The URL can be used to link to this page

Home My WebLink About2019-03-12 Meeting Minutes Engineering Services Committee Meeting Commission Chamber - 3/12/2019 ATTENDANCE: Present: Hons. M. Williams, Chairman; Hasan, Vice Chairman; Garrett and Frantom, members. ENGINEERING SERVICES 1. Approve the Amendment to the Landfill Gas Sales Agreement with Covia Holdings Corporation. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Brandon Garrett Passes 2. Approve the Changes to Section 4-2-6 - Fees, and Waive the Second Reading. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Brandon Garrett Passes 3. Approve the Environmental Services Department - Augusta Landfill to Offer Reduced Rate Disposal Day. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Brandon Garrett Passes 4. Approve the Landfill Disposal Agreement with Inland Waste Solutions and approve the execution of the Agreement by the Mayor. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Brandon Garrett Passes 5. Receive update regarding Bussey Road Right-of -Way Acquisition. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 6. Approve execution of Contract Item Utility Agreement to include Augusta Utilities Department’s water and sanitary sewer relocations in the Georgia Department of Transportation contract, through competitive bidding, for GDOT Project PI 220680 SR4/15th Street Widening – Milledgeville to Government Road. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner Ben Hasan Commisioner Sean Frantom Passes Motion Passes 4-0. 7. Motion to approve the minutes of the Engineering Services Committee held on February 26, 2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 8. Designation of private parking on public parking facilities. (Requested by Commissioner Marion Williams) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commissioner Brandon Garrett Commisioner Sean Frantom Passes 9. Update from the Environmental Services Department regarding Recycling and the status of the Allied Energy Waste Reclamation Facility Development. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 10. Approve Budget Increase of $1,000,000 for the Sanitary Sewer Connection Program - RFQ 16-205 awarded to Southern Services and Universal Plumbing. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 11. Discuss the railroad crossing at 6th Street. (Requested by Commissioner Marion Williams - referred from March 5 Commission meeting) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve tasking the Administrator with setting up a meeting with Norfolk Southern Railroad and bring a report back to the Commission in 30 days. Mr. Hasan out. Motion Passes 3-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes 12. Update from the Engineering Department staff regarding Kratha Drive's sidewalks in front of Wilkinson Gardens Elementary School. (No recommendation from Engineering Services Committee February 26, 2019 - referred from March 5 Commission meeting) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Mr. Hasan out. Motion Passes 3-0. Commisioner Sean Frantom Commissioner Brandon Garrett Passes www.augustaga.gov Engineering Services Committee Meeting 3/12/2019 1:10 PM Attendance 3/12/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Page 1 of 2 AMENDMENT TO LANDFILL GAS PURCHASE AND SALE AGREEMENT This AMENDMENT TO LANDFILL GAS PURCHASE AND SALE AGREEMENT (the “Amendment”) is made this ___ day of _______________, 2019 (the “Effective Date”), by and between COVIA HOLDINGS CORPORATION (the “Buyer”) and AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (the “Seller”). Buyer and Seller are each individually also referred to as a “Party” and collectively, as the “Parties.” WITNESSETH: WHEREAS, Buyer and Seller entered into that certain Landfill Gas Purchase and Sale Agreement dated December 28, 2018 (the “Agreement”) for the sale and purchase of landfill gas produced at Seller’s Municipal Solid Waste Landfill in Blythe, Georgia (the “Disposal Facility”). WHEREAS, the Parties desire to amend the Agreement by modifying the established point of delivery clause, adding an indemnification clause, and adding an access to records clause. NOW, THEREFORE, in consideration of the mutual covenants of Buyer and Seller, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby covenant and agree as follows: 1. Section 1.19 shall be deleted in its entirety and replaced with the following: 1.19 Point of Delivery – means the point on the pipeline at which the meter that measures the volume of gas delivered to the Buyer is located. This location may be modified by mutual agreement of Buyer and Seller. 2. Section 5.6 is hereby added to the Agreement and shall read as follows: 5.6 Hold Harmless. Seller represents and warrants to Buyer that it has the full and unqualified title and/or authority to see all gas delivered hereunder; such gas is free from all adverse liens and adverse claims attached prior to its delivery to Buyer or Buyer’s account at the Point of Delivery; and Seller shall, if notified by Buyer, hold Buyer harmless from and against all claims, suits, actions, damages, losses, costs and expenses of every kind and character arising from each and every claim and an and all persons against such gas prior to its delivery to Buyer at the Point of Delivery. Seller further warrants that it is a self-insured governmental entity, and any such claims related to the performance of the Agreement shall be remedied in accordance with Seller’s self-insurance processes and procedures. 3. Section 5.7 is hereby added to the Agreement and shall read as follows: 5.7 Records Inspection. Buyer shall have the right at all reasonable times to examine the books and records of the Seller to extent necessary to verify the Page 2 of 2 accuracy of any statement, charge, computation or demand made under or pursuant to this Agreement. 4. All other terms and conditions of the Agreement that are not modified by this Amendment shall continue in full force and effect. IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment as of the Effective Date. SELLER: BUYER: AUGUSTA, GEORGIA COVIA HOLDINGS CORPORATION By: By: Name: Hardie Davis, Jr. Name: _____________________ Title: Mayor Title: ________________________ Attest:________________________________ Lena J. Bonner, Clerk of Commission 1 Deans Bridge Road Municipal Solid Waste Landfill Facility Landfill Gas Purchase and Sale Agreement 1 DEANS BRIDGE ROAD MUNICIPAL SOLID WASTE LANDFILL LANDFILL GAS PURCHASE AND SALE AGREEMENT This Landfill Gas Sales Agreement ("Agreement") is made and entered into this__ day of _______________, 2018, by and between Augusta, Georgia, a political division of the State of Georgia, hereinafter "Seller" and Covia Holdings Corporation, hereinafter "Buyer''. WHEREAS, Seller owns and operates the Deans Bridge Road Municipal Solid Waste Landfill, hereinafter "Disposal Facility,'' located in Blythe, Georgia; and WHEREAS, Buyer owns and operates a mining and minerals processing facility in Hephzibah, Georgia, hereinafter the "Processing Facility" that has equipment that utilizes Landfill Gas; and WHEREAS, the Disposal Facility produces Landfill Gas, as hereinafter defined, from the decomposition of solid waste brought to the Disposal Facility for disposal; and WHEREAS, Seller desires to sell and deliver the Landfill Gas to Buyer's Processing Site and to maintain a pipeline to the Point of Delivery for that purpose; and WHEREAS, Buyer desires to purchase from Seller Landfill Gas produced at the Disposal Facility during the term of this Agreement; and NOW, THEREFORE, and based upon the mutual agreements and covenants herein after set forth, the parties do hereby agree as follows: 2 ARTICLE 1 – DEFINITIONS Unless otherwise required by the context in which any defined term appears, the following terms shall have the meaning assigned to them in this Article for all purposes including the recitals: 1.1 Average Methane Content – means the monthly numerical average of methane contained in Landfill Gas delivered to the Point of Delivery. 1.2 Avoided Gas Cost – means the avoided cost of natural gas purchased for the Buyer's Processing Facility. 1.3 BTU means British Thermal Units or the amount of heat required to raise the temperature of one pound of water one (1) degree Fahrenheit at sixty (60) degrees Fahrenheit and MMBTU means one million (1,000,000) BTU. 1.4 Buyer's Equipment has the meaning set forth in Section 2.2 of this Agreement. 1.5 Effective Date - means the date defined in Section 5.1 herein below 1.6 Environmental Attributes means any and all credits, benefits, emissions reductions, environmental air quality credits, emission reduction credits, renewable energy credits, renewable energy certificates, offsets, and allowances attributable to the generation, destruction, purchase, sale, or use of LFG from the Landfill, including, but not limited to, tags, certificates, credits, allowances, offsets, and similar products or rights attributable to the generation, destruction, purchase, sale, or use of LFG from the Landfill that can be used to claim responsibility for, ownership of, or any avoidance or reduction of emissions or pollutants, including, but not limited to, carbon dioxide, mercury, nitrogen oxide, sulfur oxide, carbon monoxide, particulate matter or similar pollutants or contaminants of air, water or soil, under any governmental, regulatory or voluntary program, including the United Nations Framework Convention on Climate Change and related Kyoto Protocol or other program. 1.7 Facility Flow Meter - means the Landfill Gas flow meter installed by Seller before, the Point of Delivery which will used to measure the quantity of LFG purchased by Buyer under this Agreement. The Facility Flow Meter will be used to measure only the gas delivered to the Buyer for processing. 1.8 Force Majeure means acts of God, fires, storms, lightning, floods, hurricanes, high water washouts, earthquakes, landslides, explosions, war, blockade, public disorder, acts of the public enemy, insurrections, riots, epidemics, accidents, casualty, labor disturbances, arrests and restraints of governments and people, catastrophic events such as explosions, breakage or accident to equipment caused by an event of Force Majeure, or any other event of similar cause not reasonably within the control of the affected Party and which, by the exercise of reasonable diligence, such Party is unable to prevent or overcome. Force Majeure shall not 3 include the unavailability of or delays in delivery of any product, labor, fuel, service or materials unless caused by an event that would otherwise be defined herein as an event of Force Majeure. Force Majeure shall in no event include (a) any change in the economy or in the markets, pricing or demand for products manufactured at the facility or for recycled materials, processed or unprocessed, that affects Buyer's ability to use municipal solid waste, processed or unprocessed, or any component or product thereof, or the price at which recovered materials can be sold, or (b) increases in the cost of constructing or operating Buyer's Equipment. 1.9 Gas Collection System - shall mean the network of Landfill Gas collection headers, interconnecting pipes, valves, monitoring and measuring equipment, filters, coolers, vacuum pumps, flares, blowers, and other equipment currently installed or to be installed at the Disposal Facility and used in the extraction, collection, production, or transporting of Landfill Gas up to the Point of Delivery. 1.10 Good Engineering Practice shall mean any practices, methods, or acts which, in the exercise of reasonable judgment in light of the facts known would have been expected to accomplish the desired result in a manner consistent with reliability, safety, project economics, and applicable laws and regulations for similar projects in the State of Georgia. This term is not intended to be limited to one practice or method to the exclusion of all others. 1.11 Governmental Authority means any federal, state, regional, city or local government, any political subdivision thereof, or any other governmental, quasi-governmental, judicial, public or statutory instrumentality, authority, body, agency, commission, administration, bureau, department, board, bureau, court or other entity. 1.12 Hazardous Materials means all materials which have been determined to be hazardous to health or the environment by virtue of being defined by the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, regulated by the Toxic Substances Control Act, the Federal Insecticide, Fungicide and Rodenticide Act, or regulated by any other applicable federal, state, or local law. Reference to specific statutes includes amendments as they are made from time to time, as well as the regulations promulgated there under. 1.13 Inflationary Index means the Consumer Price Index for All Urban Consumers ("CPl-U"), Atlanta, Georgia - Atlanta, Georgia, All Items published by the United States Department of Labor, Bureau of Labor Statistics ("BLS"), or its successor. 1.14 Landfill shall mean the Deans Bridge Road Municipal Solid Waste Landfill located in Blythe, Georgia. 1.15 Landfill Gas or LFG means any and all gases resulting from the anaerobic decomposition of refuse material within the Landfill disposal cells, consisting principally of methane, carbon 4 dioxide, and other constituent gases. 1.16 Legal Requirements means any applicable law, order, codes, writ, decree, judgment, requirement, guideline, action, permit, ordinance, rule and regulation of any Governmental Authority whether existing as of the Effective Date of this Agreement or subsequently amended, enacted or promulgated hereafter. 1.17 Maximum Consumption - means that quantity of LFG that is greatest volume useable by Buyers equipment located at the Processing Site in a month. Said term shall not be construed as a guarantee of consumption at any time during the term or renewal term of this Agreement. 1.18 Permit(s) means all actions, reviews, approvals, consents, waivers, exemptions, variances, franchises, orders, permits, authorizations, rights, licenses, filings, zoning changes or variances, and entitlements of whatever kind and however described which are required under applicable law to be obtained or maintained by any person with respect to the activities contemplated herein. 1.19 Point of Delivery – means the point at which the Sellers gas transmission pipeline enters the Buyers property, which also shall mark the change of pipeline and LFG ownership from Seller to Buyer. 1.20 Processing Site – means the Covia Corporation facility located at 1 Albion Road in Hephzibah, Georgia. 1.21 Processing System - means all piping, valves, pumps, monitoring devices, compressors, scrubbing units, engines, generators and related equipment installed on the Processing Site utilized by Buyer to process the Landfill Gas. 1.22 Scheduled Interruptions means an interruption resulting when all or a portion of the respective systems owned by either Buyer or Seller is deliberately taken out of service at a selected time for purposes of maintenance, repair or construction. 1.23 Unscheduled Interruptions means an interruption resulting when all or a portion of the respective systems owned by either Buyer or Seller is taken out of service at an unexpected time due to an outage caused by utility outages, equipment failure, human error or other unexpected condition. ARTICLE 2 - CONSTRUCTION OF NEW FACILITIES 2.1 Seller's Equipment. Seller shall be solely responsible and liable for designing, constructing, operating, maintaining, and repairing the Gas Collection System and for the pipeline necessary to deliver LFG to the Processing Site. Seller shall be responsible for obtaining all 5 permits relating to the construction and operation of the Gas Collection System. 2.2 Buyer's Equipment. Buyer shall be solely responsible and liable for designing, constructing, operating, maintaining, and repairing any and all equipment and facilities necessary to utilize the landfill gas at the Processing Facility. Buyer shall be responsible for obtaining all Permits relating to the construction and operation of Buyer's Equipment, including, without limitation, any easements and rights-of-way. Buyer shall indemnify and hold Seller harmless from and against any and all claims, actions, losses, damages, and expenses relating to or arising from Buyer's ownership, use, operation, repair, and/or maintenance of Buyer's Equipment. 2.3 Mutual Support. Each Party shall exercise reasonable efforts to support and assist the other Party in the acquisition of all permits and authorizations and in fulfilling the obligations described above. Such support shall include participating in regulatory proceedings and providing information concerning each Party’s operations. ARTICLE 3 – SALE AND PURCHASE OF LANDFILL GAS 3.1 Delivery and Purchase Obligation. Seller shall deliver and sell to Buyer and Buyer shall accept and purchase the LFG under the terms and conditions set forth in this Agreement. Buyer agrees to purchase gas delivered to the Point of Delivery as measured by the Seller’s Flow Meter. 3.2 Seller's Right to Additional LFG. When and if additional LFG becomes available at the Disposal Facility in sufficient quantities to fuel other projects, the parties agree that Seller shall have the right to the excess gas. 3.3 Quantity in Excess of the Buyer's Ability to Use. Any LFG produced by the Seller in excess of the Buyer's Ability to Use will be made available for purchase by Buyer, but Buyer shall not be required to purchase LFG. Buyer shall notify Seller by January 1st of each year (the "Notice Date") of this agreement of the Maximum Consumption of gas that it intends to buy for the coming year. Once notice is given as set forth above, the election shall be binding upon both Buyer and Seller. 3.4 Use of LFG Not Taken. Seller shall be free to utilize, dispose of, or sell to a third party all LFG tendered to Buyer under Section 3.2 but not purchased by Buyer for any reason beyond the Maximum Consumption by Buyer reserved pursuant to Section 3.3. Seller shall not commit to any contract to any third party such that Buyer would not be supplied with enough LFG to meet its Maximum Consumption. Should Seller enter in to a contract with a third party, the volume of gas under contract with a third party shall not be offered to Buyer until such time as the contract is up for renewal or expiration at which time Buyer shall have first right of refusal for the additional gas before any other third party has a right to purchase LFG. Under no circumstance shall a third party contract be allowed a quantity of gas such that the Maximum 6 Consumption provided in Section 3.3 to Buyer is compromised. Seller notes that the quantity of LFG output over time probably declines unless gas from additional phases of the Landfill is added to present LFG output. Seller will take such decline in output into consideration when entering into third party contracts to ensure Buyer's Maximum Consumption quantity is protected. 3.5 Quantity and Quality of Landfill Gas. Buyer understands and acknowledges that, due to the unpredictable nature of LFG production and collection operations, actual delivery rates, quality and pressure will vary and there may be rapid or instantaneous material charges in the rate of flow and pressure of delivery. Buyer further understands and acknowledges that Seller is not providing any guarantees, warranties, or representations as to the quality or quantity of LFG to be delivered to Buyer. Seller shall operate the Disposal Facility and Seller's Equipment in a prudent and efficient manner in order to use its best efforts to provide Buyer with the LFG available from the Disposal Facility while maintaining compliance with Disposal Facility environmental compliance requirements of law, permit or regulation. 3.6 Combustion of LFG Not Utilized by Buyer. Notwithstanding anything to the contrary set forth in this Agreement, in the event Buyer fails to take the LFG that Seller delivers to the Point of Delivery on any given day, Seller may divert, sell to a third party or flare all such LFG subject to the limitations in Section 3.4 above. 3.7 Operating Standard. Seller shall install, operate, and maintain Seller's Equipment in accordance with Good Engineering Practice. Seller shall have no obligation to compensate Buyer for a reduction in the amount of LFG resulting from the aging of the Disposal Facility, compliance with environmental regulations (except in the event of a Change In Law), or any other reason. Buyer shall install, operate, and maintain Buyer's Equipment in accordance with Good Engineering Practice. 3.8 Priority of Disposal Facility Operations. Buyer acknowledges and agrees that the primary use of the Disposal Facility is as a municipal solid waste landfill, and that the LFG shall be limited to production from the Disposal Facility. Notwithstanding anything to the contrary set forth in this Agreement, at all times during the Term hereof, Seller shall have the right to operate the Disposal Facility, and to take all actions at its own cost and expense that Seller deems in good faith necessary or appropriate in connection with the operation and maintenance of the Disposal Facility including actions to comply with any Legal Requirements. 3.9 Price. The price of LFG purchased by Buyer for the Term of this Agreement as specified in Section 5.1 shall be at a price equal to a percentage of the avoided cost of natural gas purchased for the Buyer’s Processing Site. The value used as the avoided cost of natural gas shall be based on the weighted-average cost at which the Buyer purchased natural gas for the Processing Site during the previous month as reported to Seller by the Buyer. Seller shall have the right to review and audit any records pertaining to the determination of the avoided cost of natural gas. The avoided cost of natural gas for the previous month shall be used for all 7 payments during the month as set forth in the following: an amount to eighty percent (80.00 %) of the Avoided Gas Cost for the first eight-thousand- five-hundred (8,500) MCF of Landfill Gas in the month; sixty five percent (65%) of the Avoided Gas Cost for the next six -thousand- five-hundred (6,500) MCF of Landfill Gas in the month; and fifty percent (50%) of the Avoided Gas Cost for the gas in excess of fifteen thousand (15,000) MCF of Landfill Gas in the month. Avoided Gas Costs for the year 2017 are shown in Exhibit A. 3.10 Invoices, Payment. Seller shall electronically record the total monthly LFG flow for each monthly period from the Facility Flow Meter. Seller shall prepare and send to Buyer by the tenth (10th) day of each month an invoice which shall be accompanied by a report showing amounts for monthly LFG volume, Average Methane Content, and calculated monthly costs. Buyer shall remit payment to Seller within thirty (30) days following receipt of Seller's invoices, which payment date shall be identified on Seller's invoices. A sample bill is shown in Exhibit B. 3.11 Average Methane Content Determination. Average Methane Content of Landfill Gas may be determined by a continuous monitoring instrument or handheld instrument. If determined by a handheld instrument, a minimum of four (4) discrete measurements per calendar month are required to calculate a valid average. If the minimum number of measurements is not available, the average of the three previous valid monthly Average Methane Content will be used. 3.12 Meter Tests. Seller shall maintain the Facility Flow Meter used to measure the LFG in good condition and repair, and shall have the Facility Flow Meter inspected periodically by a reputable third party, but at least once each year. Copies of the inspection reports shall be made available to Buyer upon request. Buyer may install and maintain a Buyer's Flow Meter at or after the Point of Delivery. The Buyer's Flow Meter shall be maintained for and by the Buyer and will be used to measure LFG flows to Buyer's Equipment for purposes of determining monthly payments as provided in Section 3.14. 3.13 Meter Out of Service. If for any reason, the Facility Flow Meter is out of service or out of repair so that the amount of LFG delivered and used by Buyer cannot be ascertained or determined from its readings, the volume content of LFG delivered to Buyer during such period when the Facility Flow Meter is out of service shall be determined by readings from Buyer's flow meter. Buyer's flow meter shall be inspected at least once per year by a reputable third party. Buyer shall supply copies of inspection reports to Seller upon request. If the Buyer's flow meter is out of service during the same period of time Seller's flow meter is out of service, the quantity of methane Buyer shall be billed for shall be determined by averaging the quantity of methane used by Buyer in each of the prior three months. 3.14 Errors in Billing. Should either party find at any time within one (1) year after the elate of any invoice rendered by Seller that there has been an undercharge or an overcharge in the amount billed in the invoice, the party finding the error shall promptly notify the other party in writing. In the case of an undercharge, Seller shall submit a statement for such undercharge with no 8 interest included, and Buyer, upon verifying the same, shall pay such an amount within thirty (30) days after receipt of the statement. In the case of an overcharge, Seller, upon verifying the same, shall refund the amount of the overcharge to Buyer within thirty (30) clays of notification by Buyer, but without interest. Neither Seller nor Buyer shall have any liability for any undercharge or overcharge relating to invoices over one year old. 3.15 Buyer Shall Not Sell the LFG. Notwithstanding anything to the contrary set forth in this Agreement, Buyer agrees and covenants that it shall not sell, redirect, redeliver, transport or market the LFG, or any portion thereof to any third party. Moreover, and without limiting the generality of the foregoing, Buyer represents and warrants that it shall use the LFG only at the Processing Site. ARTICLE 4 – RESERVED ARTICLE 5 -- TERM, TERMINATION, AND DEFAULTS 5.1 Term. Subject to the other provisions contained herein, this Agreement shall become effective on the date of execution and shall continue in effect for a period of five (5) years beginning on the date of execution. No later than twelve (12) months prior to expiration of this Agreement, Buyer can give written notice to Seller that it wishes to extend the term of this Agreement for additional five (5) year term beyond the initial five (5) year term. Any extension to the initial term or additional terms shall be by mutual agreement between both Seller and the Buyer. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by OCGA Sect. 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of ths Agreement; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, unless extended by written amendment. 5.2 Seller's Right to Terminate. Seller shall have the right to terminate this Agreement by written notice to Buyer submitted not later than thirty (30) days following the occurrence of any of the following : (a) Should Buyer fail to make any payment required under this Agreement within thirty (30) Days after receipt of a written notice from Seller to Buyer that such payment is at least ten (10) days overdue. (b) Should Buyer commit a material breach of this Agreement and such breach remains uncured for thirty (30) days following written notice of such breach from Seller. (c) Should Buyer fail to perform its obligations under this Agreement due to an event of Force Majeure that lasts longer than six (6) months. 9 (d) Should any involuntary proceeding be initiated against Buyer under the bankruptcy or insolvency laws, which involuntary proceeding remains undismissed for thirty (30) consecutive days, or in the event of the initiation by Buyer of a voluntary proceeding under the bankruptcy or insolvency laws. (e) Notwithstanding anything set forth in this Agreement to the contrary, Seller's right to terminate pursuant to the terms of this Section 5.2 shall be in addition to any other damages that Seller is entitled to under this Agreement and is not an express limitation of damages related to Buyer's default or failure to perform its obligations under this Agreement. (f) Termination for Conveneince. Seller may terminate this Agreement at its convenience without cause by providing Buyer with one hundred eighty (180) days written notice. 5.3 Buyer's Right to Terminate. Buyer shall have the right to terminate this Agreement by written notice to Seller, submitted no later than thirty (30) days following the occurrence of the following: (a) Should Seller commit a material breach of this Agreement and such breach remains uncured for thirty (30) days following written notice of such breach from Buyer. (b) Should Seller fail to perform its obligations under this Agreement due to an event of Force Majeure that lasts longer than six (6) months. (c) Should any involuntary proceeding be initiated against Seller under the bankruptcy or insolvency laws, which involuntary proceeding remains undismissed for thirty (30) consecutive days, or in the event of the initiation by Seller of a voluntary proceeding under the bankruptcy or insolvency laws. 5.4 Buyer's Sole Remedy for Seller's Failure to Satisfy Delivery Obligations. Notwithstanding anything to the contrary set forth in this Agreement, should Seller fail to satisfy its obligations to deliver Landfill Gas as set forth in this Agreement, Buyer may terminate this Agreement as set forth in Section 5.3(a), as Buyer's sole and exclusive remedy for any such failure, unless Seller's failure to satisfy its obligations to deliver Landfill Gas as set forth in this Agreement is caused by a Force Majeure event in which case Buyer shall be entitled to terminate this Agreement pursuant to Section 5.3(b) as Buyer's sole and exclusive remedy. 5.5 Effect of Termination. Any provision of this Agreement which specifically states it survives the termination of this Agreement, shall survive any termination of this Agreement; provided, that nothing herein shall relieve any Party from liability for the willful breach of any of its representations, warranties, covenants or agreements set forth in this Agreement. 10 ARTICLE 6--ENVIRONMENTAL ATTRIBUTES 6.1 Destruction of Landfill Methane. Seller retains one hundred percent (100%) of any and all Environmental Attributes associated with the LFG whether this LFG is sold to Buyer, flared at the Landfill, or otherwise destroyed, including, without limitation, any Environmental Attributes attributable to the generation, destruction, purchase, sale, or use of LFG from the Landfill. 6.2 Responsibility and Cooperation. The parties agree that the responsibility to apply for, qualify for and obtain any emission credits, tax credits, offsets, demonstrations of regulatory compliance and other rights is the responsibility of Seller and Seller shall be wholly responsible for the costs associated therewith. The parties agree to cooperate with each other in providing information and other reasonable cooperation as needed to secure these credits, offsets, and other rights with respect to Article 6 of this Agreement. 6.3 No Representation. The parties agree that the existence of these credits, offsets, and other rights is beyond their individual control and are matters defined in the market place and at law. No representation is made herein by either party that such credits, offsets, and other rights exist, will continue to exist, or have monetary value. ARTICLE 7 - COORDINATION OF INTERRUPTIONS 7.1 Scheduled Interruption. Buyer and Seller shall coordinate timing of any Scheduled Interruption of their respective systems in order to minimize overall project downtime. Notice of a Scheduled Interruption by either Buyer or Seller shall be given to the other party as soon as practicable and not less than 3 days prior to occurrence of the Scheduled Interruption. Notice shall include the reason for and expected duration of the Scheduled Interruption. 7.2 Unscheduled Interruption. In the event that an Unscheduled Interruption occurs on either Buyer's or Seller's system, notice of the Unscheduled Interruption including the cause and estimated duration of the Unscheduled Interruption shall be given to the other party as soon as practicable and not more than 4 hours following the occurrence of the Unscheduled Interruption. Notice shall also be given to the other party as soon as the Unscheduled Interruption has been remedied and regular delivery of Landfill Gas can resume. ARTICLE 8-TAXES 8.1 Taxes Buyer shall retain the rights to any tax credits related to the Processing Equipment and other construction costs. 11 8.2 The Buyer shall pay all sales, consumer, use and other similar taxes required by the law of the place where the Work is performed. The Seller will be responsible for any sales or use tax due on materials furnished by the Seller to the Buyer to be incorporated into the Work. ARTICLE 9 - REPRESENTATIONS AND WARRANTIES 9.2 Representations and Warranties of Seller. Seller represents and warrants that: (a) This Agreement has been duly authorized by all necessary persons and bodies and Seller has full power and authority to enter into this Agreement and perform its obligations hereunder. (b) Seller is not a party to any litigation, or subject to any judgment, order, or decree, or party to any other contract, which would materially affect its performance of its obligation under this Agreement. 9.3 Representations and Warranties of Buyer. Buyer represents and warrants that: (a) Buyer has done its due diligence and agrees that the Landfill Gas delivered to the Processing Facility will be acceptable for use. Buyer shall be solely responsible for all compliance with all Legal Requirements after the landfill gas is delivered to the Processing Facility, and shall hold Seller, its officers, employees, and agents harmless from and against all claims, suits, actions, damages, losses, costs, and expenses of every kind and character arising from each and every claim of any and all persons against the Landfill Gas after its delivery to the Processing Facility. (b) This Agreement has been duly authorized and Buyer has full power and authority to enter into this Agreement and perform its obligations hereunder. (c) Buyer is not a party to any litigation, or subject to any judgment, order, or decree, or party to any other contract, which would materially affect its performance of its obligations under this Agreement. 9.4 Disclaimer of Warranties. Notwithstanding anything to the contrary set forth in this Agreement. Buyer accepts the condition of the Disposal Facility and the Landfill Gas "AS IS, WHERE IS, WITH ALL FAULTS", and Buyer acknowledges that Seller has not made and does not hereby make, and specifically disclaims, any representations, guarantees, promises, covenants, agreements or warranties of any kind or nature whatsoever (except for those specifically set forth in Section 9.1 hereof). whether past, present or future, oral or written, expressed or implied, including any representation or warranty with respect to merchantability, fitness for a particular purpose, conformity to models or samples, concerning the condition, or quality of the Disposal Facility or the Landfill Gas and their fitness for any particular use, purpose, business or activity contemplated, intended or ongoing, including 12 Buyer's purposes under this Agreement or the quantity or quality of landfill gas at any time. Buyer waives any claim it may have against Seller based on the actual content or characteristics of the landfill gas sold and purchased hereunder. ARTICLE 10 - FORCE MAJEURE 10.1 Force Majeure. If Buyer or Seller is rendered unable, wholly or in part, by an event of Force Majeure to carry out its obligations under this Agreement, other than to make a payment for amounts accrued, such Party shall give to the other Party prompt written notice of the event of Force Majeure with a detailed description of the events or circumstances that constitute such Force Majeure, including the nature of the occurrence and its expected duration, and continue to furnish timely regular reports with respect thereto during the period of Force Majeure; thereupon, the obligations of the Party giving the notice so far as they are affected by the Force Majeure shall be suspended during the continuance of the event (other than accrued obligations to make payments); provided that the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure. A Party whose performance is affected by an event of Force Majeure shall use best efforts to remove the event of Force Majeure as quickly as practicable. No Force Majeure event shall extend this Agreement beyond its stated term. 10.2 Strikes and Lockouts. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party experiencing the strike or lockout or having the difficulty, and that the foregoing requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. ARTICLE 11 - INDEMNITY 11.1 Buyer's Environmental Indemnity. Buyer agrees to indemnify and hold Seller, its agents, contractors, subcontractors, employees, or invitees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses arising from or due to the presence of Hazardous Materials on Buyer's Processing Site either existing at the time of or which may have been brought to its property after the execution of this Agreement, provided that Buyer shall have no obligation under this Article for Hazardous Materials which are introduced to or released on Buyer's Processing Site by Seller, its agents, contractors, subcontractors, employees, or invitees. Buyer's Indemnity. Buyer shall indemnify, defend, and hold harmless Seller from and against any claims, loss, damage, liabilities, fines, penalties, cost, and expense, including court costs and reasonable attorneys' fees, incurred or suffered by Seller: 13 (a) To the extent relating to the Landfill Gas while in Buyer's control or possession. (b) For personal injury, death, or property damage caused by Buyer or its agents' negligent acts or omissions arising from or relating to this Agreement. (c) Arising from claims or liens for labor performed or materials furnished for Buyer's Processing Facility or relating to Buyer’s Equipment. 11.2 Limitation of Liability. Notwithstanding any other term of this Agreement to the contrary, in no event shall either party be liable to the other for any indirect, special, incidental, or consequential loss or damage of any type, including, but not limited to lost profits and damage to goodwill or reputation with respect to any claim, whether based on contract, tort (including negligence), warranty, strict liability, implied warranty, or otherwise. ARTICLE 12 - INSURANCE 12.1 Buyer's Insurance. Buyer shall at all times carry and maintain, at its own expense, the minimum insurance coverage set forth in this Section12.1. The terms and conditions of such insurance policies (including the amount, scope of coverage, deductibles and self-insured retentions) shall be commercially reasonable shall carry and maintain the following insurance policies: (1) Commercial General Liability for the Processing System with primary coverage limits of no less than $10,000,000.00, (ii) Automobile Liability, including coverage for owned, non-owned and hired vehicles for both bodily injury and property damage, with combined single limits of no less than $1,000,000.00,(iii) Workers Compensation insurance to statutory limits and employer's liability with a limit of not less than $1,000,000.00; (iv). Property/Machinery Breakdown or 'all-risk" insurance, as such term as used in the common practice of the insurance industry as of the date of this Agreement, in an amount not less than full replacement cost of the Processing Plant and all equipment necessary to its proper functioning, (v) Business Interruption insurance on an "all-risk" basis in an amount not less than policy coinsurance requirements and twelve months operating expenses, and (vi) Umbrella liability insurance of not less than $5,000,000.00. Seller shall be named as an additional insured on the above policies. Buyer shall submit proof of such insurances to Seller within five (5) business days of the execution of this Agreement. ARTICLE 13 - MISCELLANEOUS PROVISIONS 13.1 Assignability. Except as otherwise provided, neither party may at any time transfer, assign, or delegate its rights or duties under this Agreement without the express prior written consent of the other party, which shall not be unreasonably withheld; and the terms of this Agreement shall be binding on and inure to the benefit of the successors and assigns of the parties. Any attempted assignment in violation of this Section 13.1 shall be null and void. 14 13.2 Severability and Non-Waiver. In the event any sentence or section of this Agreement is declared by a court of competent jurisdiction to be void, such sentence or section shall be deemed severed from the remainder of this Agreement, and the balance of this Agreement shall remain in effect. Either party's waiver of any breach, or failure to enforce any of the terms and conditions of this Agreement, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel compliance with every term and condition of this Agreement or to terminate this Agreement for breach. 13.3 Patents: The Buyer shall hold and save the Seller, the Engineer and their agents harmless from liability of any kind, including cost and expenses, reasonable attorney's fees, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Work, including its use by the Buyer. If the Buyer uses any design, process, device or materials covered by letters, trademarks, patent or copyright, the Buyer shall provide for such use by suitable agreement between the Buyer and the holder of such patented or copyrighted design, device or material. The Contract prices shall include royalties or costs arising from the use of such design, device or materials, in any way involved in the Work. The Buyer and the Buyer's sureties shall indemnify and save harmless the Seller, the Engineer and their agents from claims for infringement by reason of the use of such patented or copyrighted design, process, device or materials or any trademark or copyright in connection with Work agreed to be performed under this Contract, and shall indemnify the Seller, the Engineer and their agents for any cost, expense, damage and reasonable attorney's fees which it may be obliged to pay by reason of such infringement, at any time during the prosecution of the Work or after completion of the Work 13.4 Rights and Remedies. In the event of a material breach of this Agreement by either Party, the non-- breaching Party shall have all rights and remedies available under the laws of the State of Georgia, including the right to require that this Agreement be performed in accordance with its written terms and conditions. All claims, disputes and other matters in question between the Seller and the Buyer arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Buyer, by executing this Agreement, specifically consents to venue in Augusta and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13.5 Notices. Any notice which is permitted or required under this Agreement shall be duly given if in writing and either delivered personally to the person whom it is required to be given or sent registered or certified mail, return receipt requested, postage prepaid as follows: If to Buyer: Covia Holdings Corporation 1 Albion Road Hephzibah, Georgia 30815-4929 If to Seller: Augusta, Georgia Environmental Services Department 15 4330 Deans Bridge Road Blythe, Georgia 30805 With copy: Augusta Georgia Office of the Mayor 535 Telfair Street, Suite 200 Augusta, Georgia, 30901 Each Party shall have the right, from time to time, to designate a different address by notice given in conformity with this Section. 13.6 Access. Upon reasonable advance notice not less than 24 hours, each party agrees to provide the other, and its agents, representatives, and contractors with access to its property and equipment during normal business hours (not including nights, weekends, and holidays) for the purpose of inspection and carrying out its rights and obligations under this Agreement. While on Buyer's property, Seller, its agents, and contractors shall at all times conduct themselves in a safe and prudent manner. While on Seller's property, Buyer, it agents, and contractors shall at all times conduct themselves in a safe and prudent manner. 13.7 Open Records Act. The Parties shall comply with the Georgia Open Records Act, OCGA 50- 18-70 et seq. 13.8 Counterparts. This Agreement may be executed in several counterparts, and as executed shall constitute one agreement binding on all of the parties hereto. 13.9 Captions. Captions in this Agreement are solely for the convenience of the Parties and are not part of the Agreement, and shall not be used for the interpretation or determination of the validity of the Agreement or any provision thereof. 13.10 Entire Agreement. This Agreement, inclusive of all Exhibits attached hereto, constitutes the entire understanding between the Parties with respect to the subject matter hereof and supersedes all previous written and oral negotiations, commitments, proposals and writings. 13.11 Governing Law. This Agreement shall be governed by the substantive laws of the State of Georgia without reference to its conflicts of law provisions. 13.12 Amendments. This Agreement and any part thereof may be amended at any time by mutual agreement of the Parties; however, no modifications, alteration, amendment, or revision of this Agreement shall be binding upon either Party unless executed in writing by the Party to be bound. 13.13 Independent Contractors. Seller and Buyer are independent contractors. Neither Party is or shall be deemed an agent, servant, or employee of or a joint venture with the other Party, and neither Party shall have the authority to incur debts or liabilities in the name of the other or 16 otherwise bind the other Party to any contract, debt, or other obligation. 17 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. COVIA HOLDINGS CORPORATION By: Printed Name: Title: ATTEST: By: Printed Name: Title: AUGUSTA, GEORGIA By: Printed Name: Title: 18 LIST OF EXHIBITS Exhibit A Avoided Gas Costs for 2017 Exhibit B Sample Bill Calculation for 2017 19 Exhibit A Avoided Gas Costs for 2017 Month Index Fuel Transport Std. AGL Tax Total Jan-17 $3.930 $0.10 $0.150 $0.10 $0.17 $4.46 Feb-17 $3.391 $0.09 $0.150 $0.10 $0.15 $3.88 Mar-17 $2.627 $0.07 $0.150 $0.10 $0.12 $3.06 Apr-17 $3.175 $0.08 $0.150 $0.10 $0.14 $3.65 May-17 $3.142 $0.08 $0.150 $0.10 $0.14 $3.61 Jun-17 $3.236 $0.09 $0.150 $0.10 $0.14 $3.71 Jul-17 $3.067 $0.08 $0.150 $0.10 $0.14 $3.53 Aug-17 $2.969 $0.08 $0.150 $0.10 $0.13 $3.43 Sep-17 $2.961 $0.08 $0.150 $0.10 $0.13 $3.42 Oct-17 $2.974 $0.08 $0.150 $0.10 $0.13 $3.43 Nov-17 $2.752 $0.07 $0.150 $0.10 $0.12 $3.20 Dec-17 $3.074 $0.08 $0.150 $0.10 $0.14 $3.54 Notes 1) Index is the NYMEX:NG Index 20 Exhibit B Sample Bill Calculation for 2017 Engineering Services Committee Meeting 3/12/2019 1:10 PM Approve the Amendment to the Landfill Gas Sale Agreemeent with Covia Holdings Corp. Department:Environmental Services Presenter:Lori Videtto Caption:Approve the Amendment to the Landfill Gas Sales Agreement with Covia Holdings Corporation. Background:In December of 2018, the Environmental Services Department requested approval for the Gas Sales Agreement with Covia Holdings Corporation. Covia is "the mine" that is located in Hephzibah that purchases the landfill gas and uses it instead of, or along with, natural gas in their processes. In that original Agreement there was one Section (Section 1.19) which was mis- stated; and two terms (Section 5.6 and Section 5.7) that were requested by Covia to be included in the Agreement. The one error and the two additional sections were not noticed until the Agreement was routed for signature. As such, at this time ESD is requesting the approval of the Amendment to the Agreement so that those terms are included. Analysis:Section 1.19 in the original Agreement stated that at the point the pipeline that carries the gas to the mine crosses into the mine property; the ownership of the pipeline itself changes hands. This was an error that is being corrected with the Amendment. The Amendment removes this term and Augusta retains ownership of the pipeline up to the point that the pipeline meets Covia's infrastructure. Sections 5.6 and 5.7 include terms that allow for the clean sale of the gas and that Covia has the right to inspect Augusta's records in order to verify data and charges. These terms were included in the original 1996 gas sale agreement, so there is no change to ESD's operating practices where the delivery of landfill gas is concerned. As such, ESD is requesting approval of the Amendment. Financial Impact:No financial impact at this time. Alternatives: 1. Do not approve the Amendment and ask ESD and Covia to re- negotiate the base agreement. 2. Approve the Amendment as written. Recommendation:Approve the Amendment. Funds are Available in the Following Accounts: None needed at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Sec. 4-2-2. Unlawful dumping or storing of solid waste, or the accumulation of weeds and noxious vegetation on vacant lots, and unoccupied parcels of land. (a) Prohibition. No owner of any vacant lot, undeveloped lot or unoccupied parcel of land within Augusta shall permit or allow the existence of excessive accumulation or untended growth of weeds, undergrowth or other plant life grow to a height exceeding twelve (12) inches; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to household furnishings, and all other objectionable, unsightly or unsanitary matter upon any lot, tract or parcel of land, or on the area between the lot or parcel of land and the street curb, be it uncovered or under open shelter, to the extent and in the manner that such lot, tract or parcel of land is or may reasonably become infested or inhabited by rodents, vermin or wild animals, or may furnish a breeding place for mosquitoes, or threatens, or endangers the public health, safety, or welfare, or may reasonably cause disease, or adversely affects and impairs the economic welfare of adjacent property. (b) Definitions. · Construction/Demolition Waste means building materials and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. Such waste include, but are not limited to asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, and other non-putrescible wastes which have a low potential for groundwater contamination. · Lot/Parcel means any lot of record identified with a map and parcel number assigned by the Tax Assessor's Office. · Scrap Tire means a tire or portion thereof. · Tire means a continuous solid or pneumatic rubber covering designed for encircling the wheel of a motor vehicle and which is neither attached to the motor vehicle nor a part of the motor vehicle as original equipment. · Undeveloped Lot means a lot in its natural state, i.e.: a lot in a residential neighborhood that has not been built upon. · Unoccupied Parcel means a lot which has a structure/dwelling which is not occupied. · Vacant Lot means a previously developed Lot, once occupied with a structure/dwelling. (c) Duty of Property Owners Generally. It shall be the duty of the owner of each Vacant Lot or Unoccupied Parcel of land to reasonably regulate and effectively control excessive growths and accumulations, as enumerated in Section 4-2-2 (a), on the property and the street. It shall also be the duty of the owner to drain, re- grade or fill any lot, tract, or parcel, including swimming pools thereon, which shall be unwholesome or unsanitary, have stagnant water thereon, or be in such other condition as to be susceptible to producing disease. (d) Notice Augusta shall notify in writing the owner of any Vacant Lot or Unoccupied Parcel of land within Augusta to comply with Section 4-2-2(a) to include but not be limited to cutting, destroying or removing any weeds, grass, trash, rubbish or noxious matter found growing, lying or located on such owner's property or upon the sidewalk or street right-of-way abutting the property within fourteen calendar (14) days from the date the notice is mailed. Notice will include a one direct mailing to the property owner's address on records. This notice requirement will not apply for property owned by Augusta, Georgia or the Augusta Georgia Land Bank. Upon the failure or the owner to do so, Augusta will cause such weeds, grass, rubbish, or noxious matter to be cut, destroyed and/or removed. Such notice shall be deemed to be sufficient if it is mailed to the last owner of record on file in the office of the property appraiser. (e) Removal of Weeds, etc. by Augusta If after fourteen calendar (14) days from the date of the notice the conditions, as enumerated in Section 4 - 2 - 2 (a) and described in the notice, have not been remedied, the Director of Environmental Services or his designee shall cause the condition to be remedied by Augusta at the expense of the property owner; to include the removal of trash, filth, garbage or other refuse, and the chemical treatment, cutting down and abating from any private premises all weeds, including those growing thereon to a height exceeding twelve 12) inches whenever the owner of such premises or other person who is required by this chapter to cut down and remove the same fails or refuses to do so. (f) Cutting and Cleaning of Lots; Assessment of Costs; Liens Upon the completion of any combination of the removal, chemical treatment, cutting down, cleaning or abating by Augusta of any lot or parcel of land within Augusta by removing or abating therefrom; the excessive accumulation or untended growth of weeds, undergrowth or other plant life growing to a height exceeding twelve (12) inches; or stagnant water, rubbish, garbage, refuse, debris, trash, including but not limited to, household, furnishings, scrap tires, construction/demolition waste, and all other objectionable, unsightly or unsanitary matter, the Director of Environmental Services or his designee shall certify the abatement of the offensive matter described above, specifying the lot or parcel so improved and the nature of the improvements. Thereafter, the improvements and the costs thereof, shall be assessed and appropriate action as necessary shall be taken to charge and collect monies for services provided by Augusta to abate the issue. (g) Enforcement The code enforcement division of the Environmental Services Department as well as the License and Inspection Department is hereby authorized and directed to carry out the provisions of sections 4-2-2 hereof, as may be deemed reasonably by the Director of the department. (h) Violation: Penalty In addition to causing the condition of the property to be remedied as authorized in subsection (f), the enforcement officer may make a case against the offending party and upon trial and conviction thereof, the offending party shall be subject to the penalties provided in section 1- 6-1. Sec. 4-2-3. Dumping of garbage and refuse collected outside county at county landfill. (a) Prohibited. It shall be unlawful for any person to dump garbage and refuse at the Augusta Richmond County landfill, owned and operated by Augusta-Richmond County, Georgia, when said garbage or refuse was not collected in Richmond County, Georgia, except pursuant to written contract or prior approval by the Augusta-Richmond County Administrator. (b) Penalty for violation of section. Any person who shall violate this section shall be charged with each and every violation, and upon trial and conviction, shall be subject to the penalties provided in Sec. 1-6-1. Sec. 4-2-4. Trespassing, scavenging on landfill prohibited. (a) No person shall knowingly and without authority enter upon the land or premises, now or in the future, designed as an Augusta-Richmond County landfill site without the express permission of the director of the landfill or his delegate; nor shall any person knowingly and without authority remain upon the land or premises, now or in the future, designed as a landfill site, after the permission of the director of the landfill or his delegate has been withdrawn. (b) No person shall knowingly and without authority remove any materials from the land or premises now or in the future designed as a landfill site, including but not limited to material constituting residential and commercial solid waste, trash, tin cans, glass bottles, garbage, rubbish, discarded materials, sand, gravel, slag, or other refuse. (c) Any person or persons failing to comply with the lawful provisions of this section or any act prohibited hereby or failing to do any act mandated hereby shall be guilty of an offense and upon trial as a misdemeanor and conviction, shall be subject to the penalties provided in Sec. 1-6-1. Sec. 4-2-5. Refuse acceptable for disposal at solid waste landfill. (a) The following refuse shall be considered to be acceptable for disposal by the county: (1) Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and/or consumption of foods. (2) Ashes. The residue from the burning of wood, coal, coke or other materials. (3) Rubbish. Non-putrescible solid wastes excluding ashes, consisting of paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, metals and any tree trunks, limbs or other wood products, provided that any such items larger than four (4) inches in diameter, shall be cut into four-foot lengths. (4) Dead animals. Small dead animals, not exceeding seventy-five (75) pounds in weight, which die in the normal course of community activity, excluding condemned animals, shall be accepted at the disposal site upon request. (b) The following refuse shall be considered to be unacceptable for disposal by the county: (1) Dangerous materials or substances, such as poisons, acids, caustics, infected materials and explosives. (2) Unusual quantities of materials resulting from the repair, excavation or construction of buildings or structures, such as earth, plaster, mortar and roofing materials. (3) The solid wastes resulting from industrial processes. (4) Solid waste that has been burned and has any evidence of smoke, spark or fire remaining. (5) Sealed drums. Each drum must have an open top for inspection. No drum for liquid storage will be accepted for disposal. (c) A separate area shall be provided at the landfill for the disposal of stumps, logs, other building materials, and tires that cannot be deposited in the regular landfill site. (d) All industrial, governmental and commercial waste haulers shall place a decal furnished by Augusta-Richmond County on their vehicle that denotes the cubic yard capacity being hauled into the landfill. (e) The fees for the disposal of refuse shall be fixed from time to time by the Augusta-Richmond County Commission and kept on file in the office of the county administrator and shall be published at the landfill site. Sec. 4-2-6. Fees for use of Augusta-Richmond County solid waste landfill. (a) Fees. The following fees shall be charged for the use of the Augusta-Richmond County solid waste landfill. Other fees for specific projects or for specific customers may be approved in writing by the Administrator. Asbestos . . . . . . . . . . . . . . $ 20.00 per cubic yard Inert waste disposal . . . . . 16.75 per ton Metal . . . . . . . . . . . . . . . . 0.00 per ton Mulch purchase (small pickup truck) . . . . . . . . . . . . . . . . 5.00 per load Mulch purchase (large pickup truck) . . . . . . . . . . . . . . . . . 10.00 per load Mulch purchase (commercial). 15.00 per ton Non-profit organizations waste disposal (with administrator's approval) . . 23.50 per ton Non-tarped loads/private ve- hicle . . . . . . . . . . . . . . . . . . . 25.00 each occurrence Non-tarped loads/commercial vehicle. . . . . . . . . . . . . . . . . 75.00 each occurrence Residential disposal (three bags or less) . . . . . . . . . . . . 0.00 Residential disposal (four bags to six bags) . . . . . . . . . . . . . 3.00 per load Minimum charge – non- Commercial (total weight of Vehicle and load under 6000lbs) 6.00 per load Solid waste (municipal solid waste, construction and demolition, special waste) disposal . . . . . . . . . . . . . . . 33.50 per ton Solid waste (2,000—4,999 tons per month) disposal . . 30.50 per ton Solid waste (5,000—9,999 tons per month) disposal . . 27.50 per ton Solid waste (10,000 or greater tons per month) disposal . . . . . . . . . . . . . . . 24.50 per ton Solid waste with beneficial use—Such materials as are usable at the landfill for daily cover and other uses and shall include, but not be limited to brick slag and other usable materials. . . . . . . . . . . . . . . 10.00 per ton Construction & demolition…….. 26.00 per ton Recyclables (commercial)……. 25.00 per ton The director of the landfill or his designee reserves the right to determine what is "usable", to limit the quantity of "usable" materials received by the landfill for any given period of time, and to receive only so much "usable" materials as are consumable by the landfill in the sole discretion of the director. Tires (17 inch or smaller). . . $ 3.00 each Tires (larger than 17 inch) . . 8.00 each Tires (truckload) . . . . . . . . . . 180.00 per ton Vehicle permit sticker . . . . . 100.00 per calendar year (b) Fee increases. Fees for each item listed above may from time to time be increased at the discretion of the administrator. The increase allocated for any calendar year shall not exceed one dollar ($1.00) for any item listed above. Should a full one dollar ($1.00) increase not be exercised the allocation of a portion equaling up to one dollar ($1.00) from that year within the unused allocation may carry forward and be used in the following year not to exceed two dollars ($2.00), and so on up to a maximum of three (3) years. At no time shall the increase at the administrator's discretion exceed three dollars ($3.00) for any item listed above. (c) Fee decrease. Fees for each item listed above may from time to time be decreased at the discretion of the administrator. The decrease allocated for any calendar year shall not exceed one dollars ($1.00) for any item listed above. Should a full one dollar ($1.00) decrease not be exercised the allocation of a portion equaling up to one dollar ($1.00) from the year within the unused allocation may carry forward and be used in the following year not to exceed two dollars ($2.00) and so on up to a maximum of three (3) years. At no time shall the decrease at the administrator's discretion exceed three dollars ($3.00) for any item listed above. (Ord. No. 6238, § 1, 1-4-00; Ord. No. 6778, § 2, 8-1-04; Ord. No. 6793, § 2, 5-17-05) Engineering Services Committee Meeting 3/12/2019 1:10 PM Approve the Changes to Section 4-2-6 - Fees, and Waive the Second Reading Department:Environmental Services Presenter:Lori Videtto Caption:Approve the Changes to Section 4-2-6 - Fees, and Waive the Second Reading. Background:In November 2018, ESD requested approval to draft a revision to Section 4-2-6 of the Augusta Code. This section covers fees for use of the Landfill. At this time, ESD is bringing the revised Section back to the Committee and Commission for approval; and requesting that the second reading be waived. The fees to use the Landfill are set and have not been updated in approximately 12 years. The current rates have been reviewed and are competitive, however in order to remain in good financial status, to work to attract additional customers, and to reflect current and future operations, minor updates are requested at this time. Analysis:The following changes are requested at this time: 1. offer a separate rate for clean construction and demolition waste at $26/ton. 2. add a rate for commercial quantities of recyclables at $25/ton. 3. add a minimum charge for non-commercial customers at $6. Change the 4-6 bag fee from $2 to $3. 4. Allow the Administrator the authority to approve a negotiated rate per customer or per specific job. Augusta's landfill has not operated with a separate rate for construction and demolition waste, however, with other C&D landfills in the area, it is recommended that Augusta offer a market-competitive rate for C&D materials. Other landfills in the area offer C&D disposal between $24.50 and $31.50, but they also offer a more detailed rate structure (per size of truckload, or per mattress, for example). Secondly, recyclables are currently accepted for no charge, however this was intended for residential customers only. With more neighboring communities wanting to recycle, Augusta is requesting to set a rate to accept larger quantities of recyclables. Finally, allowing the Administrator the authority to approve a negotiated rate for special projects, usually larger projects, to encourage the use of the Augusta landfill, is also being requested at this time. This is a common practice at private facilities, and again, will keep our landfill competitive in the area. Financial Impact:There is no financial impact at this time; however it is anticipated that the proposed rate adjustments will attract more customers to the facility. Alternatives:1. do not approve, and allow the rates to remain as-is. 2. propose additional changes in addition to those proposed herein. Recommendation:Approve the recommended changes. Funds are Available in the Following Accounts: No funds are needed at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 3/12/2019 1:10 PM Approve the Environmental Services Department and Augusta Landfill to Offer Reduced Rate Landfill Disposal Department:Environmental Services Presenter:Lori Videtto Caption:Approve the Environmental Services Department - Augusta Landfill to Offer Reduced Rate Disposal Day. Background:The Augusta Landfill and Keep Augusta Beautiful as part of the Environmental Services Department, would like to "kick off" the Great American Cleanup in 2019 by providing reduced rate landfill disposal for residential customers. Each spring as the weather warms and residents prepare for Easter and Masters, the amount of yard waste and bulky waste that is placed for collection increases dramatically. ESD is requesting approval for a new option this year to provide for half-price disposal for residential customers at the landfill. Analysis:The proposal is to allow for residential customers to haul materials to the facility and for no more than one day per month (as designated by the facility) receive half-price disposal. To start, ESD would like to offer this for one Saturday in March and one Saturday in April; then depending on operations and economics, offer it one Saturday each month moving forward. Tires would be accepted at regular rates, no liquids, no hazardous waste, and each customer would need to provide proof of residency. Financial Impact:The financial impact to the Landfill is projected to be minimal. In reviewing 2018 and 2019 weekend residential customers, the Department expects this to cost the facility about $3500 per Saturday. However, the expectation is that with the reduced rate disposal opportunity, perhaps there may be less illegal dumping, less material placed for collection at the curb, and overall reduce the burden on the haulers. Alternatives: 1. Approve the two days of reduced-rate disposal in March and April. 2. Approve one day per month. Recommendation:Approve one day per month, pending the outcome of the two initial days. Funds are Available in the Following Accounts: Additional funds are not needed at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 AUGUSTA LANDFILL SOLID WASTE DISPOSAL AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ___________, 2019 by and between INLAND WASTE DBA ORION WASTE (hereinafter called "Customer") and AUGUSTA, GEORGIA, a political division of the State of Georgia, (hereinafter called "Augusta"). WHEREAS, Customer desires to transport Customer's non-hazardous waste to the Augusta Landfill for disposal, and Augusta desires to provide such disposal services for the Customer in accordance with and subject to the terms and conditions for this Agreement. NOW, THEREFORE, in consideration of the premises and the following mutual agreements and covenants, the Customer and Augusta, each intending to be legally bound, agree as follows: 1.0 DEFINITIONS 1.01 Customer Waste - Any non-hazardous Solid Waste or approved non-hazardous Special Waste collected or controlled by Customer. Customer's Waste will be delivered to the Augusta Landfill by Customer in waste collection vehicles containing only Customer Waste. 1.02 Disposal Fee - The amount set forth in Section 7.01 hereof, as adjusted, charged by Augusta for the performance of disposal services hereunder. 1.03 Governmental Approvals - All permits, licenses, and approvals required for the expansion, construction, and/or operation of the Augusta Landfill. 1.04 Hazardous Waste - Any chemical, compound, mixture, substance, or article which is designated by the United States Environmental Protection Agency or by any State having jurisdiction to be "hazardous" as that term is defined by or pursuant to federal or state law. 1.05 Non-Conforming Waste - Any waste excluded from the definition of Solid Waste and any Special Waste which has not been approved by Augusta and, if required, by any governmental agency having jurisdiction. 1.06 Augusta Landfill - The Deans Bridge Road Municipal Solid Waste (MSW) Landfill, which is owned and operated by Augusta and located at 4330 Deans Bridge Road, Blythe, Georgia. 1.07 Solid Waste - Any garbage, trash, rubbish, brush and other waste material allowed under the Governmental Approvals issued for the operation of the Augusta Landfill but excluding (a) any Hazardous Waste, and (b) any other material not allowed pursuant to applicable laws and regulations. 2 1.08 Special Waste - Any Customer Waste which requires special processing, handling, or disposal techniques which are different from the techniques normally utilized for handling or disposal or contains and added element of expense to transport or dispose of as determined by Augusta or requires approval from any State agency and/or Augusta. Examples of such Special Waste types may include, but are not limited to: white goods, tires, mining wastes, fly ash, combustion ash, sludge, drilling fluids and drill cuttings, asbestos, industrial wastes, liquid wastes, infectious wastes and residue, pollution control residue, debris or contaminated soil and water from the cleanup of a spill. Special Waste requires a Waste Profile Sheet (“WPS”) be submitted for approval prior to disposal. 1.09 Construction and Demolition Waste – Any Customer Waste that meets the definition of such per current Georgia Environmental Protection Department (“EPD”) Rules. 1.10 Prohibited Wastes – Augusta shall not accept any such prohibited wastes as identified by the current Solid Waste Handling Permit issued to Augusta. In addition, Augusta will not accept any quantity Coal Ash or Coal Ash Residue. 2.0 SCOPE OF SERVICES 2.01 Landfill Disposal - Subject to the terms and conditions hereof, Customer agrees that it will deliver or cause to be delivered a significant portion of Customer Waste to the Augusta Landfill for disposal, and Augusta agrees that it will accept such Customer Waste for disposal services at the Augusta Landfill from and after the date hereof in accordance with and subject to the terms and conditions of this Agreement. 3.0 DISPOSAL SERVICES 3.01 Disposal Operations - From and after the date hereof, Augusta shall accept, upon delivery, all Customer Waste and such approved Special Waste delivered by the Customer in waste collection vehicles containing only Customer Waste or approved Special Waste to the Augusta Landfill for disposal. 3.02 Inspection of Augusta Landfill - The Customer may, on a reasonable basis, as the Customer deems necessary and after giving Augusta advance written notice, make inspections of the Augusta Landfill during normal business hours; however, such inspections shall be made only by authorized employees or agents of the Customer accompanied by the Augusta Director of Environmental Services Department or any other person designated by the Augusta Director of Environmental Services. Such inspections shall not unreasonably interfere with Augusta's performance of any of its operations at the Augusta Landfill. Customer is under no duty to inspect the operations of Augusta and the failure to inspect shall not, in any way, create liability on the part of the Customer to Augusta. 3 3.03 Compliance with Laws and Permits - Augusta shall conduct disposal operations with respect to services performed hereunder in accordance with all applicable federal and state laws, rules and regulations, and the terms and conditions of the Governmental Approvals issued for the operation of the Augusta Landfill. 3.04 Holidays - The following shall be holidays for purposes of this Agreement: New Year's Day, Thanksgiving Day, Christmas Day, July 4th, Memorial Day, Labor Day Augusta may decide to observe any or all of the above-mentioned holidays by suspension of landfill operations on the holiday. Augusta will give the Customer advance written notice of Augusta's observance of any holiday. 3.05 Title - Title to Customer Waste delivered by the Customer shall pass to Augusta when accepted by Augusta at the Landfill. Acceptance is completed upon delivery by Customer to the Augusta Landfill and non-rejection by Augusta within a reasonable amount of time. Notwithstanding any provision of this Agreement to the contrary, title to and liability for Non-Conforming Wastes shall remain with the Customer and shall never pass to or be assumed by Augusta. 3.06 Special Waste - Where requested by Augusta, the Customer shall assist Augusta in identifying each generator of Special Waste. Customer shall also require each generator of Special Waste, in addition to any label, marking, manifest, or other such documentation required by any applicable law, regulation, or permit, to provide to Augusta, in advance of any shipment of Special Waste, a representative sample of the Special Waste to be disposed of by Augusta, and a detailed written physical and chemical description or analysis of the Special Waste, including, without limitation, a listing of unique characteristics and safety procedures, if such exists, that would be of significance to the handling of such Special Waste ("Waste Profile Sheet" or "WPS"). The customer shall promptly furnish to Augusta any information regarding known, suspected or planned changes in composition of any such Special Waste and the Customer shall accordingly update the WPS. The Customer agrees that all Special Waste specified in a WPS and delivered to Augusta Landfill shall conform to the description set forth on the WPS. Such Special Waste shall not be delivered to Augusta for disposal until such WPS and representative sampling are analyzed and approved by Augusta. Augusta shall have the right to reject loads of bulky Special Wastes if in Augusta's judgment such loads would disrupt any normal operating procedures. 3.07 Non-Exclusive Use of Augusta Landfill - The use of the Augusta Landfill by the Customer shall be non-exclusive, and, in addition to the disposal of Customer Waste pursuant to this Agreement, Augusta shall have the absolute and unrestricted right to accept for disposal any waste materials not covered by this Agreement. Augusta 4 shall also have the absolute and unrestricted right to accept waste materials brought to the Augusta Landfill by any other municipality or other body, corporation, person or other entity, public or private, for disposal. Augusta shall also have the absolute and unrestricted right to establish from time to time all fees, deductions, discounts, credits and allowances, and charge and retain such fees, for disposal of any waste materials (other than Customer Waste). 3.08 Inspection of Customer Waste - Augusta shall have the right to inspect any incoming loads of Customer Waste delivered to the Augusta Landfill for disposal for compliance hereunder and reject any Non-Conforming Waste. Customer shall remove and properly dispose of all such Non-Conforming Waste at Customer's expense. 4.0 EFFECTIVE DATE This Agreement shall be effective upon the execution of this Agreement by the Customer and Augusta, and the delivery of Customer Waste to the Augusta Landfill and performance of disposal services by Augusta hereunder shall commence on the date hereof in accordance with the terms and conditions of this Agreement. 5.0 INDEMNITY 5.01 Indemnity of Augusta - Augusta will indemnify and hold harmless the Customer, its officers, employees, and agents from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees incurred by the Customer to the extent resulting from (a) any breach by Augusta of any of its agreements hereunder, and (b) any negligent act or omission of Augusta, its employees or agents in the performance of services under this Agreement; provided, however, that Augusta shall not be obligated to indemnify the Customer from and against any suits, actions, legal proceedings, claims, demands, damages, costs, expenses or attorneys' fees to the extent resulting from negligent act or omission of the Customer or of any of its officers, agents, servants, employees or contractors or to the extent resulting from any breach by the Customer of any of its agreements hereunder . 5.02 Indemnity by Customer - The Customer will indemnify and hold harmless Augusta, its officers, employees, and agents from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees incurred by Augusta to the extent resulting from (a) any breach by the Customer and any of its agreements hereunder, and (b) any negligent act or omission of the Customer or any of its officers, agents, servants, employees or contractors; provided, however, that the Customer shall not be obligated to indemnify Augusta from and against any suits, actions, legal proceedings, claims, demands, damages, costs, 5 expenses or attorneys' fees to the extent resulting from any negligent act or omission of Augusta or of any of its officers, agents, servants, employees or contractors or to the extent resulting from any breach by Augusta of any of its agreements hereunder. 5.03 Termination for Convenience – Augusta shall have the right to terminate this Agreement without cause by providing Customer one hundred eighty days (180) days written notice. 6.0 TERM This Agreement is for an initial term of ten (10) years from and after the date of execution of this Agreement to and including December 31, 2029. An additional ten (10) year term may be mutually agreed upon by both Parties. This Agreement shall (i) terminate absolutely and without further obligation on the part of Augusta each and every December 31st, as required by OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination provisions of this Agreement; (ii) automatically renew on each January 1st, unless terminated in accordance with the termination provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, on December 31, 2039, unless further extended by written amendment mutually agreed upon by both Parties. 7.0 RATES FOR WASTE DELIVERED TO THE LANDFILL 7.01 Base Rate -For Customer Waste (exclusive of any Special Waste) disposal services rendered hereunder, Augusta will charge and the Customer will pay to Augusta, the rate as listed in this Section, as adjusted in accordance with the terms and provisions of Sections 7.02, 7.03, and 7.04 hereof, for each Ton of Customer Waste accepted at the Augusta Landfill for disposal. This Base Rate includes the current $0.75 per ton EPD fee and includes any Environmental Fees Augusta may charge. MSW - $28/ton for 0-1999 tons per month MSW - $26.50/ton for 2000-4999 tons per month Augusta further agrees that the Base Rate applies to the disposal of Customer Waste in a landfill disposal cell that is lined in accordance with applicable laws and regulations. 7.02 CPI Adjustment – On January 1, 2020 and every January 1 thereafter during this agreement and any additional terms of this agreement, the Base Rate then in effect shall be increased by the increase, if any, of the percentage of increase in the Consumer Price Index for All Urban Consumers (All Items -U.S. City Average), Water, Sewer and Trash-Garbage and Trash-Sub-Index as published by the U.S. Department of Labor, Bureau of Labor Statistics (CPI). The measurement period will be the immediate preceding January through December with the July 1, 2020 increase based on December 2018 statistics. 6 7.03 Change in Law Fees, Etc. - Augusta shall have the right to increase the Base Rate at any time to due to changes in Local, State and Federal regulations. These additional costs will be billed as a straight pass through to the Customer. The Customer will be notified thirty (30) days in advance of any such increase and will be provided documentation to substantiate any additional charge. 7.04 Special Wastes -The Disposal Fee shall apply with respect to Special Waste, however asbestos-containing materials waste will be charged at the current posted landfill gate rate. The charge for the disposal of large quantities of Special Waste shall be set by mutual agreement of the Parties on a periodic, case-by-case basis; with the approval of the Augusta Administrator and Director of Environmental Services. Request of a project- rate shall be made 30-days in advance of any such disposal. 7.05 Billings to Customer- Augusta will invoice the Customer on a monthly basis for disposal services rendered during the preceding calendar month and the Customer will remit payment for each invoice without set-off or deduction to Augusta within thirty (30) working days of the date of such invoice. Such billing shall be based on the Disposal Fee as adjusted pursuant to Sections 7.02, 7.03 and 7.04 hereof. 8.0 INSURANCE AND PERFORMANCE 8.01 Coverages The Customer shall at all times during the Agreement, maintain in full force and effect General Liability, Workmen’s Compensation Insurance, Pollution Liability Insurance, and Bodily Injury and Property Damage Liability. The Customer agrees to furnish copies of insurance certificates upon request. 8.02 Leaks and Spills, Safe Transport Customer is fully responsible for the safe and legal transport of any such wastes or materials that is transported through or brought to the Augusta Landfill in their vehicles and shall be responsible for the cleanup of any such litter, leak, spill, or other release from such vehicle while in Augusta-Richmond County. 9.0 DEFAULT Except as otherwise provided herein, if either Party breaches any of the material provisions of this Agreement and fails to cure such breach within a period of thirty (30) days after receiving written notice setting forth a detailed description of such breach from the other Party, unless a longer period of time is required to cure such breach and the Party breaching shall have failed to commence to cure such beach within said thirty (30) day period and pursue diligently to completion thereof, then the other Party may terminate this Agreement; provided, however, 7 that the foregoing provisions relating to notice of breach and cure shall not apply to any failure of Customer to pay Augusta for services rendered hereunder . 10.0 MISCELLANEOUS 10.01 Transferability - No assignment of this Agreement or any right accruing under this Agreement shall be made in whole or in part by the Customer without the express prior written consent of Augusta or by Augusta without the express prior written consent of the Customer, except that Augusta without the consent of the Customer may assign and delegate any of its rights and obligations under this Agreement or subcontract the performance of any services to be rendered hereunder to any corporation or other entity which controls, or is controlled by, or is under common control with Augusta. 10.02 Force Majeure -The obligations of Augusta hereunder are subject to and excused in the event of the occurrence of any contingency beyond its reasonable control including, without limitation, (i) strikes, riots, wars, acts of God, accidents, (ii) compliance with any law, regulation, order or decree, and (iii) the denial, loss, suspension, expiration, termination, revocation or failure of issuance or renewal of any permit, license of other governmental approval required to construct and/or operate the Augusta Landfill. 10.03 Governing Law – This Agreement shall be governed by the laws of the State of Georgia. 10.04 Notices - Any notice which is permitted or required under this Agreement shall be duly given if in writing and either delivered personally to the person whom it is required to be given or sent registered or certified mail, return receipt requested, postage prepaid as follows: If to Customer: Inland Waste Solutions Chief Financial Officer 7241 Delainey Court Lakewood Ranch, Florida 34240 With Copy: Inland Waste Solutions General Manager 3925 Goshen Industrial Blvd Augusta, Georgia 30906 If to Augusta: Augusta, Georgia Environmental Services Department 4330 Deans Bridge Road Blythe, Georgia 30805 8 With copy: Augusta Georgia Office of the Mayor 535 Telfair Street, Suite 200 Augusta, Georgia, 30901 Each Party shall have the right, from time to time, to designate a different address by notice given in conformity with this Section. 10.05 Severability - In case anyone or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect or its inclusion shall result in the invalidity, illegality or unenforceability of this Agreement, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein; provided, however, that it is the intention of the Parties hereto that in lieu of each term, clause, or provision that is help to be invalid, illegal or unenforceable, there shall be added as a part of this Agreement a term, clause or provision as similar in terms to such invalid, illegal or unenforceable term, clause or provision as may be possible and be valid, legal or enforceable. 10.05 Cumulative Remedies -all rights, remedies and powers shall be deemed cumulative and not exclusive of any rights, remedies or powers available. No delay or omission to exercise any right, remedy or power shall impair such right, remedy or power or shall be construed to be a waiver of any breach or any acquiescence therein. Any such right, remedy or power may be exercised from time to time, independently or concurrently, and as often as shall be deemed expedient. No single or partial exercise of any right, remedy or power shall preclude other or further exercise thereof. In the event of a material breach of this Agreement by either Party, the non- breaching Party shall have all rights and remedies available under the laws of the State of Georgia, including the right to require that this Agreement be performed in accordance with its written terms and conditions. All claims, disputes and other matters in question between the Seller and the Buyer arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Buyer, by executing this Agreement, specifically consents to venue in Augusta and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 10.06 Independent Contractor/No Agency – Customer will act hereunder as an independent contractor and not as an agent of the Augusta. Further, the Customer is not an agent of Augusta or empowered or authorized to obligate Augusta in any way. 9 10.07 Open Records Act - The Parties shall comply with the Georgia Open Records Act, O.C.G.A. §§ 50-18-70 et seq. 10.08 Entire Agreement - This Agreement constitutes the entire agreement and understanding between the Parties relating to the subject matter hereof and cancels and supersedes all prior negotiations, representations, proposals, understandings and agreements, either written or oral, relating to the subject matter hereof. 10.09 Modifications and Waiver – The Parties must mutually agree upon any changes in the Agreement and must be incorporated by written amendments to the Agreement. The Augusta Administrator or their designee shall have the authority to amend the Agreement on behalf of Augusta. This Agreement shall not be modified, altered, changed or amended unless in writing and signed by the Parties. [SIGNATURES ON THE FOLLOWING PAGE] EXECUTED by their duly authorized representatives, who hereby certify that their signatures below bind the Parties to the terms and conditions of this Agreement, as of the day and year first above written. INLAND WASTE SOLUTIONS AUGUSTA, GEORGIA By: By: Printed Name: Printed Name: Title: Title: ATTEST: ATTEST: By: By: 10 Printed Name: Printed Name: Title: Title: Engineering Services Committee Meeting 3/12/2019 1:10 PM Approve the Landfill Disposal Agreement with Inland Waste Solutions and the Execution of the Agreement by the Mayor Department:Environmental Services Presenter:Lori Videtto Caption:Approve the Landfill Disposal Agreement with Inland Waste Solutions and approve the execution of the Agreement by the Mayor. Background:Inland Waste Solutions is one of the landfill’s largest customers, based on tonnage into the facility, and has been for some years. As a means of solidifying this relationship, Augusta Environmental Services is requesting an Agreement be approved so that a minimum tonnage is guaranteed to come to the landfill, at a set rate structure for a defined period of time. Analysis:Augusta’s landfill generates revenue by garbage coming into the facility. Having an Agreement in place with one of the facility’s top ten customers will allow the landfill to better project revenues each year, and guarantees that garbage continues to come to the Landfill. At this time, ESD has negotiated an Agreement with Inland Waste and is seeking approval of such. This allows the landfill to know the minimum tonnage the customer will bring to the facility each year, allowing for more accurate budgeting of revenues and operational expenses; most importantly, it insures no loss of tonnage to the facility. Financial Impact:Inland Waste brings approximately 1400 tons to the landfill each month. This generates revenues of approximately $600,000 per year. It is to Augusta’s benefit to solidify and grow this relationship via a disposal agreement. An agreement of this kind further encourages the use of the Augusta landfill by Inland. Alternatives:Do not approve the Agreement and request ESD renegotiate the terms of such. Recommendation:Approve the Agreement as written. Funds are Available in the Following Accounts: No funds are needed at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Department of Information TechnologyGeospatial Information Solutions (GIS) Division535 Telfair St Bldg 2000 | Augusta, GA 30901www.augustaga.gov/gis | gis@augustaga.gov Like, Follow, Share #AugustaGIS µ Augusta, GA Print Date Nov 27, 2018 Augusta, GA Disclaimer The data represented on this map has been compiled by the bestmethods available. Accuracy is contingent upon the sourceinformation as compiled by various agencies and departmentsboth internal and external to the consolidated government ofAugusta, GA. Augusta, GA and the companies contracted todevelop these data assume no legal responsibilities for theinformation or accuracy contained on this map. It is strictlyforbidden to sell or reproduce these maps or data for any reasonwithout the written consent of the Augusta Commission. 1 inch = 100 feetMap Scale Engineering Services Committee Meeting 3/12/2019 1:10 PM Bussey Road Paving Update Department:Engineering Presenter:Hameed Malik Caption:Receive update regarding Bussey Road Right-of -Way Acquisition. Background:On November 27, 2018, Augusta Commission, Engineering Services Committee tasked Augusta Engineering Department (AED) to verify ownership of Bussey Road and report back determination of whether the property owners will allow for the acquisition of right-of-way (ROW) by the City. Analysis:In April 1998, Augusta Commission added Bussey Road (EXHIBIT A) on unpaved road list with assumption that since the old city had maintained it, that makes it dedicated under the law by the act of maintenance. As directed by the Augusta Commission Engineering Services Committee on 11/27/2018, AED Land Acquisition staff made attempts to contact owners of parcels abutting Bussey Road. A total of nine (9) parcels were identified (EXHIBIT B). The staff was able to contact four property owners and still attempting to locate five others or determine heirs. Out of four contacted owners, only one property owner is willing to donate, the rest are not willing to donate. Financial Impact:N/A Exhibit Alternatives:N/A Recommendation:Adopted minimum standards for paving dirt road (EXHIBIT C) shall be maintained. Presently Bussey Road is not meeting those standards. Given this AED is recommending to table paving of Bussey Road. Funds are Available in the N/A Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Project: Owner:Augusta Utilities Department - Augusta, GA P.I. #220680 Date: 1/25/2019 ITEM DESCRIPTION UNIT EST QTY UNIT COST TOTAL S-1A 8” diameter PVC sanitary sewer pipe SDR 35, Depth 0’ to 6’, including Type II (No. 67 stone) bedding material LF 1029 100.00$ 102,900.00$ S-1B 8” diameter PVC sanitary sewer pipe SDR 35, Depth 6’ to 8’, including Type II (No. 67 stone) bedding material LF 650 110.00$ 71,500.00$ S-1C 8” diameter PVC sanitary sewer pipe SDR 35, Depth 8’ to 10’, including Type II (No. 67 stone) bedding material LF 420 125.00$ 52,500.00$ S-1D 8” diameter PVC sanitary sewer pipe SDR 35, Depth 10’ to 12’, including Type II (No. 67 stone) bedding material LF 368 135.00$ 49,680.00$ S-1E 8” diameter ductile iron sanitary sewer pipe Class 350 w/Protecto 401 lining, Depth 0’ to 6’, including Type II (No. 67 stone) bedding material LF 45 150.00$ 6,750.00$ S-1F 8” diameter ductile iron sanitary sewer pipe Class 350 w/Protecto 401 lining, Depth 10’ to 12’, including Type II (No. 67 stone) bedding material LF 82 165.00$ 13,530.00$ S-6A Pre-cast sanitary manhole, GA DOT STD 1011A, Type 1, Depth 0' to 6' (48" Diameter)EA 10 4,000.00$ 40,000.00$ S-7A Additional sanitary manhole depth, Type 1, Depth Class 1 (48" Dia.)VF 12 500.00$ 6,000.00$ S-7B Additional sanitary manhole depth, Type 1, Depth Class 2 (48” Dia.)VF 16 600.00$ 9,600.00$ S-8A 48” Diameter sanitary manhole exterior joint wrap EA 15 100.00$ 1,500.00$ S-10 Outside Drop Piping – Complete EA 2 1,500.00$ 3,000.00$ S-11 Doghouse/Connector Manhole, including base, cone, and ring and cover EA 5 8,000.00$ 40,000.00$ S-13B Sanitary sewer service short side connection EA 25 2,000.00$ 50,000.00$ S-14 Concrete encasement of sanitary sewer (creek crossings, etc.)CY 1 500.00$ 500.00$ S-17 Cut and plug existing sanitary sewer, diameter varies EA 12 500.00$ 6,000.00$ S-18 Abandon manhole EA 13 1,000.00$ 13,000.00$ S-19 Adjust manhole to grade EA 10 300.00$ 3,000.00$ W-1 8" diameter ductile iron water transmission main Class 350, standard joint LF 6,522 40.00$ 260,880.00$ W-2A 8" diameter ductile iron water transmission main Class 350, restrained joint LF 1,010 50.00$ 50,500.00$ W-2B 20" diameter ductile iron water transmission main Class 300, restrained joint LF 693 150.00$ 103,950.00$ W-4A 2" MJ 90° Bend EA 1 100.00$ 100.00$ W-4B 8" MJ 11.25° Bend EA 4 400.00$ 1,600.00$ W-4C 8" MJ 22.5° Bend EA 4 400.00$ 1,600.00$ W-4D 8" MJ 45°Bend EA 20 400.00$ 8,000.00$ W-4E 8" MJ 90° Bend EA 4 400.00$ 1,600.00$ W-4F 8"x8" MJ Tee EA 11 500.00$ 5,500.00$ W-4G 8" Cap EA 10 200.00$ 2,000.00$ W-4H 8"x6" MJ Reducer EA 15 400.00$ 6,000.00$ W-4I 8" Restraining Split Glands EA 30 100.00$ 3,000.00$ W-4J 10"x10" MJ Tee EA 2 600.00$ 1,200.00$ W-4K 10"x8" MJ Reducer EA 2 500.00$ 1,000.00$ W-4L 20" MJ 11.25° Bend EA 1 1,000.00$ 1,000.00$ W-4M 20" MJ 45° Bend EA 7 1,000.00$ 7,000.00$ W-4N 20" MJ 90° Bend EA 1 1,000.00$ 1,000.00$ Preliminary Opinion of Probable Construction Cost Utility Relocations for GDOT SR 4/15th Street Improvements For Augusta Utilities Department - Augusta, Georgia 30901 Relocation of water and sewer utilities located in the proposed project area for the GDOT SR4 / 15th St. Road Improvement Project Project Description Utility Relocations for GDOT SR 4/15th Street Improvements WKD Project No: 20170012.01.AG Water Sewer Utility Relocations for GDOT SR 4/15th Street Improvements WKD No. 20170120.01.AG Opinion of Cost Page 1 of 2 ITEM DESCRIPTION UNIT EST QTY UNIT COST TOTAL W-4O 20"x8" MJ Tee EA 4 1,200.00$ 4,800.00$ W-4P 20" Cap EA 2 400.00$ 800.00$ W-4Q 20" Bell joint restraint EA 10 500.00$ 5,000.00$ W-4R 6" Cap EA 15 100.00$ 1,500.00$ W-5 Fire hydrant, installed complete with valve, lead pipe, joint restraint, and blocking EA 10 4,000.00$ 40,000.00$ W-6A 8" in-line gate valve, including valve box, installed, complete, open right EA 46 1,500.00$ 69,000.00$ W-6B 10" in-line gate valve, including valve box, installed, complete, open right EA 3 3,500.00$ 10,500.00$ W-7 20" horizontal in-line gate valve, including valve box, installed, complete, open right EA 2 10,000.00$ 20,000.00$ W-10A 10"x8" Tapping Sleeve and Valve EA 1 5,000.00$ 5,000.00$ W-10B 2" Service Saddle and Valve EA 3 200.00$ 600.00$ W-14A New 1" short side water service, installed, including re-connection, complete EA 37 3,000.00$ 111,000.00$ W-14B New 2" short side water service, installed, including re-connection, complete EA 1 3,500.00$ 3,500.00$ W-15 Polyethylene pipe wrap LF 750 10.00$ 7,500.00$ W-16 Tie-in to existing line EA 12 2,500.00$ 30,000.00$ W-18 Abandon valve EA 10 300.00$ 3,000.00$ W-19 Adjust valve box to grade EA 5 100.00$ 500.00$ W-20 Adjust water meter to grade EA 5 3,000.00$ 15,000.00$ W-21 20" Line Stop EA 2 25,000.00$ 50,000.00$ W-22 Remove existing fire hydrant EA 9 200.00$ 1,800.00$ M-1 Flowable Fill CY 150 50.00$ 7,500.00$ M-2 Class A Concrete CY 50 100.00$ 5,000.00$ TOTAL COST =1,317,390.00$ Miscellaneous Utility Relocations for GDOT SR 4/15th Street Improvements WKD No. 20170120.01.AG Opinion of Cost Page 2 of 2 GDOT Contract ID No.: UATIA1901165 1 TRANSPORTATION INVESTMENT` ACT OF 2010 CONTRACT ITEM UTILITY AGREEMENT –Water and Sewer Facilities By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION and CITY OF AUGUSTA THIS AGREEMENT, made and entered into this day of 20 by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, and the City of Augusta, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY; WHEREAS, pursuant to O.C.G.A. § 48-8-240 et seq., the General Assembly adopted the Transportation Investment Act of 2010, which creates twelve (12) special districts of the State and authorized elections to be held in each special district which would allow each special district independently of any other district to approve and authorize the imposition of a special district transportation sales and use tax to fund transportation projects within the special district; and WHEREAS, on July 31, 2012, three (3) of the twelve (12) special tax districts voted to levy the special district sales and use tax by voter referendum: the Central Savannah River Area special tax district, the River Valley special tax district, and the Heart of Georgia Altamaha special tax district; and WHEREAS, in accordance with O.C.G.A. § 48-8-249(b)(1) and an Intergovernmental Agreement between the DEPARTMENT and the Georgia State Financing And Investment Commission, dated January 1, 2013, the DEPARTMENT is authorized to manage the execution, schedule, budget and delivery of the Projects on the Approved Investment List(s) for the special districts; and WHEREAS, the DEPARTMENT desires to construct SR 4/15th Street Widening in Richmond County, PROJECT NUMBER RC07-000147, P.I. 220680-, hereinafter referred to as the "PROJECT"; and WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY; and WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water and sewer facilities in its highway construction contract as shown on the attached plans; and WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water and sewer facilities; and WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; and WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work; NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed: 1. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility. GDOT Contract ID No.: UATIA1901165 2 2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY. 3. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement. 4. The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices. 5. In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items. 6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions. 7. Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition. 8. The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The DEPARTMENT shall bear 100% of the cost of work performed on the LOCAL AGENCY’s facilities. 9. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 10. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] GDOT Contract ID No.: UATIA1901165 3 IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF COMPANY TRANSPORTATION _________________________________ __________________________________ Commissioner (Seal) City of Augusta, (Seal) __________________________________ Name and Title Attest: __________________________________ __________________________________ Witness Treasurer Signed, sealed and delivered This ____ day of ___________, 2016, in the presence of: ___________________________________ Notary Public Attest: __________________________________ Name and Title __________________________________ Federal Employer Identification Number GDOT Contract ID No.: UATIA1901165 4 GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Name of Contracting Entity: City of Augusta Contract No. and Name: UATIA1901165 TRANSPORTATION INVESTMENT ACT OF 2010 CONTRACT ITEM UTILITY AGREEMENT By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10- 91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service. ________________________________ E-Verify / Company Identification Number ___________________________________ Signature of Authorized Officer or Agent _________________________________ Date of Authorization ___________________________________ Printed Name of Authorized Officer or Agent ____________________________________ Title of Authorized Officer or Agent ____________________________________ Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _____ DAY OF ______________________, 201_ ________________________________________ [NOTARY SEAL] Notary Public My Commission Expires: ___________________ Engineering Services Committee Meeting 3/12/2019 1:10 PM Contract Item Utility Agreement with Georgia Department of Transportation for GDOT Project PI 220680 SR4/15th Street Widening – Milledgeville to Government Road Department:Augusta Utilities Department Presenter:Tom Wiedmeier Caption:Approve execution of Contract Item Utility Agreement to include Augusta Utilities Department’s water and sanitary sewer relocations in the Georgia Department of Transportation contract, through competitive bidding, for GDOT Project PI 220680 SR4/15th Street Widening – Milledgeville to Government Road. Background:The Georgia Department of Transportation is widening and improving 15th Street between Martin Luther King, Jr. Blvd. and Government Road. Due to these improvements, Georgia DOT will need to relocate existing lines that are in conflict with the GDOT project. Augusta Utilities provided a plan to address the utility conflicts and the necessary relocations will be paid for by GDOT. Analysis:Approving this Contract Item Utility Agreement will allow GDOT and Augusta Utilities Department to move forward with the plans to include the relocation of the water and sewer in the GDOT project. Financial Impact:At this time, there will be no financial impact. Alternatives:No alternatives are recommended. Recommendation:Augusta Utilities Department recommend the Commission agree to the terms of the Contract Item Utility Agreement with GDOT and request the Mayor’s signature. Funds are Available in the At this time, there will be no financial impact. Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting Commission Chamber - 212612019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; M.Williams, Chairman; Hasan, Vice Chairman; Garrett, member. Absent: Hon. Frantom, member. ENGINEERING SERVICES 1. Approve the Award of Bid Item 18-302 - Household Hazardous Waste Item Materials Collection Events to Tradebe Environmental Services. Action: Approved Motions fr'J:"' Motion rext Made Bv Motion to ^ aDDrove.APProve votion Passes 3-0. Commissioner Commissioner Brandon Garrett Ben Hasan Passes Seconded By Motion Result 2. Discuss city's goat program. (Requested by Commissioner Marion ItemWilliams) Action: Approved Motions [|j:" Motion Texr Made By seconded By Motion r YPe r - -------- -'1 Result Approve Motion to approve Commissioner Commissioner Passes cancelling the goat Ben Hasan Brandon program and that the Garrett Director come back with a solution on how the issue will be addressed regarding cutting, mitigating and cleaning the retention ponds. Motion Passes 3-0. 3. Motion to approve the minutes of the Engineering Services Committee held Item on February 12,2019. Action: Approved 4. Motion approve additional services with Merrick & Company (Mclaughlin Item Whitewater Design Group) in the amount of $75,000. (Referred back to Action: committee from Commission Meeting held February lgr2019) Approved Motions f#:'" Motion rext Made Bv Motion to ^ aDDrove.APProve votio, passes 3-0. Motions Motion Motion TextI ype Motion to approve a limited scope of funding in the amount of $30,000 ^ for Option l-l forAPProve services r'om Merrick & CompanJ,and Cranston Engineering Group Motion Passes 3-0. seconded By Motion Result Commissioner Commissioner Brandon Garrett Ben Hasan Passes Made By Commissioner Brandon Garrett seconded By f;tjil Commissioner Ben Hasan Passes 5. Approve the deeds of dedication, maintenance agreements, and road ltem resolutions submitted by the Engineering and Augusta Utilities Departments Action:for Southampton Subdivision, Section Six, including utility and access Approved easement for discharge of stormwater (ponds not being dedicated at this time). Motions Motion Type Approve Motion Text Motion to approve. Made By Commissioner Ben Hasan Seconded By Commissioner Brandon Garrett Motion Result Passes Motion Passes 3-0. 6. Update from the Engineering Department staff regarding Kratha Drive's Item sidewalks in front of Wilkinson Gardens Elementary School. (Requested by Action: Commissioner Marion Williams) Approved Motions X:tl" Motion Text Made By seconded By Motion'l'ype Result Motion to approve a _-^-^_-^ receiving this item Commissioner CommissionerApprove as-information. Ben Hasan Brandon Garrett Fails Motion Fails 2-1. www.augustaga.gov Engineering Services Committee Meeting 3/12/2019 1:10 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on February 26, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 3/12/2019 1:10 PM private parking on public parking facilities Department: Presenter:Commissioner Marion Williams Caption:Designation of private parking on public parking facilities. (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 3/12/2019 1:10 PM Receive as Information an update from the Environmental Services Department regarding Recycling and the status of the Allied Energy Waste Reclamation Facility Project Department:Environmental Services Presenter:Lori Videtto, Dean Alford - Allied Energy Caption:Update from the Environmental Services Department regarding Recycling and the status of the Allied Energy Waste Reclamation Facility Development. Background:At a previous meeting, the Augusta Commission requested updated information regarding the status of the recycling program in Augusta, and the future outlook for the program. Along with that update, it is also an opportune time to update the Commission on the status of the Allied Energy facility that is in the works, since that project will have an impact on the recycling program. In 2017, Augusta entered into a lease agreement with Allied Energy to develop a waste reclamation facility on a portion of the Augusta landfill property. Permitting and design have been ongoing; and site preparation is underway. Mr. Dean Alford will provide an update on this project. Analysis:The recycling program in Augusta encompasses not only the materials collected in bins at the curb (paper, plastic, metal), but also large metal items, electronics, automotive fluids, glass, and tires. Some items can be diverted from the landfill for no cost, some provide a source of income, and others - such as tires, are expensive to recycle but cannot be placed into the landfill. Financial Impact: Alternatives: Recommendation:Receive as information. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission OFFICIAL VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies SOUTHERN SERVICES 2630 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 YES 608439 YES YES YES UNIVERSAL PLUMBING 2415 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 YES 475934 YES YES YES EARL BABBITT INC 1128 ELLIS STREET AUGUSTA, GA 30901 Yes EXEMPT YES YES YES STARK PLUMBING 106 HAMPTON TERRACE NORTH AUGUSTA, SC 29841 YES 1113019 YES YES YES Total Number Specifications Mailed Out: 24 Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Mandatory Pre-Proposal/Telephone Conference Attendees: Total packages submitted: 4 Total Noncompliant: 1 Qualification Opening RFQ Item #16-205 Sanitary Sewer Connection Services- Task Order Phase II for Augusta, Georgia - Utilities Department RFQ Due: Tuesday, July 26, 2016 @ 11:00 a.m. Page 1 of 1 Engineering Services Committee Meeting 3/12/2019 1:10 PM Sanitary Sewer Connection Program - RFQ 16-205 Department:Utilities Presenter:Tom Wiedmeier Caption:Approve Budget Increase of $1,000,000 for the Sanitary Sewer Connection Program - RFQ 16-205 awarded to Southern Services and Universal Plumbing. Background:The Sanitary Sewer Connection Program (RFQ 16-205) connects new customers to Augusta’s sewer system for a nominal fee. Many of these customers are unable to bear the expense of re-plumbing their drain line, and therefore would not connect to the system without this program. Analysis:The program has resulted in 610 new customers to date, representing an estimated $300,000 in new revenue each year. $1,000,000 is programmed annually in our Capital Improvements budget. Financial Impact:1,000,000.00 in funds are available from account G/L 507043420-5425210 J/L 81500070-5425210 Alternatives:Do not approve Recommendation:Recommend Commission approve funding increase Sanitary Sewer Connection Program in the amount of $1,000,000.00 Funds are Available in the Following Accounts: $1,000,000.00 from account G/L 507043420-5425210 J/L 81500070-5425210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 3/12/2019 1:10 PM The railroad crossing at 6th Street. Department: Presenter:Commissioner Marion Williams Caption:Discuss the railroad crossing at 6th Street. (Requested by Commissioner Marion Williams - referred from March 5 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 3/12/2019 1:10 PM Wilkinson Gardens Elementary School Department: Presenter: Caption:Update from the Engineering Department staff regarding Kratha Drive's sidewalks in front of Wilkinson Gardens Elementary School. (No recommendation from Engineering Services Committee February 26, 2019 - referred from March 5 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: