HomeMy WebLinkAbout2008-12-16-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
12/16/2008
2:00 PM
INVOCATION:
Reverend C.D. Roberts, Pastor Elim Baptist Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
ARC Senior Nutrition Services Program
A. Special recognition presentation - Ms. Patricia Strakosch, Center Director and Ms.
Brenda Buck in assocation with the management of the senior nutrition services
program at the Blythe Recreation Center. (Requested by Commissioner Jimmy
Smith)
Attachments
Employee of the Month
B. Congratulations! Ms. Tammie Faulkner, Customer Service Supervisor, ARC Solid
Waste Department, November Employee of the Month.
Attachments
CONSENT AGENDA
(Items 1-31)
PLANNING
1. Z-08-77 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Atkins & Associates, on behalf of Wendell
Johnston, requesting a Special Exception to establish an Adult Day Care Center per
Section 26-1 (e) of the Comprehensive Zoning Ordinance for Augusta-Richmond
County affecting property containing .22 acres and is known as 1327 Troupe Street.
(Tax Map 044-4-120-00-0) DISTRICT 1
Attachments
2. FINAL PLAT – MANCHESTER, SECTION 4 – S-772-IV – A request for
concurrence with the Augusta-Richmond County Planning Commission to approve a
petition from Southern Partners Inc. on behalf of COEL Development Co., for final
plat approval for Manchester, Section 4. This residential subdivision is located on
Dave MacDonald Drive, adjacent to Manchester, Section 1, Phase 1 and contains 30
Attachments
lots.
3. FINAL PLAT –WEST WHEELER TOWNHOMES, PHASE 7 PART B – S-794
– A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition from Southern Partners Inc. on behalf of ATC
Development Co., for final plat approval for West Wheeler Townhomes, Phase 7, Part
B. This residential subdivision is located on Aruba Circle and Wheeler Lake Road,
adjacent to Phase 7 Part A and contains 14 lots.
Attachments
4. Z-08-78 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Patricia Jones, on behalf of Johnny Nelson
requesting a Special Exception to establish a Family Personal Care Home per
Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond
County affecting property containing .22 acres and is known as 1618 Cider
Lane. (Tax Map 134-2-023-00-0) DISTRICT 2
Attachments
5. Z-08-79 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) 1 meeting per day, limited
to 4 hours; 2) a limit of 18 persons in attendance or what is approved by the Fire
Marshall, whichever is less; 3) no residential use of the property other than the
property owner and her family; a petition by Dawn Brown Creech requesting a
Special Exception to establish a club or meeting place per Section 26-1 (i) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
containing .23 acres and is known as 1749 Watkins Street. (Tax Map 035-4-085-00-
0) DISTRICT 1
Attachments
6. Z-08-81 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by John L. Williams requesting a Special
Exception to establish a Family Personal Care Home per Section 26-1 (h) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
containing .43 acres and known as 3029 Richmond Hill Road (Tax Map 109-4-004-
02-0) DISTRICT 6
Attachments
7. Z-08-82 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve with the following conditions 1) the only uses permitted
shall be Physicians, lawyers, engineers, architectsinsurance, finance, mortgage,
accounting, appraisal, business consultant, real estate, and other similar services
where no retail or wholesale activities are conducted on the premises or those uses
permitted in the R-1 zone; 2) no access to Fairington Drive; 3) the site must meet or
exceed the parking requirements in the Comprehensive Zoning Ordinance before a
Certificate of Occupancy is issued; and 4) the site must meet or exceed the
requirements of the Augusta-Richmond County Tree Ordinance before a Certificate
of Occupancy is issued; a petition by Randolph Frails, on behalf of Irene Nuite
Attachments
Lofton, requesting a change of zoning from Zone R-1 (One-family Residential) to
Zone P-1 (Professional) affecting property containing approximately .45 acres and is
known as 2662 Tobacco Road. (Tax Map 140-0-10-03-0) DISTRICT 4
8. Z-08-83 - A request for concurrence with the Augusta-Richmond County Planning
Commission to approve a petition by Shirley Ann Dunn requesting a change of
zoning from Zone R-1C (One-family Residential) to Zone R-MH (Manufactured
Home Residential) affecting property containing .17 acres and is known as 2020
Walnut Street. (Tax Map 087-2-167-00-0) DISTRICT 2
Attachments
PUBLIC SERVICES
9. Motion to approve a New Application: A. N. 08 - 53: request by Kun Yong Kim for
an on premise consumption Liquor & Beer license to be used in connection with Po
Cha Po Cha Restaurant located at 2925 Peach Orchard Rd. District 6. Super District
10. (Approved by Public Services Committee December 8, 2008)
Attachments
10. Motion to approve a New Ownership Application: A. N. 08 - 54: A request by
Pranav K. Patel for a retail package Liquor, Beer & Wine license to be used in
connection with Harrison's Package Store located at 1889 Gordon Hwy. District 5.
Super District 9. (Approved by Public Services Committee December 8, 2008)
Attachments
11. Motion to approve a New Ownership Application: A. N. 08 - 56: request by Jae S.
Kim for a retail package Beer & Wine license to be used in connection with Olive
Supermarket located at 1671 Olive Rd. District 2. Super District 9. (Approved by
Public Services Committee December 8, 2008)
Attachments
12. Motion to approve a New Ownership Application: A. N. 08 - 57: request by Charles
E. Sconyers for an on premise consumption Liquor, Beer & Wine license to be used
in connection with Coyotes located at 2512 Peach Orchard Rd. There will be
Dance. District 2. Super District 9. (Approved by Public Services Committee
December 8, 2008)
Attachments
13. Motion to approve Change Order to the RW Allen Contract to construct the new
Main Library, for removal of unsuitable soils and replacement with engineered fill.
(Approved by Public Services Committee December 8, 2008)
Attachments
14. Motion to approve the ownership and maintenance of the new Hephzibah Carroll
Sports Complex. (Aproved by Public Services Committee December 8, 2008)
Attachments
15. Motion to approve New Ownerhip Application: A. N. 08 - 55: request by Permelia
Clifton for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Beamie's At the River located at 865 Reynolds St. There will be
Sunday Sales. District 1. Super District 9.(Approved by Public Services
Committee December 8, 2008)
Attachments
PUBLIC SAFETY
16. Motion to approve entering into a contract with QORE Property Sciences for
National Pollutant Discharge Elimination System (NPDES) monitoring and testing
services associated with construction of the Webster Detention Center Expansion.
(Approved by Public Safety Committee December 8, 2008)
Attachments
ENGINEERING SERVICES
17. Motion to approve an Option for Right-of-Way between Lora L. Wooten, Mary E.
Kelly and Shelly L. Hopkins, as owners, and Augusta, Georgia, as optionee, in
connection with the Alexander Drive Project, consisting of 0.190 acre (8,283.66
square feet) in fee and 0.110 acre (4,776.62) square feet) of permanent construction
and maintenance easement and one temporary driveway easement for the property
located at 1064 Alexander Drive, for a purchase price of $200,000.00. (Approved by
Engineering Services Committee December 8, 2008)
Attachments
18. Motion to approve Supplemental Agreement Number Five and Change Number Six
as requested by the Engineering Department with Cranston Engineering Group in the
amount of $223,530 for engineering and design changes to ensure compliance with
the NPDES Permit Guidelines, Nationwide Permit Guidelines, additional
environmental services, additional design changes to facilitate the right of way
acquisition ($117,680) and survey, design and construction phase consulting services
as related to water and sewer mains ($105,850) on the Alexander Drive widening
project, CPB #323-041110-296823215. Funds are available in SPLOST Phase III
Recapture Account ($117,680) and account number 507043410-5212115/80800030-
5212115 ($105,850). (Approved by Engineering Services Committee December 8,
2008)
Attachments
19. Motion to approve award of RFP 08-182, Construction of Deans Bridge Road MSW
Landfill Phase III, Stage 2, Cell 1 and Gas Collection Control System (GCCS) to
Cooper, Barnette, and Page, Inc. (Approved by Engineering Services Committee
December 8,2008)
Attachments
20. Motion to authorize condemnation to acquire title of a portion of property for
permanent and temporary easements for the AUD 50202 Horsepen Sanitary Sewer,
Phase 2 Project, Parcel 13, Tax Map 139-0, Parcel 141, 3840 New Karleen Road.
(Approved by Engineering Services Committee December 8, 2008)
Attachments
21. Motion to authorize condemnation to acquire title of a portion of property for right-
of-way and permanent easement on the Alexander Drive Project Parcel 34, Tax Map
013, Parcel 001. (Approved by Engineering Services Committee December 8,
2008)
Attachments
22. Motion to authorize condemnation to acquire title of a portion of property for right-
of-way and a permanent easement for the Alexander Drive Project, Parcel 51, Tax
Map 013-1, Parcel 252, 2815 Brickrun Way. (Approved by Engineering Services
Committee December 8, 2008)
Attachments
23. Motion to authorize condemnation to acquire title of a portion of property for
permanent and temporary easements for the AUD 50202 Horsepen Sanitary Sewer,
Phase 2 Project, Tax Map 140, Parcel 212, 3748 Pinnacle Place Drive. (Approved by
Engineering Services Committee December 8, 2008)
Attachments
24. Motion to authorize condemnation to acquire title of a portion of property for right-
of-way, permanent and temporary easements for the Alexander Drive Project, Parcel
13, Tax Map 012, Parcel 75, 1085 Alexander Drive. (Approved by Engineering
Services Committee December 8, 2008)
Attachments
25. Motion to authorize condemnation to acquire title of a portion of property for
temporary demotion for the Alexander Drive Project, Parcel 7, Tax Map 013-1, Parcel
107, 2503 Carriage Creek, Augusta. (Approved by Engineering Services
Committee December 8, 2008)
Attachments
26. Motion to approve a Deed of Easement Dedication from Augusta, Georgia to the
Augusta Utilities Department, across eleven properties within the green space
corridor of Butler Creek off Phinizy Road and between Mike Padgett Highway and
Peach Orchard Road. (Approved by Engineering Services Committee December
8, 2008)
Attachments
27. Motion to authorize execution of Change Order #1 in an amount not to exceed $
448,779.00 to Crowder Construction for additional work at the Goodrich Street Raw
Water Pumping Station. (Approved by Engineering Services Committee
December 8, 2008)
Attachments
28. Motion to approve CSX-059412, a Facility Encroachment Agreement between CSX
Transportation, Inc. and Augusta, Georgia. (Approved by Engineering Services
Attachments
Committee December 8, 2008)
29. Motion to approve Proposal from Augusta IT Department to install Utilities
Highland Avenue Filter Plant Network Hardware and Cabling. (Approved by
Engineering Services Committee December 8, 2008)
Attachments
PETITIONS AND COMMUNICATIONS
30. Motion to approve the minutes of the regular meeting of the Commission held on
December 2, 2008 and Special Called Meeting December 8, 2008.
Attachments
ATTORNEY
31. Motion to approve an Ordinance to amend the Augusta Richmond County Code; to
create new Chapter 5 to Title II (Finance and Taxation) called "Chapter 5, called
"Article 1 Identity Theft Prevention Program"; to create a new Article 2 to the new
Chapter 5 called "Article 2 Treatment of Address Discrepancies"; to comply with
federal regulations relating to red flags and identity theft; to provide for codification;
to provide for severability; to provide for an adoption date; to provide an effective
date; and for other purposes allowed by law. (Approved by the Commission
December 2, 2008 - second reading)
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
12/16/2008
AUGUSTA COMMISSION
REGULAR AGENDA
12/16/2008
(Items 32-33)
PUBLIC SERVICES
32. New Ownership Application: A. N. 08 - 52: A request by Clara Thomas for an on
premise consumption Liquor, Beer & Wine license to be used in connection with
MAC Aquisition, LLC DBA Romano's Macaroni Grill located at 275 Robert C.
Daniel Pkwy. There will be Sunday Sales. District 3. Super District 10. (No
recommendation from Public Services Committee December 8, 2008)
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
Upcoming Meetings
www.augustaga.gov
B. Real Estate.
C. Personnel.
33. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Commission Meeting Agenda
12/16/2008 2:00 PM
Invocation
Department:
Caption:Reverend C.D. Roberts, Pastor Elim Baptist Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 1
Commission Meeting Agenda
12/16/2008 2:00 PM
ARC Senior Nutrition Services Program
Department:
Caption:Special recognition presentation - Ms. Patricia Strakosch, Center
Director and Ms. Brenda Buck in assocation with the management of the
senior nutrition services program at the Blythe Recreation Center.
(Requested by Commissioner Jimmy Smith)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 2
Commission Meeting Agenda
12/16/2008 2:00 PM
Employee of the Month
Department:
Caption:Congratulations! Ms. Tammie Faulkner, Customer Service Supervisor,
ARC Solid Waste Department, November Employee of the Month.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 3
Attachment number 1
Page 1 of 1
Item # 3
Commission Meeting Agenda
12/16/2008 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-08-77 - A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by Atkins & Associates, on
behalf of Wendell Johnston, requesting a Special Exception to establish an
Adult Day Care Center per Section 26-1 (e) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing .22
acres and is known as 1327 Troupe Street. (Tax Map 044-4-120-00-0)
DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
Commission Meeting Agenda
12/16/2008 2:00 PM
Planning Commission
Department:Planning Commission
Caption: FINAL PLAT – MANCHESTER, SECTION 4 – S-772-IV – A request
for concurrence with the Augusta-Richmond County Planning Commission
to approve a petition from Southern Partners Inc. on behalf of COEL
Development Co., for final plat approval for Manchester, Section 4. This
residential subdivision is located on Dave MacDonald Drive, adjacent to
Manchester, Section 1, Phase 1 and contains 30 lots.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 5
Commission Meeting Agenda
12/16/2008 2:00 PM
Planning Commission
Department:Planning Commission
Caption: FINAL PLAT –WEST WHEELER TOWNHOMES, PHASE 7 PART B
– S-794 – A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition from Southern Partners Inc. on
behalf of ATC Development Co., for final plat approval for West Wheeler
Townhomes, Phase 7, Part B. This residential subdivision is located on
Aruba Circle and Wheeler Lake Road, adjacent to Phase 7 Part A and
contains 14 lots.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 6
Commission Meeting Agenda
12/16/2008 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-08-78 - A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by Patricia Jones, on behalf of
Johnny Nelson requesting a Special Exception to establish a Family
Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing .22
acres and is known as 1618 Cider Lane. (Tax Map 134-2-023-00-0)
DISTRICT 2
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 7
Commission Meeting Agenda
12/16/2008 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-08-79 - A request for concurrence with the Augusta-Richmond County
Planning Commission to approve with the following conditions 1) 1
meeting per day, limited to 4 hours; 2) a limit of 18 persons in attendance or
what is approved by the Fire Marshall, whichever is less; 3) no residential
use of the property other than the property owner and her family; a petition
by Dawn Brown Creech requesting a Special Exception to establish a club
or meeting place per Section 26-1 (i) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing .23
acres and is known as 1749 Watkins Street. (Tax Map 035-4-085-00-0)
DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 8
Commission Meeting Agenda
12/16/2008 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-08-81 - A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by John L. Williams requesting
a Special Exception to establish a Family Personal Care Home per
Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property containing .43 acres and known as
3029 Richmond Hill Road (Tax Map 109-4-004-02-0) DISTRICT 6
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 9
Commission Meeting Agenda
12/16/2008 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-08-82 - A request for concurrence with the Augusta-Richmond County
Planning Commission to approve with the following conditions 1) the only
uses permitted shall be Physicians, lawyers, engineers, architectsinsurance,
finance, mortgage, accounting, appraisal, business consultant, real estate,
and other similar services where no retail or wholesale activities are
conducted on the premises or those uses permitted in the R-1 zone; 2) no
access to Fairington Drive; 3) the site must meet or exceed the parking
requirements in the Comprehensive Zoning Ordinance before a Certificate
of Occupancy is issued; and 4) the site must meet or exceed the
requirements of the Augusta-Richmond County Tree Ordinance before a
Certificate of Occupancy is issued; a petition by Randolph Frails, on behalf
of Irene Nuite Lofton, requesting a change of zoning from Zone R-1 (One-
family Residential) to Zone P-1 (Professional) affecting property
containing approximately .45 acres and is known as 2662 Tobacco Road.
(Tax Map 140-0-10-03-0) DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 10
Commission Meeting Agenda
12/16/2008 2:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-08-83 - A request for concurrence with the Augusta-Richmond County
Planning Commission to approve a petition by Shirley Ann Dunn
requesting a change of zoning from Zone R-1C (One-family Residential)
to Zone R-MH (Manufactured Home Residential) affecting property
containing .17 acres and is known as 2020 Walnut Street. (Tax Map 087-2-
167-00-0) DISTRICT 2
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 11
Commission Meeting Agenda
12/16/2008 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 08 - 52: A request by Clara Thomas for
an on premise consumption Liquor, Beer & Wine license to be used in
connection with MAC Aquisition, LLC DBA Romano's Macaroni Grill
located at 275 Robert C. Daniel Pkwy. There will be Sunday Sales.
District 3. Super District 10. (No recommendation from Public Services
Committee December 8, 2008)
Background:This is a new ownership application. Formerly in the name of Warren K.
Rindt.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $3327.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 12
Attachment number 1
Page 1 of 2
Item # 12
Attachment number 1
Page 2 of 2
Item # 12
Commission Meeting Agenda
12/16/2008 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve a New Application: A. N. 08 - 53: request by Kun Yong
Kim for an on premise consumption Liquor & Beer license to be used in
connection with Po Cha Po Cha Restaurant located at 2925 Peach Orchard
Rd. District 6. Super District 10. (Approved by Public Services
Committee December 8, 2008)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $1815.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
Attachment number 1
Page 1 of 2
Item # 13
Attachment number 1
Page 2 of 2
Item # 13
Commission Meeting Agenda
12/16/2008 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve a New Ownership Application: A. N. 08 - 54: A request
by Pranav K. Patel for a retail package Liquor, Beer & Wine license to be
used in connection with Harrison's Package Store located at 1889 Gordon
Hwy. District 5. Super District 9. (Approved by Public Services
Committee December 8, 2008)
Background:This is a new ownership application. Formerly in the name of Gurdev
Grewal.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of$2177.50.
Alternatives:
Recommendation:License & Inspections recommends approval. TheRCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 14
Attachment number 1
Page 1 of 2
Item # 14
Attachment number 1
Page 2 of 2
Item # 14
Commission Meeting Agenda
12/16/2008 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve a New Ownership Application: A. N. 08 - 56: request
by Jae S. Kim for a retail package Beer & Wine license to be used in
connection with Olive Supermarket located at 1671 Olive Rd. District 2.
Super District 9. (Approved by Public Services Committee December 8,
2008)
Background:This is a new ownership application. Formerly in the name of Kyung R.
Han.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $605.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 15
Attachment number 1
Page 1 of 2
Item # 15
Attachment number 1
Page 2 of 2
Item # 15
Commission Meeting Agenda
12/16/2008 2:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve a New Ownership Application: A. N. 08 - 57: request
by Charles E. Sconyers for an on premise consumption Liquor, Beer &
Wine license to be used in connection with Coyotes located at 2512 Peach
Orchard Rd. There will be Dance. District 2. Super District 9. (Approved
by Public Services Committee December 8, 2008)
Background:This is a new ownership application. Formerly in the name of Vicky Tyree.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $2227.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 16
Attachment number 1
Page 1 of 2
Item # 16
Attachment number 1
Page 2 of 2
Item # 16
Commission Meeting Agenda
12/16/2008 2:00 PM
Approve Change Order for Removal and Replacement of Unsuitable Soils at the Main Library Site
Department:CIPM for Library
Caption:Motion to approve Change Order to the RW Allen Contract to construct the
new Main Library, for removal of unsuitable soils and replacement with
engineered fill. (Approved by Public Services Committee December 8,
2008)
Background:The architect/engineer’s construction documents for site work at the location
of the new Library in downtown Augusta require that the General
Contractor, RW Allen, undercut (replace) the uppermost 4 feet of existing
soil underneath the building. This is due to the presence of unsuitable soils,
in accordance with the geotechnical engineering recommendations. The
extent of required undercutting has been expanded considerably, to
encompass areas deeper than 4 feet, as well as the area of the new parking
lot.
Analysis:The downtown site has been previously developed and the possibility of
unforeseen underground conditions and unsuitable soils was planned for. As
such, unit prices for this work were required on the project’s Bid Form, and
have been incorporated into the Contract. The additional work will be paid
for from the project’s change order contingency. This change order is for
unforeseen, subsurface conditions, resulting in additional replacement of
unsuitable soils. The identification and replacement of unsuitable soils has
been under the guidance of Augusta’s on-site geotechnical engineer, ATC,
and CIPM. Failure to replace these soils will jeopardize the structural
integrity of the new Library.
Financial Impact:The cost of the change order is $137,254.40
Alternatives:None. The unsuitable soils must be replaced.
Recommendation:Approve Change Order to the RW Allen Contract to remove unsuitable soils
and replace with engineered fill, at the site of the new Augusta Library.
Funds are Available in
the Following
Accounts:
FUNDS ARE AVAILABLE IN ACCOUNT: GL – 324-05-1120 -
202150320
REVIEWED AND APPROVED BY:
Cover Memo
Item # 17
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 17
Attachment number 1
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Item # 17
Attachment number 1
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Item # 17
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Attachment number 1
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Item # 17
Commission Meeting Agenda
12/16/2008 2:00 PM
Hephzibah Carroll Sports Complex
Department:
Caption:Motion to approve the ownership and maintenance of the new Hephzibah
Carroll Sports Complex. (Aproved by Public Services Committee
December 8, 2008)
Background:The Augusta Commission approved a land swap and facility replacement
agreement with the Richmond County Board of Education at Hephzibah
Carroll Park related to improvements at Hephzibah High School and
sebsequently the new athletic facilities for the City of Augusta on March 20,
2007.
Analysis:In lieu of the approved land swap, the Richmond County Board of
Education was able to locate all their athletic facilities on one contiguous
parcel of property. In addition the City of Augusta received two (2) new
athletic fields, four (4) dugouts, two (2) concession buildings, one (1)
storage building and paved parking adjacent to this facility.
Financial Impact:The new sports complex at Hephzibah Carroll Park was constructed by the
Richmond County Board of Education at no cost to the City of Augusta.
Alternatives:1. To approve the acceptance of these new athletic facilities for the City of
Augusta. 2. Move no action.
Recommendation:1. To approve the acceptance of ownership and maintenance of the new
Hephzibah Sports Complex.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission Cover Memo
Item # 18
Attachment number 1
Page 1 of 1
Item # 18
Commission Meeting Agenda
12/16/2008 2:00 PM
License & Inspections
Department:License & Inspections
Caption:Motion to approve New Ownerhip Application: A. N. 08 - 55: request by
Permelia Clifton for an on premise consumption Liquor, Beer & Wine
license to be used in connection with Beamie's At the River located at 865
Reynolds St. There will be Sunday Sales. District 1. Super District 9.
(Approved by Public Services Committee December 8, 2008)
Background:This is a new ownership application. Fornerly in the name of Geroge
Harrison.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $3327.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 19
Attachment number 1
Page 1 of 2
Item # 19
Attachment number 1
Page 2 of 2
Item # 19
Commission Meeting Agenda
12/16/2008 2:00 PM
APPROVE CONTRACT AWARD TO QORE PROPERTY SCIENCES FOR NPDES TESTING FOR THE JAIL
EXPANSION
Department:CIPM for the RCSO
Caption:Motion to approve entering into a contract with QORE Property Sciences
for National Pollutant Discharge Elimination System (NPDES) monitoring
and testing services associated with construction of the Webster Detention
Center Expansion. (Approved by Public Safety Committee December 8,
2008)
Background:McKnight Construction was awarded the contract to build the jail expansion
on November 5th, 2008. Land disturbance activities associated with the jail
expansion are scheduled to commence in mid-December, 2008. Proposals to
perform NPDES services were received from two firms. Review and
analysis of the two proposals were performed by the Procurement Office,
assisted by Capital Improvements Program Management (CIPM). The
proposal from QORE was judged to be in the best interests of the project
and Augusta.
Analysis:NPDES testing and monitoring are required by Augusta Richmond County
and the Environmental Protection Division of the Georgia Department of
Natural Resources. The services will be performed on a weekly basis for the
duration of the project, along with post-precipitation turbidity testing as
determined by weather conditions. Proposals were required to include a cost
component based on uniform assumptions, enabling a fair and consistent
comparison. The contract will be established with stated assumptions
serving as a “Not to Exceed” Contract, with actual fees determined by actual
quantities of tests/inspections, as determined by field and weather
conditions.
Financial Impact:The services will be performed on an “as needed” basis, with a “not to
exceed” contract amount of $30,355.00.
Alternatives:There are no good alternatives. This work is required by State and Local
regulations.
Recommendation:Approve entering into a contract with QORE Property Sciences for National
Pollutant Discharge Elimination System (NPDES) monitoring and testing
services associated with construction of the Webster Detention Center
Expansion.
Funds are Available in
the Following Funds are available in accounts:GL – 325-05-1130 / 206351101
Cover Memo
Item # 20
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 20
Attachment number 1
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Page 13 of 13
Item # 20
Commission Meeting Agenda
12/16/2008 2:00 PM
Agenda Item - Alexander Drive Project Parcel 14 and 15 1066 Alexander Drive Wooten, et al
Department:Attorney
Caption:Motion to approve an Option for Right-of-Way between Lora L. Wooten,
Mary E. Kelly and Shelly L. Hopkins, as owners, and Augusta, Georgia, as
optionee, in connection with the Alexander Drive Project, consisting of
0.190 acre (8,283.66 square feet) in fee and 0.110 acre (4,776.62) square
feet) of permanent construction and maintenance easement and one
temporary driveway easement for the property located at 1064 Alexander
Drive, for a purchase price of $200,000.00. (Approved by Engineering
Services Committee December 8, 2008)
Background:The purchase price includes reconfiguring the parking lot and has been
recommended by the Engineering Department for approval. The property
owners have agreed to convey the right-of-way to Augusta, Georgia for the
Alexander Drive Project.
Analysis:The purchase of the referenced property is necessary for the project.
Financial Impact:The costs necessary for this purchase are within the project budget.
Alternatives:Deny the motion.
Recommendation:Approve the motion.
Funds are Available in
the Following
Accounts:
323-04-1110-5411120 296823215–5411120
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 21
Item # 21
Item # 21
Item # 21
Item # 21
Commission Meeting Agenda
12/16/2008 2:00 PM
Alexander Drive from Washington Road to Riverwatch Parkway
Department:Abie L. Ladson, P.E., Director, Augusta Engineering
Caption:Motion to approve Supplemental Agreement Number Five and Change
Number Six as requested by the Engineering Department with Cranston
Engineering Group in the amount of $223,530 for engineering and design
changes to ensure compliance with the NPDES Permit Guidelines,
Nationwide Permit Guidelines, additional environmental services, additional
design changes to facilitate the right of way acquisition ($117,680) and
survey, design and construction phase consulting services as related to water
and sewer mains ($105,850) on the Alexander Drive widening project, CPB
#323-041110-296823215. Funds are available in SPLOST Phase III
Recapture Account ($117,680) and account number 507043410-
5212115/80800030-5212115 ($105,850). (Approved by Engineering
Services Committee December 8, 2008)
Background:This is a Georgia Department of Transportation (GDOT) project that
will widen and reconstruct Alexander Drive to 4 lanes with a 20’ raised
median from Washington Road to Riverwatch Parkway. The Engineering
is responsible for development of the Preliminary Engineering activities and
the Utilities Department is responsible for relocating the existing water
mains in this area. This will offer the opportunity to extend the sanitary
sewer service to customers previously not served. The Cranston Engineering
Group is doing the engineering and design activities for the Engineering
Department. An engineered set of drawings must be produced in
accordance with GDOT protocol. The estimated construction cost is
$11.3 million and GDOT has identified construction funds for fiscal year
2009.
Analysis:Cranston Engineering Group entered into an agreement with Augusta-
Richmond County on November 13, 1998 to provide the engineering and
design services to improve Alexander Drive. On August 1, 2008 the state
EPD approved revised guidelines concerning erosion control plans. These
guidelines have been adopted by GDOT and on August 26, 2008 GDOT
advised that these guidelines shall be incorporated into all projects. On
August 20, 2008 GDOT advised that revisions to the United States Army
Corps of Engineers Nationwide 404 Permit Regional Conditions had been
adopted and that these guidelines shall be incorporated into all projects. The
right of way plans were approved on October 31, 2006. Prior to approval of
the right of ways, it was agreed that retaining walls would be needed to
minimize impacts to the parcel that belongs to Kroger and the parcel that
belongs to Masters Glen Apartments. A retaining wall was designed to
minimize impacts to Kroger. However, Kroger initiated improvements to
their parcel which included subdivision of their parcel and a major
reconstruction/expansion of their store. The original retaining wall has been
Cover Memo
Item # 22
redesigned two more times to accommodate the changes initiated by Kroger.
The retaining wall at Masters Glen Apartments is being redesigned for the
second time to ensure impacts to their parcel are minimized. In addition to
the redesign of the walls, additional field survey data had to be gathered and
the street lighting plans had to be redesigned in these areas. The approved
environmental document will have to be re-evaluated and approved by
GDOT and FHWA officials one more time before the project is let. Also,
the approved Nationwide Permit will have to be resubmitted to the Army
Corps of Engineers for approval to ensure that the Augusta 26, 2008
guidelines have been incorporated into the plans. Other services include 1)
revisions to the traffic signal plans to coordinate with the revised site
development plan at The Village at Riverwatch and 2) printing costs that
have exceeded the original budget. The printing requirements for the GDOT
Final Field Plan Review and final delivery have increased since the original
agreement was executed and Cranston has received numerous requests for
plans from city officials, GDOT officials and property owners. Utilizing the
same engineering firm to develop the water and sanitary sewer plans will
eliminate coordination issues.
Financial Impact:Cranston Engineering Group has proposed a total cost of $223,530 for these
additional services ($22,880 for the redesign of the erosion control plans;
$30,980 to incorporate the revised Nationwide 404 Permit guidelines into
the plans; $28,250 for the engineering and redesign of the retaining walls at
Kroger and Masters Glen Apartments $7,990 for re-evaluation of the
environmental document; $7,180 for revisions to the traffic signal plans;
$20,400 for printing costs; and $105,850 for design of the water and sanitary
sewer plans).
Alternatives:1) Approve Supplemental Agreement Number Five and Change Number Six
as requested by the Engineering Department with Cranston Engineering
Group in the amount of $223,530 for engineering and design changes to
ensure compliance with the NPDES Permit Guidelines, Nationwide Permit
Guidelines, additional environmental services, additional design changes to
facilitate the right of way acquisition ($117,680); and survey, design and
construction phase consulting services as related to water and sewer mains
($105,850) on the Alexander Drive widening project, CPB #323-04-
296823215. Funds are available in SPLOST Phase III Recapture ($117,680)
and account number 507043410-5212115/80800030-5212115 ($105,850).
2) Do not approve the request and jeopardize the progress of this important
project to Augusta.
Recommendation:Approve Alternative Number One.
Funds are Available in
the Following
Accounts:
FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: 323-
041110-6011110/296823333-6011110 ($117,680) 507043410-
5212115/80800030-5212115 ($105,580)
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 22
Clerk of Commission
Cover Memo
Item # 22
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project be set up is authorized to CPB#323-041110-296823215. Additional
funding is required for engineering and design changes and other services
concerning the improvements to Alexander Dr. Funds are available in
SPLOST III Recapture.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase III Recapture 2,522,795$
Augusta Utilities 24,768$
Special 1% Sales Tax, Phase III Recapture 86,680$
Special 1% Sales, Tax Fund Balance 2,000,000$
Special 1% Sales Tax, Phase III Recapture 117,680$
Augusta Utilities 105,850$
CPB#323-041110-296823215
CAPITAL PROJECT BUDGET
ALEXANDER DRIVE IMPROVEMENTS
CHANGE NUMBER SIX
(WASHINGTON ROAD TO RIVERWATCH PARKWAY)
DO NOT PROCESS THIS DOCUMENT. (once approved by the Commission Engineering
will send the original document(s) for execution to the Clerk of Commission Office. For
questions please contact Engineering at ext 5070. )
Augusta Utilities 105,850$
4,857,773$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Rock Creek $4,857,773 7th $4,857,773
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Deke Copenhaver, Mayor
1 of 2 10/6/08
Attachment number 1
Page 1 of 2
Item # 22
Augusta-Richmond County, Georgia CPB#323-041110-296823215
CAPITAL PROJECT BUDGET
ALEXANDER DRIVE IMPROVEMENTS
CHANGE NUMBER SIX
(WASHINGTON ROAD TO RIVERWATCH PARKWAY)
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPLOST, PHASE II
323-04-1110-000000-000000000 ($2,522,795) ($2,522,795)
AUGUSTA UTILITIES
507043420-5212115/89800510-5212115 ($24,768) ($24,768)
SPLOST PHASE III
323-04-1110-6011111-296823333 ($86,680) ($86,680)
SPLOST, FUND BALANCE
323-000-000000/39-52110 ($2,000,000) ($2,000,000)
SPLOST PHASE III
323-04-1110-6011110-296823333 ($117,680) ($117,680)
AUGUSTA UTILITIES ($105,850) ($105,850)
507043410-5212115-80800030
TOTAL SOURCES: ($4,634,243) ($117,680) ($4,857,773)
USE OF FUNDS
ENGINEERING
323-04-1110-5212115-296823215 $426,127 $117,680 $543,807
ADVERTISING
323-04-1110-5233119-296823215 $0
RAILROAD PERMIT
323-04-1110-5414610-296823215 $0 $0
RIGHT OF WAY
323-04-1110-5411120-296823215 $4,208,116 $4,208,116
UTILITIES
323-04-1110-5414510-296823215 $0 $0
507043410-5212115-80800030 $105,850 $105,850
AUGUSTA UTILITES
507043420-5212115/89800510-296823215 $0 $0
CONSTRUCTION
323-04-1110-5414110-296823215 $0 $0
SIGNALS
323-04-1110-5414610-296823215 $0 $0
CONTINGENCY
323-04-1110-6011110-296823215 $0
TOTAL USES: $4,634,243 $223,530 $4,857,773
2 of 2 10/6/08
Attachment number 1
Page 2 of 2
Item # 22
(SA02 – For changes greater than $20,000) April 2005
AUGUSTA, GEORGIA
DEPARTMENT OF PUBLIC WORKS & ENGINEERING
SUPPLEMENTAL AGREEMENT
ARC PROJECT NUMBERS: 323-04-296823215
GDOT PROJECT NUMBERS: STP-0001-00 (794), PI 0001794
SUPPLEMENTAL AGREEMENT NO. 5
P.O. 1444
WHEREAS, We, Cranston Engineering Group, P. C., Consultant, entered into a contract with
Augusta-Richmond County on November 13, 1998, for engineering design services associated
with the widening and reconstruction of Alexander Drive from Washington Road to
Riverwatch Parkway, Project No. 323-04-296823215- STP-0001-00 (794), File Reference No.
07-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not
covered by the scope of the original contract, we desire to submit the following Supplemental
Agreement to-wit:
Additional engineering and design services to incorporate new state
EPD mandated erosion control guidelines, Army Corps of Engineers
Nationwide 404 Permit revisions, design changes to facilitate the right of
way acquisition and other services.
It is agreed that as a result of the above described modification the contract amount is increased
by $223,530.00 from $417,318.35 to a new total of $640,848.35.
Any modifications to submittal dates shall be as identified in the attached proposal. This
agreement in no way modifies or changes the original contract of which it becomes a part, except
as specifically stated herein.
NOW, THEREFORE, We, Cranston Engineering Group, P. C., Consultant, hereby agree to
said Supplemental Agreement consisting of the above mentioned items and prices, and agree that
this Supplemental Agreement is hereby made a part of the original contract to be performed
under the specifications thereof, and that the original contract is in full force and effect, except
insofar as it might be modified by this Supplemental Agreement.
This day of , 2008.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
Mayor
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL]
ATTEST: ATTEST:
Title: Title:
Attachment number 2
Page 1 of 1
Item # 22
Commission Meeting Agenda
12/16/2008 2:00 PM
Award of RFP 08-182, Construction of Deans Bridge Road MSW Landfill Phase III, Stage 2, Cell 1 and Gas Collection
Control System (GCCS) to Cooper, Barnette, and Page, Inc.
Department:Solid Waste
Caption:Motion to approve award of RFP 08-182, Construction of Deans Bridge
Road MSW Landfill Phase III, Stage 2, Cell 1 and Gas Collection Control
System (GCCS) to Cooper, Barnette, and Page, Inc. (Approved by
Engineering Services Committee December 8,2008)
Background:In the past few years the Solid Waste Department has seen a steady increase
in the amount of trash brought to the landfill. We have tried to accommodate
this increase with building small cells, but this has not been efficient enough
to meet our increasing stream of solid waste, nor has it been cost effective as
we are required to build more of these cells on a regular basis. It is for this
reason that the Solid Waste Department released a bid for the construction
of what is known as Phase III, Stage 2, Cell 1 and Gas Collection Control
System (GCCS). The construction of this new cell is cost effective as we
will build one large cell to meet our current and future solid waste needs.
This is a lengthy process that should begin soon so that there is enough time
to get all the necessary state inspections and approvals.
Analysis:The expansion of the landfill was permitted by the Georgia Environmental
Protection Division a few years ago as the capacity of the older landfill cells
approached capacity. As Augusta has begun filling the active landfill cell
with garbage, it is necessary to expand the active area to the neighboring cell
and begin preparing it to receive trash. With the increasing stream of solid
waste, these cells are filling quickly and are requiring more cells to be
prepared. The construction of this new, larger cell will allow enough room
to meet our incoming stream needs before we reach capacity on the current
cells. Once the newly constructed cell is approved by Georgia
Environmental Protection Division to receive trash the current construction
schedule allows us adequate time to select loads of trash that meet the rather
stringent criteria for placement on the floor of the cell. These items must be
chosen and placed carefully to form the floor so that the drainage layers and
liner are protected from punctures or damage. The Solid Waste Department
received nine proposals in response to RFP #08-182, Deans Bridge Road
MSW Landfill Phase III, Stage 2, Cell 1 GCCS Construction. Two of the
nine were considered to be “noncompliant” due to a lack of notary
validation and missing license information. The remaining seven proposals
were evaluated in accordance with Procurement Department Requirements,
and Cooper, Barnette & Page, Inc. provided the lowest cost bid in addition
to having the highest score in the RFP review process.
Financial Impact:
Adequate funds are available for the amount of $12,355,322.58 which
Cover Memo
Item # 23
includes $10,497,926.27 for construction; 5% or $524,896.31 for project
contingency; and an additional $1,332,500 for additional project
enhancements as requested and included in the RFP.
Alternatives:1. Recommend awarding the contract to Cooper, Barnette, & Page. 2. Do
not approve the award and limit the landfill’s current life to the space
remaining in the active cell.
Recommendation:Recommend Alternative 1
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 23
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Attachment number 1
Page 1 of 2
Item # 23
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Attachment number 1
Page 2 of 2
Item # 23
P:\Governmental\G003-Augusta-Richmond County\106-Standby Engineering\Stage 2, Cell 1 and Stage 1, Cell 1 GCCS\Bidding\CBP tab 6 summary 12-1-2008.docx
December 1, 2008
Mr. Mark Johnson
Augusta Richmond County
4330 Deans Bridge Road
Blythe, Georgia 30805
RE:
Deans Bridge Road MSW Landfill
Phase 3, Stage 2, Cell 1 Construction and Stage 1, Cell 1 GCCS
RFP # 08-182
Dear Mr. Johnson,
As part of their proposal for the referenced project, Cooper Barnette and Page, Inc.
(CBP) identified several potential project enhancements. We have completed our
review of these items and also discussed each in detail with Bruce Page of CBP
during a November 12, 2008 meeting as well as several subsequent telephone
conversations. The purpose of this letter is to clarify the intent and impact of each
item as noted below. Should the City award the contract to CBP, the following items
would be added to Appendix C as well as other pertinent areas of the Contract
Documents.
1. CBP agrees to construct a roadbed and adjacent ditch on the north and west
side of Phase 2C at the approximate elevation of the anchor trench at the
same unit rates for excavation and structural fill as identified in the proposal.
No additional costs will be allowed for additional clearing or grubbing. The
total expected addition to the contract would be approximately $127,500
(150,000 CY of structural fill at $0.85 per CY)
2. Stockpiling of clay that could be used for future closure of Phase 2C can be
accomplished below pond B, above Phase 3, Stage 1, Cell 2A or adjacent to
Phase 2C at no additional cost to the project. The only material to be
stockpiled here will be as approved by the construction administrator.
3. CBP has agreed to a project credit of $0.22 per SF for 18” select backfill and
$0.08 per SF of 6-inch sub base for areas that do not require bentonite
admixing or additional excavation beyond the project limits.
4. CBP has agreed to construct a safety berm at the Sherriff’s range at no
additional project costs.
Attachment number 2
Page 1 of 2
Item # 23
December 1, 2008
Page 2 of 2
5. Because the quantity of fill material to be placed in stockpile A is assumed to
be less than the allowed amount per the bid documents, the excavation unit
rate will be revised to $1.88 per CY. Additionally, CBP has agreed to a unit
rate for placement of excavation materials in stockpile area C of $2.73 per
CY. Given a potential additional 1,300,000 CY to stockpile area C, the
additional project cost could be $1,200,000.
6. Given items 1, 3 and 6 above, we recommend an additional $5,000 be added
to Cash Allowance item 11.a of Appendix C.
Based on these items, the potential total additional contract amount could be
$1,332,500. Please call if you have any questions or need additional information.
Sincerely,
ATLANTIC COAST CONSULTING, INC.
Robert Brown, P.E.
Project Manager
cc: file
Attachment number 2
Page 2 of 2
Item # 23
Attachment number 3
Page 1 of 1
Item # 23
Attachment number 4
Page 1 of 3
Item # 23
Attachment number 4
Page 2 of 3
Item # 23
Attachment number 4
Page 3 of 3
Item # 23
Attachment number 5
Page 1 of 2
Item # 23
Attachment number 5
Page 2 of 2
Item # 23
Attachment number 6
Page 1 of 3
Item # 23
Attachment number 6
Page 2 of 3
Item # 23
Attachment number 6
Page 3 of 3
Item # 23
Attachment number 7
Page 1 of 2
Item # 23
Attachment number 7
Page 2 of 2
Item # 23
Attachment number 8
Page 1 of 2
Item # 23
Attachment number 8
Page 2 of 2
Item # 23
Commission Meeting Agenda
12/16/2008 2:00 PM
Condemnation - 50202 Horsepen SS Phase 2 3840 New Karleen Road
Department:Attorney
Caption:Motion to authorize condemnation to acquire title of a portion of property
for permanent and temporary easements for the AUD 50202 Horsepen
Sanitary Sewer, Phase 2 Project, Parcel 13, Tax Map 139-0, Parcel 141,
3840 New Karleen Road. (Approved by Engineering Services Committee
December 8, 2008)
Background:The City has been unable to reach an agreement with the owners. In order to
proceed and avoid further delays, it is necessary to condemn a portion of
subject property. The required property consists of a total of 3,083 square
feet of permanent utility and maintenance easement (2,083 sq. ft) and a
temporary construction easement (1,000 sq. ft.). The appraised value of the
required property is $546.00.
Analysis:Condemnation is necessary in order to acquire the required property.
Financial Impact:The necessary costs will be covered under the project budget
Alternatives:Deny condemnation.
Recommendation:Approve condemnation.
Funds are Available in
the Following
Accounts:
50202 Horsepen Sanitary Sewer, Phase 2 510043420-5411120/80250202-
5411120
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 24
Attachment number 1
Page 1 of 1
Item # 24
Commission Meeting Agenda
12/16/2008 2:00 PM
Condemnation - Alexander Drive - 1035 Alexander Drive, Century Hills Partners
Department:Attorney
Caption:Motion to authorize condemnation to acquire title of a portion of property
for right-of-way and permanent easement on the Alexander Drive Project
Parcel 34, Tax Map 013, Parcel 001. (Approved by Engineering Services
Committee December 8, 2008)
Background:The City has been unable to reach an agreement with the owner to purchase
the required right-of-way and permanent easement. In order to proceed and
avoid further delays, it is necessary to condemn a portion of subject
property. The required property consists of 0.113 acre (4938.09 sq. ft.) of
right-of-way; 0.170 acre (7,390.18 sq. ft.) of permanent easement. The
appraised value of the right-of-way and permanent easement is $57,000.00.
Analysis:Condemnation is necessary in order to acquire the required property.
Financial Impact:The necessary costs will be covered under the project budget.
Alternatives:Deny condemnation.
Recommendation:Approve condemnation.
Funds are Available in
the Following
Accounts:
323041110 - 5411120 296823215 - 5411120
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 25
Commission Meeting Agenda
12/16/2008 2:00 PM
Condemnation - Alexander Drive Project Parcel 51 2815 Brickrun Way
Department:Attorney
Caption:Motion to authorize condemnation to acquire title of a portion of property
for right-of-way and a permanent easement for the Alexander Drive Project,
Parcel 51, Tax Map 013-1, Parcel 252, 2815 Brickrun Way. (Approved by
Engineering Services Committee December 8, 2008)
Background:The City has been unable to reach an agreement with the owners. In order to
proceed and avoid further delays, it is necessary to condemn a portion of
subject property. The required property consists of 0.011 acre (479.98 sq.
ft.) of right-of-way and 0.005 acre (209.97 sq. feet) of permanent
easement. The appraised value is $28,700.00.
Analysis:Condemnation is necessary in order to acquire the required property.
Financial Impact:The necessary costs will be covered under the project budget.
Alternatives:Deny condemnation.
Recommendation:Approve condemnation.
Funds are Available in
the Following
Accounts:
323041110 - 5411120 296823215 - 5411120
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 26
Item # 26
Item # 26
Commission Meeting Agenda
12/16/2008 2:00 PM
Condemnation - AUD Horsepen Phase 2 Project - Harmon, et al
Department:Attorney
Caption:Motion to authorize condemnation to acquire title of a portion of property
for permanent and temporary easements for the AUD 50202 Horsepen
Sanitary Sewer, Phase 2 Project, Tax Map 140, Parcel 212, 3748 Pinnacle
Place Drive. (Approved by Engineering Services Committee December
8, 2008)
Background:The City has been unable to finalize the purchase due to title issues. In order
to proceed and avoid further delays, it is necessary to condemn a portion of
subject property. The required property consists of 1,628 square feet of
permanent utility and maintenance easement and 1,629 square feet of
temporary construction easement. The appraised value is $635.00.
Analysis:Condemnation is necessary in order to acquire the required property
Financial Impact:The necessary costs will be covered under the project budget.
Alternatives:Deny condemnation.
Recommendation:Approve condemnation.
Funds are Available in
the Following
Accounts:
50202 Horsepen Sanitary Sewer, Phase 2 510043420-5411120/80250202-
5411120
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 27
Item # 27
Commission Meeting Agenda
12/16/2008 2:00 PM
Condemnation Alexander Drive Project 13 1085 Alexander Drive Goebelt, et al
Department:Attorney
Caption:Motion to authorize condemnation to acquire title of a portion of property
for right-of-way, permanent and temporary easements for the Alexander
Drive Project, Parcel 13, Tax Map 012, Parcel 75, 1085 Alexander Drive.
(Approved by Engineering Services Committee December 8, 2008)
Background:The City has been unable to reach an agreement with the owners. In order to
proceed and avoid further delays, it is necessary to condemn a portion of
subject property. The required property consists of 0.066 acre (2,855.92 sq.
ft.) of right-of-way, 0.091 acre (3,976.07 sq. feet) of permanent easement
and one temporary driveway easement. The appraised value is $10,200.00.
Analysis:Condemnation is necessary in order to acquire the required property.
Financial Impact:The necessary costs will be covered under the project budget.
Alternatives:Deny condemnation.
Recommendation:Approve condemnation.
Funds are Available in
the Following
Accounts:
323041110 - 5411120 296823215 - 5411120
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 28
Commission Meeting Agenda
12/16/2008 2:00 PM
Condemnation Alexander Drive Project Parcel 7 Tax Map 013-1, Parcel 107, 2503 Carriage Creek
Department:Attorney
Caption:Motion to authorize condemnation to acquire title of a portion of property
for temporary demotion for the Alexander Drive Project, Parcel 7, Tax Map
013-1, Parcel 107, 2503 Carriage Creek, Augusta. (Approved by
Engineering Services Committee December 8, 2008)
Background:The City has been unable to reach an agreement with the owners. In order
to proceed and avoid further delays, it is necessary to condemn a portion of
subject property. The required property consists of frame house; 0.111 acre
(4820.80 sq. ft.) of temporary demolition easement. The appraised value is
$149,000.00.
Analysis:Condemnation is necessary in order to acquire the required property.
Financial Impact:The necessary costs will be covered under the project budget
Alternatives:Deny condemnation.
Recommendation:Approve condemnation.
Funds are Available in
the Following
Accounts:
323041110 - 5411120 296823215 - 5411120
REVIEWED AND APPROVED BY:
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 29
Commission Meeting Agenda
12/16/2008 2:00 PM
Deed of Easement Dedication to the Augusta Utilities Department
Department:Augusta Utilities Department
Caption:Motion to approve a Deed of Easement Dedication from Augusta, Georgia
to the Augusta Utilities Department, across eleven properties within the
green space corridor of Butler Creek off Phinizy Road and between Mike
Padgett Highway and Peach Orchard Road. (Approved by Engineering
Services Committee December 8, 2008)
Background:The Augusta Utilities Department is in the process of acquiring easements
for the Butler Creek Interceptor Upgrade - East, Project #60107. This
project will replace the sanitary sewer pipeline from Plant Messerly to
Lexington Drive. In order to construct the pipeline, AUD will need a utility
corridor across eleven properties owned by Augusta, Georgia. These
properties are part of what will become the trail system between
Meadowbrook Elementary School and Phinizy Swamp Nature Park. They
are managed, under a Conservation Easement, by the Central Savannah
River Land Trust.
Analysis:Construction of the pipeline has been discussed with the Central Savannah
River Land Trust, which is joining in the granting of the Deed of Easement
Dedication. The approval of the Deed is being sought so that the Deed may
be recorded in the realty records of the Superior Court of Richmond County,
Georgia, thereby creating a record, and history, of the pipelinie this is more
easily accessible to the public.
Financial Impact:None
Alternatives:Do not approve the Deed of Easement Dedication. Since the properties
belong to Augusta, Georgia, it is not mandatory that a Deed be recorded.
Information on the sanitary sewer pipeline can be obtained by viewing the
design plans located in the Augusta Utilities Department.
Recommendation:Approve the Deed of Easement Dedication from Augusta, Georgia to the
Augusta Utilities Department across eleven properties within the green
space corridor of Butler Creek, off Phinizy Road, and between Mike Padgett
Highway and Peach Orchard Road.
Funds are Available in
the Following
Accounts:
511043420-5411120 80360107-5411120 Cover Memo
Item # 30
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 30
After recording, please return to:
The Augusta Utilities Dept.
360 Bay Street, Suite 180
Augusta, GA 30901
(706) 312-4143
STATE OF GEORGIA
COUNTY OF RICHMOND
DEED OF EASEMENT DEDICATION
PARCEL IDENTIFICATION NUMBER: 132-0-069-00-0 ADDRESS: Rosier Road
PARCEL IDENTIFICATION NUMBER: 132-0-070-00-0 ADDRESS: Rosier Road
PARCEL IDENTIFICATION NUMBER: 132-0-071-00-0 ADDRESS: Rosier Road
PARCEL IDENTIFICATION NUMBER: 132-0-279-00-0 ADDRESS: Peach Orchard Road
PARCEL IDENTIFICATION NUMBER: 132-0-280-00-0 ADDRESS: Peach Orchard Road
PARCEL IDENTIFICATION NUMBER: 132-0-282-00-0 ADDRESS: Peach Orchard Road
PARCEL IDENTIFICATION NUMBER: 132-3-018-00-0 ADDRESS: Windsor Spring Road
PARCEL IDENTIFICATION NUMBER: 133-3-125-00-0 ADDRESS: Peach Orchard Road
PARCEL IDENTIFICATION NUMBER: 143-0-425-00-0 ADDRESS: Tobacco Road
PARCEL IDENTIFICATION NUMBER: 144-0-021-00-0 ADDRESS: 1812 Phinizy Road
PARCEL IDENTIFICATION NUMBER: 144-0-061-01-0 ADDRESS: Peach Orchard Road
WHEREAS, Augusta, Georgia is the owner of certain tracts of land described as
referenced above; and
WHEREAS, the Augusta Utilities Department desires to record Permanent Utility
Easements across these tracts for the purpose of installing a sanitary sewer pipeline, said pipeline being
known as the Butler Creek Interceptor Upgrade East; and
WHEREAS, Augusta desires to dedicate these easements for the use of the Augusta
Utilities Department;
NOW, THEREFORE, THIS INDENTURE, made and entered into this ____ day of
__________, 2008, by Augusta, Georgia, a political subdivision of the State of Georgia, hereinafter
referred to as Party of the First Part, to and for the use and benefit of the Augusta Utilities Department, a
department of Augusta, Georgia, as Party of the Second Part;
W I T N E S S E T H:
The Party of the First Part, in consideration of the public benefit to be derived by Augusta and its
citizens and for valuable consideration, the receipt and sufficiency of which hereby acknowledged, has
Attachment number 1
Page 1 of 6
Item # 30
granted, bargained, sold and conveyed, and be these presence does hereby grant, bargain, sell and convey
unto Party of the Second Part the following tracts or parcels of land located in Augusta, Georgia:
TO WIT
132-0-069-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing 8,586
square feet (0.20 acre), as shown on a plat prepared for the Augusta-Richmond County Commission, by
W. R. Toole Engineers, Inc., marked “Sheet #48” and “Sheet #49”, dated August 22, 2007, attached
hereto and made a part hereof, to which reference is made for a more accurate and complete description
of the metes, bounds and courses, and being for the purpose of accessing, laying, relaying, replacing,
adding, installing, expanding, extending, operating, repairing and maintaining pipelines transporting and
carrying utility services. Also, a temporary construction easement, as shown on said plat, containing
7,105 square feet (0.16 acre).
132-0-070-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing
36,340 square feet (0.83 acre), as shown on a plat prepared for the Augusta-Richmond County
Commission, by W. R. Toole Engineers, Inc., marked “Sheet #44,” “Sheet #45,” “Sheet #46,” “Sheet
#47,” and “Sheet #48”, dated August 22, 2007, attached hereto and made a part hereof, to which reference
is made for a more accurate and complete description of the metes, bounds and courses, and being for the
purpose of accessing, laying, relaying, replacing, adding, installing, expanding, extending, operating,
repairing and maintaining pipelines transporting and carrying utility services. Also, a temporary
construction easement, as shown on said plat, containing 14,549 square feet (0.33 acre).
132-0-071-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing
42,517 square feet (0.98 acre), as shown on a plat prepared for the Augusta-Richmond County
Commission, by W. R. Toole, Inc., marked “Sheet #40,” “Sheet #41,” “Sheet #42,” and “Sheet #43,”
dated August 22, 2007, attached hereto and made a part hereof, to which reference is made for a more
accurate and complete description of the metes, bounds and courses, and being for the purpose of
accessing, laying, relaying, replacing, adding, installing, expanding, extending, operating, repairing and
maintaining pipelines transporting and carrying utility services. Also, a temporary construction easement,
as shown on said plat, containing 9,203 square feet (0.20 acre).
132-0-279-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing
27,356 square feet (0.63 acre), as shown on a plat prepared for the Augusta-Richmond County
Attachment number 1
Page 2 of 6
Item # 30
Commission, by W. R. Toole, Inc., marked “Sheet #43,” and “Sheet #44,” dated August 22, 2007,
attached hereto and made a part hereof, to which reference is made for a more accurate and complete
description of the metes, bounds and courses, and being for the purpose of accessing, laying, relaying,
replacing, adding, installing, expanding, extending, operating, repairing and maintaining pipelines
transporting and carrying utility services. Also, a temporary construction easement, as shown on said
plat, containing 4,181 square feet (0.10 acre).
132-0-280-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing 681
square feet (0.02 acre), as shown on a plat prepared for the Augusta-Richmond County Commission, by
W. R. Toole, Inc., marked “Sheet #39,” and “Sheet #40,” dated August 22, 2007, revised August 19,
2008, attached hereto and made a part hereof, to which reference is made for a more accurate and
complete description of the metes, bounds and courses, and being for the purpose of accessing, laying,
relaying, replacing, adding, installing, expanding, extending, operating, repairing and maintaining
pipelines transporting and carrying utility services. Also, a temporary construction easement, as shown
on said plat, containing 267 square feet (0.01 acre).
132-0-282-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing
12,073 square feet (0.28 acre), as shown on a plat prepared for the Augusta-Richmond County
Commission, by W. R. Toole, Inc., marked “Sheet #38,” and “Sheet #39,” dated August 22, 2007,
attached hereto and made a part hereof, to which reference is made for a more accurate and complete
description of the metes, bounds and courses, and being for the purpose of accessing, laying, relaying,
replacing, adding, installing, expanding, extending, operating, repairing and maintaining pipelines
transporting and carrying utility services. Also, a temporary construction easement, as shown on said
plat, containing 4,937 square feet (0.11 acre).
132-3-018-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing
13,308 square feet (0.31 acre), as shown on a plat prepared for the Augusta-Richmond County
Commission, by W. R. Toole, Inc., marked “Sheet #48,” “Sheet #49,” and “Sheet #50,” dated August 22,
2007, attached hereto and made a part hereof, to which reference is made for a more accurate and
complete description of the metes, bounds and courses, and being for the purpose of accessing, laying,
relaying, replacing, adding, installing, expanding, extending, operating, repairing and maintaining
Attachment number 1
Page 3 of 6
Item # 30
pipelines transporting and carrying utility services. Also, a temporary construction easement, as shown
on said plat, containing 10,755 square feet (0.25 acre).
133-3-125-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing
12,700 square feet (0.29 acre), as shown on a plat prepared for the Augusta-Richmond County
Commission, by W. R. Toole, Inc., marked “Sheet #36,” and “Sheet #37,” dated August 22, 2007,
attached hereto and made a part hereof, to which reference is made for a more accurate and complete
description of the metes, bounds and courses, and being for the purpose of accessing, laying, relaying,
replacing, adding, installing, expanding, extending, operating, repairing and maintaining pipelines
transporting and carrying utility services. Also, a temporary construction easement, as shown on said
plat, containing 4,692 square feet (0.11 acre).
143-0-425-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing 3,465
square feet (0.08 acre), as shown on a plat prepared for the Augusta-Richmond County Commission, by
W. R. Toole, Inc., marked “Sheet #37,” and “Sheet #38,” dated August 22, 2007, attached hereto and
made a part hereof, to which reference is made for a more accurate and complete description of the metes,
bounds and courses, and being for the purpose of accessing, laying, relaying, replacing, adding, installing,
expanding, extending, operating, repairing and maintaining pipelines transporting and carrying utility
services. Also, a temporary construction easement, as shown on said plat, containing 995 square feet
(0.02 acre).
144-0-021-00-0: A permanent maintenance, access and utility easement, in perpetuity, containing 7,721
square feet (0.18 acre), as shown on a plat prepared for the Augusta-Richmond County Commission, by
W. R. Toole Engineers, Inc., marked “Sheet #22,” “Sheet #24,” “Sheet #25,” “Sheet #26,” and “Sheet
#26A”, dated August 22, 2007, attached hereto and made a part hereof, to which reference is made for a
more accurate and complete description of the metes, bounds and courses, and being for the purpose of
accessing, laying, relaying, replacing, adding, installing, expanding, extending, operating, repairing and
maintaining pipelines transporting and carrying utility services. Also, a temporary construction easement,
as shown on said plat, containing 10,924 square feet (0.25 acre).
144-0-061-01-0: A permanent maintenance, access and utility easement, in perpetuity, containing 769
square feet (0.02 acre), as shown on a plat prepared for the Augusta-Richmond County Commission, by
Attachment number 1
Page 4 of 6
Item # 30
W. R. Toole Engineers, Inc., marked “Sheet #37,” dated August 22, 2007, attached hereto and made a
part hereof, to which reference is made for a more accurate and complete description of the metes, bounds
and courses, and being for the purpose of accessing, laying, relaying, replacing, adding, installing,
expanding, extending, operating, repairing and maintaining pipelines transporting and carrying utility
services. Also, a temporary construction easement, as shown on said plat, containing 1,317 square feet
(0.03 acre).
THE PARTY OF THE FIRST PART does also grant unto the Party of the Second Part,
its successors and assigns, the right, but not the duty, to clear, and keep clear, all trees, undergrowth and
other obstructions from said permanent easements, along with the free right of ingress and egress to and
from said permanent easements for all purposes stated in this instrument.
THE PARTY OF THE FIRST PART, its successors, heirs, assigns and legal
representatives, after the completion of this pipeline, shall have the right to use said parcel of land in any
manner not inconsistent or interfering with the rights herein granted, excluding, however, the right to
plant thereon any trees or other vegetation that may interfere with the accessing, laying, relaying, adding,
installing, expanding, extending, operating, repairing and maintaining of pipelines transporting and
carrying utility services and the right to erect, construct or maintain thereon any buildings, structures, or
other permanent improvements.
TO HAVE AND TO HOLD the aforesaid rights, ways, easements, privileges and
appurtenances unto the Party of the Second Part, its successors and assigns, in perpetuity.
IN WITNESS WHEREOF, the Party of the First Part causes this instrument to be
executed the day and year first above written.
AUGUSTA, GEORGIA
_________________________ By: ________________________
Witness As its Mayor
ATTEST:
By: ________________________
_________________________ As its Clerk
Notary Public Richmond County, Georgia
My Commission Expires: _________________
(SEAL)
Attachment number 1
Page 5 of 6
Item # 30
Comes now Central Savannah River Land Trust, Inc., who joins in the granting of this Easement Deed, to
release its interest in and to the easement parcels, by virtue of a Deed of Easement Conservation, from
Augusta, Georgia, to Central Savannah River Land Trust, Inc., dated September 1, 2006, and recorded in
the Office of the Clerk of the Superior Court of Richmond County, Georgia, on Realty Reel 01084, Pages
0723-0734.
CENTRAL SAVANNAH RIVER
LAND TRUST, INC.
_________________________ By: ________________________
Witness Jeb Murray
As Its Chairman
ATTEST:
By: ________________________
_________________________ Hazel Langrell
Notary Public As Its Secretary
Richmond County, Georgia
My Commission Expires: _________________
(SEAL)
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Commission Meeting Agenda
12/16/2008 2:00 PM
Goodrich St. Raw Water Pumping Station Change Order #1
Department:Utilities
Caption:Motion to authorize execution of Change Order #1 in an amount not to
exceed $ 448,779.00 to Crowder Construction for additional work at the
Goodrich Street Raw Water Pumping Station. (Approved by Engineering
Services Committee December 8, 2008)
Background:In February of 2008, the Augusta Commission awarded a contract to
upgrade the existing Goodrich Street Raw Water Pumping Station. The
project included the addition of two large diesel driven pumps and the open
bay for a future electric pump at the Raw Water Pumping Station on
Goodrich St. These diesel and electric pumps will have the capability of
pumping raw water from either the Augusta Canal or the Savannah River.
The proposed change order includes canal repairs, deletion of monorails
from the existing contract, extending the tunnel limits under the railroad
tracks to comply with CSX requirements, and modifying the canal intake for
the new pump station to comply with revisions requested by FERC.
Analysis:With the proposed draining of the Augusta Canal for the purposes of this
project, AUD wanted to take advantage of this opportunity to do some
additional work. The Augusta Commission authorized AUD to implement
the canal embankment repairs as recommended in a report prepared by
Cranston Engineering Group in July 2007.
Financial Impact:Funds for the change order are included in Bond Fund, under account
number 507043410-5425110/80320115-5425110.
Alternatives:No alternatives are recommended.
Recommendation:We recommend the Commission authorize the execution of Change Order
#1 in an amount not to exceed $448,779.00 to Crowder Construction for
additional work at the Goodrich Street Raw Water Pumping Station.
Funds are Available in
the Following
Accounts:
507043410-5425110 80320115-5425110
REVIEWED AND APPROVED BY:Cover Memo
Item # 31
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 31
Commission Meeting Agenda
12/16/2008 2:00 PM
Motion to Approve CSX-059412 Facility Encroachment Agreement
Department:Augusta Utilities Department
Caption:Motion to approve CSX-059412, a Facility Encroachment Agreement
between CSX Transportation, Inc. and Augusta, Georgia. (Approved by
Engineering Services Committee December 8, 2008)
Background:The Augusta Utilities Department will be constructing two water
pipelines for the Goodrich Street Raw Water Pump Station - one potable and
one raw water. In order to do this, a tunnel will have to be constructed
under a railroad track owned by CSX Transportation.
Analysis:CSX has agreed to the encroachment and have submitted their encroachment
agreement for signature.
Financial Impact:$5,000.00
Alternatives:Do not approve the facility encroachment agreement.
Recommendation:Approve the motion to approve CSX-059412 Facility Encroachment
Agreement.
Funds are Available in
the Following
Accounts:
507043410-5425110 80110250-5425110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 1 of 14 ø
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, Made and effective as of November 17, 2008, by and between
CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and AUGUSTA, GEORGIA, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Georgia, whose mailing address is 360 Bay Street, Suite 180, Augusta, Georgia 30901,
hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to construct (unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," within one single casing over, under or across property owned or controlled by
Licensor, at or near Augusta, Richmond County, Georgia, Milepost AK-463.14:
1. One (1) eight inch (8'') diameter sub-grade pipeline crossing, solely for the conveyance of
potable water, located at;
2. One (1) sixty inch (60'') diameter sub-grade pipeline crossing, solely for the conveyance of
reclaimed/non-potable water;
hereinafter, collectively, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "B,"
attached hereto and made a part hereof; other details and data pertaining to said Facilities being
as indicated on Exhibit "A," also attached hereto and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter
or change the Facilities at the Encroachment above for the term herein stated, and to remove
same upon termination.
Attachment number 1
Page 1 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 2 of 14 ø
1.2 The term Facilities, as used herein, shall include only those structures and
ancillary facilities devoted exclusively to the transmission usage above within the Encroachment,
and as shown on attached Facility Application Form and plan(s).
1.3 No additional structures or other facilities shall be placed, allowed, or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
2. ENCROACHMENT FEE; TERM:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
FIVE THOUSAND AND 00/100 U.S. DOLLARS ($5,000.00) upon execution of this
Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee
under this Agreement. In the event of a successor (by merger, consolidation, reorganization
and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Facilities or Encroachment.
2.3 This Agreement shall terminate as herein provided, but shall also terminate
upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above;
(b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to
complete installation within five (5) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part
of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's
particular industry, National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
3.2 Location and construction of Facilities shall be made strictly in accordance
with design(s) and specifications furnished to and approved by Licensor and of material(s) and
size(s) appropriate for the purpose(s) above recited.
Attachment number 1
Page 2 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 3 of 14 ø
3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at
time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
with the safe use and operation of Licensor's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use
of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities, and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licensor's safety rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising from
any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above
or from improper or incomplete repairs or maintenance to the Facilities or Encroachment.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Encroachment
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health, safety or
environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
requirements and laws of any governmental authority (State, Federal or Local) having
jurisdiction over Licensee's activities, including the location, contact, excavation and protection
regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and
State "One Call" - "Call Before You Dig" requirements.
Attachment number 1
Page 3 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 4 of 14 ø
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance of the Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of any
underground Facilities or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event
future use of Licensor's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty
(30) days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
7. FACILITY CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of the
Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
Attachment number 1
Page 4 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 5 of 14 ø
Facilities or change the Encroachment, at Licensee's expense, should such relocation or change
be necessary to comply with the minimum clearance requirements of Licensor.
7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or
any change in circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe), or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval, the terms and
conditions of this Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensor's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents) with Licensor's power lines, communication, signal or
other wires, train control system, or electrical or electronic apparatus; or (b) interference in any
manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 To the fullest extent permitted by State law (constitutional or statutory, as
amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and
against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person
whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to
or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way
connected with the construction, repair, maintenance, replacement, presence, existence,
operations, use or removal of the Facilities or any structure in connection therewith, or
restoration of premises of Licensor to good order or condition after removal, EXCEPT when
proven to have been caused solely by the willful misconduct or gross negligence of Licensor.
HOWEVER, to the fullest extent permitted by State law, during any period of actual
Attachment number 1
Page 5 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 6 of 14 ø
construction, repair, maintenance, replacement or removal of the Facilities, wherein agents,
equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability
hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of
Licensor.
9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a
result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this Section, the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of
Licensee.
9.3 To the fullest extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all
claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden
or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area,
arising from or in connection with the use of this Encroachment or resulting from leaking,
bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any
claim or liability arising under federal or state law dealing with either such sudden or nonsudden
pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c)
any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities
leakage.
9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss
which in any way may result from Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 If a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
9.7 Notwithstanding anything contained in this Agreement, the limitation of
liability contained in the state statutes, as amended from time to time, shall not limit Licensor's
ability to collect under the insurance policies required to be maintained under this Agreement.
Attachment number 1
Page 6 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 7 of 14 ø
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of
this Agreement, at its sole cost and expense, a policy of Commercial General Liability Insurance
(CGL), naming Licensor, and/or its designee, as additional insured and covering liability
assumed by Licensee under this Agreement. A coverage limit of not less than THREE
MILLION AND 00/100 U.S. DOLLARS ($3,000,000.00) Combined Single Limit per
occurrence for bodily injury liability and property damage liability is currently required as a
prudent minimum to protect Licensee's assumed obligations. The evidence of insurance
coverage shall be endorsed to provide for thirty (30) days' notice to Licensor, or its designee,
prior to cancellation or modification of any policy. Mail CGL certificate, along with agreement,
to CSX Transportation, Inc., Speed Code J180, 500 Water Street, Jacksonville, FL 32202. On
each successive year, send certificate to Speed Code C907 at the address listed above.
10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover
Licensee's contractual liability during periods of survey, installation, maintenance and continued
occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee
shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole
risk.
10.3 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with
Licensor's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee's liability under this
Agreement, but shall be security therefor.
10.5 (A) In the event Licensee finds it necessary to perform construction or
demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor; and (b) require its contractor(s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured,
written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31
11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Licensor prior to commencement of such construction or demolition. Licensor
reserves the right to demand higher limits.
(B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance
company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time
of request, the cost of adding this Encroachment, or additional construction and/or demolition
Attachment number 1
Page 7 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 8 of 14 ø
activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual
construction. This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant
to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability
arising under this Agreement, under a funded program of self-insurance, which fund will respond
to liability of Licensee imposed by and in accordance with the procedures established by law.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
11.2 If Licensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and
expense; and in such event, Licensor shall not be liable for the failure or neglect of such
watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or wire
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request
an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
Attachment number 1
Page 8 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 9 of 14 ø
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been paid in advance for any annual or other period. Upon such revocation, Licensee
shall make removal in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied; neither party, however, waiving any
third party defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
15. NOTICE:
15.1 Licensee shall give Licensor at least thirty (30) days written notice before
doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may
be given. Licensee shall provide proper notification as follows:
a. For non-emergencies, Licensee shall complete and submit Licensor's
Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904)
245-3692 and (904) 633-3450. Licensee may also scan and email a completed form to email
Attachment number 1
Page 9 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 10 of 14 ø
address: OP_Request@csx.com. A blank form, as well as additional instructions and
information, can be obtained from Licensor's web site, via web link:
http://www.csx.com/?fuseaction=general.csxp_flag.
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee
shall also call and report details of the emergency to Licensor's Rail Operations Emergency
Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's Facility(ies), the emergency phone number for
Licensee is: 706-312-4143.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o
CSXT Contract Management, J180; or at such other address as either party may designate in
writing to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession, within thirty
(30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in
part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of
such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor
may incur as a result of Licensee's failure to obtain said consent.
Attachment number 1
Page 10 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 11 of 14 ø
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands,
rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title
to any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachment(s), including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for
any length of time give rise to any right, title or interest in Licensee to said property other than
the license herein created.
17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby
expressly waives, any claim of ownership in and to any part of the Facilities.
Attachment number 1
Page 11 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 12 of 14 ø
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation of the Facilities in or on any portion of the
Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been filed or docketed against the
Encroachment or any other property of Licensor; however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither
the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the
due date, it will be subject to Licensor's standard late charge and will also accrue interest at
eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so
permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
Attachment number 1
Page 12 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 13 of 14 ø
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes
paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
19. RESERVED:
20. RESERVED:
Attachment number 1
Page 13 of 14
Item # 32
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX059412
Page 14 of 14 ø
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
Witness for Licensor: CSX TRANSPORTATION, INC.
_______________________________ By:_________________________________________
Print/Type Name:_____________________________
Print/Type Title:______________________________
Witness for Licensee: AUGUSTA, GEORGIA
_______________________________ By:_________________________________________
Who, by the execution hereof, affirms that he/she has
the authority to do so and to bind the Licensee to the
terms and conditions of this Agreement.
Print/Type Name:_____________________________
Print/Type Title:______________________________
Tax ID No.:__________________________________
Authority under Ordinance or
Resolution No._______________________________,
Dated ______________________________________.
Attachment number 1
Page 14 of 14
Item # 32
Attachment number 2
Page 1 of 3
Item # 32
Attachment number 2
Page 2 of 3
Item # 32
Attachment number 2
Page 3 of 3
Item # 32
Commission Meeting Agenda
12/16/2008 2:00 PM
Utilities Highland Avenue Filter Plant Network Hardware and Cabling
Department:Utilities, Clifford A. Goins, Interim Director
Caption:Motion to approve Proposal from Augusta IT Department to install Utilities
Highland Avenue Filter Plant Network Hardware and Cabling. (Approved
by Engineering Services Committee December 8, 2008)
Background:Utilities is currently in the process of expanding and renovating the Water
Treatment Plant on Highland Avenue. The contractor is constructing a new
filter plant building, but the contract does not provide for installation of
communications equipment. This agenda item addresses the need to provide
for that equipment.
Analysis:IT has reviewed the project and has recommended the equipment detailed in
the attached proposal. This recommendation needs to be implemented as
soon as possible in order to keep the project moving and to allow for
efficient operation of the new filter building.
Financial Impact:The cost of this project is estimated not to exceed $22,011.86, as noted on
the attached proposal. Funds are currently available in the budget as noted
below. All guidelines have been adhered to in regards to state contract
pricing.
Alternatives:1.Approve the project as recommended. 2.Do not approve the agenda item
and delay setting up telecommunications in the new filter plant building.
Recommendation:Approve the proposal from Augusta IT Department to install Utilities
Highland Avenue Filter Plant network hardware and cabling.
Funds are Available in
the Following
Accounts:
The project will be funded as follows: 506-04-3520-5311915 $ 2,945.04
506-04-3520-5316160 1,325.37 506-04-3520-5426110 17,489.50
$22,011.86
REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Cover Memo
Item # 33
Clerk of Commission
Cover Memo
Item # 33
Augusta Utilities
Highland Avenue Plant Filter Building
Network Hardware Quote
Unit
Item Funding Source Part No.Price
GE SFP, LC Connector SX
Transciever 506043520-5311915 GLC-SX-MM= $ 350.00
GE SFP, LC Connector LH/LX
Transciever 506043520-5311915 GLC-LH-SM= 696.50
1000BASE-T SFP 506043520-5311915 GLC-T= 276.50
3m LC/ST Duplex 50/125 Multimode
Fiber Patch Cable - Orange 506043520-5232119 37402 39.19
3m LC/ST LSZH Duplex 9/125 Single-
Mode Fiber Patch Cable 506043520-5232119 34628 67.19
APC Smart-UPS 2200VA USB &
Serial 120V 506043520-5316160 SUA2200 780.27
Rack ATS, 15A, 100/120V, (2)5-15 in,
(8)5-15 out 506043520-5316160 AP7750 545.10
APC UPS Network Management Card 506043520-5311915 AP9617 225.54
Catalyst 3750 48 10/100 PoE + 4 SFP
+ IPB Image 506043520-5426110 WS-C3750-48PS-S 5,946.50
Catalyst 3750 12 SFP + IPB Image 506043520-5426110 WS-C3750G-12S-S 5,596.50
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Total
Quantity Price
3 1,050.00
2 1,393.00
1 276.50
3 117.57
2 134.38
1 780.27
1 545.10
1 225.54
2 11,893.00
1 5,596.50
$ 22,011.86
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Item # 33
Commission Meeting Agenda
12/16/2008 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the Commission
held on December 2, 2008 and Special Called Meeting December 8, 2008.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 34
Commission Meeting Agenda
12/16/2008 2:00 PM
Ordinance for Identity Theft Prevention Program
Department:Clerk of Commission
Caption:Motion to approve an Ordinance to amend the Augusta Richmond County
Code; to create new Chapter 5 to Title II (Finance and Taxation) called
"Chapter 5, called "Article 1 Identity Theft Prevention Program"; to create a
new Article 2 to the new Chapter 5 called "Article 2 Treatment of Address
Discrepancies"; to comply with federal regulations relating to red flags and
identity theft; to provide for codification; to provide for severability; to
provide for an adoption date; to provide an effective date; and for other
purposes allowed by law. (Approved by the Commission December 2,
2008 - second reading)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
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Commission Meeting Agenda
12/16/2008 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:
Clerk of Commission
Cover Memo
Item # 36