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HomeMy WebLinkAbout2022-10-11-Meeting Minutes Engineering Services Committee Meeting Commission Chamber - 10/11/2022 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Garrett, Chairman; Hasan, Vice Chairman; Johnson and McKnight, members. ENGINEERING SERVICES 1. Approve supplement funds in amount of $147,689 to be added to awarded Bid to Yancy Brothers for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Catherine Smith- McKnight Passes 2. Motion to approve the minutes of the Engineering Services Committee held on September 27, 2022. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Jordan Johnson Commissioner Catherine Smith- McKnight Passes 3. Receive a report/update from the Engineering Department regarding the infrastructure in the Monte Sano Area. (Referred from September 27 Engineering Services Committee) 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 Catherine Smith-McKnight Commissioner Jordan Johnson Passes 4. Intergovernmental Agreement for design, construction and financing of rail spur between Augusta, Georgia and Development Authority of Augusta, Georgia. (Requested by the Administrator) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result It was the consensus of the committee that this item be added to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Catherine Smith- McKnight Commissioner Ben Hasan Passes www.augustaga.gov Engineering Services Committee Meeting 10/11/2022 1:10 PM Attendance 10/11/22 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 10/11/2022 1:10 PM Landfill Compactor Purchase Bid 22-190 Department:Engineering Presenter: Caption:Approve supplement funds in amount of $147,689 to be added to awarded Bid to Yancy Brothers for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD. Background:Bids were received on March 31, 2022 with Yancey Brothers (Yancey) being the qualified responsible bidder. Accordingly bid was awarded to Yancey Brothers. Yancy quoted price included equipment delivery twelve months (12) lead time. However quoted price was based on Caterpillar 2022 pricing schedule. In August 2022 Caterpillar announced price increase in January and July 2023 that total to 16% ($295,378) of 2022 list price. Analysis:Augusta Landfill operation is a daily eleven-hour waste intake operation and current equipment is aging and frequently down for maintenance. Yancey offered splitting escalated amount and Landfill has to pay only half of increased amount of $295,378, that is $147,689. To avoid further delay getting needed compactor, in staff opinion sharing additional cost half/half is good path forward. Financial Impact:Funds in amount of $147,689 are available in Environmental Services Operation FY2022 budget (541044210/5422510). Alternatives:Cancel Bid and find alternate options for purchasing this equipment. Recommendation:Approve supplement funds in amount of $147,689 to awarded Bid to Yancy Brothers for Landfill Compactor Purchase. Bid 22-190 / Requested by AE&ESD. Funds are Available in the Following Accounts: ($147,689) 541044210-5422510 – Solid Waste Funds REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services committee Meeting commission chamber - 9 lz7 l20zz ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Garrett, Chairman; Hasan, Vice Chairman; Johnson and McKnight, members. ENGINEERING SERVICES 1. Motion to approve Supplement funding (SA2) to Clark Pafferson Lee (CPL) in the amount of $25,000 Item for the 6th Street Improvements Construction Phase Services (CEI). Requested by Engineering / RFP l8- Action:279. Approved ^ . Motion to approve. rApprove iili;; ir;JJ, l--0. Commissioner Jordan Johnson Commissioner Ben Hasan Passes 2. Motion to approve award of Augusta Right-of-Way Routine Maintenance Vegetation Control and Mowing Contract to Augusta Lawn & Turf, LLC, Winsay, Rise & Shine Lawncare, Augusta Quality, and Bulldog Cuts. The Contract is for three years with renewal option of two additional years. Award is contingent upon receipt of procurement documents, signed contracts and proper bonds. Effective January 1,2023, also Approve $3,200,000 to fund the proposed On-Call Maintenance Vegetation Control and ROW Mowing Services . requested by AE&ES. RFP 22-152 Motions Motions Motion Type Motion Text Made By Motion Type Motion Text Made By Seconded By Seconded By Seconded By Motion Result Motion Result Item Action: Approved Item Action: Approved Item Action: Approved ^ Motion to approve. rApprove M;;il ir;;lJ,l_-0. Commissioner Ben Hasan Commissioner Jordan Johnson Passes 3. Motion to approve Supplemental funding (SAl) for Engineering Phase of Design Consultant Contract to Infrastructure Systems Management,LLc in the amount of $ 147,866 for the Greene Street Improvements project. Requested by Engineering / RFP 18-312. Motions Motion Type Motion Text Made By Motion Result a . . . Motion to approve. rApprove M;;;;; i,;IJ. J_j. Commissioner Jordan Johnson Commissioner Ben Hasan Passes 4. Motion to approve entering into an agreement with (CSXT) CSX TRANSPORTATION, NC. Company stating that Augusta, GA will pay for the Construction Engineering, Inspection, and Flagging protection services, for the Highland Ave. over CSX Railroad Bridge Repair & Restoration Projeci in-atcordancewith the estimate $173,716.00. Also, approve the Construction Agreement to be executed by the Augusta, GA Legal Counsel and the Mayor requested by Engineering. ' Motion to approve' Commissioner Jordan Johnson Commissioner Ben Hasan PassesApprove Motion p..r.r 4-0. L 5. Motion to approve the minutes of the Engineering Services Committee September 13,2022. Motions Motion Type Motion Text Motions Motion Type Motion Text Made By Made By Seconded By Seconded By Motion Result Motion Result Item Action: Approved Item Action: Approved Item Action: Approved Item Action: Approved Motion to approve' Commissioner Jordan Johnson commissioner Ben Hasan PassesAPProve Motion pu.... 4-0. L 6. Ms. Sameera V. Thurmond relative to overgrowth located between Goldfinch Drive and Ravenwood Street. Made Seconded Motion By By Result It was the consensus of the committee that this item be received as information without objection. 7. Motion to approve award of RFP 22-208 Augusta Roadway Routine Maintenance Repairs and Emergency Construction Contract to Georgia Carolina Paving Company, and Beams Contracting. The Contract is for three (3) years with a renewal option of two (2) additional years. Award is contingent upon receipt of Procurement documents, signed contracts and proper bonds. Effective January 1,2023, requested by AE&ES. Also a request to approve $215,000 to fund the proposed On-Call Maintenance Vegetation Control and ROW Mowing Services RFP 22-208. Motions Motion Motion Textrype seconded By ffitjil Motion to approve with the last sentence to read "approve $215,000 to fund the Commissioner ^Approve p.opor.d Roadway Routine Maintenance Catherine Smith- :;T#T:iffi; Passes Repairs and Emergency Construction". McKnight Jc Motion Passes 4-0. 8. Motion to approve supplemental funding for various Tasks under Final Design Phase of Engineering Consultant Agreement to WK Dickson & Co., Inc. in the amount of $99,800.00 for Wilkinson Garden Area Roadway Drainage Improvements as requested by AED. RFQ 07-114. Motions Motion Motion Textr ype Made By Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Moti Motion Passes 4-0.lon !o approye^' commissioner Jordan Johnson commissiioner Ben Hasan Passes 9. Discuss Monte Sano Area Infrastructure. (Requested by Commissioner Jordan Johnson) Motions Motion Type Motions Motion Type Item Action: Rescheduled Motion Text It was the consensus of the committee that this item be added to the agenda. Motion Text Made By Seconded By Made SecondedBv Bv Commissioner Catherine Smith- McKnight Motion Result Motion Result PassesApprove Motion to task the Engineering Department with looking into the issue of tree roots destroying the sidewalks in this area and Commissioner report back to the committee in two weeks Jordan Johnson with a recommendation. Motion Passes 4-0. w\\'w.augustasa. sov Engineering Services Committee Meeting 10/11/2022 1:10 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on September 27, 2022. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 10/11/2022 1:10 PM Monte Sano Area Infrastructure Department: Presenter: Caption:Receive a report/update from the Engineering Department regarding the infrastructure in the Monte Sano Area. (Referred from September 27 Engineering Services Committee) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Lena Bonner From: Sent: To: Cc: Subject: Attachments: Takiyah A. Douse Monday, October 10,2022 3:20 PM Lena Bonner Natascha Dailey; Tanikia iackson Engineering Services Agenda AEDA Augusta Corporate Park TIA Rail Project Profile.docx; Rail Spur IGA v12.docx;TtA I Rail Project v2.docx Ms. Bonner, Please add the attached agenda item to the Engineering Services Committee Agenda scheduled on Tuesday, October 11,2022. Thanks, Takiyah A. Douse I Interim Administrator Augusta - Richmond County 535 Telfair Street Augusta, Ga 30901 (p) 706-821-2400 t (f) 706-827-2819 TDouse@augustaga. gov I www.augustaea. gov lhis e-nrail contains confidential informalion and is intended only for lhe individual named. lf you are not the named addressee, you sliould not disseminate, distribule or copy this e-mail. Please notify the sender immediately by e-mail if you have received lhis e-mail by mistake and delete this e-mail from your syslem. The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taken on the basis of the information provided, unlessthat information is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the City of Augusla. E-mail transmissions cannot be guaranteed lo be secure or error-{ree as informalion could be inlercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain vrruses. The sender tl'rerefore does nol accepl liability for any errors or omissions in the conlent of this message which ariie asa result of the e-mail transmission. lf verification is requrred, please request a hard copy version. AED:104 1 INTERGOVERNMENTAL AGREEMENT FOR DESIGN, CONSTRUCTION AND FINANCING OF RAIL SPUR between AUGUSTA, GEORGIA and DEVELOPMENT AUTHORITY OF AUGUSTA, GEORGIA Dated as of 2022 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. AGREEMENT FOR DESIGN. CONSTRUCTION AND FINANCING OF RAIL SPT]R THIS AGREEMENT FOR DESIGN, CONSTRUCTION AND FINANCING OF RAIL SPUR (this "Agreement") is made and entered into as of the _ day of _ 2022, by and between AUGUSTA, GEORGIA, a political subdivision of the-Sat, bf Crorgiu (the "iity") and the DEVELOPMENT ALI-IHORITY OF AUGUSTA, GEORGIA, d/bla Augusta Economic Development Authority ("AEDA"). RECITALS WHEREAS, the Georgia Department of Transportation (*DOT") has approved a project (the "Project") known as the ACP Rail Lead Tract known as DOT Project Number RC07-0165; WHEREAS, the Project is on the approved investment list of the Central Savannah River Area Special District (the "Special District") as approved by the final regional transportation roundtable for the Special District; WHEREAS, the Project involves the construction of a 1.3-mile rail spur connecting the Augusta Corporate Park ("Park") to the Norfolk Southern rail line; WHEREAS, the Project is a Band I project with design and construction anticipated to begin in 2023; WHEREAS, the Project shall be partially funded under the Georgia Transportation Investment Act of 2010, O.C.G.A. $ 48-8-240, et seq., as amended ( "TIA") from the collection by the Georgia Departnent of Revenue of the special district sales and use tax thereunder ("Tax Receipts") from the Special District; WHEREAS, the Georgia State Financing and Investrnent Commission (the "Commission") is responsible for dispensing funds derived from the Tax Receipts (such funds, the "Tax Receipts Funds") to DOT. As used herein, references to Tax Receip Funds are only to Tax Receipt Funds designated by DOT for the Project. DOT is responsible for using Tax Receipts Funds, dispensed to DOT by the Commission and designated by DOT for the Project, to reimburse the City (such reimbursements, the "Contract Revenues") for Eligible Project Costs (defined below) incurred by the City, in an amount not to exceed $13,000,000.00 less any fees imposed by DOT) in the aggregate; WHEREAS, it is important to the City that construction of the Project commence prior to the originally planned construction start date :.rr,2023, and if the City undertakes the Project, it is important to both the City and AEDA that construction of the Project begin in 2022 in order to be completed as expeditiously as possible; WHEREAS, in order to start the Project as soon as reasonably possible, temporary funding for the Project is needed as the timing and amount of Tax Receipts Funds to be received by the City are anticipated to lag behind the timing and amount of payment submissions (each, a "Draw Request") by the General Contractor (defined below) to AEDA; WHEREAS, as used herein, "Eligible Project Costs" means those costs that under O.C.G.A. $548-8-249 (which, among other things, defines "cost of project") and 48-8-242, part of TIA, are reimbursable by the use of Tax Receipts Funds, including, without limitation, the repayment of loans (including interest thereon and any other expenses of such loans) for the advance payment of such Eligible Project Costs; and WHEREAS, in order to keep the Project on the desired schedule, AEDA has agreed to design and construct the Project as well as to advance funds for the payment of Draw Requests and lnvoices (defined below) for the design and construction of the Project, which are to be approved as provided below; WHEREAS, City has agreed to reimburse AEDA up to $13,000,000.00 (less any fees imposed by DOT) out of Tax Receipts Funds designated by DOT for the Project for its payments for the Project of Draw Requests and other costs paid by AEDA that are Eligible Project Costs; and WpREAS, City and AEDA are entering into this Agreement in anticipation of, (a) the submission by City, as a local government wishing to deliver a TIA project, to DOT of a "Local Project Delivery Application" (the "Application") as required by O.C.G.A. $48-8-249(c) and the TIA Manual (defined Uetow;, (b) the approval by DOT of the Application, (c) the entry by DOT and the City into a related intergovernmental agreement (the *DOT-City IGA") as required by O.C.G.A. $48-8-249(c) and the TIA Manual, (d) the issuance by DOT to the City of a notice to proceed ("NTP") with respect to each phase of the Project when required by TIA orthe TIA Manual, and (e) the financing by AEDA of some or all of the Eligible Project Costs to be paid by it pursuant hereto through an issue of its revenue bonds ("Project Revenue Bonds"), which will be repaid solely out of the Pledged Security pledged thereto as described and defined below. Such submission of an Application satisfactory to both City and AEDA, such approval by DOT of the Application, such entry by the parties thereto into a DOT-City IGA that is satisfactory to both City and AEDA, such issuance by DOT of any required NTP with respect to a phase of the Project as described below, and such issuance by AEDA of the Project Revenue Bonds, are sometimes referred to herein as the "Construction Conditions" for each such phase. The Parties intend for this Agreement to constitute, in part, a subcontract from the City to AEDA for the perfonnance by AEDA of certain work related to the Project as described herein, and for the DOT-City IGA to allow such subcontracting, reimbursement of AEDA as contemplated herein, and the use of the Project Revenue Bonds. NOW, TIIEREFORE, for ten dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby covenant and agree as follows: 1. Contract to Desien and Construct Project. AEDA agrees, through a competitive bid process and in compliance with O.C.G.A. $36-91-1 et seq. (Public Works Bidding), to enter into a contract for the construction of the Project (the "Contract") with a general contractor (the "General Contractor"), provided, that at AEDA's option, its entry into the Contract or its incurring obligations thereunder shall be iubject to the satisfaction of applicable Construction Conditions. Prior to entering into the Contract, AEDA shall submit the Contract to the City's Administrator for approval. AEDC shall also procure, in accordance with appropriate competitive procurement policies and procedures of the City, necessary architects' and engineers'iervices for construction documents, bidding, and construction administration, and satisffing other appropriate TIA requirements as necessary. The City will utilize the services of these professionals to perform rrece.rury services, for the purpose of the certification by the City to DOT of the construction for reimbursement with TIA funds as required by TIA and the City-DOT IGA. Such certification for TIA purposes shall be by the City's Administrator, the City hereby delegating to its Administrator the authority to dt so, and/or, as appropriate, by the designated professional(s) or firm thereof. Ifnecessary for purposes of the TIA Manual, the City will designate the appropriate such professional or firm thereof as the "Engineer ofRecord" for the Project. 2. Desisn and Construction of the Project. AEDA agrees to construct the Project in accordance with the requirements of this Agreement and in compliance with all state and local laws and ordinances, and specifically in confonnity with TIA. In the event that AEDA breaches the foregoing agreement, the Ciiy shall be entitled as its exclusive remedies to sue for specific performance or to seek other available equitable remedies. 3. Applicable Laws. Rezulations and Standards. During the duration of the construction of the Project and the term of this Agreement, AEDA shall comply with, as applicable, the DOT Transportation lnvestment Act of 2010 Manual available on the DOT's website and as may be amended or supplemented from time to time to time and including addenda (hereinafter referred to as "TIA Manual") and other DOT standards and guidelines as may be applicable to the Project. 4. Notices to Proceed. The Project shall be coordinated, subject to the other terms and conditions of this Agreement, with the City's Engineering Department ("AED') and shall be carried on in accordance with the schedule, to be attached as "Work Schedule" to the DOT-City IGA, with the understanding that unforeseen events may make necessary some minor variations in that schedule. The City-DOT IGA must be satisfactory to both City and AEDA. No work on any phase of the Project (i.e., milestones or "hold points") listed below shall begin without AEDA's coordinating with AED and City's obtaining a written NTP from DOT when required for each of the following separate phases: (1) Preliminary Engineering Activities - Concept Report Approval (2) Preliminary Engineering Activities - Field Plan Review Approval (3) Right of Way- NTP (4) Construction Notice to Advertise (5) Construction Notice to Proceed-NTP City agrees to proceed without undue delay to obtain each NTP needed from DOT and to promptly provide AEDA with a copy of each NTP that it obtains. 5. Reporting. During each phase of the Project, AEDA must submit to AED a report in sunmary form of its work progress on a monthly basis. 6. Reimbursement of Draw Requests and Invoices. AEDA shall timely pay all proper requests for payment (each a "Draw Request") from the General Contractor required under the Contract and approved by AEDA, subject to retainage and the other provisions of the Contract. AEDA at its option may pay any other Eligible Project Costs, such as fees for the services of an architect or engineer, and submit an invoice (each, an "Invoice") to the City for same for reimbursement on the same terms and conditions of this Agreement that are appliable to Draw Requests. The City shall reimburse AEDA for all Draw Requests and Invoices (not to exceed $ 1 3,000,000.00 less any fees imposed by DOT) in the aggregate out of Tax Receipts Funds designated by DOT for the Project), the payment of which was advanced orpaid by AEDA. The City's reimbursement obligation is conditioned on AEDA providing a copy of each Draw Request or Invoice to be reimbursed to the City simultaneously or within ten (10) business days of its receipt and approval of such Draw Request, or, in the case of an lnvoice, within ten (10) business days of AEDA's paying the invoiced amount, and the approval by the City's Deputy Director - Finance (who is hereby delegated such authority by the City) of each such Draw Request or Invoice, such approval not to be unreasonably withheld or conditioned. The City shall deliver written notice to AEDA of the amount of each Draw Request or Invoice approved by its Deputy Director - Finance within five (5) business days of receipt of such Draw Request or Invoice. The parties understand that costs of a phase of the Project which requires a NTP from DOT but which were paid prior to issuance by DOT of the NTP are not eligible for reimbursement out of Tax Receipts Funds. Upon approval by City of each Draw Request or Invoice, City shall request payment of the amount of such Draw Request or Invoice from DOT, in the same manner and timing as City requests payment for draw requests from contractors for other TIA projects. Within ten (10) business days of receipt of any Tax Receipts Funds by City for the Project, City shall make the related reimbursement to AEDA, without any requirement that AEDA make a demand or request for such reimbursement. For so long as this Agreement is in effect, or AEDA has any liability, responsibility, or obligation under this Agreement, or any Project Revenue Bonds are outstanding, whichever is longer, City: a) shall take all action necessary to retain its right to receive the Tax Receipts Funds from DOT; b) shall not make any re-allocation, re-prioritization, or other action that would negatively impact the amount or timing of the Tax Receipts Funds; c) shall not transfer or assign the Tax Receipts Funds to any third party, provided that this restriction shall not affect Section 29, below, regarding the pledge by AEDA of the Contract Revenues; d) shall not apply any Tax Receipts Funds except as set forth in this Agreement; e) shall maintain the City-DOT IGA in fulI force and effect and neither take nor permit any action or omission that would cause a default on the part of the City thereunder or that could cause the loss or delay of the payment by GDOT of Tax Receipts Funds to the City as contemplated in this Agreement. AEDA acknowledges and agrees that the maximum reimbursement of Tax Receipts Funds designated by DOT for the Project is $13,000,000.00 (less any fees imposed by DOT) in the aggregate and is further subject to the funding policy attached hereto as Exhibit A. 7. Records. AEDA shall maintain a record of each and every expense, in compliance with the generally accepted accounting principles, for which reimbursement will be sought. AEDA shall submit quarterly accounting reports to City for expenditures related to the Project. Said accounting reports shall set forth the amounts expended on the Project during the term of this Agreement, which shall include any amount expended on such Project in that current year, and the estimated percentage of the completion of the Project. The initial report of expenditures regarding the Project shall be made within ninety (90) days of the letting of the Contract and quarterly thereafter until the end of the quarter in which the Project is completed. Quarterly reports are due within ten (10) business days following the end of each said quarter and shall be delivered to Augusta Finance Department, 530 Greene Street, Suite 800, Augusta Georgia 30901 to the attention of Mr. Timothy Schroer, Deputy Finance Director. 8. Procurement. ln addition to complying with all applicable DOT and federal procurement rules, regulations and policies, AEDA shall, subject to the other terms and conditions of this Agreement, comply with the purchasing policies of the City, to the extent not in conflict with or exceeded by TIA, and otherwise shall comply with its own purchasing policies, in each case to the extent not in conflict with DOT and/or federal rules, regulations and policies, regarding the advertising for bids, the securing of bids, and payment, performance bonds and contracting. g. Notices. All notices required by applicable law or agreement in any matter relating to this Agreement shall be deemed received (a) when personally delivered (to the person or department if one is designated); (b) two (2) business days following the date deposited with Federal Express, overnight U.S. maiior other national overnight courier, fees prepaid; or (c) three (3) days following the date deposited with U.S. certified or registered mail, return receipt requested, postage prepaid, and addressed in each such case to the parties at their respective addresses set forth below or such other single address as either party may designate in a written notice given as herein provided (except that a change of address notice shall not be effective until actual receipt). In case of the City to: Augusta, Georgia Augusta-Richmond County City County Municipal Building Suite 910 535 Telfair Street Augusta, Georgia 30901 Attn: City Administrator ln the case of AEDA to: Development Authority of Augusta, Georgia 1450 Greene Street suite 3500 Augusta, GA 30901 Attn: President With a copy to: Augusta Law Department Building 3000 535 Telfair Street Augusta, Georgia 30901 Attn: General Counsel With a copy to: Augusta Finance Department Suite 800 535 Telfair Street Augusta, Georgia 30901 Attn: Deputy Finance Director With a copy to: James C. Overstreet, Jr. Klosinski Overstreet, LLP 1229 Augusta West Parkway Augusta, Georgia 30909 10. Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. 11. Recitals. The recitals and any exhibits hereto are incorporated herein by reference and shall be considered part of this Agreement. 12. Severability. If any term orprovision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. 13. Entire Aereement. This Agreement constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement and the exhibits to this Agreement, the statements in the body of this Agreement will control. 14. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. Except as provided in Section 29, below, neither party may assign its rights or obligations hereunder without the prior written consent of the other party, and any purported assignment shall be ineffective and void ab initio. No assignment or purported assignment shall relieve the assigning party of any of its obligations hereunder. 15. No Third-party Beneficiaries. Except as provided in Section 29, below, this Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 16. Amendment and Modification. This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. 17 . Waiver. No alleged waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, my right, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 18. Govemins Law. This Agreement shall be govemed by and construed in accordance with the internal laws of the State of Georgia (the "State") without giving effect to any choice or conflict of law provision or rule (whether of the State or any other jurisdiction). 19 - Attorney's Fees. In the event of any litigation relating to this Agreement or the transactions described herein, the prevailing party shall be entitled to recover its reasonable attorney's fees and expenses from the non-prevailing party. 20. Submission to Jurisdiction. Any legal suit, action or proceeding arising out of or based upon this Agreement or the transactions contemplated hereby may be instituted in the federal courts of the Southern District of Georgia, Augusta Division, or the Superior Court of Richmond County, Georgia, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. 21. IRESERVEpI. 22. Specific Perforrnance: Other Remedies. The parties agree that irreparable damage would occur if any provision of this Agreement were not performed in accordance with the terms hereof and that the parties shall be entitled to specific performance of the terms hereof, in addition to any other remedy to which they are entitled at law or in equity. Without limitation, upon any failure by City to pay when due any amount required to be paid under this Agreement, AEDA or its assignee, including any corporate bond trustee, may take whatever action at law or in equity may appear necessary or desirable to collect said amounts payable by City hereunder. No remedy conferred upon or reserved to AEDA or its assignee, including any corporate bond trustee, (a) is intended to be exclusive of any other available remedy or remedies (including, but not limited to a writ of mandamus), but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. 23. Further Assurances. The parties hereto will use reasonable efforts to implement the provisions of this Agreement as may be reasonably deemed necessary to implement any provision of this Agreement. 24. Time is of the Essence. Time is of the essence of this Agreement. 25. Business Days. If any date or time period herein expires or matures on a Saturday, Sunday or date which is recognized as a holiday by the State, then such date or time period shall automatically be extended to the next available weekday (Monday through Friday) which is not so recognized as a holiday. 26. Construction. The parties acknowledge that the parties and their counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments hereto. Accordingly, this Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. Whenever required by the context of this Agreement, the singular shall include the plural and vice versa. When the context so requires, the neuter gender includes the feminine or masculine. 27. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, e-mail or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original signed copy of this Agreement. 28. Ownership of Project: Special Service District for Maintenance: Maintenance Revenue Bonds. a) In consideration of this Agreement and the on-going services to be performed by AEDA regarding the Project, ownership of each Project element shall vest in AEDA as it is constructed. b) ln order to provide for the maintenance of the completed Project over time, City agrees, at the request of AEDA, to: r)create a special tax or special assessment district ("SSD") as authorized by Ga. Const. Art. IX, Sec. II, Para. VI, the borders of which shall be conterminous with the current borders of AEDA's "Corporate Park", impose therein such fees, assessments, and taxes as AEDA may recommend from time to time to be levied and collected within the SSD to pay, wholly or partially, the cost of providing maintenance services and facilities for the Project, pay the proceeds of such fees, assessments, and taxes (such payments, "SSD Revenues",) less an administration fee of $_ per year, to AEDA to be used for such purposes, whether on a"paylgo" basis, or by AEDA's pledging the SSD Revenues as revenue to repay revenue bonds ("Maintenance Revenue Bonds") that AEDA may determine to issue for such purposes, or both, as AEDA may from time to time determine, and enter into a separate intergovernmental agreement ("Maintenance Revenue Bonds IGA") between the City and AEDA containing the provisions necessary for purposes of such Maintenance Revenue Bonds. c) 2) 3) 4) The issuance of any Maintenance Revenue Bonds shall be subject to the following: 29. 1) The Maintenance Revenue Bonds shall be special and limited obligations of AEDA, shall not be general obligations of AEDA, shall give rise to no pecuniary liability of AEDA, and shall be payable solely from the security pledged therefor. 2) The Maintenance Revenue Bonds shall never constitute an indebtedness or general obligation of the State, AEDA, the City or any other political subdivision of the State, within the meaning of any constitutional provision or statutory limitation whatsoever, nor a pledge of the faith and credit or taxing power of any of the foregoing, nor shall any of the foregoing be subject to any pecuniary liability thereon. 3) No owner or obligee of the Maintenance Revenue Bonds shall ever have the right to compel the exercise of the taxing power of the State, the City, or any other political subdivision of the State, to pay the Maintenance Revenue Bonds, or to enforce payment thereof against any property of the foregoing, nor shall the Maintenance Revenue Bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the foregoing. d) On that basis, City agrees to cooperate as reasonably necessary for AEDA to issue the Maintenance Revenue Bonds. Without limitation, City agrees to participate in and support the validation ofthe Maintenance Revenue Bonds. City and AEDA acknowledge and agree that SSD fees, assessments, and taxes would be for the purpose of the provision of local government services and facilities within the SSD, and that providing maintenance services and facilities for the Project is a local government service for City for the reasons, among others, that the Project is a project that is on the Special Districts Approved lnvestment List under TIA, and independently qualifies as an "undertaking" under O'C.G.A. $36- 82-61(4XB), part of the Revenue Bond Law. Project Revenue Bonds. a) City and AEDA acknowledge and agree that, (1) TIA authorizes City to reimburse AEDA for costs incurred by AEDA as City's subcontractor which qualifr as Eligible Project Costs, (2) in consideration of the facilities provided and services rendered by AEDA hereunder, City shall reimburse AEDA for costs incurred by AEDA as City's subcontractor which qualifu as Eligible Project Costs, but Tax Receipts Funds actually received by City are the sole source of funds for City to make such reimbursement payments, (3) such reimbursement paynents by City are sometimes referred to herein as the "Contract Revenues" of this Agreement, (a) City has not pledged its fulI faith and credit or taxing power to the payrrent of the Contract Revenues and City's obligation to make payments under this Agreement will be limited to the amount that is equal to its actual collections from DOT of the Tax Receipts Funds, not to exceed $i3,000,000.00 (less any fees imposed by DOT) in the aggregate, (5) the repayment of loans (including interest thereon and any other expenses ofsuch loans) for the advance payment of other Eligible Project Costs, qualiff as Eligible Project Costs, and (6) AEDA intends to consummate such a loan through an issue of its revenue bonds ("Project Revenue Bonds"), which will be repaid solely out of the Contract Revenues and any other b) c) Pledged Security, as described below, but which never will be secured by any TaxReceipts or Tax Receipts Funds held by Cify. The Project Revenue_ Bonds shall be special and limited obligations of AEDA,shall not be general obligations of AEDA, shall give rise to nolecuniary liabilityof AEDA, and shall be payable solely from the pledged security. The Project Revenue Bonds shall never constitute an indebtedness or generalobligation of the State, AEDA, the city or any other political subdivision of theState, within the meaning of any constitutional proviiion or statutory limitationwhatsoever, nor a pledge of the faith and credit or taxing power of urry of theforegoing, nor shail any of the foregoing be subject to any pecuniary liability thereon. without limitation, the Dor-city IGA does noi Jecrre the project Revenue Bonds and no pledge shall be made of the state's credit or taxing power for the repayment of the Project Revenue Bonds. No owner or obligee of the Project Revenue Bonds shall ever have the right to compel the exercise ofthe taxing power of the State, the city, or any otherpoiitical subdivision of the State, to pay the Project Revenue Bonds, or to enforce payment thereof against any property of the foregoing, nor shall the project Revenue Bonds constitute a charge, lien, or encumbrance, legal or equitable, upon any property of the foregoing, including, without limitation, the Tax Receipts or the Tax Receipts Funds. The city agrees to cooperate as reasonably necessary for AEDA to issue the Project Revenue Bonds. Without limitation, the City agrees to participate in and support the validation of the Project Revenue Bonds, to provide disclosure information that is legally required, and to provide acknowledgement, as necessary, of AEDA's engaged investment banker and other professionals involved with the Project Revenue Bonds. Any provision hereof to the contrary notwithstanding, AEDA may at its option, but is not obligated to, pay (or incur any payment obligation for) any Eligible Project Costs or other costs related to the Project prior to the issuance of the Project Revenue Bonds. A11 payments of contract Revenues required by this Agreement will be paid directly to AEDA or its assignee, including any co{porate bond trustee, from the sole source stated above. city's obligation to make the reimbursement payments required by this Agreement from the sole source stated above will be absolute and unconditional until the principal of, premium, if any, and the interest on all project Revenue Bonds but in no event in an amount greater than $13,000,000.00 (less any fees imposed by Dor) in the aggregate will have been fully paid or will be deemed to have been fully paid pursuant to the provisions of any indenture or financing agreement as applicable, and such payments will not (except as provided herein) be abated or reduced for any reason whatsoever. Furthermore, city will not exercise any right of set-off or any similar right with respect to such payments, norwill it withhold any such payments because of any claimed breach of thisAgreement by AEDA. The foregoing provision relating to the absolute and unconditional nature of said obligation of City to pay is incorporated herein for the benefit of the owners of Project Revenue Bonds and will not affect the obligation d) e) 0 s) h) i) i) k) D of AEDA to perform its obligations under this Agreement or otherwise, nor will such provision otherwise affect any remedies available to City on account of any claimed breach by AEDA. City agrees that while any Project Revenue Bonds are outstanding that City: (i) wii nol terminate or amend the DOT-City IGA or, without AEDA's consent, grant any waiver thereunder, or revoke or repeal its resolutions relating thereto, and (ii) wiil not ffeate and will not suffer to remain, any lien, encumbrance or charge upon Tax Receipts Funds. The City agrees to provide to AEDA, in such form as is reasonably requested by AEDA, any and all documents, releases, financial statements and other information necessary io enable AEDA to comply with any disclosure or other reporting requirement, including but not limited to Rule l5c2-12 of the Securities and Exihange Commission, now or hereafter imposed by the United States of America, the Stati, or any political subdivision or agency of either having jurisdiction over the City, AEDA or the issuance and sale of AEDA's bonds or other debt obligations, by law, judicial decision, regulation, rule or policy' AEDA may pledge (the "Pledged Security") to the payment of principal of, premium, if any, and the interest on the Project Revenue Bonds, the entire amount of Contract Revenues and any investment earnings thereon together with the rights of AEDA to collect, from City, Contract Revenues payable pursuant to this Agreement. ln addition, any provision hereof to the contrary notwithstanding, if requested by AEDA in order that the Project Revenue Bonds may be issued in a greater principal amount if necessary to pay all Eligible Project Costs of the Project, in order that there is sufficient debt service coverage for the Project Revenue Bonds, or in order to mitigate any temporary disruption of Tax Receipts Funds for the Project received by the City, and if City shall agree to such request, then the Contract Revenues shall be enlarged from the reimbursement by City of Eligible Project Costs solely out of Tax Receipts Funds designated by DOT for the Project and collected by City from DOT, to also include any other legally available revenues as so agreed by Crty, provided, that such other revenues shall not include city,s local portion of TIA Tax Receipts under o.c.G.A. $a8-8-249(e). ln such event, City and AEDA will enter into an amendment of this Agreement reflecting such enlargement. AEDA hereby covenants and agrees for the benefit ofthe holders ofthe Project Revenue Bonds that it will not create any lien upon the Contract Revenues or this Agleement prior to the charge or lien thereby to be created for the payment of the Project Revenue Bonds. The Pledged Security will constitute security for the Project Revenue Bonds and AEDA agrees to administer amounts received hereunder in accordance with the terms of the Project Revenue Bonds. It is acknowledged by the parties hereto that the owners of the Project Revenue Bonds (and any trustee on their behalf) have an interest in the rights of AEDA, to collect from City, Contract Revenues payable pursuant to this Agreement and the right to enforce the related terms hereof against the respective parties, and the parties hereto understand, covenant and agree that the provisions of this Agreement relating to such rights will not be modified or amended in any particular way which would in any respect adversely affect or 10 impair the rights of any of such owners. Notwithstanding the foregoing, the project Revenue Bonds will not directly or indirectly or contiigently oblig;; the Siate,City, or any political subdivision to levy or to pledge any iorm of taxation whatevertherefor or to make any appropriation for the'payment thereof, and, withoutlimitation, the owners of the project Revenue B-onds (and any trustee on theirbehalf) shall have no charge or lien on the Tax Receipts oi the Tax Receipts Funds,and shall have no right or interest in the DOT-city IGa or any other interest in orclaim to any other property or contract rights of the state, iity, or any politicalsubdivision. 30' Term of this Agreement. This Agreement shall become effective upon its execution byboth parties hereto, and shall continue in effect until it has been completely perforrned by each party hereto.The foregoing notwithstanding, all rights that are intended to survive eiptation or earlier termination ofthis Agreement shall survive. Any provision hereof to the contrary notwithstanding, (a) if the project Revenue Bonds are not issued by 5:00 o'clock p.m., Augusta, Georgia, time on December 31,2022, thenAEDA may terrninate this Agreement, effectivg -immediately upon gilrirg notice of terminationio City, and(b) the term of this Agreement shall not exceed frfty (50) yi-. fro- itsiffective date, in accordance withthe provisions of Article D(, Section III, Paragraph I of tie Constitution of the State. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by their dulyauthorized officers under seal, effective the day and year first above written. CITY: Augusta, Georgia AEDA: Development Authority of Augusta, Georgia Its Mayor Attest: By: (Seal) By: lts: Its Clerk of Commission 11 EXHIBIT A FI]I\DING POLICY l00o/o TIA Funded Project. THE LOCAL GOVERNMENT ACKNOWLEDGES THAT THE PROJECT IS IOO% FI']NDED WITH SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS COLLECTED PURSUANT TO TI{E ACT AND THAT THE DEPARTMENT'S PAYMENT OBLIGATIONS RELATED TO THE PROJECT ARE STRICTLY LIMITED AS SET FORTH IIEREIN' THE LOCAL GOVERNMENT FURTHER ACKNOWLEDGES THAT NO ENTITY OF THE STATE OF GEORGIA OTHER THAN THE DEPARTMENT HAS ANY OBLIGATIONS TO THE LOCAL GOVERNMENT RELATED TO THIS PROJECT. THE OBLIGATION OF THE DEPARTMENT TO PAY OR REMBURSE ANY INCURRED COST IS EXPRESSLY LIMITED TO THE AMOI.]NT OF SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS REMITTED TO THE DEPARTMENT BY GSFIC AND DESIGNATED BY THE DEPARTMENT FOR THE PROJECT. THIS AGREEMENT DOES NOT OBLIGATE TIM DEPARTMENT TO MAKE ANY PAYMENT TO THE LOCAL GOVERNMENT FROM ANY FI.INDS OTHER THAN THOSE MADE AVAILABLE TO TTIE DEPARTMENT FROM THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS BY GSFIC AND DESIGNATED BY THE DEPARTMENT FOR TI{E PROJECT. IN T}IE EVENT THE FUNDS MADE AVAILABLE TO THE DEPARTMENT FROM THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS ARE INSUFFICIENT FOR TIIE PROIECT AS DESIGNATED BY THE DEPARTMENT, T}IE DEPARTMENT'S PAYMENT OBLIGATIONS S}IALL NOT EXCEED THE AVAILABILITY OF SUCH SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS AND THE DEPARTMENT SHALL HAVE THE RIGHT AT ITS SOLE DISCRETION TO TERMINATE TIIIS AGREEMENT IMMEDIATELY UPON NOTICE TO TI{E LOCAL GOVERNMENT WITHOUT FI]RTIIER OBLIGATION OF THE DEPARTMENT TO THE EXTENT THAT THE OBLIGATIONS EXCEED THE AVAILABILITY OF SUCH THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS FOR THE PROJECT AS DESIGNATED BY TTM, DEPARTMENT. T}IE DEPARTMENT'S CERTIFICATION AS TO THE AVAILABILITY OF THE SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS AS DESIGNATED BY THE DEPARTMENT FOR T}IE PROJECT STIALL BE CONCLUSIVE. Any payments shall be made to the LoCAL GoVERNMENT after receipt of such transportation sales and .6. tu* proceeds from GSFIC. The parties agree that the provisions of the Georgia Prompt Pay Act, O.C.G.A. $ 13-1 l-l etseq.,do not control and that the LOCAL GOVERNMENT waives any and all rights it may have under said Act. The LOCAL GOVERNMENT shall ensure that the provisions of this Article are included in all contracts and subcontracts. Insufricient Special District Transportation Sales and Use Tax Proceeds' If the DEpARTMENT determines that there are insufficient special district transportation sales and use tax proceeds remitted to the Department by GSFIC and designated by the Department for the PROJECT, the DEPARTMENT may at in its sole discretion: (1) Terminated this Agreement immediately (and not pursuant to the provisions of Article Xl)upon notice to the LOCAL GOVEilNMENT and without further obligation on the part of the DEPARTMENT; or l2 (2) Direct the Local Government to stop work under this Agreement. Such stop work suspension shall lastfor a maximum of ninety (90) days' AftLr this nilgy q0) dv p"i"a, if special district transportation salesand use tax proceeds as designated by the DEPARTMENi fo; the pRoJEOr are available or are anticipatedto be available, the LocAL GoVERNMENT will rru"" tnl-option to: (l) continue the work under theAgreement; (2) elect to terminate the Agreement pursuant to the termination provisions set forth in ArticleXI; or (3) agree to a new stop work suspinsion period as determined by the Departmenr No delay damagesor consequential damages will be recoverable ai a result of any stop work suspension period. l3 AEDA Augusta Corporate Park TIA RaiI proiect September 9.2022 Historv The Development Authority of Augusta, Georgia has been working since 2015 to find the best solution for rail into the Augusta Corporate Park from the Norfolk Southern Mainline which is the eastern boundary of the park. This need was based on large project interest in the Corporate Park but many of them required rail to locate in the site. For this reason, the AEDA explored multiple rail options with studies and consultation with Norfolk Southern. After several years of concept design and further interest in the park the current design was chosen and the AEDA has spent in excess of $1,000,000 to date for a 30% design of the rail, geotechnical exploration, historical and cultural resources studies, and permitting for wetland crossing to allow for fuIl design and construction of the project to take place. In2020, at the AEDA's request, the Commission included the building of rail as a project in the TIA band 1 package with $13 million for design and construction of this project. The request was based on anticipated projects that would invest over $lB and create over 500 jobs. With the successful approval of SPLOST and the actual commitment from three companies to the Cotporate Park, we are currently looking for approval to bond the project. The AEDA requests moving forward with design, construction, and financing of the project with an Intergovernmental Agreement (IGA) agreement between the AEDA and the City of Augusta. The AEDA will handle all design, construction, and financing of the project while following all GDOT and TIA rules and guidelines and will turn over a fully completed project to the City. The addition of arail spur and upgraded infrastructure have enhanced the Development Authority's ability to market the Augusta Corporate Park and has expanded the pool of companies considering locating facilities in Augusta. In addition to the Impacted Users noted below, the Development Authority is in discussions with another 7 active potential companies that are considering investing $ I .336 Billion and 2,333 new jobs. These are all now interested in the Corporate Park due to the inclusion of rail and enhanced infrastructure. IGA The following are key points to be aware of in the IGA attachedto this profile: l. Design, construction, and Financing will all be paid from TIA funds. 2. Maximum allowed TIA funds are $13 million. 3. Design and Construction are set to begin as soon as reasonably practical but well before the anticipated July 2023 date that the city could move forward with the project. 4. Design and Construction of the project will be done in accordance with all state and local laws and ordinances, and specifically in conformity with TIA. 5. The City's Engineering Department will have an IGA with DOT for the project. The AEDA will construct the project for the city. 6. Notice to proceed (NTP) will be coordinated with the City's Engineering Department. The city-DoT IGA must be satisfactory to the AEDA and the city. 7. AEDA will provide monthly reports on our progress. 8. procurement will be handled by the AEDA and will comply with all TIA policies and regulations. 9. The agreement allows for us to finance the project as set forth in the agreement. It does reference any legally available funds for financing purposes, but this agreement only authorizes $ 13 million of TIA funding. ANY other funds would need to be specifically authorizedby the Commission with a VOTE in the future. l0.Maintenance plan for the rail will be designed and coordinated between the AEDA and the City of Augusta in the future. 2. 1. Company: Announced Investment: Jobs in Phase I: Future Potential Investment: Future Potential Jobs: Annual Railcars needed: Company: Announced Investment: Jobs in Phase I: Future Potential Investment: Future Potential Jobs: Annual Railcars needed: Company: Announced Investment: Jobs in Phase I: Special Circumstances: Annual Railcars needed: Impacted Users PurcCycle Technologies $440 Million 82 new jobs $ 1 .1 Billion 150 new jobs 2,500+ Aurubis Richmond, LLC $430 Million 140 new jobs $770 Million 250 new jobs 1,000+ 3.Denkai America $460 Million 250 new Jobs North American Headquarters TBD Motion a-pprove a resolution authorizing the execution of an IntergovernmentalAgreement between the Development- arrthority of Augusta, Georgia faTUlu ,t"s".t"Economic Development Authority) and Agqusta, Georgil, as well ur"*y ottl. r"q;ir"ddocuments for the design, construction and-financing oitt. nail Spur io Uu located in the {ugusla Corporate Park, with Augusta's portion of-the construction costs to be fundedthrough the Georgia Transportation Investment Act (TIA) in an amount not to exceed$13,ooo,ooo. Background: In 2o2o the Augusta Economic Development Association(AEDA)requested and received approval from the Commissitn to include theconstruction of a rail project at the Augus-ta Corporate Park in the TIA band I packagewith $13M for design and construction. -After several years of concept design urrd furttEtinterest in the p_ark the current design was chosen and the AEDA has speit in excess of $t,ooo,ooo to date foy a go%o design of the rail, geotechnical exploratio^n, historical andcultural resources studies, and permjtting for wetland crossing to allow for full desig, urrJconstruction of the project to take place. T!r-e Mayor,-Clerk of Commission, Finance Director, General Counsel, and all other proper ofE_cers-and-agents of Augusta, Georgia are hereby authorized, empowered and diiedtedto do all such acts and things and to execute all such documents (such as, but not limitedto, a validation answer, a closing certificate, and any necessary preliminary and final ofEcial statements) as may be necessary to carry out and comply with the provisions andintent of this resolution. Analysis: The AEDA requests moving forward with design, construction, and financing of the project with an Intergovernmental Agreement (IGA) agreement between the AED^{ and the Citf gfaugqgta. The AEDA will handle all design, construction, and financing of the project while following all GDOT and TIA rules and guidelines and will turn over a fully completed project to the City. This project will impact current corporations housed at the Augusta Corporate Park to include Purecycle Technologies, Aurubis Richmond, LLC, Denkai America. Financial Impact: TIA Band I not to exceed $rSM Alternatives: Do not approve a resolution authorizing the execution of an Intergovernmental Agreement between Augusta Economic Development Authority and Augusta-Richmond County, as well as any other required documents for the design, construction and financing of the Rail Spur to be locatid in the Augusta Corporate pait<, with Augusta's portion of the construction costs to be funded through ihe GeorgiaTransportation Investment Act (TIA) in an amount not to exceed $r3,ooo,ooo. Recommendations_: Approve a resolution authorizing the execution of anIntergovernrnental Agreernent between,Augusta Economic Development Authority and- Augusta-Richmond Coun$, as well as any other required do-cuments for thldesign, construction and financing of the Rail Spur to 6e located in the AugustaCorporate Park, with Augusta's portion of the construction costs to be ruiaeathrough the Georgia Ttsansportation Investment Act (TIA) in an amount not to exceed $13rooorooo. Engineering Services Committee Meeting 10/11/2022 1:10 PM Intergovernmental Agreement Department: Presenter: Caption:Intergovernmental Agreement for design, construction and financing of rail spur between Augusta, Georgia and Development Authority of Augusta, Georgia. (Requested by the Administrator) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: