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Home My WebLink About2015-09-15-Meeting Minutes Commission Meeting Agenda Commission Chamber - 9/15/2015 ATTENDANCE: Present: Hons. Hardie Davis, Mayor; Lockett, Guilfoyle, Sias, Frantom, M. Williams, Fennoy, D. Williams, Hasan, Davis and Smith, members of Augusta Richmond County Commission. INVOCATION: Rev. J. Todd Wiggins, Pastor, Hillcrest Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Mr. Tommy Ingram regarding Veterans Victory Concert, James Brown Arena. "No More Homeless Veterans" Item Action: None Tommy_Ingram.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Presentation is made by Mr. Ingram. CONSENT AGENDA (Items 1-24) PLANNING 1. FINAL PLAT – S-847 – Southampton, Section Two – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Southern Partners, on behalf of Beazley Development Company, Item Action: Approved Inc., requesting final plat approval for Southampton, Section Two. This residential subdivision is located at Ardwick and Ashton Drive, between Southampton, Section One and Three and contains 52 lots. Tax Map 153-0-072- 00-0 DISTRICT 4 Southampton_final_plat.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Guilfoyle out. Motion Passes 9-0. Commissioner Marion Williams Commissioner Sammie Sias Passes 2. Z-15-37 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions stated below a petition by Doug Fuller, on behalf of Geneva Fuller, requesting a change of zoning from Zone B- 1 (Neighborhood Business) to Zone B-2 (General Business) for automobile repair and related sales and those use permitted in the B-1 Zone, excluding residential; affecting property containing .76 acres and known as 4141 Windsor Spring Road. Tax Map 153-0-026-01-0 DISTRICT 6 1. Ensure that the appropriate business license(s) are obtained for current uses on the property. All improvements must be completed before a business license will be issued. 2. Provide landscaping of individual planter boxes placed in the front of the primary structure. 3. Submit a parking plan that demonstrates compliance with the applicable standards. 4. Replace the existing chain link fence with a six foot solid board fence along the area between the subject building and the convenience store on the adjacent property to the north. 5. Remove any junk vehicles, including any related waste and salvaged materials, from the property. No vehicles under repair may be parked in front of the building. Item Action: Approved Z-15-37.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 -1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 3. Z-15-38 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions stated below a petition by Timothy M. Thomas and Ernest Smith Jr. requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .34 acres and known as 1795 and 1815 Martin Luther King Jr. Blvd. Tax Map 059-3-197-00-0 and 059-3-198-00-0 DISTRICT 2 1. Provide a row of native shrubs that is spaced appropriately along the boundary adjacent to the residential lot. 2. Provide landscaping of individual planter boxes placed in the front of the primary structure. Item Action: Approved Z-15-38.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 -1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 4. Z-15-40 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions stated below a petition by Greg Brittain, on behalf of Elizabeth J. Roye, requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) affecting property containing 2.50 acres and known as 2550 Mike Padgett Highway. Tax Map 099- 3-018-00-0 DISTRICT 1 1. Ensure that the appropriate business license(s) are obtained for current uses on the property. 2. Structures, including outdoor materials, must comply with Federal Emergency Management Agency (FEMA) regulations and the Augusta Flood Damage Prevention Ordinance. It is required that all materials be properly elevated and secured to prevent floatation or lateral movement from floodwaters. 3. That a site plan be presented for review that a complies with the Augusta Tree Ordinance. Item Action: Approved Z-15-40.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. M. Williams abstains. Ms. Davis out. Commissioner Sammie Sias Commissioner William Lockett Passes Motion Passes 8-0 -1. 5. ZA-R-241 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend Section 3 – 12 (Special Building Setbacks) of the Comprehensive Zoning Ordinance for Augusta, Georgia by amending the 45 foot special setback for Pleasant Home Road by removing the section from Bobby Jones Expressway to Professional Parkway. Item Action: Approved ZA-R-241.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 -1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes ADMINISTRATIVE SERVICES 6. Motion to authorize submission of 2015 Consolidated Application, Exhibits and supporting documentation for the Continuum of Care Application to HUD. (Approved by Administrative Services Committee September 8, 2015) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 -1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 7. Motion to approve amending the 2009, 2013 and 2014 Action Plans to re- program $391,692.59 and to revise the scope of work in Community Development Block Grant (CDBG) funds. (Approved by Administrative Services Committee September 8, 2015) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10- 0. Commissioner Marion Williams Commissioner Sammie Sias Passes PUBLIC SAFETY 8. Motion to approve accepting FY 2015 Emergency Managment Program Grant in the amount of $60,165 and authorize the Mayor to execute appropriate paperwork. (Approved by Public Safety Committee September 8, 2015) Item Action: Approved GEMA_FY_2015_EMPG_BASE_AWARD_APPLICATION.pdf ARC_New_Grant_Proposal_Form_Signed.pdf GEMA_Statement_of_Subgrant_Award.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 -1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes FINANCE 9. Motion to approve the FY 2016 Transit Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation. (Approved by Finance Committee September 8, 2015) Item Action: Approved Section_5303_Contract_FY_2016.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 -1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 10. Motion to approve Updated Memorandum of Understanding (MOU) for the Augusta Regional Transportation Study. (Approved by Finance Committee Item Action: September 8, 2015) Approved ARTS_MOU_2015.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes ENGINEERING SERVICES 11. Motion to approve Change Order in the amount of $126,290 for the Goodrich Street RWPS Improvements Project and specifically #1 turbine refurbishment for American Hydro Corporation (RFQ 13-193). Funded from the 2014 CIP Bond Fund. (Approved by Engineering Services Committee September 8, 2015) Item Action: Approved change_order-director_memo_signed.pdf RWPS_CO_documents-WAH-revised2-08312015.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 12. Motion to approve RFQ #15-139A: Sanitary Sewer Connection Services Task Order Program (2015) for the City of Augusta - Utilities Department in the amount of $1,000,000 for execution by Universal Plumbing and Southern Services as qualified and selected contractors.(Approved by Engineering Services Committee September 8, 2015) Item Action: Approved Recommendation_Letter_6_25_15_Signed.pdf x_DRAFT_Plumbing_Umbrella_Contract_Agreement.doc Request_for_Qualifications_sent_to_Newspapers.docx 15-139A_TAB.xls 15-139A_Cumulative_Evalation_Sheet_.pdf Process_Regarding_RFQs.pdf Mail_List_and_Demandstar_Planholders.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 13. Motion to authorize the Environmental Services Department to have up to 4 scrap tire amnesty days per year. (Approved by Engineering Services Committee September 8, 2015) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 14. Motion to authorize the Environmental Services Department to set up a non- profit, community group pay for tire recycling program. (Approved by Engineering Services Committee September 8, 2015) Item Action: Approved 2015.08_Civic_Group_Tire_Collection_Program_Form_.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner Commissioner Passes Motion Passes 10- 0. Marion Williams Sammie Sias 15. Motion to approve Professional Services Agreement with James G. Swift and Associates in the amount of $448,685 for the Boykin Road/Travis Pines Area Sewer Extension and Water Main Improvement Project. (Approved by Engineering Services Committee September 8, 2015) Item Action: Approved ARC_Approval_letter.pdf Director_memo-signed.pdf Swift-Travis_Pines-fee_proposal2.pdf boykin_road_map.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 16. Motion to approve a revision to Augusta, Georgia Code, Title 4 Chapter 2, section 4-2-2, to provide standards for unlawful dumping or storing of solid waste, or the accumulation of weeds and noxious vegetation on vacant lots and unoccupied parcels of land.(Approved by Engineering Services Committee September 8, 2015) Item Action: Approved 2015.08_Vacant_Lot_Ordinance_proposed_changes_.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 10- 0. Commissioner Marion Williams Commissioner Wayne Guilfoyle Passes 17. Motion to approve and receive as information the emergency construction services at 7th and Reynolds Street American Disabilities Act (ADA) Ramp and Roadway Emergency Modification Project in the amount of $44,785.00 for Item Action: Approved Horizon Construction & Associates as requested by AED. (Approved by Engineering Services Committee September 8, 2015) 7th_St___reynolds_St_Emergency_Construction_Services.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 18. Motion to approve expense of crane rental for the reinstallation of #1 turbine at the Goodrich Street Raw Water Pumping Station. (Approved by Engineering Services Committee September 8, 2015) Item Action: Approved Southway_Crane_Rigging.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 19. Motion to approve purchase order correction and change order in the amount of $80,105.18 for Blair Construction. (Approved by Engineering Services Committee September 8, 2015) Item Action: Approved Recommendation_Letter_from_Engineer.pdf Change_Order_#1_Gordon_Hwy_30.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 20. Motion to approve the honorary naming of Eighth Street to Jessye Norman Boulevard. (Approved by Engineering Services Committee September 8, 2015) Item Action: Approved Resolution_-_Jessye_Norman_Blvd..pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 21. Motion to approve payment to Blair Construction for emergency repairs to the Rocky Creek Trunk Sewer in the amount of $301,650. (Approved by Engineering Services Committee September 8, 2015) Item Action: Approved Rocky_Creek_Emergency_letter_and_invoice.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes 22. Motion to approve and accept a Deed of Dedication from USPG Portfolio Five, LLC (Sam's Club). (Approved by Engineering Services Committee September 8, 2015) Item Action: Approved Sam_s_Club_(USPG)_Deed_of_Dedication.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes PETITIONS AND COMMUNICATIONS 23. Motion to approve the regular minutes and Special Called meeting of the Commission held September 8, 2015. Item Action: Approved Regular_Commission_Meeting_September_1_2015.pdf Called_Commission_Meeting_September_8_2015.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes APPOINTMENT(S) 24. Motion to approve the appointment of Mr. Lucien Williams to the Historic Preservation Commission representing District 9. Item Action: Approved Talent_Bank_Application_Lucien_Williams.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Mr. Hasan abstains. Motion Passes 9-0 - 1. Commissioner Sammie Sias Commissioner Wayne Guilfoyle Passes ****END CONSENT AGENDA**** AUGUSTA COMMISSION 9/15/2015 AUGUSTA COMMISSION REGULAR AGENDA 9/15/2015 (Items 25-28) PLANNING 25. Z-15-31 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Wesley Fludd requesting a change of zoning from Zone R-3C (Multiple-family Residential) with conditions to Zone R- 3B (Multiple-family Residential) affecting property containing approximately .70 acres and is known as 2506 Pineview Drive. Tax Map 096- 4-041-00-0 . DISTRICT 6 Item Action: Approved Z-15-31.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Motion to concur in the denial of the petition. Voting No: Commissioner William Fennoy, Commissioner Dennis Williams. Motion Passes 8-2. Commissioner Ben Hasan Commissioner William Lockett Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Substitute motion to approve asking the Planning and Zoning Department and the petitioner to meet and see if they can work out their Approve differences and come back to the next Commission meeting with a recommendation. Voting No: Commissioner Ben Hasan, Commissioner Wayne Guilfoyle, Commissioner Mary Davis, Commisioner Sean Frantom, Commissioner William Lockett, Commissioner Grady Smith, Commissioner Marion Williams. Motion Fails 3-7. Commissioner William Fennoy Commissioner Sammie Sias Fails 26. Z-15-39 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions stated below a petition by Gurpreet Walia, on behalf of Davenport Davison, requesting a change of zoning from Zone R-1C (One-family Residential) and Zone R-3B (Multi- family Residential) to Zone B-2 (General Business) affecting property containing 1.11 acres and known as 15 Lovers Lane. Tax Map 061-4-179-00-0 DISTRICT 1 1. Parking lot and security lighting must be directed away from the residential properties located to the south of the subject property. Item Action: Approved Z-15-39.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Motion to deny the petition. Commissioner Marion Williams Dies for lack of Second Motions Motion Type Motion Text Made By Seconded By Motion Result Motion to approve the petition. Voting No: Commissioner Mary Davis, Commisioner Approve Sean Frantom, Commissioner Ben Hasan, Commissioner Sammie Sias, Commissioner Grady Smith, Commissioner Dennis Williams, Commissioner Marion Williams. Motion Fails 3-7. Commissioner Wayne Guilfoyle Commissioner William Fennoy Fails Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve reconsidering this item. Voting No: Commissioner William Fennoy, Commissioner William Lockett. Motion Passes 8-2. Commissioner Marion Williams Commissioner Ben Hasan Passes Motions Motion Type Motion Text Made By Seconded By Motion Result Deny Motion to deny the petition. Voting No: Commissioner William Fennoy, Commissioner William Lockett, Commissioner Dennis Williams. Motion Passes 7-3. Commissioner Marion Williams Commissioner Sammie Sias Passes PUBLIC SAFETY 27. Consider a request from United House of Prayer for assistance from the Augusta Fire Deparment with catching the plug (fire hydrant) at the corner of Mill St. and Perry Ave in association with their annual Convocation Baptismal Service scheduled for October 4, 2015. (Requested by Commissioner Bill Fennoy) Item Action: Approved ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner Marion Williams Commissioner Dennis Williams Other No action is taken on this motion due to the passage of the substitute motion. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Substitute motion to approve the request with the House of Prayer to pay the cost of the water and any other costs that may be incurred by the City to provide the service. Voting No: Commissioner Marion Williams. Motion Passes 9-1. Commissioner Ben Hasan Commissioner William Fennoy Passes FINANCE 28. Approve resolution authorizing execution of intergovernemneal agreement (IGA) with the Urban Redevelopment Agency (URA) to refund the Laney Walker Bethlehem bonds and repay the $2.5 million bridge loan. (No recommendation from Finance Committee September 8, 2015) Item Action: Approved Authorizing_Resolution___15_Augusta_URA.pdf Urban_Redevelopment_Authority_Bonds_-_calendar.pdf ItemApprovalSheet.html Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve having the Mayor issue a call to hold a special called meeting on September 18 Commissioner Commissioner Passes Upcoming Meetings www.augustaga.gov at 2:30 p.m. to consider this item. Motion Passes 10-0. Sammie Sias Mary Davis LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 29. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: None Commission Meeting Agenda 9/15/2015 2:00 PM Attendance 9/15/15 Department:Clerk of Commission Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2015 2:00 PM Invocation Department: Caption:Rev. J. Todd Wiggins, Pastor, Hillcrest Baptist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2015 2:00 PM Tommy Ingram Veterans Victory Concert Department: Caption: Mr. Tommy Ingram regarding Veterans Victory Concert, James Brown Arena. "No More Homeless Veterans" Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2015 2:00 PM Final Plat - S-847 - Southampton Section 2 Department:Planning Commission Caption: FINAL PLAT – S-847 – Southampton, Section Two – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Southern Partners, on behalf of Beazley Development Company, Inc., requesting final plat approval for Southampton, Section Two. This residential subdivision is located at Ardwick and Ashton Drive, between Southampton, Section One and Three and contains 52 lots. Tax Map 153-0-072-00-0 DISTRICT 4 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Z-15-37 Department:Planning Commission Caption: Z-15-37 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions stated below a petition by Doug Fuller, on behalf of Geneva Fuller, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) for automobile repair and related sales and those use permitted in the B-1 Zone, excluding residential; affecting property containing .76 acres and known as 4141 Windsor Spring Road. Tax Map 153-0-026-01-0 DISTRICT 6 1. Ensure that the appropriate business license(s) are obtained for current uses on the property. All improvements must be completed before a business license will be issued. 2. Provide landscaping of individual planter boxes placed in the front of the primary structure. 3. Submit a parking plan that demonstrates compliance with the applicable standards. 4. Replace the existing chain link fence with a six foot solid board fence along the area between the subject building and the convenience store on the adjacent property to the north. 5. Remove any junk vehicles, including any related waste and salvaged materials, from the property. No vehicles under repair may be parked in front of the building. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Z-15-38 Department:Planning Commission Caption: Z-15-38 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions stated below a petition by Timothy M. Thomas and Ernest Smith Jr. requesting a change of zoning from Zone R-1C (One-family Residential) to Zone B-1 (Neighborhood Business) affecting property containing .34 acres and known as 1795 and 1815 Martin Luther King Jr. Blvd. Tax Map 059-3-197-00-0 and 059-3-198- 00-0 DISTRICT 2 1. Provide a row of native shrubs that is spaced appropriately along the boundary adjacent to the residential lot. 2. Provide landscaping of individual planter boxes placed in the front of the primary structure. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Z-15-40 Department:Planning Commission Caption: Z-15-40 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions stated below a petition by Greg Brittain, on behalf of Elizabeth J. Roye, requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light Industry) affecting property containing 2.50 acres and known as 2550 Mike Padgett Highway. Tax Map 099-3- 018-00-0 DISTRICT 1 1. Ensure that the appropriate business license(s) are obtained for current uses on the property. 2. Structures, including outdoor materials, must comply with Federal Emergency Management Agency (FEMA) regulations and the Augusta Flood Damage Prevention Ordinance. It is required that all materials be properly elevated and secured to prevent floatation or lateral movement from floodwaters. 3. That a site plan be presented for review that a complies with the Augusta Tree Ordinance. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM ZA-R-241 Department:Planning Commission Caption: ZA-R-241 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend Section 3 – 12 (Special Building Setbacks) of the Comprehensive Zoning Ordinance for Augusta, Georgia by amending the 45 foot special setback for Pleasant Home Road by removing the section from Bobby Jones Expressway to Professional Parkway. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Z-15-31 Department:Planning Commission Caption: Z-15-31 – A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Wesley Fludd requesting a change of zoning from Zone R-3C (Multiple-family Residential) with conditions to Zone R-3B (Multiple-family Residential) affecting property containing approximately .70 acres and is known as 2506 Pineview Drive. Tax Map 096-4-041- 00-0 . DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Z-15-39 Department:Planning Commission Caption: Z-15-39 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions stated below a petition by Gurpreet Walia, on behalf of Davenport Davison, requesting a change of zoning from Zone R-1C (One- family Residential) and Zone R-3B (Multi-family Residential) to Zone B-2 (General Business) affecting property containing 1.11 acres and known as 15 Lovers Lane. Tax Map 061-4-179-00- 0 DISTRICT 1 1. Parking lot and security lighting must be directed away from the residential properties located to the south of the subject property. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM 2015 Continuum Of Care Application Department:Housing and Community Development Caption:Motion to authorize submission of 2015 Consolidated Application, Exhibits and supporting documentation for the Continuum of Care Application to HUD. (Approved by Administrative Services Committee September 8, 2015) Background:Each year, Augusta Housing & Community Development Department applies to HUD through an annual Notice of Funding Availability (NOFA) for the Continuum of Care Programs (this is a competitive application process). These funds are used to support the Homeless Information Management System (HMIS), for administrative services, supplies and provide case management to our partnering agencies. This gramt revews each year at the same time and amount, October 1st to September 30th (HMIS Program - $184,475). There for five (5) additional programs funded as a part of the Augusta, Georgia Continuum of Care (please see attached). New project applications are anticipated for submission this year. Analysis:Approval will allow the City of Augusta to continue providing comprehensive services to the homeless population of Augusta- Richmond County. Financial Impact:These are additional funds received from HUD through a competitive application process to the City of Augusta for continued operation of the Homeless Information Management System (HMIS) and services. Currently, there are five (5) additional projects funded throough this application: 1 for services, 2 for Transitional Housing, and 2 for Permanent Supportive Housing Programs. Alternatives:None recommended. Recommendation:Approve submission of the CoC Application to HUD, and grant the Mayor the authority to execute all forms associated with the application, which includes Submission of the Follow-up Technical Submission Application, New and Renewal Grant Agreements and Annual Progress Reports (APR). Funds are Available in the Following Accounts: Not Applicable. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Amending the 2009, 2013 and 2014 Action Plans Department:Housing and Community Development Caption:Motion to approve amending the 2009, 2013 and 2014 Action Plans to re-program $391,692.59 and to revise the scope of work in Community Development Block Grant (CDBG) funds. (Approved by Administrative Services Committee September 8, 2015) Background:Because certain funds were being forfeited and certain project have unused funds, it has become necessary to reprogram these funds to facilitate their expenditure. We are proposing that funds be reprogrammed FROM the following projects: 1. 2009 CDBG Facade Project Delivery Funds - $15,734.96 2. 2013 CDBG Facade CBD Uncommitted Funds - $142,979.53 3. 2013 CDBG Facade CCRD Uncommitted Funds - $46,825.10 4. 2013 ARC Rec & Parks Dept. May Park Splash Pad - $46,153.00 5. 2014 CDBG Uncommitted Funds - $140,000.00 Total amount being reprogrammed - $391,692.59 Justification: Certain projects were stalled along with some agencies forfeiting their funding therefore, the department need to reprogram funding to viable projects that will expend funding in a timelier manner. Staff is proposing the funds be reprogrammed TO the following projects: For CDBG: 1. Housing and Community Development Department (Housing Rehabilitation) - $205,539.59 Funds are being transferred to support additional Housing Rehabilitation Projects. Originally, the 2015 budget allowed for twenty-eight (28) houses to receive rehabilitation. These additional funds will allow approximately six (6) more houses to be rehabbed. 2. Augusta Parks, Recreation & Facilities Department - $46,153.00 Funds are being transferred to support the purchase of one food delivery vehicle for the Meals on Wheels Program. The vehicle will serve as a safe, clean and sanitary means of delivering hot meals to senior citizens, persons with disabilities and other low/moderate income homebound persons. 3. Association Latina Services Del CSRA - $140,000.00 Funds are being provided to assist with the construction of a Medical Center to provide medical assistance and services to primarily a Hispanic population and the indigent to improve long term health care for low to moderate income persons and families. According to the City's Citizen Participation Policy, this increase in allocation constitutes a substantial change to the Action Plans. Therefore, the revisions must be presented to the public for a 30-day comment period. If comments are received, they will be presented to the Commission for consideration. We are requesting authorization to proceed with the publication of a public notice in the newspapers to solicit comments on the changes. The Public Notice will be published in the Augusta Chronicle, September 9, 2015 and the Metro Courier, September 10, 2015. The deadline for comments will be October 8, 2015. Any comments received will be presented to Commission on October 20, 2015. Analysis:The additional funds will allow the department to fund and proceed with more projects. Financial Impact:More funds available for projects Alternatives:None Recommendation:Accept the Housing and Community Development Department's recommendations for use of the reprogrammed funds and grant AHCD authorization to proceed with the publication of a Public Notice soliciting citizen comments on the proposed changes to the 2009, 2013 and 2014 Action Plans. On October 20, 2015, any comments received will be presented to Commission for considerations. Funds are Available in the Following Accounts: Community Development Block Grant (CDBG) REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM FY 2015 Emergency Management Program Grant Authorization Department:Fire Caption:Motion to approve accepting FY 2015 Emergency Managment Program Grant in the amount of $60,165 and authorize the Mayor to execute appropriate paperwork. (Approved by Public Safety Committee September 8, 2015) Background:Motion to approve accepting FY 2015 Emergency Managment Program Grant in the amount of $60,165 and authorize the Mayor to execute appropriate paperwork. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: Match is budgeted in 101-03-9210 REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2015 2:00 PM United House of Prayer Department: Caption:Consider a request from United House of Prayer for assistance from the Augusta Fire Deparment with catching the plug (fire hydrant) at the corner of Mill St. and Perry Ave in association with their annual Convocation Baptismal Service scheduled for October 4, 2015. (Requested by Commissioner Bill Fennoy) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2015 2:00 PM Transit Planning Services Contract Department:Planning and Development Caption:Motion to approve the FY 2016 Transit Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation. (Approved by Finance Committee September 8, 2015) Background:The Planning and Development Department provides transit planning services for Augusta Public Transit as part of the Augusta Regional Transportation Study (ARTS). The scope of these services is outlined in the ARTS Unified Planning Work Program and funding for them is subject to renewal each year through a contract with the Georgia Department of Transportation. Analysis:Approving the contract will ensure continued funding for the transit planning work elements included in the ARTS Unified Planning Work Program and implemented by staff of the Planning & Development Department. Financial Impact:The contract stipulates that the Georgia Department of Transportation will reimburse the city for ninety percent (90%) of the eligible costs incurred, consisting of eighty percent (80%) Federal Transit Administration funds and ten percent (10%) Georgia Department of Transportation funds. The remaining ten percent (10%) local match of $20,232.20 will be included in the budget for the Planning and Development Department. Alternatives:None recommended Recommendation:Approve the FY 2016 Transit Planning Services contract between Augusta, Georgia and the Georgia Department of Transportation Funds are Available in the Following Accounts: Funds will be available in Org. Key #220016309 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 METROPOLITAN PLANNING ORGANIZATION MEMORANDUM OF UNDERSTANDING FOR THE AUGUSTA REGIONAL TRANSPORTATION STUDY BETWEEN The Georgia cities of Hephzibah, Blythe and Grovetown, Columbia County, Georgia, Augusta, Georgia, the Augusta Georgia Planning and Development Department, Fort Gordon, the Georgia De- partment of Transportation, the South Carolina Counties of Aiken and Edgefield, the South Carolina Cit- ies of Aiken, North Augusta, Burnettown and New Ellenton, and the South Carolina Department of Transportation, in cooperation with the U.S. Department of Transportation. RELATIVE TO The urban transportation planning process known as the “Augusta Regional Transportation Study” I. IT IS THE INTENTION OF THE PARTIES: A. That the Augusta Regional Transportation Study (ARTS) is to: 1. Maintain a continuing, cooperative and comprehensive transportation planning process as defined in Title 23 United States Code Section 134 and results in plans and programs consistent with comprehensively planned development of the urban- ized area. 2. Update and revise the 20 Year Multimodal Transportation Plan, to create a fiscally feasible transportation system that integrates thoroughfare development, public mass transportation, air facilities, rail systems, intermodal facilities, bicycle and pedestrian facilities and transportation enhancements; and reflects consideration of the area's comprehensive land use plans and overall social, economic, environmen- tal, and energy conservation plans, goals and objectives. 2 3. Create a functional relationship between transportation planning and city-county development. 4. Maintain the data obtained in the original data collection phase of the study and any pertinent data collected thereafter on a current level so that existing and forth- coming recommendations may be evaluated and updated periodically. 5. Produce all documents and studies that are necessary to maintain a Certified Transportation Planning Process. II. IS FURTHER AGREED that the areas of responsibility of the aforementioned counties, munici- palities, and government agencies shall lie within the Metropolitan Area Boundary established by the Policy Committee of the Augusta Regional Transportation Study. This area includes all of Richmond County and parts of Columbia County, Aiken County and Edgefield County. III. IT IS FURTHER AGREED, that the Metropolitan Planning Organization (MPO) as designated by the Governors of Georgia and South Carolina is the Augusta Georgia Planning and Develop- ment Department. The Augusta MPO shall have the primary responsibility for carrying out the urban transportation planning process and of developing the planning work programs, transporta- tion plan, and transportation improvement program. IV. IT IS FURTHER AGREED that the ARTS shall be coordinated by a project director who shall be the Director of the Augusta Georgia Planning and Development Department, or designee, and the staff of said agency shall serve, in part, as staff to the ARTS program and process. Additional staff resources may be provided, upon request, from the Technical Coordinating Committee (TCC) membership and existing staff resources of the participating agencies and governments. The Project Director shall coordinate all requests under the direction of the Policy Committee. V. IT IS FURTHER AGREED, that the ARTS Policy Committee shall continue to adopt appropri- ate goals, work programs, and plans; and establish the need, form, and direction of future trans- portation improvements in the ARTS area. The Policy Committee shall be the MPO forum for cooperative decision-making by elected and appointed officials of general purpose local govern- ment and intermodal transportation providers. The individuals representing the government juris- dictions involved in the ARTS planning process and other involved agencies shall comprise the 3 Policy Committee. The membership shall be enumerated in the Policy Committee Bylaws. The Policy Committee shall have final authority in matters of policy and plan adoption for the Augusta Regional Transportation Study. VI. IT IS FURTHER AGREED, that the committee known as the Technical Coordinating Commit- tee (TCC) shall continue to function to assure the involvement of all the applicable departments, advisory agencies, and multimodal transportation providers concerned with, or affected by, the planning process and subsequent implementation of plans. The TCC shall provide the technical guidance and direction of the Augusta Regional Transportation Study. The membership shall be enumerated in the Technical Coordinating Committee Bylaws. VII. IT IS FURTHER AGREED, that the Citizens Advisory Committee (CAC) shall continue to function as a public information and involvement committee, and shall be representative of a cross-section of the community. The CAC shall keep the Policy Committee and the Technical Coordinating Committee informed of the community's perspective and shall also provide infor- mation to the community about transportation policies and issues. The membership shall be enumerated in the Citizens Advisory Committee Bylaws. VIII. IT IS FURTHER AGREED that the various committees meet at the appropriate stages in the planning process in accordance with the bylaws adopted by each committee. IX. IT IS FURTHER AGREED, that the Georgia Department of Transportation, only to the ex- tent that it may be bound by contracts which may hereafter be entered into, shall be responsible for the following: a. Provide available maps, aerial photographs, charts, and records as deemed necessary to maintain the study. b. Update and maintain travel simulation models for use in evaluating the metropolitan area's transportation needs. Said models shall be the "official" ARTS models. The Department shall also provide the expertise and computer software to maintain and update the model as necessary. c. Make periodic reviews of projected transportation needs; and revisions, when necessary, of the multimodal transportation plan. 4 d. Aid the MPO in the preparation of planning-oriented preliminary engineering, right-of- way, and construction cost estimates for multimodal projects in the ARTS Multimodal Transportation Plan. e. Provide local agencies with current information concerning the status of planning and im- plementation of the ARTS Multimodal Transportation Plan. f. Work cooperatively with all participating agencies when it is necessary to complete a Ma- jor Investment Study. g. Incorporate, without modification, the Georgia portion of the adopted ARTS Transporta- tion Improvement Program into Georgia's State Transportation Improvement Program; and coordinate with the ARTS Multimodal Transportation Plan in the development of the Georgia Statewide Transportation Plan. h. Facilitate with all participating parties an understanding of the development and amend- ment process for the Transportation Improvement Program and the Statewide Transporta- tion Improvement Program. i. Annually certify to the FHWA and the FTA, concurrently with the Augusta MPO, that the ARTS planning process is addressing the major issues facing the area and is being con- ducted in accordance with all applicable Federal laws. J Provide various types of traffic count data. k. Provide other assistance as mutually agreed upon. X. IT IS FURTHER AGREED, that the South Carolina Department of Transportation, only to the extent that it may be bound by contracts which may hereafter be entered into, shall be respon- sible for the following: Provide available maps, aerial photographs, charts, and records as deemed necessary to maintain the study. a. Aid the MPO in the preparation of planning-oriented preliminary engineering, right-of-way, and construction cost estimates for multimodal projects in the ARTS Multimodal Transpor- tation Plan. Provide local agencies with current information concerning the status of plan- ning and implementation of the ARTS Multimodal Transportation Plan. b. Work cooperatively with all participating agencies when it is necessary to complete a Ma- jor Investment Study. 5 c. Incorporate, without modification, the South Carolina portion of the adopted ARTS Trans- portation Improvement Program into the South Carolina State Transportation Improvement Program; and coordinate with the ARTS Transportation Plan in the development of the South Carolina Statewide Transportation Plan. d. Annually certify to the FHWA and the FTA, concurrently with the Augusta MPO, that the ARTS planning process is addressing the major issues facing the area and is being con- ducted in accordance with all applicable Federal laws. e. Provide various types of traffic count data. f. Perform other duties as described in the contract between the South Carolina Department of Transportation, Aiken County, and the Augusta Georgia Planning and Development De- partment for the Use of Section 104(f) Funds dated October 5, 1994. XI. IT IS FURTHER AGREED, that the Augusta Georgia Planning and Development Depart- ment, only to the extent that it may be bound by contracts which may hereafter be entered into, shall be responsible for the following: a. Assist in the preparation of planning-oriented preliminary engineering, right-of-way and construction cost estimates for projects in the ARTS Multimodal Transportation Plan. b. Update and maintain maps showing existing and proposed land use, and compare actual and projected land development. c. Evaluate zoning and subdivision requests for impacts on or from projects in the ARTS Mul- timodal Transportation Plan. d. Provide or obtain social and community development plans as may relate to transportation needs. e. Develop and maintain base-year and horizon-year socioeconomic data, by traffic analysis zone (TAZ), for use in ARTS traffic simulation models. f. Make recommendations for revisions of the ARTS Multimodal Transportation Plan to con- form to any new planning goals, objectives, policies, or developments. g. Periodically review traffic analysis zone (TAZ) boundaries and make recommendations to the Technical Coordinating Committee to revise said boundaries as necessary. Cooperate with the Georgia and South Carolina Departments of Transportation in making any changes to TAZ boundaries. 6 h. Provide needed maps, aerial photographs, charts, records, and directories to the extent pos- sible. i. Collect, analyze, and distribute traffic data, such as traffic counts and accident data, to the public, governmental agencies, and other parties. j. Maintain and update a fiscally-constrained, multimodal transportation plan that results in the development of an integrated intermodal transportation system that facilitates the efficient movement of people and goods. The transportation plan shall be reviewed and updated at least every five years. k. Maintain, and update annually, a fiscally-constrained, four-year, multimodal Transportation Improvement Program (TIP) for Georgia, and a six-year TIP for South Carolina. l. Prepare an annual Unified Planning Work Program to document planning activities to be performed in the next fiscal year; in sufficient detail to indicate who will perform the work, the schedule for completion and the end products. m. Prepare an annual Performance Report that compares actual accomplishments to the work element descriptions in the Unified Planning Work Program. n. Compile, maintain, and document data on existing water, air, freight, and rail terminal and transfer facilities. o. Maintain and update as necessary the ARTS Public Participation Plan (PPP). The PPP doc- uments how the MPO will support early and continuing involvement of the public and other stakeholders in the development of transportation policies, plans and programs. p. Cooperate with the Georgia and South Carolina Departments of Transportation in the devel- opment and implementation of any transportation management systems mandated by Feder- al law. The MPO will have the lead responsibility in the development of the ARTS Conges- tion Management Process. q. Ensure that the Congestion Management Process and any other applicable management sys- tems shall, to the extent appropriate, be part of the metropolitan transportation planning pro- cess, and shall be considered in the development of the transportation plan and the TIP. r. Work cooperatively with all participating agencies when it is necessary to complete a Major Investment Study. s. Perform duties as described in the contract between the South Carolina Department of Transportation, Aiken County, and the Augusta Georgia Planning and Development De- partment for the Use of Section 104(f) Funds dated October 5, 1994. 7 t. Annually certify to the FHWA and the FTA, concurrently with the Georgia and South Caro- lina Departments of Transportation that the ARTS planning process is addressing the major issues facing the area and is being conducted in accordance with all applicable Federal laws. u. Prepare and submit quarterly and annual FTA reports. XII. IT IS FURTHER AGREED, that Augusta Georgia within its official jurisdiction be responsi- ble for the following: a. Maintain and keep current records of fiscal operations and abilities, administrative practic- es, and laws and ordinances that affect and concern transportation. A re-evaluation of these items shall be made at least every five (5) years and the results and recommendations which could affect the ARTS program will be coordinated with the Technical Coordinating Committee and the Policy Committee. b. Maintain records of accidents occurring on the roads and highways by location and descrip- tion, and maintain these files on a current basis and provide the data to the MPO for analy- sis and reports. c. When appropriate, provide funding for right-of-way acquisition and clearance that may be required for ARTS construction projects and be the agent responsible for acquiring said right-of-way. d. Aid the MPO in developing planning-oriented preliminary engineering, right-of-way and construction cost estimates for the ARTS Multimodal Transportation Plan. e. Be responsible for cooperating with the Augusta Georgia Planning and Development De- partment insofar as its authority extends. XIII. IT IS FURTHER AGREED, that Augusta Public Transit (APT) shall: a. Provide instructions and directions to the Augusta Georgia Planning and Development De- partment as to studies and plans to be conducted on its behalf by the Augusta Georgia Planning and Development Department, including, but not limited to, corridor and sub-area studies when necessary. b. Make available to the Augusta Georgia Planning and Development Department any rec- ords, documents or information necessary to accomplish APT's planning objectives and to develop the Augusta Multimodal Transportation Plan and the TIP. 8 c. Cooperate with the Georgia Department of Transportation in the development of any man- agement systems mandated by Federal law. d. Work cooperatively with all participating agencies when it is necessary to complete a Ma- jor Investment Study. XIV. IT IS FURTHER AGREED, that the City of Grovetown, Georgia within its official jurisdic- tion be responsible for the following: a. Maintain and keep current records of fiscal operations and abilities, administrative practic- es, and laws and ordinances that affect and concern transportation. A re-evaluation of these items shall be made at least every five (5) years and the results and recommendations which could affect the ARTS program will be coordinated with the Technical Coordinating Committee and the Policy Committee. b. Maintain records of accidents occurring on the roads and highways by location and descrip- tion, and maintain these files on a current basis and provide the data to the MPO for analy- sis and reports. c. Aid the MPO in developing preliminary engineering, right-of-way and construction cost es- timates where applicable for the ARTS Multimodal Transportation Plan. d. When appropriate, provide funding for right-of-way acquisition and clearance that may be required for ARTS construction projects and be the agent responsible for acquiring said right-of-way. XV. IT IS FURTHER AGREED, that Columbia County, Georgia within its official jurisdiction be responsible for the following: a. Provide the staff of the Augusta Georgia Planning and Development Department with in- formation needed to maintain and update ARTS transportation plans and to carry out work elements in the UPWP. b. Maintain records of accidents occurring on the roads and highways by location and descrip- tion, and maintain these files on a current basis and provide the data to the MPO for analy- sis and reports. c. Aid the MPO in developing preliminary engineering, right-of-way and construction cost es- timates for the ARTS Multimodal Transportation Plan. 9 d. When appropriate, provide funding for right-of-way acquisition and clearance that may be required for ARTS construction projects and be the agent responsible for acquiring said right-of-way. XVI. IT IS FURTHER AGREED, that Aiken County, South Carolina within its official jurisdiction be responsible for the following: a. Provide the staff of the Augusta Georgia Planning and Development Department with in- formation needed to maintain and update ARTS transportation plans and to carry out work elements in the UPWP. b. Maintain records of accidents occurring on the roads and highways by location and descrip- tion, and maintain these files on a current basis and provide the data to the MPO and the Ai- ken County Planning and Development Department for analysis and reports. c. Aid the MPO in developing preliminary engineering, right-of-way and construction cost es- timates for the ARTS Multimodal Transportation Plan. d. When appropriate, provide funding for right-of-way acquisition and clearance that may be required for ARTS construction projects and be the agent responsible for acquiring said right-of-way. e. Perform duties as described in the Contract between the South Carolina Department of Transportation, Aiken County, and the Augusta Georgia Planning and Development De- partment for the Use of Section 104(f) Funds dated October 5, 1994. XVII. IT IS FURTHER AGREED, that Edgefield County, South Carolina within its official juris- diction be responsible for the following: a. Provide the staff of the Augusta Georgia Planning and Development Department with in- formation needed to maintain and update ARTS transportation plans and to carry out work elements in the UPWP. b. Maintain records of accidents occurring on the roads and highways by location and descrip- tion, and maintain these files on a current basis and provide the data to the MPO and the Ai- ken County Planning and Development department for analysis and reports. c. Aid the MPO in developing preliminary engineering, right-of-way and construction cost es- timates for the ARTS Multimodal Transportation Plan. 10 XVIII. IT IS FURTHER AGREED, that the City of North Augusta, South Carolina within its offi- cial jurisdiction be responsible for the following: a. Maintain and keep current records of fiscal operations and abilities, administrative practices, and laws and ordinances that affect and concern transportation. A re-evaluation of these items shall be made at least every five (5) years and the results and recommendations which could affect the ARTS program will be coordinated with the Technical Coordinating Com- mittee and the Policy Committee. b. Maintain records of accidents occurring on the roads and highways by location and descrip- tion, and maintain these files on a current basis and provide the data to the MPO and the Ai- ken County Planning and Development Department for analysis and reports. c. Aid the MPO in developing preliminary engineering, right-of-way and construction cost es- timates where applicable for the ARTS 20-Year Transportation Plan. d. When appropriate, provide funding for right-of-way acquisition and clearance that may be required for ARTS construction projects and be the agent responsible for acquiring said right-of-way. XIX. IT IS FURTHER AGREED, that the City of Aiken, South Carolina within its official jurisdic- tion be responsible for the following: a. Maintain and keep current records of fiscal operations and abilities, administrative practices, and laws and ordinances that affect and concern transportation. A re-evaluation of these items shall be made at least every five (5) years and the results and recommendations which could affect the ARTS program will be coordinated with the Technical Coordinating Com- mittee and the Policy Committee. b. Maintain records of accidents occurring on the roads and highways by location and descrip- tion, and maintain these files on a current basis and provide the data to the MPO for analysis and reports. c. Aid the MPO in developing preliminary engineering, right-of-way and construction cost es- timates where applicable for the ARTS 20-Year Transportation Plan. d. When appropriate, provide funding for right-of-way acquisition and clearance that may be required for ARTS construction projects and be the agent responsible for acquiring said right-of-way. 11 XX. IT IS FURTHER AGREED that the City of Burnettown, South Carolina shall provide the staff of the Augusta Georgia Planning and Development Department with information needed to maintain and update ARTS transportation plans and to carry out work elements in the UPWP. XXI. IT IS FURTHER AGREED that the City of New Ellenton, South Carolina shall provide the staff of the Augusta Georgia Planning and Development Department with information needed to maintain and update ARTS transportation plans and to carry out work elements in the UPWP. XXII. IT IS FURTHER AGREED that the City of Hephzibah, Georgia shall provide the staff of the Augusta Georgia Planning and Development Department with information needed to maintain and update ARTS transportation plans and to carry out work elements in the UPWP. XXIII. IT IS FURTHER AGREED that the City of Blythe, Georgia shall provide the staff of the Au- gusta Georgia Planning and Development Department with information needed to maintain and update ARTS transportation plans and to carry out work elements in the UPWP. XXIV. IT IS FURTHER AGREED, that the Lower Savannah Council of Governments (LSCOG), in its capacity as administrator of Aiken County Transit, shall: a. Make available to the Augusta Georgia Planning and Development Department any rec- ords, documents or information necessary to accomplish planning objectives related to Ai- ken County Transit and to develop the Augusta Multimodal Transportation Plan and the TIP. b. Cooperate with the South Carolina Department of Transportation in the development of any management systems mandated by Federal law. c. Work cooperatively with all participating agencies when it is necessary to complete a Major Investment Study. XXV. IT IS FURTHER AGREED, that Fort Gordon either provide or assist the staff of the Augusta Georgia Planning and Development Department in gathering information needed to maintain and update ARTS transportation plans, to carry out work elements in the UPWP, and to insure that Fort Gordon is adequately served by the ARTS. IS FURTHER AGREED, that: 12 a. The Study shall be of a continuing, comprehensive, cooperative nature and that all plan- ning decisions shall be reflective of and responsive to the needs and desires of the local communities as well as the programs and requirements of the Georgia and South Carolina Departments of Transportation and the U.S. Department of Transportation. b. A reappraisal shall be made of the Study whenever there is a significant change in the community's goals and objectives, land use patterns, or travel characteristics, or at least once every five (5) years. c. The participating agencies shall cooperate in all phases of the Study. Adequate and compe- tent personnel shall be assigned to insure development of adequate and reliable data. d. All parties to this agreement shall have access to all study related information developed by the other agencies, including the right to make duplication thereof. This document is a Memorandum of Understanding expressing the present intentions of the par- ties. Nothing contained herein shall require the undertaking of any act, project, study, analysis, or any other activity by any party until a contract for such activity is executed. Nor shall this document require the expenditure of any funds by any party until a contract authorizing such expenditure is executed. However, nothing contained herein shall be construed to prohibit any party's undertaking any act, project, study, analysis, or any other activity which the party is required by law or contract to under- take as part of any other program which fulfills some function shown herein as intended to be performed by the party undertaking such act, project, study, analysis, or other activity. In witness whereof, the parties hereto have executed this Memorandum of Understanding, this ________________ day of _____________________, 2015 13 14 CITY OF AUGUSTA, GEORGIA __________________________________________ ___________________________________________ Witness Mayor - Hardie Davis ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 15 AUGUSTA PUBLIC TRANSIT – AUGUSTA, GEORGIA __________________________________________ ___________________________________________ Witness General Manager - Patrick Stephens ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 16 CITY OF HEPZIBAH, GEORGIA __________________________________________ ___________________________________________ Witness Commission Chairman – Robert Buchwitz ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 17 CITY OF BLYTHE, GEORGIA __________________________________________ ___________________________________________ Witness Mayor - Brent Weir ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 18 CITY OF GROVETOWN, GEORGIA __________________________________________ ___________________________________________ Witness Mayor - George James ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 19 COUNTY OF COLUMBIA, GEORGIA __________________________________________ ___________________________________________ Witness Commission Chairman – Ron Cross ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 20 AUGUSTA GEORGIA PLANNING & DEVELOPMENT DEPARTMENT __________________________________________ ___________________________________________ Witness Director – Melanie Wilson ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 21 FORT GORDON, GEORGIA __________________________________________ ___________________________________________ Witness Garrison Comander – Col. Samuel G. Anderson ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 22 COUNTY OF AIKEN, SOUTH CAROLINA __________________________________________ ___________________________________________ Witness Commission Chairman – Ronnie Young __________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 23 COUNTY OF NEW ELLENTON, SOUTH CAROLINA __________________________________________ ___________________________________________ Witness Mayor – Vernon Dunbar __________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 24 AIKEN COUNTY TRANSIT – BEST FRIEND EXPRESS __________________________________________ ___________________________________________ Witness Executive Director Lower Savannah COG – Connie Shade ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 25 CITY OF NORTH AUGUSTA, SOUTH CAROLINA __________________________________________ ___________________________________________ Witness Mayor - Lark W. Jones ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 26 CITY OF AIKEN, SOUTH CAROLINA __________________________________________ ___________________________________________ Witness Mayor - Fred Cavanaugh ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 27 CITY OF BURNETTOWN, SOUTH CAROLINA __________________________________________ ___________________________________________ Witness Mayor - Jonathan Dicks ___________________________________________ Seal Notary Public ___________________________________________ My Commission Expires: 28 Signed, Sealed and Executed for the SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION Recommended by: ____________________________________________ ___________________________________________ Mark Lester, Deputy Secretary for Intermodal Planning Christy Hall, Deputy Secretary for Engineering ATTEST: Seal ___________________________________________ Mark Pleasant, Director of Planning ___________________________________________ ___________________________________________ Notary Public My Commission Expires: 29 Signed, Sealed and Executed for the GEORGIA DEPARTMENT OF TRANSPORTATION __________________________________________ __________________________________________ Jay Roberts, Director of Planning Russell McMurry, P.E., Georgia DOT Commissioner ___________________________________________ Seal Carol Comer, Director of Intermodal Planning ___________________________________________ __________________________________________ Notary Public My Commission Expires Commission Meeting Agenda 9/15/2015 2:00 PM Transportation Planning Memorandum of Understanding Department:Planning and Development Caption:Motion to approve Updated Memorandum of Understanding (MOU) for the Augusta Regional Transportation Study. (Approved by Finance Committee September 8, 2015) Background:Augusta is the Metropolitan Planning Organization (MPO) responsible for coordinating transportation planning done as part of the Augusta Regional Transportation Study (ARTS). Federal regulations require that the MPO, the other local governments that are part of ARTS, the states of Georgia and South Carolina and providers of public transportation in the study area cooperatively determine their mutual responsibilities in carrying out the metropolitan transportation planning process. These responsibilities are identified in a written Memorandum of Understanding (MOU). Analysis:The ARTS MOU has recently been updated to include the town of New Ellenton, South Carolina within the ARTS area. New Ellenton qualified to be included in the ARTS area as a result of the 2010 Census. The MOU has been updated to include New Ellenton and to make other minor corrections. The mutual responsibilities of all other parties, including Augusta, remain unchanged from the current version of the MOU. Financial Impact:No financial impact Alternatives:None recommended Recommendation:Approve the updated ARTS Memorandum of Understanding MOU and authorize the mayor to sign the MOU. Funds are Available in the Following Accounts: Not applicable REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission ATLANTA 5665509.2 AUTHORIZING RESOLUTION WHEREAS, the Augusta-Richmond County Commission (the “Commission”), which is the governing body of Augusta, Georgia (the “Consolidated Government”), in order to exercise the powers conferred upon the Consolidated Government by Chapter 61 of Title 36 of the Official Code of Georgia Annotated, entitled the “Urban Redevelopment Law,” as amended (the “Urban Redevelopment Law”), adopted a resolution on March [16], 2010, finding that one or more slum areas exist in Augusta, Georgia and that the rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of Augusta, Georgia; and WHEREAS, the Commission, by resolution adopted on March [16], 2010, designated the area covered by the hereinafter described urban redevelopment plan as a “slum area” that the Commission designated as appropriate for urban redevelopment projects; and WHEREAS, the Commission held public hearings on March 22, 2010 and April 1, 2010, on a proposed urban redevelopment plan entitled “Laney-Walker and Bethlehem Urban Redevelopment Plan” (the “Plan”), a copy of which is on file with the Consolidated Government; and WHEREAS, public notice of such public hearings were published in the Augusta Chronicle, a newspaper having a general circulation in the area of operation of the Consolidated Government, on March 18, 2010 and March __, 2010, and proof of such publication is on file with the Consolidated Government; and WHEREAS, the Commission, by resolution adopted on April 1, 2010, approved the Plan and the urban redevelopment projects set forth therein; and WHEREAS, the Urban Redevelopment Agency of Augusta (the “Agency”) is a public body corporate and politic duly created and validly existing under and pursuant to the Urban Redevelopment Law; and WHEREAS, the Consolidated Government, by resolution adopted on April 1, 2010, activated the Agency and elected to have the Agency exercise the Consolidated Government’s “urban redevelopment project powers” under the Urban Redevelopment Law, and the Agency’s commissioners have been appointed as provided in the Urban Redevelopment Law and are currently acting in that capacity; and WHEREAS, an Act of the General Assembly of the State of Georgia, which became effective on July 1, 2015, amended the Urban Redevelopment Law to substitute the terms “pocket of blight” and “pocket of blight clearance and redevelopment,” for the terms “slum area” and “slum clearance and redevelopment,” although the meanings assigned to such terms were not amended; and WHEREAS, the Urban Redevelopment Law authorizes the Consolidated Government to appropriate such funds and make such expenditures as may be necessary to carry out the -2- ATLANTA 5665509.2 purposes of the Urban Redevelopment Law and to levy taxes and assessments for such purposes; and WHEREAS, Article IX, Section III, Paragraph I of the Constitution of the State of Georgia of 1983 authorizes the Consolidated Government to contract for any period not exceeding fifty years with any public corporation or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment, if such contract deals with activities, services, or facilities that the contracting parties are authorized by law to undertake or provide; and WHEREAS, the Agency, by a Bond Resolution duly and validly adopted on May [13], 2010, as supplemented and amended by a Supplemental Bond Resolution adopted on June 17, 2010, authorized, issued, and delivered $8,000,000 in original aggregate principal amount of its Revenue Bonds (Laney-Walker and Bethlehem Project), Series 2010 (the “Series 2010 Bonds”), for the purpose of obtaining funds to finance the costs of acquiring, constructing, and installing certain urban redevelopment projects contemplated by the Plan, and the Series 2010 Bonds are now outstanding in the aggregate principal amount of $6,710,000; and WHEREAS, the Agency obtained a loan from the Consolidated Government to finance additional costs of acquiring, constructing, and installing certain urban redevelopment projects contemplated by the Plan, and the Agency’s obligation to repay such loan is evidenced by a Promissory Note, dated June 19, 2014 and maturing on October 1, 2015 (the “2014 Note”), executed by the Agency and payable to the order of the Consolidated Government, in the original principal amount of $2,500,000, all of which remains outstanding; and WHEREAS, after careful study and investigation, the Agency and the Consolidated Government have each heretofore further determined that funds are needed in order for the Agency to finance additional costs of acquiring, constructing, and installing certain urban redevelopment projects contemplated by the Plan; and WHEREAS, the Agency proposes to issue, sell, and deliver its revenue bonds to be known as “Urban Redevelopment Agency of Augusta Revenue Bonds (Laney-Walker and Bethlehem Project), Federally Taxable Series 2015” (the “Series 2015 Bonds”), in the aggregate principal amount of $__________, for the purpose of obtaining funds to refund the Series 2010 Bonds maturing October 1, 2015, to refinance the 2014 Note, to finance the costs of acquiring, constructing, and installing certain urban redevelopment projects contemplated by the Plan (the “2015 Project”), and to finance related costs; and WHEREAS, the Agency and the Consolidated Government propose to enter into an Intergovernmental Service Agreement (the “Agreement”), to be dated as of September 1, 2015, the form of which has been filed with the Consolidated Government and submitted to the Commission, with respect to the 2015 Project under the terms of which the Consolidated Government (1) will agree to make payments to the Agency in amounts sufficient to enable the Agency to pay the principal of, premium, if any, and interest on the Series 2015 Bonds when due, and (2) will agree to levy an annual ad valorem tax on all taxable property located within the territorial limits of the Consolidated Government, at such rate or rates, within the mill limit prescribed by an amendment to Article VII, Section I, Paragraph II of the Constitution of the -3- ATLANTA 5665509.2 State of Georgia of 1945 (1980 Ga. Laws 2177 to 2180, inclusive), now specifically continued as a part of the Constitution of the State of Georgia of 1983 pursuant to an Act of the General Assembly of the State of Georgia (1983 Ga. Laws 3870 to 3872, inclusive) (the “Constitutional Amendment”), or within such greater millage as may hereafter be prescribed by applicable law, as may be necessary to produce in each year revenues that are sufficient to fulfill the Consolidated Government’s obligations under the Agreement; and WHEREAS, the Agency adopted a Master Bond Resolution on September __, 2014, as supplemented and amended by a Supplemental Series 2015 Bond Resolution adopted by the Agency on September 15, 2015 (collectively the “Bond Resolution”), authorizing the issuance of the Series 2015 Bonds for the purpose of financing the costs of acquiring, constructing, and installing the 2015 Project; and WHEREAS, pursuant to the Bond Resolution, the payments to be received by the Agency from the Consolidated Government pursuant to the Agreement are pledged to, and a first priority lien is created thereon as security for, the payment of principal of, premium, if any, and interest on the Series 2015 Bonds and any Additional Bonds (as defined in the Bond Resolution) that may be issued; and WHEREAS, the Master Bond Resolution sets forth, among other things, the interest rates that the Series 2015 Bonds bear and the principal amount of the Series 2015 Bonds that will mature, either at maturity or by proceedings for mandatory redemption, in each year, and the Agency has furnished the Consolidated Government with a certified copy of the Master Bond Resolution in order that any payments required to be made by the Consolidated Government under the Agreement may be accurately computed and conclusively established; and WHEREAS, the Agency authorized the marketing of the Series 2015 Bonds by means of a Preliminary Official Statement, dated September __, 2015 (collectively the “Preliminary Official Statement”), and an Official Statement, to be dated the date hereof (the “Official Statement”), both of which contain information about the Agency, the Consolidated Government, and the 2015 Project; and WHEREAS, pursuant to an Official Notice of Sale with respect to the Series 2015 Bonds circulated by the Agency (the “Notice of Sale”), providing for the receipt by the Agency of electronic bids submitted via PARITY for the purchase of the Series 2015 Bonds, the Agency has received electronic bids submitted via PARITY for the purchase of the Series 2015 Bonds; and WHEREAS, pursuant to the Bond Resolution, the Agency authorized the sale of the Series 2015 Bonds to _________________, which is the responsible bidder whose bid resulted in the lowest interest true cost to the Agency in accordance with the Notice of Sale; and WHEREAS, after careful study and investigation, the Consolidated Government desires to enter into the Agreement; -4- ATLANTA 5665509.2 NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission as follows: 1. The forms, terms, and conditions and the execution, delivery, and performance of the Agreement, which has been filed with the Consolidated Government, are hereby approved and authorized. The Agreement shall be in substantially the form submitted to the Commission with such changes, corrections, deletions, insertions, variations, additions, or omissions as may be approved by the Mayor or Mayor Pro Tempore of the Consolidated Government, whose approval thereof shall be conclusively evidenced by the execution of the Agreements. 2. The Mayor or Mayor Pro Tempore of the Consolidated Government is hereby authorized and directed to execute on behalf of the Consolidated Government the Agreement, and the Clerk of Commission of the Consolidated Government is hereby authorized and directed to affix thereto and attest the seal of the Consolidated Government, upon proper execution and delivery of the other parties thereto, provided, that in no event shall any such attestation or affixation of the seal of the Consolidated Government be required as a prerequisite to the effectiveness thereof, and the Mayor or Mayor Pro Tempore and Clerk of Commission of the Consolidated Government are authorized and directed to deliver the Agreement on behalf of the Consolidated Government to the other parties thereto, and to execute and deliver all such other contracts, instruments, documents, affidavits, or certificates (including, without limitation, a Rule 15c2-12 Certificate and a Continuing Disclosure Certificate) and to do and perform all such things and acts as each shall deem necessary or appropriate in furtherance of the issuance of the Series 2015 Bonds and the carrying out of the transactions authorized by this Resolution or contemplated by the instruments and documents referred to in this Resolution. 3. The use and distribution of the Preliminary Official Statement and the Official Statement with respect to the Series 2015 Bonds shall be and is hereby authorized, ratified, confirmed, and approved, and execution and delivery of the Official Statement in final form shall be and is hereby authorized, ratified, confirmed, and approved. The Mayor or Mayor Pro Tempore is hereby authorized and directed to ratify, confirm, approve, execute, and deliver the Official Statement on behalf of the Consolidated Government, and the execution of an Official Statement by the Mayor or Mayor Pro Tempore shall constitute conclusive evidence of the Mayor or Mayor Pro Tempore’s ratification, confirmation, approval, and delivery thereof on behalf of the Consolidated Government. 4. This Resolution and the Agreement, as approved by this Resolution, which are hereby incorporated in this Resolution by this reference thereto, shall be placed on file at the office of the Consolidated Government and made available for public inspection by any interested party immediately following the passage and approval of this Resolution. -5- ATLANTA 5665509.2 PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 15th day of September 2015. (SEAL) AUGUSTA, GEORGIA By: Mayor Attest: Clerk of Commission ATLANTA 5665509.2 CLERK OF COMMISSION’S CERTIFICATE I, LENA J. BONNER, the duly appointed, qualified, and acting Clerk of Commission of Augusta, Georgia (the “Consolidated Government”), DO HEREBY CERTIFY that the foregoing pages of typewritten matter constitute a true and correct copy of a resolution adopted on September 15, 2015, by the Augusta-Richmond County Commission (the “Commission”) in a meeting duly called and assembled in accordance with applicable laws and with the procedures of the Consolidated Government, by a vote of _____Yea and _____ Nay, which meeting was open to the public and at which a quorum was present and acting throughout, and that the original of the foregoing resolution appears of public record in the Minute Book of the Commission, which is in my custody and control. GIVEN under my hand and the seal of the Consolidated Government, this 15th day of September 2015. (SEAL) Clerk of Commission Urban Redevelopment Authority Bonds Laney Walker Bethlehem Project Funding Calendar September 8, 2015 Committee to consider Intergovernmental Agreement (IGA) between Augusta and Urban Redevelopment Agency (URA) of Augusta September 8 or 9, 2015 URA adopts bond parameters resolution and approves IGA September 15, 2015 Commission approves IGA with URA September 15, 2015 URA approves bond pricing September 30, 2015 Bond closing – funding September 30, 2015 URA Revenue Bonds Series 2010 paid Commission Meeting Agenda 9/15/2015 2:00 PM Approve authorizing resolution for issuance of bonds by URA Department:FInance / HCD Caption:Approve resolution authorizing execution of intergovernemneal agreement (IGA) with the Urban Redevelopment Agency (URA) to refund the Laney Walker Bethlehem bonds and repay the $2.5 million bridge loan. (No recommendation from Finance Committee September 8, 2015) Background:The URA issued bonds in 2010 for the Laney Walker Bethlehem urban redevelopment project. These bonds are due October 1, 2015 and it is necessary for Augusta to enter into an IGA with the URA to issue new bonds. The new bonds will also pay off the $2.5 million bridge loan to the URA and provide some additional funding for the project. Analysis:Issuance of bonds allows the redevelopement of the Laney Walker Bethlehem project to continue Financial Impact:As the bonds are due in October 2015 the issuance is necessary to pay the bonds and bridge loan in full. Alternatives:No practical alternatives Recommendation:Approve IGA resoltuion Funds are Available in the Following Accounts: FUND 950 REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2015 2:00 PM #1 Turbine, Raw Water Pumping Station Department:Augusta Utilities Department Caption:Motion to approve Change Order in the amount of $126,290 for the Goodrich Street RWPS Improvements Project and specifically #1 turbine refurbishment for American Hydro Corporation (RFQ 13-193). Funded from the 2014 CIP Bond Fund. (Approved by Engineering Services Committee September 8, 2015) Background:At the February 18, 2014 Commission meeting, Weir American Hydro was awarded a contract to refurbish the existing #1 turbine and build the new #9 turbine for the Raw Water Pumping Station. The original contract amount was $5,288,200. During the refurbishment of #1 turbine, unforseen internal defects were revealed that were not originally anticipated. Also, we elected to automate the gearbox that adjusts the wicket gates, which will allow the operators to adjust the output power remotely. Analysis:This change order consists of additional work that could not have been forseen at the time of contract award, as well as project enhancements that will improve the operation of the pumping system. Augusta Utilities Department has reviewed the change order and requests approval of the additional funds in the amount of $126,290.00 Financial Impact:Funds are provided 512043410-5225110/81400010-5225110 Alternatives:No viable alternative Recommendation:Augusta Utilities Department recommends the Commission approve the change order to the contract with American Hydro Corporation in the amount of $126,290.00 Funds are Available in the Following Accounts: 512043410-5225110/81400010-5225110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS SANITARY SEWER CONNECTION SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND PLUMBER This Agreement is made and entered into this ______ day of _ ___________, 20 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called “AUGUSTA” and , a Corporation authorized to do business in Georgia, hereinafter called the "PLUMBER." WHEREAS, AUGUSTA desires to engage a qualified and experienced consulting firm to furnish professional services for: WHEREAS, the PLUMBER has represented to AUGUSTA that it is experienced and qualified to provide the services contained herein and AUGUSTA has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between AUGUSTA and the PLUMBER that: CONTRACT DOCUMENTS AND SPECIFICATIONS FOR SANITARY SEWER CONNECTION PROGRAM SERVICES Augusta, Georgia The Honorable Hardie Davis, Jr., Mayor Commissioners: William Fennoy Dennis Williams Sammie Sias Ben Hasan Bill Lockett Sean Franton Mary Davis Wayne Guilfoyle Marion Williams Grady Smith Tom D. Wiedmeier Director, Augusta Utilities Department Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 DATE September 15, 2015 GENERAL CONDITIONS ARTICLE --DEFINITIONS Wherever used in this Agreement or in other Contract Documents, whether in the singular or in the plural, the following terms shall have the following meanings: Addenda-Any changes, revisions or clarifications of the Contract Documents which have been duly issued by AUGUSTA to prospective Bidders prior to the time of opening of Bids. Agreement-The written agreement between AUGUSTA and PLUMBER covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein. Agreement Execution - means the date on which PLUMBER executes and enters into an Agreement with AUGUSTA to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the PLUMBER under this Agreement. Application for Payment-The form accepted by PROJECT MANAGER which is to be used by PLUMBER in requesting progress or final payments and which is to include such supporting documentation as is required by the Contract Documents. AUGUSTA –means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the price(s) for the Work to be performed. Bonds-Bid, performance and payment bonds and other instruments of security furnished by PLUMBER and its Surety in accordance with the Contract Documents. Change Order-- A document recommended by PROJECT MANAGER, which is signed by PLUMBER and AUGUSTA, and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Documents- All documents which define the scope of the project, including but not limited to, this Agreement, task orders, specifications, advertisement for bids, instructions to bidders, the bid, the proposal, bonds, general conditions, special conditions, insurance and technical specifications. Contract Price-The moneys payable by AUGUSTA to PLUMBER under the Contract Documents as stated in the Agreement and/or Task Orders Contract Time - means the period of time stated in this Agreement for the completion of the Work. Day-Either a working day or calendar day as specified in the bid documents. If a calendar day shall fall on a legal holiday, that day will be omitted from the computation. Legal Holidays: New Year’s Day, Martin Luther King Day, Memorial Day, 4th of July, Labor Day, Veterans Day, Thanksgiving Day and the following Friday, and Christmas Day. Defective- An adjective which, when modifying the word Work, refers to Work that is unsatisfactory, faulty or deficient, does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to PROJECT MANAGER's recommendation of final payment, unless responsibility for the protection thereof has been assumed by AUGUSTA at Substantial Completion (in accordance with paragraph 14.8 or 14.10). Drawings-The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by PROJECT MANAGER and are referred to in the Contract Documents. Effective Date of the Agreement-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed by the Mayor of Augusta, Georgia. Field Order-A written order issued by PROJECT MANAGER that modifies Drawings and Specifications, but which does not involve a change in the Contract Price or the Contract Time. Laws or Regulations-Laws, rules, regulations, ordinances, codes and/or orders. Notice of Award-The written notice by AUGUSTA to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified, AUGUSTA will sign and deliver the Agreement. Notice to Proceed-A written notice given by PROJECT MANAGER to PLUMBER fixing the date on which the Contract Time will commence to run and on which PLUMBER shall start to perform PLUMBER'S obligations under the Contract Documents and/or the Task Orders. PLUMBER - means the party or parties contracting directly with AUGUSTA to perform Work pursuant to this Agreement. PROJECT MANAGER-The Architectural/Engineering firm or individual or in-house licensed person designated to perform the design and/or resident engineer services for the Work. Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work and certain administrative details applicable thereto. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with PLUMBER or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Substantial Completion-The Work (or a specified part thereof) has progressed to the point where, in the opinion of PROJECT MANAGER as evidenced by PROJECT MANAGER's definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be used for the purposes for which it is intended, or if there be no such certificate issued, when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof. Supplemental Agreement - means a written order to PLUMBER signed by AUGUSTA and accepted by PLUMBER, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order – means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by PLUMBER. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including the abandonment of existing septic tanks, running sewer plumbing from subject properties, providing clean-out tap at subject property line, including all appurtenances related thereto, restoring necessary concrete and/or asphalt, and services as may be more specifically defined in the Sewer Connection Task Order, assigned to or undertaken by PLUMBER under this Agreement. Work Change Directive-A written directive to PLUMBER, issued on or after the Effective Date of the Agreement and signed by AUGUSTA and recommended by PROJECT MANAGER, ordering an addition, deletion or revision in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Change Directive may not change the Contract Price or the Contract Time but is evidence that the parties expect that the change directed or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as provided in Article 10. Written Amendment-A written amendment of the Contract Documents, signed by AUGUSTA and PLUMBER on or after the Effective Date of the Agreement and normally dealing with the non-engineering or non-technical rather than strictly Work-related aspects of the Contract Documents. ARTICLE —CONTRACT DOCUMENTS; INTENT, AMENDING, REUSE 3.1 List of Documents The Agreement, the Attachments, the General Conditions, the Special Conditions, the Procurement RFQ/Bid package documents, any Supplemental Written Agreements, including Task Orders shall constitute the Agreement Documents (the “Agreement”). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement – Including Attachments 2. General Conditions 3. Supplemental Conditions – Including Task Orders 4. Procurement RFQ/Bid package documents 3.2 Intent: 1. The Contract Documents comprise the entire agreement between AUGUSTA and PLUMBER concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Georgia. 2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be supplied whether or not specifically called for. When words or phrases which have a well-known technical or construction industry or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. 3. Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in 3.6 or 3.7, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity or discrepancy between the provisions of the Contract Documents and the provisions of any such standard, specification, manual, code or instruction (whether or not specifically incorporated by reference in the Contract Documents) and the provisions of any such Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). Clarifications and interpretations of the Contract Documents shall be issued by PROJECT MANAGER as provided in paragraph 9.4. 4. Reference to standards, specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard, specification, manual, code or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 5. If, during the performance of the Work, PLUMBER discovers any conflict, error, ambiguity or discrepancy within the Contract Documents or between the Contract Documents and any provision of any such Law or Regulation applicable to the performance of the Work or of any such standard, specification, manual or code or of any instruction of any Supplier referred to in 6.7, PLUMBER shall so report to PROJECT MANAGER in writing at once and before proceeding with the Work affected thereby and shall obtain a written interpretation or clarification from PROJECT MANAGER; however, PLUMBER shall not be liable to AUGUSTA or PROJECT MANAGER for failure to report any conflict, error, ambiguity or discrepancy in the Contract Documents unless PLUMBER had actual knowledge thereof or should reasonably have known thereof. 3.3 Amending and Supplementing Contract Documents: 1.) The Contract Documents may be amended to provide for additions, deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1. a formal Written Amendment, 2. a Change Order (pursuant to paragraph 10.3), or 3. a Work Change Directive (pursuant to paragraph 10.4). 2.) As indicated in paragraphs 11.2 and 12.1, Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 3.) In addition, the requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized in one or more of the following ways: 1. a Field Order (pursuant to paragraph 9.5). 2. PROJECT MANAGER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.24 and 6.26), or 3. PROJECT MANAGER's written interpretation or clarification (pursuant to paragraph 9.4). 3.4 Reuse of documents: 1.) Neither PLUMBER nor any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with AUGUSTA shall have or acquire any title to or Ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of PROJECT MANAGER or PROJECT MANAGER's consultant; and they shall not reuse such Drawings, Specifications or other documents (or copies of any thereof) on extensions of the Project or any other project without written consent of AUGUSTA and PROJECT MANAGER and specific written verification or adaptation by PROJECT MANAGER. 3.5 BINDINGS It is further agreed that AUGUSTA and PLUMBER each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither AUGUSTA nor the PLUMBER shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. ARTICLE—BONDS AND INSURANCE 5.1 Performance and Other Bonds: 5.1.1 PLUMBER shall furnish performance and payment Bonds, each in an amount at least equal to the Contract Price as Security for the faithful performance and payment of all PLUMBER's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date when final payment becomes due, except as otherwise provided by Law or Regulation or by the Contract Documents. PLUMBER shall also furnish such other Bonds as are required by the Supplementary Conditions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds, and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2 Licensed Sureties and Insurers; Certificates of Insurance 5.2.1 All bonds and insurance required by the Contract Documents to be purchased and maintained by PLUMBER shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Georgia to issue bonds or insurance policies for the limits and coverages so required. All bonds signed by an agent must be accompanied by a certified copy of authority to act. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.2.2. PLUMBER shall deliver to AUGUSTA, with copies to each additional insured identified in 5.3, an original or a certified copy of the complete insurance policy for each policy required, certificates of insurance (and other evidence of insurance requested by AUGUSTA or any other additional insured) which PLUMBER is required to purchase and maintain in accordance with 5.3. 5.2.3. If the surety on any Bond furnished by PLUMBER is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.1, PLUMBER shall within five days thereafter substitute another Bond and Surety, both of which must be acceptable to AUGUSTA. 5.3 PLUMBER's Liability Insurance: 5.3.1 PLUMBER shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from PLUMBER's performance and furnishing of the Work and PLUMBER's other obligations under the Contract Documents, whether it is to be performed or furnished by PLUMBER, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable: 5.3.1. Claims under workers' or workmen's compensation, disability benefits and other similar employee benefit acts; 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease, or death of PLUMBER's employees; 5.3.3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than PLUMBER's employees; 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by PLUMBER, or (b) by any other person for any other reason; 5.3.5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; 5.3.6. Claims arising out of operation of Laws or Regulations for damages because of bodily injury or death of any person or for damage to property; and 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the OWNERSHIP, maintenance or use of any motor vehicle. The insurance required by this paragraph 5.3 shall include the specific coverage’s and be written for not less than the limits of liability and coverage’s provided in the Supplementary Conditions, or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to AUGUSTA, PROGRAM MANAGER, and PROJECT MANAGER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when PLUMBER may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition, PLUMBER shall maintain such completed operations insurance for at least two years after final payment and furnish AUGUSTA with evidence of continuation of such insurance at final payment and one year thereafter. 5.4 Contractual Liability Insurance: 5.4.1 The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to PLUMBER's obligations under paragraphs 6.32 and 6.33. 5.5 Indemnification 5.5.1. PLUMBER shall indemnify and hold harmless AUGUSTA, PROGRAM MANAGER, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from the performance of its Work, provided that any such liability, claim, suit, demand, damage, loss, or expense (a) is attributable to bodily injury, sickness, disease or death, or injury to or destruction of tangible property, including the loss of use resulting therefrom and (b) is caused in whole or in part by an act or omission of PLUMBER, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, whether or not it is caused in whole or in part by the negligence or other fault of a party indemnified hereunder. 5.5.2. In any and all claims against AUGUSTA or any of its agents or employees by any employee of PLUMBER, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under the previous paragraph shall not be limited in any way as to the amount or type of damages, compensation or benefits payable by or for PLUMBER or any SUBPLUMBER under workmen’s compensation acts, disability benefit acts, or other employee benefit acts. 5.5.3. PLUMBER shall indemnify and hold harmless AUGUSTA and anyone directly or indirectly employed by it from and against all claims, suits, demands, damages, losses expenses (including attorneys’ fees) arising out of any infringement on patent or copyrights held by others and shall defend all such claims in connection with any alleged infringement of such rights. 5.6 CONTRACTOR’S LIABILITY INSURANCE: Insurance shall be written with limits of liability shown below or as required by law, whichever is greater: Commercial General Liability (per occurrence) Each Occurrence $ 1,000,000 General Aggregate $ 2,000,000 Products $ 2,000,000 Personal & Adv Injury $ 1,000,000 Fire Damage $ 500,000 Automobile Liability (any auto) Combined Single Limit $ 1,000,000 Excess Liability (any auto) Each Occurrence $ 5,000,000 Workers Compensation Statutory Limits Employer Liability $1,000,000 ARTICLE—PLUMBER’S RESPONSIBILITIES 6.1. PLUMBER shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. PLUMBER shall be solely responsible for the means, methods, techniques, sequences and procedures of Work. PLUMBER shall be responsible to see that the finished Work complies accurately with the Contract Documents. 1. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by PLUMBER under this Agreement will be the level of care and that is ordinarily used by members of PLUMBER’S profession practicing under similar conditions. 6.2. PLUMBER shall keep on the Work, at all times during its progress, a competent resident superintendent, who shall not be replaced without written notice to AUGUSTA and PROJECT MANAGER except under extraordinary circumstances. The superintendent will be PLUMBER's representative at the site and shall have authority to act on behalf of PLUMBER. All communications to the superintendent shall be as binding as if given to PLUMBER. ARTICLE— WARRANTY AND GUARANTEE; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 12.1 Warranty and Guarantee: 1. PLUMBER warrants and guarantees to AUGUSTA that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. Notice of all defects shall be given to PLUMBER by PROJECT MANAGER. All defective work, whether or not in place, may be rejected, corrected, or accepted as provided in this Article. 2. PLUMBER shall warrant and guarantee to each individual property owner that all materials and equipment will be new unless otherwise specified and that all work will be of good quality, performed in a workmanlike manner, free from faults or defects, and in accordance with the requirements of the Contract Documents and any inspections, tests, or approvals referred to in this Article. All unsatisfactory Work, all faulty Work and all Work not conforming to the requirements of the Contract Documents or such inspections, tests, approvals, or all applicable building, construction and safety requirements shall be considered defective. 12.2 Access to Work: 1. For the duration of the Work, PROJECT MANAGER and its representatives, other designated representatives of AUGUSTA, and authorized representatives of any regulatory agency shall at all times be given access to the Work. PLUMBER shall provide proper facilities for such access and observation of the Work and also for any inspection or testing by others. 12.3 Uncovering Work: 1. If any Work required to be inspected, tested or approved is covered prior thereto without the prior written approval of PROJECT MANAGER, or if any Work is covered contrary to the request of PROJECT MANAGER, the Work shall, if requested by PROJECT MANAGER, be uncovered for observation, inspection, testing or approval and replaced at PLUMBER’s expense. 2. If PROJECT MANAGER considers it necessary or advisable that covered Work be observed by PROJECT MANAGER or inspected or tested by others, PLUMBER, at PROJECT MANAGER's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROJECT MANAGER may require, that portion of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such Work is defective, PLUMBER shall bear all direct and consequential costs of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction (including but not limited to fees and charges of PROJECT MANAGERs, architects, attorneys and other PROJECT MANAGERs), and AUGUSTA shall be entitled to an appropriate decrease in the Contract Price and, if the parties are unable to agree as to the amount thereof, AUGUSTA may make a claim therefor as provided in Article 11. If, however, such Work is not found to be defective, PLUMBER shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction, and, if the parties are unable to agree as to the amount or extent thereof, PLUMBER may make a claim therefor as provided in Articles 11 and 12. 12.4 AUGUSTA May Stop the Work: 1. When Work is defective or when PLUMBER fails to supply sufficient skilled workmen or suitable materials or equipment or make prompt payments to Subcontractors for labor, materials, or equipment or if PLUMBER violates any provisions of these Contract Documents, AUGUSTA may order PLUMBER to stop the Work until the cause for such order has been eliminated. However, this right of AUGUSTA to stop the Work shall not give rise to any duty on the part of AUGUSTA to exercise this right for the benefit of PLUMBER or any other party. PLUMBER shall have no right to claim an increase in the Contract Price or Contract Time or other damages for a stop work order under this paragraph. 12.5 Correction or Removal of Defective Work: 1. When directed by PROJECT MANAGER, PLUMBER shall promptly, without cost to AUGUSTA and as specified by PROJECT MANAGER, either correct the defective Work whether fabricated, installed, or completed, or remove it from the site and replace it with non-defective Work. If PLUMBER does not correct such defective Work or remove and replace such defective Work within a reasonable time, as specified in a written notice from PROJECT MANAGER, AUGUSTA may have the deficiency corrected. All direct and indirect costs of such correction shall be paid by PLUMBER or deducted from payment to PLUMBER. PLUMBER will also bear the expense of correcting or removing and replacing all Work of others destroyed or damaged by the correction, removal, or replacement of the defective Work. 12.6 One Year Correction Period: 1. If, after approval of final payment and prior to the expiration of one year after the date of substantial completion or such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any Work or materials are found to be defective, incomplete, or otherwise not in accordance with the Contract Documents, PLUMBER shall promptly, without cost to AUGUSTA and in accordance with AUGUSTA’s written instructions, either correct such defective Work or if it has been rejected by AUGUSTA, remove it from the Site and replace it with non-defective Work. If PLUMBER does not promptly comply with the terms of such instructions, AUGUSTA may have the defective Work corrected, removed, or replaced. All direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other PROJECT MANAGERs) will be paid by PLUMBER. 12.7 Neglected Work by PLUMBER 1. If PLUMBER neglects to execute the Work in accordance with the Contract Documents, including any requirements of the progress schedule, PROJECT MANAGER may direct PLUMBER to submit a recovery plan and take specific corrective actions including, but not limited to, employing additional workmen and/or equipment, and working extended hours and additional days, all at no cost to AUGUSTA in order to put the Work back on schedule. If PLUMBER fails to correct the deficiency or take appropriate corrective action, AUGUSTA may terminate the contract or PLUMBER’s right to proceed with that portion of Work and have the Work done by others. The cost of completion under such procedure shall be charged against PLUMBER. A Change Order shall be issued incorporating the necessary revisions in the Contract Documents, including an appropriate reduction in the Contract Price. If the payments due PLUMBER are not sufficient to cover such amount, PLUMBER shall pay the difference to AUGUSTA. 2. Should PLUMBER work overtime, weekends or holidays to regain the schedule, all costs to AUGUSTA of associated inspection, construction management and resident engineers shall be identified to PLUMBER and the Contract Price reduced by a like amount via Change Order. ARTICLE— SUSPENSION OF WORK AND TERMINATION 13.1 AUGUSTA May Suspend Work: 1. AUGUSTA may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to PLUMBER and PROJECT MANAGER which will fix the date on which Work will be resumed. PLUMBER shall resume the Work on the date so fixed. PLUMBER shall be allowed an adjustment in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if PLUMBER makes an approved claim therefor as provided in Articles 11 and 12. 13.2 Termination For Cause: 1. Upon the occurrence of any one or more of the following events: 1.1. if PLUMBER commences a voluntary case under any chapter of the Bankruptcy Code (Title 11, United States Code), as now or hereafter in effect, or if PLUMBER takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency; 1.2. if a petition is filed against PLUMBER under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against PLUMBER under any other federal or state law in effect at the time relating to bankruptcy or insolvency; 1.3. if PLUMBER makes a general assignment for the benefit of creditors; 1.4. if a trustee, receiver, custodian or agent of PLUMBER is appointed under applicable law or under contract, whose appointment or authority to take charge of property of PLUMBER is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of PLUMBER's creditors; 1.5. if PLUMBER admits in writing an inability to pay its debts generally, as they become due; 1.6. if PLUMBER fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time); 1.7. if PLUMBER disregards Laws or Regulations of any public body having jurisdiction; 1.8. if PLUMBER disregards the authority of PROJECT MANAGER; or 1.9. if PLUMBER otherwise violates in any substantial way any provisions of the Contract Documents, AUGUSTA may, after giving PLUMBER (and the surety, if there be one) seven days' written notice and to the extent permitted by Laws and Regulations, terminate the services of PLUMBER, exclude PLUMBER from the site and take possession of the Work and of all PLUMBER's tools, appliances, construction equipment and machinery at the site and use the same to the full extent they could be used by PLUMBER (without liability to PLUMBER for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which AUGUSTA has paid PLUMBER but which are stored elsewhere, and finish the Work as AUGUSTA may deem expedient. In such case PLUMBER shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROJECT MANAGERs, architects, attorneys and other PROJECT MANAGERs and court and arbitration costs) such excess will be paid to PLUMBER. If such costs exceed such unpaid balance, PLUMBER shall pay the difference to AUGUSTA. Such costs incurred by AUGUSTA will be approved as to reasonableness by PROJECT MANAGER and incorporated in a Change Order, but when exercising any rights or remedies under this paragraph, AUGUSTA shall not be required to obtain the lowest price for the Work performed. 2. In the event AUGUSTA terminates the contract for cause and it is subsequently judicially determined that there was no cause for termination, the termination for convenience provision will be the means for disposition of the balance of the contract obligations. 13.3 Termination for Convenience Upon seven working days’ written notice to PLUMBER and PROJECT MANAGER, AUGUSTA may, without cause and without prejudice to any other right or remedy of AUGUSTA, elect to terminate the Contract. In such case, PLUMBER shall be paid (without duplication of any items): 1. For completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. For all claims, costs, losses and damages incurred in settlement of terminated contracts with Subcontractors, suppliers and others; and 4. For reasonable expenses directly attributable to termination. 5. PLUMBER shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. 6. Where PLUMBER's services have been so terminated by AUGUSTA, the termination will not affect any rights or remedies of AUGUSTA against PLUMBER then existing or which may thereafter accrue. Any retention or payment of moneys due PLUMBER by AUGUSTA will not release PLUMBER from liability. 13.4 PLUMBER May Stop Work or Terminate: If through no act or fault of PLUMBER, the Work is suspended for a period of more than ninety calendar days by AUGUSTA or under an order of court or other public authority, or PROJECT MANAGER fails to act on any Application for Payment within thirty days after it is submitted or AUGUSTA fails for thirty-one days to pay PLUMBER any sum finally determined to be due, then PLUMBER may upon seven working days’ written notice to AUGUSTA and PROJECT MANAGER and provided AUGUSTA or PROJECT MANAGER did not remedy such suspension or failure within that time, terminate the Agreement and recover from AUGUSTA payment on the same terms as provided in 15.2. In lieu of terminating the Agreement and without prejudice to any other right or remedy, if PROJECT MANAGER has failed to act on an Application for Payment within thirty days after it is submitted or AUGUSTA has failed for thirty-one calendar days after it is submitted to pay PLUMBER any sum finally determined to be due, PLUMBER may upon seven days’ written notice to AUGUSTA and PROJECT MANAGER stop the Work until receipt of payment of all such amounts due PLUMBER, including interest thereon. The provisions of this paragraph are not intended to preclude PLUMBER from making claim under Articles 11 and 12 for an increase in Contract Price or Contract Time or otherwise for expenses or damage directly attributable to PLUMBER’s stopping Work as permitted by this paragraph. The provisions of this paragraph shall not relieve PLUMBER of the obligations under paragraph 6.30 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with AUGUSTA. 13.5 SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE PLUMBER is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. ARTICLE— PAYMENTS TO PLUMBER AND COMPLETION -PAYMENTS SHALL BE MADE IN ACCORDANCE WITH TASK ORDERS FOR EACH OF THE INDIVIDUAL PROPERTIES When AUGUSTA authorizes the PLUMBER to proceed with the work authorized in a Task Order, it agrees to pay the PLUMBER for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees engaged directly on the work. GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Defective pricing To the extent that the pricing provided by PLUMBER is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. ARTICLE— DISPUTE RESOLUTION 1. All disputes arising under this Contract or its interpretation whether involving law or fact or both, or extra work, and all claims for alleged breach of contract shall within ten (10) working days of the commencement of the dispute be presented by PLUMBER to AUGUSTA for decision. All papers pertaining to claims shall be filed in quadruplicate. Such notice need not detail the amount of the claim but shall state the facts surrounding the claim in sufficient detail to identify the claim, together with its character and scope. In the meantime, PLUMBER shall proceed with the Work as directed. Any claim not presented within the time limit specified in this paragraph shall be deemed to have been waived, except that if the claim is of a continuing character and notice of the claim is not given within ten (10) working days of its commencement, the claim will be considered only for a period commencing ten (10) working days prior to the receipt by AUGUSTA of notice thereof. Each decision by AUGUSTA will be in writing and will be mailed to PLUMBER by registered or certified mail, return receipt requested, directed to his last known address. 2. All claims, disputes and other matters in question between AUGUSTA and PLUMBER arising out of, or relating to, the Contract Documents or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. PLUMBER by execution of the Contract consents to jurisdiction and venue in the Superior Court of Richmond County, Georgia, and waives any right to contest same. 3. RESPONSIBILITY FOR CLAIMS AND LIABILITY The PLUMBER shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless AUGUSTA, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the PLUMBER, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. ARTICLE— MISCELLANEOUS 15.1. Giving Notice: Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: AUGUSTA: PLUMBER: ADMINISTRATOR AUGUSTA, GEORGIA 530 Greene Street. Augusta, GA 30911 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 15.2 Computation of Time: 1. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. 15.3 PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by PLUMBER under this Agreement will be the level of care and that is ordinarily used by members of PLUMBER’S profession practicing under similar conditions. 15.4 PERSONNEL The PLUMBER represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, AUGUSTA. All of the services required hereunder will be performed by the PLUMBER under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the PLUMBER under this agreement are indicated in a personnel listing attached hereto as Attachment C – Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the PLUMBER’s Key Personnel without the prior written approval of AUGUSTA or his designee. The PLUMBER shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The PLUMBER shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the PLUMBER and responsible for the work prescribed by this Agreement. 15.5 RESPONSIBILITY FOR CLAIMS AND LIABILITY 1. The PLUMBER shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless AUGUSTA, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the PLUMBER, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. 2. Should AUGUSTA or PLUMBER suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim should be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph 17.3 shall not be construed as a substitute for or a waiver of the pro- visions of any applicable statute of limitations or repose. 15.6. INDEPENDENT CONTRACTOR The PLUMBER shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the PLUMBER or any of its agents or employees to be the agent, employee, or representative of AUGUSTA. 15.7 OPEN RECORDS PLUMBER acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). PLUMBER shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 15.7 RECORDS RETENTION PLUMBER shall keep adequate records and supporting documentation applicable to this Work and Contract. Said records and documentation shall be retained by PLUMBER for a minimum of five (5) years from the date of final completion or termination of this Contract. AUGUSTA shall have the right to audit, inspect, and copy all such records and documentation as often as AUGUSTA deems necessary during the period of the Contract and for a period of five (5) years thereafter provided, however, such activity shall be conducted only during normal business hours. AUGUSTA, during this period of time, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of PLUMBER as concerns the aforesaid records and supporting documentation. 15.8 SANITARY SEWER OVERFLOW PREVENTION: 15.8 Procedures to Prevent Overflows During Sanitary Sewer Construction: 15.8.1 The PLUMBER is hereby notified that the discharge of any untreated wastewater to waters of the State is a violation of Georgia Water Quality Regulations and is prohibited. 15.8.2 The PLUMBER will submit an Emergency Response Plan prior to beginning work. This plan will include a list of key personnel with 24-hour contact information who will respond during an emergency situation. The ERP will include estimates of mobilization time for a response crew to arrive onsite. Any changes to the Emergency Response Plan will be submitted to the RESIDENT PROJECT REPRESENTATIVE prior to implementation. 15.8.3 In the event bypass pumping is required to facilitate new sewer construction, bypassing plans and supporting calculations must be submitted to the Augusta Utilities Department for review prior to establishment of the bypass. All bypass systems will include complete redundancy in pumping systems, if failure of the primary pumping system could result in a discharge of untreated wastewater to waters of the State. 15.8.4 Bypass pumping will be monitored continuously by a person knowledgeable in pump operation and maintenance if the failure of the bypass pump could result in the discharge of untreated wastewater to waters of the State. 15.8.5 In the event of a discharge of untreated wastewater, the PLUMBER will take the following actions: 1. Take immediate steps to eliminate or minimize the discharge of untreated wastewater. 2. Immediately notify the Utilities Department dispatcher (706.796.5000) and the RESIDENT PROJECT REPRESENTATIVE (contact information will be provided at the preconstruction conference). 3. Maintain a chronicle of relevant information regarding the incident including specific actions taken by the PLUMBER and estimates of the discharge volume. 15.8.6 The RESIDENT PROJECT REPRESENTATIVE will coordinate notification of the Georgia Environmental Protection Division (800.241.4113) and the Augusta Emergency Management Agency if appropriate. 15.8.7 If, in the opinion of the RESIDENT PROJECT REPRESENTATIVE and the AUGUSTA, the PLUMBER is not responding to an emergency situation in an appropriate manner, the Utilities Department will undertake necessary actions to abate an overflow situation. The cost of these actions will be the responsibility of the PLUMBER. 15.8.8 Following a discharge of untreated wastewater, a downstream inspection will be conducted by the Utilities Department to assess potential mitigation measures that may be required of the PLUMBER. 15.9 COVENANT AGAINST CONTINGENT FEES The PLUMBER warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by PLUMBER for the purpose of securing business and that the PLUMBER has not received any non- AUGUSTA fee related to this Agreement without the prior written consent of AUGUSTA. For breach or violation of this warranty, AUGUSTA shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 15.10 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the PLUMBER agrees as follows: (1) the PLUMBER will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the PLUMBER will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the PLUMBER will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 15.11 DRUG FREE WORK PLACE PLUMBER shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, “workplace” is defined as AUGUSTA owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. PLUMBER shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. PLUMBER may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. 15.12 ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer’s, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The PLUMBER hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. 15.13 AUDITS AND INSPECTORS At any time during normal business hours and as often as AUGUSTA may deem necessary, the PLUMBER shall make available to AUGUSTA and/or audit representatives of AUGUSTA for examination all of its records with respect to all matters covered by this Agreement. It shall also permit AUGUSTA and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The PLUMBER shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by AUGUSTA or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The PLUMBER agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 15.14 ASSIGNABILITY The PLUMBER shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of AUGUSTA. 15.15 PROHIBITED INTERESTS 1. Conflict of Interest: The PLUMBER agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The PLUMBER further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 2. Interest of Public Officials: No member, officer, or employee of AUGUSTA during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 3. Employment of AUGUSTA’s Personnel: The PLUMBER shall not employ any person or persons in the employ of AUGUSTA for any work required by the terms of the Agreement, without the written permission of AUGUSTA except as may otherwise be provided for herein. 15.16 VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of AUGUSTA, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the PLUMBER to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 15.17 LOCAL SMALL BUSINESS: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractors agree to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or filing information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor. 15.18 E-VERIFY: All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between AUGUSTA and PLUMBER and supersedes all prior negotiations, representations and agreements, either written or oral. ACKNOWLEDGEMENTS “Plumber acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Plumber is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Plumber's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Plumber may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Plumber agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Plumber provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Plumber. Plumber assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts [SIGNATURES ON FOLLOWING PAGE] IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: PLUMBER: AUGUSTA, GEORGIA (AUGUSTA) BY: BY: PRINTED NAME: PRINTED NAME AS ITS: MAYOR AS ITS: ATTEST CLERK: ATTEST: PRINTED NAME: PRINTED NAME AS ITS: Clerk of Commission AS ITS: DATE: DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 REQUEST FOR QUALIFICATION Request for Qualifications will be received at this office until Friday, June 5, 2015 @ 11:00 a.m. for furnishing: RFQ Item #15-139A Sanitary Sewer Connection Services for Utilities Department Qualifications will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Request for Qualification (RFQ) documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday May 22, 2015 @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No qualifications may be withdrawn for a period of 90 days after time has been called on the date of opening. Request for qualifications (RFQ) and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the RFQ including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the RFQ which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the Proponent at the risk of receiving incomplete or inaccurate information upon which to base its qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle April 30, May 7, 14, 21, 2015 Metro Courier May 6, 2015 Revised: 1/8/2015 VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies GEORGE E. PETREA JR., INC DBA SOUTHERN SERVICES 2630 MILLEDGEVILLE ROAD P.O. BOX 5549 AUGUSTA, GA 36916 YES 608439 YES YES YES UNIVERSAL PLUMBING INC 2415 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 YES 475934 YES YES YES Total Number Specifications Mailed Out: 16 Total Number Specifications Download (Demandstar): 3 Total Electronic Notifications (Demandstar): 67 Mandatory Pre-Proposal/Telephone Conference Attendees: NOT APPLICABLE Total packages submitted: 2 Total Noncompliant: 0 Qualification Opening RFQ Item #15-139A Sanitary Sewer Connection Services for Augusta, Georgia - Utilities Department RFQ Due: Friday, June 5, 2015 @ 11:00 a.m. Page 1 of 1 Evaluation Criteria PTS GEORGE E. PETREA JR., INC DBA SOUTHERN SERVICES 2630 MILLEDGEVILLE ROAD P.O. BOX 5549 AUGUSTA, GA 36916 UNIVERSAL PLUMBING INC 2415 MILLEDGEVILLE ROAD AUGUSTA, GA 30904 1. Contractor’s experience in septic tank abandonment and sewer service line connection. 50 40 50 2. Contractors experience in site restoration.10 9 10 3. Capacity/Ability to respond.20 15 20 Ability to meet liability insurance and specified bonding requirements.20 20 20 Total 100 84 100 Cumulative Evaluation Sheet RFQ Item #15-139A Sanitary Sewer Connection Services for Augusta, Georgia - Utilities Department Wednesday, June 10, 2015 @ 10:00 a.m. Commission Meeting Agenda 9/15/2015 2:00 PM Approve RFQ #15-139A, Sanitary Sewer Connection Services Task Order Program (2015) Department:Augusta Utilities Department Caption:Motion to approve RFQ #15-139A: Sanitary Sewer Connection Services Task Order Program (2015) for the City of Augusta - Utilities Department in the amount of $1,000,000 for execution by Universal Plumbing and Southern Services as qualified and selected contractors.(Approved by Engineering Services Committee September 8, 2015) Background:The Task Order Program will allow responsive and qualified contractors to provide the abandonment of existing septic tanks, running sewer services from the house to Augusta’s sanitary sewer, provide clean out tap at the property line, including all appurtenances related thereto, include restoring any concrete/asphalt/landscaping to its initial state prior to the project start. This Task Order Program will allow Augusta Utilities Department to provide sanitary sewer service to new customers currently not connected to the system. Analysis:AUD has evaluated Universal Plumbing’s and Southern Services’ Statements of Qualifications to participate in the Task Order Program and find them both to be qualified. There were no other submitters for this solicitation. Financial Impact:We intend to budget $1,000,000.00 annually for this program. These funds are available from account 507043490-5425410 / 88887777-5425410 Alternatives:Rejection of this RFQ Contractor Selection would delay the Utilities Department ability to execute sanitary sewer connection services. Recommendation:Recommend Commission approve RFQ #15-139A: Sanitary Sewer Connection Services Task Order Program (2015) for the City of Augusta - Utilities Department in the amount of $1,000.00.00. Funds are Available in the Following Accounts: $1,000,000.00 from account 507043490-5425410 / 88887777- 5425410. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Authorize the Environmental Services Department to have up to 4 scrap tire amnesty days per year. Department:Environmental Services Caption:Motion to authorize the Environmental Services Department to have up to 4 scrap tire amnesty days per year. (Approved by Engineering Services Committee September 8, 2015) Background:Augusta has a consistent problem with scrap tires being dumped or abandoned within its community. The ESD has tried a variety of methods to remove scrap tires from Augusta. This has included having tires collected under its solid waste collection program, collecting tires as part of the vacant lot program, monthly tire recycling events, tire amnesty days, and most recently a pay for tires program. Analysis:In 2014, the ESD averaged 315 tires collected at its monthly scrap tire recycling events; and averaged 365 per event in 2015. This is in contrast to the two day tire amnesty event which collected 5943 tires. An amnesty day is a way for residents and smaller businesses to cost effectively and responsibly dispose of scrap tires. Financial Impact:Adequate funds are available in account 542-04-4110/52.22199. Alternatives:1. Authorize the Environmental Services Department to have up to 4 scrap tire amnesty days per year. 2. Do not authorize. Recommendation:Authorize the Environmental Services Department to have up to 4 scrap tire amnesty days per year. Funds are Available in the Following Accounts: Adequate funds are available in account 542-04-4110/52.22199. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Citizen Volunteer Clean-Up Program Page 1 of 2 ENVIRONMENTAL SERVICES DEPARTMENT 4330 Deans Bridge Road, Blythe GA 30805 (706) 592-3200 – Fax (706) 592-3255 WWW.AUGUSTAGA.GOV Civic Group Tire Collection Program Making your community a more beautiful place to live, work, and play is easy. If you are a civic or non-profit group ready to collect tires from a specific area within Richmond County, we can help you plan your event and make money for your organization at the same time! Augusta will pay your group $2.00 per passenger vehicle tire that is collected and brought to the Augusta-Richmond County Landfill. How to organize a tire collection event - The process is easy.  Plan your date and location, and round up your volunteers (please provide us at least two weeks’ notice).  Tires to be collected must be in the public right-of-way and/or part of an illegal dump.  Please collect passenger vehicle tires only  Your group will be responsible for transporting the collected tires to the Augusta-Richmond County Landfill to be counted by a Landfill staff member.  We will provide a receipt for the number of tires collected with a total dollar amount due. A check will be mailed to the organization/group. Tire Collection Application Name of Group: __________________________________________________________ (Check will be made payable to Group/Organization as listed above) Address: __________________________________________________________ Contact Person: __________________________________________________________ Telephone: ______________________ Email: ____________________________ Date of Clean-up: ______________________ Estimated Number of Volunteers: ______ Area of Clean-up: __________________________________________________________ ____________________________________________________________________________ Office Use Only Approval: ________________________________ Date: _______________________ Citizen Volunteer Clean-Up Program Page 2 of 2 ENVIRONMENTAL SERVICES DEPARTMENT 4330 Deans Bridge Road, Blythe GA 30805 (706) 592-3200 – Fax (706) 592-3255 WWW.AUGUSTAGA.GOV Augusta believes a clean city is important, but SAFETY is more important! The following guidelines will help make your event safe and enjoyable. Please review them with all volunteers. Dress Appropriately! Wear leather closed-toe shoes, tennis shoes, or boots. Wear long cotton pants or jeans. Wear gloves to protect your hands. Wear bright clothes if working along a street. Shade Yourself! A hat, long sleeves, and sunscreen are recommended. Hydrate Yourself! Drink plenty of water and take breaks as often as you need to. Be Alert! Be aware of your surroundings at all times (watch out for dogs, cars, snakes, poison ivy, fire ants, etc.). Never put your hands into an area that is not visible. Do not handle dead animals, firearms or chemicals - report them to authorities. Watch your Step! Be careful of loose rocks and wet or marshy areas. Buddy System Work together – at least 2 together at all times. Keep a cellphone handy for unexpected/emergency situations. Commission Meeting Agenda 9/15/2015 2:00 PM Authorize the Environmental Services Department to set up a non-profit, community group pay for tire recycling program. Department:Environmental Services Caption:Motion to authorize the Environmental Services Department to set up a non-profit, community group pay for tire recycling program. (Approved by Engineering Services Committee September 8, 2015) Background:Augusta has a consistent problem with scrap tires being dumped or abandoned within its community. The ESD has tried a variety of methods to remove scrap tires from Augusta. This has included having tires collected under its solid waste collection program, collecting tires as part of the vacant lot program, monthly tire recycling events, tire amnesty days, and most recently a pay for tires program. Analysis:In 2014, the ESD averaged 315 tires collected at its monthly scrap tire recycling events; and averaged 365 per event in 2015. This is in contrast to the two day tire amnesty event which collected 5943 tires. The pay for tire events was extremely successful at removing scrap tires from Augusta, with 16,716 tires recycled. However, the pay for tire pilot program had many lessons learned. This included adequately managing the large influx of customers, proper staffing, properly estimating the amount of money to have on- hand, and properly screening businesses out of the mix. To address those issues, the department is proposing a pay for tire program whereby partnering with non-profits and community groups to collect tires from within the community, operating under a departmental program, and Augusta would pay said group for its efforts. This program could be an effective fundraising tool for organizations willing to invest in Augusta, while also actively working to keep Augusta clean. Financial Impact:Adequate funds are available in account 542-04-4110/52.22199. Alternatives:1. Authorize the Environmental Services Department to set up a non-profit, community group pay for tire recycling program. 2. Do not authorize the program. Recommendation:Authorize the Environmental Services Department to set up a non- profit, community group pay for tire recycling program. Funds are Available in the Following Accounts: Adequate funds are available in account 542-04-4110/52.22199. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Augusta, GA Augusta Information Technology - GIS Division, Augusta, GAAugusta GA GIS August 28, 2015 0 875 1,750437.5 ft 0 270 540135 m 1:9,600 Disclaimer: While every effort is made to keep information provided over the internet accurate and up-to-date, Augusta does not certify the authenticity or accuracy of such information. No warranties, express or implied, are provided for the records and/or mapping data herein, or for their use or interpretation by the User. Commission Meeting Agenda 9/15/2015 2:00 PM Boykin Road/Travis Pines Area Sewer Extension and Water Main Improvement Project Department:Augusta Utilities Department Caption:Motion to approve Professional Services Agreement with James G. Swift and Associates in the amount of $448,685 for the Boykin Road/Travis Pines Area Sewer Extension and Water Main Improvement Project. (Approved by Engineering Services Committee September 8, 2015) Background:On November 18,2014 , the Augusta Commission approved the assignment of various capital improvements projects to design firms. James G. Swift and Associates was approved for the Boykin Rd./Travis Pines project for the extension of sanitary sewer and the replacement of substandard water mains. Analysis:This project, which will be constructed in phases, will complete the extension of sanitary sewer service east of Windsor Spring Road and south of Tobacco Road. It will also design the replacement of substandard water lines in the vicinity. Financial Impact:James G. Swift and Associates has proposed to provide professional design services for this project for a fee of $448,685. We have reviewed the scope of work and associated fees and find them to be reasonable. Alternatives:The Commission could elect not to proceed with this project. Recommendation:We recommend that the proposal from James G. Swift and Associates in the amount of $448,685 be approved. Pines Road West Water Main Replacement & New Sanitary Sewer Extension. Funds are Available in the Following Accounts: Funds are available in the following accounts: 81500100-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission ORDINANCE NO. ____________________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 4 CHAPTER2, SECTION 4-2-2, TO PROVIDE STANDARDS FOR THE UNLAWFUL DUMPING OR STORING OF SOLID WASTE, OR THE ACCUMULATION OF WEEDS AND NOXIOUS VEGATATION ON VACANT LOTS, AND UNOCCUPIED PARCELS OF LAND; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF THE SAME ALL UNDEVELOPED OR UNOCCUPIED PARCELS OF LAND WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GA CODE, AS FOLLOWS: SECTION 1. SECTION 4-2-2 OF AUGUSTA, GA. CODE TITLE FOUR, CHAPTER TWO AS SET FORTH IN THE AUGUSTA, GA. CODE, IS HEREBY AMENDED BY THE CHANGES SET FORTH IN “EXHIBIT A”. THE AMENDED SECTION 4-2-2 IS HEREBY INSERTED TO REPLACE THE REPEALED SECTIONS AS SET FORTH IN “EXHIBIT B” HERETO. SECTION 2. SECTION 3. Adopted this ________ day of ___________, 2015. Attest: ___________________________ ________________________ David S. Copenhaver Lena J. Bonner, Clerk of Commission As its Mayor Seal: CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on _______________, 2014 and that such Ordinance has not been modified or rescinded as the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ________________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle Date:__________________________ EXHIBIT A (Current 2015 Ordinance) (Lot Ordinance) Section 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 had a low potential for groundwater contamination.  Lot/Parcel means any lot of record indentified with a map and parcel number assigned by the Tax Assessor’s Office.  Scrap Tire mean 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 not 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-grad, 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 conditions 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 or 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 by section 1-6- 1. EXHIBIT B (Proposed Changes) (Lot Ordinance) Section 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 had 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 mean 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 not 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-grad, 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 conditions 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.) Issuing of One-Time, Annual Written Notification of Violation. Augusta shall not be required to notify a property owner each and every time a property is in violation. A property owner will receive one written notice per parcel of land for the initial violation. This serves as a notice for any additional violations that occur within a one calendar year period. f.) Removal of Weeds, etc. by Augusta. If after fourteen calendar (14) days from the date of the initial 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. For subsequent violations, the Director of Environmental Services or his designee shall cause the condition to be remedied by Augusta at the expense of the property owner immediately without a remedy period. g.) 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 or 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 Commission Meeting Agenda 9/15/2015 2:00 PM Discuss a revision to Augusta, Georgia Code, Title 4 Chapter 2, section 4-2-2 (Vacant Lot Ordinance) Department:Environmental Services Caption:Motion to approve a revision to Augusta, Georgia Code, Title 4 Chapter 2, section 4-2-2, to provide standards for unlawful dumping or storing of solid waste, or the accumulation of weeds and noxious vegetation on vacant lots and unoccupied parcels of land.(Approved by Engineering Services Committee September 8, 2015) Background:In July 2013 the Commission modified an ordinance allowing an “annual notice” to be sent to all property owners within the county which provided a summary of the vacant lot ordinance and placed the property owner on notice that their property could be in violation with section 4-2-2 of the Augusta Code. Thereafter, if the property became in violation, the Environmental Services Department would remedy the violation on behalf of the property owner and charge fees to cover the cost of such services provided. In November of 2014, the Commission heard a citizens concern that they were not given a remedy period to self-perform the work necessary to keep the property in compliance with the code. As a result the Commission altered the code requiring that the customer be notified directly of the violation and be afforded a 14 day remedy period. After such time, Augusta would remedy the violation on behalf of the property owner and charge fees to cover the cost of such services provided. In recent months, ESD was approached by a commissioner with concerns about the timeliness of the vacant lot cutting/cleaning program. The commissioner placed his concerns on the agenda where ESD was instructed to bring back a modified version of an ordinance for the commission’s approval. Analysis:Under the July 2013 ordinance Augusta could move very quickly to address ordinance violations. Depending on the circumstance, Augusta could have a crew onsite in as little as 24 hours. This method allowed the department to operate very efficiently as we could literally drive down a street and address every violation at one time. The November 2014 revision forced the department to make a series of changes. We had to hire an inspector who is dedicated to identifying out of compliance properties, generating customer correspondence, and then wait the 14 day remedy period prior to any work being done. This process takes a minimum of 21 days before Augusta can schedule the work to get performed. The proposed changes are a hybrid of the two systems. During a calendar year, a property owner will be given one formal notice if their property becomes out of compliance, and afforded the 14 day right to remedy period. However, that notice will include that future violations within the year will be expeditiously handled by Augusta at the owner’s expense. This provides a combined method. For the responsible property owner who is simply in error, it allows them to resolve the issue and gain an understanding of the rules. For the owner who does not tend to their property consistently, it expedites government services to ensure that neighbors are not negatively impacted for too long. Financial Impact:Financial impact - none Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Emergency Construction Services - 7th and Reynolds St. Department:Abie L. Ladson, Director Caption:Motion to approve and receive as information the emergency construction services at 7th and Reynolds Street American Disabilities Act (ADA) Ramp and Roadway Emergency Modification Project in the amount of $44,785.00 for Horizon Construction & Associates as requested by AED. (Approved by Engineering Services Committee September 8, 2015) Background:This project consists of replacing (2) ADA ramps to bring them up to standards from the Georgia Department of Transportation ADA Ramp standards. This includes a crosswalk to the area and removal of the deteriorated section of the roadway that causes pedestrian problems crossing the road. The Contractor replaced part of the roadway where water is holding in front of the ADA Ramp locations. They also installed proper curb and gutter for the ramp to ensure all safety issues are resolved. Associated risk to the public’s Safety; exposure of potential water hazards; and Augusta’s exposure to liability, created an emergency situation, warranting immediate action to replace the ramps at 7th St and Reynolds Analysis:Work was done under an emergency situation that warranted timely response by the Engineering Department. The Engineering Department does not have sufficient in-house resources to complete all the required tasks in a timely manner and had to hire Horizon Construction and Associates for assistance on an emergency basis. Financial Impact:The cost to complete the needed construction is $44,785.00. Funding is available in the TIA Discretionary funds to the City Alternatives:1) Approve and receive as information the emergency construction services at 7th and Reynolds Street American Disabilities Act (ADA) Ramp and Roadway Emergency Modification Project in the amount of $44,785.00 for Horizon Construction & Associates. Funding is available in TIA Discretionary account for the AED. 2) Do not approve and identify alternative ways to meet this financial obligation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: TIA Discretionary REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Goodrich Street Raw Water Pumping Station - #1 Turbine Department:Utilities Caption:Motion to approve expense of crane rental for the reinstallation of #1 turbine at the Goodrich Street Raw Water Pumping Station. (Approved by Engineering Services Committee September 8, 2015) Background:As part of the ongoing upgrade of the Goodrich Street Raw Water Pumping Station we have contracted with Weir American Hydro (WAH) to completely rebuild our #1 Turbine. This work involves completely removing the unit, rebuilding it at the WAH factory and reinstalling it when complete. As a part of our agreement with WAH we are to provide a crane for the removal and reinstallation at our site. Analysis:Based on the weights to be lifted and the distance from the point available for crane setup, a 200 Ton crane was required for the reinstallation work. We contacted the two local crane companies and found that only Southway Crane & Rigging Company had a 200 Ton crane available on the dates required. The unloading and reinstallation of the turbine equipment took approximately six weeks and the total crane cost is $101,717.65. Financial Impact:$101,717.65 From budgeted funds Alternatives:No feasible alternatives Recommendation:We recommend approval of the crane expense of $101,717.65 to Southway Crane & Rigging for unloading and reinstallation of the #1 Turbine at the Goodrich Street Raw Water Pumping Station. Funds are Available in the Following Accounts: 512043410/5425110 81400010-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Gordon Highway 30" Water ‐ Change Order No. 1 Unit Price Total Price Quantity Total Price W‐1 30” diameter ductile iron water transmission main Class 300 3,361 LF $132.29 $444,626.69 3,006 $397,663.74 W‐2 30” diameter ductile iron water transmission main Class 300, restrained joint 1,563 LF $185.91 $290,577.33 2,023 $376,095.93 W‐3 42” diameter steel casing. Minimum wall thickness 0.75 inch, with 30” diameter, restrained joint ductile iron carrier pipe, end seals, Class 300 included. 117 LF $736.40 $86,158.80 117 $86,158.80 W‐4 Miscellaneous pipe fittings and connections 9,903 LBS $5.24 $51,891.72 9,903 $51,891.72 W‐5 Fire Hydrants installed complete with valve, lead pipe, joint restraint, and blocking 5EA$7,954.85 $39,774.25 5 $39,774.25 W‐7 Horizontal Gate Valves 2 EA $28,803.60 $57,607.20 2 $57,607.20 W‐9 Combination Air Valves installed complete. 4 EA $6,112.96 $24,451.84 4 $24,451.84 W‐15 Polyethylene wrap of ductile iron water main 5,041 LF $3.22 $16,232.02 5,041 $16,232.02 W‐16A Tie‐in to existing line 1 EA $5,012.00 $5,012.00 1 $5,012.00 W‐16B Cap Proposed Line 1 EA $2,601.76 $2,601.76 1 $2,601.76 M‐3 Rock Excavation (Provide Unit Price only) CY $61.60 $0.00 $0.00 M‐4A Select backfill Type 5, Class 3 (Sand/Clay) – Measured by in‐place volume 3,695 CY $1.12 $4,138.40 3,695 $4,138.40 M‐4B # 57 Stone Base in‐place vol. and compacted 1,011 CY $18.80 $19,006.80 1,011 $19,006.80 M‐5 Clearing and Grubbing 4.6 ACRE $5,495.30 $25,278.38 4.7 $25,827.91 Detail 4.2 Typical Trench for Future Path Microduct 5041 LF $4.63 $23,339.83 5041 $23,339.83 LS‐1 Lump sum construction (Includes but is not limited to the listing continued below)1LS$65,618.50 $65,618.50 1 $65,618.50 $1,156,315.52 $1,195,420.70 Addition to Original Contract: $39,105.18 MISCELLANEOUS LUMP SUM WATER MAIN Original Contract Change Order No. 1Item Description Estimated Quantity Units Commission Meeting Agenda 9/15/2015 2:00 PM Gordon Highway 30" Water Main Construction Department:Utilities Caption:Motion to approve purchase order correction and change order in the amount of $80,105.18 for Blair Construction. (Approved by Engineering Services Committee September 8, 2015) Background:Blair Construction submitted the low bid in the amount of $1,156,315.52 and was awarded the contract to construct the Gordon Highway 30-inch Transmission Water Main project for that amount. However, the amount of $1,115,315.52 from the Bid Summary in the Engineer’s recommendation letter was presented to the Commission for approval (Bid Item #14-147, approved by Augusta-Richmond County Commission on July 15, 2014). Thus, additional funds are requested in the amount of $41,000.00 to increase the purchase order to match the contracted amount. It was also necessary to reroute the 30" inch ductile iron pipe around the proposed Granite Hill Phase 4 Subdivision. The subdivision plan was presented to AUD after the construction contract was awarded. The change amount of $39,105.18 reflects the change in pipe quantities at contracted unit prices as detailed in the attached cost breakdown. The purchase order correction and the additional 30” pipe quantities result in the total amount of $80,105.18. Analysis:The purchase order correction is necessary because of a clerical error and the change order for the additional pipe is based on low bid unit prices. Financial Impact:Funding in the amount of $80,105.18 is available from account 511043410/5212115-80310152/5212115. Alternatives:No alternatives are recommended. Recommendation:Recommend approval of purchase order correction and change order. Funds are Available Funds are available in account 511043410/5212115- in the Following Accounts: 80310152/5212115. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Honorary Naming of Eighth Street Department:Clerk of Commission Caption:Motion to approve the honorary naming of Eighth Street to Jessye Norman Boulevard. (Approved by Engineering Services Committee September 8, 2015) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2015 2:00 PM Rocky Creek Trunk Sewer Department:Utilities Caption:Motion to approve payment to Blair Construction for emergency repairs to the Rocky Creek Trunk Sewer in the amount of $301,650. (Approved by Engineering Services Committee September 8, 2015) Background:The Augusta CMOM consent order requires that we evaluate our entire collection system on a 5 year cycle. During this evaluation, we discovered a section of the Rocky Creek Trunk Sewer that had become inaccessible due to flooding resulting from beaver dams. Utilities crews worked to construct access to the trunk sewer. Once we were able to access the sewer, severe defects were found in approximately 1000 feet of the line. Analysis:These defects were such that they allowed significant inflow to the sewer during high water conditions, causing extremely high flow at the wastewater plant. Also, this condition created the potential for a major sanitary sewer overflow. We engaged Blair Construction, one of our approved task order contractors, to commence emergency repairs. These repairs included the construction of 950 feet of 36 inch sanitary sewer, 700 feet of 12 inch sewer, and 6 manholes. Financial Impact:The cost of this work was $301,650. Alternatives:There was no acceptable alternative to the emergency repair and Blair was the contractor most qualified to perform this work. Recommendation:We recommend payment to Blair Construction in the amount of $301,650. Funds are Available in the Following Accounts: Funds are available in 507043490/5425410 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission { After recording, please return to:Augusta Utilities Department Attn; Sandra K. Tyler 360 Bav Street, Suits 1gg Augusta, GA 30961 Cross Reference: Realty Reel 306, Page 1703 Book 01298, Page 0767 Augusta-Richmond County, Ci eorgia Book 8847, Page 261 Columbia County, Georgia STATE OF GEORGIA COUNTY OF AUGUSTA-RICHMOND DEED OF DEDICATION This indenture is made as of June 25,2014, by and among USPG PORTFOLICI FIVE, LLC, a Delaware limited liability company ("USPG"), ARC SCAUGGA00I LLC, a Dr:laware limited liability company ("ARC"; USPG and ARC are sometimes collectively referre)d to as "Grantor") and AUGUSTA, GEORGIA, a political subdivision of the State of t.ieorgia ("Grantee"), acting by and through the Augusta-Richmond County Commission, a 1:olitical subdivision of the State of Georgia. WHEREAS, USPG owns a tract of land in Augusta-Richmond and Columbia Crrunties, Georgia as legally described on Exhibit "A-1" attached hereto and made a part heleof by reference (the "USPG Property"); and WHEREAS, ARC owns two tracts of land in Augusta-Richmond County, Ge<:rgia as legally described on Exhibit "A-2" attached hereto and made a part hereof by refererrce (the "ARC Property"; the USPG Property and the ARC Property are sometimes collectively teferred to as the "Shopping Center"); and WHEREAS, there presently exists an easement in favor of Grantee for ir water distribution and sanitary sewerage system recorded in Realty Reel 306, Page 1703 A.ugusta- Richmond County records (the "Old System") in the approximate location as depi:ted as "Abandoned Sewer Easement" and'oAbandoned l5' Water Easement 'A"'and'oAbando:red 15' Water Easement'B"'on Exhibit "B-1" and legally described on Exhibit "B-2" attache<i hereto Augusta, GA, Sam's Store # 8l I 5 Activ e 200 57 67 9v 7 222904.00038 I -1 r_ and incorporated herein by reference (collectively referred to as the ..Abandoned Easen:ents,,); WHEREAS, one of ARC's tenants made certain improvements to the Shopping Centerwhich required a relocation of the old system to u ,r.* water distribution and sanitary :rewagesystem (the "New System") in the approximate locations as depicted as ,,proposed 15, SewerEasement oA,"' "Proposed 15' Sewer Easement .g ,. ,.proposed 15, Water Easemenl 0A,,,,"Proposed 15' w{91 Easement oB,"' "Proposed 15I'Water Easement .C,,, and ,.proposled 15,water Easement.'D"1ol Exhibit "c--1"-*a r.guily described on Exhibit ,'c-2,, attached heretoand incorporated herei, uy t"r"t* @ilectivil rlr.r.a to as the ..New Easement Area,,.t; and WHEREAS, Grantor desires that Grantee release and vacate its easement rights to theAbandoned Easements and, in substitution thereof, u"""pt an easement for and agree to m,6ntainthe New System; and WHEREAS, Grantee has consented and agreed to vacate the old system and accelrt andmaintain the New System. Now' THEREFORE, for and in consideration of the sum of Ten and no/100 ($r0.00)Dollars' to it in hand lell-$! truly paid by Grantee *J b.for" the sealing and delivery oi'thesepresents, the receipt of which is hereby acknowledg.J, u"O for the further consideration rrf thebenefits to the shopping center by the maintenancJorirr. New system, the parties hereto agreeas follows: Grantor does by these presents, grant, bargain, sell and quitclaim unto Grantera, itssuccessors and assigns, an easement in perpetuity ,rrrlar., across and through the New East:mentArea' together with all of the necessary l_rJr,r orinjr.s *d egress over the shopping centr:r forthe purpose of maintaining the describld N"w SyrtJ_. This indentT" it subject to any utility easements, encumbrances or other matterrs ofrecord which have been granted in the past, including all telephone lines, gas lines, or p 31rys1lines for the transmission of electricity, and Grantor h-erein reserves an easement over the NewEasement Area herein conveyed for the pu{pose of maintaining and installing power lines frrr thetransmission of electricity, telephone linis, and gas lines for thi purpose of irving the Shol:pingcenter an{ the property adjacent thele]o. Any such maintenance and installation shall becoordinated through Grantee by notifying d*i;;[ Aug,rsta utilities bepartment, l,andAcquisition section at least three (:) businesi days in advance unless an emergency exists. Said easements in the New Easement Area being in the nature of a right-of-way fo' thepurposes of laying, relaying, installing, operating, "repairing and maintaining pipelinestransporting and carrying water ano san]iary r.*.r7g..' Grantee shall maintain the al:rovedescribed New System. Grantee will have the right, when construction or maintenance is necessary, to digtrenches within the New Easement A..u u, may be necessary to maintain and repair such uraterdistribution and sanitary system; to pile thereonihe materiai excavated, and to haul pipe, supl:liesand equipment connected with the construction and maintenance thereof, over, along, and acr.ossthe shopping center, along with the free right "r i"gr.s and egress to and from the l,lew Augustq GAo Sam's Store # gl 15 Activ e 200 57 67 9v7 22290 4.0003 I I H -2- Easement Area for these purposes. Grantor' its successors, legal representatives, and asslgns, does also granq bargrrin, selland convey unto Grante., itr *rc""-*ror* irl *rlgr;;ih" ;ghl 6.rt oot tt " a.rtyltl "t*, ard keepclear' all trees, undergroraah and ottr"ioust u"tii* *itrriime New d;;;;iLn ato:g withthe free right of ingress and egress t" *a furn trrr Nr* gurement Area for these pu{posesr, Grantor' its rsl1111ors, assigns and legal representatives, shall have the right to rrse theNew Easement Area io 'ny manner not inconsist"rrtii iot"*"riog with the rights herein grirnted. To have and to hold said water distribufion and sewerage systenr, together with rrll andsingular' the rights, members, "pprr;;ces thereof to the same bgrog, belonging or in arrywiseappertaining to the only proper use, u"rr"nt and behooiof d*t ", itriuo"orJrrLd assig:rs. Grantee does hereby quitclaim, release.and gonvey to Grantor, its sucoessors and arsign.,all of its right, tiue and inter;t in *ito the Abandonea"gi"*"rrt and such portion of trire ordSystem that has been relocatea Uy tf,i N.w System. by*fr#;r:"tched Addendum to Deed ofDedication is incorporated in this Deed ofDedi;ation IN wITNEss smEREoF, the parties hereto have executed this instument as ,f theday and year first above urritten. USPG: USPG PORTFOLIO FTVE, LLC, a Delaware limited liability company 01,,i 4 ,' Notary Publ ic,'State of er.At.EO N*or. D *"i^ l{.bs*t ,r' C /#^- (sliAt,) My Commission Expires._.,@_fo1 rI fitfe. f1^a.gc- AIICIA RENEE,ADCOCiT Notary Pr,ilh, Slate of 0hio ifrComninkr Exprres Decemberg,20lT [signatures continued on nextpage] Augusta, GA, Sam,s Storc # gl 15Activ c 20057 679v7 222904.000381 - -3- ?"I$,*A"r-.UnofficialWitF rE [signatures continued from previous page] Signed, sealed and delivered thisdS$ day ARC:of 5ulle ,2014 in thepresence-of:' ARC SCAUGGAOOI, LLC, a Delaware limited liability company By: T1u Operating partnership, L.p., a Delaware limited partnership, its sole member By: Tau Acquisition LLC, aDelawarr: limited liabiliry company, its General partner By: Realty Income Corporation a Maryland corporation, its sole and ma;raging membersole and mapaging member ,r, t 4u[ptffr alort NT^-.--. MichddlR.pfetfterl\4ffi€: FxcnLrrive ViCe pre t"d, STATE OF CALIFORNIA COLINTY OF SAN DIEGO GeneralCounsrrl Title: o-- 2ot4 before me, S,,scN AuS;:t ,*iil',ffi;Xf,J],H'"ffj:::,yllbe the person(g who'" rum"@ iG'subsciibed to th"*;;i#TiHJ:#Hfi:H"il,'#:;;[me that helshelthe-y executed the same in hisaerfthci. uutt orir"d capacity(ies), and thar byhis'{:c#their signature(/) on the irrtir.Lrt the person(gj ".ir,, entity upon behalf of which theperson(tr) acted, executed ttre instrumeni. I certifu under PENALTY oF PERJURY under the laws of the state of califomia that theforegoing paragraph is true urO,oorrt. - .Commission # 1955gg2 Notary Public - California ^ San.Diego County (Notary Seal) [signatures continued on next page] August4 GA, Sam,s Store # gl 15Activ e 20057 67 9v7 222904.00038 1 -4- Nov 6,201S and official seal, Signature of Notary public - Signed, sealed and delivered this _ day of _,2014 in the presence of: Unofficial Witness Notary Public, State of Georgia My Commission Expires: August4 GAo Sam's Store # 8l15 Activ e 200 57 67 9 v 7 222904.0 003 8 I [signatures continued from previous page] GRANTEE: AUGUSTA, GEORGIA, a political subdivision of the State of Georgiir By: As its Mayor Attest: Clerk (sEAL) I:;EAL) -5 Exhibit I'A-1rr All that certain tract or parcel of land situate, lying and being located in Augusta, Richmond County, Georgia and Columbia County, Georgia containing 35.30 acres and being; more particularly described as follows: Beginning at a point located on the northeasterly right of way of Bobby Jones Exprr;,ssway 573.03 feet north of the northerly right of way of Scott Nixon Memorial Drive said dericribed point is the POINT OF BEGINNNG; Thence along the northeasterly right of way of Bobby Jones Expressway North 18 clegrees 37'30" West a distance of 89.76 feet to a point; Thence leaving the northeasterly right of way of Bobby Jones Expressway North 71 d:grees23'10 East a distance of 250.00 feet to a#4 rebar found; Thence North 18 degrees 4l'06'West a distance of 58.68 feet to a p.k. nail found; Thence North 18 degrees 16'40" West a distance of 8.65 feet to a#4 rebar found; Thence along a curved line having a length of 729.86 feet with a radius of 2970.47 feet and a chord bearing of North 24 degrees 48'16" West a chord distance of 728.10 feet to a point; Thence South 65 degrees 06'52'West a distance of 251.98 feet to a point on the northei,usterly right of way of Bobby Jones Expressway; Thence along the right of way of Bobby Jones Expressway as it curves a length of 280.4 0 feetwith a radius of 2720.43 feet and a chord bearing of North 35 degrees 25',0- West a chord distance of 280.28 feet to a#4 rebar found; Thence leaving the northeasterly right of way of Bobby Jones Expressway North 58 dl:grees 27'09" East a distance of 242.05 feet to a point; Thence North 37 degrees 55'03" West a distance of 240.00 feet to a point; thence South 46 degrees 4l'09" West a distance of 251.43 feet to a point on the northeisterly right of v,ay of Bobby Jones Expressway; Thence along the northeasterly right of way of Bobby Jones Expressway North {f dr;grees 19'52' West a distance of 54.94 feet to a 3" open top pipe found; Thence leaving the northeasterly right of way of Bobby Jones Expressway North 50 dr:grees 27'28" West a distance of 234.62 feet to a#4 rcbar found; Thence North 50 degrees 40'13- West a distance of 418.24 feet to a #8 rebar found; August4 GA, Sam's Store # 8l 15 Activ e 200 57 67 9v 7 222904.0003 8t -6- Thence South 66 degrees 5l'40'East a distance of 136.30 feet to a point; thence Nrlrth 23degrees 08'30" West a distance of 22.g5 feet to a point; Thence North 18 degrees 0l '06" west a distance of 137 .2|feet to a point; Thence North 17 degrees 3l'31' West a distance of 200.35 feet to a #5 rebar found on thesoutherly right of way of Rose Street; Thence along the^southerly right of way of Rose Street as it curves a length of 52.g3 feet with aradius of 241'39 feetandachordbearingof south8gdegrees r4'52'Eastachorddistirnceof52.72 feet to a point; Thence continuingjl^o"g the southerly right of way of Rose Street North 76 degrees 3l ,0,1,, Easta distance of 494.07 feet to a #4 rebarset; Tlgnceleaving the southerly right of way of Rose Street 14 degrees 36,27- East a dista^rce of184.79 feet to a 1,, open top pipe found; Thence South 14 degrees 35'31- East a distance of 195.10 feet to a point; Thence south l3 degrees lg'57'west a distance of 100.g5 feet to a point; Thence South 18 degrees 57'26' East a distance of 12g.09 feet to a point; Thence south 19 degrees 42'2r' East a distance of 1 13.51 feet to a point; Thence south 20 degrees o7'og- East a distance of g3.g9 feet to a point; Thence South 18 degrees 49'40- East a distance of 122.69 feet to a point; Thence south 03 degrees 05'4C, west a distance of 175.g9 feet to a point; Thence south 72 degrees 2T29 west a distance of 15.90 feet to a point; Thence south 10 degrees 52'44- East a distance of 185.10 feet to a point; thence Soulh 45degrees 46'37'East a distance of 71.46 feet to a point; Thence South 20 degrees 25'31" East a distance of 179.59 feet to a point; Thence South 79 degrees l1'08" East a distance of 121.01 feet to a#4 rebarfound; Thence along a curve a length of 135.25 feet with a radius of 1014.30 feet and a chord beari:rrg ofSouth 05 degrees 23' 46' East a chord distance of 135.15 feet to a #4 rebarfound; Thence along a curve a length of 19.92 feet with a radius of 1014.30 feet and a chord bearir:.g ofSouth 09 degrees 23' 44' East a chord distance of 19.92 feet to a #4 rebar found; Augusta, GA Sam's Store # 8l15 Activ e 200 57 67 9v 7 22290 4.0003 I t - -7 - Thence along a curve a length of 20.02 feet with a radius of 1014.30 feet and a chord be:rring ofSouth 1 I degrees 12'35" East a chord distance of 20 .02 feet to a #4 rcbar found; Thence along a curye a length of 103.31 feet with a radius of 1014.30 feet and a chord beirring ofSouth l4 degrees 42'51'East a chord distance of 102.26 feet to a#4 rebarfound; Thence South 17 degrees 14'47" East a distance of 242.B2feet to a #5 rebar found; Thence South 7l degrees lo'lgu west a distance of 4l0.52feet to a point; Thence North 18 degrees 34'21- west a distance of 103.67 feet to a point; Thence south 71 degrees 17'22'west a distance of 129.15 feet to a point; Thence North I I degrees ro'27' East a distance of 76.70 feet to a point; Thence North 48 degrees 49'33" west a distance of 66.97 feet to a point; Thence south 71 degrees lo'27" west a distance of 13g.02 feet to a point; fle-nce along a curve a length of 10.69 feet with a radius of 63.00, and a chord bearing of North13 degrees 57'55- west a chord distance of 10.6g feet to a point; Thence North 18 degrees 49'33'west a distance of 33.04 feet to a point; Thence North 63 degrees 49'33'west a distance of 49.g5 feet to a point; Thence South 7l degrees lo'27" west a distance of l6o.24feet to a point; Thence South 57 degrees 45'58" West a distance of 47.00 feet to a point and the point ofBeginning. As shown on ALTA/ACSM Land Title Survey of: village plaza,certified to uspG por.:folioTwo, LLC, a Delaware limited liability company, Chicago Title Insurance Company ar:.d JpMorgan Chase Bank, N'A., a national banking association, prepared by Southern partners. Inc.,bearing the seal and certification of william Fl Todd, Jr., Georgia Registered Land Surveyo : No.2506, dated March 24,2011. Augusta, GA, Sam's Store # 8l 15 Lctiv e 200 57 67 9v7 2229 04.0 003 8t -8- r_ Exhibit "A-2" All that tract or p*::l of land lying and being in the city of Augusta, 90th GMD of Rir:hmondcounty, Georgia and being -or" pu?i"ularly i"r.rfu"a us follows: COMMENCE at a PK nail set at the intersection of the northerly right of way rine of scott NixonMemorial Drive -(variable width righ! of way) and trt. ."3pry right of way line of Bobb,, Jonesf;}tfitffiriR' 232 (variable #iatn 'ishi;i;.y)L 'io pr nll ,.t ilils the rRUE ponvr Thence from said TRUE PoINT OF,BEGINNING alongthe easterly right of way line of BobbyJones Expressway - s'R. 232the following.o*r"r-*J"aistances: N"rtii is degrees 4l n:.inutes31 seconds west for a distance of 277.2d feet to iii+" l9bar with cap; North 22 degrr:es 5gminutes 22 seconds west for a distance of 134.71feet to a3/4"rebar with cap; North 1g d:grees36 minutes 06 seconds west for a distance or ror.ri-i"et to a 3/4,, rcbarwith cap set; rhenceleaving said right of way line and foilowing the lease lir. .o*Inon to USpG portfolio Twcr, LLCand other properties of USPG Portfolio r,io, LLc It. rou"*ing courses and distances: N.rth 57degrees 46 minutes 28 seconds pasi for a distance ii +e.gg-t"et to a pr nail set; North 71degrees 10 minutes 57 seconds past for a distance or roo.zo feet to a pli nail set; sor.,th 63degrees 49 minutes 03 seconds East for a distance of 49.g5 feet to a pr- nail set; south 1gdegrees 49 minutes 03 seconds East for a distance of 33.04 feet to u pr ruii ret; along a cu.ve tothe right having a radius of 63'00 feet and T Tc t.ngttr-oi ro .69 feet,being subtended by a rhordof south 13 degrees 57 minutes 25 seconds East fJr a distance or'ro.oCreet to a pK na:l set;North 71 degrees l0 minutes 57 seconds East for u airtt". of l37.99feet to a pK nail set; iiouth48 degrees 49 minutes 03 seconds East for a distance ir aa.gl feet to a pK nail set; souLth lldegrees l0 minutes 57 seconds west ror a distance oi-la.lo feet to a pr_-nait set; Norrh 7ldegrees 17 minutes 52 seconds East for u airt*"" oi-tzg.tl feet to a pi nail set; sourh lgdegrees 33 minutes 51 seconds East for a distance iii'ol.al feet to a pti nail set; Norrh 7ldegrees 10 minutes 57 seconds pasi for a distance of 410.49 feet to a 314i, rebwwith cap riet atthe property line corlmon to samuel c. D'Arco; thence along the property line commr:,n tousPG Portfolio Two, LLC, samuel c. D'Arco, wl"J.ri B. Johnston, d. *itron Hayner;, Jr.,Augusta Mortgage company and Blanch ard, & Cath; Real Estatg company, the follo,ringcourses and distances: south 17 degrees 17 minutes 48 seconds East for a distance of 50.g 1 feetto a l/2" rebar found; loutl 23 degiees 56 minutes 58 seconds East for a distance of 149.36 feetto a l/2" rebar found; south 23 delrees 4l minutes 25 seconds East for a distance of 339.g6i feetto a 3/4" rebar with cap set on thE northerly ,tgh, ; *uy rin" of scott Nixon Memorial l),rive(variable width right oi way); thencq u]9"i .uIa ,iglrt ir way line the following courses anddistances: South 66 degrees-tii mi"ut"s 28 icona, ff"riror a distance of l2Lg4 feet to a )14,,rebar with cap set; south 67 degrees liminutes 38 seconds west for a distance of 139.03 fer:t toa PK nail set; North 60 degrees-O8 minutes 39 seconds west for a distance of 25.40feet to a pKnail set; south 66 degrees 03 minutes 28 seconds west foia distance of 105.10 feet to a pK nailset; thence' along u:y*" to the right having a radius or ioz.so feet and *;; length of l4,i;.30feet' being subtended by a chord oiNortr, zia"gr"., tg -irrut., 57 seconds west for a distirnceof 133'44 feet to a PK-nail set; thence, utorg u.,iru"io irreleft having a radius of 266.75feet andan arc length of 341'78 feet, being subtended by a chord of North 69 degrees 25 minuterr 41seconds west for a distance of :t-s.gg feet to u'PK ;i;et; south 73 degrees 5l minutesr 57 Augusta, GA, Sam,s Store # gl 15 Activ e 200 57 67 9 v 7 22290 4.0 003 B I H -9- r_ seconds west for a distance of 114.23 feet to a PK nail set; thence, along a curve to ttre righthaving a radius of 129 '03 feet and an axc length of t og.: I feet, being subtended by a chrrrd ofil:t-*r'rt6#r93 seconds west-for a distance of 105.16 feet to a pK;ail ,.,. u"ir! Said property contains 505,925 square feet or ll.6144 acres, as shown on that r:ertainALTA/ACSM Land Titl-e survey roi Eric S. Zorn, as-Trustee of sam,s Real Estate BrsinessTrust' sam's East, Inc', wal-Mart stores,.Inc . &_cltrcago Title Insurance company, prepa::ed bywolverton & Associates, under seal and certificatiorr"or nou"rt A. Bradford, Jr., GRI_ S No.2Ts2,datedDecember 29,200g. r vr r\vuwrr a' L'r<rLrr'r Gas Lot/Parcel 3 All that tract or p*::l of land lying and being in the city of Augusta, 90th GMD of Richrmondcounty, Georgia and being 'nor. puiti"ularly d-escribed as folrows: COMMENCE at a PK nail set at the intersection of the northerly right of way line of scott l,[ixonMemorial Drive tv{fle width right of way) and tl,. ""rp.U right of way line of Bobby ,lonesExpressway - s'R 232 (variabte riiatn righi of ;"y)t r"io pr nail set being the TRUE pr:)INTOF COMMENCEMENT. THENCE from said TRUE POINT oF COMMENCEMENT along the easterly right of wa,,,lineof Bobby Jones Expressway - s.R. 232 the follo*irrg ;o*res and dirt*".r: North lg degrer:s 4lminutes 31 seconds west for a distance of 277.26 fe-et to a 3/4', rebar with cap; North 22 delyees58 minutes 22 seconds west for a distance of 134.71feet to a3/4,, rebar with cap; Nonih 1gdegrees36minutes06secondswestfora distanceorior.ll feet toa3/4,,rebarwithca1:r set;thence' leaving said right of way line and_following tt " i.ur" line common to uSpG porl:lolioTwo' LLC and other properties tr uspc^portfolio i;;, LLC Norrh 57 degrees 46 minutt:s 2gseconds East for a distance of 46.99 feet to a PK nail set being the TRUE poINT oFBEGINNING; THENCE from said TRUE POINT oF BEGINNING, along said lease line the following coursesand distances: Nort-! 71 degrees l0 minutes sz ,e.ooJs East for a distance of l60.20feet to aPK nail set; south 63 degrees 49 minutes 03 seconds East for a distance of 49.g5 feet to a pKnail set; south 18 degreei 49 minutes 03 seconds Bast for a distance of 33.04 feet to a pK nailset; along a curve to the right having a radius of 63.00 feet and an-axc t.rrgthtr 10.69 feet, br:ingsubtended by a chord of South 13 -degrees 57 minutes 25 seconds East for a distance of 1l).6gfeet to a PK nail set; thence along u t*. to the right having a radius of 63.00 feet and afl arclenglh of 38'78 feet, teing subte;ded by a chord Jr s"rtr, 0g degrees 32 minutes l0 seccrndswest for a distance of 38'u feet to a PKnail set; South io d"g..., l0 minutes 07 seconds rr/estfor a distance of 74'88 feet to a PK nail set; South 71 degrees r0 minutes 57 seconds west firr adistance of 124'07 feet to a PK nail set;.North 18 degrees 49 minutes 03 seconds west fi:,r adistance of 165.79 feet to a PK nail set; said point beinl?. rnup poINT oF BEGINNING. Said property contains 0.6691 acres or 29,l4g square feet. -10-Augusta, Gd Sam,s Store # gl 15 Activ e 200 57 67 9v 7 222904.0 003 8 t Exhibit "B-1" ,A/4,^UUU)3EBaO6id>ATS5F8Fs3ts9rJooh Fo I#I s c or r N ^ffi f;iX r?5t AL D R t vE glffi s u lhll ;:HI I t I i I I I I i It Ioi r : N .o! $gffi ob !31"< rhls (,i{ ioNu{\, ' rll(n'(Dfr{ r, E' |j I, i Wolve rton & Associotes5145 Sugorlo.t Porksoy . Suit. tOO. Dutulh. 6co,gio 30097Phonc: (770) ,({7-6999 rox: (770) 447-so-70 CHECIGD BY: 16ffJoB }1o, OA-214D^It OA/O9/2012 SCILR N-I.S. Augusta, GA, Sam's Store # 8115 Lctiv e 200 57 67 9v7 222904.0003 8 l - 11- August4 GA, Sam's Store # 8l 15 Actiy e 200 57 67 9v7 2229 0 4.0003 I 1 -12- Exhibit "B-2" USPG PORTFOLIO TWO.LLC ABANDONED SEWER EASEMENT All that tract or Pl9el of land lying and being in Georgia Militia District 90 in the t.)ity ofAugusta, Richmond County, Georgia and being more partiCularly described as follows: To find the True Point of Beginning COMMENCE at a PK Nail at the intersection of the northern Right of Way of Scott Nixon Memorial Drive, said Right of Way varies in wid.lh, and the northeastem Right of Way of State Route 232, a.k.aBobby ion.r Expiessway, said Right ofWay varies in width; thence leaving said right of way proceed North 00 degrees 28 mimrtes 43seconds West a distance of 203.64 feet to a point; thence North 7l degiees 17 minuies 28seconds East a distance of 389.72 feet to a point; thence North 22 degrees 06 minutes 17 srr,conds East a distance of 22.82 feet to a point being the TRUE porNT or BEGTNNING; From said TRUE POINT OF BEGINNING thus established proceed North 18 degrr,es 58minutes 40 seconds West a distance of 4.85 feet to a point; thence North 19 degrees 03 nrinutes46 seconds East a distance of 16.34 feet to a point; thence South 29 degrees 37 minur.es 53 seconds East a distance of 2.87 feet to a point; thence North 71 degrees 3iminutes 42 st:conds East a distance of 385.43 feet to a point; thence South 34 degrees lj minutes 16 seconds rrVest a distance of 24.74 feet to a point; thence South 71 degrees 32 minutes 42 seconds West a dir;tance of 376.22 feet to a point, said point being the TRUE poINT oF BEGTNNING. Said parcel contains 0.132 acres or 5,756 square feet. USPG PORTFOLIO TWO. LLC ABANDONED 15' WATER EASEMENT "A" All that tract or parcel of land lying and being in Georgia Militia District 90 in the Crity of Augusta, Richmond County, Georgia and being more partiCularly described as follows: To find the True Point of Beginning COMMENCE at a PK Nail at the intersection r:rf thenorthern Right of Way of Scott Nixon Memorial Drive, said Right of Way varies in widtl:L andthe northeastem Right of Way of State Route 232, a.k.aBobby iorr", Expiessway, said Rildrt ofWay varies in width; thence leaving said right of way pro"".d North 32 degrees 04 minutes 09 seconds East a distance of 547.32 feet to a point; thence South 51 degrees 37 minutes 12 ser:onds East a distance of 17.66 feet to a point, said point being the TRUE POINT OF BEGINNIITIG; From said TRUE POINT OF BEGINNING thus established proceed South 5l degrer:s 37minutes 12 seconds East a distance of 81.88 feet to a point; thenci South 72 degrees 18 miinutes32 seconds West a distance of 7.17 feet to a point; thence South 28 degrees 02 minutr:s 06 seconds West a distance of 9.20 feet to a point; thence North 51 degrees 3Tminutes 12 sel:onds West a distance of 88.86 feet to a point; thence North 70 degrees 15 minutes 35 seconds li)ast a distance of 17.66 feet to a point, said point being the TRUE POINT OF BEGINNING. August4 GA, Sam's Store # 8115 Activ e 200 57 67 9 v 7 2229 0 4.0003 8 I -13- ' Said parcel contains 0.029 acres or 1,258 square feet. All that tract or parcel of land lying and being in Georgia Militia District 90 in the rility ofAugusta, Richmond County, Georgia and being more partiCularly described as follows: To find the True Point of Beginning COMMENCE at a PK Nail at the intersection of thenorthem Right of Way of Scott Nixon Memorial Drive, said Right of Way varies in width, andthe northeastem Right of Way of State Route 232, a.k.a Bobby ioo.s Expiessway, said R ight ofWay varies in width; thence leaving said right of way proceed North 32 degrees 04 minr.tis 09 seconds East a distance of 547.32 feet to a point; thencosouth 5l degrees 37 minutes 12 sr:conds East a distance of 17.66 feet to a point; thence South 51 degrees 37 minutes 12 seconds East a distance of 81.88 feet to a point; thence South 36 degrees 04 minutes 57 seconds East a distanceof 15.81 feet to a point, said point being the TRUE poINT oF BEGINNTNG; From said TRUE POINT OF BEGINNING thus established proceed South 17 degr:es 33 minutes 39 seconds East a distance of 42.09 feet to a point; thenci North 70 degrees 48 nrinutes40 seconds East a distance of 45.36 feet to a point; thence North 18 degrees 38 minu.tes 27 seconds West a distance of 40.89 feet to a point; thence North 71 degrees 2i minutes 33 sr;condsEast a distance of 15.00 feet to a point; thence South 18 degrees 38 minutes 27 seconds East a distance of 40.74 feet to a point; thence North 70 degrees 48 minutes 40 seconds East a di ltanceof 106.33 feet to a point; thence North 71 degrees 30 minutes 29 seconds East a distance of2ll-ll feet to a point; thence South 18 degrees 29 minutes 3l seconds East a distance of'15.00feet to a point; thence South 71 degrees 30 minutes 29 seconds West a distance of 211.02 rleet toa point; thence South 70 degrees 48 minutes 40 seconds West a distance of 167.03 fer:t to apoint; thence South 18 degrees 43 minutes 09 seconds East a distance of 204.99 feet to a point; thence South 74 degrees 28 minutes 14 seconds West a distance of 15.03 feet to a point; i:Lence North 18 degrees 43 minutes 09 seconds West a distance of 204.30 feet to a point; th"rrr" North17 degrees 33 minutes 39 seconds West a distance of 48.45 feet to a point; thence North 28 degrees 02 minutes 06 seconds East a distance of 12.52 feet to a point; thence North 72 d,t:grees18 minutes 32 seconds East a distance of 6.06 feet to a point, said point being the l'[.Up POINT OF BEGINNING. Said parcel contains 0.233 acres or 10,169 square feet. Augusta, Gd Sam's Store # 8l 15 Activ e 200 57 67 9v 7 2229 04.0003 I I -t4- Exhibit "C-1" @0e*EEooa9Pes5s8F8s6: nJ668 F IJ/'"t / i o j ( wamTntS D4gEMxMs s c o rr N t xil#^l:y t?gt A L D R',v E IEEI-H 'l==1il;tlo!.ole ll>ll Hlskln lirll :isrl; Hl E$ffi &oBbx(- 89.,ItptuN B t'\Irn:(a(.@i-sq ,< Wolverton & Associqtes5745 Sueorl,ool Pork'oy . Suil. 100. Dututh, C.oreio gOO97 Phon.: (770) 447-899! For: (770) 447-9d'70 CHECKED BYi ttGN JOB No. O8-21.ioNE oa/og,12o1,SCAlr: N.T.S. USPG PORTFOLIO TWO LLC & AUGUSTA RlCHrrlOllD COT NTY Cnt d lqudr - Ar0 r0 (ld, gD l2ar)n.hmd Cout . tub 5X€TTruyS!i 1 Augusta, GA, Sam's Store # 8115 Activ e 2O0 57 67 9v7 222904.0003 8 l -15- r_ August4 GA, Sam,s Store # gI 15 Activ e 20057 67 9v7 222904.0003 B I -t6- ! ,J)II =Etrn XU ar- fi{ crnra NTXQN MEM)4IAL DRIVE R,WVARIES o0bo (-.oS 2ta< Fl\ !:is#!H,f ri(tbsl\ li"tit: ri i t t !,! _Wolverlon & Associotes- ?;.^t--:"t-"*Tr.l_.rydy . surre loo. outdh, 6.o.slo JoosTPhon.: (770)...._7-.E^ee1--, r*, t;iil'Li:"eti"" CHECKED BY: MGH JOB t{o.0E-2taolJtj Oa/is/2o12SCA|E: N.?.S. - r_ Exhibit "C-2" AII that tract or parcel of land lying and being in Georgia Militia District g0 in the r.)ity ofAugusta, Richmond countv, c;Gi;?;d ;"trffi*" iu,if=ur*ry described as folrows: To find the True.Point of Beginning COMMENCE at a pK Nail at the intersection rf thenorthem Right of way or s*u"ilffi 14"-"lrq D;;", :r,0. Ri.eht of way varies in wid.r, andthe northeastern Righi-"f w;; ;ii,o:,. go,1 e zrz, a.-r.anouul Ig*-, Expressway, said Right ofwav varies in width; th*""^l4;- t,q,tsil;f;;;'|r1"""a N.orth 00 degrees 28 minures 43;Tfff1gK[,u o"*ce of zoz'ir feet to a point, said point being trre iRun porN r ox, From said TRuE t-grNT oF BEGTNNTNG thus established proceed Norrh rg degrer:s 42minutes 32 seconds -west a dirL;"-;y,.Og r""i11" ffi, thence North 7r degrees r7 mjnutes28 seconds East a distance ;ili;.; feet to a pointi th.nr. south rg degrees 5g minutr:s 40seconds East a distance of 15.00 f;;" a point; tt.n.. i"rrrr;_r_q9er.., ri_inutes 2g ser:ondswest a distance of 389.72 f.J t; ;;;i, ,uio poir.iffiirre rnun porNT oF BEGTNNTTNG. Said parcel contains O.l34acres or 5,g45 square feet. nutsusla' rucnmond countv, Georgia and being;"*;;;1i#ffi;d:[T:;il]S" cit'r or To find the True,Point of Beginning coMMENcE at a pK Nail at the intersection of thenorthern Right of way or s.ouTiron ld"-"rrq D;;", :",j. Right of way varies in width, ,ndthe northeastern Righi:r w"v "riir:r. 5",1 " ziz, ^.y.-ieouu1I9*: Expressway, said Righr: ofwav varies in widl*-lh-en'""i:i6;h11,r-sil;;;;;F"eedNorrh 00 degrees 28 minutes 43seconds west a distance of 2CR'62 feet to a pointitir.rr.. I9rtr, 7r degrees 17 minutes 2gseconds East a distance of 389.72r.oio a pointi tt.r.. Nortt-zl degrees 17 minutes 2g seco::rdsEast a distance of 15.00 r..,i, , priri u.io! ,r,"Tiiui:*b,N, or nrcrN*rxc; From said TRUE t-orNT oF BEGIN-NrNG thus estabrished proceed Norrh rg degrees 5gminutes 40 seconds -west a aitiunr.-#y,9g r..ii1rffi, thence North 7r degrees r7 minures28 seconds East a distance ;#;.ff feet to a pointi thence North 34 degrees 13 minutes [6seconds East a distance of l'01 rt.t to apoint; trr.n., N"nr, 7l degrees Ji'riirut", 42 seconlsEast a distance of 24'74 ft"i; ' o"t*,-th"r""s"r,rri+ a"grees 13 minutes 16 seconds wesr: adistance of 25 '71 feet to a point; tt "r."' sourr, z i a.g.*, iz -irr*es 2g seconds west a distanr:eof 380'36 feet to a point, riia p&"i u.i"g ,r,. rnur?iiiriT OF BEGTNNTNG. Said parcel contains 0.135 acres or 5,g69 square feet. Augusta, GA, Sam's Store # gl 15Activ e 200 57 67 9v7 222904.00038 I -17 - All that tract oryT"l of land lying and being in Georgia Militia District g0 in the cit,,Augusta' Richmond countv, c""ff;";-;"rrffi# nu,ll=ur*ry described as forows: All that tract or Pfl1el of land lying and being in Georgia Militia District 90 in the r)if ofAugusra, Richmond county, c"orglLd beinjriore i'#"u*ty described as forows: To find the True,Point -of Beginning COMMENCE at a pK Nail at the intersection of thenorthern Right of way or stott"Ni*oi rur.-oria orir., :r.0. Ri_ght of way varies in widrh, andthe northeastem Righi."f w"t ;i srol* nou, " zsz, i.rr.ieobby lgnrf Expressway, said R:ght ofwav varies in width; *"i"-".1"irig r"io rig1i"ffi|r1r.9a North 32 degrees 04 mimrtes 09seconds East a distance of 547 '32 r.?ito u point; trr.rlJfir*, 50 degrees 4/minutes 25 sr,,condswest a distance of 224.64 r.., ," " p"int; thence soutt +b a"gr.es 02 minutes 5g seconds ,ivest adistance of 14'93 feet to a point, ruii poirt being ,rr. ihun poINT oF BEGTNNTNG; From said TRUE PorNT oF BEGTNNING thus established proceed South 40 degre:es 02minutes 5g seconds west a ai.rr".. # go.54f.J1;;;;r, thence south 71 degrees 0g minutes13 seconds west a distance "r j+srfeet to;p;il,',h*ce North rg degrees 49 minur:es 03seconds west a distance of 15'00 re"ito a point; ih"r.. Norttr 7l degrees 0iminutes r3 ser:ondsEast a distance of 30..77 feet to ;;;t";, thence i"fth ;a ;egrees 0j minutes 58 seconds l:)ast adistance of 56' 17 feetto a point; trr"* f"tLs-o Jd,""-, i2 minutes 47 seconds East a disrranceof 15.00 feet to a point, ."ia p"i"it"i"e the TRUE p'oiilr or,BEGrNNrNG. Said parcel contains 0.031 acres or 1,36g square feet. rE ..BD All that tract or parcel of land lying and being in Georgia Militia District 90 in the ciriy ofAugusta, Richmond countv, c"";;i;;a ueinf iore i'J.iirut*ty described as folrows: To find the True-Point -of Beginning coMMEN cE at a pK Nail at the intersection o1, thenorthern Right of way or s.ott"Ni*oi rvr"-oriJ nriu"]ruia Right of w;y ,*ies in width, andthe northeastern Righigr wav oi i,o:* nou, e zlz, i.t .-iBobby 19*p e,.f[rr*uy, said Rigr:t ofwav varies in width; thence !.r1rr"e r.rd righi;;;;;irlr..o North 32 degrees 04 minute, 09;Tpff"itr!1 diu*re or 547.3i i""t to a point,'ruid point being the inue porNr oF From said TRUE PorNT oF BEGINNTNG thus established proceed North 70 degrees 15minutes 35 seconds East a aiu*r. or r,ll;11 ["i';i;;iil, thence South r8 degrees 38 minr.tes27 seconds East a distance "ii}.ori feet to a point; thence South 70 degrees 15 minutes 35seconds west a distance of 93'89 feet to a point;iher". Nortr, sl degrees 3Tminutes 12 secorrdswest a distance of 17 '66 r".t to u;"t"r, r"ia p"iri i.i-"e irrl rnur porNT oF BEGTNNTN.. Saidparcel contains 0.034acres l,4gl square feet. -18-Augusta" GA, Sam,s Store # gl 15Activ e 200 5 7 67 9v 7 222904.0 003 8 I H r_ All that tract or nlgel of land lying and being in Georgia Militia District 90 in the {.)ity ofAugusta' Richmond county, ceoriiaLd being more particularly described as follows: To find the True.Point of Beginning COMMENCE at a pK Nail at the intersection of thenorthern Right of way of ScotiNixoi Memoria orive, ,uia nign, of way varies in widt:h, andthe northeastern Right of way of state Route 232, a.k.iBobby Jones Expressway, said Right ofway varies in width; thence ieaving saia nghroffilir.ro Norrh 32 degrees 04 minu res 09seconds East a distance of 547 '32 re-et to u point; thenle south 51 degrees 37 minutes 12 sr:condsEast a distance of 17.66 feet to a point; thence South 4i degrees 15 minutes 02 seconds llast adistance of 7g.11 feet to a point, ruio foint being trre inun rorxr or rucruNrxc; From said TRUE PoINT oF BEGTNNING thus established proceed Norrh 72 degre:s lgminutes 32 seconds East a distance of f 6 as feet to ; p"iru thence South l g degrees 3g minutes27 seconds East a distance of 15.0o feet to u poil;'il;ce south 72 degrees lg minutr:s 32seconds west a distance of 50.63 feet to a point; thence south 2g degrees 02 minutes 06 ser:ondsWest a distance of 31.38 feetto a point; thence-South tg d"gr"", 40 minutes 26 seconds l:jast adistance of 239'10 feet to a point; tr,"n.g \onh z+ a.gr"o 28 minutes 14 seconds East a dis.anceof 12'97 feet to a point; thence sl"trris degrees so rilnutes 33 seconds East a distance of ,iig.09feet to a point; thence south zs aegrees 03 minutes 46 seconds west a distance of 2g.l2fee:to apoint; thence North l8 degrees +0linutes 26 seconds west a distance of 2g2.55feet to a 1:oint;thence North 28 degrees b2 minutes 06 seconds puri u airt*." of +z.gi-re", ao u point, saidpoint being the TRUE POINT OF BEGINNING. Said parcel contains 0.139 acres or 6,060 square feet. All that tract or nl1el of land lying and being in Georgia Militia District 90 in the cit,r ofAugusta, Richmond county, GeorgiaLd being more particularly described as follows: To find the True,l,oint of Beginning GOMMENCE at a pK Nail at the intersection of thenorthem Right of way of ScotiNixoi Memorial Drive, said Right of way varies in width, andthe northeastern Righi of way of state Route 232, a.k.iBobby Jones Expressway, said Rig.t ofway varies in width; thence leaving said right "f ;;;;"ceed South g4 degrees 56 minuter; 02seconds East a distance ot7oa.5i feet to a point,-said point being the TRUE porNT oFBEGINNING; From said TRUE PoINT oF BEGINNING thus established proceed thence North 71 degr,;es20 minutes 43 seconds East a distance of 194.64 feet to a point; thence North 26 degrees 16minutes 13 seconds East a distance of 29.15 feet to , pti",; thence North l g degrees 44 minutes38 seconds west a distance of a5a..5i feet to u poi.ri trr"nce North 73 degrees 11 minutes 23seconds East a distance of 15.01 feet to a point; til"rr." soutt, lg degrees 44 minutes 3g secor:rdsEast a distance of 460.27 feet to a point; thence south zo J.gr.., 16 minutes 13 seconds wer;t a Augusta, Gd Sam,s Store # gl 15 Activ e 200 57 67 9 v 7 2229 04.0 003 8 I -19- H r_ distance of 41'59 feet to a point; thence louth 7l degrees 20 minutes 43 seconds west a d.lstanceof 137'50 feet to a point; thence-North18 d"g..., ro"-irrut., 10 seconds west a distance rlf 5.09feet to a point; thenry !9uth 73 degrees 09 niinutes :q se;;nds west a distance of 32.52f::et to apoint; thence South 89 degrees z3linutes 56 seconds west a distance of 24.22feet to er point;.*f."+t,11ffiffii*Uf**X;i;' uil;;;;*". orT eereet to a point sai r poini Said parcel contains 0.226 acres or 9,g36 square feet. August4 GA, Sam,s Store # gl 15 Activ e 200 57 67 9 v 7 22290 4.0003 I I -20 - r_ Notwithstanding anything to the contrary in the attached document: Grantee agrees to use due care in any use of the easements herein granted and inthe construction, installation, repaii, ,.ptu..-"nt and maintenance of eitherGrantee's improvements or the easem_ent area as provided for herein so as not tounreasonably disturb Grantor's use-of itr pr"p;;;. - Grantee agrees to retum theeasement area to its condition which existed prio. to the installatior,, *ui.rt"nanceor repair of any of its improvements in the easement area by Grantee, includingbut not limited to the ripracement of any sod, landscaping, paving or otherimprovements that existed within th" "ur"-J"i#u pri"r to such installation. To the extent aJlgw-ed by law, Grantee will forever waive and hold Grantorharmless for, and defend Grantor against, any rr"ir^, losses, causes of action, andsuits which arise from Grantee's] itr ug*tr;,-ffitoy..s, or invitees, acts oromissions, including but not limited to the-use orit J.ur"ment herein granted andwill indemnifu Grantor and Grantor's tenants for any losses suffered?ue to any The easement granted hereunder is a permanent easement and will continue in fullforce and effect so long as the easement is used by the Grantee, its successors andassigns' Notwithstanding the foregoing, Grantorcnat nuu" the right, at its solecost and expense, to relocate said easement and the improvements located therein,upon Grantor's, property with Grantee's prior writte, tonrert, such consent not tobe unreasonably withheld, conditioned o. a"ruv.J.' Any improvements that arerelocated pursuant to this provision shall be constructed in compliance with thethen applicable rules, standards. and regulatiorrs Lr Augusta, Georgia, anddedicated to Grantee upon the expiration offiuppri"uur. *i,t*ti".. i[uo*irgthe dedication to and- acceptance of ttre improi!-"rrt, by Grantee, upon thewritten request of Grantor, Grantee shall ln a timely manner release andextinguish all of its rights in the abandoned easement.-' Grantee will use all caution notwhile utilizing this easement. August4 Gd Sam,s Store # gl 15 Activ e 200 57 67 9 v 7 222904.0003 B 1 -2t - to interfere with Grantor's business operations In exercising any rights and privileges under this easement, Grantee shall complyfully with any federal, state oi lo.ul"lu*s, regulations, ordinances, permits or otherauthorizations or approvals or other requiremenis relating to storm waterdischarges or the control of erosion -o. ..di-"nt discharges from constructionprojects, including but not limited to the ailw";;;;r, 33 u.s.c . g t25t etseq., and the storm water Generar permit for Discharges Associated withconstruction Activities (coilectivety the ,,storm wut., RA;irements,,). Grantee shall secure, maintain and comply with all required licenses, permits andcertificates relating to, or otherwise necessary or appropriate for, the construction,installation, repair, replacement and maintinance of either Grantee,simprovements or the easement area as provided for herein. Grantee shall complywith any and all applicable federal, state and local laws, rules, regulations,statutes, codes, orders and ordinances, including, but not limited Io, thosegoverning the prevention, abatement and elimination of pollution and/orprotection of the environment and the employment of its workers. Grantee shall use commercially reasonable efforts to (i) comply in all respectswith all immigration laws, statutes, rules, codes and'regulaiions, (ii) propertymaintain all records required by the United States Citizenship *d m-igrutio,Services (the "usgls"), including, without limitation, th; completio'n andmaintenance of the Form I-9 for each of Grantee,s employees, and (iii) respond ina timely fashion to any inspection requests related to such I-9 Forms. Granteeshall frlly cooperate in all respects with any audit, inquiry, inspection orinvestigation that may be conducted by the uscrs or a.*t.. or any of itsemployees. Grantor may, in its roi. discretion, terminate this easementimmediately if, at any time during the term, (x) Grantee violates or is in breach ofany provision of this paragraph or (y) the USCIS determines that Grantee has notc9lflled with any of the immigration laws, statutes, rules, codes and regulationsof the United States. Grantee sliall use commercially reasonable efforts tI."qui..all subcontractors performing any work on Grantee's improvements or theeasement area as provided for herein to make the covenants set forth in thisparagraph. Augusta, GA Sam's Store # gl15 Active 20057679v7 222904.000381 - -22 - r_ u'S' Bank National Association, a national banking association, which has an interest in imdto the property owned by usPG Portfolio Five, LLC Urii*. "r (i) that ..rtuin c.".giu Dee,:[ tosecure Debq Assignment of Leases and Rentssnd-security Agreement from uSpG portfolio Five,LLC, recorded on April 15, 2013, i; o4pr:O i;i;:_iig Zat, Columbia c"*ry, Geor:giarecords' and in Deed Book ll!l, ease rg56, Augu.t -ni"rr?orrd counry, Georgia records. asamended, and (ii) that certain ucc Finircing statenient recorded o, "-=-.*, in Deed Book_._,Page , aforesaid records for columbia county, and Deed Book , page _, aforesaid recc:.dsfor Augusta-Richmond county, rro*uy ronr*nts_to and joins in the execution and delivery of rheDeed of Dedication b{ 1a ryorg uspc portforio rire,-irc, ARC scAUGGA',l LLC rrndAugusta' Georgia, to which this pale is attached, such that io ,ii. ,r.n, of a foreclosure under rheaforesaid Georgia Deed to s""u.. olui e.rig"r."r ofl-;;"; ;; Rents and SecuriffAgreemenr, adeed in lieu of such foreclosure * *v'otrro *ch conveyan"*,it " instrument ro *rrilii'rrris pagt: isattached shall continue to be and rernain infult force ani .rr"., r, ,, the property owned by us),,GPortfolio Five, LLC, subject in all instanc.* io a" t.nas and conditions as contai,ed therein. Signed, sealed and delivered thisEl day of l<4\arnaeG20l4, in the presence of: My commission expires, *t(')0tb INOTARIAL SEAL] August4 OA, Sam's Store # gl 15 Active 20057679v7 2Z2g04.OOO3 I I U.S. BANK NATIONAL ASSOCIATION, Anational banking association By: Name: Title: (sEAL)*.-l &tU^.,.---/o:* vr'.--.%,tff- -23 - (Deed of Dedication) r_ The undersigned Mortgagee ("Mortgagee'), the current holder of that certain Sr,curityDeed' Assignment of Rents *a r"ur.r, collatera Assignment of property Agreemenr.s andSecurity Agreement (the *security Inslrument'), datei as of May 6,2oll,granted by ARCscAUGGA00l, LLC, a Delaware limited riJiiiiy-""rrp any ("Borrower,), for the benr:fit ofGoldman Sachs commercial Mortgage capitar, r.v. 1;:eouman,), predr."rr"*;1ffi:#;;Mortgagee, encumbering certain t-To o:r.i- ,*.rt, located in columbia counr:y andAugusta-Richmond County, Georgia, described i" tlr. seturity Instrument (collectivel,z, the"Propertli'), does-her*v ioin in,-and consent to, trr" terms and provisions of the Dered ofDedication (the *Deet') to whici this Joinder and consent of Mortgagee is attached. Theundersigned Mortgagee does hereby frnther ugr""1hu, th; property is subject to the Deerl, thatforeclosure of the security Inskument shall no-t terminate or otherwise affect the Deed, anrl thatany purchaser of'he Proqe{ gt uny portion thereofat foreclosure (or pursuant to a deed i, lieuof foreclosure) shall u"qrri.. iiu. trr"r.to subject to the oeea. Mortgagee executes this Joinder and consent of Mortgagee for the purpose of consr:ntingto the Deed and subordinating the lien of tlr; i;;;; Instrument to^the Deed; prQlided,however' that (a) such subordination shall not b" "ppli;re to any liens or assessments crrlatedor arising under the Deed; (b) no violation of the o"iJ rrrar defeat, impair or render invalj.c thelien of the Security Instrument; (c) should Mortgagee ffii." title to the property secured t y theSecurity Instrument, any liability Mortgag". *uy have under the Deed stratt te non-reci)urseexcept to the extent of its equity interest-in r.rcil prop..ty; (a) Mortgagee,s execution o.l.thisJoinder and consent of Mortgagel shall not be aee#a i. "orrrt*"d to [ave the effect of creirtingany relationship of partnership or of joint venture, nor stall anything contained under thisJoinder and consent of Mortgagee be ieemed to ir"i;;;-upo" Mortgagee any of the liabilrties,duties or obligations of ot *d"i the Deed, a1d Mortiuglr "*".utes this Joinder and conse.rt ofMortgagee solely for the purposes set forth in this" l"oinder and consent of Mortgagee; and(e) such consent and subordination (i) shall in no *"y-ai*irish, impair o, urr".t the secr*ityinterest in favor of Mortgagee createi !{ ft" s9"*i( t rrt r*"rt, (ii) shall not affect, anrend,limit or impair any of.the-t..mt or provisions of the sl"*ity Instrument ;*, of Mortgagree,srights under the Security Instrumeni, and (iii) shall not be deemed a consent to, or confirmi:tionwith respect to' any other action or request under, or a waiver of any conditions or requirerrLentsin' the Security lnstrument or the otheiloan Documents 1us a"nr.ain the security Instrume,t). PPAB2443206Vl 4 MORTGAGEE: DEIIISCHE BA}IK NATIONAL TITUSTCOMPAM, as trustee for the registered hol.ters ofGS Mortgage Securities Corporatiin II, Comn:,erciai \Igrtgage Pass-Through Certificates, Series 2ot1_GCs By: Wells FalSo Bank, N.A., solely in its capar:ity asMaster Servicer, as authorized uniel thatcertain Pooling and ServicingAgreement ilatedas of October 1, 2011 : VP srArE or t\/o rLL (,^,r* /;ro, coLrNrY or y'\o-tJ<le^lux l"' 20t4,#" tiT Tf,yryftK *^oyl"-lr:o oiryl",T rh*-*" t o-la* gzut+' oY \-te-f+ . E! / ?{ , P.th. _ ;d, Xi?::,*:N A, a "ati'o-ul bffing asiociation, Mu#r s.rvicer on behalf of Deutsche jitank)r ueuIscne l:tanKNational Trust company, as trustee for the 6iJ;;;A holders of GS Mortgage Securitiescorporation Il,commercial Mortgagg?ass-Through certificates, Series 20l l_GCs. Notary Public: PPAB2443206V1 4-"tt<lrt JANET GARNER NOTABY PUBLIC GASTON COUNry NC II Plytrlrn Expires March ?, 201i - John P' Suarez, as Trustee of Sam's Real Estate Business Trust, a Delaware statutorr trust,which has a leasehold interest in and to the property owned by ARC scAUGGA00l LLC, aDelaware limited liability cgmpany, by virtue ortrrut certain Ground Lease dated February 6,2009,as evidenced by that certain Short Form Lease dated February 6,2009 and recorded in the otifice ofthe clerk of Superior.gourt for Augusta-Richmond c;t, Georgia in Book olz1T,page 1134,hereby consents to and joins in the execution_and aerivery orthe oeed of Dedication by and ignongUSPG Portfolio Five, LLC, ARC SCAUGGAOO1 LLCand Augusta, Georgiq to which thi; pageis attached. ^Sjgned, sealed and delivered this Yauv or C*[./ ,2ot5,in the presence of: I JOHN P. SUAREZ, AS TRUSTEE OF S,{M'SREAL ESTATE BUSINESS TRUST By:(sEAL) Name: Title: M* c F*1" N@# Public My commission expires: l) odr*bo^ INOTARTAL SEAL] Senior Director, Realty Management aQ/d, a/ Benton CountyCommissiorr N.umber i zcozogsNotary puotiC - Ait'Jnsas Commission Expires November 26, -25 - Augusta, Gd Sam's Store # 8l 15 Activ e 200 5 7 67 9v7 2229 04.0003 8 I Commission Meeting Agenda 9/15/2015 2:00 PM USPG Portfolio Five, LLC (Sam's Club) Deed of Dedication Department:Augusta Utilities Department Caption:Motion to approve and accept a Deed of Dedication from USPG Portfolio Five, LLC (Sam's Club). (Approved by Engineering Services Committee September 8, 2015) Background:In 2012-2013, Sam's Club enlarged their building. In order to do this, they had to relocate water and sanitary sewer pipelines, belonging to Augusta. Analysis:The proffered Deed of Dedication is an easement swap. It grants Augusta easements over the new pipelines, which are currently in use, and abandons easements over the old pipelines that are no longer in use. The Deed restores both parties to their original positions as to the ownership of the utilities. Financial Impact:None Alternatives:No feasible alternatives. Recommendation:We recommend approval and acceptance of the USPG Portfolio Five, LLC Deed of Dedication. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Commission Meeting Agenda 9/15/2015 2:00 PM Minutes Department: Caption:Motion to approve the regular minutes and Special Called meeting of the Commission held September 8, 2015. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2015 2:00 PM District 9 Appts. Department: Caption:Motion to approve the appointment of Mr. Lucien Williams to the Historic Preservation Commission representing District 9. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Commission Meeting Agenda 9/15/2015 2:00 PM Affidavit Department: Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: