease with Georgia Waste Systems Department:Environmental Services Presenter:Lori Videtto Caption:Approve the Execution of the Amendment to the Lease with Georgia Waste Systems. Background:The Environmental Services Department entered into a Lease Agreement with Georgia Waste Systems in 2007 for the use of the property located at 3946 Goshen Industrial Blvd, that is owned by Georgia Waste Systems. The property contains a waste transfer station building that Augusta uses to transfer the recyclable materials that are collected from the residents, load them into Augusta tractor trailers, and haul the materials to the appropriate processing facility. This facility is uniquely constructed for this purpose, and fits the needs of Augusta's collection operation. Analysis:Georgia Waste Systems has proposed an amendment to the current lease, which involves a significant increase in the monthly rent payment for the use of the facility. The previous rent was $1000 per month, however, this has been raised to $7500 per month by the owner. Since this is a facility that Augusta is currently using, and there are no other facilities in Augusta with this same configuration, it is recommended at this time that the Amendment be executed and the lease be continued on a month-to-month basis while ESD pursues other options for this piece of the collection operations. The price increase goes into effect in January 2019. Financial Impact:Funding is programmed into the 2019 budget in the amount of $90,000 in account 542 04 4110 52-24111. Alternatives:1. Do not approve the amendment and force ESD to expend additional funds to quickly adjust the recycle operations and find an appropriate alternative location. 2. pursue purchase of the facility, however this may be outside of current budgetary limitation. 3. Approve the amendment and allow ESD the time to research, adjust, and properly procure an alternative solution. Recommendation:Approve the execution of the Amendment to the Lease. Funds are Available in the Following Accounts: Funding is programmed into the 2019 budget in the amount of $90,000 in account 542 04 4110 52-24111. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 11/13/2018 1:20 PM Approve the Inter-Governmental Agreement between Augusta and Burke County, Georgia for Disposal of Garbage at the Augusta Landfill Department:Environmental Services Presenter:Lori Videtto Caption:Approve the Inter-Governmental Agreement between Augusta and Burke County, Georgia for Disposal of Garbage at the Augusta Landfill. Background:Augusta has worked with neighboring communities for the disposal of their garbage at the Augusta landfill. Augusta is in a position to offer a competitive rate for the disposal portion and is now using the IGA to solidify the landfill pricing. This allows the other community to have a known, competitive price for the disposal of their garbage; and simply bid for the collection and transportation, ultimately simplifying their process and guaranteeing the garbage comes to the Augusta landfill. Analysis:The proposed IGA with Burke County is for disposal at a rate of $23.50 per ton until September 2023. This agreement has been executed by the Burke County Chairman; reviewed by the Augusta Law Department and approved by the Administrator. This item is requesting approval from the Commission and signature by the Mayor. Due to an error on the part of ESD, the Agreement was routed for signature prior to Commission approval. Financial Impact:For the month of October, approximately 1001 tons of garbage was hauled to the facility; generating approximately $24,000. Alternatives:1. do not approve the agreement, leaving the disposal of the garbage at the discretion of the hauling company or Burke County. 2. request the agreement be re-negotiated. Recommendation:Approve the execution of the agreement as written. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission STATE OF GEORGIA ) COUNTY OF RICHMOND ) ATLANTA GAS LIGHT GAS REGULATOR STATION ENCROACHMENT AGREEMENT THIS GAS REGULATOR AGREEMENT (this “Agreement”), made this _____ day of __________, 2018 by and ATLANTA GAS LIGHT (“Grantee”) and AUGUSTA-RICHMOND COUNTY, GEORGIA, a political subdivision of the State of Georgia (“Grantor”). WITNESSETH: WHEREAS, Grantor is the owner of certain real property located in Augusta, Georgia, hereof, is referenced as Parcel Number 025-2-124-01-0, a portion of which is depicted on Exhibit A attached hereto and incorporated herein by reference (the “City Property”); WHEREAS, Grantee is the owner of natural gas facility located near the City Property within the City right-of-way: WHEREAS, the Grantee’s has gas regulator facility to be located across 2706 Ingleside parcel that will encroach on the City Property approximately 1200 sq.ft as depicted on Exhibit A. WHEREAS, Grantee agrees to take all responsibility for the maintenance of the Gas Regulator Facility and will not relocate or expand the dimension of the encroached area. WHEREAS, Grantor has agreed to grant for the benefit of the Grantee Property gas regulator facility encroachment, together with a construction and maintenance right, over, under and across the portion of the City Property, as more fully set forth herein. NOW, THEREFORE, in consideration of Ten Dollars ($10.00) in hand paid, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant of Encroachment. Grantor hereby grants to Grantee, its successors and assigns, for the benefit of the Grantee’s Property, a non-exclusive, perpetual encroachment through the 1200 sq.ft area shown on the parcel T.M. 025-2-124-01-0 Encroachment Exhibit prepared by Jard D Black, PLS dated April 30, 2018 and attached hereto as Exhibits A and incorporated herein by reference (the “Encroachment Area”), for the purpose of constructing & maintain gas regulator station. 2. Relocation. This herein grant of encroachment is made with the stipulation by Grantor and Grantee that Grantor may require the relocation of the gas regulator facility or improvements authorized under this Agreement, if, in sole determination of Grantor, any future drainage, utilities or other improvements or maintenance activities are needed on or in Encroachment Area and / or this ROW for a public purpose. In any such event, the gas regulator or improvements will be relocated at Grantee’s sole expense and Grantor shall have no liability for the relocation of such gas regulator facility or improvements. 3. Release. The Grantee, his/her/its administrators, executors, successors, heirs and assigns hereby indemnifies and holds harmless the Grantor and its authorized agents and employees for any and all damages, accidents, casualties, occurrences or claims which may arise or be asserted against the City from the construction, presence, existence or maintenance of the gas regulator facility by the Grantee, except to the extent caused by the willful misconduct of the City or its authorized agents and employees. 4. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia 5. Binding Effect. The rights and obligations created herein shall run with title to City Property and shall be binding upon the Grantor, its successors and/or assigns, and shall inure to the benefit of Grantee, its successors and/or assigns. 6. Amendments. This Agreement, along with the exhibits attached hereto, may not be amended, waived or discharged, except by instrument in writing, executed by both Grantor and Grantee, or their respective successors, heirs or assigns, as applicable. [Signatures Follow on Next Page] IN WITNESS WHEREOF, Grantor and Grantee have executed and delivered this Agreement under seal as of the day and year first above written. GRANTOR: Signed, sealed and delivered in the presence of: Unofficial Witness Notary Public My Commission Expires: AUGUSTA-RICHMOND COUNTY, GEORGIA, a political subdivision of the State of Georgia By: Name: Hardie Davis, Jr. Title: Mayor Attest: By: Name: Title: Clerk of Commission ______ (Notarial Seal) GRANTEE: Signed, sealed and delivered in the presence of: Unofficial Witness Notary Public My Commission Expires: ATLANTA GAS LIGHT By: By: Name: Title: (Notarial Seal) N/F AUGUSTA, GEORGIA N/F RUFUS COPELAND N/FJEFFERY C. DELANEY N/F WILBER RITTER Engineering Services Committee Meeting 11/13/2018 1:20 PM Atlanta Gas Light Encroachment Agreement Berckmans Road Realignment and Widening Project Department:Engineering Presenter: Caption:Approve Atlanta Gas Light (AGL) Encroachment request to Place AGL Facility in Augusta, GA Parcel as part of Berckmans Road Realignment and Widening Project. Also authorized Augusta Engineering Department to process and sign all associated documents with consultation of Augusta Legal Counsel. Background:Berckmans Road Widening & Realignment is one (1) of fifty (50) City of Augusta, Georgia TIA (aka TSPLOST) projects. Project will be completed in two phases (Phase 1 and Phase 2). Project limits are Washington Road to Wheeler Road. Improvement includes; constructing, three lane roadway, with curb, gutter, storm conveyance system, sidewalks, underpasses, lighting and associated landscaping. Project phase 1 construction is completed and Phase II is under construction with utilities relocation in progress. Roadway improvements require relocation of Atlanta Gas Light facilities . Analysis:The Berckmans Road Widening & Realignment Phase II Project requires that Atlanta Gas Light relocate its Gas Control Station facility. In general such facility is relocated within roadway right-of-way (ROW). However, due to environmental constrains ROW width is too limited to accommodate placement of AGL regulator facility and the facility needs to be placed in adjacent parcel that is owned by Augusta, GA. Financial Impact:N/A Alternatives:1). Do not approve and provide alternate location for AGL Facility relocation Recommendation: Approve Atlanta Gas Light (AGL) Encroachment request to Place AGL Facility in Augusta, GA Parcel as part of Berckmans Road Realignment and Widening Project. Also authorized Augusta Engineering Department to process and sign all associated documents with consultation of Augusta Legal Counsel. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Invitation to Bid Sealed bids will be received at this office until Tuesday, September 18, 2018 @ 11:00 a.m. for furnishing: Bid Item #18-295 Fort Gordon Cyber CoE Campus Sanitary Sewer Extension Project #FG-2017-11- Task Order – for Augusta, GA - 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 $100.00. 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 Wednesday, August 22, 2018. 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. A Mandatory Pre Proposal Conference will be held on Wednesday, August 29, 2018 @ 3:00 p.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 Friday, August 31, 2018 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No proposal may be withdrawn for a period of sixty (60) days after RFPs have been opened, pending the execution of contract with the successful vendor. A 10% Bid Bond is required. 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 Mailed to Pre-Qualified Task Order Vendors August 22, 2018 Revised: 2/19/2016 OFFICIAL VENDORS Attachment "B"E-Verify SAVE Form Addendum 1 Bid Price Compliance Goal - 5% Blair Construction Co. P. O. Box 770 Evans, GA 30809 Yes 224004 Yes Yes $2,403,595.50 Yes Beam’s Contracting 15030 Atomic Road Beach Island, SC 29842 Yes 167300 Yes Yes $2,550,097.50 Yes Total Number Specifications Mailed Out: 2 Total Number Specifications Download (Demandstar): NA Total Electronic Notifications (Demandstar): NA Mandatory Pre-Bid Attendees: 2 Total packages submitted: 2 Total Noncompliant: 0 Bid Opening Bid Item #18-295 Fort Gordon CoE Campus Sanitary Sewer Extension Project #FG-2017-11 Task Order Program For Augusta, Georgia-Utilities Department Bid Date: Wednesday, September 26, 2018 @ 11:00 a.m. Page 1 of 1 Blair Construction Co. Inc. P. O. Box 770 Evans, GA 30809 Beam’s Contracting 15030 Atomic Road Beach Island, SC 29842 Tom Wiedmeier Utilities Department Stanley Aye Utilities Department Kelley Irving Compliance Steve Behrend Utilities Department Bid Item# 18-295 Fort Gordon Cyber CoE Campus Sanitary Sewer Extension Project #FG- 2017-11-Task Order 16-178 for Augusta Utilities Department Mailed Out Wed. 8/22/2018 Bid Item# 18-295 Fort Gordon Cyber CoE Campus Sanitary Sewer Extension Project #FG- 2017-11-Task Order for Augusta Utilities Department Bid Due: TUE. 09/11/18 @ 11:00 A.M. Engineering Services Committee Meeting 11/13/2018 1:20 PM Bid Item #18-295: Fort Gordon Cyber CoE Campus Sanitary Sewer Extension Department:Utilities Presenter: Caption:Consider award of Bid #18-295 to Blair Construction, Inc. to construct the Fort Gordon Cyber CoE Campus Sanitary Sewer Extension under the Task Order Program for Infrastructure RFQ #16-178 in the amount of $2,403,595.50. (Referred from November 6 Commission meeting) Background:Augusta Utilities Department (AUD) is the contracted water, sanitary sewer, and irrigation utility provider for Fort Gordon. As the Cyber Center of Excellence, Fort Gordon is undergoing a post-wide transformation with new construction and renovation programs. One impact of Fort Gordon’s growth is the increase in wastewater flow in the AUD managed sanitary sewer collection system. This project will construct 12,000 feet of 8” to 24” sanitary sewer to serve the new Cyber CoE Campus facilities with a new sanitary sewer trunk main from 8 th Avenue down off post to AUD’s system at Butler Creek. This trunk main will also accept flow from the planned Cross Basin Lift Station to re-route Fort Gordon wastewater flow from the Spirit Creek Basin to the Butler Creek Basin. Project construction needs to proceed to meet AUD contract schedule commitments with Fort Gordon. The project cost will be paid by Fort Gordon. Analysis:Blair Construction, Inc. submitted an acceptable bid package and was the lowest responsive bidder. The Utilities Department reviewed the bid and found it to be fair and reasonable. We recommend awarding this contract to Blair Construction, Inc.to construct the Fort Gordon Cyber CoE Campus Sanitary Sewer Extension. Financial Impact:Funding is available in the amount of $2,403,595.50 under account number 507043420-5425210 / 88880160-5425210. Alternatives:No alternatives are recommended. Recommendation:We recommend award of the contract to Blair Construction, Inc. in the amount of $2,403,595.50 to construct the Fort Gordon Cyber CoE Campus Sanitary Sewer Extension. Funds are Available in the Following Accounts: $2,403,595.50 from account 507043420-5425210 / 88880160- 5425210. REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 11/13/2018 1:20 PM Cutting of right-of-way with storm water fees Department: Presenter:Commissioner Marion Williams Caption:Discuss the cutting of right-of-way with storm water fees. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 11/13/2018 1:20 PM Goat Program Department: Presenter:Commissioner Marion Williams Caption:Update from staff regarding the city's goat program to clear/clean the city's detention ponds. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting Commission Chamber - 10l9l2}l} ATTENDAI\CE: Present: Hons. Fennoy, chairman; Hasan, vice chairman; Smith and Frantom, members. Absent: Hon. Hardy Davis, Jr., Mayor. ENGINEERING SERVICES 1. Motion to authorize condemnation to acquire title of a portion of property for ltem permanent easement and temporary construction easement (Parcel 166-0-023- Action: 03-0) 4252-D Windsor Spring Road. Approved 4_0. 2. Motion to authorize condemnation to acquire titte of a portion of property for Item permanent easement and temporary easement (Parcel 166-0-023-04-0) 4252-E Action: Windsor Spring Road. Approved Motions Motion Type Approve Motions Motion Type Approve Motion Text Made By Seconded By Motion toapprove. Commisioner Commissioner Motion Passes Sean Frantom Grady Smith Motion Text Made By Seconded By Motion toapprove. Commisioner Commissioner Motion Passes Sean Frantom Grady Smith 4-0. Motion Result Passes Motion Result Passes 3. Receive as information from AED the update on Stormwater Services for the year 2018 Quarter 1 (Jan. - Mar) and Quarter 2 (Apr - May). Motions Motion Motion Text'r'ype Motion to approve receiving this item as Approve information. Mr. Frantom out. Motion Passes 3-0. Made By Made By Seconded By Seconded By seconded By Motion Result Commissioner Commissioner Ben Hasan Grady Smith Passes Motion Result Item Action: Approved Item Action: Approved 4. Award Bid Item 18-197 for a Vibration Analysis Program in the amount of ltem $83,731 to Control Southern, Inc. Action: Approved Motion Passes 4-0. 5. Approve and receive as information the maintenance and monitoring services Item for the new Traffic Engineering ITS network in the amount of $75,000 funded Action: thru SPLOST VI. Also receive as information GTS Solutions providing the Approved required emergency services as determined by the Augusta Engineering Department (AED). Motions Motion Motion Textrype Motion to delete this Delete item from the agenda. Motions r#:'" Motion rext Made Bv Commisioner Commissioner Sean Frantom Grady Smith Passes Motion Result Motion to Approve ffi[":';asses !:#T[ffif 3:frI'#il' passes 4_0. 6. Motion to approve Engineering Services for ALID's Fort Gordon 15th Street Collector Sanitary Sewer Project to W.R. Toole Engineers, Inc. in the amount of $209,944.15. Motions Y::*1" Motion Text Made By seconded By Motion Type '''--- -" Result Motion to a .^.^-^_-^ approve. Commisioner CommissionerApprove Motion passes Sean Frantom Grady smith Passes 4-0. 7. Approve proposal from Goodwyn, Mills and Cawood, Inc. (GMC) to provide Item engineering services for Utilities Department's Fort Gordon Cross Basin Lift Action: Station and Force Main project in the amount of $344,000. Approved Motions Motion r - Motion- ----- Motion Text Made By Seconded By'I'YPe --- -" -------- -'' Result Motion to A .^.^..^--^ approve. Commisioner CommissionerApprove Motion passes Sean Frantom Grady Smith Passes 4_0. 8. Receive as information an update regarding the traffic issues along Gordon ltem Hwy. between Dyess Parkway and Robinson Avenue, including the Action: communities of Haynes Station, Sims Landing, and Willhaven Estates. Approved Motions Motion rr h Motioniil;- Motion Text Made By Seconded By i".ri," Motion to approve asking the Administrator to identifr a funding source for the study of the traffic rt^_ _--:--: Approve ffi:T;&'ii:;;;J ;:fffi;;f*' 3ffilXil.' passes recommendation. Mr. Frantom out. Motion Passes 3-0. 9. Consider approving the Deed of Dedication and Maintenance Agreement from Item KIR AugustalD44, LLC. Action: Approved Motions Motion Motion Text Made By Seconded By MotionType Result Motion to Approve ffiffi;asses s:#H"T,ffi 3:frI',#il.' passes 4_0. 10. Motion to approve the minutes of the Engineering Services Committee held Item on September 25,2018. Action: Approved Motions Motion Motion Text Made By seconded By Motion Type rrr's! sJ uuuuu..vu ,J Result Motion to Approve ffiffi:hasses s:#Tffifi 3:f;I'#iil" passes 4-0. 11. Approve the procurement of Chemical Feed Pumps for Hightand Avenue Item Water Treatment Plant to Tencarva in the amount of $51,845.00. Action: Approved Motions Motion Motion Text Made By seconded By Motion Type rYr.sv sJ ,wr''u'u'rr r-'J Result Motion to ^ approve. Commisioner CommissionerApprove Motion passes Sean Frantom Grady Smith Passes 4-0. 12. Approve entering into Memorandum of Understanding (MOU) with two (2) Item Educational Institutions (Savannah State University, GA and Augusta Action: University, GA), Nonprofit Organization (Phinizy Center) to assist in Approved activities that are designed for stream restoration in local waterbodies. Also authorized Mayor to sign MOU as requested by the Augusta Engineering Department. Motions Y:t1"' Motion Text Made By seconded By MotionrYPe - ---- -r Result Approve Motion to commisioner commissioner passes approve. Sean Frantom Grady Smith Motion Passes 4-0. 13. Approve the installation of thirteen streetlights on Copse Drive $85.00 per Item year. This is also to approve a new lighting tax district for the 50 lots Action: associated with the above road. Requested by AED (Traffic). Approved 14. Approve the installation of fourteen streetlights on Inverness Drive and Item Bellingham Drive $85.00 per year. This is also to approve a new lighting tax Action: district for the 53 lots associated with the above roads. Requested by AED Approved (Traffic). Motions f#:" Motion rext Made Bv Motion to ^ aDDrove.APProve rutotionpasses 4-0. Motions [,"J:"' Motion rext Made By Seconded By Motion Result Commisioner Commissioner Sean Frantom Grady Smith Passes seconded By Motion Result Motion to Approve ffiffi:hasses ff#T;f,ffi 3:*I',#il.' passes 4-0. 15. Authorize Addendum No I to CCI Contract Callers Inc. (CCD Master Item Professional Services Agreement with Augusta Utilities Department (AUD), Action:and approve Augusta Engineering Department (AED) entering into Approved Collection Services Agreement with the CCI for Stormwater Utility Fee delinquent accounts collection as requested by AED. Motions Motion - - ---- Motion Textrype Motion to approve. Approve ffi,,:T?T.T":* 3-0. Seconded By H:X|I Commissioner wittiam Fennoy Passes Made By Commissioner Ben Hasan 16. Motion to approve entering into a Construction Contract Agreement with the ltem Georgia Department of Transportation (GDOT) for the Wrightsboro Road Action: Improvements (Marks Church Rd. to Augusta West Pkwy) Project (PI Approved #015976) as requested by AED. Bid Item 18-127 Motions X:11"' Motion Text Made By seconded By Motion lype -'---- -" --------- -r Result Motion to Approve ffifiil"asses s:#Tl.,f,:T 3:ffi',#il.' passes 4-0. www.ausustasa.sov Engineering Services Committee Meeting 11/13/2018 1:20 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on October 9, 2018. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Page 1 of 4 Cavanaugh & Associates, P.A. appreciates the opportunity to provide Expert Non-Revenue Water Services for the project as referenced below: Re: Augusta Utilities Non-Revenue Water – 2018/19 Program Review & Analysis THIS AGREEMENT, made and entered into this day of , 2018, by and between Cavanaugh & Associates, P.A., their successors or assigns, (hereinafter called “ENGINEER,” and Augusta Utilities (AU), their successors or assigns, (hereinafter called “CLIENT”). Neither ENGINEER nor CLIENT shall assign this agreement without the prior written consent of the other. Scope of Services: Part 1: Supply Meter Accuracy Testing & Supply Data Analysis The last round of independent testing conducted was in 2015. Five of the 10 finished-water meters were included in that testing, representing approximately 60% of total system input. Of the five meters tested, two test locations did not produce reliable results, and it was recommended to investigate new test locations. Testing for this round is proposed to include the same five meters with their existing test locations. If any of the test locations again yield unreliable results, Cavanaugh will provide specific recommendation for alternative test location and/or test methods. Test methods to be utilized will include a combination of insertion probe and volumetric displacement. AUD’s existing ultrasonic meter may be deployed in tandem, if desired, and we will include that data in parallel with our analysis for reference. Query & compilation of raw SCADA production data to be performed for all 10 finished-water meters. Analysis to be performed for data gaps and anomalies as integrity check for production data recording & archival processes. Part 2: Billing Data Analytics for Level 2 Validation of Billed & Unbilled Consumption Export of raw billing data at account level, to validate integrity of both 1) the database itself, and 2) the query process that is utilized to provide the monthly and annual consumption volumes. Analytics will include eight (8) integrity checks, as follows: 1. Count of Accounts per Bill Cycle – A review of the total number of records for each month/bill cycle to be conducted. This review provides insight into the completeness of the export as well as identifies any potential issues related to missed billing of existing customers. 2. Verification of Exclusion of Non-Potable Volumes – A utility’s billing software is often used to store and bill volumes other than the potable volumes used in the water audit. These volumes are often designated through a rate schedule, customer classification or other identifier. In this review, any unique identifiers presented in the raw data are used to confirm that only potable volumes were used in the water audit. 3. Duplicate Records – Prior to review of the exported account level data, a check for duplicate records is performed. Often, the export will contain duplicate records where volumes are duplicated in multiple rows of data. Page 2 of 4 4. Negative Consumption – Negative consumption within the database can be indicative of a data archival issue. Many billing softwares maintain a separate database that stores the original, uncorrected readings and usage from the adjusted database where adjustments and corrections are archived. Other negative consumptions are legitimate as a utility may use to correct an incorrect reading or overestimate in a previous period. 5. Monthly Consumption Outliers (High/Low) – A review of each account’s monthly consumption pattern to be conducted and outliers to be flagged. Many outliers may be legitimate, but should be examined by the utility. Higher consumption is to be expected in the summer months and thus the filters used to determine high volume outliers are less restrictive during those time periods. 6. Active Accounts with Zero Consumption for the Audit Period – An account in the database that is active, but has zero consumption for the entire audit period could be indicative of a meter issue or an account that is not active. 7. Consecutive Months of Zero Consumption – Like active accounts with zero consumption, this review identifies accounts with multiple, consecutive months with zero consumption which could be indicative of a meter or data handling issue on the account. 8. Verification of the Summary Volume – Most utilities utilize a summary report to record and track volumes monthly. For this review, the account level raw data is summed to compare to the summary report volumes to assure the summary report is sufficient for monthly tracking. Additionally, a lag time analysis will be conducted to correct for inherent lag between timestamp of supply and customer meter readings. Integrity analysis to be summarized with flags, conclusions and recommendations in a Technical Memo. Part 3: Independent Practices Review Meet with key personnel in pertinent departmental areas to evaluate current processes related to operational and data collection practices. Interviews to include: Supply & Distribution Customer Meter Reading Customer Meter Testing & Maintenance Billing & Customer Service Financial/Management Engineering/IT/GIS The purpose of the meetings and interviews will be to assess the integrity of data collection relative to the water audit, and water loss control activities relative to best-practices in the AWWA M36 Methodology. Interviews and information gathered will be compiled into a practices summary. Short- and medium- term program recommendations for data improvement, water loss reduction and revenue recovery activities will be developed. Practices summary and program recommendations will be provided in a Technical Memo. The above scope does not include: Any other service not specifically described in the above scope of services. Page 3 of 4 CLIENT’S Responsibilities: 1. Single Representative: The CLIENT shall designate a single representative with respect to the services to be rendered under this Agreement who shall act on behalf of the CLIENT and issue instructions to the ENGINEER. 2. Criteria and Information: The CLIENT shall provide all criteria and full information as to its requirements for the Project, including objectives, constraints, projected demands and service areas, and performance requirements. 3. Access: The CLIENT shall arrange access for the ENGINEER to all public and private properties where such access is required for the performance of services under this Agreement. 4. Reviews: The CLIENT shall examine all work products presented by the ENGINEER and shall render decisions pertaining thereto within a reasonable time as not to delay the services of the ENGINEER. 5. Regulatory Fees: The CLIENT shall furnish all required fees for regulatory approval of the project. Hidden Conditions A condition is hidden if concealed by existing finishes or is not capable of investigation by reasonable visual observation. If the ENGINEER has reason to believe that such a condition may exist, the CLIENT shall authorize and pay all cost associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If (1) the CLIENT fails to authorize such investigation or correction after due notification, or (2) the ENGINEER has no reason to believe that such a condition exists, the CLIENT is responsible for all risks associated with this condition, and the ENGINEER shall not be responsible for the existing condition nor any resulting damages to persons or property. Fee Arrangement The fee for the Engineering Services described in the above scope will be compensated as follows: Part 1 – Supply Meter Accuracy Testing & Supply Data Analysis …………………………………………………$17,500.00 Part 2 – Billing Data Analytics for Level 2 Validation of Billed & Unbilled Consumption ………………$30,000.00 Part 3 – Independent Practice Review……………………………………………………… ………………………………..$20,000.00 Total ……………………………$67,500.00 Additional Services Cavanaugh & Associates, P.A. can provide services that are required in addition to those being provided and outlined in this proposal at hourly rates. If additional services are required, the rates for those additional services will be negotiated or we can provide an additional proposal in lieu of using hourly rates. Billing/Payment All invoices are due upon receipt. Interest will be due at 1 1/2% per month on outstanding invoices in excess of 30 days. If payment is not made by the stated date on the invoice, Cavanaugh & Associates, P. Page 4 of 4 A.may exercise the right to terminate the performance of services without further obligation to the Client. Payment will still be due for services completed to the time this option is exercised. In the event that any portion or all of an account remains unpaid for 90 days after billing, the Client shall pay the cost of collection, including attorney’s fees. Professional Liability ENGINEER maintains professional liability coverage for damages as a result of our negligent acts, errors, or omissions. Our liability for this project will be limited to $67,500.00. Upon request, a certificate of insurance can be provided as proof of coverage. Termination of Services Either party may terminate this agreement upon 10 days written notice should the other fail to perform his/her obligations. In the event of termination, the Client shall pay the ENGINEER for all services, rendered to the date of termination. Period of Service If the ENGINEER is delayed by circumstances outside of his control, then the ENGINEER shall promptly notify the CLIENT in writing citing such delay. If the delay will cause a monetary impact to the ENGINEER, then the ENGINEER shall notify the CLIENT in writing of such projected costs. Acceptance This Agreement represents the entire and integrated Agreement between CLIENT and ENGINEER. It supersedes all prior and contemporaneous communications, representations, and agreements, whether oral or written, relating to the subject matter of this Agreement. Any alteration made to this Agreement by either party will render the Agreement null and void. If this Agreement meets with your approval, please sign and return both copies to our office to serve as our contractual agreement and authorization to proceed. We will execute and return one copy to you. We look forward to working with you on this project. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers in duplicate originals, the day and year first above written. Cavanaugh & Associates, P.A. Augusta Utilities Will Jernigan, PE Date Date Vice President, Director of Water Efficiency Witnessed By: Date Witnessed By: Date 9/14/18 9/14/18 Engineering Services Committee Meeting 11/13/2018 1:20 PM Utilities Department Water Loss Program and Audit Review and Analysis Department:Utilities Presenter: Caption:Motion to approve contracting with Cavanaugh & Associates, P.A. to provide Professional Services consulting engineering services for the Utilities Department’s Water Loss Program and Audit. Background:PROFESSIONAL SERVICES: The Georgia Water Conservation Act requires that public water systems conduct water loss audits and implement water efficiency and loss detection programs beginning in 2012. Accordingly, Augusta Utilities conducts a Water Loss Program and submits an annual Water Audit to the Georgia Environmental Protection Division (EPD). Cavanaugh & Associates, P.A. is a respected state and national subject matter expert with extensive experience in developing programs to address non-revenue water for water utilities. Cavanuagh is a member of the Georgia Water Loss Control Committee, which produced EPD’s Georgia Water System Audits and Water Loss Control Manual. Cavanaugh also contributed to AWWA Manual M36 Water Audits and Lost Control Programs as a Technical Review Board Member and a Contributor to the 4th Edition. Analysis:Augusta Utilities proposes to utilize Cavanaugh’s expertise and experience to perform third party testing, review and analysis to improve our audit reporting and program processes. Financial Impact:$67,500.00 funding is available from the following accounts: 506043110-5212999. Alternatives:No alternatives are recommended. Recommendation:Recommend approval to contract with Cavanaugh & Associates, P.A. to provide consulting engineering services for the Utilities Department’s Water Loss Program and Audit for a fee of $67,500.00. Funds are Available in the Following Accounts: Funds are available in the following accounts: 506043110- 5212999. REVIEWED AND APPROVED BY: