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Home My WebLink About2009-01-22-Meeting Agenda Commission Meeting Agenda Commission Chamber 1/22/2009 1:00 PM INVOCATION: Reverend Sam Davis, Pastor Beulah Grove Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. Mr. Roderick Pearson. RE: Issue of automobiles being parked on the front lawns of homes Attachments B. Mr. Tim Hollobaugh. RE: Update of Citizens ADA Concerns. Attachments CONSENT AGENDA (Items 1-54) PLANNING 1. FINAL PLAT – HEATH DRIVE REALIGNMENT – S-795 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Cranston Engineering Group P.C. requesting final plat approval for Heath Drive Realignment. This roadway is located at the intersection of Berckman Road and Heath Drive. Attachments 2. Z-09-01 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Cornelius Jones 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 .23 acres and is known as 1307 Cabana Court. (Tax Map 041-1-116-00- 0) DISTRICT 3 Attachments 3. Z-09-03 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by H. Lawson Graham, on behalf of Stephen Attachments Childs, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing approximately 6.55 acres and is known as 2368 Gordon Highway. (Tax Map 067-0-010-00-0) DISTRICT 3 4. Z-09-02 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that only a double wide manufactured home on a masonry foundation may be placed on the property or those uses allowed in the R-1A zone; a petition by Christopher Price, on behalf of Joe Storey and Doris Thorpe, requesting a change of zoning from Zone R-1A (One- family Residential) to Zone R-MH (Manufactured Home Residential) affecting property containing approximately .92 acres and is known as 3508 Bullock Avenue. (Tax Map 120-0-205-00-0). DISTRICT 5 Attachments PUBLIC SERVICES 5. Motion to approve, in resolution form, support of the Georgia Transit Association’s FY 2009 Legislative Agenda. (Approved by Public Services Committee January 12, 2009) Attachments 6. Motion to approve the Letter of Agreement between the airport, Augusta Air Traffic Control, and the 94 AW. (Approved by Public Services Committee January 12, 2009) Attachments 7. Motion to approve a request for the Daniel Field Manager Job Grade change. (Approved by Public Services Committee January 12, 2009) Attachments 8. Motion to approve New Ownership Application: A. N. 08 - 58: request by Keith Douglas for an on premise consumption Liquor, Beer & Wine license to be used in connection with Club 3000 located at 1602 Gordon Hwy. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee January 12, 2009) Attachments 9. Motion to approve AvFuel Corporation as the Aviation Fuel Supplier for the airport and approval of the contract between AvFul and Augusta Regional Airport. (Approved by Public Services Committee January 12, 2009) Attachments 10. Motion to approve Bid Item 08-159A, Exterior Painting at the Old Government House to Morris Insulation for $28,300. (Approved by Public Services Committee January 12, 2009) Attachments 11. Motion to approve the contract between Otis and Augusta Regional Airport for maintenance of the two elevators in the main terminal leading to airport administration. (Approved by Public Services Committee January 12, 2009) Attachments 12. Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia from July 2009 to June 2010. (Approved by Public Services Committee January 12, 2009) Attachments 13. Motion to approve an increase in transit fares to $1.25 and transfer fare to $.50, that Saturday service not be eliminated, that a report be given to the committee in six months regarding the effect of the increases and support state legislation to allow the city to enter into an agreement either regionally and specifically in Augusta whereby a portion of the sales tax would be dedicated to transit. (Approved by Public Services Committee January 12, 2009) Attachments 14. Motion to approve the contract between W. McKellar Logging and Augusta Regional Airport for the removal of trees impeding the view of the approach end of runway 26. (Approved by Public Services Committee January 12, 2009) Attachments ADMINISTRATIVE SERVICES 15. Motion to approve an Ordinance to amend the Augusta-Richmond County Local Small Business Opportunity Program (LSBOP) Ordinance, enacted in March 2008, so as to further clarify the intent and facilitate implementation of said ordinance; to amend the Augusta-Richmond County Code of Ordinances Title 1, Article 7, Sections 1-10-61(B)(2), 1-10-61(B)(15), Section 1-10-65(A)(2), Section 1-10-65(A)(5), Section 1-10-65(A)(6), Section 1-10-65(A)(6)(A); to repeal conflicting ordinances; and for other purposes. (Approved by Administrative Services Committee January 12, 2009) Attachments 16. Motion to approve an Ordinance to amend the Augusta, Ga. Code Title One, Sections 1-4-112 and 1-4-114 thru 1-4-130 relating to the Human Relations Commission; to repeal all Code sections and Ordinances and parts of Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes as an advisory committee and reporting to the Administrator. (Approved by Administrative Services Committee January 12, 2009) Attachments 17. Motion to approve the Renewal of Temporary Employment Service Contract. (Approved by Administrative Services Committee January 12, 2009) Attachments 18. Motion to approve the reclassification of the vacant Human Resources Coordinator position to a Compensation Analyst and develop and administer a comprehensive compensation program for the employees of Augusta. (Approved by Administrative Services Committee January 12, 2009) Attachments PUBLIC SAFETY 19. Motion to approve 800Mhz User Agreement and Mobile Data User Agreement. (Approved by Public Safety Committee January 12, 2009) Attachments 20. Motion to approve a $109,250.00 increase in architectural fees to KSGW Architects for additional construction administration services associated with the construction of the Female Pod; and for the re-bid of the project. (Approved by Public Safety Committee January 12, 2009) Attachments 21. Motion to approve award of Bid Item #08-167A, Construction of Fire Administration Office Building. (Approved by Public Safety Committee January 12, 2009) Attachments 22. Motion to approve an Ordinance to amend the Augusta-Richmond County Code Title Three Sections 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-20 and 3-3-25 relating to Fire Department inspections, fee schedule and references to other Fire Prevention Codes; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Public Safety Committee January 12, 2009) Attachments 23. Motion to approve an Ordinance to amend the Augusta-Richmond County Code Title Three - Public Safety, to create a new Chapter Two, to be called "Chapter Two False Alarms"; to create a system of governance for alarm systems intended to summon a public safety response; to establish fees; to provide for penalties for violations; to establish a system of administration for alarm systems; to set conditions for suspensions; to repeal all code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Public Safety Committee January 12, 2009) Attachments 24. Motion to approve recommendation for awarding Bid Item #08-211, Paving of the AFD Training Center. (Approved by Public Safety Committee January 12, 2009) Attachments 25. Motion to approve recommendation for awarding Bid Item# 08-200, 100 Ft. Aerial Platform. (Approved by Public Safety Committee January 12, 2009) Attachments FINANCE 26. Motion to approve the purchase of 12 Compact Pickup Trucks for Inspectors of Inspections Department (License and Inspections Department). (Approved by Finance Committee January 12, 2009) Attachments 27. Motion to approve a request from Alpha Phi Alpha Fraternity, Inc. regarding city sponsorship through the purchase of tickets for the 12th Annual Rev. Dr. Martin Luther King, Jr. Unity Breakfast. (Approved by Finance Committee January 12, 2009) Attachments 28. Motion to approve allowing Mr. Dennis Myers to make payment of his tax bill in two payments. (Approved by the Finance Committee January 12, 2009) Attachments 29. Motion to approve correction of 2008 contract for EMS services by Gold Cross due to a typographical error. (Approved by Finance Committee January 12, 2009) Attachments 30. Motion to approve authorization for Historic Augusta, Inc. to prepare and submit a 2009 Historic Preservation Fund Grant Application on behalf of the City of Augusta in order to complete phase two of a historic resources survey of the Harrisburg-West End Historic District. (Approved by Finance Committee January 12, 2009) Attachments 31. Motion to increase the budget for CDBG Code Enforcement Grant from $50,000 to $84,375. (Approved by Finance Committee January 12, 2009) Attachments 32. Motion to approve refund request from A-1 Sanitation Service Inc. for January, 2009. (Approved by Fnance Committee January 12, 2009) Attachments 33. Motion to approve a request from L.P.B. Properties regarding a refund of taxes in the amount of $13,868.45 and penalty in the amount of $8,019.41 for property located at 2531 Center West Parkway in the total amount of $21,887.86. (Approved by Finance Committee January 12, 2009) Attachments 34. Motion to approve property insurance coverage for 2009 offered through Affilliiated FM Insurance for a premium of $266,457 on a $50,000 deductible policy ($100,000 deductible on flood and earth movement). Breakdown on premium quote: $248,957 property coverage, $10,000 engineering fee and $7,500 terrorism coverage. (Approved by Finance Committee January 12, 2009) Attachments 35. Motion to approve a request from Ms. Teresa L. Tuten of Teresa's Treasures for a refund of interest in the amount of $129 and accept the penalty regarding her 2007 taxes. business. (Approved by Finance Committee January 12, 2009) Attachments 36. Motion to approve reimbursement of Federal Funds to HCD for the appraised value of 1328 Baker Ave(Transition Ctr). (Approved by Finance Committee January 12, 2009) Attachments ENGINEERING SERVICES 37. Motion to award bid to L-J, Inc., (Low Bidder) in the amount of $123,950 for the removal of 520' x 60" failed corrugated metal pipe (CMP). The failed CMP will be replaced with HDPE. Request that this project be approved under emergency conditions due to the enormous cave-in that has occurred. Contractor has been given a "Notice to Proceed" under emergency conditions. (Approved by Engineering Services Committee January 12, 2009) Attachments 38. Motion to authorize condemnation to acquire title of a portion of property for a right- of-way consisting of 8312.22 square feet, a permanent construction easement of 14406.26 square feet, site improvements (asphalt, concrete and light pole) and cost to repair landscaping, parking and damages to sign for the Alexander Drive Project. A temporary driveway easement is necessary. The total appraised value is $407,200.00. Project Parcel 1 (Tax Map 013-3, Parcel 011-03), 2745 Washington Road. (Approved by Engineering Services Committee January 12, 2009) Attachments 39. Motion to provide authorization to Potts Construction Company to award Bid Package #3, in the amount of $7,102,179.00, which includes Building Foundations and Concrete Frame for the new Judicial Center. (Approved by Engineering Servcies Committee January 12, 2009) Attachments 40. Motion to approve proposal from Graves Engineering, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center. (Approved by Engineering Services Committee January 12, 2009) Attachments 41. Motion to approve Revised Proposal from ATC Associates, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center, reducing their Role and Fee to Provide for Local Participation. (Approved by Engineering Services Committee January 12, 2009) Attachments 42. Motion to approve the selection of the courtrooms on the second floor of the Municipal Building as a new location for the Commission Chambers. (Approved by Attachments Engineering Services Committee January 12, 2009) 43. 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. (Approve by Engineering Services Committee January 12, 2009) Attachments 44. Motion to approve design contract to James G. Swift & Associates in the amount of $101,300.00 for the Fort Gordon Replacement of the Water Distribution System in the vicinity of Eisenhower Hospital. (Approved by Engineering Servcies Committee January 12, 2009) Attachments 45. Motion to approve an amount of $30,000.00 to provide construction materials for Eisenhower Emergency Driveway. Funding is available in SPLOST Phase 2 Recapture Account number 326-041110-288811333 as requested by the Engineering Department. (Approved by Engineering Services Committee January 12, 2009) Attachments 46. Motion to approve Phase II of the Engineering Department Reorganization to provide a more efficient structure and increase productivity. (Approved by Engineering Services Commmittee January 12, 2009) Attachments 47. Motion to approve relocation of the "Lady Justice" statue behind the Municipal Building to the new Judicial Center. (Approved by Engineering Services Committee January 12, 2009) Attachments 48. Motion to approve CPB #323-041110-296823665 Change Number Four in the amount of $4,426,497.96 with funding of $1,190,849.00 from SPLOST Phase III, and $215,649.00 from SPLOST Phase III for Project Construction. Also approve award of Construction Contract to Mabus Brothers Construction, Co., Inc. in the amount of $4,426,497.96 for the Morgan Road Improvement Project, subject to receipt of a detailed project schedule, a contractor’s project team approved by the Engineering Department, a traffic control plan, a staging plan, a detail plan and method approved by the Engineering Department for constructing the proposed Concrete Box Culvert, signed contract(s), and proper bonds. (Approved by Engineering Services Committee January 12 2009) Attachments 49. Motion to approve CSX-617059 Encroachment Agreement between CSX Transportation, Inc. and Augusta, Georgia. (Approved by Engineering Servcies Committee January 12,2009) Attachments 50. Motion to approve two-year lease (with option to renew two additional years) for 360 Bay Street for continued use of Utilities Operations at this location. (Approved by Engineering Services Committee January 12, 2009) Attachments 51. Motion to grant and convey to Georgia Power an easement for installation of an underground electrical distribution line through property owned by the City at Fenwick Street, Tenth Street, Talcot St. and James Brown Blvd. in relation to Augusta’s Judicial Center project for a nominal value of $10.00. (Approved by Engineering Services Committee January 12, 2009) Attachments 52. Motion to authorize the Engineering Department to approve Supplemental Agreement Number Four and Change Number Five with Jordan, Jones & Goulding (JJG) in the amount of $142,177 which will allow the erosion control plans to be updated in accordance with the State of Georgia EPD guidelines that became effective August 1, 2008, for adjustments to the bridge foundation investigation schedule and fee, and for the addition of Underground Storage Tank/Hazardous Waste Site investigations for the Windsor Spring Road improvement projects, phase IV & V, CPB #323-04-299823766 & 323-04-299823786. Funds are available in SPLOST Phase III in the Windsor Spring Road Phase IV project right of way account. Funds from the Phase IV project right of way account will be transferred in the amount of $71,088.50 to each project engineering account (Approved by Engineering Services Committee January 12, 2009) Attachments 53. Motion to approve a resolution to send to the Georgia Department of Transportation (GDOT) to support the realignment of Barton Chapel Road to the east so that it will be aligned opposite existing Augusta West Parkway and rescinds the resolution adopted June 19, 2001 which opposed the realignment of Augusta West Parkway and Barton Chapel Road as part of the project to improve Wrightsboro Road from Jimmie Dyess Parkway to I-520, project number 323-04-296823309. (Approved by Engineering Services Committee January 12, 2009) Attachments PETITIONS AND COMMUNICATIONS 54. Motion to approve the minutes of the regular meeting of the Commission held on January 6 and Special Called meeting held January 12, 2009. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 1/22/2009 AUGUSTA COMMISSION REGULAR AGENDA 1/22/2009 (Items 55-62) PUBLIC SERVICES 55. Motion to ratify letter authorizing the License & Inspections Department to issue a probationary Alcohol License for Sunday Sales to Limelite Cafe. Attachments FINANCE 56. Motion to approve a request from the Richmond County Health Department regarding a 15% proposed fee schedule adjustment associated with its environmental health services. (No recommendation from Finance Committee January 12, 2009) Attachments ENGINEERING SERVICES 57. Motion to ratify authorization letter to authorize Potts Construction Company to award Bid Package 2, consisting of Deep Foundation Auger Cast Piles and Pile Reinforcing, to L.G. Barcus & Sons and CMC Rebar Carolinas, thus facilitating continuation of construction of the new Judicial Center. Attachments PETITIONS AND COMMUNICATIONS 58. Motion to approve tasking the Law Department to craft a resolution in support of the National League of Cities and the Georgia Municipal Association lobbying efforts of direct funding for local infrastructure projects to be included in the anticipated feredal economic stimulus package and provide cities greater access to credit markets. (Mayor Deke Cophenhaver and Commissioner Betty Beard) Attachments APPOINTMENT(S) 59. Consider the following nominations for a four-year term for the Member-at-Large seat from the Richmond County Hospital Authority. Thomas Sizemore, Anne D. Trotter and Levi W. Hill, IV . Attachments ATTORNEY 60. Resolution of Settlement for Claim of Augusta v. Norfolk Southern Railway Company for Contribution to its Expenses of Remediation of the “Old Freight Depot Property” (511 Reynolds Street; Map 47-2 Parcel 3). Attachments Upcoming Meetings www.augustaga.gov OTHER BUSINESS 61. Motion to approve attached Resolution regarding the development and funding agreement of a Bass Pro Shop at the village at Riverwatch. (Requested by Commissioner Don Grantham) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 62. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 1/22/2009 1:00 PM Invocation Department: Caption:Reverend Sam Davis, Pastor Beulah Grove Baptist Church Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Roderick Pearson Department: Caption:Mr. Roderick Pearson. RE: Issue of automobiles being parked on the front lawns of homes Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Tim Hollobaugh Department: Caption:Mr. Tim Hollobaugh. RE: Update of Citizens ADA Concerns. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Planning Commission Department:Planning Commission Caption: FINAL PLAT – HEATH DRIVE REALIGNMENT – S-795 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Cranston Engineering Group P.C. requesting final plat approval for Heath Drive Realignment. This roadway is located at the intersection of Berckman Road and Heath Drive. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Planning Commission Department:Planning Commission Caption: Z-09-01 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by Cornelius Jones 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 .23 acres and is known as 1307 Cabana Court. (Tax Map 041-1-116-00-0) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Planning Commission Department:Planning Commission Caption: Z-09-03 - A request for concurrence with the Augusta-Richmond County Planning Commission to approve a petition by H. Lawson Graham, on behalf of Stephen Childs, requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone B-2 (General Business) affecting property containing approximately 6.55 acres and is known as 2368 Gordon Highway. (Tax Map 067-0-010-00-0) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Planning Commission Department:Planning Commission Caption: Z-09-02 – A request for concurrence with the Augusta-Richmond County Planning Commission to approve with the condition that only a double wide manufactured home on a masonry foundation may be placed on the property or those uses allowed in the R-1A zone; a petition by Christopher Price, on behalf of Joe Storey and Doris Thorpe, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-MH (Manufactured Home Residential) affecting property containing approximately .92 acres and is known as 3508 Bullock Avenue. (Tax Map 120-0-205-00-0). DISTRICT 5 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM 2009 GTA Legislative Agenda Department:Augusta Public Transit Caption:Motion to approve, in resolution form, support of the Georgia Transit Association’s FY 2009 Legislative Agenda. (Approved by Public Services Committee January 12, 2009) Background:Annually, the GTA sponsors a legislative agenda for State and Federal issues. The FY 2009 agenda was approved by the GTA and is now being sponsored as a Resolution by local governing bodies in an attempt to get transit friendly legislation passed. Analysis:Support of the agenda will strengthen public transit and assist in bringing vital transit issues to the attention of our state legislators. Financial Impact:Support of the resolution will encourage the legislators to consider issues related to Public Transit. Alternatives:Non-approval. Recommendation:Approve the Resolution. See attached resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo A RESOLUTION SUPPORTING THE GEORGIA TRANSIT ASSOCIATION’S 2009 LEGISLATIVE AGENDA WHEREAS, increased pubic investment in transit services provides the potential to create jobs and enhance business prosperity; and WHEREAS, the nation, our communities and our citizens face the risk to health and the environment that are brought on by automobile exhaust emissions; and WHEREAS, transportation is vital to the quality of life and economic well-being of the citizens of Augusta, Georgia and the State of Georgia; and WHEREAS, workers, school children, senior citizens, people with disabilities, and those unable to afford an automobile use public transportation to gain access to jobs, schools, medical facilities and other fundamental services; and WHEREAS, traffic congestion which wastes productive time can be alleviated through the increased availability and use of public transportation to gain access to jobs, schools, medical facilities and other fundamental services. WHEREAS, the Georgia Transit Association (GTA) has prepared a legislative agenda that recommends the following: 1. Alternative Transportation Revenue Sources: The need for additional financial resources for transit and other modes of transportation in Georgia remains greater than ever. The Georgia Transit Association (GTA) is an active member of the Get Georgia Moving Coalition (GGM) and joins GGM in making the following policy statement: “There is a need to create a new, coherent, and consistent transportation funding policy in Georgia. The promotion of economic development, environmental sustainability, air quality and safety underpin any successful policy.” The 2008 Georgia General Assembly built upon the work of the Joint House-Senate Transportation Funding Study Committee and came very close to passage of legislation which would allow Georgians on a regional basis to impose a sales tax upon themselves for “all transportation purposes.” In the past year GTA has joined GGM and others in advocating for some and proposing analysis of others of the following ways to provide alternative and other revenue sources for all modes of transportation. Some of these include: • A new sales tax funding mechanism that would be dedicated to providing congestion relief, improving air quality and promoting environmentally responsible economic development for all regions of the state. • Optimization of current revenue sources Attachment number 1Page 1 of 4 o Allocation of the fourth percent of the state sales tax user fee on motor fuel to all transportation purposes, including operating expenses for transit. o Examination of agreements governing the use of state-owned transportation facilities (e.g. existing leases) and dedication of revenue to appropriate transportation uses. • Innovative funding programs like concession/privatization of transportation facilities and public-private initiatives (PPI). GTA notes that while PPIs may be an option for some transit projects, they are but one of many approaches which could be employed in addressing overall transportation needs. In addition, some aspects of the PPI law do not allow transit as much flexibility as other transportation sectors. It is crucial that any new funding source for transportation be consistent with the following principles established by the Georgia Transit Association: • Purpose (use of proceeds) should include all modes of transportation, including transit; • Allow for funding of existing operations; • Supplement, not replace, existing funding; and • Provide flexibility for regions of the state to address their transportation needs GTA also joins GGM in advocating that new revenue sources have a multi-year funding basis, be able to be implemented in the short-term, and be based on a fair system of geographical return on investment. GTA urges the General Assembly to seek alternative sources of revenue to increase funding for all modes of transportation, including capital and operating support of public transit systems, both urban and rural. All necessary options which supplement but do not replace current funding should be considered, and current financing laws should be reviewed to remove any barriers to the facilitation of transit projects. 2. Transit Operating Assistance: Georgia is one of nine states that do not partner with local and federal governments to support the operation of public transportation systems. In addition, Georgia is the only one of the ten most populous states that does not provide such support. While Georgia’s transit buses and vans travel on a road system supported by the motor fuel tax, local transit systems do not have access to dedicated revenues. They must rely on local government operating subsidies, which typically are provided through local property taxes or general funds. Both urban and rural Georgia transit systems would benefit greatly from state-provided general operating assistance. Rural areas in particular would benefit from this assistance, as the rural governments often do not have the resources to provide the local operating match for general public trips. As a result, rural public health transit services are generally available only to human service agency clients. Urban transit systems- as is the case with rural transit- are struggling under the burden of the highest fuel prices ever experienced, and they continue to face funding challenges, including homeland security concerns. If Georgia were to provide operating assistance to local transit systems, it would join several southeastern states that provide such assistance, including Florida, North Carolina, South Carolina, Virginia, and Tennessee. GTA recommends that the General Assembly appropriate a permanent source of funds for operating assistance to Georgia’s rural and urban transit systems. 3. Tax Exemption from Motor Fuel Purchases by Transit Systems: Local governments in Georgia have few alternatives to the property tax for funding transit systems for capital or operational purposes. In passing HB 1035 in 2008 the General Assembly extended current law granting an exemption from taxes on Attachment number 1Page 2 of 4 motor fuel purchases by transit systems until June 30, 2010. This exemption is likewise authorized in 22 other states, thus helping transit systems to lower their operating costs. However, it would be helpful if the MFT exemption allowed Georgia’s transit systems did not “sunset” every two years. This approach would be similar to that applied to other governmental entities in Georgia (e.g. counties, municipalities and the university system) whose sales tax exemptions do not have to be periodically extended by the General Assembly. GTA requests that the General Assembly enact legislation authorizing the long-term exemption from taxes paid on motor fuel purchases by transit systems. 4. Rural and Human Services Transportation Services Coordination and Funding: Presently, local governments and at least four state agencies have a role in health and social services transportation service delivery (including transit). These agencies – the Georgia Departments of Community Health, Human Resources, Labor, and Transportation – receive nearly $200 million per year in federal grants to transport individuals who have no other means of accessing services. Currently, coordination among these agencies is primarily on an ad hoc basis. The programs under which the state agencies operate are based largely on classifications of riders, which are established by the federal agency providing the federal funds. Depending upon the program, riders may be transported for such purposes as accessing medical appointments; going to senior centers and community mental health centers; and participating in job-training activities. This lack of coordination spurred the introduction and consideration of SB 402 in the 2008 General Assembly, and it is one of the reasons the governor has shown interest in creating a rural and human services transportation coordinating council. Despite increased demand on local government and human services transportation providers, there has not been a real increase in funding for human services transportation programs in Georgia since FY 2001. Because of heavy demand and escalating costs, including high fuel prices, consumers in these programs are being encouraged to use public transit, paying regular fares, thereby putting increased pressure on transit providers. An appropriation to address the significant increase in demand and operating costs would enable human services transportation providers to better deliver the transportation services needed by their clients. GTA applauds the governor’s interest in creation of a State Rural and Human Services Transportation Coordinating Council. If the governor declines to create a Council, GTA urges the General Assembly to again introduce and to pass legislation along the lines of that considered in 2008. No matter the genesis of such an entity, GTA recommends the Council review and make recommendations on a number of issues, including the delivery and coordination of transportation services; sharing of federal funding, vehicles and facilities; allowing human service transportation contractors to apply for state insurance; and determining the feasibility of a statewide specialized transportation assistance program to relieve the pressure on local transit systems and provide human services transportation to clients who are not eligible under existing programs. GTA also urges the General Assembly to appropriate additional funds to state agencies operating human services transportation programs to assist in coping with the increasing cost of providing human services transportation, such as the increased cost of motor fuel, vehicles, insurance, and growing trip demand. 5. State Individual Income Tax Credit: In 1999, legislation was passed to give state corporate income tax credits to companies that provide certain qualified transportation fringe benefits, including the purchase of transit fare cards, to their employees. There is no such incentive for other employees-like government workers- to increase their use of transit. HB 307, which was introduced in the 2007 General Assembly, would have allowed an individual to claim a maximum of $300 as a credit on his or her individual income tax for “qualified personal mass transportation expenses.” The Get Georgia Moving Coalition has joined GTA in supporting this concept. Attachment number 1Page 3 of 4 GTA urges the reintroduction and General Assembly passage of legislation allowing a state individual income tax credit of up to $300 for persons who purchase their own transit fare cards or have other qualified personal mass transportation expenses. 6. Regional Transportation Planning and Coordination: In recent years, there has been a growing recognition of the needs of rural transit systems as well as a movement toward regionalization of transit services across the state. This is evidenced by the creation of the Transit Planning Board (TPB) in the metropolitan Atlanta area and the establishment of a regional approach to transit in some rural areas of the state by partnering with regional development centers. provide examples of how regional planning can be accomplished statewide. This regionalization of public transportation services has occurred with little to no overarching organizational framework or statewide strategy. The establishment of regional transportation planning organizations or transit districts would permit the continued beneficial trend toward regionalization in a more coordinated and organized fashion. GTA applauds the creation of the metro Atlanta Transit Planning Board and recommends that the state move toward a comprehensive, regionalized transportation planning process with the establishment of regional planning districts statewide. 7. SAFETEA-LU: Federal Appropriations for Transit: The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) was signed in 2005 and is now in effect. Its reauthorization will be considered in 2009 by Congress. A number of states, including Georgia, continue to seek federal appropriations earmarks for bus acquisition. Statewide earmarks especially benefit smaller systems that have not been able to obtain federal discretionary bus money on their own on a regular basis. In addition, several smaller urban transit systems, including some in Georgia, have transitioned into a new category serving populations of 200,000 or more and as a result, are now precluded from using federal funds for operational purposes. The reauthorization of SAFETEA-LU should address all of these issues GTA urges the Georgia Congressional Delegation to support reauthorization of SAFETEA-LU and to work for continued increases in “guaranteed funding” for transit formula programs and earmarks for Georgia transit providers in both urban and rural areas of our state. GTA also requests that the delegation support which allows smaller transit systems to use SAFETEA-LU funds for operational purposes. NOW, THEREFORE BE IT RESOLVED by the Augusta-Richmond County Commission that Augusta, Georgia, supports The 2009 Georgia Transit Association Legislative Agenda. Duly adopted this day of January, 2009. The Augusta Richmond County Commission BY: Deke Copenhaver, Mayor ATTEST: By: Clerk of Commission Attachment number 1Page 4 of 4 Commission Meeting Agenda 1/22/2009 1:00 PM 94th Air Wing Letter of Agreement Department:Augusta Regional Airport Caption:Motion to approve the Letter of Agreement between the airport, Augusta Air Traffic Control, and the 94 AW. (Approved by Public Services Committee January 12, 2009) Background:Aircraft from the 94th Air Wing perform training maneuvers, such as landings and take offs, at the airport. They have requested a letter of agreement between the airport, air traffic control tower to ensure that they do not interfere with airport operations etc.and that the airport has the necessary fire fighting personnel etc.available during their maneuvers. Analysis:This agreement will define parameters, procedures, responsibilities and coordination needed between the airport, tower and the 94 Airlift Wing aircraft so they can to perform air/landing/etc. maneuvers necessary for training purposes. Financial Impact:N/A Alternatives:Deny request Recommendation:Approve request. Funds are Available in the Following Accounts: No financial impact REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Airport Manager Job Grade Department:Daniel Field Airport Caption:Motion to approve a request for the Daniel Field Manager Job Grade change. (Approved by Public Services Committee January 12, 2009) Background:The city HR Department, at the request of the General Aviation Commission, conducted a review of the Airport Manager job description and job grade. Analysis:The HR Department recommended two items be added to the Airport Manager job description, and the job grade be increased from a 43 to a 50. The General Aviation Commission, at the November 2008 meeting, voted to approve the HR recommendations. Financial Impact:None. The job grade change will not apply to the current manager. This change will take effect with the selection of the next airport manager. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 General Aviation Commission The regular meeting of the General Aviation Commission was held at Daniel Field on Monday, November 17, 2008 at 12:00 p.m. There were present: Bill Wood, Chairman Locke McKnight, Vice-Chairman Jojo Gardon Boykin Jones Ashbury Lawton Bill Welsh Betty Tyler Randy Sasser Humphrey Peterson Absent: Don Grantham Harold Engler Kay Roland Also Present: Willis Boshears, Airport Manager Reginald Weaver, WK Dickson Becky Shealy, GAC Secretary Steve Gay, FBO Manager Chairman Wood called the meeting to order and asked for approval or amendments to the October 13, 2008 meeting minutes. Commissioner Welsh motioned to approve the minutes of the meeting held on October 13, 2008, to be accepted as submitted. Commissioner Lawton seconded the motion. The motion was unanimously approved. Chairman Wood addressed the 2009 schedule. January 19, 2009 is Martin Luther King, Jr. Day, which is a federal holiday. Normally the GAC meets on the third Tuesday of the month in January to avoid conflict with this holiday. The third Tuesday in January 2009 is the 20th. Chairman Wood also noted that the third Monday in October is the day after the Boshears SkyFest. Chairman Wood recommended moving the October meeting to the Monday prior, which would be October 12, 2009. Attachment number 2Page 1 of 3 Commissioner Lawton made a motion to change the meeting in January to Tuesday, January 20, 2009 and to change the meeting in October to Monday, October 12, 2009. Commissioner Gardon seconded the motion. The motion was unanimously approved. FBO Manager Gay gave an update on the Boshears SkyFest 2008. Gay said the cold weather on Saturday caused several people to leave early but the crowd was over 4,000 each day with 1,500-1,800 of that being kids. Gay said the Air Show Committee was very happy with the numbers despite the economic situation. The show made enough money to have a few thousand dollars to start Boshears SkyFest 2009. Gay also said that 3 scholarships were awarded at the air show: 1 full Private Pilot and 2 First Solos. Chairman Wood gave an update on the usage of the Tower Ramp. Mr. Walter Lawton of CSRA Trucking met with the Special Events Committee and agreed to pay $500 monthly for the use of the ramp effective December 1, 2008, for one year pending legal approval from the city. Commissioner Lawton made a motion to approve CSRA Trucking using the tower ramp. Commissioner Jones seconded the motion. The motion was unanimously approved. Manager Boshears told the GAC that the Family Y sent a letter of thanks for the use of the field for the outdoor picnic. Manager Boshears said that the fencing project was complete with the exception of the drive through gate. The lighting and signage will start mid-January. Commissioner Peterson told the CommisVLRQWKDWWKHUHYLHZRIWKH$LUSRUW0DQDJHU¶V job description by the City HR Department showed a need in pay increase. The current job grade is a 43 and the Personnel Committee would like to see this position at a job grade 50, which means an increase in the pay range. Peterson said that a survey of salaries of airport managers in the area was performed and the increase would be comparable. Peterson also stated that it would be desirable for the airport manager to be able to perform minor maintenance of the airport property. Additionally, the Personnel Committee sees the implementation and maintenance of airport security at the top of the priority list. Commissioner Peterson made a motion to adopt the amended job description for the Airport Manager and that it be presented to the Augusta Commission by Chairman Wood. Vice-Chairman McKnight seconded the motion. The motion carried. Chairman Wood thanked Commissioner Peterson and the Personnel Committee for such a good job. Attachment number 2Page 2 of 3 Manager Boshears gave an update on SPLOST VI. Fred Russell is presenting to the Augusta Commission for SPLOST VI and Daniel Field renovations are requested in SPLOST VI. 2.1 million is needed for the terminal upgrade. Boshears said that in the past, applications for SPLOST funding for Daniel Field have been made but never received. Vice-Chairman McKnight made a motion to submit an application for SPLOST VI funding for Daniel Field. Commissioner Welsh seconded the motion. The motion was unanimously approved. Chairman Wood thanked everyone for their support of Daniel Field. There being no further business, Commissioner Tyler made a motion to adjourn the meeting. Commissioner Welsh seconded the motion. The meeting was adjourned. Attachment number 2Page 3 of 3 Commission Meeting Agenda 1/22/2009 1:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N. 08 - 58: request by Keith Douglas for an on premise consumption Liquor, Beer & Wine license to be used in connection with Club 3000 located at 1602 Gordon Hwy. There will be Dance. District 2. Super District 9. (Approved by Public Services Committee January 12, 2009) Background:This is a new ownership application. Formerly in the name of Rajiv Bhardhwaj. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4345.00 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 Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 1/22/2009 1:00 PM Aviation Fuel Supplier Contract Department:Augusta Regional Airport Caption:Motion to approve AvFuel Corporation as the Aviation Fuel Supplier for the airport and approval of the contract between AvFul and Augusta Regional Airport. (Approved by Public Services Committee January 12, 2009) Background:AvFuel was selected through the RFP process for the aviation fuel supplier. There were five vendor proposals submitted to procurement for the Aviation Fuel Supplier RFP for Augusta Regional Airport of which two were disqualified. After careful evaluation of the remaining three; AvFuel was selected because of both pricing and their provision for providing a 5,000 gallon fuel truck to the Airport at no cost. Analysis:The contract with AvFuel is for three years with options for 2 one year renewals. Financial Impact:The Airport's fuel sales and cost of goods sold are the primary source of operating revenue and expense. The sale of fuel will generate approx 13.6 million in 2008 with CGS at approx 11.1 million which will result in a gross profit of approx 2.5 million. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts:Revenue 551/3492112 Expense 551/5315120 REVIEWED AND APPROVED BY: Finance. Procurement. Augusta Regional Airport Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Customer Code: ______________ AVFUEL CORPORATION FIXED BASE OPERATOR AVIATION FUEL SUPPLY AGREEMENT Reference Date: October 29, 2008 Effective Date: January 1, 2009 SUMMARY This Agreement is between Avfuel Corporation and its affiliates and subsidiaries all of which have AUGUSTA GEORGIA, a political subdivision of the State of Georgia, acting through the AUGUSTA AVIATION COMMISSION whose address is 1501 Aviation Way, Augusta Regional Airport at Bush Field, Augusta, Georgia 30906-9600, hereinDIWHUFDOOHG³&XVWRPHU´FROOHFWLYHO\FDOOHG³WKH3DUWLHV´DQGLVHIIHFWLYHRQWKH Effective Date or, if no Effective Date is specified then on the Reference Date noted above. THIS IS AN INTEGRATED AGREEMENT CONSISTING OF SEVERAL PARTS, ALL OF WHICH SHALL BE READ TOGETHER AND INTERPRETED AS ONE AGREEMENT. The parts shall include this Summary, the Special Terms and Conditions, and the General Terms and Conditions. In the event of any inconsistencies between the Special Terms and Conditions and the General Terms and Conditions, the Special Terms and Conditions shall govern. Avfuel offers other Programs that it believes are of benefit to Customer. Customer chooses to participate in those Programs that are checked below and agrees that the applicable provisions of the Special and General Terms and Conditions govern those Programs. Additions or deletions to this agreement are governed by the Changes Provision set forth in Section 17 of the General Terms and Conditions. If customer should avail itself of any of the Programs not checked below then Customer specifically agrees to be bound by the Special and General Terms and Conditions that govern those Programs. Applicable Certificates of Insurance are attached hereto, Insurance Company Name_________________________________________________ X Customer Credit Program X Addendums: A X Brand Program X AVTRIP Program X Credit and Charge Cards Acceptance Program X Contract Fuel Dealer Program X Equipment Lease Agreement Avsurance Primary Commercial Insurance Program CUSTOMER FEIN: 58-2204274 TYPE OF BUSINESS: _____________________________________ (i.e. C-corp, S-corp, Partnership, LLC, Sole Prop, or other) STATE ID NUMBER: STATE OF INCORPORATION: GA FOR: AVFUEL CORPORATION FOR: AUGUSTA, GEORGIA By: ____________________________________________ ____ By: ________________________________________________________ William B. Light (Signature) Title: Vice President, Administration AS ITS: MAYOR ATTEST: _________________________________ CLERK OF COMMISSION FOR: AUGUSTA AVIATION COMMISSION BY: ______________________________________ AS ITS: ________________________________ ATTEST: __________________________________ CLERK The undersigned hereby guarantee(s) payment and performance of this Agreement by Customer. By: _______________________________ ____________________________________ ____________________________________ Signature Name Printed Social Security Number By: _______________________________ ___________________________________ ____________________________________ Signature Name Printed Social Security Number Attachment number 1Page 1 of 11 Attachment number 1Page 2 of 11 ADDENDUM A to the AVIATION FUEL SUPPLY AGREEMENT between AVFUEL CORPORATION and AUGUSTA GEORGIA The following is incorporated and made part of the above named agreement with a reference date of October 29, 2008 Section 2., TERM: This section is deleted in its entirety and replaced with the following, ³7KHLQLWLDOWHUPRIWKLV Agreement is three (3) years with two, one year renewable options, beginning on the Effective Date specified in the Summary´ AVFUEL CORPORATION AUGUSTA GEORGIA By: _____________________________________ By: _____________________________________ William B. Light (Signature) Title: Vice President, Administration AS ITS: MAYOR ATTEST: _____________________________________ CLERK OF COMMISSION AUGUSTA AVIATION COMMISSION BY: ______________________________________ AS ITS: _______________________________ ATTEST: ______________________________________ CLERK Attachment number 1Page 3 of 11 Attachment number 1Page 4 of 11 FBO Aviation Fuel Supply Agreement Rev 4/10/08 &XVWRPHU¶V,QLWLDOV _________ Page 2 of 8 7. LIMITED WARRANTY: 7.1. Avfuel warrants that all products delivered pursuant to this agreement, regardless of whether title transfers at that time, will, at the time of delivery, conform to the then latest revision of following specifications: Aviation Gasoline will conform to the ASTM Specification D910; and Jet Fuel will conform to the ASTM Specification D1655. Avfuel retains the right to revise the applicable specifications upon written notice to Customer. 7.2. THE LIMITED WARRANTY STATED ABOVE IS THE ONLY WARRANTY GIVEN BY AVFUEL REGARDING THE PRODUCTS. AVFUEL DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 7.3. Customer shall sample and test each shipment of Product prior to delivery using industry standard test procedures. If Customer determines or suspects non- conformity then Avfuel must be immediately notified, while the Shipping Agent is still present, and the delivery shall not be completed until either Customer accepts the Product, acknowledging conformity, or Avfuel replaces the Product. &XVWRPHUZLOOSHUPLW$YIXHODFFHVVWR&XVWRPHU¶VSUHPLVHVDQGUHFRUGVGXULQJQRUPDOEXVLQHVVKRXUVDQGXSRQIRXUKRXUV¶WHOHSKRQLFRUZULWWHQQRWLFHWR Customer for purposes of investigating any claim of non-conformity. If it is determined that the Product is non-FRQIRUPLQJ$YIXHO¶VVROHREOLJDWLRQVKDOOEH either (1) replacement of the non-conforming Product with conforming Product, or (2) removal of the non-conforming Product and cancellation of the invoice for that Product or refund of the amount paid for that Product, as determined by Avfuel. Avfuel will be reasonably prompt in its actions hereunder. TIME IS OF THE ESSENCE AND ANY FAILURE TO FOLLOW THE ABOVE PROCEDURE SHALL VOID THE LIMITED WARRANTY. 8. COMPLIANCE WITH LAWS: 8.1. Each Party shall, at all times and in all respects, comply with all federal, state, county or municipal laws, ordinances, rules and regulations governing its actions in the purchase, storage, handling and sale of the Products and all industry standards pertaining thereto, including those that may contain tetraethyl lead or lead alkyl. Further, each of the Parties agree to use its reasonable best efforts to assist the other Party in complying with such laws, ordinances, rules and regulations which the other Party may be required to observe in the performance of its obligations under this Agreement. Each Party reserves the right to terminate those portions of this Agreement governing the purchase of a Product if the other Party violates the provisions of this subsection with respect to that Product. In such event, the remaining provisions of this Agreement shall continue in full force and effect. 8.2. Each Party shall properly instruct its employees, agents and contractors with regard to compliance with all applicable laws, ordinance, rules, regulations and standards governing the sale and distribution of the Products that are the subject of this Agreement. 9. INDEPENDENT STATUS: Each Party shall at all times function as an independent contractor and not as a subcontractor, employee or other agent of the other Party. Neither Party shall have the authority to and shall not purport to make any commitments or representations on behalf of the other Party or otherwise to take any actions on behalf of the other Party. 10. RECIPROCAL INDEMNIFICATION: EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, EACH PARTY (THE "INDEMNIFYING PARTY") AGREES TO INDEMNIFY AND TO HOLD HARMLESS THE OTHER PARTY AND THE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS OF THE OTHER PARTY (THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, LIABILITIES, CAUSES OF ACTION, COSTS OR EXPENSES (INCLUDING ATTORNEY'S FEES) OF WHATSOEVER NATURE WHICH ARE ASSERTED AGAINST OR INCURRED BY ANY INDEMNIFIED PARTY AS A RESULT OF THE BREACH BY THE INDEMNIFYING PARTY OF ITS OBLIGATIONS UNDER THIS AGREEMENT OR AS A RESULT OF ANY WRONGFUL ACT OR OMISSION OF THE INDEMNIFYING PARTY OR OF ANY OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS OF THE INDEMNIFYING PARTY. ANY AMOUNT PAYABLE BY THE INDEMNIFYING PARTY UNDER THIS SECTION 10 SHALL BE DUE WITHIN TEN (10) DAYS AFTER WRITTEN DEMAND AND ANY SUCH AMOUNT WHICH IS NOT PAID WHEN DUE SHALL BEAR INTEREST FROM THE DUE DATE TO THE DATE OF PAYMENT AT THE RATE OF 16% PER ANNUM (OR, IF LESS, AT THE MAXIMUM RATE OF INTEREST PERMITTED UNDER THE LAWS OF THE STATE IN WHICH THE INDEMNIFYING PARTY HAS ITS PRINCIPAL PLACE OF BUSINESS). WITHOUT LIMITING THE ABOVE PROVISIONS, THE OBLIGATION OF THE INDEMNIFYING PARTY UNDER THIS SECTION 10 SHALL INCLUDE ANY REASONABLE ATTORNEY'S FEES OR OTHER COSTS INCURRED BY THE INDEMNIFIED PARTIES IN ENFORCING THE OBLIGATION OF INDEMNITY UNDER THIS SECTION. EACH PARTY'S OBLIGATION TO INDEMNIFY SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT AND SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL THE LAPSE OF ALL APPLICABLE STATUTES OF LIMITATIONS OR SIMILAR TIME PERIODS WITHIN WHICH AN ACTION FOR INDEMNITY OR CONTRIBUTION MUST BE BROUGHT. 11. BREACH AND TERMINATION: 11.1. Failure of a Party to comply with the provisions of this Agreement shall constitute a breach of the Agreement by the non-complying Party. Except as otherwise permitted under this Agreement, the non-breaching Party shall provide Notice of that breach to the other Party in the manner set forth in Section 14. The Notice shall specify the alleged breach and the period within which the breach must be cured which, except as provided in Section 11.2, shall be at least ten (10) business days. The Party receiving such Notice shall respond thereto in writing within three (3) business days. If the breach is not cured or the dispute resolved within the period specified in the Notice, the Party claiming breach, by further written Notice, at its election, may affirm this Agreement and initiate appropriate legal actions to require the other Party to remedy that breach or may immediately terminate this Agreement. In either instance, the Party claiming the breach may by appropriate legal proceedings seek and secure recovery of any damages resulting from that breach. 11.2. The provisions of Section 11.1 to the contrary notwithstanding, if the EUHDFKLVRIWKH&XVWRPHU¶VREOLJDWLRQWRPDNHDSD\PHQWWR$YIXHOZKHQGXH then Avfuel may declare all amounts owed to it immediately due and payable, and Avfuel, in addition to all other rights hereunder, may suspend its performance or terminate this Agreement forthwith and without giving Customer Notice or the opportunity to cure. Avfuel shall also have the right to offset any amount that Avfuel then or thereafter owes to Customer, to any guarantor of the CustRPHU¶VREOLJDWLRQVXQGHUWKLV$JUHHPHQWRUWRDQ\DIILOLDWHHQWLW\WKDWRZQV is owned by or is under common ownership with the Customer against any amounts owed by Customer to Avfuel. Customer warrants that it is authorized to make this commitment with respect to amounts owed by Avfuel to such guarantors and affiliate entities. In addition, Avfuel or its agents or employees may, without further notice and without legal process enter onto any facility of Customer for the purpose of repossessing any item of Equipment or any personal property of any description owned by Avfuel, and Customer shall use its best efforts to assist Avfuel in such repossession. Pursuit of the foregoing shall not preclude pursuit of any other remedies provided by law, nor constitute a waiver of any amount due by Customer hereunder or of any damages accruing by reason of the breach of any of the terms or conditions contained herein. Aviation fuels on board repossessed Equipment will become the property of Avfuel, and credited against any amount owed Avfuel by Customer at that day's market price. 11.3. The Party claiming a breach may waive that breach by giving Notice to the other party in the manner set forth in Section 14 below. The waiver of any Attachment number 1Page 5 of 11 FBO Aviation Fuel Supply Agreement Rev 4/10/08 &XVWRPHU¶V,QLWLDOV _________ Page 3 of 8 breach shall not constitute a waiver of any subsequent breach of the same or any other term or condition. Any failure of either Party to enforce rights or seek remedies arising out of any breach by the other Party shall not prejudice or affect the rights and remedies of that Party in the event of any subsequent breach by the other Party. 11.4. Except as set forth in Section 11.2 above, any dispute that arises under this Agreement, pursuant to Section 11.1 above or otherwise, shall be submitted to a senior officer or other person having the authority to negotiate the resolution of such disputes for each Party. Those persons shall attempt, in good faith, to resolve the dispute, and no action in law or equity shall lie until the process set forth herein shall have run its course. If the dispute involves the payment of money, all undisputed amounts shall be paid when due regardless of whether the undisputed amount is only part of an invoice. 7KHH[HUFLVHRID3DUW\¶VULJKWWRWHUPLQDWHWKH$JUHHPHQWDVDIRUHVDLGRU to seek any other remedy shall not be deemed an election of remedies and shall EHZLWKRXWSUHMXGLFHWRWKH7HUPLQDWLQJ3DUW\¶VULJKWVWRVHHNDQ\RWKHUUHPHG\ afforded to it by this Agreement or by law or equity. In any action related to the enforcement or breach of this Agreement, the prevailing Party shall have the ULJKWWRUHFRYHULWVUHDVRQDEOHDWWRUQH\¶VIHHVDQGFRVWVDFWXDOO\LQFXUUHG 12. INSURANCE: 12.1. Prior to the Effective Date stated in the Summary, Customer shall submit proof that it holds, or, if it does not so hold, shall secure, at its cost, the following insurance and furnish Avfuel a Certificate of Insurance evidencing: (1) aviation general liability insurance, including products and completed operations liability, with limits not less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage; and (2) automobile liability insurance with limits not less than one million dollars ($1,000,000.00) combined single limit for bodily injury and property damage; (3) workers compensation covering all employees of Customer and (4) physical damage coverage covering the value of any leased Equipment. Insurance policies shall be issued by insurance companies acceptable to Avfuel (whose acceptance may not be unreasonably withheld), shall name Avfuel, or its subsidiary, as applicable, as an additional insured and/or loss payee, and shall provide for at least thirty (30) GD\V¶ZULWWHQQRWLFHWR$YIXHOSULRUWRFDQFHOODWLRQRUPRGLILFDWLRQ&XVWRPHU shall maintain such policies in full force and effect throughout the term of this Agreement. Customer may, if it chooses, apply for this insurance through $YIXHO¶VVXEVLGLDU\$YVXUDQFH&RUSRUDWLRQ 12.2. Avfuel currently maintains an excess aviation products liability policy under which its qualified customers may be named as additional insureds. For so long as Avfuel elects to continue to maintain that insurance and permit customers to be additional insureds, upon the written request of Customer and to the extent that Customer qualifies for such coverage, Customer shall be added as an additional insured under that policy upon payment by Customer of any additional SUHPLXPUHTXLUHGE\$YIXHO¶VLQVXUHUIRUVXFKFRYHUDJH,I$YIXHOQRORQJHU offers this product liability insurance program, or the product liability insurance LVQRORQJHUIUHHWR&XVWRPHU$YIXHOZLOOQRWLI\&XVWRPHUZLWKWKLUW\GD\V¶ZULWWHQQRWLFHRIWKLVFKDQJHRU$YIXHO¶VLQWHQWWRWHUPLQDWHWKHSURGXFWOLDELOLW\ insurance program. 13. ASSIGNMENT: Customer shall not assign its rights or delegate its obligations under this Agreement, in whole or in part, unless with the prior written consent of Avfuel, which consent will not be unreasonably withheld. Any transfer of a controlling interest in Customer shall be deemed an assignment requiring the consent of Avfuel. 14. NOTICES: All notices permitted or required under this Agreement shall be LQZULWLQJ1RWLFHVE\IDFVLPLOHVKDOOEHGHHPHG³GHOLYHUHG´RQWKHGDWHRI confirmed transmission, without error, to the fax number designated in the Summary. Notices by mail shall be deemed delivered three (3) business days following the date deposited with the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed to the Party at the address of the principal office. Notices sent by overnight courier shall be effective on the next business day following deposit with the overnight courier for overnight delivery with the delivery fee prepaid, addressed to the Party at the address of the principal office, and with instructions to obtain the signature of the addressee. 15. GOVERNING LAW: This Agreement shall be construed as having been made in the State of Michigan, and all rights and obligations under it shall be governed by the laws of the State of Michigan without regard to its Conflict of Laws provisions. All litigation arising hereunder shall be brought in the State of Michigan, and exclusive jurisdiction shall lie with the courts located in Washtenaw County, Michigan and each Party hereby submits to the exclusive jurisdiction of those courts. 16. SEVERABILITY: In the event that any court of competent jurisdiction shall determine that any provision of this Agreement shall be unenforceable, then that provision shall be deemed to be null and void and the remaining provisions hereof shall remain in full force and effect. 17. ENTIRE AGREEMENT TERMS: This Agreement, including all of its parts, sets forth the entire agreement between Avfuel and Customer with respect to the subject matter hereof and there are no other terms or conditions, oral or written, express or implied, relating to or otherwise affecting such subject matter. No term or condition of this Agreement shall be changed, supplemented, cancelled or waived unless in writing and signed by both Avfuel and Customer. If Avfuel and Customer have, prior to the effective date, been parties to any other DJUHHPHQW UHODWLQJ GLUHFWO\ WR WKH VDOH RI 3URGXFWV WR &XVWRPHU D ³3ULRU $JUHHPHQW´VXFK3ULRU$JUHHPHQWH[cept for guarantees, shall be superseded as of the effective date and all rights and obligations between Avfuel and Customer with respect to the supply of Products from and after the effective date shall be governed by the terms of this Agreement. The terms and conditions of such Prior Agreement shall, however, remain in full force and effect with respect to rights and obligations relating to the supply of Products prior to the effective date and nothing contained in this Agreement shall be construed as terminating or otherwise affecting any such rights or obligations. CUSTOMER CREDIT PROGRAM: IN THE EVENT THAT AVFUEL CHOOSES TO DELIVER GOODS OR SERVICES THAT HAVE NOT BEEN PAID FOR IN FULL BY WIRE TRANSFER PRIOR TO THE TIME OF THAT DELIVERY, AVFUEL SHALL BE CONSTRUED AS HAVING EXTENDED CREDIT TO CUSTOMER AND THE FOLLOWING TERMS AND CONDITIONS SHALL APPLY. 1. Credit terms may not be used during any period in which the Customer is in default of this Agreement. In addition to the provisions of Section 11 of the General Terms and Conditions, for the specific purposes of this Customer Credit Program, the Customer will be in default if (1) any amount charged to the Customer's account is not paid in accordance with the agreed upon payment terms; (2) if and for so long as the Customer is in breach of any of its obligations under any Agreement with Avfuel or any of its subsidiaries; or (3) if Avfuel determines that there is any misrepresentation or breach of a warranty by the Customer under or with respect to any Agreement with Avfuel. Use of credit is limited to the amount specified in the Special Terms and Conditions of this Agreement. No purchase may be made which would cause the total amount owed under this Agreement to exceed that credit limit. 2. Upon termination of this Agreement, Customer shall have no right to credit terms for new purchases, but all obligations incurred prior to the termination, as well as all remedies provided for default or breach, shall survive. If Avfuel, intentionally or unintentionally, permits any purchases on credit after termination, then the terms of this Agreement shall pertain to those charges. 3. Subject to the approval by Avfuel at its offices in Michigan, all purchases by Customer for which Avfuel does not receive payment at or prior to the time of delivery to Customer shall be charged as principal to Customer's account. Avfuel may require Customer or Customer's authorized representative, as a condition of delivery or at any time thereafter, to give receipt for all deliveries in writing and to sign sales slips and other documents in Avfuel's opinion necessary to record or substantiate any or all transactions resulting in a charge to Customer's account. 4. Avfuel shall invoice Customer for all Fuel products delivered to Customer or WR&XVWRPHU¶VGHVLJQHHV,QYRLFHVVKDOOLQFOXGHWKHVHOOLQJSULFHRIWKHSURGXFW delivered, taxes, duties, and any other charges as separate line items. Invoices are payable on or before that due date specified in the invoice. Unless otherwise determined by Avfuel in its discretion, all payments received will be applied by Avfuel (subject to collection of remittance if other than cash) first to interest, if any, accrued on Customer's account, then to the unpaid principal balance owed upon such account in direct calendar order of due date. Customer agrees to pay to Avfuel upon demand a fee of $50.00 for each check, draft or other form of remittance that is not honored by the drawee upon due presentment by Avfuel or its agents. From time to time, Avfuel may send Customer a statement of Customer's account for Customer's information showing in summary, or in such detail as Avfuel may deem appropriate, current transactions Avfuel posted to Customer's account to date thereof, the amount of interest (if any) which has accrued, and the balance owing thereon; however, the failure of Avfuel to furnish any such statement shall not relieve Customer of the obligation to make payment against invoices when due in accordance with the other terms of this Agreement. Customer agrees to review all statements promptly after receipt, and shall have Attachment number 1Page 6 of 11 FBO Aviation Fuel Supply Agreement Rev 4/10/08 &XVWRPHU¶V,QLWLDOV _________ Page 4 of 8 fifteen (15) days from date of receipt to notify Avfuel in writing of any discrepancies. If no such notice is given, such statement shall be conclusively presumed correct. 5. In the event that any invoice is not paid in full by the due date stated therein, the unpaid amount of the invoice shall bear interest until paid at the lower of 18% per annum or the highest rate which may lawfully be contracted for, charged and received according to applicable law for business purchases at the time of delivery. Notwithstanding anything in this Agreement to the contrary, Customer shall never be obligated to pay and Avfuel shall never be entitled to receive any interest upon any indebtedness incurred by Customer pursuant hereto in excess of the maximum contract rate of interest authorized by applicable law for business purposes, and it is expressly understood and agreed that if Avfuel shall render any charge for the payment of usurious interest, such charge shall be automatically and unconditionally reduced to the maximum non-usurious DPRXQWDQGWKHH[FHVVLISDLGVKDOOEHDSSOLHGDVFUHGLWWR&XVWRPHU¶VDFFRXQW ,IVXFKDSSOLFDWLRQUHVXOWVLQDFUHGLWEDODQFHLQ&XVWRPHU¶VVDLGDFFRXQWVXFK balance shall be refunded to Customer or applied to the next due amount in such account as Customer shall direct. 6. If, at any time during the term of this Agreement, the financial responsibility of Customer becomes impaired or unsatisfactory to Avfuel, in the sole judgment of Avfuel, Avfuel, effective immediately upon delivery of Notice to Customer, may require the advance cash payment or other security satisfactory to Avfuel for any shipment of fuel and shipment may be withheld until such payment or security is received. 7. For the purpose of securing a payment of all indebtedness of Customer to Avfuel from time to time outstanding (including, without limitation, any amounts due under this Agreement or any other agreement or instrument between Avfuel and the Customer) grants to Avfuel a purchase money security interest in and to all of Customer's inventory of aviation fuels and other products of similar type or description as are purchased from Avfuel, and all accounts, contract rights and other proceeds from such inventory, whether now owned or hereafter acquired. Customer warrants that the purchase money security interest granted herein is and shall remain superior to any other security interests granted by Customer to any other entity. For so long as this Agreement is in effect, all of Customer's inventory of aviation fuels will be presumed to be merchandise purchased pursuant to the Agreement and subject to the purchase money security interest granted by this Agreement. Customer hereby authorizes Avfuel to sign and record all financing statements and other instruments which Avfuel may reasonably require in order to create, perfect and continue in force said security interest and first priority lien. Customer authorizes Avfuel to file a true copy of this Agreement in lieu of any financial statement. The rights and obligations of Avfuel and the Customer under and with respect to the security interest and first priority lien created by this Section shall be interpreted in accordance with the Uniform Commercial Code in effect in the state of the Billing Address of the Customer as stated in the Summary. 7+,63$5$*5$3+$33/,(621/<727+26(3(56216:+2¶6 SIGNATURES APPEAR AS GUARANTORS ON THE SIGNATURE PAGE OF THIS AGREEMENT. PERSONS SIGNING AS GUARANTORS SHALL BE CONSTRUED AS PERSONAL GUARANTORS REGARDLESS OF ANY OTHER DESIGNATION. In consideration of the extension of credit by Avfuel to Customer, each of the parties signing as Guarantors on the signature page of this Agreement agrees to guarantee the prompt payment of all amounts owed to Avfuel by Customer whether such amounts are existing at the time that this Guarantee is signed or are incurred at any time during the life of this Guarantee. Avfuel may demand payment from a Guarantor under this Guarantee at any time that it deems itself insecure with respect to any amount owed by Customer. Each Guarantor hereby waives notice of acceptance of this Guarantee by Avfuel, notice of default by Customer, and all other notices that the Guarantor may otherwise be entitled to receive. Failure on the part of Avfuel to give any such notice shall not discharge any obligation of any Guarantor under this Guarantee. Each Guarantor also hereby waives any requirement that Avfuel proceed against Customer before making a demand for payment hereunder, and DJUHHV WR SD\ DOO DWWRUQH\¶V IHHV DQd court costs incurred by Avfuel in the enforcement of its rights hereunder. This is a continuing Guarantee and shall not be revoked by the death of any individual party or by the dissolution of any corporate party or any other entity that is a party hereto, and shall remain in force until Avfuel receives written notice to extend no further credit to Customer on the security of this Guarantee. Such notice shall not discharge any obligation of any Guarantor as to any then existing indebtedness or obligation of Customer arising out of a transaction that took place prior to the receipt of such notice, regardless of the time for determination, maturity, or performance thereof. Each Guarantor agrees to provide periodic statements of financial condition to Avfuel upon request. This Guarantee shall survive the termination of this Agreement until all amounts due Avfuel under this Agreement have been paid in full. BRAND PROGRAM: ,) &86720(5 +$6 (/(&7(' 72 3$57,&,3$7( ,1 $9)8(/¶6 BRAND PROGRAM, THE FOLLOWING WILL APPLY. 1. &XVWRPHUKDVEHHQLQYLWHGDQGKDVHOHFWHGWRSDUWLFLSDWHLQ$YIXHO¶V%UDQG3URJUDP$FFRUGLQJO\$YIXHOKHUHE\OLFHQVHV&XVWRPHUDVDGHDOHU³%UDQGHG'HDOHU´WRXVH$YIXHO¶V%UDQG1DPHVDQG7UDGHPDUNVVXEMHFWWRWKHSURYLVLRQV set forth herein. All trade names, trademarks, service marks, logos and other commercial symbols that Avfuel either owns or has the right to sub-license (the "Intellectual Property") shall be and remain the property of Avfuel. Further all signs, decals, graphic materials and other tangible property supplied by Avfuel which bear or are imprinted with any of the Intellectual Property or are used to imprint or display the same (the "Branded Property") and all replacements thereof shall be and remain the property of Avfuel. Any use of the Intellectual Property or the Branded Property by the Customer otherwise than as expressly authorized by this Agreement is hereby expressly prohibited. Upon termination RI&XVWRPHU¶VSDUWLFLSDWLRQLQWKH%UDQG3URJUDP&XVWRPHUVKDOODWits expense, de-install and return to Avfuel all salvageable signage and return or destroy all other items that identify Customer as a branded Avfuel dealer. 2. Avfuel agrees to supply to Customer, for Customer's use and possession during the term of this Agreement such signs, decals, credit card imprinters and other graphic materials as Avfuel deems necessary in order to identify Customer as an Avfuel Branded Dealer. Unless otherwise agreed in writing, Avfuel will bear all costs of such materials. Customer agrees to honor all Avfuel charge cards, subject to the provisions of the Credit and Charge Card Acceptance 3URJUDP VHW IRUWK EHORZ GXULQJ &XVWRPHU¶V SDUWLFLSDWLRQ LQ $YIXHO¶V %UDQG Program. 3. Customer shall be responsible for obtaining all necessary permits and for installation of all Branded Property including (without limitation) all electrical and other connections, and shall make sure that all installations shall comply with all brand specifications and with all applicable state and local codes, ordinances and governmental regulations (if any). Unless otherwise agreed in writing, the Customer will bear all costs of installation. No signage shall be installed so as to become a fixture upon real property. The use of color schemes and Intellectual Property painted on facilities and equipment owned by Customer or others and used in the conduct of Customer's business, shall comply with particular and displayed specifications. Customer shall be responsible for maintenance and upkeep of Branded Property and Paint-ons, and agrees to keep and maintain the same at all times in a good, clean, safe, operative and first class condition, neatly painted and displayed. If any of such installation or maintenance is performed by Avfuel, Customer agrees to remit upon demand all costs thereof, including (without limitation) all expenditures for labor, materials and the like. If any Branded Property is damaged, lost or destroyed while in Customer's use, possession or control, or if Customer shall deliver any of such property to anyone not herein expressly authorized to use or possess it, Customer agrees to repair, recover or replace such property forthwith, at Customer's expense. 4. Customer shall keep all Branded Property insured at all times against loss, theft, fire or physical damage, up to the full replacement cost thereof, designating Avfuel as the loss payee. The Customer shall pay when due all personal property taxes and assessments assessed against the Branded Property and shall neither suffer nor permit any lien or encumbrance or any attachment against any of such Branded Property. 5. Customer agrees that it will not use or display any Branded Property or Intellectual Property: (1) in a manner which causes or is calculated to cause confusion among patrons of Customer or the general public as to the type, characteristics, quality, manufacture or sponsorship of any fuel or other product which Customer offers for sale; (2) for the purpose of selling or promoting the sale of aviation fuel other than fuels supplied by Avfuel; or (3) for the purpose of selling or offering for sale any product which has been diluted or adulterated, whether intentionally or not. Customer further agrees that it will at all times maintain its facilities and conduct its operations in compliance with those standards and procedures established from time to time by Avfuel and applicable to aviation fixed base operators displaying any of the Intellectual Property. Such standards and procedures may include (without limitation) image quality standards for the brand displayed, quality control and refueling procedures for products bearing such brand, and standards for services offered and facilities utilized by Customer in conjunction with such products. Avfuel may, but shall be under no obligation to conduct periodic tests and inspections as it may deem appropriate to evaluate compliance with this Agreement. Copies of all test and inspection reports shall be given to Customer. It is expressly understood that the purpose of any such tests or inspections is to assist Customer in complying with the standards set for a Branded Dealer. By performing such tests or inspections Attachment number 1Page 7 of 11 FBO Aviation Fuel Supply Agreement Rev 4/10/08 &XVWRPHU¶V,QLWLDOV _________ Page 5 of 8 Avfuel assumes no responsibility for Customer's failure to comply with the Standards or for safety hazards, latent or patent, created or maintained by Customer. If Avfuel determines, in its sole discretion, that Customer is or has YLRODWHGWKLVSURYLVLRQWKHQ$YIXHOPD\VXVSHQGRUWHUPLQDWH&XVWRPHU¶VULJKWWRXVH$YIXHO¶V%UDQGVDQGRU7UDGHPDUNV Avfuel reserves the right to amend, suspend, or terminate the program at any time. Customer may withdraw from this Program upon 60 days Notice to Avfuel. See Section 14 of the General Terms and Conditions regarding Notices. 7HUPLQDWLRQRI&XVWRPHU¶VSDUWicipation in this Program shall not be construed DVWHUPLQDWLQJWKH$JUHHPHQWRU&XVWRPHU¶VSDUWLFLSDWLRQLQDQRWKHU3URJUDP AVTRIP PROGRAM: ,) &86720(5 +$6 (/(&7(' 72 3$57,&,3$7( ,1 $9)8(/¶6 AVTRIP PROGRAM, THE FOLLOWING WILL APPLY. 1. Customer has EHHQLQYLWHGDQGKDVHOHFWHGWRSDUWLFLSDWHLQ$YIXHO¶V$975,3 Program a marketing incentive program intended to reward pilots who choose to purchase fuel and services from participating Avfuel dealers. 2. Customer will: 2.1. Use its best efforts to enroll pilots in the AVTRIP Program; 2.2. Award all participating pilots two AVTRIP Points for each U.S. gallon of IXHOSXUFKDVHGIURP&XVWRPHUDQGDW&XVWRPHU¶VGLVFUHWLRQDPLQLPXPRIRQH point for each U.S. dollar, or part thereof, spent by a participating pilot for parts DQGVHUYLFHVDW&XVWRPHU¶VIDFLOLWLHV 2.3. Pay to Avfuel, by deduction from amounts due to Customer or in cash if no amounts are due Customer, $.01 for each AVTRIP point awarded; 2.4. Maintain complete records of all points earned by participating pilots; 2.5. Train its personnel in the operation of the AVTRIP Program, and prominently post written materials relating to AVTRIP in and around its facilities in order to encourage pilot participation in the program; and 2.6. Promptly send all enrollments to Avfuel so that the enrollee can be added to the list of AVTRIP participants. Not less frequently than every two weeks, Customer will send Avfuel copies of all records pertaining to points earned by pilots that have not been previously reported via POS transmission, and remit to Avfuel all sums due hereunder. 3. Avfuel will: 3.1. Act as the administrator of the AVTRIP Program; and 3.2. Include the AVTRIP Program in its local, national and international marketing and advertising efforts as it deems appropriate to encourage pilot participation in the AVTRIP Program. 4. The price charged to any pilot for fuel, parts or service shall not be based on whether a pilot participates in the AVTRIP Program. 5. Avfuel reserves the right to amend, suspend, or terminate the AVTRIP Program at any time. Avfuel also reserves the right to terminate any individual's participation at any time for misuse of the AVTRIP card, violation of the rules of the program, or inactivity for a period of 12 consecutive months. Customer may withdraw from this Program upon 90 days Notice to Avfuel. See Section 14 of the General Terms and Conditions regarding Notices. Termination of &XVWRPHU¶VSDUWLFLSDWLon in this Program shall not be construed as terminating WKH$JUHHPHQWRU&XVWRPHU¶VSDUWLFLSDWLRQLQDQ\RWKHUSURJUDP CREDIT AND CHARGE CARD ACCEPTANCE PROGRAM: ,) &86720(5 +$6 (/(&7(' 72 3$57,&,3$7( ,1 $9)8(/¶6 CREDIT CARD ACCEPTANCE PROGRAM, THE FOLLOWING WILL APPLY. 1. &XVWRPHUKDVEHHQLQYLWHGDQGKDVHOHFWHGWRSDUWLFLSDWHLQ$YIXHO¶V&UHGLW and Charge Card Acceptance Program. Accordingly, Customer may honor any valid credit or charge card listed in the most current Accounts Receivable DiscoXQWV6FKHGXOH³$5'6´LVVXHGE\$YIXHO$FFHSWDEOH&DUGVIRUWKH purchase of products and services if the purchase has been specifically approved by Avfuel. Avfuel's ARDS is subject to change upon five (5) days prior written notice. 2. Customer shall prepare a voucher for each credit card or charge card transaction and shall promptly submit those vouchers to Avfuel. The term "voucher" means a machine imprinted credit card slip or other written record of a credit sale in form acceptable to Avfuel that has been fully completed by Customer manually or electronically by a Point of Sale (POS) machine in DFFRUGDQFHZLWKWKHLQVWUXFWLRQVFRQWDLQHGLQWKHWKHQFXUUHQWHGLWLRQRI$YIXHO¶V manual and signed by the Authorized User. If the voucher is prepared manually, the Customer is responsible to make sure that the voucher is complete and legible. The Customer is also responsible for making sure that the card presented is not expired and that the person signing the voucher is an Authorized User. If imprinted and hand written amounts on invoices do not agree the lesser amount shall be presumed to be correct. Customer shall make a manual imprint of all cards electronically processed but requiring that the card number be entered manually, in order to prove that the card was present at the time of sale. ³3URPSWO\´ PHDQV LQ WKH FDVH RI 326 WUDQVPLVVLRQV EDWFKHV VKRXOG EH submitted at least once per day and by 11:00 PM Central Time but in no case any less frequently than once every 72 hours, and in the case of manually prepared vouchers, weekly, but not later than ten days after transaction date. Customer must keep copies of vouchers and summaries for a period of seven (7) years and supply Avfuel with duplicates if requested. 3. Upon receipt from Customer of a properly prepared voucher- together with any necessary summaries thereof on forms prescribed by Avfuel, Avfuel shall remit to Customer or, as Avfuel may elect, credit Customer's fuel purchase account with Avfuel, in an amount equal to the total face amount of all such vouchers less such discounts as applicable according to Avfuel's then current ARDS discount schedule, and any fees for AVTRIP point awards. 4. Customer acknowledges receipt of, and agrees to observe, Avfuel's current instructions for recording and processing credit transactions. Avfuel reserves the right to amend any and all instructions and to add new instructions from time to time, and Customer agrees to be bound by all such amendments and new instructions. Avfuel also reserves the right to issue new or revised forms, POS equipment, software and imprinters from time to time, and to issue instructions regarding their use to be effective upon five (5) days prior written notice. 5. Customer shall be solely liable and responsible for remittance of all taxes to the proper authorities regardless of whether charged to purchaser. Avfuel does not assume responsibility for the payment of any tax applicable to sales or other transactions resulting in credit card accounts receivable and Customer shall defend, indemnify and hold harmless Avfuel from any such claims. 6. Without limiting the generality of other provisions of this Agreement pertaining to charge backs, it is specifically understood and agreed that Avfuel may decline to accept or, if accepted, may subsequently charge back to Customer any voucher: 6.1. Where any of the required information is omitted or illegible; 6.2. That is imprinted or processed with an expired credit card; 6.3. Covering a purchase not authorized by the cardholder or involving fraud or any misuse of a credit card by the purchaser with or without Customer's knowledge; 6.4. Covering a transaction that has not been authorized by Avfuel or does not carry a valid authorization code; 6.5. Covering a transaction or series of related transactions (constituting in the reasonable opinion of Avfuel a single sale transaction) the aggregate face amount of that exceeds any of the single sale limitations to which the parties hereto may agree; 6.6. That becomes the subject of a dispute between Customer and purchaser; 6.7. Where the Authorized User has not received his copy of the voucher; 6.8. For which Customer has received or will receive any payment or reimbursement from any person other than Avfuel; 6.9. Where Customer has granted any right of ownership or security interest to any person other than Avfuel unless the invoice is accompanied by a written waiver of such interest; Attachment number 1Page 8 of 11 FBO Aviation Fuel Supply Agreement Rev 4/10/08 &XVWRPHU¶V,QLWLDOV _________ Page 6 of 8 6.10. Presented by Customer to Avfuel more than ten (10) days after the transaction date; 6.11. If the transaction occurred after the date of expiration or termination of this Agreement; 6.12. Created by any person other than Customer, or in any transaction other than a transaction in which Customer has sold merchandise or services to a purchaser presenting his credit card for use in payment therefor; 6.13. That are charged back to Avfuel by a card issuer for any reason at all; or 6.14 That in any other manner does not conform to this Agreement or with $YIXHO¶VLQVWUXFWLRQVIRUUHFRUGLQJDQGSURFHVVLQJFUHGLWFDUGWUDQVDFWLRQV 7. In the event that a FKDUJHEDFNH[FHHGVWKHFUHGLWEDODQFHLQ&XVWRPHU¶VIXHO purchase account then carried by Avfuel, Customer agrees to pay such amounts within three (3) days after notice that such amounts are due. Upon reimbursement, title to the subject voucher and all indebtedness represented thereby shall pass to Customer. If any funds come into Avfuel's possession for any voucher that has previously been charged back to Customer, Avfuel will promptly credit the full amount thereof to Customer's account. Avfuel's charge back rights and rights of recourse against Customer shall survive the termination of this Agreement. 8. Cash advances may not be charged on any card. A single sale to any one purchaser resulting in one or more than one credit card voucher shall be specifically limited to quantities of fuel and lubricants not greater than the useful capacity of the aircraft, and shall only include fuels from stocks delivered by and purchased from Avfuel. 9. From time to time, Avfuel will send Customer a Credit Card Remittance Summary for Customer's information showing in such detail as Avfuel may deem DSSURSULDWHWKHWUDQVDFWLRQVDQGDPRXQWVWKDWKDYHEHHQFUHGLWHGWR&XVWRPHU¶V account or paid to Customer during the period since the last report. The failure of Avfuel to furnish any such Report shall not relieve Customer of any obligations hereunder. Customer agrees to review all such Reports promptly after receipt. In any event, Customer shall be solely responsible for making sure that it has received proper payment for each transaction submitted. Customer shall have forty-five days (45) days from the date of a transaction to provide Avfuel Notice that the transaction has not been properly accounted for or that payment has not been received. If no such notice is given, such transaction shall be conclusively presumed to have been settled and closed. 10. Avfuel reserves the right to amend, suspend, or terminate the program at any time. Customer may withdraw from this Program upon 60 days Notice to Avfuel. See Section 14 of the General Terms and Conditions regarding Notices. 7HUPLQDWLRQRI&XVWRPHU¶VSDUWLFLSDWLRQLQWKLV3URJUDPVKDOOQRWEHFRQVWUXHGDVWHUPLQDWLQJWKH$JUHHPHQWRU&XVWRPHU¶VSDUWLFLSDWLRQLQDQ\RWKHU3URJUDP CONTRACT FUEL DEALER PROGRAM: ,)&86720(5+$6(/(&7('723$57,&,3$7(,1$9)8(/¶6 CONTRACT FUEL DEALER PROGRAM, THE FOLLOWING WILL APPLY. 1. &XVWRPHUKDVEHHQLQYLWHGDQGKDVHOHFWHGWRSDUWLFLSDWHLQ$YIXHO¶V&RQWUDFW)XHO'HDOHU3URJUDPWKH³&)'3URJUDP´$FFRUGLQJO\&XVWRPHUDJUHHVWRVHOODQGGHOLYHUWRFOLHQWVZKRSDUWLFLSDWHLQ$YIXHO¶V&RQWUDFW)XHO3URJUDPWKH³&)&V´RUD&)&´DV the context may require) aviation fuel supplied by Avfuel and other products and services supplied by the Customer. A CFC is a person or HQWLW\WKDWKDVH[HFXWHGD&RQWUDFW)XHO8VHU¶V$JUHHPHQWZLWK$YIXHORUWKDWLV specifically authorized in writing, in accordance with authorization procedures established from time to time by Avfuel, to purchase aviation fuel and other products and services. The Customer will secure authorization from Avfuel before completing a sale to a CFC and the failure to obtain such authorization PD\UHVXOWLQ$YIXHO¶VGLVKRQRURIWKHLQYRLFHIRUWKDWVDOH 2. Subject to agreement between Customer and Avfuel, Products supplied hereunder shall be supplied from either Avfuel inventory on site or from Customer inventory. If, as a convenience to Customer, Avfuel maintains LQYHQWRU\ DW &XVWRPHU¶V IDFLOLW\ WKHQ &XVWRPHU DJUHHV WR WKH IROORZLQJ D&XVWRPHUVKDOOPHDVXUH$YIXHO¶VLQYHQWRU\DQGUHFRQFLOHWKDWLQYHQWRU\DWOHDVW monthly. Reconciliation reports, in a form satisfactory to Avfuel, shall be delivered to Avfuel no later than the 5th day following the end of each month. b) Gains and losses shall be allocated proportionally to the parties sharing the storage facility based on receipts of fuel during the month and losses shall be limited to no more than ¼% of total receipts for per annum. Book inventory shall be adjusted to coincide with actual inventory each month. c) Unless the Products are contaminated by an act or omission of Dealer, Avfuel will be liable if the Products do not conform to specifications. If the Products are supplied IURPWKH&XVWRPHU¶VLQYHQWRU\WKH&XVWRPHUZLOOEHOLDEOHLIWKH3URGXFWVGRQRWFRQIRUPWRVSHFLILFDWLRQVG&XVWRPHUVKDOOPDLQWDLQ$YIXHO¶VLQYHQWRU\OHYHO in accordance with Avfuel¶V JXLGHOLQHV DQG VKDOO VSHFLI\ ZKHQ RUGHULQJ IXHOZKHWKHUWKDWIXHOLVIRU&XVWRPHU¶VRU$YIXHO¶VLQYHQWRU\ZKLFKLVVXEMHFWWR approval by Avfuel). 3. Under the CFD Program, all aviation fuel delivered by the Customer to a CFC will be deemed sold by Avfuel and will be at the prices and terms independently established between Avfuel and the CFC If Avfuel maintains an inventory of DYLDWLRQ IXHO DW WKH &XVWRPHU¶V IDFLOLWLHV WKHQ DYLDWLRQ IXHO VXSSOLHG E\ WKH&XVWRPHUWR&)&VZLOOEHGUDZQIURP$YIXHO¶V inventory. If Avfuel does not PDLQWDLQDQLQYHQWRU\RIDYLDWLRQIXHODWWKH&XVWRPHU¶VIDFLOLWLHVWKHQDYLDWLRQIXHOVXSSOLHGWRD&)&LVGUDZQIURPWKH&XVWRPHU¶VLQYHQWRU\DQG$YIXHOZLOO account for that aviation fuel by issuing a credit to the Customer equal to the &XVWRPHU¶VFRVWIRUWKDWDYLDWLRQIXHOLQFOXGLQJDSSOLFDEOHWD[HVEDVHGXSRQWKH&XVWRPHU¶VFRVWIRUWKHODVWORDGRIDYLDWLRQIXHOSXUFKDVHGIURP$YIXHOSULRUWR the date of supply to the CFC. 4. The charges for all aviation fuel supplied to the CFC will be payable solely to Avfuel. Avfuel will be responsible for collecting and remitting any taxes imposed thereon by any local, state or federal taxing authority. Avfuel will invoice and collect those charges and taxes from the CFC. 5. ,Q DOO VDOHV RI DYLDWLRQ IXHO GUDZQ IURP $YIXHO¶V LQYHQWRU\ WLWOH WR WKDW aviation fuel will be retained by Avfuel until the point in time that the aviation fuel enters into the aircraft of the CFC, at which point in time title will pass to the CFC. ,QDOOVDOHVRIDYLDWLRQIXHOGUDZQIURP&XVWRPHU¶VLQYHQWRU\WLWOHWR that aviation fuel will be retained by the Customer until the point in time that the aviation fuel enters into the aircraft of the CFC, at which point in time title will pass instantaneously first to Avfuel and then to the CFC. The risk of loss or contamination of aviation fuel will be borne at each point in time by the party who or which holds title to that aviation fuel at that point in time. If, while Avfuel holds title, any aviation fuel is lost or contaminated as a result of the acts or omissions of the Customer, then the Customer will be liable to Avfuel for that loss or contamination. 6. If the Customer provides any services or products other than aviation fuel to the CFC for which a fee is charged, such other products and services will be GHHPHGVROGE\WKH&XVWRPHUDQGZLOOEHDWWKH&XVWRPHU¶VQRUPDOO\HVWDEOLVKHG rates. Such other products may include, without limitation, lubricants, spare parts, food and other amenities. Such other services may include, without limitation, flowage fees, tie-down services, into-wing services, catering services and similar services that expedite deliveries and facilitate arrangements for the &)&1RFDVKDGYDQFHVZLOOEHSHUPLWWHGDV³RWKHUSURGXFWVRUVHUYLFHV´7KH Customer will supply all such other products or services as an independent contractor to the CFC and not as an agent or a subcontractor of Avfuel. 7. All other products and services that are supplied by Customer to CFCs will be provided in accordance with procedures and quality standards that are commercially reasonable and that comply with all legal requirements in the MXULVGLFWLRQZKHUHWKH&XVWRPHU¶VIDFLOLWLHVDUHORFDWHG&XVWRPHUZLOOEHVROHO\ liable if such other products and services do not conform to such standards, procedures or requirements. 8. The charges for all other products and services supplied by the Customer to the CFC will be payable solely to the Customer. The Customer will be responsible for collecting and remitting any taxes imposed thereon by any local, state or federal taxing authority. Customer may directly invoice and collect such FKDUJHVIURPWKH&)&$OWHUQDWLYHO\DWWKH&XVWRPHU¶VRSWLRQ&XVWRPHUPD\ assign to Avfuel for collection the account receivable from the CFC for other SURGXFWVDQGVHUYLFHVVXSSOLHGE\WKH&XVWRPHUD³&)&5HFHLYDEOH´,IWKH Customer assigns a CFC Receivable to Avfuel, then Avfuel will issue a credit to WKH&XVWRPHU¶VDFFRXQWIRUWKHDPRXQWRIWKDW&)&5HFHLYDEOHDnd Avfuel will thereafter invoice, collect and retain those charges from the CFC. 9. Any fees for any services supplied by the Customer in the delivery of aviation fuel to a CFC, including, without limitation any flowage fees or into-wing fees, will be earned by the Customer only after it has completed delivery of the entire load of aviation fuel into the aircraft of the CFC and title to that aviation fuel has passed to the CFC. Initial into-wing fees are established in the Special Terms and Conditions and Customer may change those fees upon seven (7) days written notice to Avfuel. Attachment number 1Page 9 of 11 FBO Aviation Fuel Supply Agreement Rev 4/10/08 &XVWRPHU¶V,QLWLDOV _________ Page 7 of 8 10. &XVWRPHUZLOOJHQHUDWHDZULWWHQUHFRUGD³7LFNHW´RIDOODYLDWLRQIXHOVXSSOLHG WR D &)& DW WKH &XVWRPHU¶V IDFLOLW\ (DFK 7LFNHW ZLOO LQFOXGH WKHIROORZLQJLQIRUPDWLRQWKH&)&¶VQDPHWKHDXWKRUL]DWLRQQXPEHUSLORW¶VQDPH aircraft registration number; flight or ID number provided by the CFC if applicable, transaction date(s); and type and quantity of fuel products provided, as measured in U.S. gallons. In addition, if the Customer assigns to Avfuel the CFC Receivable for other products and services supplied by the Customer to the CFC, the Customer will include in the Ticket the type and quantity of such other products or services and the charges payable by the CFC for such other products or services. Any charges for such other products or services must be separately stated and clearly identified as fees charged by the Customer that are separate from and independent of the amounts charged by Avfuel for aviation fuel. The pilot or other responsible representative of the CFC shall sign and be given a copy of the completed Ticket. 11. The Ticket (or all information required to be shown on the Ticket) for each sale to a CFC shall be delivered to Avfuel by POS Transmission or facsimile within twenty-four (24) hours following the completion of that sale. The original Tickets shall be kept on file by Customer for a period of five (5) years from the invoice date and will be sent to Avfuel upon request. Avfuel will from time to time provide Customer with instructions for processing these transactions and may provide the forms for doing so. Avfuel reserves the right to change these procedures upon seven (7) days written notice to Customer. 12. The total amount due with respect to each Ticket shall be paid or credited to &XVWRPHU¶VE\$YIXHOZLWKLQGD\VIROORZLQJ$YIXHO¶VUHFHLSWRIWKH7LFNHW 13. Except as provided herein, all Tickets will be accepted by Avfuel without recourse. The exceptions are: a) Customer warrants the validity of all charges, and any charge that is disputed by the CFC, correctly or incorrectly, on grounds that the charge is invalid or inaccurate or that the aviation fuel, products or services supplied were unsatisfactory may be charged back to Customer at $YIXHO¶VRSWLRQEFKDUJHVQRWSUHYLRXVO\DXWKRUL]HGE\$YIXHOPD\EHFharged EDFN WR &XVWRPHU DW $YIXHO¶V RSWLRQ DQG F DQ\ 7LFNHW WKDW LV LQFRPSOHWHLOOHJLEOHRULVRWKHUZLVHQRWSUHSDUHGLQDFFRUGDQFHZLWK$YIXHO¶VSURFHVVLQJ instructions may be charged back to Customer at Avfuel's option. 14. Avfuel reserves the right to amend, suspend, or terminate the CFD Program at any time. Customer may withdraw from the CFD Program at any time upon 60 days Notice to Avfuel. See Section 14 of the General Terms and Conditions UHJDUGLQJ 1RWLFHV 7HUPLQDWLRQ RI &XVWRPHU¶V SDUWLcipation in this Program VKDOOQRWEHFRQVWUXHGDVWHUPLQDWLQJWKH$JUHHPHQWRU&XVWRPHU¶VSDUWLFLSDWLRQ in any other Program. AVSURANCE PRIMARY COMMERCIAL INSURANCE PROGRAM: IF CUSTOMER HAS ELECTED TO PARTICIPATE IN THE AVSURANCE PRIMARY COMMERCIAL INSURANCE PROGRAM, THE FOLLOWING WILL APPLY. 1. Customer has been invited to, and has elected to, participate in the Avsurance Primary Commercial Insurance Program. 2. Customer agrees to file an application and request for a quote for all insurance policies related to its aviation business. All price quotes from Avsurance contain Avsurance proprietary information, are confidential, and may not be disclosed to any person other than employees and agents of Customer with a bona fide need to have such information and that have signed a non-disclosure agreement that is satisfactory to Avsurance. 3. Customer may accept or reject any quote for an individual policy, and the acceptance of any specific quote shall not be conditioned on the acceptance of any other quote. 4. 8SRQ&XVWRPHU¶VDFFHSWDQFH$YVXUDQFHZLOOELQGWKHFRYHUDJHDQGKDYHWKH policy issued in due course. 5. Avfuel reserves the right to amend, suspend, or terminate the program at any time. Termination of this Program shall not be construed as terminating the $JUHHPHQWRU&XVWRPHU¶VSDUWLFLSDWLRQLQDQ\RWKHU3URJUDP EQUIPMENT LEASE: ,)&86720(5+$6(/(&7('723$57,&,3$7(,1$9)8(/¶6 EQUIPMENT LEASING PROGRAM, THE FOLLOWING WILL APPLY. 1. &XVWRPHUKDVHOHFWHGWRSDUWLFLSDWHLQ$YIXHO¶V(TXLSPHQW/HDVH3URJUDP Accordingly, Avfuel, either for its own account or through one of its subsidiaries, agrees to deliver and lease the equipment identified in the Special 7HUPVDQG&RQGLWLRQVWKH³(TXLSPHQW´DWWKHOHDVHUDWHVVKRZQLQWKH6SHFLDO Terms and Conditions to Customer for its sole use. All additional equipment or replacement equipment delivered to Customer but not listed in the Special Terms and Conditions shall also constitute Equipment subject to the provisions of this section. For example, Customer may lease POS equipment from Avfuel at the then current lease price. Customer hereby agrees to pay Avfuel in advance the monthly lease payments prorated for any partial month. Avfuel may increase the rent during the term of the Lease upon 30 days written notice. Customer shall be permitted to notify Avfuel within the first 15 days of that notice period of its intention to terminate the lease effective on the date that the increase goes into effect. If Avfuel rescinds the rate increase, the lease shall continue in effect at the then current rates. If it does not rescind the increase, the lease shall expire on the date the increase goes into effect. Unless otherwise agreed, the term of the OHDVHRIHDFKLWHPRI(TXLSPHQWD³/HDVH´VKDOOFRUUHVSRQGWRWKHWHUPRIWKLV Agreement. 2. Customer shall inspect the Equipment and shall make a written note as to any defects that are observed. A copy of all such notes shall be faxed to Avfuel within forty eight (48) hours of delivery. Upon termination of a Lease, Customer shall return the Equipment, freight prepaid to Avfuel's place of business in Ann Arbor, Michigan in as good condition as when Customer received it, normal wear and tear accepted. Failure to return the Equipment shall be deemed a breach of this Agreement and Customer will be billed for necessary repairs and the replacement of missing equipment. 3. Avfuel warrants that it has all necessary rights to lease said Equipment to Customer. Further, the parties agree that as between themselves, Avfuel has title to the Equipment and Customer shall keep the Equipment free of liens and shall not do or permit anything to be done that will prejudice the title of Avfuel, or it's rights in the Equipment. Each item of Equipment shall bear a legend denoting it as the property of Avfuel and Customer shall not remove or deface that legend under any circumstances. Customer also agrees and understands that Avfuel may file such evidence of its ownership of the equipment as may be necessary in the state where the equipment is located. AVFUEL MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, REGARDING DEFECTS IN MATERIAL, WORKMANSHIP, DESIGN, CAPACITY, MERCHANTABILITY OR FITNESS OF THE EQUIPMENT FOR ANY PURPOSE, OR WHICH EXTEND BEYOND THE DESCRIPTION OF THE EQUIPMENT THAT APPEARS IN THE SPECIAL TERMS AND CONDITIONS. 4. Any of the Equipment that is used to store or transport Products shall be used solely for storing or transporting Products supplied to Customer under this Agreement. The Equipment shall not be moved from the facility to which it was delivered nor operated on any public road without the prior written consent of Avfuel. Customer will comply with all laws, ordinances and regulations applicable to the possession, operation or use of the Equipment and will demonstrate compliance upon request. 5. The maintenance obligations with regard to the Equipment are as follows. 5.1. Except as set forth in Section 5.2 below, Customer will maintain the Equipment in as good a condition as it was on the day of delivery, normal wear and tear excepted. Customer shall, at its sole expense, provide all preventative maintenance (including but not limited to lubrication, oil and filter changes, etc.), repairs, and replacement parts as are necessary to preserve the Equipment in good operating condition and in compliance and in conformity with all laws, rules, regulation, and industry standards which are applicable to the operation of the Equipment. Customer shall also be responsible for all tire maintenance, repair, and replacement. CHANGING A TIRE ON A REFUELER TRUCK IS VERY DANGEROUS AND MUST NOT BE ATTEMPTED BY UNTRAINED PERSONNEL. CUSTOMER AGREES THAT IT WILL PERMIT TIRES TO BE CHANGED ONLY BY AN OUTSIDE CONTRACTOR WHO IS PROFESSIONALLY TRAINED TO DO SUCH WORK. Customer shall keep complete and accurate maintenance records and Avfuel is entitled to inspect the Equipment and the maintenance records at any WLPHGXULQJUHJXODUEXVLQHVVKRXUV$W$YIXHO¶VRSWLon, any item of repair or maintenance that would be the responsibility of Customer may be performed by Avfuel and billed back to Customer as additional rent. Customer shall not make any alterations or modifications to the Equipment of any kind including but not limited to painting, mounting of radios or antennas, applying decals or lettering without the prior express written consent of Avfuel. Attachment number 1Page 10 of 11 FBO Aviation Fuel Supply Agreement Rev 4/10/08 &XVWRPHU¶V,QLWLDOV _________ Page 8 of 8 5.2 Avfuel shall be responsible for the following refueler truck repairs when, in its opinion, repair is necessary: overhauls or replacement of the engine, transmission, differential, or belly valve. Avfuel shall be permitted access to the Equipment at any reasonable time in order to perform the repairs and modifications, which are its obligation hereunder. Repairs and maintenance to be performed by Avfuel shall be completed within a reasonable time after it learns of the need for such repairs. Avfuel assumes no responsibility for loss of use or any other items of ancillary damage, which may be caused by, or result to Customer by reason of the fact that the Equipment becomes inoperable. If any such repair or maintenance is required as the result of intentional conduct, negligence, or failure to perform repair or maintenance on the part of Customer or any of Customer's agents or employees, Customer shall be liable for all costs associated with performing such repairs and/or maintenance. 6. Customer shall be responsible for all Federal, State, and Local taxes, fees, etc. that are assessed on the use or value of the Leased Equipment, including but not limited to, personal property, sales, and use taxes. 7. CUSTOMER AGREES TO INDEMNIFY AND HOLD AVFUEL AND/OR THE OWNER OF THE EQUIPMENT HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES (INCLUDING ATTORNEY'S FEES), OBLIGATIONS AND CAUSES OF ACTION FOR INJURY TO OR DEATH OF ANY AND ALL PERSONS, OR FOR DAMAGE TO OR DESTRUCTION OF ANY OR ALL PROPERTY ARISING OUT OF OR RESULTING FROM THE CONDITION, EXISTENCE, USE OR MAINTENANCE OF THE EQUIPMENT. Attachment number 1Page 11 of 11 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 1 December 29,2008 Ms. Geri A. Sams, Procurement Director 530 Green Street, Room 605 Augusta, Georgia 3090 1 Dear Geri, Subject: Recommendation for awarding Bid Item# 08-1744 Aviation Fuel Supplier for Augusta Regional Airport. An evaluation committee of personnel hm the Augusta Regional Airport at Bush Field and the Procurement Department has concluded the bid evaluation process for the selection of an Aviation Fuel Supplier for Augusta Regional Airport. The committee reviewed proposals from Avfuel Corporation, Conoco-Phillips, Eastern Aviation, and Western Pefroleum. Atter review of the compliant proposals, Avfuel Corporation received the most points as providing the most services for the best cost. Avfuel Corporation's bid was in compliance with the Augusta Georgia Procurement Department's bid requirements and fully met the airport's fuel supplier specifications without exceptions. The Augusta Aviation Commission approved the selection of AvfUel Corporation as the "p"'s fuel supplier on October 3om and ajproved Avfuel Co@on's contritct on Ikcember I I . The airport's legal counsel has approved the coniract. Therefore, I recommend that Ahel Cbqmlion be awarded the fuel supplier contract. Sincerely, / -- __-- C- --. Tammy S Interim Airport Director Augusta Regional Airport at Bush Field cc: Tim Weegar Bill Thompson Attachment number 5Page 1 of 1 Attachment number 6Page 1 of 2 Attachment number 6Page 2 of 2 Attachment number 7Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Exterior Painting at the Old Government House Department:Tom F. Beck, Director, Recreation and Parks Department Caption:Motion to approve Bid Item 08-159A, Exterior Painting at the Old Government House to Morris Insulation for $28,300. (Approved by Public Services Committee January 12, 2009) Background:Funding for improvements to the Old Government House have been approved and identified in SPLOST Phase V. Analysis:A total of 15 vendors were notified of this project. Four bids were received of which two (2) were deemed non-compliant by Procurement. Upon review, the low responsive bidder to meet spcifications (Morris Insulation) is being forwarded to the Commission for approval. Financial Impact:Funds are currently in place to cover the expenditures associated with this bid item. Alternatives:1. To Approve. 2. Move no action, thus delaying the much needed improvement project identified by staff. Recommendation:1. To Approve Bid Item 08-159A to Morris Insulation for $28,300. Funds are Available in the Following Accounts: SPLOST V 325061110-208065030 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 3 Attachment number 3Page 2 of 3 Attachment number 3Page 3 of 3 Attachment number 4Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Limelight Cafe Department: Caption:Motion to ratify letter authorizing the License & Inspections Department to issue a probationary Alcohol License for Sunday Sales to Limelite Cafe. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Otis Elevator Contract Department:Augusta Regional Airport Caption:Motion to approve the contract between Otis and Augusta Regional Airport for maintenance of the two elevators in the main terminal leading to airport administration. (Approved by Public Services Committee January 12, 2009) Background:The elevators in the main terminal leading up to the administration office were installed last year and are still under warranty until November 28, 2008. At that time we will need to have a maintenance contract to provide any annual inspections of the elevators and the equipment attached to them as required by law. This contract will also insure if anything was to happen we will have someone respond in a timely manner and repair the equipment. These elevators were purchased through Otis, which makes them a sole source for the contract. Analysis:This contract is for 5 years with automatic renewals every five years unless notified 90 – 120 days prior to expiration. Financial Impact:$425.00 per month to be paid annually ($5,100) Alternatives:Deny request. Recommendation:Approve Request. Funds are Available in the Following Accounts: 551/5223111 $425 for remainder of 2008 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Transit Rural Grant 5311 Department: Caption:Motion to renew the Sec. 5311 Rural Transit grant application between the Georgia Department of Transportation (GDOT) and Augusta, Georgia from July 2009 to June 2010. (Approved by Public Services Committee January 12, 2009) Background:The Augusta-Richmond County Commission annually approves Augusta Public Transit’s Sec. 5311 Rural Transit grant application to providing rural transportation service to the citizens of Augusta-Richmond County. Analysis:The renewal of this contract will allow Augusta Public Transit to continue providing rural transportation service to the citizens of rural Augusta- Richmond County. Financial Impact:The Augusta-Richmond County share of the budget for 2009 and ½ of 2010 should be approximately $126,704. Alternatives:None. By not approving this application, citizens of rural Augusta- Richmond County will lose the only public transportation available to them. Recommendation:Approve the submission of the grant. Funds are Available in the Following Accounts: Rural Transit Budget for 2009 and ½ of 2010. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 2 Attachment number 4Page 2 of 2 Commission Meeting Agenda 1/22/2009 1:00 PM Transit Service Changes Department:Augusta Public Transit Caption:Motion to approve an increase in transit fares to $1.25 and transfer fare to $.50, that Saturday service not be eliminated, that a report be given to the committee in six months regarding the effect of the increases and support state legislation to allow the city to enter into an agreement either regionally and specifically in Augusta whereby a portion of the sales tax would be dedicated to transit. (Approved by Public Services Committee January 12, 2009) Background:Augusta PublicTransit was mandated to increase revenue and decrease expenses by $1.5 million. Transit proposed to do this by the elimination of Saturday service, elimination of transfers and increase fares. When there is a call to increase fares, there is a mandate by the Federal Transit Administration that a public hearing be held. This hearing was held December 18, 2008 and approximately 225 people were in attendance. Analysis:There was an out cry to not eliminate Saturday service, or transfers. They were for the most okay with a fare increase. There has not been a fare increase since 2001. Financial Impact:Reduced expenses and increase fares. Alternatives:1. To maintain Transit services as is. 2. To modify the changes that was proposed. Recommendation:Approve the proposed changes. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM W. McKellar Logging Contract Department:Augusta Regional Airport Caption:Motion to approve the contract between W. McKellar Logging and Augusta Regional Airport for the removal of trees impeding the view of the approach end of runway 26. (Approved by Public Services Committee January 12, 2009) Background:Several years ago the airport purchased land across from the river to protect the approach end of runway 26 from and development of high rise buildings etc. Since the purchase, the trees on the property have grown and have begun to impede the veiw of the aircraft landing on the runway from that direction. It was recommended that these trees be trimmed to a lower slope for safety purposes. The aiprort put out an RFP to have the trees removed from this. The Augusta Aviation Commission at their August 28, 2008 meeting approved W. McKellar Logging as the company to remove the trees. Analysis:The removal of these trees will remove any visible obstructions from the pilots on their approach and satisfy the FAA's safety requirements. Financial Impact:The cost of the tree removal is $40,000 of which the airport will apply for a grant to cover 95%. Alternatives:Deny request. Recommendation:Approve request. Funds are Available in the Following Accounts: 551 08 1301-5412110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 4 Regional Airport Augusta Aviation Commission August 28,2008 Minutes Commission: Mr. Cedric Johnson, Mr. Frank Bowman, Ms. Lourdes Coleman, Mr. Lowell Dom, Rev. Karlton Howard, Mr. Jim Jatho, and Mr. Bernard Silverstein Absent: Ms. Venus Cain, Mr. Brad Kyzer, Ms. Jacinda Norvell, and Mr. Joe L. Scott Staff: Ms. Tamrny Strange, Mr. Tim Weegar, Ms. Diane Johnston, Ms. Vishakha Vyas, Mr. Tommy Story, Sgt. Steve Johnson, Mr. Bill Thompson, and Ms. Julie Orwen Others: Ms. Stephanie Jones, Attorney; Ms. Bonnie Cox, CB&H; Mr. Jack Mayfield, Campbell & Paris; Mr. Don Blessing, Airport Consultant; Mr. Michael Rorick, Columbia County Airport Authority/LEPC Committee; Mr. George Eskola, News 6 WJBF Mr. Johnson opened the meeting at 10: 10 a.m. with Rev. Howard saying prayer. Mr. Johnson asked if there was any additions or deletions to August 28, 2008 Meeting Agenda and requested the audit report by Ms. Bonnie Cox of Cherry Bekaert & Holland, LLP, a Memorandum of Agreement regarding Global Medic, and the US Department of Energy Contract - Option One be added. Motion: Motion made by Mr. Silverstein and seconded by Mr. Jatho to approve the August 28, 2008 Aviation Commission Meeting Agenda with the addition of the audit report by Ms. Bonnie Cox of CB&H, a Memorandum of Agreement regarding Global Medic, and the US Department of Energy Contract - Option One was approved. Attachment number 1Page 1 of 4 Augusta Aviation Commission ~&utes of August 28,2008 Page 2 of 4 1. Consent Agenda Mr. Johnson asked for any additions or deletions to the August 28, 2008 Aviation Commission Consent Agenda. Motion: Motion made by Mr. Silverstein and seconded by Rev. Howard to approve the August 28, 2008 Aviation Commission Consent Agenda, items 1A through 1E and authorize the Chairman to sign the minutes of their July 3 1,2008 Meeting was approved. Ms. Bonnie Cox presented the 2007 Audit Report stating that the airport staff was doing a great job handling the finances. The operating revenues, which are controlled by the increase or decrease in fuel sales, are up almost $400,000. 2. Terminal Construction Project Update, Mr. Don Blessing Mr. Blessing updated the Commission on the progress of the terminal stating Phase 3 was 98% complete and Phase 4 90%, including the gardens and electrical issues. It wil.1 be approximately three to four weeks until they are completely done which includes the punch list. The biggest delays are ordering the necessary items to complete the project. Fuel costs have minimized shipping. 3. July 2008 Financial Statements Ms. Vyas briefed the Commission regarding the July 2008 financials stating that the operations are doing well with enplanements up 25.5% and total passengers up 26% from July 2007. Enplanements are up 11% over last year. Operating income YTD is approximately $2,284,000, almost $19,000 higher than last year at this time. YTD net income is approximately $2,491,000, with net income hm the sale of he1 approximately $2,061,000. Capital expenses paid YTD is approximately $1,831,000. Aged receivables are up to date. Motion: Motion made by Mr. Jatho and seconded by Ms. Coleman to accept the July 2008 Financial Statements as presented by Vishakha Vyas was approved. 4. Airfield Signage Rehabilitation Project Contract This contract was awarded to Walker & Whiteside, Inc. by the Augusta Aviation Commission at their June 26, 2008 meeting with the recommendation that it be brought back before the Commission after legal review and approval. The total cost of the project is $282,286.00 and has been programmed for 95% funding by the FAA, 2.5 % by the GDOT, and 2.5% by the airport. Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Augusta Aviation Commission Minutes of August 28,2008 Page 4 of 4 It was requested that Mr. Weegar check for grants to assist with the cost of the project and Ms. Strange set a meeting up (date, time, and location) with Mr. Fred Russell, City Administrator to discuss the issue and determine what can actually be done considering the season is upon us again. Ms. Strange also informed the Commission that the Operations Center is now up and running. 9. Other Business - Aviation Commission Chairman, Cedric Johnson With no other business, the meeting was adjourned at 11:03 a.m. Motion: Motion made by Mr. Silverstein seconded by Mr. Jatho to adjourn the meeting was approved. (A Q& Chairperson, ~u6sta Aviation Commission ~/a~~/aod < Date Attachment number 1Page 4 of 4 &w&bPage AGREEMENT FOR SERVICE THIS AGREEMENT FOR SERVICE (this "Agreement") dated this 12th day of August, 2008 BETWEEN City of Augusta/ Augusta Regional Airport Richmond County Georgia Accounting Department-Room 105 City-Municipal Building 530 Green St, Augusta, Georgia, 30901 (the "Customer") OF THE FIRST PART -AND- William McKellar of 5151 Hwy 220 West, Lincolnton, Georgia, 30817 (the "Service Provider") OF THE SECOND PART BACKGROUND: A. The Customer is of the opinion that the Service Provider has the necessary qualifications, experience and abilities to provide services to the Customer. B. The Service Provider is agreeable to providing such services to the Customer on the terms and conditions set out in this Agreement. IN CONSIDERATION OF the matters described above and of the mutual benefits and obligations set forth in this Agreement, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows: Services Provided 1. The Customer hereby agrees to engage the Service Provider to provide the Customer with services (the "Services") consisting of Cut down and remove several hundred of trees on airport property located on the South Carolina side on the Savannah River and cut down and remove dozens of trees on the Georgia side of the Savannah River ( apporach end of Runway 26 ). The Services will also include any other tasks which the parties may agree on. The Service Provider hereby agrees to provide such Services to the Customer. Term of Agreement 2. The term of this Agreement will begin on the date of this Agreement and will remain in full force and effect until the completion of the Services, subject to earlier termination as provided in this Agreement, with the said term being capable of extension by mutual written agreement of the parties. Performance 3. The parties agree to do everything necessary to ensure that the terms of this Agreement take effect. Compensation 4. For the services rendered by the Service Provider as required by this Agreement, the Customer will pay to &u& Attachment number 2Page 1 of 4 &w&bPage the Service Provider compensation amounting to $40000.00. 5. This compensation will be payable upon completion of the agreed to services. 6. The Customer is entitled to deduct from the Service Provider's compensation any applicable deductions and remittances as required by law. Confidentiality 7. The Service Provider agrees that they will not disclose, divulge, reveal, report or use, for any purpose, any confidential information with respect to the business of the Customer, which the Service Provider has obtained, except as may be necessary or desirable to further the business interests of the Customer. This obligation will survive indefinitely upon termination of this Agreement. Non-Competition 8. Other than with the express written consent of the Customer, which will not be unreasonably withheld, the Service Provider will not, during the continuance of this Agreement, be directly or indirectly involved with a business which is in direct competition with the particular business line of the Customer, divert or attempt to divert from the Customer any business the Customer has enjoyed, solicited, or attempted to solicit, from other individuals or corporations, prior to termination of this Agreement. Non-Solicitation 9. Any attempt on the part of the Service Provider to induce to leave the Customer's employ, or any effort by the Service Provider to interfere with the Customer's relationship with its employees or other service providers would be harmful and damaging to the Customer. Ownership of Materials 10. All materials developed, produced, or in the process of being so under this Agreement, will be the property of the Service Provider. 11. The Service Provider may retain use of the said materials and will be responsible for damages resulting from their use for work other than services contracted for in this Agreement. Return of Property 12. Upon the expiry or termination of this Agreement, the Service Provider will return to the Customer any property, documentation, records, or confidential information which is the property of the Customer. Assignment 13. The Service Provider will not voluntarily or by operation of law assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Customer. Capacity/Independent Contractor 14. It is expressly agreed that the Service Provider is acting as an independent contractor and not as an employee in providing the Services under this Agreement. The Service Provider and the Customer acknowledge that this Agreement does not create a partnership or joint venture between them, and is exclusively a contract for service. Modification of Agreement &u& Attachment number 2Page 2 of 4 &w&bPage 15. Any amendment or modification of this Agreement or additional obligation assumed by either party in connection with this Agreement will only be binding if evidenced in writing signed by each party or an authorized representative of each party. Notice 16. All notices, requests, demands or other communications required or permitted by the terms of this Agreement will be given in writing and delivered to the parties of this Agreement as follows: a. City of Augusta/ Augusta Regional Airport Richmond County Georgia Accounting Department-Room 105 City-Municipal Building 530 Green St, Augusta, Georgia, 30901 b. William McKellar 5151 Hwy 220 West, Lincolnton, Georgia, 30817 Fax Number: 706-359-1259 Email: shrnbryn@yahoo.com or to such other address as to which any Party may from time to time notify the other. Costs and Legal Expenses 17. In the event that legal action is brought to enforce or interpret any term of this Agreement,both parties will each be responsible for their own costs and fees associated with the action. Time of the Essence 18. Time is of the essence in this Agreement. No extension or variation of this Agreement will operate as a waiver of this provision. Entire Agreement 19. It is agreed that there is no representation, warranty, collateral agreement or condition affecting this Agreement except as expressly provided in this Agreement. Limitation of Liability 20. It is understood and agreed that the Service Provider will have liability to the Customer or any other party for any loss or damage (whether direct, indirect, or consequential) which may arise from the provision of the Services. Indemnification 21. The Service Provider will indemnify and hold the Customer harmless from any claims against the Customer by any other party, arising directly or indirectly out of the provision of the Services by the Service Provider. Enurement 22. This Agreement will enure to the benefit of and be binding on the parties and their respective heirs, executors, administrators, successors and permitted assigns. &u& Attachment number 2Page 3 of 4 &w&bPage Currency 23. Except as otherwise provided in this Agreement, all monetary amounts referred to in this Agreement are in United States dollars. Titles/Headings 24. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Gender 25. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. Governing Law 26. It is the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance and overned to the exclusion of the law of an other forum b the laws of the State of Georia wit It s the intention of the parties to this Agreement that this Agreement and the performance under this Agreement, and all suits and special proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the State of Georgia, withou regard to the jurisdiction in which any action or special proceeding may be instituted. Severabilit 27. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. Waiver 28. The waiver by either party of a breach, default, delay or omission of any of the provisions of this Agreement by the other party will not be construed as a waiver of any subsequent breach of the same or other provisions. IN WITNESS WHEREOF the parties have duly executed this Service Agreement this 1 1th day of December, 2008. SIGNED, SEALED AND DELIVERED in the presence of Qr\ J\ft .Ui Witness O William McKellar City of Augusta/ Augusta Regional Airport Per: (Corp seal) Witness ©2002-2008 LawDepot™ &u& Attachment number 2Page 4 of 4 Commission Meeting Agenda 1/22/2009 1:00 PM Amendments to the Local Small Business Opportunities Ordinance Department:Disadvantaged Business Enterprise (DBE) Caption:Motion to approve an Ordinance to amend the Augusta-Richmond County Local Small Business Opportunity Program (LSBOP) Ordinance, enacted in March 2008, so as to further clarify the intent and facilitate implementation of said ordinance; to amend the Augusta-Richmond County Code of Ordinances Title 1, Article 7, Sections 1-10-61(B)(2), 1-10-61(B)(15), Section 1-10-65(A)(2), Section 1-10-65(A)(5), Section 1-10-65(A)(6), Section 1-10-65(A)(6)(A); to repeal conflicting ordinances; and for other purposes. (Approved by Administrative Services Committee January 12, 2009) Background:Augusta-Richmond County enacted its LSBOP Ordinance in March 2008 to attract and facilitate the inclusion of small businesses located within Augusta-Richmond County in all aspects of the County's procurement processes. This ordinance is race and gender-neutral in its scope and application. The current ordinance seeks to make further refinements and clarifications to the LSBOP Ordinance to enhance efficiency in the procurement process. Analysis:This ordinance amends selected sections within the LSBOP Ordinance to revise definitions for increased clarity and consistency, to clarify and streamline requirements of the bid process as it relates to local small businesses, and to make certain documents available electronically to reduce the volume of paper generated in the procurement process. Financial Impact:None Alternatives:Inaction, which could result in confusion among bidders. Recommendation:Discuss and approve the amendments to the Local Small Business Opportunities Program Ordinance. Funds are Available in the Following Accounts: Not applicable. REVIEWED AND APPROVED BY:Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo ATLANTA:5051022.4 AN ORDINANCE TO AMEND THE AUGUSTA- RICHMOND COUNTY LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM ORDINANCE SO AS TO FURTHER CLARIFY THE INTENT AND IMPLEMENTATION OF SAID ORDINANCE; TO AMEND AUGUSTA-RICHMOND COUNTY CODE OF ORDINANCES TITLE 1, ARTICLE 7, SECTIONS 1-10- 61(b)(2), 1-1061(b)(15), SECTION 1-10-65(A)(2), SECTION 1- 10-65(A)(5), SECTION 1-10-65(A)(6), SECTION 1-10- 65(A)(6)(A); TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. WHEREAS, it is the policy of Augusta-Richmond County that all necessary and reasonable steps shall be taken to ensure that local small business enterprises have the maximum opportunity to compete for and participate in all contracts and subcontracts funded by or through Augusta-Richmond County government; and WHEREAS, to implement that policy the Augusta-Richmond County Commission enacted the Augusta-Richmond County Local Small Business Opportunities Program (“LSBOP”) Ordinance which became effective on March 3, 2008; and WHEREAS, the LSBOP Ordinance is intended to promote opportunities for registered Local Small Business to participate in Augusta-Richmond County’s contracting and procurement activities; and WHEREAS, through the implementation of the ordinance several administrative changes have been noted which would enhance the ability of those Local Small Businesses to avail themselves of the program, while increasing efficiency for departments administering various aspects of the ordinance. THE AUGUSTA-RICHMOND COUNTY COMMISSION DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE: That Title 1, Article 7, of the Code of Ordinances be amended by deleted the existing language of Sub-Section 1-10- 61(b)(2)(Definitions), which currently reads as follows: Certified Local Small Business – any business entity certified by the DBE Coordinator, providing goods or services, which has its principal office and place of doing business in Augusta-Richmond County; with gross annual receipts being less than $500,000; and whose owners meet the personal net worth threshold, all as defined herein. The term Local Small Business shall also include a manufacturer with seventy-five (75) employees or less or wholesaler with fifty (50) employees or less without regard to gross revenues. Attachment number 1Page 1 of 4 ATLANTA:5051022.4 and inserting in lieu thereof the following as a new Sub-Section 1-10- 61(b)(15) which shall read as follows: Registered Local Small Business – any business entity registered by the DBE Coordinator, providing goods or services, which has its principal office and place of doing business in Augusta-Richmond County; with gross annual receipts being less than $500,000; and whose owners meet the personal net worth threshold, all as defined herein. The term Local Small Business shall also include a manufacturer with seventy-five (75) employees or less or wholesaler with fifty (50) employees or less without regard to gross revenues. SECTION TWO: That Title 1, Article 7 of the Code of Ordinances be amended by deleting the existing language of Sub-Section 1-10-65(A)(2) (Local Small Business Opportunities Program Participation) which currently reads as follows: With the bid, each bidder will be required to state if it intends to subcontract any part of the work. Prior to award of contract where the apparent low bidder indicated plans to subcontract, the bidder shall be required to provide documentation of Good Faith Efforts to engage LSB’s as subcontractors or suppliers, the names of LSB’s and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed. and inserting the following new language in lieu thereof: Each bidder shall be required to provide documentation of Good Faith Efforts to engage LSB’s as subcontractors or suppliers, the names of LSB’s and other subcontractors to whom it intends to award subcontracts, the dollar value of the subcontracts, and the scope of the work to be performed, recorded on the form(s) provided or made available as part of the bid package. If there are no sub-contracting opportunities, bidder shall so indicated on the appropriate form. SECTION THREE: That Title 1, Article 7, of the Code of Ordinances be amended by deleted the existing language of Sub-Section 1-10-65(A)(5) (Local Small Business Opportunities Program Participation), which currently reads as follows: Within thirty (30) days of the adoption of this Ordinance, the Procurement Department will include a copy of this ordinance in each bid or proposal. Attachment number 1Page 2 of 4 ATLANTA:5051022.4 and inserting the following new language in lieu thereof: Within thirty (30) days of the adoption of this Ordinance, the Procurement Department will include a copy of this ordinance in each bid or proposal or shall publish and make available an internet link at which the LSBOP Ordinance and related forms may be found on the official website of Augusta-Richmond County. SECTION FOUR: That Title 1, Article 7 of the Code of Ordinances be amended by deleting the existing language of Sub- Section 1-10-65(A)(6) (Local Small Business Opportunities Program Participation), which currently reads as follows: All bid documents shall require bidders or proponents to submit with their bid in a separate sealed envelope the following: and inserting the following new language in lieu thereof: All bid documents shall require bidders or proponents to submit with their bid the following written documents, statements or forms, which shall be substantially similar to those attached to this ordinance as Exhibit “A,” and as shall be made available by the Procurement Department. SECTION FIVE: That Title 1, Article 7 of the Code of Ordinances be amended by deleted the existing language of Sub-Section 1-10- 65(A)(6)(a)(Local Small Business Opportunities Program Participation), which currently reads as follows: Non-Discrimination Statement which shall affirm the bidder’s: (i) adherence to the policies of Augusta-Richmond County relating to equal opportunity in contracting; (ii) agreement to undertake certain measures as provided in this policy to ensure maximum practicable participation of local small businesses; and (iii) agreement not to engage in discriminatory conduct of any type against LSB’s. and inserting the following new language in lieu thereof: Non-Discrimination Statement which shall affirm the bidder’s: (i) adherence to the policies of Augusta-Richmond County relating to equal opportunity in contracting; (ii) agreement to undertake certain measures as provided in this Attachment number 1Page 3 of 4 ATLANTA:5051022.4 policy to ensure maximum practicable participation of local small businesses; and (iii) agreement not to engage in discriminatory conduct of any type. SECTION SIX: That all ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. The foregoing Ordinance is hereby adopted by the Augusta-Richmond County Commission this ______ day of ___________, 200__. David S. Copenhaver Mayor ATTEST: Clerk First Reading: Second Reading: Attachment number 1Page 4 of 4 Exhibit “A” to Ordinance No. 7035 Local Small Business Opportunity Program (LSBOP) Bid Package Forms Attachment number 2Page 1 of 1 Or d i n a n c e N o . 7 0 3 5 Fe b r u a r y 1 9 , 2 0 0 8 AUG U S T A -R IC H M O N D COU N T Y LOC A L SMA L L BUS I N E S S OPP O R T U N I T Y PRO G R A M LS B S U B C O N T R A C T O R / S U P P L I E R U T I L I Z A T I O N P L A N At t e n t i o n B i d d e r / P r o p o n e n t : L i s t a l l AR C Re g i s t e r e d Lo c a l S m a l l B u s i n e s s s u b c o n t r a c t o r s / s u p p l i e r s , i n c l u d i n g l o w e r t i e r s , t o b e u s e d i n t h e P r o j ec t . Na m e o f Su b c o n t r a c t o r / S u p p l i e r Co m p a n y N a m e , Ad d r e s s a n d P h o n e Nu m b e r Sc o p e o f W o r k to b e Pe r f o r m e d AR C Bu s i n e s s Li c e n s e ? Ye s o r N o AR C L S B O P Re g i s t r a t i o n N o . an d E x p i r a t i o n Da t e Do l l a r ( $ ) Va l u e o f Wo r k Pe r c e n t a g e o f To t a l B i d Am o u n t Co m p a n y N a m e _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ P r o j e c t N a m e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ C o n t r a c t # : _ _ _ _ _ _ _ _ _ _ _ _ _ _ Si g n a t u r e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D a t e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Th i s f o r m MU S T b e s i g n e d , d a t e d a n d s u b m i t t e d w i t h b i d p a c k a g e Ev e n i f t h e r e a r e n o s u b c o n t r a c t i n g o p p o r t u n i t i e s , t h i s f o r m m u s t b e c o mp l e t e d b y w r i t i n g “ N / A . ” Qu e s t i o n s : C o n t a c t M s . Y v o n n e G e n t r y – O f f i c e : ( 7 0 6 ) 8 2 1 - 2 4 0 6 o r F a x : ( 7 0 6 ) 8 2 1 - 4 2 2 8 Attachment number 3Page 1 of 1 Or d i n a n c e N o . 7 0 3 5 Fe b r u a r y 1 9 , 2 0 0 8 AUG U S T A -R IC H M O N D COU N T Y LOC A L SMA L L BUS I N E S S OPP O R T U N I T Y PRO G R A M GO O D F A I T H E F F O R T S SU B C O N T R A C T O R & S U P P L I E R C O N T A C T F O R M At t e n t i o n B i d d e r / P r o p o n e n t : L i s t a l l s u b c o n t r a c t o r s o r s u p p l i e r s t h a t w e r e c o n t a c t e d r e g a r d i n g t h i s p r o j e c t . ( U s e a d d i t i o n a l s h e e t s a s n e c e s s a r y . ) Na m e o f Su b c o n t r a c t o r / S u p p l i e r Su b c o n t r a c t o r / S u p p l i e r Na m e , A d d r e s s a n d P h o n e Nu m b e r Au g u s t a - Ri c h m o n d Co . B u s i n e s s Li c e n s e ? (Y e s o r N o ) Sc o p e o f W o r k So l i c i t e d Lo c a l S m a l l Bu s i n e s s ? AR C L S B O P Re g i s t r a t i o n N o . Re s u l t s o f C o n t a c t Bi d d e r / P r o p o n e n t ’ s _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Pr o j e c t N a m e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ B i d # : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Si g n a t u r e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D a t e : _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Th i s f o r m MU S T b e s i g n e d , d a t e d a n d s u b m i t t e d w i t h b i d p a c k a g e Ev e n i f t h e r e a r e n o s u b c o n t r a c t i n g o p p o r t u n i t i e s , t h i s f o r m m u s t b e c o mp l e t e d b y w r i t i n g “ N / A . ” Qu e s t i o n s : C o n t a c t M s . Y v o n n e G e n t r y – O f f i c e : ( 7 0 6 ) 8 2 1 - 2 4 0 6 o r F a x : ( 7 0 6 ) 8 2 1 - 4 2 2 8 Attachment number 4Page 1 of 1 Or d i n a n c e N o . 7 0 3 5 Fe b r u a r y 1 9 , 2 0 0 8 AU G U S T A - R I C H M O N D C O U N T Y - L O C A L S M A L L B U S I N E S S O P P O R T U N I T Y P R O G R A M MO N T H L Y S U B C O N T R A C T O R / S U P P L I E R U T I L I Z A T I O N R E P O R T Li s t a l l s u b c o n t r a c t o r s / s u p p l i e r s , i n c l u d i n g l o w e r t i e r s , t o b e u s e d o n t h i s p r o j e c t . P R O J E C T N A M E _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ P R O J E C T N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ B A S E B I D $ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ R E P O R T P E R I O D F R O M _ _ _ _ _ _ _ _ _ _ _ _ _ T O _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 __ _ _ P R O P O S E D L S B U T I L I Z A T I O N _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ % NA M E O F S U B - C O N T R A C T O R / SU P P L I E R CO M P A N Y N A M E , A D D R E S S , AN D P H O N E # CO N T R A C T AM O U N T TY P E O F W O R K PE R F O R M E D LS B B U S I N E S S YE S / N O AM O U N T EA R N E D T H I S PE R I O D AM O U N T EA R N E D T O DA T E PE R C E N T A G E OF T O T A L B I D AM O U N T TO T A L S T o t a l L S B % _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ CO N T R A C T O R : A U T H O R I Z E D S I G N A T U R E _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ PA Y R E Q U E S T N O . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ P E R C E N T A G E O F T O T A L C O N T R A C T C O M P L E T E D T O D A T E _ _ _ _ _ _ _ _ _ _ _ _ % D A T E _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Th i s f o r m i s t o b e s u b m i t t e d M O N T H L Y b y t h e s u c c e s s f u l v e n d o r o n l y – a f t e r t h e b i d i s a w a r d e d . Qu e s t i o n s : C o n t a c t M s . Y v o n n e G e n t r y – O f f i c e : ( 7 0 6 ) 8 2 1 - 2 4 0 6 o r F a x : ( 7 0 6 ) 8 2 1 - 4 2 2 8 Attachment number 5Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE, SECTIONS 1-4-112 AND 1-4-114 THRU 1-4-130 RELATING TO THE HUMAN RELATIONS COMMISSION Department:Administrator Caption:Motion to approve an Ordinance to amend the Augusta, Ga. Code Title One, Sections 1-4-112 and 1-4-114 thru 1-4-130 relating to the Human Relations Commission; to repeal all Code sections and Ordinances and parts of Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes as an advisory committee and reporting to the Administrator. (Approved by Administrative Services Committee January 12, 2009) Background:The Augusta-Richmond County budget approved for 2009 reduced the funding available for the Human Relations Commission. This Code amendment updates and amends the Code to bring the Human Relations Commision into compliance with these changes. Analysis:The proposed Code amendments incorporate the budget cuts mandated by the 2009 budget while enabling the Human Relations Commission to continue to serve Augusta-Richmond County in an advisory capacity. Financial Impact:The proposed Code amemndments will bring the Human Relations Commission into compliance with the 2009 budget. Alternatives:Alternatives include eliminating the Human Relations Commission in its entirety or re-evaluating 2009 funding for the Human Relations Commission. Recommendation:Approve these Code amendments. Funds are Available in the Following Accounts:N/A. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 12 Attachment number 1Page 2 of 12 Attachment number 1Page 3 of 12 Attachment number 1Page 4 of 12 Attachment number 1Page 5 of 12 Attachment number 1Page 6 of 12 Attachment number 1Page 7 of 12 Attachment number 1Page 8 of 12 Attachment number 1Page 9 of 12 Attachment number 1Page 10 of 12 Attachment number 1Page 11 of 12 Attachment number 1Page 12 of 12 Commission Meeting Agenda 1/22/2009 1:00 PM Temporary Employment Service Contract Department:Human Resources Caption:Motion to approve the Renewal of Temporary Employment Service Contract. (Approved by Administrative Services Committee January 12, 2009) Background:The Augusta government currently has a contractual agreement with Augusta Staffing Temporary Service. The City will retain the right to continue service after the initial term of three (3) years without re-bidding contract provided selected Temporary Employment service provider comply in full with the condition of this request. Analysis:March 06, 2008. The City of Augusta, proposed a RFP for temporary services, this RFP was submitted to the Procurement Department, during this time period and has satisfactorily completed all selection criteria as stated by the Procurement policy governing this process. Financial Impact:Based on usage by Department Alternatives:1. Do not approve Contract 2. Approve Contract Recommendation:Approve The City of Augusta Temporary Service Contract. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Upgrade HR Coordinator to Compensation Analyst Department:Human Reources Caption:Motion to approve the reclassification of the vacant Human Resources Coordinator position to a Compensation Analyst and develop and administer a comprehensive compensation program for the employees of Augusta. (Approved by Administrative Services Committee January 12, 2009) Background:Compensation and benefits administration is a key regulatory function of any Human Resources Department. Primary responsibilities include: Legal Compliance, e.g. the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), Equal Pay Act, Title VII Civil Rights Act, Georgia Dept of Labor statutes, etc; determination of Exempt/Non-exempt status; job analysis and maintenance of accurate job descriptions; internal and external pay equity, pay studies, position control, and organization charts. Analysis:There are several major compensation related projects and programs that have been on hold for a significant period of time that require immediate attention: 1. Job description audit of all positions (to assure compliance with the latest changes to the FLSA) 2. Audit of exempt/non-exempt status for all employees (compliance with Wage and Hour legal requirements) 3. Job analysis and update of Knowledge Skills and Abilities (KSAs) and qualification requirements for all classifications and grades (to meet needs of the new automated NEOGOV job applicant tracking system) 4. Identification of physical and environmental requirements for all positions (requirements to insure ADA compliance) 5. Development of a new Career Ladder (CL) system to recognize employees who gain high level competencies and certifications in their occupation (requested by dept directors to attract and retain highly qualified employees) Currently, the Human Resources Department is severely under staffed in this area. In order to bring Augusta’s Human Resources Department up to the necessary level to provide the services required by Augusta’s workforce, the current (vacant) HR Coordinator position needs to be upgraded to a Compensation Analyst. This will allow the HR dept to recruit a qualified analyst to provide the professional expertise necessary to meet the current and future needs of the City, develop a CL system and ensure legal and regulatory compliance. Augusta’s Human Resources Department ((1) attached organization chart)) does not currently have a trained and qualified employee to perform this important function. The position upgrade from a grade 44 to a grade 51 would cost approx $15,000. The revised organization chart, which includes the compensation analyst position, is at attachment (2). Financial Impact: Approximate cost $15-20K. Since this function would provide organization wide benefit, the cost could be offset by the projected $87,463.15 savings Cover Memo which would be realized in the Engineering Dept’s reorganization. Alternatives:Do not approve reclassifying the vacant Human Resources Coordinator position to a Compensation Analyst and develop an RFP for an outside contractor to administrator the program. Estimated cost would be $50-100K per year. Recommendation:Approve reclassification and funding of the vacant Human Resources Coordinator position to a Compensation Analyst in order to develop and maintain a comprehensive and legally compliant compensation program for Augusta-Richmond County. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 3 Attachment number 1Page 2 of 3 Attachment number 1Page 3 of 3 Commission Meeting Agenda 1/22/2009 1:00 PM 800Mhz User Agreement and Mobile Data User Agreement. Department:Information Technology Caption:Motion to approve 800Mhz User Agreement and Mobile Data User Agreement. (Approved by Public Safety Committee January 12, 2009) Background:Augusta currently has approximately fifteen hundred and eighty (1,580) radios in use on Motorola’s 800 Mhz System. These radios are used in the daily coordination of Law Enforcement, Public Safety and Public Works departments. Analysis:Information Technology is recommending the approval of this contract. The approval of this contract will lock our current pricing in for two (2) years. Our current pricing is far below industry standard and has allowed us to continue to operate on a Public Safety system without an increase for ten (10) years. Augusta’s continued operation on a Public Safety system is imperative to allow communications in the event of a major disaster. Though several departments that utilize the system are not Public Safety, the ability to communicate with all Augusta agencies is necessary during certain scheduled events and all disaster situations. Every Augusta agency or department that can potentially be involved in pre-disaster planning and post-disaster activities should utilize the same system. The use of non-Public Safety systems, such as cellular, cannot be relied on when it is most important. The use of Public Safety rated communications equipment and infrastructure is additionally important for reliability. In the event of a weather related disaster, the structural rigidity, fault tolerance, battery and generator backup systems will be required to operate post disaster. User prioritization is also a consideration. Augusta Public Safety and non-Public Safety personnel can be prioritized above all other communications to provide the highest availability possible. Financial Impact:Information Technology has investigated all options regarding standard and Public Safety communications for Augusta departments and agencies. The purchase of Augusta’s own system would require an estimated capital outlay of $18,515,000 and cost an additional $390,045 per year in operating expenses. The reason our current system costs less than sole ownership is due to system expenses being shared among other Public Safety users. Alternatives:Augusta can continue with our current environment on a month to month basis. The cost would increase by an undetermined amount. Augusta could also purchase our own system at the price point identified in the financial impact. No current alternatives offer the same level of services we currently have without a significant capital investment and increase in operating expenses. Cover Memo Recommendation:Approve the attached 800Mhz User Agreement and Mobile Data User Agreement Funds are Available in the Following Accounts: Funding requirements will remain at the current rate and will not negativly impact operating expenses. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM APPROVE ADDITIONAL ARCHITECT FEES FOR FEMALE POD ADDITION AT WEBSTER DETENTION CENTER Department:Richmond County Sheriff's Office Caption:Motion to approve a $109,250.00 increase in architectural fees to KSGW Architects for additional construction administration services associated with the construction of the Female Pod; and for the re-bid of the project. (Approved by Public Safety Committee January 12, 2009) Background:On July 10, 2007, the Commission approved Contract Amendment No. 1 to the Agreement between Augusta and KSGW Architects. The Amendment included an agreement to increase KSGW’s fees to design an Additive Alternate Female Pod. This Amendment also stipulated that KSGW would be entitled to additional fees for construction administration services, should the additive alternate pod be accepted and constructed. On November 5, 2008 the Augusta Commission approved a $27,041,000 contract with McKnight Construction to construct additions to the Detention Center. On December 2, 2008, the Commission approved McKnight’s Alternate Bid of $5,900,000.00 to construct the female housing pod, thereby triggering the need to increase KSGW’s fees in accordance with Amendment No. 1 of their Contract. In addition, KSGW is entitled to additional fees as compensation for additional work associated with re-bid of the project, which was undertaken following Augusta’s decision to reject all bids following the first round of bidding Analysis:The Architect’s fees were initially negotiated based on a scope of work associated with an estimated construction cost of roughly $27M. As the project design evolved and the needs of the RCSO became better defined, it became apparent that the required scope of work would exceed the dedicated funds. It was thus decided to pursue an additive alternate female pod, which effectively increased the scope of work and thus the amount of work required of the architect. This led to Contract Amendment No. 1, which included additional fees for design of the additive alternate Female Pod. It also included a provision to increase the architect’s fees to cover their additional work associated with the Additive Alternate, should the Commission exercise their option to build it. KSGW has also requested an additional $20,000 in fees to cover their costs associated with re-bidding the project. This action was chosen by Augusta following a bidding irregularity. At that time, it was agreed between Augusta Procurement, CIPM and KSGW that additional fees were justified. Financial Impact: KSGW’s current contract amount is $2,539,475.00. This approval will increase their fees by $89,250.00 to cover the construction services for the Female Pod, plus $20,000.00 to cover the re-bid. This will raise the total fee Cover Memo by $109,250.00, to a revised total of $2,648,725.00. Alternatives:There are no good alternatives to this action. Recommendation:Approve a $109,250.00 increase in architectural fees to KSGW Architects for additional construction administration services associated with the construction of the Female Pod; and for the re-bid of the project. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: GL – 325-05-1130 / 206351101 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 1/22/2009 1:00 PM Award of Bid Item #08-167A Department:Fire Department, Howard Willis, Chief Caption:Motion to approve award of Bid Item #08-167A, Construction of Fire Administration Office Building. (Approved by Public Safety Committee January 12, 2009) Background:The Augusta Fire Department and the Procurement Department have concluded the bid process for the construction of the Fire Administration Offices for the Augusta Fire Department. After review of the bid proposals, RCN Contracting Inc. was the lowest bidder that was in compliance with the City of Augusta Procurement Department’s bid requirements Analysis:The architects for this project, Virgo-Gambill Architects, have reviewed the proposal by RCN Contracting Inc, and have found them to be in compliance with the bid specifications that were advertised. RCN Contracting Inc. has met all the specified requirements of the bid documents without taking any exceptions and within the allocated budget amount. It is the opinion of the Augusta Fire Department that, RCN Contracting Inc. with a bid of $1,104,583.00 should be awarded the contract as low bidder. Financial Impact:RCN Contracting Inc. with a bid of $1,104,583.00 is within the allocated budget for this project. Alternatives:None at this time Recommendation:RCN Contracting Inc. with a bid of $1,104,583.00 should be awarded the contract as low bidder. Funds are Available in the Following Accounts:324-03-4510 207324003 REVIEWED AND APPROVED BY: Fire Department Finance Procurement Law Clerk of Commission Cover Memo 1 Memo To: Geri Sams From: Deputy Chief Mike Rogers CC: Howard Willis, Fred Russell, Phyllis Mills Date: December 16, 2008 Re: Recommendation for awarding Bid Item# 08-167A, Fire Administration Building The Augusta Fire Department and the Procurement Department have concluded the bid process for the construction of the Fire Administration Offices for the Augusta Fire Department. After review of the bid proposals, RCN Contracting Inc. was the lowest bidder that was in compliance with the City of Augusta Procurement Department’s bid requirements The architects for this project, Virgo-Gambill Architects, have reviewed the proposal by RCN Contracting Inc, and have found them to be in compliance with the bid specifications that were advertised. RCN Contracting Inc. has met all the specified requirements of the bid documents without taking any exceptions and within the allocated budget amount. It is the opinion of the Augusta Fire Department that, RCN Contracting Inc. with a bid of $1,104,583.00 should be awarded the contract as low bidder. Attachment number 1Page 1 of 1 Invitation To Re-Bid Sealed re-bids will be received at this office until 3:00 p.m., Wednesday, November 19, 2008 Re-Bid Item #08-167A Fire Administration Building for Augusta Fire Department Re-Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for the project will be made available upon request to Imaging Technologies. The fees for the plans and specifications which are non-refundable is $150.00 Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.itrepro.com) at no charge through Imaging Technologies (706 724-7924) beginning Monday, November 3, 2008. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid Conference will be held on Friday, November 7, 2008 @ 10:00 a.m. in the Procurement Department – Room 605. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Tuesday, November 11, 2008 by 3:00 p.m. No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders’ qualifications; a 100% performance bond and a 100% payment bond will be required for award. Bidders will please note that the number of copies requested; all supporting documents including financial statements and references and such other attachments that may be required by the bid are material conditions of the package. Any package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta Commission. Please mark Bid number on the outside of the envelope. GERI A. SAMS, Procurement Director cc: Tameka Allen Interim Deputy Administrator Howard Willis Fire Department Mike Rogers Fire Department Attachment number 2Page 1 of 1 Ve n d o r s : St e w a r t - C o r b i t t - T o d d P. O . B o x 1 2 5 6 Th o m s o n , G A 3 0 8 2 4 RC N C o n t r a c t i n g , I n c . 11 1 5 F r a n k e P l a c e C o u r t Au g u s t a , G A 3 0 9 0 7 Co n t i n e n t a l C o n s t r u c t i o n 41 9 0 C r o s s t o w n C o u r t Ev a n s , G A 3 0 9 0 8 Am m a r C o n s t r u c t i o n P. O . B o x 1 8 7 7 Ev a n s , G A 3 0 8 0 9 Ki r b y & F a h r i o n P. O . B o x 2 1 2 2 3 9 Au g u s t a , G A 3 0 9 1 7 Ju d s o n - W h i t w o r t h Co n s t r u c t i o n 37 0 2 W a s h i n g t o n R o a d Ma r t i n e z , G A 3 0 9 0 7 Bi d A m o u n t 1, 1 0 4 , 5 8 3 . 0 0 $ 1 , 1 5 4 , 5 3 8 . 0 0 $ S U B M I T T E D N O B I D RE S P O N S E Ad d e n d u m s 1 - 4 YE S Y E S Bi d B o n d YE S Y E S Co n f l i c t o f I n t e r e s t F o r m YE S Y E S Co n t r a c t o r A f f i d a v i t an d A g r e e m e n t YE S Y E S Su b c o n t r a c t o r A f f i d a v i t YE S Y E S St a t e m e n t o f N o n - di s c r i m i n a t i o n YE S Y E S LS B G o o d F a i t h E f f o r t s YE S Y E S LS B S u b c o n t r a c t o r / Su p p l i e r U t i l i z a t i o n P l a n YE S Y E S No n - C o l l u s i o n A f f i d a v i t of P r i m e B i d d e r YE S Y E S No n - C o l l u s i o n A f f i d a v i t of S u b c o n t r a c t o r YE S Y E S N O N - C O M P L I A N T LS B F O R M S NO T S U B M I T T E D Re - B i d I t e m # 0 8 - 1 6 7 A Fi r e A d m i n i s t r a t i o n B u i l d i n g Ci t y o f A u g u s t a - F i r e D e p a r t m e n t Re - B i d O p e n i n g D a t e : W e d n e s d a y , N o v e m b e r 1 9 , 2 0 0 8 @ 3 : 0 0 p . m . NO N - C O M P L I A N T Do c u m e n t s a r e n o t no t a r i z e d p r o p e r l y (n o t d a t e d a n d o r no t a r i z e d ) St a t e m e n t o f N o n - Di s c r i m i n a t i o n Co n t r a c t o r A f f i d a v i t No n - C o l l u s i o n A f f i d a v i t of B i d d e r Su b - C o n t r a c t o r A f f i d a v i t No n - C o l l u s i o n A f f i d a v i t of S u b c o n t r a c t o r Co n t r a c t o r ' s Qu a l i f i c a t i o n S t a t e m e n t Attachment number 3Page 1 of 1 Scherer Construction 507 North Davis Drive Warner Robbins, GA 31093 Attn: Tommy Carter Scherer Construction 507 North Davis Drive Warner Robbins, GA 31093 Attn: Tommy Carter Scherer Construction 507 North Davis Drive Warner Robbins, GA 31093 Attn: Tommy Carter Ammar Construction P.O. Box 1877 Evans, GA 30809 Attn: Tony Ammar Ammar Construction P.O. Box 1877 Evans, GA 30809 Attn: Tony Ammar Ammar Construction P.O. Box 1877 Evans, GA 30809 Attn: Tony Ammar RCN 1115 Franke Place Court Augusta, GA 30907 Attn: Jim Newman RCN 1115 Franke Place Court Augusta, GA 30907 Attn: Jim Newman RCN 1115 Franke Place Court Augusta, GA 30907 Attn: Jim Newman Continental Construction P.O. Box 204198 Augusta, GA 30917 Attn: Paul Cannady Continental Construction P.O. Box 204198 Augusta, GA 30917 Attn: Paul Cannady Continental Construction P.O. Box 204198 Augusta, GA 30917 Attn: Paul Cannady J.E. Stewart Builders 237 Chesterfield St, NW Aiken, SC 29801 Attn: Josh Stewart J.E. Stewart Builders 237 Chesterfield St, NW Aiken, SC 29801 Attn: Josh Stewart J.E. Stewart Builders 237 Chesterfield St, NW Aiken, SC 29801 Attn: Josh Stewart Contract Management, Inc. 1827 Killingsworth Road Augusta, GA 30904 Attn: Greg Williams Contract Management, Inc. 1827 Killingsworth Road Augusta, GA 30904 Attn: Greg Williams Contract Management, Inc. 1827 Killingsworth Road Augusta, GA 30904 Attn: Greg Williams Thomson Carpet Center 113 West Hill Street Thomson, GA 30824 Attn: Raymond Swana Thomson Carpet Center 113 West Hill Street Thomson, GA 30824 Attn: Raymond Swana Thomson Carpet Center 113 West Hill Street Thomson, GA 30824 Attn: Raymond Swana Augusta Fire Protection 109 Commercial Boulevard Martinez, GA 30907 Attn: Matt Hamilton Augusta Fire Protection 109 Commercial Boulevard Martinez, GA 30907 Attn: Matt Hamilton Augusta Fire Protection 109 Commercial Boulevard Martinez, GA 30907 Attn: Matt Hamilton McMichael’s Construction 90 Almond Road Covington, GA 30014 Attn: Linda Plunk McMichael’s Construction 90 Almond Road Covington, GA 30014 Attn: Linda Plunk McMichael’s Construction 90 Almond Road Covington, GA 30014 Attn: Linda Plunk Bid Item #08-167A Fire Administration Building For Fire Department Bid Due: Wed 11/19/08 @ 3:00p.m. Attachment number 4Page 1 of 2 Imaging Technologies 1030 Reynolds Street Augusta, GA 30901 Attn: Bill Bottomley Imaging Technologies 1030 Reynolds Street Augusta, GA 30901 Attn: Bill Bottomley Imaging Technologies 1030 Reynolds Street Augusta, GA 30901 Attn: Bill Bottomley Augusta Builders Exchange 1262 Merry Street Augusta, GA 30904 Attn: Joan Kennedy Augusta Builders Exchange 1262 Merry Street Augusta, GA 30904 Attn: Joan Kennedy Augusta Builders Exchange 1262 Merry Street Augusta, GA 30904 Attn: Joan Kennedy The Dodge Room 1281 Broad Street Augusta, GA 30901 Attn: Linda Blackston The Dodge Room 1281 Broad Street Augusta, GA 30901 Attn: Linda Blackston The Dodge Room 1281 Broad Street Augusta, GA 30901 Attn: Linda Blackston The Dodge Room 1281 Broad Street Augusta, GA 30901 Attn: Linda Blackston The Dodge Room 1281 Broad Street Augusta, GA 30901 Attn: Linda Blackston The Dodge Room 1281 Broad Street Augusta, GA 30901 Attn: Linda Blackston The Dodge Room 1281 Broad Street Augusta, GA 30901 Attn: Linda Blackston The Dodge Room 1281 Broad Street Augusta, GA 30901 Attn: Linda Blackston Mr. Bryan Corbitt Stewart-Corbitt P.O. Box 1256 Thomson, GA 30824 Mr. Bryan Corbitt Stewart-Corbitt P.O. Box 1256 Thomson, GA 30824 Mr. Bryan Corbitt Stewart-Corbitt P.O. Box 1256 Thomson, GA 30824 Howard Willis Fire Department Mike Rogers Fire Department Tameka Allen Interim Deputy Director Yvonne Gentry DBE Coordinator Bid Item #08-167A Fire Administration Building For Fire Department Bid Due: Wed 11/19/08 @ 3:00p.m. Bid Item #08-167A Fire Administration Building For Fire Department Bid Due: Wed 11/19/08 @ 3:00p.m. Attachment number 4Page 2 of 2 Attachment number 5Page 1 of 2 Attachment number 5Page 2 of 2 Commission Meeting Agenda 1/22/2009 1:00 PM ORDINANCE TO AMEND CODE RELATING TO FIRE DEPARTMENT INSPECTIONS, FEE SCHEDULE AND REFERENCES TO OTHER FIRE PREVENTION CODES Department:Fire Department Caption:Motion to approve an Ordinance to amend the Augusta-Richmond County Code Title Three Sections 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-20 and 3-3- 25 relating to Fire Department inspections, fee schedule and references to other Fire Prevention Codes; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Public Safety Committee January 12, 2009) Background:Supreme Court caselaw relating to inspections require an update to the inspection portion of the Augusta, GA Code. New fire codes and publications also require updated references in the Code. The fee schedule in the Code also needs correcting and updating. Analysis:It is anticipated that these changes will improve the fire inspection process as well as insure that the Code accrately references other fire codes and publications. Financial Impact:No finiancial liability is anticipated by this Code revision. Alternatives:Leave the Code the same without making any revisions at this time. Recommendation:Adopt the suggested changes to the Code. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE TITLE THREE SECTIONS 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-20 AND 3-3-25 RELATING TO FIRE DEPARTMENT INSPECTIONS, FEE SCHEDULE AND REFERENCES TO OTHER FIRE PREVENTION CODES; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County desires to update and amend the Code to clarify procedures relating to fire department inspections, to modify the fee schedule for the fire inspection bureau and to update references to other fire prevention codes and publications; THE AUGUSTA-RICHMOND COUNTY COMMISSION, ordains as follows: SECTION 1. Augusta-Richmond-County Code Sections 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3- 20 and 3-3-25 as set forth in the Augusta-Richmond County Code, re adopted July 10, 2007, is hereby amended by striking each of these section in their entirety and inserting in lieu thereof a new Code Sections 3-3-10, 3-3-13, 3-3-14, 3-3-18.1, 3-3-20 and 3-3-25 restated as set forth in ³([KLELW$´KHUHWR SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _____ day of January, 2009. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1Page 1 of 11 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on _________________, 2009 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ Attachment number 1Page 2 of 11 Exhibit A Section 3-3-10. Inspections-authority to enter buildings or premises. The chief of the fire department, the chief of the fire prevention bureau or any inspector may, at all reasonable hours, enter any building or premises within his jurisdiction for the purpose of making any inspection or investigation which, under the provisions of this chapter, he may deem necessary to be made. Section 3-3-10. Inspections-authority to enter buildings or premises. The chief of the fire department, the chief of the fire prevention bureau or any fire inspector or firefighter may, at anytime, with the permission of the owner or occupant or a properly executed warrant, enter any building or premises within Augusta-Richmond County, for the purpose of making any inspection or investigation which, under the provisions of this chapter, he or she may deem necessary to be made. Section 3-3-13. Inspection- Periodic inspections; correction of improper conditions. It shall be the duty of the chief of the fire department to inspect, or cause to be inspected by the bureau of fire prevention, or by fire department officers and members, as often as may be necessary, all buildings and premises, except the interior of private dwellings, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of this chapter, or of the Augusta-Richmond County code, or any other ordinance of Augusta-Richmond County affecting the fire hazard. Whenever any inspector shall find in any building or upon any premises combustible or explosive matter, or dangerous accumulations of rubbish or unnecessary accumulation of waste paper, boxes, shavings or any highly flammable materials, which is so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the fire department or egress of occupants in case of fire, he shall order the same to be removed or remedied. Section 3-3-13. Inspection- Periodic inspections; correction of improper conditions. In accordance with Section 3-3-10 of this Code, it shall be the duty of the chief of the fire department to inspect, or cause to be inspected by the bureau of fire prevention, or by fire department officers and members, as often as may be necessary, all buildings and premises, for the purpose of ascertaining and causing to be corrected any conditions liable to cause fire, or any violations of the provisions or intent of this chapter, or of the Augusta-Richmond County Code, or any other ordinance of Augusta-Richmond County affecting fire hazards. Unless exigent circumstances exist, such officers shall obtain a properly executed warrant or permission from the owners or occupants of any building or other structure before entering such premises. Whenever any inspector shall find in any building or upon any premises combustible or explosive matter, or dangerous accumulations of rubbish or unnecessary accumulation of waste paper, boxes, shavings or any highly flammable materials, which is so situated as to endanger property, or shall find obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the fire department or egress of occupants in case of fire, he or she shall order the same to be removed or remedied. Attachment number 1Page 3 of 11 Section 3-3-14. Inspections- Upon complaint; remedy or removal of dangerous conditions. The chief of the fire department, the chief of the bureau of fire prevention or an inspector, upon the complaint of any person, or wherever he shall deem necessary, shall inspect all buildings and premises within his jurisdiction. Whenever any of such officers shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever such officer shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied. Section 3-3-14. Inspections- Upon complaint; remedy or removal of dangerous conditions. In accordance with Section 3-3-10 of this Code, the chief of the fire department, the chief of the bureau of fire prevention, a fire inspector or any firefighter, upon the complaint of any person, shall inspect all buildings and premises within Augusta-Richmond County. Unless exigent circumstances exist, such officers shall obtain a properly executed warrant or permission from the owners or occupants of any building or other structure before entering such premises. Whenever any such officer shall find any building or other structure which, for want of repairs, lack of sufficient fire escapes, automatic or other fire alarm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition, or from any other cause, is especially liable to fire, and which is so situated as to endanger other property or the occupants thereof, and whenever such officer shall find in any building combustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he or she shall order such dangerous conditions or materials to be removed or remedied. Section 3-3-18.1. Fee Schedule. The fee schedule for the Fire Inspection Bureau is as follows: Certificate of $150.00 Occupancy (CO) Construction Permit: Under 10,000 sq. ft . $150.00 Over 10,000 sq. ft. $150.00 + .040 per sq. ft Annual Inspection and -0 First Re-Inspection Second Re-Inspection $100.00 Third Re- Inspection $150.00 and each Follow-Up Day Care Provider Class Five hour class $30.00 One-and- a- half hour $15.00 Attachment number 1Page 4 of 11 class (Ord. No. 6222, § 1, 12-7-99) Section 3-3-18.1. Fee Schedule. The fee schedule for the Fire Inspection Bureau is as follows: Certificate of Occupancy (CO) Construction Permit: Under 10,000 sq. ft. $150.00 Over 10,000 sq. ft. $150.00 + .050 per sq. ft. over 10,000 (example: 25,000 sq. ft.= $900.00) Initial Annual Inspection $0 First Re-Inspection $0 Second Re-Inspection $25.00 Third Re-Inspection $25.00 Each Follow-Up $25.00 Day Care Provider Class: Five hour class $30.00 Two hour class $15.00 Section 3-3-20. Adoption by reference; where filed. 7KH1DWLRQDO)LUH3URWHFWLRQ$VVRFLDWLRQ¶V/LIH6DIHW\&RGHHGLWLRQWKH*HRUJLD6WDWH Minimum Standard Fire Prevention Code, 1994 edition, as published by the Southern Building Code Congress International, and as may be amended by the State of Georgia and/or Augusta- Richmond County, and the standards, recommended practices, guides and methods as published in the 1992 National Fire Codes, as may from time to time be modified or amended, are hereby adopted and shall be controlling within Augusta-Richmond County for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, copies of said codes and all amendments thereto being on file in the office of the Clerk of the Commission , and available to the public any time during regular office hours of the Clerk. Section 3-3-20. Adoption by reference; where filed. Augusta-Richmond County hereby adopts other codes, standards and practices as follows: All parts of the most recent edition of the 1DWLRQDO)LUH3URWHFWLRQ$VVRFLDWLRQ¶V/LIH Safety Code which have been approved by the State of Georgia; the Georgia State Minimum Standard Fire Prevention Code, 2007 edition, as published by International Building Code, and as may be amended by the State of Georgia and/or Augusta-Richmond County; and the standards, recommended practices, guides and methods as published in the most recent edition of the International Fire Code, as may from time to time be modified or amended. The International Fire Code shall be controlling within Augusta-Richmond County for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion. Copies of said codes and all amendments thereto should be on file in the office of the Clerk of the Attachment number 1Page 5 of 11 Commission and should be made available to the public any time during regular office hours of the Clerk. Section 3-3-25. Special hazard buildings and structures. (a) Certain buildings and structures may, because of construction or use, constitute a special hazard to property or to life and safety of persons on account of fire or panic caused by a fear of fire. Buildings constructed or used in the following manner present such a fire hazard: (1) Buildings or structures three (3) stories or more in height; however, nothing herein shall apply to any individually owned residential unit within any such building; (2) Any building three (3) or more stories in height and used as a residence by three (3) or more families, with individual cooking and bathroom facilities; provided, however, nothing herein shall apply to any individually owned residential unit within such building; (3) Any building in which there is more than fifteen (15) sleeping accommodations for hire, with or without meals but without individual cooking facilities, whether designated as a hotel, motel, inn, club, dormitory, rooming or boardinghouse, or by any other name; (4) Any building or group of buildings which contains schools and academies for any combination of grades 1 through 12 having more than fifteen (15) children or students in attendance at any given time and all state-funded kindergarten programs; (5) Hospitals, health care centers, mental health institutions, orphanages, nursing homes, convalescent homes, old-age homes, jails, prisons, and reformatories, and all administrative, public assembly, and academic buildings of colleges, universities, and vocational-technical schools. As used in this paragraph, nursing homes, convalescent homes and old-age homes shall mean any building used for the lodging, personal care, or nursing care on a twenty-four hour basis of four (4) or more invalids, convalescents or elderly persons who are not members of the same family; (6) Racetracks, stadiums and grandstands; (7) Theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls, and other places of assembly having an occupant load of three hundred (300) or more persons, except that the occupant load shall be 100 or more persons in those buildings where alcoholic beverages are served; (8) Churches having an occupant load of 500 or more persons in a common area or having an occupant load greater than 1,000 persons based on total occupant load of the building or structure; (9) Department stores and retail mercantile establishments having a gross floor area of fifteen thousand (15,000) square feet on any one (1) floor or having three (3) or more floors that are open to the public. For purposes of this paragraph, shopping centers and malls shall be assessed upon the basis of the entire area covered by the same roof or sharing common walls; provided, however, that nothing contained herein shall apply to single-story malls or shopping centers subdivided into areas of less than fifteen thousand (15,000) square feet by a wall or walls with a two-hour fire resistance rating and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside; (10) Group day-care homes and group daycare centers required to be licensed or commissioned as such by the Georgia Department of Human Resources and in which at least seven (7) children receive care. As used in this subparagraph a group day care home means a day-care facility subject to licensure by the Georgia Department of Human Attachment number 1Page 6 of 11 Resources where at least seven (7) but not more than twelve (12) children receive care, and a group day care center means a day-care facility subject to licensure or issuance of a commission by the Georgia Department of Human Resources where more than twelve (12) children receive care. Fire safety standards adopted by rules of the Georgia Fire Safety Commissioner pursuant to O.C.G.A. § 25-2-4 which are applicable to group day- care homes and daycare centers shall not require staff-to child ratios; (11) Personal care homes required to be licensed as such by the Georgia Department of Human Resources and having at least seven (7) beds for nonfamily adults. The Georgia Fire Safety Commissioner shall, pursuant to O.C.G.A. § 25-2-4, by rule adopt state minimum fire safety standards for those homes, and say structure constructed as or converted to a personal care home on or after April 15, 1986, shall be deemed to be a proposed building pursuant to O.C.G.A. § 25-2-14(d) and that structure may be required to be furnished with a sprinkler system meeting the standards established by the Georgia Fire Safety Commissioner if the chief of the fire department, or his duly authorized representative, deems this necessary for proper fire safety. (b) Any building or structure which is used exclusively for agricultural purposes, or which has been designated historic property or which is located within a designated historic district pursuant to the Georgia Historic Preservation Act approved April 8, 1980 (Ga. Laws 1980, p. 1723), as now or hereafter amended, shall be exempt from the above classification. (c) Landmark museum buildings, whose designations are recognized by ordinances of Augusta- Richmond County, shall be governed by the provisions of O.C.G.A. § 25-2-13(b)(3) and the provisions of subparagraphs (B) and (C) of O.C.G.A. §25-2-13(b)(3) are by reference incorporated herein as fully as if set forth verbatim herein. (d) Capacity as used in this section shall mean the maximum number of persons who may be reasonably expected to be present in any building or on any floor thereof at a given time according to the use which is made of such building. The bureau of fire prevention shall determine and by rule declare the formula for determining capacity for each of the uses herein. (e) Plans and specifications for all proposed buildings which come under classification in section 3-3-25 shall be submitted to and receive approval by the bureau of fire prevention before any state or Augusta-Richmond County building permit may be issued or construction started. All such plans and specifications submitted for review as required herein shall be accompanied by a one hundred dollar ($100.00) fee for buildings or structures less than or equal to ten thousand (10,000) square feet gross area and a fee of one and one-half cents ($0.015) per square foot for buildings or structures more than ten thousand (10,000) square feet gross area, and shall bear the seal and Georgia registration number of the drafting architect or engineer or otherwise have the approval of the bureau of fire prevention. A complete set of approval plans and specifications shall be maintained on the construction-site, and construction shall proceed in compliance with the minimum fire safety standards under which such plans and specifications were approved. The owner of any such building or structure, or his authorized representative, shall notify the bureau of fire prevention upon completion of approximately eighty (80) percent of the construction thereof and shall apply for a certificate of occupancy when construction of such building or structure is complete. (f) Every building or structure which comes under classification in section 3-3-25 shall have a certificate of occupancy issued by the bureau of fire prevention before such building or structure Attachment number 1Page 7 of 11 may be occupied. Such certificate of occupancy shall be issued for each class of occupancy within the building, shall carry a flat rate of one hundred dollars ($100.00), shall state the occupant load, shall be kept on file within each business establishment where issued or on file with the building owner, shall be posted in a prominent location within such business establish mentor building, and shall run for the life of the building except as provided in subsection (1) herein. (1) Every certificate of occupancy required in subsection (e) shall run for the life of the building; provided the internal or external features of the building are not materially altered, the type of occupancy remains unchanged or there has been no fire or serious consequences, or other hazard discovered and not transferrable. (2) For purpose of this section, any existing building or structure listed in subsection (a) of this section shall be deemed to be a proposed building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. For purpose of this section, substantial renovation shall mean any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation. (3) In existing buildings set up under section 3-3-25 when substandard conditions are found, a temporary occupancy permit may be issued, such permit carrying a time adjusted to meet the amount of time deemed necessary to make the proper corrections in order to bring the building up to standard. A fee of fifty dollars ($50.00) shall be required for each temporary certificate of occupancy. (4) All federal, state, or local publicly-owned buildings covered by this section are exempt from any fee or license which may be herein specified. Such fees or licenses may be waived where chargeable to churches and charitable organizations. Section 3-3-25. Special hazard buildings and structures. (a) Certain buildings and structures may, because of construction or use, constitute a special hazard to property or to life and safety of persons on account of fire or panic caused by a fear of fire. Buildings constructed or used in the following manner present such a fire hazard: (1) Buildings or structures three (3) stories or more in height; however, nothing herein shall apply to any individually owned residential unit within any such building; (2) Any building three (3) or more stories in height and used as a residence by three (3) or more families, with individual cooking and bathroom facilities; provided, however, nothing herein shall apply to any individually owned residential unit within such building; (3) Any building in which there is more than fifteen (15) sleeping accommodations for hire, with or without meals but without individual cooking facilities, whether designated as a hotel, motel, inn, club, dormitory, rooming or boardinghouse, or by any other name; (4) Any building or group of buildings which contains schools and academies for any combination of grades 1 through 12 having more than fifteen (15) children or students in attendance at any given time and all state-funded kindergarten programs; (5) Hospitals, health care centers, mental health institutions, orphanages, nursing homes, convalescent homes, old-age homes, jails, prisons, and reformatories, and all administrative, public assembly, and academic buildings of colleges, universities, and vocational-technical schools. As used in this paragraph, nursing homes, convalescent Attachment number 1Page 8 of 11 homes and old-age homes shall mean any building used for the lodging, personal care, or nursing care on a twenty-four hour basis of four (4) or more invalids, convalescents or elderly persons who are not members of the same family; (6) Racetracks, stadiums and grandstands; (7) Theaters, auditoriums, restaurants, bars, lounges, nightclubs, dance halls, recreation halls, and other places of assembly having an occupant load of three-hundred (300) or more persons, except that the occupant load shall be one-hundred (100) or more persons in those buildings where alcoholic beverages are served. (8) Churches having an occupant load of five-hundred (500) or more persons in a common area or having an occupant load greater than one-thousand (1,000) persons based on total occupant load of the building or structure; (9) Department stores and retail mercantile establishments having a gross floor area of fifteen thousand (15,000) square feet on any one (1) floor or having three (3) or more floors that are open to the public. For purposes of this paragraph, shopping centers and malls shall be assessed upon the basis of the entire area covered by the same roof or sharing common walls; provided, however, that nothing contained herein shall apply to single-story malls or shopping centers subdivided into areas of less than fifteen thousand (15,000) square feet by a wall or walls with a two-hour fire resistance rating and where there are unobstructed exit doors in the front and rear of every such individual occupancy which open directly to the outside; (10) Group day-care homes and group daycare centers required to be licensed or commissioned as such by the Georgia Department of Human Resources and in which at least seven (7) children receive care. As used in this subparagraph, a group day care home means a day-care facility subject to licensure by the Georgia Department of Human Resources where at least seven (7), but not more than twelve (12), children receive care, and a group day care center means a day-care facility subject to licensure or issuance of a commission by the Georgia Department of Human Resources where more than twelve (12) children receive care. Fire safety standards adopted by rules of the Georgia Fire Safety Commissioner pursuant to O.C.G.A. § 25-2-4, which are applicable to group day- care homes and daycare centers, shall not require staff-to-child ratios; (11) Personal care homes required to be licensed as such by the Georgia Department of Human Resources and having at least seven (7) beds for nonfamily adults. The Georgia Fire Safety Commissioner shall, pursuant to O.C.G.A. § 25-2-4, by rule adopt state minimum fire safety standards for those homes, and any structure constructed as or converted to a personal care home on or after April 15, 1986, shall be deemed to be a proposed building pursuant to O.C.G.A. § 25-2-14(d) and that structure may be required to be furnished with a sprinkler system meeting the standards established by the Georgia Fire Safety Commissioner, if the chief of the fire department, or his/her duly authorized representative, deems this necessary for proper fire safety. (b) Any building or structure which is used exclusively for agricultural purposes, or which has been designated historic property or which is located within a designated historic district pursuant to the Georgia Historic Preservation Act approved April 8, 1980 (Ga. Laws 1980, p. 1723), as now or hereafter amended, shall be exempt from the classification of subsection (a) above. (c) Landmark museum buildings, whose designations are recognized by ordinances of Augusta- Richmond County, shall be governed by the provisions of O.C.G.A. § 25-2-13(b)(3) and the Attachment number 1Page 9 of 11 provisions of subparagraphs (B) and (C) of O.C.G.A. § 25-2-13(b)(3) are by reference incorporated herein as fully as if set forth verbatim herein. (d) Capacity as used in this section shall mean the maximum number of persons who may be reasonably expected to be present in any building or on any floor thereof at a given time according to the use which is made of such building. The bureau of fire prevention shall determine and by rule declare the formula for determining capacity for each of the uses herein. (e) Plans and specifications for all proposed buildings which come under classification in section 3-3-25 shall be submitted to and receive approval by the bureau of fire prevention before any state or Augusta-Richmond County building permit may be issued or construction started. All such plans and specifications submitted for review as required herein shall be accompanied by a one hundred-fifty dollar ($150.00) fee for buildings or structures less than or equal to ten thousand (10,000) square feet gross area. For buildings or structures more than ten thousand (10,000) square feet gross area, all such plans and specifications submitted for review shall be accompanied by a one hundred-fifty dollar ($150.00) fee and a fee of five cents ($0.05) per square foot for each square foot exceeding ten thousand (10,000) square feet gross area. All such plans and specifications submitted for review shall bear the seal and Georgia registration number of the drafting architect or engineer or otherwise have the approval of the bureau of fire prevention. A complete set of approval plans and specifications shall be maintained on the construction-site, and construction shall proceed in compliance with the minimum fire safety standards under which such plans and specifications were approved. The owner of any such building or structure, or his or her authorized representative, shall notify the bureau of fire prevention upon completion of approximately eighty (80) percent of the construction thereof and shall apply for a certificate of occupancy when construction of such building or structure is complete. (f) Every building or structure which comes under classification in section 3-3-25 shall have a certificate of occupancy issued by the bureau of fire prevention before such building or structure may be occupied. Such certificate of occupancy shall be issued for each class of occupancy within the building; shall carry a flat rate of one hundred-fifty dollars ($150.00); shall state the occupant load; shall be kept on file within each business establishment where issued or on file with the building owner; shall be posted in a prominent location within such business establish mentor building; and shall run for the life of the building except as provided in subsection (1) herein. (1) Every certificate of occupancy required in subsection (e) shall run for the life of the building, provided the internal or external features of the building are not materially altered, the type of occupancy remains unchanged, there has been no fire or serious consequences, or other hazard discovered which is not transferrable. (2) For purpose of this section, any existing building or structure listed in subsection (a) of this section shall be deemed to be a proposed building in the event such building or structure is subject to substantial renovation, a fire or other hazard of serious consequence, or a change in the classification of occupancy. For purposes of this section, substantial renovation shall mean any construction project involving exits or internal features of such building or structure costing more than the building's or structure's assessed value according to county tax records at the time of such renovation. (3) All federal, state, or local publicly-owned buildings covered by this section are exempt from any fee or license which may be herein specified. Such fees or licenses may be Attachment number 1Page 10 of 11 waived by the Augusta-Richmond County Commission where chargeable to churches and charitable organizations. (g) Assembly occupancies having occupant loads of one-hundred (100) or more shall be provided with a minimum of one trained crowd manager or crowd manager supervisor. Every crowd manager and crowd supervisor shall receive approved training in crowd management techniques. Where the occupant load exceeds two-hundred-fifty (250), additional trained crowd managers or crowd manager supervisors shall be provided at a ratio of 1:250, crowd manager/supervisor to occupants, respectively, unless otherwise permitted by the following: (1) This requirement shall not apply to assembly occupancies used exclusively for religious worship with an occupant load not exceeding two-thousand (2000) persons. (2) With the exception of assembly occupancies noted above where alcoholic beverages are consumed, the ratio of trained crowd managers to occupants shall be permitted to be reduced where, in the opinion of the Augusta-Richmond County fire chief, the existence of an approved supervised sprinkler system and the nature of the event warrant. Attachment number 1Page 11 of 11 Commission Meeting Agenda 1/22/2009 1:00 PM ORDINANCE TO AMEND THE CODE TO CREATE REGULATIONS FOR FALSE ALARMS Department:911 Caption:Motion to approve an Ordinance to amend the Augusta-Richmond County Code Title Three - Public Safety, to create a new Chapter Two, to be called "Chapter Two False Alarms"; to create a system of governance for alarm systems intended to summon a public safety response; to establish fees; to provide for penalties for violations; to establish a system of administration for alarm systems; to set conditions for suspensions; to repeal all code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other purposes. (Approved by Public Safety Committee January 12, 2009) Background:These regulations are intended to encourage alarm users to properly use and maintain alarm systems and to reduce or eliminate false alarms that may unduly divert Public Safety resources. Analysis:It is anticipated that these regulations will improve public safety services to the citizens of Augusta-Richmond County and reduce public safety resources spent responding to false alarms. Financial Impact:No negative financial impact is anticipated. Alternatives:Decline to pass this Ordinance. Recommendation:Pass this Ordiniance. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA-RICHMOND COUNTY CODE TITLE THREE- PUBLIC SAFETY, TO CREATE A NEW CHAPTER TWO, TO BE CALLED ³CHAPTER TWO )$/6( $/$506´ TO CREATE A SYSTEM OF GOVERANCE FOR ALARM SYSTEMS INTENDED TO SUMMON A PUBLIC SAFETY RESPONSE; TO ESTABLISH FEES; TO PROVIDE FOR PENALTIES FOR VIOLATIONS; TO ESTABLISH A SYSTEM OF ADMINISTRATION FOR ALARM SYSTEMS; TO SET CONDITIONS FOR SUSPENSION; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, Augusta-Richmond County desires to encourage alarm users to properly use and maintain alarm systems and to reduce or eliminate false alarms that may unduly divert Public Safety resources. WHEREAS, based on the foregoing, the Augusta-Richmond County Commission, recommends adopting a system of governance for alarm systems intended to summon a public safety response; THE AUGUSTA-RICHMOND COUNTY COMMISSION, ordains as follows: TITLE III- PUBLIC SAFETY, CHAPTER TWO. Augusta-Richmond-County Code Title III- Public Safety, Chapter Two, as set forth in the Augusta-Richmond County Code, re adopted July 10, 2007, is hereby amended by striking this Chapter reference in its entirety and inserting in lieu thereof a new Chapter Two, called ³&KDSWHU7ZR)DOVH$ODUPV´DVVHWIRUWKLQ³([KLELW $´KHUHWR SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of January, 2009. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1Page 1 of 7 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on _________________, 2009 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ Attachment number 1Page 2 of 7 Exhibit A Attachment number 1Page 3 of 7 Title III PUBLIC SAFETY Chapter 2 FIREARMS RESERVED Chapter 2 FALSE ALARMS Sec. 3-2-1. Purpose. To encourage alarm users to properly use and maintain alarm systems and to reduce or eliminate false alarms that may unduly divert Public Safety resources. This section governs systems intended to summon a Public Safety response, establishes fees, provides for penalties for violations, establishes a system of administration, and sets conditions for suspension. Sec. 3-2-2. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (a) Alarm Administrator means the Director of 9-1-1. (b) Alarm systems business means a person or business subject to the licensing requirements of Augusta-Richmond County and engaged in selling, leasing, installing, servicing or monitoring alarm systems within the Augusta-Richmond County, Georgia. (c) Alarm user means any owner, tenant or other person or entity that uses or is in control of an alarm system within Augusta-Richmond County, Georgia. (d) Alarm site means the geographical location of a specific alarm system. (e) Alarm system means any assembly of equipment, mechanical or electrical, device or series of devices, including, but not limited, to systems interconnected with a radio frequency method such as cellular or private radio signals, which emit or transmit a remote or local audible, visual or electronic signal indicating an alarm condition and intended to discourage crime and summon a Public Safety response. (f) Automatic dialing device means an alarm system which automatically sends, via telephone, a pre-recorded voice message or coded signal indicating the existence of an emergency situation. (g) Augusta means the Augusta-Richmond County consolidated government or its agents. (h) Commercial premises means any structure or area which is not defined in this section as a governmental or residential premise. (i) County means Richmond County, Georgia, or its agent. Attachment number 1Page 4 of 7 (j) Deactivated alarm means an alarm system that has the primary and secondary power and the telephone line disconnected at the alarm control panel. (k) False alarm means the activation of an alarm system for any reason other than a bona fide request for Public Safety assistance. A false alarm for this section does not include: (1) (2) An alarm caused by physical damage to the alarm system as a result of lightning, wind, or other meteorological event, where there is clear evidence of physical damage to the alarm system; or (3) An alarm caused by disconnection of a telephone circuit beyond the control of the DODUPXVHURUWKHDODUPXVHU¶VDJHQWYHULILHGE\ZULWWHQFRPPXQLFDWLRQIURPWKH telephone company; or (4) An alarm caused by continuous electrical power disruption in excess of four hours. (l) (m) Governmental premises mean a structure or area operated by a government entity not including premises leased to non-governmental entities. (n) Permit year means a calendar year from January to December. (o) Public Safety Responder means the sheriff, police, fire or EMS services for Augusta, Richmond County, Georgia. (p) Residential premises mean any structure serving as a home, residence, or sleeping place by one person or by two or more persons who maintain a common household consistent with the provisions of the Zoning Ordinance for Augusta, Richmond County, Georgia. Sec. 3-2-3. Alarm systems. Every Alarm System Business shall register annually with Augusta-Richmond County. Each registration shall provide the following information: (a) Name, street address and telephone number of the Alarm Systems Business. (b) The Alarm Systems Business license number issued by the State of Georgia. Sec. 3-2-4. Restrictions. Automatic dialing devices prohibited. No alarm user shall operate an alarm system equipped with an automatic dialing device programmed to connect directly to the 9-1-1 Center either via 9-1-1 or any administrative lines of the 9-1-1 Center. Alarm users using an automatic dialing device dialing device programmed to connect directly to 9-1-1 Center shall be determined to be operating a non-permitted alarm system. Such use shall be a violation of this section. Attachment number 1Page 5 of 7 Sec. 3-2-5. Penalties for false alarms. Responsibility for false alarms shall be borne by the alarm user. The following penalties shall be required for each false alarm per alarm system within one permit year: (1) First and second false alarms there is no penalty; (2) The third false alarm will result in written notification that the next false alarm will result in a penalty; (3) The fourth and fifth false alarms: $25.00 each; (4) The sixth and seventh false alarms: $50.00 each; (5) The eighth and above false alarms: $100.00 each; (b) For any violation of the provisions of this section other than a false alarm, a violator shall be subject to a penalty in the amount of $50.00. (c) Augusta-Richmond County may offer an alarm awareness class to alarm users. Alarm users may attend the class, if available, in lieu of paying one civil penalty per calendar year. (d) After responding to an alarm and determining that the alarm was false, the public safety responder shall leave written notice at the alarm site that there was a false alarm. The notice shall include the identity of the responder and time of response. (e) The alarm user shall not be liable for a false alarm that occurs at an alarm site for which the alarm user has previously given a written disconnection notice to the alarm systems business or monitoring service. (f) Payment of penalties: Penalties shall be paid within 30 days from the date of the notification. Violators shall be issued a written invoice which must be paid within 30 days of the notification date. If not paid within the 30-day period, then an additional twentyfive dollars ($25.00) delinquency charge shall be assessed for each 30-day period thereafter until paid in full. (g) The Alarm Administrator is herby authorized by the Augusta-Richmond County Commission to enforce the false alarm ordinance and may issue notifications and invoices for violations of this chapter. (h) The General Counsel of Augusta-Richmond County, or designee, is authorized to file suit on behalf of the Augusta-Richmond County to collect any unpaid citations and any delinquency charge, and the Alarm Administrator, or official designee, is authorized to verify and sign complaints on behalf of Augusta-Richmond County in such suits. If litigation is required to recover the penalties and delinquency charges, the General Counsel or designee, in addition to the penalties and delinquency charges, PD\UHFRYHUUHDVRQDEOHDWWRUQH\V¶IHHVDQGRWKHU costs incurred in bringing the action and collecting the judgment. Attachment number 1Page 6 of 7 (i) Equitable remedy: Augusta-Richmond County may enforce the provisions of this section by applying to a court of competent jurisdiction for an injunction, abatement order or any other appropriate equitable remedy. Sec. 3-2-6. No public duty: The permitting of an alarm system is not intended to, nor will it create a contract, duty or obligation, either expressed or implied, of response. Any and all liability and consequential damage resulting from the failure to respond to a notification is hereby disclaimed and governmental immunity, as provided by law, is retained. By registering the alarm system, the alarm user acknowledges any response may be based on factors such as availability of Public Safety units, priority of calls, weather conditions, traffic conditions, emergency conditions, and staffing levels. Sec. 3-2-7. Repeal of conflicting provisions. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Sec. 3-2-8. Severability of provision: Any part or provision of this ordinance found by a court of competent jurisdiction to be in violation of the Constitution or laws of the United States or the State of Georgia is hereby deemed severable and shall not affect the validity of the remaining provisions of the ordinance. Attachment number 1Page 7 of 7 Commission Meeting Agenda 1/22/2009 1:00 PM Recommendation for awarding Bid Item #08-211 Department:Fire, Chief Howard Willis Caption:Motion to approve recommendation for awarding Bid Item #08-211, Paving of the AFD Training Center. (Approved by Public Safety Committee January 12, 2009) Background:The Augusta Fire Department and the Procurement Department have concluded the bid process for Bid Item #08-211 Paving of the AFD Training Center in accordance to City of Augusta policies and procedures. Analysis:After review of the compliant bid proposals, Blair Construction has met all the specified requirements of the bid documents without taking any exceptions and is within the allocated budget amount with the low bid of $97,264.00. Financial Impact:Funding for this project is allocated in the Phase V SPLOST allocations for the renovation of the training facility property. Alternatives:None at this time Recommendation:It is the opinion of the Augusta Fire Department that, Blair Construction, with a bid of $97,264.00 should be awarded the contract as low bidder. Funds are Available in the Following Accounts: 324-03-4510 207324003 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 1 Memo To: Geri Sams From: Deputy Chief Mike Rogers CC: Howard Willis, Fred Russell, Phyllis Mills Date: December 29, 2008 Re: Recommendation for awarding Bid Item #08-211 Paving of the AFD Training Center The Augusta Fire Department and the Procurement Department have concluded the bid process for Bid Item #08-211 Paving of the AFD Training Center. After review of the compliant bid proposals, Blair Construction has met all the specified requirements of the bid documents without taking any exceptions and is within the allocated budget amount with the low bid of $97,264.00. It is the opinion of the Augusta Fire Department that, Blair Construction, with a bid of $97,264.00 should be awarded the contract as low bidder. RCN Contracting Inc Attachment number 1Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 2 Attachment number 4Page 2 of 2 Commission Meeting Agenda 1/22/2009 1:00 PM Recommendation for awarding Bid Item# 08-200 Department:Fire, Chief Howard Willis Caption:Motion to approve recommendation for awarding Bid Item# 08-200, 100 Ft. Aerial Platform. (Approved by Public Safety Committee January 12, 2009) Background:The Augusta Fire Department and the Procurement Department have concluded the bid process for the purchase of a 100 FT. Aerial Platform. Proposals were received from only one vendor, Ten-8 Fire Equipment. Analysis:After review of their proposal,Ten-8 Fire Equipment has met all the specified requirements of the bid documents without taking any exceptions and within the allocated budget amount. Financial Impact:Funding for this purchase is available in the Fire Department capital budget Alternatives:None at this time. Recommendation:It is the opinion of the Augusta Fire Department that, Ten-8 Fire Equipment with a bid of $944,971.00 should be awarded the contract for Bid Item #08- 200. Funds are Available in the Following Accounts: 274034510 5422210 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 1 Memo To: Geri Sams From: Deputy Chief Mike Rogers CC: Howard Willis, Phyllis Mills Date: December 3, 2008 Re: Recommendation for awarding Bid Item# 08-200, 100 FT. Aerial Platform The Augusta Fire Department and the Procurement Department have concluded the bid process for the purchase of a 100 FT. Aerial Platform. Proposals were received from only one vendor, Ten-8 Fire Equipment. After review of their proposal,Ten-8 Fire Equipment has met all the specified requirements of the bid documents without taking any exceptions and within the allocated budget amount. It is the opinion of the Augusta Fire Department that, Ten-8 Fire Equipment with a bid of $944,971.00 should be awarded the contract for Bid Item #08-200. Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 3 Attachment number 4Page 2 of 3 Attachment number 4Page 3 of 3 Commission Meeting Agenda 1/22/2009 1:00 PM 2008 Licensing Trucks Department:Finance Department, Fleet Management Division Caption:Motion to approve the purchase of 12 Compact Pickup Trucks for Inspectors of Inspections Department (License and Inspections Department). (Approved by Finance Committee January 12, 2009) Background:License and Inspections Department have Code Enforcement Officers and Inspectors that are currently using their privately owned vehicles to perform their inspection and enforcement duties. Some personnel receive auto allowances and some receive reimbursement for mileage. The fluctuation of gas prices over the past 3 years coupled with different methodology of reimbursing the employee for the use of their personal conveyance was the major factor in selecting the use of government vehicles. The plan to provide government vehicles was discussed with the Augusta Construction Advisory Board by Mr. Rob Sherman, Director of License and Inspections Department. The Advisory Board approved the acquisition of 12 trucks for inspectors. A letter of approval is attached as an enclosure. The use of government marked vehicles is most appropriate for inspectors representing Augusta in official duties and consistent with the operational standards for inspectors and code enforcement officers. The arrival of the inspector in a government vehicle reinforces their position with the Government. Analysis:In reviewing the reimbursements for 2007, Fleet Management was able to calculate the average miles driven by day/week for inspectors and code enforcement officers. An inspector will average 55 miles per day (275 per week) with code enforcement officers averaging 48 miles per day (240 per week). This justifies the use of a government vehicle. Fleet Management submitted a request for bids through the Procurement Department utilizing the Demand Star electronic bid system which offers nationwide bid coverage. The Procurement Department received quotes back from 3 venders on bid item 08-188, with only one vender being in compliance: Bobby Jones Ford at a cost of $15,459.00 for each truck (see attached tabulation sheet). Financial Impact:The total cost of the 12 Rangers is $185,508 which is available in the fund 217- Building Division Revenue fund balance. Alternatives:Disapprove the request Recommendation:Recommend the purchase of 12 Ford Rangers from Bobby Jones Ford. Funds are Available in Cover Memo the Following Accounts:217-Revenue Fund Balance REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 2009 COMPACT PICKUP TRUCKS BID 08-188 Bobby Jones Legacy Gordon Required Ford Ford Chevrolet Items Year 2009 BID BID Brand Ford NON NON Model Ranger COMPLIANT COMPLIANT Delivery Date 90 Days 5.01 Model -EC-4x2 (4 Cyl)$15,004.00 $0.00 $0.00 5.01 $15,004.00 5.02 Model -EC-4x2 (6 Cyl)$16,044.00 $0.00 $0.00 5.02 Model -EC-4x4 (6Cyl)$18,558.00 $0.00 $0.00 6.00 OUTFITTER'S SPECIALTY ITEMS 6.01 Fire Extinguisher 40.00 0.00 0.00 6.01 40.00 6.02 Three Plug Outlet Receptacle 45.00 0.00 0.00 6.03 Bed Liner 275.00 0.00 0.00 6.03 275.00 6.04 ToolBox 245.00 0.00 0.00 6.05 Class III Trailer Hitch 190.00 0.00 0.00 6.06 Trailer Wiring 30.00 0.00 0.00 6.07 2" Trailer Ball 12.00 0.00 0.00 6.08 Window Tint 90.00 0.00 0.00 6.08 90.00 6.09 Safety Cone Holder 40.00 0.00 0.00 6.10 Safety Cones 105.00 0.00 0.00 7.00 ALERT WARNING SYSTEMS 7.01 Backup Alarm 50.00 0.00 0.00 7.01 50.00 7.02 Cab Mount LED Flashiong Light 407.00 0.00 0.00 $15,459.00 ALL DEPARTMENTS-COMPACT PICKUP TRUCK-BID OPENING 11/14 @ 11:00 Attachment number 2Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Alpha Phi Alpha Fraternity Inc. Department:Clerk of Commission Caption:Motion to approve a request from Alpha Phi Alpha Fraternity, Inc. regarding city sponsorship through the purchase of tickets for the 12th Annual Rev. Dr. Martin Luther King, Jr. Unity Breakfast. (Approved by Finance Committee January 12, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Consider waiving interest on Map 8397 Department:Tax Commissioner's Office Caption:Motion to approve allowing Mr. Dennis Myers to make payment of his tax bill in two payments. (Approved by the Finance Committee January 12, 2009) Background:This mobile home sits on a corner lot. Some corner lots may use either address as the mailing address. This office recognizes whatever the Tax Assessor's Office provides to us. This office has offered to adjust penalty. The tax payer promised to pay this bill in full in year's past, but as of this date, has not. Analysis:Interest in the amount of $44.91 to be approved for waiver or denied. Financial Impact:$44.91 Alternatives: Recommendation:No recommendation from this office. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM EMS Contract Correction Department:Finance Caption:Motion to approve correction of 2008 contract for EMS services by Gold Cross due to a typographical error. (Approved by Finance Committee January 12, 2009) Background:The contract approved by the commission for the extention for 911 ambulance and emergency medical services dated 06/19/2007, item number 2 contained a typographical error. The amount included in the contract was $1,300,0000 and should have been $1,330,000 which was referenced as the agreed upon amount in the 2005 contract. Analysis:The contract approved by the commission for the extention for 911 ambulance and emergency medical services dated 06/19/2007, item number 2 contained a typographical error. The amount included in the contract was $1,300,0000 and should have been $1,330,000. Financial Impact:The contract approved by the commission for the extention for 911 ambulance and emergency medical services dated 06/19/2007, item number 2 contained a typographical error. The amount included in the contract was $1,300,0000 and should have been $1,330,000. This has resulted in the 2008 budget being understated by $30,000. Alternatives: Recommendation:Approve the correction of the contract and increase the budget from $1,300,000 to $1,330,000(the correct amount. Funds are Available in the Following Accounts: General Fund REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Historic Augusta Department:Clerk of Commission Caption:Motion to approve authorization for Historic Augusta, Inc. to prepare and submit a 2009 Historic Preservation Fund Grant Application on behalf of the City of Augusta in order to complete phase two of a historic resources survey of the Harrisburg-West End Historic District. (Approved by Finance Committee January 12, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Increase Code Enforcement CDBG Budget Department:Finance Caption:Motion to increase the budget for CDBG Code Enforcement Grant from $50,000 to $84,375. (Approved by Finance Committee January 12, 2009) Background:CDBG Grant reimburses the county 100% for two full time License and Inspectors salaries. There is no required match. Original budget was understated. Analysis:CDBG Grant reimburses the county 100% for two full time License and Inspectors salaries. There is no required match. Original budget was understated. Financial Impact: Alternatives:1) increase budget to $84,375 and receive reimbursement from CDBG Grant 2) fund inspector's salaries from general fund and receive no reimbursement. Recommendation:approve Funds are Available in the Following Accounts: cdbg funding REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM January 2009 Refund Request from Board of Assessors Department:Board of Tax Assessors Caption:Motion to approve refund request from A-1 Sanitation Service Inc. for January, 2009. (Approved by Fnance Committee January 12, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 3 Attachment number 1Page 2 of 3 Attachment number 1Page 3 of 3 Commission Meeting Agenda 1/22/2009 1:00 PM L.P.B. Properties Department:Clerk of Commission Caption:Motion to approve a request from L.P.B. Properties regarding a refund of taxes in the amount of $13,868.45 and penalty in the amount of $8,019.41 for property located at 2531 Center West Parkway in the total amount of $21,887.86. (Approved by Finance Committee January 12, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 4 Attachment number 2Page 2 of 4 Attachment number 2Page 3 of 4 Attachment number 2Page 4 of 4 Commission Meeting Agenda 1/22/2009 1:00 PM Property Insurance for 2009 Department:Finance/Risk Management Caption:Motion to approve property insurance coverage for 2009 offered through Affilliiated FM Insurance for a premium of $266,457 on a $50,000 deductible policy ($100,000 deductible on flood and earth movement). Breakdown on premium quote: $248,957 property coverage, $10,000 engineering fee and $7,500 terrorism coverage. (Approved by Finance Committee January 12, 2009) Background:Dawson , Taylor and Company Insurance Agency seeks annual quotes from the insurance market for coverage on buildings and contents. Quotes are obtained from only carriers with an A or better rating. Three quotes have been received for 2009. Affiliated FM Insurance is low bidder and is providing greater coverage for the exposure. The premium quote from all bidders is attached and is based on property values of $530,923,881. Analysis: Financial Impact:Based on current property values of $530,923,881 premium quote for 2009 is $266,457. Alternatives:1. Drop coverage and retain risk 2. Reduce premium by only insuring those property representing the largest losses should an event damage these structures (Municipal Building, Law Enforcement Center, RCCI, etc.) Recommendation:Approve insurance coverage for 2009 through Affiliated FM Insurance with $50,000 deductible for premium of $266,457. Effective date of coverage is February 1, 2009 through February 1, 2010. Funds are Available in the Following Accounts:611 015212 52.31110 Risk Management REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 1Page 1 of 1 Attachment number 1Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Richmond County Health Department Department:Clerk of Commission Caption:Motion to approve a request from the Richmond County Health Department regarding a 15% proposed fee schedule adjustment associated with its environmental health services. (No recommendation from Finance Committee January 12, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 2 Attachment number 1Page 2 of 2 Commission Meeting Agenda 1/22/2009 1:00 PM Teresa L. Tuten Department:Clerk of Commission Caption:Motion to approve a request from Ms. Teresa L. Tuten of Teresa's Treasures for a refund of interest in the amount of $129 and accept the penalty regarding her 2007 taxes. business. (Approved by Finance Committee January 12, 2009) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Transition Ctr Land Swap Department:Finance Caption:Motion to approve reimbursement of Federal Funds to HCD for the appraised value of 1328 Baker Ave(Transition Ctr). (Approved by Finance Committee January 12, 2009) Background:The Library purchase transaction for 842 Greene Street included swapping 1328 Baker Ave for 842 Greene Street. The property at 1328 Baker Ave was originally purchased with federal funding. According to federal regulations if any asset purchased with federal funding is either sold or disposed of , those funds must be returned to the federal government. HCD is an agent for the federal government. 1328 Baker Avenue has an appraised value of $200,000. The $200,000 must be refunded to HCD as agent for the federal government. Analysis:According to federal regulations if any asset purchased with federal funding is either sold or disposed of , the funds must be returned to the federal government. HCD is an agent for the federal government. 1328 Baker Avenue has an appraised value of $200,000. The $200,000 must be refunded to HCD as agent for the federal government. Financial Impact:Reimburse HCD for the $200,000 with the funds from SPLOST IV Library project. Alternatives:None Recommendation:Reimburse HCD for $200,000. Funds are Available in the Following Accounts: Funds are available in 324-05-1120/202150320 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM 1811 Sibley Road Pipe Replacement Department:Public Services Department-Maintenance Division Caption:Motion to award bid to L-J, Inc., (Low Bidder) in the amount of $123,950 for the removal of 520' x 60" failed corrugated metal pipe (CMP). The failed CMP will be replaced with HDPE. Request that this project be approved under emergency conditions due to the enormous cave-in that has occurred. Contractor has been given a "Notice to Proceed" under emergency conditions. (Approved by Engineering Services Committee January 12, 2009) Background:The failed CMP has suffered an enormous cave-in causing a void in the parking area of approximately 15' x 5'x 6'. Analysis:Without immediate attention, the failed 60" pipe will continue to deteriorate causing a larger void in the asphalt and creating further hazards to residents in that area. Financial Impact:Funds are available in SPLOST IV, Grading and Drainage. Alternatives:1. Award bid to L-J, Inc., (Low Bidder) in the amount of $123,950 for the removal of 520' x 60" failed corrugated metal pipe (CMP). The failed CMP will be replaced with HDPE. Request that this project be approved under emergency conditions due to the enormous cave-in that has occurred. Contractor has been given a "Notice to Proceed" under emergency conditions. Recommendation:#1. Award bid to L-J, Inc., (Low Bidder) in the amount of $123,950 for the removal of 520' x 60" failed corrugated metal pipe (CMP). The failed CMP will be replaced with HDPE. Request that this project be approved under emergency conditions due to the enormous cave-in that has occurred. Contractor has been given a "Notice to Proceed" under emergency conditions. Funds are Available in the Following Accounts: Funds are available in Account #324-04-1110/201824021 REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Agenda Item Condemnation National Retail Services Department:Attorney Caption:Motion to authorize condemnation to acquire title of a portion of property for a right-of-way consisting of 8312.22 square feet, a permanent construction easement of 14406.26 square feet, site improvements (asphalt, concrete and light pole) and cost to repair landscaping, parking and damages to sign for the Alexander Drive Project. A temporary driveway easement is necessary. The total appraised value is $407,200.00. Project Parcel 1 (Tax Map 013-3, Parcel 011-03), 2745 Washington Road. (Approved by Engineering Services Committee January 12, 2009) Background:The City has been unable to reach an agreement with the property owners. In order to proceed and avoid further delays, it is necessary to condemn a portion of subject property as described above. 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 Commission Meeting Agenda 1/22/2009 1:00 PM Approve Bid Package 3 for Judicial Center Department:Public Services Department - Facilities Management Division Caption:Motion to provide authorization to Potts Construction Company to award Bid Package #3, in the amount of $7,102,179.00, which includes Building Foundations and Concrete Frame for the new Judicial Center. (Approved by Engineering Servcies Committee January 12, 2009) Background:Potts Construction was selected under RFQ 07-180 as the Judicial Center Project’s Construction Manager at Risk. The Design Team, led by Turner Associates, completed the concrete frame bid documents in November, and bids were accepted and reviewed by Potts, under the observation of the Procurement Department. Analysis:The following is the lowest responsive, responsible bidder, as determined by Potts Construction to perform the work: Foundations and Concrete Frame Carter Concrete 1960 Parker Court Suite C Stone Mountain, GA 30087 The Scope of Work includes Building Foundations and Concrete Frame, and is within the budgeted amount that was estimated for this phase of the work. Potts Construction, in conjunction with the Design and Program Management Team, will provide oversight during this and subsequent phases of the project. Proceeding with this work now will allow construction to proceed in an expedited fashion, leading to quicker completion of the new Judicial Center. Financial Impact:The amount for Bid Package #3 is a component of the Guaranteed Maximum Price (GMP), which is scheduled to be established and approved in February, 2009. The total GMP is currently budgeted to not exceed $48.5M. Alternatives:1. Provide authorization to Potts Construction Company to award Bid Package #3, in the amount of $7,102,179.00, which includes Building Foundations and Concrete Frame for the Judicial Center, thus facilitating continuation of construction of the new Judicial Center. 2. Wait until the Guaranteed Maximum Price is established in February 2009, and delay the completion of the facility by three (3) months and face potential price increases. Recommendation:#1. Provide authorization to Potts Construction Company to award Bid Package #3, in the amount of $7,102,179.00, which includes Building Foundations and Concrete Frame for the Judicial Center, thus facilitating continuation of construction of the new Judicial Center. Cover Memo Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: Judicial Center: Account #324-05-1120/201150500 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Approve Proposal from Graves Engineering for Special Inspections and Construction Materials Testing Services for the New Judicial Center Department:Public Services Department - Facilities Management Division Caption:Motion to approve proposal from Graves Engineering, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center. (Approved by Engineering Services Committee January 12, 2009) Background:Graves Engineering has performed geotechnical engineering services on the Judicial Center project since 2003. This proposal will formalize the agreement with Graves and clarify the scope of work, as well as delineate the division of work responsibilities between Graves and ATC Associates. The Judicial Center is scheduled to commence structural fill and foundation work in January, 2009. As the project’s geotechnical engineer, Graves is well-positioned to perform the site work and foundations portion of the work. ATC will retain a leadership role for the special inspections. Analysis:The quality control enhancements that these “on call” services bring to the project is required by the jurisdictional Building Code. Graves Engineering will provide the site work testing and foundations evaluations under a stand- alone contract, with ATC Associates performing special inspections and testing on the remaining construction with Graves Engineering acting as their sub-consultant. Financial Impact:The contract will establish “not to exceed” amounts based upon the stated assumptions described in the attached proposal. Actual fees will be determined by actual quantities of tests/inspections, as determined by field conditions. The "not to exceed" contract amount for Graves Engineering is $122,000.00. Alternatives:1. Approve Proposal from Graves Engineering, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center. 2. Retain ATC as the sole Materials Testing and Special Inspections firm, at a cost of $240,257.50. Recommendation:#1. Approve Proposal from Graves Engineering, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center. Funds are Available in the Following Accounts: Funds are Available in Account: #324-05-1120/201150500 Cover Memo REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 4 Attachment number 1Page 2 of 4 Attachment number 1Page 3 of 4 Attachment number 1Page 4 of 4 Attachment number 2Page 1 of 22 Attachment number 2Page 2 of 22 Attachment number 2Page 3 of 22 Attachment number 2Page 4 of 22 Attachment number 2Page 5 of 22 Attachment number 2Page 6 of 22 Attachment number 2Page 7 of 22 Attachment number 2Page 8 of 22 Attachment number 2Page 9 of 22 Attachment number 2Page 10 of 22 Attachment number 2Page 11 of 22 Attachment number 2Page 12 of 22 Attachment number 2Page 13 of 22 Attachment number 2Page 14 of 22 Attachment number 2Page 15 of 22 Attachment number 2Page 16 of 22 Attachment number 2Page 17 of 22 Attachment number 2Page 18 of 22 Attachment number 2Page 19 of 22 Attachment number 2Page 20 of 22 Attachment number 2Page 21 of 22 Attachment number 2Page 22 of 22 Attachment number 3Page 1 of 21 Attachment number 3Page 2 of 21 Attachment number 3Page 3 of 21 Attachment number 3Page 4 of 21 Attachment number 3Page 5 of 21 Attachment number 3Page 6 of 21 Attachment number 3Page 7 of 21 Attachment number 3Page 8 of 21 Attachment number 3Page 9 of 21 Attachment number 3Page 10 of 21 Attachment number 3Page 11 of 21 Attachment number 3Page 12 of 21 Attachment number 3Page 13 of 21 Attachment number 3Page 14 of 21 Attachment number 3Page 15 of 21 Attachment number 3Page 16 of 21 Attachment number 3Page 17 of 21 Attachment number 3Page 18 of 21 Attachment number 3Page 19 of 21 Attachment number 3Page 20 of 21 Attachment number 3Page 21 of 21 Attachment number 4Page 1 of 15 Attachment number 4Page 2 of 15 Attachment number 4Page 3 of 15 Attachment number 4Page 4 of 15 Attachment number 4Page 5 of 15 Attachment number 4Page 6 of 15 Attachment number 4Page 7 of 15 Attachment number 4Page 8 of 15 Attachment number 4Page 9 of 15 Attachment number 4Page 10 of 15 Attachment number 4Page 11 of 15 Attachment number 4Page 12 of 15 Attachment number 4Page 13 of 15 Attachment number 4Page 14 of 15 Attachment number 4Page 15 of 15 Attachment number 5Page 1 of 9 Attachment number 5Page 2 of 9 Attachment number 5Page 3 of 9 Attachment number 5Page 4 of 9 Attachment number 5Page 5 of 9 Attachment number 5Page 6 of 9 Attachment number 5Page 7 of 9 Attachment number 5Page 8 of 9 Attachment number 5Page 9 of 9 Attachment number 6Page 1 of 35 Attachment number 6Page 2 of 35 Attachment number 6Page 3 of 35 Attachment number 6Page 4 of 35 Attachment number 6Page 5 of 35 Attachment number 6Page 6 of 35 Attachment number 6Page 7 of 35 Attachment number 6Page 8 of 35 Attachment number 6Page 9 of 35 Attachment number 6Page 10 of 35 Attachment number 6Page 11 of 35 Attachment number 6Page 12 of 35 Attachment number 6Page 13 of 35 Attachment number 6Page 14 of 35 Attachment number 6Page 15 of 35 Attachment number 6Page 16 of 35 Attachment number 6Page 17 of 35 Attachment number 6Page 18 of 35 Attachment number 6Page 19 of 35 Attachment number 6Page 20 of 35 Attachment number 6Page 21 of 35 Attachment number 6Page 22 of 35 Attachment number 6Page 23 of 35 Attachment number 6Page 24 of 35 Attachment number 6Page 25 of 35 Attachment number 6Page 26 of 35 Attachment number 6Page 27 of 35 Attachment number 6Page 28 of 35 Attachment number 6Page 29 of 35 Attachment number 6Page 30 of 35 Attachment number 6Page 31 of 35 Attachment number 6Page 32 of 35 Attachment number 6Page 33 of 35 Attachment number 6Page 34 of 35 Attachment number 6Page 35 of 35 Commission Meeting Agenda 1/22/2009 1:00 PM Approve Revised Proposal from ATC Associates for Special Inspections and Construction Materials Testing Services for the New Judicial Center Department:Public Services Department - Facilities Management Division Caption:Motion to approve Revised Proposal from ATC Associates, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center, reducing their Role and Fee to Provide for Local Participation. (Approved by Engineering Services Committee January 12, 2009) Background:At the July 10, 2008 Commission Meeting, ATC Associates was approved as the Special Inspections and Construction Materials Testing firm for the Webster Detention Center, Main Library and the Judicial Center. ATC has now agreed to a reduction of their fee and work scope for the Judicial Center Project, thus allowing for participation of a local engineering firm. Analysis:The project will benefit from the quality control enhancements that these “on call” services bring to the projects. Financial Impact:The contract will establish “not to exceed” amounts based upon the stated assumptions described in the attached proposal. Actual fees will be determined by actual quantities of tests/inspections, as determined by field conditions. The "not to exceed" amount of ATC’s Contract will be $130,697.50. Alternatives:1. Approve Revised Proposal from ATC Associates, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center, reducing their Role and Fee to Provide for Local Participation. 2. Retain ATC as the sole materials testing and special inspection firm, at a cost of $240,257.50. Recommendation:#1. Approve Revised Proposal from ATC Associates, Inc. for Special Inspections and Construction Materials Testing Services in conjunction with the new Judicial Center, reducing their Role and Fee to Provide for Local Participation. Funds are Available in the Following Accounts:Funds are Available in Account: #324-05-1120/201150500 REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo 1841 West Oak Parkway, Suite F Marietta, Georgia 30062 www.atcassociates.com 770.427.9456 Fax 770.427.1907 November 18, 2008 Augusta-Richmond County c/o Heery International 501 Greene Street, Suite 313 Augusta, GA 30901 Attention: Mr. Bob Munger Re: Budget Estimate to Provide Special Inspection Services and Construction Materials Testing Augusta Richmond County Judicial Center Augusta, GA ATC Proposal Number 27105B Dear Mr. Munger: ATC Associates is pleased to submit this budget estimate to provide special inspection and construction materials testing services for this project. We understand that another firm will provide the soils and earthwork, pile evaluation and concrete testing for this project. ATC will provide the special inspections for concrete, reinforcing steel, masonry, structural steel & bolt evaluation, fireproofing and asphalt pavement. Our cost estimate was developed based upon our review of preliminary project plans, specifications and the Master Schedule dated November 7, 2008. We have estimated a total cost of $130,697.50 for performing special inspection services and construction materials testing services. Please note that this is a cost estimate and the cost for our services will be dependent upon the actual quantity of services scheduled by the General Contractor. Services performed beyond the scope of work listed will result in additional costs for our services. The actual cost of ATC’s testing services will be based on the attached unit fee schedule. If you find this budget estimate acceptable please issue a purchase order so that we may complete our files. We would request receiving one copy of the project plans and specifications prior to the start of work. Attachment number 1Page 1 of 7 Attachment number 1Page 2 of 7 ATC Proposal Number 27105B1 Page 1 AUGUSTA RICHMOND COUNTY JUDICIAL CENTER Augusta, Georgia Scope of Work and Cost Budget 1.0 SPECIAL INSPECTIONS AND CONSTRUCTION MATERIALS TESTING SERVICES: (Concrete, reinforcing steel, masonry, structural steel weld & bolt evaluation, fireproofing and asphalt pavement testing) 1.1 Estimate 35 weeks x 40 hours per week x $55.00 per hour...................................................................................................$77,000.00 1.2 Estimate 35 weeks x 5 hours per week overtime average x $55.00 per hour x 1.5.......................................................$14,437.50 1.3 Structural Steel Weld & Bolt Evaluation, estimate 4 weeks x 25 hours per week x $70.00 per hour ...............................$7,000.00 1.4 Materials Engineer for field data review, estimate 35 weeks x 3 hours per week x $75.00 per hour ....................................$7,875.00 1.5 Project Management, field data review, meetings and consultation, estimate 35 weeks x 1 hour per week x $135.00 per hour ................................................................................$4,725.00 1.6 Trip Charge, estimate 180 trips x $100.00 per trip...........................$18,000.00 1.7 Laboratory Services 1.7.1. Modified GAB Proctor, estimate 1 x $135.00 per each............................................................................................$135.00 1.7.2. Mortar Cubes, estimate 15 sets x 3 per set x $10.00 per each .........................................................................$450.00 1.7.3. Grout Prisms, estimate 15 sets x 3 per set x $15.00 per each .........................................................................$675.00 1.7.4. Asphalt Marshalls, estimate 1 x $125.00 per each............................................................................................$125.00 Attachment number 1Page 3 of 7 ATC Proposal Number 27105B1 Page 2 1.7.5. Asphalt Extraction/Gradation, estimate 1 x $125.00 per each .......................................................................$125.00 1.7.6. Asphalt Cores, estimate 3 x $25.00 per each..............................$75.00 1.7.7. Asphalt Density Tests, estimate 3 x $25.00 per each..............................................................................................$75.00 Subtotal ..............................................................................$130,697.50 Attachment number 1Page 4 of 7 ATC Proposal Number 27105B1 Page 3 SUMMARY 1.0 SPECIAL INSPECTIONS AND CONSTRUCTION MATERIALS TESTING SERVICES.........................................................$130,672.50 TOTAL......................................................................................................$130,672.50 NOTE: The above budget estimate was prepared based upon the best available preliminary information. Services required beyond the Scope of Work listed will result in additional costs for our services. We have assumed a 5 day per week work schedule with no overtime. The actual cost for our services will be based on the enclosed unit fee schedule. The attached scope of services does not include re-tests. The hourly rates are portal to portal. Overtime rates will be applicable for services performed outside normal working hours, over 8 hours per day within this period, and on Saturdays, Sundays and holidays at 1.5 times the standard hourly rate for technicians. There will be a minimum charge of two (2) hours per visit for our services. Attachment number 1Page 5 of 7 2008 Unit Fee Schedule CONSTRUCTION MATERIALS TESTING SERVICES 1. Senior Engineering Technician for soil density, trench backfill, concrete, asphalt and pavement evaluation in accordance with ASTM standards and Project Specifications.............................................$45.00/hour 2. Engineering Aide for concrete, reinforcing steel placement observation and masonry inspections in accordance with Project Specifications.............................................................................................$55.00/hour 3. Project Geotechnical and Materials Engineer for foundation, and subgrade evaluation and other geotechnical related issues and report review ..............................................................................................$75.00/hour 4. Senior Registered Engineer for field data review, meetings and consultation as needed............................................................................$135.00/hour 5. Senior Structural Steel Technician, N.D.E. for non-destructive structural steel evaluation utilizing ultrasonic, magnetic particle, dye penetrant, visual and bolt torque testing services in accordance with project specifications ......................................................$70.00/hour 6. Floor flatness (FF) and levelness (FL) of concrete floors utilizing an Auto Floor Profiler (DIPSTICK)..................................................................$55.00/hour 7. Senior Roofing Technician, to monitor roofing membrane installation according to the contract documents and latest industry standards (If requested) ...........................................................................$55.00/hour 8. Compressive strength testing of concrete cylinders (Plastic molds)...........$8.00/each 9. Compressive strength testing of mortar cubes..........................................$10.00/each 10. Compressive strength testing of grout prisms...........................................$20.00/each 11. Standard soils Proctor (ASTM D698).....................................................$135.00/each 12. Modified soils Proctor (ASTM D1557).................................................... $135.00/each Attachment number 1Page 6 of 7 13. Natural Moisture Content (ASTM D2216).................................................$10.00/each 14. Atterberg Limits (ASTM D4318)................................................................$75.00/each 15. Sieve and Hydrometer Analysis (ASTM D422).........................................$75.00/each 16. Asphalt Marshall test ..............................................................................$125.00/each 17. Asphalt extraction / gradation test.......................................................... $125.00/each 18. Asphalt density test....................................................................................$25.00/each 19. Mileage for ATC personnel to and from site...............................................$0.585/mile 20. Trip Charge................................................................................................ $100.00/trip 21. Clerical Services........................................................................................$45.00/hour 22. CADD Services..........................................................................................$35.00/hour 23. Nextel/Radio ........................................................................................... $60.00/month 24. Non-destructive testing equipment rental....................................................$50.00/day NOTES: 1. Engineering Charges are applicable for time spent in initiating, supervising, coordinating, closing out projects, evaluating field and laboratory data, report preparation and review, consultation and site observations. 2. The hourly rates are portal to portal. Overtime rates will be applicable for services performed outside normal working hours, over 8 hours per day within this period, and on Saturdays, Sundays and holidays at 1.5 times the standard hourly rate for technicians. 3. A minimum charge of two hours per visit will be charged for field personnel. 4. The attached unit rate fee schedule is valid through December 31, 2009. There will be a price escalation of 5% if this project goes past this date. Attachment number 1Page 7 of 7 Commission Meeting Agenda 1/22/2009 1:00 PM Authorize Award of Deep Foundation Package for the Augusta Judicial Center Department:Public Services Department - Facilities Management Division Caption:Motion to ratify authorization letter to authorize Potts Construction Company to award Bid Package 2, consisting of Deep Foundation Auger Cast Piles and Pile Reinforcing, to L.G. Barcus & Sons and CMC Rebar Carolinas, thus facilitating continuation of construction of the new Judicial Center. Background:Potts Construction was selected under RFQ 07-180 as the Judicial Center Project’s Construction Manager at Risk. The Design team, led by Turner Associates, completed deep foundations bid documents in October, and bids were accepted and reviewed by Potts, under the observation of the Procurement Department. Analysis:L.G. Barcus & Sons and CMC Rebar Carolinas were the lowest responsive, responsible bidders, as determined by Augusta’s selected CM at Risk firm. Work includes Deep Foundation Auger Cast Piles and Pile Reinforcing, and is within the budgeted amount for this work. Potts Construction, in conjunction with the Design and Program Management team, will provide oversight during this and subsequent phases of the project. Proceeding with this work now will allow construction to proceed in an expedited fashion, leading to a quicker completion of the new Judicial Center. Financial Impact:A total, Guaranteed Maximum fee of $877,844.00 will be charged against the total Guaranteed Maximum Price (GMP), which is scheduled to be established and approved in February, 2009. The total GMP is budgeted to be approximately $48.5M. Alternatives:1. Authorize Potts Construction Company to award Bid Package 2, consisting of Deep Foundation Auger Cast Piles and Pile Reinforcing to L.G. Barcus & Sons and CMC Rebar Carolinas, thus facilitating continuation of construction of the new Judicial Center. 2. Wait until the Guaranteed Maximum Price is established prior to awarding Bid Package 2 and delay the start of the project. Recommendation:#1. Authorize Potts Construction Company to award Bid Package 2, consisting of Deep Foundation Auger Cast Piles and Pile Reinforcing to L.G. Barcus & Sons and CMC Rebar Carolinas, thus facilitating continuation of construction of the new Judicial Center. Funds are Available in the Following Judicial Center: Account #324-05-1120/201150500 Cover Memo Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Page 1 of 6 AJC - Tracking Budget Est 11/13/2008 5:26 AM B-2 Schedule "A" Attachment"E" Augusta Richmond County Judicial Center - 27 Tracking Budget Estimate at Bid Package 02 - Deep Foundation Piles Exhibit B-2 Schedule "A" Attachment "E" Project name AJC - Tracking Budget Est B-2 Schedule "A" Attachment"E" Augusta GA Estimator WSS/JGS/JCB/SWH Bid date 11/13/2008 2:00 PM Report format Sorted by 'Group phase/Phase' 'Phase' summary Allocate addons Print item notes Attachment number 2Page 1 of 6 Page 2 of 6 AJC - Tracking Budget Est 11/13/2008 5:26 AM B-2 Schedule "A" Attachment"E" Description Quantity Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Total Unit Cost Amount 02000.0 SITE CONSTRUCTION 02060.0 Site Demolition 182,668.00 sqft 02080.0 Hazardous Material Abate 182,668.00 sqft 02105.0 Site Engineering 182,668.00 sqft 0.092/sqft 16,720 0.092/sqft 16,720 02210.0 Site Grading 182,668.00 sqft 3.86 /sqft 704,621 3.86 /sqft 704,621 02211.0 Finish Site Grading/Bobca 182,668.00 sqft 0.103/sqft 18,875 0.103/sqft 18,875 02215.0 Erosion Control 182,668.00 sqft 02280.0 Soil Treatment 182,668.00 sqft 0.031/sqft 5,580 0.031/sqft 5,580 02370.0 Bored/Augered Piles 182,668.00 sqft 4.68 /sqft 854,842 4.68 /sqft 854,842 02510.0 Asphaltic Concrete Paving 182,668.00 sqft 3.05 /sqft 556,414 3.05 /sqft 556,414 02515.0 Unit Pavers 182,668.00 sqft 0.50 /sqft 90,381 0.50 /sqft 90,381 02521.0 Concrete Curb & Gutter 182,668.00 sqft 0.74 /sqft 135,166 0.74 /sqft 135,166 02522.0 Walks & Pads 182,668.00 sqft 0.22 /sqft 39,909 0.384/sqft 70,075 0.602/sqft 109,984 02580.0 Pavement Marking 182,668.00 sqft 0.06 /sqft 10,719 0.06 /sqft 10,719 02660.0 Water Distribution 182,668.00 sqft 02685.0 Gas Distribution Systems 182,668.00 sqft 02710.0 Subdrainage Systems 182,668.00 sqft 02720.0 Storm Sewerage 182,668.00 sqft 02730.0 Sanitary Sewer 182,668.00 sqft 02785.0 Electrical Power Transmis 182,668.00 sqft 02790.0 Site Commun. Conduits 182,668.00 sqft 0.093/sqft 16,936 0.093/sqft 16,936 02801.0 Modular Retaining Walls 182,668.00 sqft 02830.0 Fences 182,668.00 sqft 0.19 /sqft 34,330 0.19 /sqft 34,330 02870.0 Site & Street Furnishings 182,668.00 sqft 0.304/sqft 55,496 0.14 /sqft 25,000 0.441/sqft 80,496 02900.0 Landscaping 182,668.00 sqft 1.06 /sqft 193,418 1.06 /sqft 193,418 SITE CONSTRUCTION 182,668.00 sqft 0.63 /sqft 114,279 14.86 /sqft 2,714,202 15.484/sqft 2,828,481 03000.0 CONCRETE 03055.0 S.O.G. Pourous Fill 182,668.00 sqft 0.16 /sqft 28,864 0.16 /sqft 28,864 03210.0 Reinforcing Steel 182,668.00 sqft 1.183/sqft 216,107 1.183/sqft 216,107 03250.0 Concrete Accessories 182,668.00 sqft 0.161/sqft 29,494 0.161/sqft 29,494 03300.0 Cast in Place Concrete 182,668.00 sqft 1.70 /sqft 310,418 1.181/sqft 215,713 2.88 /sqft 526,131 03305.0 Concrete Pumping 182,668.00 sqft 0.21 /sqft 38,272 0.21 /sqft 38,272 03310.A Structural Concrete 182,668.00 sqft 32.473/sqft 5,931,766 32.473/sqft 5,931,766 CONCRETE 182,668.00 sqft 3.202/sqft 584,883 33.863/sqft 6,185,750 37.07 /sqft 6,770,633 04000.0 MASONRY 04200.0 Unit Masonry 182,668.00 sqft 3.20 /sqft 584,335 6.632/sqft 1,211,409 9.831/sqft 1,795,744 04200.2 Unit Masonry - CMU Walls 182,668.00 sqft 1.14 /sqft 207,621 1.02 /sqft 185,844 2.154/sqft 393,465 04400.0 Stone 182,668.00 sqft 0.922/sqft 168,492 0.922/sqft 168,492 MASONRY 182,668.00 sqft 4.34 /sqft 791,956 8.572/sqft 1,565,745 12.91 /sqft 2,357,701 05000.0 METALS 05120.0 Structural Steel 182,668.00 sqft 1.13 /sqft 206,000 1.13 /sqft 206,000 05160.0 Framing System/Pre-Engine 182,668.00 sqft 05720.0 Ornamental Handrails Rail 182,668.00 sqft 0.67 /sqft 122,400 0.67 /sqft 122,400 METALS 182,668.00 sqft 1.80 /sqft 328,400 1.80 /sqft 328,400 06000.0 WOOD AND PLASTICS Attachment number 2Page 2 of 6 Page 3 of 6 AJC - Tracking Budget Est 11/13/2008 5:26 AM B-2 Schedule "A" Attachment"E" Description Quantity Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Total Unit Cost Amount 06050.0 Fasteners & Adhesives 182,668.00 sqft 0.091/sqft 16,614 0.091/sqft 16,614 06100.0 Rough Carpentry 182,668.00 sqft 0.52 /sqft 94,457 0.193/sqft 35,182 0.71 /sqft 129,639 06220.0 Millwork 182,668.00 sqft 16.38 /sqft 2,991,265 16.38 /sqft 2,991,265 06240.0 Laminates 182,668.00 sqft 1.27 /sqft 231,629 1.27 /sqft 231,629 06450.0 Standing & Running Trim 182,668.00 sqft 0.39 /sqft 70,648 0.39 /sqft 70,648 06600.0 GFRC Fabrications 182,668.00 sqft 0.894/sqft 163,255 1.74 /sqft 317,080 2.63 /sqft 480,335 WOOD AND PLASTICS 182,668.00 sqft 0.52 /sqft 94,457 1.18 /sqft 215,051 19.77 /sqft 3,610,622 21.46 /sqft 3,920,130 4,160.00 Labor hours 07000.0 THERMAL AND MOISTURE PROT 07100.0 Waterproofing 182,668.00 sqft 0.073/sqft 13,389 0.073/sqft 13,389 07150.0 Dampproofing 182,668.00 sqft 0.044/sqft 8,077 0.044/sqft 8,077 07240.0 Stucco Soffits 182,668.00 sqft 0.182/sqft 33,162 0.182/sqft 33,162 07250.0 Fireproofing 182,668.00 sqft 0.192/sqft 35,037 0.192/sqft 35,037 07510.0 Modified Bitumen Roofing 182,668.00 sqft 7.02 /sqft 1,282,213 7.02 /sqft 1,282,213 07610.0 Metal Roofing 182,668.00 sqft 2.013/sqft 367,797 2.013/sqft 367,797 07920.0 Sealants & Caulking 182,668.00 sqft 0.52 /sqft 94,853 0.52 /sqft 94,853 THERMAL AND MOISTURE PROT 182,668.00 sqft 10.043/sqft 1,834,527 10.043/sqft 1,834,527 08000.0 DOORS AND WINDOWS 08001.0 Doors, Frames, & Hardware 182,668.00 sqft 4.422/sqft 807,668 0.824/sqft 150,580 5.25 /sqft 958,248 08360.0 Overhead Doors 182,668.00 sqft 0.771/sqft 140,882 0.771/sqft 140,882 08410.0 Aluminum Entrances & Stor 182,668.00 sqft 5.46 /sqft 996,481 5.46 /sqft 996,481 DOORS AND WINDOWS 182,668.00 sqft 4.422/sqft 807,668 7.051/sqft 1,287,943 11.472/sqft 2,095,611 09000.0 FINISHES 09250.0 Gypsum Wallboard 182,668.00 sqft 16.883/sqft 3,083,909 16.883/sqft 3,083,909 09300.0 Tile 182,668.00 sqft 0.70 /sqft 127,759 0.70 /sqft 127,759 09380.0 Terrazzo 182,668.00 sqft 2.644/sqft 482,901 2.644/sqft 482,901 09525.0 Resilient Flooring 182,668.00 sqft 0.40 /sqft 72,351 0.40 /sqft 72,351 09680.0 Carpet 182,668.00 sqft 2.772/sqft 506,309 2.772/sqft 506,309 09780.0 Floor Treatment 182,668.00 sqft 0.04 /sqft 7,173 0.071/sqft 13,000 0.11 /sqft 20,173 09800.0 Special Coatings 182,668.00 sqft 1.174/sqft 214,375 1.174/sqft 214,375 09900.0 Painting 182,668.00 sqft 1.494/sqft 272,906 1.494/sqft 272,906 09950.0 Wallcovering 182,668.00 sqft 0.43 /sqft 78,280 0.43 /sqft 78,280 FINISHES 182,668.00 sqft 0.04 /sqft 7,173 26.561/sqft 4,851,791 26.60 /sqft 4,858,964 10000.0 SPECIALTIES 10115.0 Marker Boards 182,668.00 sqft 0.02 /sqft 3,427 0.02 /sqft 3,427 10165.0 Toilet Partitions & Acces 182,668.00 sqft 0.67 /sqft 122,385 0.67 /sqft 122,385 10200.0 Louvers & Vents 182,668.00 sqft 10260.0 Wall & Corner Guards 182,668.00 sqft 0.03 /sqft 5,350 0.03 /sqft 5,350 10270.0 Access Flooring 182,668.00 sqft 10350.0 Flagpoles 182,668.00 sqft 0.08 /sqft 13,950 0.08 /sqft 13,950 10440.0 Signage 182,668.00 sqft 0.821/sqft 150,000 0.821/sqft 150,000 10500.0 Lockers 182,668.00 sqft 10520.0 Fire Ext. Cabinets, Acces 182,668.00 sqft 0.03 /sqft 4,711 0.03 /sqft 4,711 10650.0 Operable Partitions 182,668.00 sqft 10850.0 Miscellaneous Specialties 182,668.00 sqft Attachment number 2Page 3 of 6 Page 4 of 6 AJC - Tracking Budget Est 11/13/2008 5:26 AM B-2 Schedule "A" Attachment"E" Description Quantity Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Total Unit Cost Amount SPECIALTIES 182,668.00 sqft 0.06 /sqft 10,061 1.59 /sqft 289,762 1.641/sqft 299,823 11000.0 EQUIPMENT 11020.0 Security & Vault Equipmen 182,668.00 sqft 11130.0 Audio Visual Equipment 182,668.00 sqft 0.10 /sqft 18,000 0.10 /sqft 18,000 11190.0 Security and Detention Eq 182,668.00 sqft 6.85 /sqft 1,250,830 6.85 /sqft 1,250,830 11452.0 Residential Appliance 182,668.00 sqft 11900.0 Acoustical Wall Treatment 182,668.00 sqft 0.471/sqft 85,998 0.471/sqft 85,998 EQUIPMENT 182,668.00 sqft 7.42 /sqft 1,354,828 7.42 /sqft 1,354,828 12000.0 FURNISHINGS 12500.0 Window Treatments 182,668.00 sqft 0.09 /sqft 16,485 0.09 /sqft 16,485 12690.0 Entry Mats 182,668.00 sqft 0.023/sqft 4,271 0.022/sqft 3,992 0.05 /sqft 8,263 12700.0 Multiple Seating 182,668.00 sqft 0.692/sqft 126,447 0.692/sqft 126,447 FURNISHINGS 182,668.00 sqft 0.023/sqft 4,271 0.804/sqft 146,924 0.83 /sqft 151,195 13000.0 SPECIAL CONSTRUCTION 13120.0 Division 13 Subcontractor 182,668.00 sqft 0.552/sqft 100,770 0.552/sqft 100,770 SPECIAL CONSTRUCTION 182,668.00 sqft 0.552/sqft 100,770 0.552/sqft 100,770 14000.0 CONVEYING SYSTEMS 14200.0 Elevators 182,668.00 sqft 4.281/sqft 782,000 4.281/sqft 782,000 14400.0 Lifts 182,668.00 sqft CONVEYING SYSTEMS 182,668.00 sqft 4.281/sqft 782,000 4.281/sqft 782,000 15000.0 MECHANICAL 15300.0 Fire Protection 182,668.00 sqft 3.19 /sqft 582,470 3.19 /sqft 582,470 15400.0 Plumbing 182,668.00 sqft 8.97 /sqft 1,638,219 8.97 /sqft 1,638,219 15500.0 HVAC 182,668.00 sqft 25.02 /sqft 4,569,631 25.02 /sqft 4,569,631 MECHANICAL 182,668.00 sqft 37.173/sqft 6,790,321 37.173/sqft 6,790,321 16000.0 ELECTRICAL 16010.0 Electrical Subcontractor 182,668.00 sqft 18.42 /sqft 3,364,175 18.42 /sqft 3,364,175 16600.0 Special Systems 182,668.00 sqft 1.114/sqft 203,547 1.114/sqft 203,547 16610.0 Fire Alarm System 182,668.00 sqft 1.35 /sqft 246,602 1.35 /sqft 246,602 16700.0 Communication Systems/Aud 182,668.00 sqft 1.97 /sqft 359,074 1.97 /sqft 359,074 ELECTRICAL 182,668.00 sqft 22.85 /sqft 4,173,398 22.85 /sqft 4,173,398 17000.0 MISCELLANEOUS Attachment number 2Page 4 of 6 Page 5 of 6 AJC - Tracking Budget Est 11/13/2008 5:26 AM B-2 Schedule "A" Attachment"E" Description Quantity Labor Unit Cost Amount Material Unit Cost Amount Subcontract Unit Cost Amount Total Unit Cost Amount 17100.0 Miscellaneous 182,668.00 sqft Attachment number 2Page 5 of 6 Page 6 of 6 AJC - Tracking Budget Est 11/13/2008 5:26 AM B-2 Schedule "A" Attachment"E" Estimate Totals Description Amount Totals Hours Rate Cost Basis Cost per Unit Labor 94,457 4,160.000 hrs Material 2,535,343 Subcontract 36,016,983 Equipment Other 38,646,783 38,646,783 Sub Bonds 720,340 2.000 %C 720,340 39,367,123 Dtl Design/Market Ctngy 1,309,129 L 1,309,129 40,676,252 Escalation 1,768,030 4.347 %T 1,768,030 42,444,282 CM/GC Contingency 1,061,107 2.500 %T 1,061,107 43,505,389 Lump Sum GC/Fee/Precon 4,994,611 L 4,994,611 48,500,000 Total 48,500,000 Attachment number 2Page 6 of 6 Attachment number 3Page 1 of 26 Attachment number 3Page 2 of 26 Attachment number 3Page 3 of 26 Attachment number 3Page 4 of 26 Attachment number 3Page 5 of 26 Attachment number 3Page 6 of 26 Attachment number 3Page 7 of 26 Attachment number 3Page 8 of 26 Attachment number 3Page 9 of 26 Attachment number 3Page 10 of 26 Attachment number 3Page 11 of 26 Attachment number 3Page 12 of 26 Attachment number 3Page 13 of 26 Attachment number 3Page 14 of 26 Attachment number 3Page 15 of 26 Attachment number 3Page 16 of 26 Attachment number 3Page 17 of 26 Attachment number 3Page 18 of 26 Attachment number 3Page 19 of 26 Attachment number 3Page 20 of 26 Attachment number 3Page 21 of 26 Attachment number 3Page 22 of 26 Attachment number 3Page 23 of 26 Attachment number 3Page 24 of 26 Attachment number 3Page 25 of 26 Attachment number 3Page 26 of 26 Attachment number 4Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Consider location of Commission Chambers Department:Public Services Department - Facilities Management Division Caption:Motion to approve the selection of the courtrooms on the second floor of the Municipal Building as a new location for the Commission Chambers. (Approved by Engineering Services Committee January 12, 2009) Background:Groundbreaking for the new Judicial Center was held on December 17, 2008 with anticipated completion in roughly two years. When the Judges move, a significant amount of space in the existing Municipal Building will be available to relieve overcrowding for the governmental operations that remain. One of those operations is the Commission Meetings and the need for increased space to accommodate the public. Analysis:Attendance at Commission Committee and full Commission Meetings has increased over the years to the point where both the Committee Room and Commission Chambers are often overcrowded. This results, not only in an inconvenience to the citizens, but possible safety issues as well. Conversion of one of the courtrooms on the second floor of the building to Commission Chambers would alleviate much of the overcrowding. Furthermore, the second floor location has a much larger public space outside the room that would also help reduce the crowding currently experienced. The process of planning for the Municipal Building after the departure of the Judges is beginning. This is one of many decisions that will need to be made as this process progresses. Financial Impact:The cost would be determined by the amount of work desired. Alternatives:1. Consider selection of the courtrooms on the second floor of the Municipal Building as a new location for the Commission Chambers. 2. Select another location. 3. Stay in the current location Recommendation:#1. Consider selection of the courtrooms on the second floor of the Municipal Building as a new location for the Commission Chambers. Funds are Available in the Following Accounts: None required at this time. REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Deed of Easement Dedication from Augusta, Georgia 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. (Approve by Engineering Services Committee January 12, 2009) 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 sanitary sewer pipeline, AUD will need to cross 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:The eleven properties are owned by Augusta, Georgia, and managed by the Central Savannah River Land Trust. Construction of the pipeline has been discussed with the CSRLT, which is joining in the granting of the Deed of Easement Dedication. Augusta's approval of the Deed of Easement Dedication is being sought so that the Deed may be recorded in realty records, thereby creating a record, and history, of the pipeline that is more easily accessible to the public. Also, since CSRLT has an interest in the properties, by virtue of the Conservation Easement, it will need to sign a Deed agreeing to the easements. Financial Impact:None Alternatives:Do not approve the Deed of Easement Dedication. Since the properties are owned by Augusta, Georgia, it is not mandatory that a Deed be recorded. Information on the sanitary sewer pipeline may be obtained by viewing the design/as built plans located in the Augusta Utilities Department office. In this case, a separate Deed of Easement Dedication may be prepared for the signature of the Central Savannah River Land Trust. 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. Cover Memo Funds are Available in the Following Accounts: 511043420-5411120 80360107-5411120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Design Contract for Augusta Utilities Department Project Fort Gordon Replacement of the Water Distribution System in the vicinity of Eisenhower Hospital Department:Utilities Caption:Motion to approve design contract to James G. Swift & Associates in the amount of $101,300.00 for the Fort Gordon Replacement of the Water Distribution System in the vicinity of Eisenhower Hospital. (Approved by Engineering Servcies Committee January 12, 2009) Background:The Privatization of Water/Wastewater Utilities contract between Fort Gordon and Augusta Richmond County was awarded September 2007. The requirements of the contract include executing Initial Capital Upgrades (ICU) and Renewal and Replacement (R&R) projects for the water and wastewater systems throughout the installation of Fort Gordon. One of the Renewal & Replacement projects is to provide a design to replace 5,700 L.F. of existing asbestos cement (AC) water main and replace it with 10” ductile iron pipe (DIP), while maintaining water service to the hospital at all time. Analysis:Augusta Utilities Department evaluated James G Swift & Associates proposal for engineering services to design the water main in the vicinity of Fort Gordon Eisenhower Hospital. The proposal is considered fair and reasonable to accomplish the project. Financial Impact:The amount submitted for the design of this project is $101,300.00.These funds are available from account 507043410-5425110 / 88880102-5425110 Alternatives:1. Reject the award of the engineering contract, which would delay the design of the project and the installation of the Fort Gordon Replacement to the Water Distribution System in the vicinity of Eisenhower Hospital. 2. Award the engineering contract to James G Swift & Associates to design the Fort Gordon Replacement of the Water Distribution System in the vicinity of Eisenhower Hospital . Recommendation:Recommend award of the design contract for Fort Gordon Replacement to the Water Distribution System in the vicinity of Eisenhower Hospital to James G Swift & Associates at $101,300.00 Funds are Available in the Following Accounts: 507043410-5425110 / 88880102-5425110 from account $101,300.00Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 7 Attachment number 1Page 2 of 7 Attachment number 1Page 3 of 7 Attachment number 1Page 4 of 7 Attachment number 1Page 5 of 7 Attachment number 1Page 6 of 7 Attachment number 1Page 7 of 7 Attachment number 2Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Eisenhower Emergency Driveway Department:Abie L. Ladson, PE, Director Caption:Motion to approve an amount of $30,000.00 to provide construction materials for Eisenhower Emergency Driveway. Funding is available in SPLOST Phase 2 Recapture Account number 326-041110-288811333 as requested by the Engineering Department. (Approved by Engineering Services Committee January 12, 2009) Background:Eisenhower Drive extends from Washington Road and ends at both Lynndale School, and Parks and Recreation ball fields. A proposed driveway will be constructed northwest of Lynndale School and intersect with Riverwatch Parkway. The proposed driveway will provide emergency vehicle access for emergencies at both Lynndale School and the ball parks. On occasions Eisenhower Drive is blocked by trains, providing no access to the school and the ball parks in case of an emergency. The gated emergency driveway will be used by emergency officials for emergency purposes only. The Engineering Department designed the driveway, and the Georgia Department of Transportation (GDOT) has signed a contract with the County to provide $9,000.00 in State-Aid. This project was bid twice, and the results were $82,000.00 and $72,000.00. To prevent major cost overruns, the Public Services Department was asked to provide the construction services for this project. The only cost the County would incur is $30,000.00 for construction materials. Analysis:The cost for construction material is estimated at $30,000.00. Financial Impact:Funds are available in 326-041110-288811333 Alternatives:1) Approve an amount of $30,000.00 to provide construction materials for Eisenhower Emergency Driveway. 2) Do not approve, and risk loosing $9,000.00 of State-Aid funds. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 326-041110-288811333 REVIEWED AND APPROVED BY: Cover Memo Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Engineering ReOrg Chart Phase II Department:Abie L. Ladson, PE, Director Caption:Motion to approve Phase II of the Engineering Department Reorganization to provide a more efficient structure and increase productivity. (Approved by Engineering Services Commmittee January 12, 2009) Background:The financial impact associated with the revised organizationof the Engineering Department will result in a savings of $87,463.15 a year. Analysis:n/a Financial Impact:n/a Alternatives:1) Officially approve the Reorganization. 2) Do not approve Reorganization. Recommendation:Approve Department Reorganization. Funds are Available in the Following Accounts: No additional funds are required. REVIEWED AND APPROVED BY: Finance. Human Resources. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 43 Attachment number 1Page 2 of 43 Attachment number 1Page 3 of 43 Attachment number 1Page 4 of 43 Attachment number 1Page 5 of 43 Attachment number 1Page 6 of 43 Attachment number 1Page 7 of 43 Attachment number 1Page 8 of 43 Attachment number 1Page 9 of 43 Attachment number 1Page 10 of 43 Attachment number 1Page 11 of 43 Attachment number 1Page 12 of 43 Attachment number 1Page 13 of 43 Attachment number 1Page 14 of 43 Attachment number 1Page 15 of 43 Attachment number 1Page 16 of 43 Attachment number 1Page 17 of 43 Attachment number 1Page 18 of 43 Attachment number 1Page 19 of 43 Attachment number 1Page 20 of 43 Attachment number 1Page 21 of 43 Attachment number 1Page 22 of 43 Attachment number 1Page 23 of 43 Attachment number 1Page 24 of 43 Attachment number 1Page 25 of 43 Attachment number 1Page 26 of 43 Attachment number 1Page 27 of 43 Attachment number 1Page 28 of 43 Attachment number 1Page 29 of 43 Attachment number 1Page 30 of 43 Attachment number 1Page 31 of 43 Attachment number 1Page 32 of 43 Attachment number 1Page 33 of 43 Attachment number 1Page 34 of 43 Attachment number 1Page 35 of 43 Attachment number 1Page 36 of 43 Attachment number 1Page 37 of 43 Attachment number 1Page 38 of 43 Attachment number 1Page 39 of 43 Attachment number 1Page 40 of 43 Attachment number 1Page 41 of 43 Attachment number 1Page 42 of 43 Attachment number 1Page 43 of 43 Commission Meeting Agenda 1/22/2009 1:00 PM Lady Justice Department:Public Services Department - Facilities Management Division Caption:Motion to approve relocation of the "Lady Justice" statue behind the Municipal Building to the new Judicial Center. (Approved by Engineering Services Committee January 12, 2009) Background:The statue of "Lady Justice", currently on a pedestal at the rear of the Municipal Building, has historically been associated with the courts. The statue originally was located on top of the previous courthouse. The plans for the new Judicial Center show the statue as a focal point for the entrance. Analysis:Because of the historic association of this statue with the courts, relocation should be considered. Financial Impact:No funding is being requested at this time. Alternatives:1. Approve relocation of the "Lady Justice" statue behind the Municipal Building to the new Judicial Center. 2. Do not approve relocation of the statue. Recommendation:#1. Approve relocation of the "Lady Justice" statue behind the Municipal Building to the new Judicial Center. Funds are Available in the Following Accounts: No funding is being requested at this time. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Morgan Rd CPB #4 & Contract Award 1208 Department:Abie L. Ladson, PE, Director Caption:Motion to approve CPB #323-041110-296823665 Change Number Four in the amount of $4,426,497.96 with funding of $1,190,849.00 from SPLOST Phase III, and $215,649.00 from SPLOST Phase III for Project Construction. Also approve award of Construction Contract to Mabus Brothers Construction, Co., Inc. in the amount of $4,426,497.96 for the Morgan Road Improvement Project, subject to receipt of a detailed project schedule, a contractor’s project team approved by the Engineering Department, a traffic control plan, a staging plan, a detail plan and method approved by the Engineering Department for constructing the proposed Concrete Box Culvert, signed contract(s), and proper bonds. (Approved by Engineering Services Committee January 12 2009) Background:On February 16, 1999, the Commission authorized the Morgan Road Improvement Project. This project consists of constructing a three lane roadway with curb and gutter, enclosed storm drainage, and sidewalks. Improvements will extend from Deans Bridge Road (US 1) to Tobacco Road. Analysis:Bids were received on October 9, 2008 with Mabus Brothers Construction Co., Inc. being the low bidder. Bid results are as follow: CONTRACTORS BID 1. Mabus Brothers Construction Co., Inc. $4,426,497.96 2. Beam’s Contracting $4,657,863.69 3. Reeves Construction $4,722,757.75 4. Blair Construction $4,857,790.33 5. Construction Perfected, Inc. $5,378,047.00 It is the Engineering Department recommendation to award this project to the low bidder, subject to receipt of the following items: 1. Detailed Project Schedule 2. Contractor’s Project Team Approval by AED 3. Traffic Control Plan 4. Staging Plan 5. A detail plan and method approved by the Engineering Department for constructing the proposed Concrete Box Culvert 6. Signed Contracts and Proper Bonds Financial Impact:Funds are available in SPLOST Phase III 323-000000-3921000 & SPLOST Phase III 323-041110-6011110/296823333 to be transferred to the project account upon Commission approval. Alternatives:1)Approve CPB # 323-041110-296823665Change Four in the amount of $4,426,497.96 with funding of $1,190,849 from SPLOST Phase II, and $215,498.00 from SPLOST Phase III for Project Construction. Also approve award of Construction Contract to Mabus Brothers Construction, Co., Inc. in the amount of $4,426,497.96 for the Morgan Road Improvement Project, subject to receipt of a detailed project schedule, a contractor’s project team approved by the Engineering Department, a traffic control plan, a staging Cover Memo plan, a detail plan and method approved by the Engineering Department for constructing the proposed Concrete Box Culvert, signed contract(s), and proper bonds. 2)Do not approve and eliminate project. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 323-00-0000-3952110 323-04-1110-6011110/296823333-6011110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo 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: The project is authorized to CPB#323-041110-296823665. This project consist of constructing a three lane roadway with curb and gutter, enclosed storm drainage, and sidewalks. This change request additional funding of $1,190,849 from SPLOST Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III 2,641,900$ Special 1% Sales Tax, Phase I 698,100$ Special 1% Sales Tax, Phase I Recapture 549,193$ Special 1% Sales Tax, Phase II 1,190,849$ Special 1% Sales Tax, Phase III 215,649$ 5,295,691$ Section 3: The following amounts are appropriated for the project: By Basin By District Phinizy Swamp $5,295,691 1st 5,295,691$ 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 CPB#323-041110-296823665 CAPITAL PROJECT BUDGET MORGAN ROAD CHANGE NUMBER FOUR Phase II and $215,649 from SPLOST Phase III. 1 of 2 11-4-2008 Attachment number 1Page 1 of 2 Augusta-Richmond County, Georgia CPB#323-041110-296823665 CAPITAL PROJECT BUDGET MORGAN ROAD CHANGE NUMBER FOUR CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPECIAL 1% SALES TAX, PHASE III 323-04-1110-6011110-296823333 ($1,641,900) ($215,649) ($1,857,549) SPECIAL 1% SALES TAX, PHASE II 322-04-1110-6011110-292822333 ($1,190,849) ($1,190,849) SPECIAL 1% SALES TAX, PHASE I 321-04-1110-6011110-288821333 ($698,100) ($698,100) SPECIAL 1% SALES TAX, PHASE I ($549,193) ($549,193) 321-04-1110-6011110-288821333 SPECIAL 1% SALES TAX, PHASE III ($1,000,000) ($1,000,000) 323-00-0000-000000000 TOTAL SOURCES: ($3,889,193) ($1,406,498) ($5,295,691) USE OF FUNDS ENGINEERING 323-04-1110-5212115-296823665 $169,000 $0 $169,000 ADVERTISING 323-04-1110-5233119-296823665 $1,000 $0 $1,000 RIGHT OF WAY 323-04-1110-5411120-296823665 $100,000 $0 $100,000 CONSTRUCTION 323-04-1110-5414310-296823665 $2,700,000 $1,726,498 $4,426,498 UTILITIES 323-04-1110-5414510-296823665 $599,193 $0 $599,193 CONTINGENCY 323-04-1110-6011110-296823665 $320,000 ($320,000) $0 TOTAL USES: $3,889,193 $1,406,498 $5,295,691 2 of 2 11-4-2008 Attachment number 1Page 2 of 2 Attachment number 2Page 1 of 1 Attachment number 3Page 1 of 1 Attachment number 4Page 1 of 1 Attachment number 5Page 1 of 2 Attachment number 5Page 2 of 2 Attachment number 6Page 1 of 4 Attachment number 6Page 2 of 4 Attachment number 6Page 3 of 4 Attachment number 6Page 4 of 4 Attachment number 7Page 1 of 2 Attachment number 7Page 2 of 2 Attachment number 8Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Motion to Approve CSX-617059 Facility Encroachment Agreement Department: Caption:Motion to approve CSX-617059 Encroachment Agreement between CSX Transportation, Inc. and Augusta, Georgia. (Approved by Engineering Servcies Committee January 12,2009) Background:The Augusta Utilities Department is constructing a sanitary sewer pipeline for the Goodrich Street Raw Water Pump Station. The path of the pipeline calls for it to travel under a railroad track owned by CSX Transportation. Analysis:CSX has agreed to the sanitary sewer pipeline crossing under their tracks. To this end, they have submitted their encroachment agreement for signature. Financial Impact:$4,000.00 Alternatives:Do not approve the motion to approve the encroachment agreement. Recommendation:Approve the motion to approve the encroachment agreement with CSX Transportation. Funds are Available in the Following Accounts: 507043410-5425110 80110250-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 20 Attachment number 1Page 2 of 20 Attachment number 1Page 3 of 20 Attachment number 1Page 4 of 20 Attachment number 1Page 5 of 20 Attachment number 1Page 6 of 20 Attachment number 1Page 7 of 20 Attachment number 1Page 8 of 20 Attachment number 1Page 9 of 20 Attachment number 1Page 10 of 20 Attachment number 1Page 11 of 20 Attachment number 1Page 12 of 20 Attachment number 1Page 13 of 20 Attachment number 1Page 14 of 20 Attachment number 1Page 15 of 20 Attachment number 1Page 16 of 20 Attachment number 1Page 17 of 20 Attachment number 1Page 18 of 20 Attachment number 1Page 19 of 20 Attachment number 1Page 20 of 20 Commission Meeting Agenda 1/22/2009 1:00 PM Motion to Approve Two -Year Lease of 360 Bay Street for Utilities Department Department:Utilities Department Caption:Motion to approve two-year lease (with option to renew two additional years) for 360 Bay Street for continued use of Utilities Operations at this location. (Approved by Engineering Services Committee January 12, 2009) Background:The Utilities Department is currently leasing space at this location and has expanded the amount of leased space at this location over the years. There is currently no lease agreement in place. Analysis:It is in the best interest of both Augusta, Georgia and the landlord of 360 Bay Street to formalize the terms of the space being leased at 360 Bay Street. Financial Impact:The schedule or rent payments is included as part of the lease attached hereto as Exhibit "A". Payment for the space is included in the Utilities Department Budget. Alternatives:Alternatives would include continuing to lease the space without a lease, or changing the terms of the lease. Recommendation:Approval of lease. Funds are Available in the Following Accounts: In Utilities Department Budget. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo 360 Bay Street Lease Page 1 RICHMOND COUNTY GEORGIA MASTER LEASE AGREEMENT FOR 360 BAY STREET AUGUSTA, GEORGIA 7KLV/HDVH$JUHHPHQW³/HDVH´PDGHDQGHQWHUHGLQWRWKLVBBBBBB day of January, 2009, by and between Hutch Holdings, a Georgia corporation with its principle address at P.O. Box 13310, Savannah, Georgia 31416 (hereinafter referred WR DV ³/HVVRU´ and Augusta-Richmond County, a political sub-division of the State of Georgia, whose address is 501 Greene Street, Suite 301, Augusta, Georgia 30901 KHUHLQDIWHUUHIHUUHGWRDV³/HVVHH´IRU the Augusta-Richmond County Utilities Department. 1. LESSOR ±Landlord Hutch Holdings P.O. Box 13310 Savannah, Georgia 31416 Phone 912-236-7575 Fax 912-495-9605 Attn: 2. LESSEE ±Tenant Augusta-Richmond County Georgia 501 Greene Street, Suite 301 Augusta, Georgia 30901 Phone 706-821-2426 Fax 706-821-2484 Attn: Mr. Rick Acree 3. AGREEMENT. Lessor hereby leases to Tenant and Tenant hereby leases from Lessor the following property known as 360 Bay Street Augusta, Georgia. The leased space consists of approximately 11,389 square feet of total usable space as well as the common use of other common areas of the building as needed for reasonable use. The leased space includes 304 square feet known as suite 101; 470 square feet known as suite 110; 334 square feet known as suite 150; 6459 square feet known as suite 180; 1981 square feet known as suite 200; 1841 square feet known as suite 210. 4. TERM. The term of this lease shall initially be for approximately two (2) years starting the date when this agreement is executed and ending, December 31, 2010. Lessee shall have an option to renew this lease for two (2) additional years. Attachment number 1Page 1 of 9 360 Bay Street Lease Page 2 5. RENT. Tenant agrees to pay Landlord at the address shown above, or as amended, rent for the lease premises, on a monthly basis as follows: Year 1 $12,658.67 per month for Year 2009 Year 2 $13,101.72 per month for year 2010 Year 3 $13,560.28 per month for year 2011 Year 4 $14,034.89 per month for year 2012 6. RENT DUE DATES. Rent is due in advance on the 1st day of each month. 7. LANDLORD SERVICES. Subject to other express terms and provisions of this agreement, Landlord will provide the following services: A. For all public areas and special service areas to the building: 1) Electric current for lighting and for nominal building maintenance and operations usage, and 2) Electric lighting and gas service, and 3) Heating, ventilating and/or air conditioning as required on a seasonal basis, and 4) Routine maintenance, painting, and decorating, and 5) Janitorial service on a five (5) day per week basis. 6) Water and plumbing service (from the public water supply) for domestic use in restrooms and drinking fountains for general use of all tenants in the building, and 7) Elevator service where applicable. 8) Snow removal after at least two (2) inches of accumulation where applicable. 9) Parking lot maintenance, lighting & cleaning. B. For all Tenant areas in the Building: 1) (OHFWULFFXUUHQWIRUOLJKWLQJDQGIRU7HQDQW¶V incidental uses consistent with the operations of business offices, provided that the electricity so furnished will be at a nominal 120 volts and such electricity will be used only for equipment and accessories normal to office usage, and 2) Electric lighting service for Building standard Attachment number 1Page 2 of 9 360 Bay Street Lease Page 3 lighting fixtures, and gas service. 3) Heating, ventilating, and/or air conditioning 8:00 A.M. to 7:00 P.M. Monday thru Friday and after hours or on weekends upon reasonable notice by Tenant to Landlord. 4) Routine maintenance, and 5) Janitorial service on a five (5) day per week basis, and 6) Water and plumbing service for restrooms. 8. COMMON AREAS. The 360 Bay Street Building contains Common Area space consisting of lobby areas, hallways and other space not within a specific suite, parking lot, outdoor landscaping, elevator, stairs, building safety alarm systems, etc. 9. REPAIRS AND MAINTENANCE. A. 7HQDQW ZLOO DW 7HQDQW¶V H[SHQVH NHHS WKH OHDVHG premises in good order, repair and condition at all times during the Term, and Tenant shall promptly and DGHTXDWHO\ UHSDLU DOO GDPDJH RFFDVLRQHG E\ 7HQDQW¶V negligence to the leased premises and replace or repair all damaged or broken fixtures and appurtenances, under the supervision and subject to the reasonable approval of the Landlord, and within any reasonable period of time specified by the Landlord. If the Tenant does not do so, Landlord may but need not, make such repairs and replacements, and, if such damage was caused by Tenant, Tenant shall pay Landlord the cost thereof. Landlord may, upon written notice to Tenant, enter the leased premises at all reasonable times to make such repairs, alterations, improvements and additions to the leased premises or to the Building or to any equipment located in the Building as Landlord shall desire or deem necessary or as Landlord may be required to do by governmental authority or court order or decree. B. Tenant shall not commit or allow any unreasonable waste or damage to be committed on any portion of the leased premises, and at the termination of this Lease, by lapse of time or otherwise, Tenant shall deliver said leased premises to Landlord in as good condition Attachment number 1Page 3 of 9 360 Bay Street Lease Page 4 as of the date of initial possession by Tenant, ordinary wear and tear excepted, and upon such ter- mination of this lease, Landlord shall have the right to re-enter and resume possession of the leased premises. The cost and expense of any repair necessary to restore the condition of the leased premises to said condition in which they are to be delivered to Landlord shall be borne by Tenant. C. Tenant may, at its expense, install security fencing and lighting to the parking lot; however, tenant shall, if requested by Landlord, remove all lighting and fencing at the termination of this lease by elapse of time or otherwise. 10. ASSIGNMENT OR SUBLEASE. Tenant shall not assign or, in any manner, transfer this Lease or any estate or interest herein, or sublet the leased premises or any part thereof; or grant any license, concession or other right of occupancy of any portion of the leased premises, or use or permit same to be used for any other purpose than stated in the use clause hereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Consent by Landlord to one or more assignments, subletting or uses shall QRW RSHUDWH DV D ZDLYHU RI /DQGORUG¶V ULJKWV DV WRDQ\ subsequent assignment, subletting, or uses. Notwithstanding any assignments or subletting, Tenant and any guarantor of 7HQDQW¶V REOLJDWLRQV XQGHU WKLV OHDVH VKDOO DW DOOWLPHV remain fully responsible and liable for the payment of the rent herein specified and for the compliance with all of the 7HQDQW¶VRWKHUREOLJDWLRQVXQGHUWKLV/HDVHDQGLWVKDOOQRW be necessary for Landlord to join any such sublessee or assignee hereof in any action of Landlord against Tenant resulting from default by such sublessee or assignee under WKHWHUPVRIWKH/HDVH8SRQWKHRFFXUUHQFHRIDQ³HYHQWRIGHIDXOW´ DV KHUHLQDIWHU GHILQHG LI the leased premises or any part thereof are or have been assigned and/or sublet, Landlord, in addition to any other remedies herein provided by law, may, at its option, collect directly from such assignee or sublessee all rents becoming due to Tenant under such assignment or sublease and apply such rent against any sum due to it by Tenant hereunder, and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunder. Attachment number 1Page 4 of 9 360 Bay Street Lease Page 5 11. ADDITIONS AND ALTERATIONS. A. Except as otherwise indicated in this Lease, Tenant shall not, without the prior written consent of Landlord, make any alterations, improvements or additions to the leased premises. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, and plans and specifications plus permits necessary for such work. The work necessary to make any alterations, improvements or additions to the leased premises shall EHGRQHDW7HQDQW¶VH[SHQVH$OOZRUNGRQHE\7HQDQW or its contractors pursuant to this Lease shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. B. Except as otherwise indicated in this Lease or other agreement, all permanent alterations, improvements and additions to the leased premises whether temporary or permanent in character, made or paid for by Landlord or Tenant, shall without compensation to Tenant become /DQGORUG¶VSURSHUW\DWWKHWHUPLQDWLRQRIWKLV/HDVH by lapse of time or otherwise and shall, unless Landlord requests their removal, be relinquished to Landlord in good condition, ordinary wear excepted. It is understood and agreed between the parties that technological improvements (i.e., computer, phone, communications and other system wiring and implements) are specifically excluded from this provision. 12. TAXES. To be paid by the Lessor. 13. LESSOR INSURANCE. Landlord shall provide fire, casualty and commercial liability insurance on the building itself but not the Lessee nor their equipment and possessions. Attachment number 1Page 5 of 9 360 Bay Street Lease Page 6 14. LESSEE INSURANCE. Lessee shall provide- or be self-insured for- all fire, casualty and liability insurance for all its business operations on the leased premises. Lessor shall be specifically included as an additional named insured on any policy of insurance that Lessee has or obtains as related to fire, casualty and liability insurance. 15. USE. The space shall be used for General Office Space, Meeting Rooms, Hearing Rooms, etc. 16. SIGNS. Tenant shall not post or paint any signs at, on or about the leased premises or paint the exterior walls of the building without the prior written consent of the Lessor. 17. COMPLIANCE WITH LAWS AND REGULATIONS. Tenant shall, at its own expense, comply with all laws, orders and requirements of all government entities with reference to the use and occupancy of the leased premises. 18. COMPLIANCE WITH BUILDING RULES AND REGULATIONS. Tenant agrees to abide by all reasonable Building Rules and Regulations of Landlord. 19. NOTICES. Notices to Lessor and Lessee shall be sent by certified mail to the attention of the parties (and their successors by amendment) as listed below: 20. LESSOR Hutch Holdings c/o Rex Property & Construction Management Company P.O. Box 1302 Augusta, Georgia 30903 Phone 706-722-4962 Fax 706-722-0982 Attn: Mr. David Moretz LESSEE Augusta-Richmond County Georgia 501 Greene Street, Suite 301 Augusta, Georgia 30901 Phone 706-821-2426 Fax 706-821-2484 Attn: Mr. Rick Acree Attachment number 1Page 6 of 9 360 Bay Street Lease Page 7 21. WAIVER OF BREACH. Except as otherwise provided by law, the waiver by Lessor or Lessee of any breach of any provision of this lease shall not constitute a continuing waiver of any subsequent breach or a different provision of this lease. 22. INTERUPTION OF UTILITIES. If any utility services furnished by Lessor are interrupted despite the good faith effort of Lessor to remedy same, Lessor shall not be liable in any respect for damages to the person or property of Lessee or the property of Lessee¶VHPSOR\HHVDJHQWVRUJXHVWV/HVVRU shall use reasonable diligence to repair and remedy such interruption promptly. 23. DESTRUCTION. In the event the lease premises is partly damaged or destroyed or rendered partially unfit for occupancy by fire or other casualty, Lessor may repair the damage and restore the leased premises to substantially the same condition as immediate1y prior to the occurrence of the casualty. If the leased premises are totally destroyed or deemed by the Lessor to be rendered unfit for occupancy by fire or other casualty, or if Lessor shall decide not to repair or rebuild, this lease shall terminate and the rent shall be paid to the time of such loss. 24. SUBORDINATION. Lessor may subordinate this lease to any mortgage, Deed of Trust, or other lien hereafter placed on the premises. Lessee agrees to execute such further instruments subordinating this lease as Lessor may request. Such subordination shall be recognized by the mortgagee, and the rights of Lessee shall remain in full force and effect during the term of this lease so long as Lessee shall continue to perform all of the covenants and conditions of this lease. 25. ESTOPPEL CERTIFICATE. The Tenant agrees that, upon written request by Landlord, the Tenant will, within a reasonable time, deliver to Landlord a statement in writing certifying: A. that this Lease is unmodified and in full force and effect (or if there have been modifications that the Lease as modified is in full force and effect); B. the dates to which rent and other charges have been paid; and Attachment number 1Page 7 of 9 360 Bay Street Lease Page 8 26. LIABILITY. Lessor and its employees and agents shall not be liable to Lessee or to Lessee's employees, patrons, visitors, invites, or any other persons for any injury to any such persons or for damage to personal property caused by any, omission or neglect of Lessee or Lessee's agents or of any other tenant of the space leased by Lessee. Lessor shall be liable for maintaining common areas of 360 Bay Street. 27. RIGHT OF ENTRY. Lessor, with prior notice and mutual agreement with Lessee, shall have the right during normal business hours to enter the premises: a) to inspect the general condition and state of repair thereof and, b) to make repairs required or permitted under this lease, or c) for any other reasonable purpose. 28. CHOICE OF LAW TO APPLY. This agreement shall be construed under and in accordance with the laws of the state of Georgia. 29. PRIOR AGREEMENTS SUPERSEDED. This agreement constitutes the sole and only agreement of the parties to this lease and supersedes any prior understandings or written or oral agreements between the parties of this lease. 30. RIGHTS AND REMEDIES. The use of anyone right or remedy by either party shall not preclude or waive its right to use any or all other remedies. Said rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance, or otherwise. 31. LEGAL CONSTRUCTION. In case any one or more of the provisions contained in this agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 32. AMENDMENT. No amendment, modification, or alteration of the terms hereof shall be binding unless it is in writing, dated subsequent to the date hereof, and duly executed by the parties. Attachment number 1Page 8 of 9 360 Bay Street Lease Page 9 33. PARKING. Tenant and their employees have the right to park in the parking lot of the premises at no charge and on a first-come first-serve basis. Hutch Holdings Augusta-Richmond County By _____________________ By _______________________ Mayor Deke Copenhaver Date ___________________ Date _____________________ Attachment number 1Page 9 of 9 Commission Meeting Agenda 1/22/2009 1:00 PM Option to grant to GA Power an underground easement for the Judicial Center distribution line Department:Attorney Caption:Motion to grant and convey to Georgia Power an easement for installation of an underground electrical distribution line through property owned by the City at Fenwick Street, Tenth Street, Talcot St. and James Brown Blvd. in relation to Augusta’s Judicial Center project for a nominal value of $10.00. (Approved by Engineering Services Committee January 12, 2009) Background:Georgia Power is requesting an option to acquire an underground easement for an electrical distribution line known as the “JudicialCenter (RichmondCounty) underground distribution line” to service property owned by the City where the Judicial Center is being constructed. The rights include the right to clear and keep clear all trees and other obstructions within 10 feet of the underground distribution line. Analysis:See background. Financial Impact:Georgia Power will cover the costs necessary for the construction of the underground distribution line. Alternatives:Decline the requested option. Recommendation:Grant the option to convey to Georgia Power the underground easement and authorize the Mayor or Mayor Pro Tem to sign and execute all necessary documents to close the transaction. Funds are Available in the Following Accounts: n/a REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 3 Attachment number 1Page 2 of 3 Attachment number 1Page 3 of 3 Commission Meeting Agenda 1/22/2009 1:00 PM Windsor Spring Road Improvements Ph 4 & %, SA4/Chg5 Department:Abie L. Ladson, PE, Director Caption:Motion to authorize the Engineering Department to approve Supplemental Agreement Number Four and Change Number Five with Jordan, Jones & Goulding (JJG) in the amount of $142,177 which will allow the erosion control plans to be updated in accordance with the State of Georgia EPD guidelines that became effective August 1, 2008, for adjustments to the bridge foundation investigation schedule and fee, and for the addition of Underground Storage Tank/Hazardous Waste Site investigations for the Windsor Spring Road improvement projects, phase IV & V, CPB #323-04- 299823766 & 323-04-299823786. Funds are available in SPLOST Phase III in the Windsor Spring Road Phase IV project right of way account. Funds from the Phase IV project right of way account will be transferred in the amount of $71,088.50 to each project engineering account (Approved by Engineering Services Committee January 12, 2009) Background:This is a Georgia Department of Transportation (GDOT) project that will widen and reconstruct Windsor Spring Road to 4 lanes with a 19’ raised median from State Route 88 in Hephzibah to Tobacco Road and replace the bridges over Norfolk Southern Railroad and Spirit Creek. Augusta Engineering Department is responsible for development of the Preliminary Engineering activities and hired JJG to accomplish these activities. The estimated construction cost for Phase IV is $29.2 million and $16.6 million for Phase V. Analysis:JJG entered into an agreement with Augusta-Richmond County on June 27, 2001 to provide engineering and design services for the Windsor Spring Road corridor from State Route 88 in Hephzibah to Tobacco Road. The erosion control plans for Phase IV and Phase V had been prepared in accordance with the current state EPD and GDOT guidelines. However, on August 1, 2008 the State EPD Office made significant changes concerning sediment storage, potential impacts to biota impaired stream and the installation phasing of erosion control measures. GDOT adopted these regulations and advised that the erosion control plans on all projects should reflect the August 1, 2008 State EPD guidelines. There are two bridges within the limits of the Windsor Spring Road corridor that will be reconstructed. One bridge is located in Phase IV (bridge over Spirit Creek) and one is located within Phase V (bridge over Norfolk Southern Railroad). In January, 2005 JJG entered into an agreement with Willmer Engineering for the preparation of soil surveys and the bridge foundation investigations (BFIs) for the Phase IV and Phase V projects. However, shortly after that, the GDOT plan development process changed such that BFIs could not be conducted until after the Preliminary Field Plan Review (PFPR) has Cover Memo occurred. The BFIs were to be done at the same time as the soil surveys but the change in the GDOT plan development process did not allow that to happen as originally scheduled. Due to delays in approval of the environmental document and the addition of the Value Engineering Study, the PFPR for Phase IV could not be held until May, 2008. The PFPR for Phase V is currently scheduled to be held in December, 2008. Since there has been a time lapse of over three and a half years of the original agreement between JJG and Willmer Engineer, labor rates have increased. In addition, remobilization is required since the BFIs could not be accomplished when the soil surveys were done. The original agreement did not address the responsibility of conducting the underground storage tank/hazardous waste site investigations. GDOT has advised this is the responsibility of the local government. Financial Impact:JJG has proposed a total cost of $142,177 to accomplish this and funds are available in SPLOST Phase IV Windsor Spring Road Phase IV project right of way account. GDOT has agreed to fund and acquire the right of way on Phase IV so the $956,140 already identified for this work can be redirected to other places. Alternatives:1) Authorize the Engineering Department to approve Supplemental Agreement Number Four and Change Number Five with Jordan, Jones & Goulding (JJG) in the amount of $142,177 which will allow the erosion control plans to be updated in accordance with the State of Georgia EPD guidelines that became effective August 1, 2008, for adjustments to the bridge foundation investigation schedule and fee, and for the addition of Underground Storage Tank/Hazardous Waste Site investigations for the Windsor Spring Road improvement projects, phase IV & V, CPB #323-04- 299823766 & 323-04-299823786. Funds are available in SPLOST Phase III in the Windsor Spring Road Phase IV project right of way account. Funds from the Phase IV project right of way account will be transferred in the amount of $71,088.50 to each project engineering account. 2) Do not approve the request and jeopardize the progress of these important projects to south Augusta. Recommendation:approve alternative #1 Funds are Available in the Following Accounts: 323-041110-5411120/299823766-5411120 323-041110- 5411120/299823786-5411120 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 18 Attachment number 1Page 2 of 18 Attachment number 1Page 3 of 18 Attachment number 1Page 4 of 18 Attachment number 1Page 5 of 18 Attachment number 1Page 6 of 18 Attachment number 1Page 7 of 18 Attachment number 1Page 8 of 18 Attachment number 1Page 9 of 18 Attachment number 1Page 10 of 18 Attachment number 1Page 11 of 18 Attachment number 1Page 12 of 18 Attachment number 1Page 13 of 18 Attachment number 1Page 14 of 18 Attachment number 1Page 15 of 18 Attachment number 1Page 16 of 18 Attachment number 1Page 17 of 18 Attachment number 1Page 18 of 18 (SA02 – For changes greater than $20,000) April 2005 AUGUSTA, GA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT PROJECT NUMBERS: STP-7007 (6) & STP-1105 (4) PI 250610 & 254320 SUPPLEMENTAL AGREEMENT NUMBER : 4 P.O: 53296 WHEREAS, We, Jordan, Jones & Goulding, Consultant, entered into a contract with Augusta- Richmond County on June 27, 2001, for engineering design services associated with the improvements to Windsor Spring Road from State Route 88 in Hephzibah to Tobacco Road, projects STP-7007 (6) & STP-1105 (4), File Reference No. 08-014 (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: Revisions to the state of Georgia and GDOT erosion control guidelines effective Augusta 1, 2008, adjustments to the Bridge Foundation Investigation schedule and fee, and investigations for Underground Storage Tanks/Hazardous Waste Sites It is agreed that as a result of the above described modification the contract amount is increased by $142,177 from $2,152,914.71 to a new total of $2,295,091.71. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Jordan, Jones & Goulding, Consultant, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This day of , 2008. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Please do not process this document. Once approved by the Commission, the original will be sent to Clerk of Commission for execution. For information reference this request contact Shelette @ ext 5070. Attachment number 2Page 1 of 1 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project be set up is authorized to CPB#323-04-299823766. The funding for this project is needed for Engineering. We propose to realign Travis Road with Spirit Creek Road and perform investigations for Underground Storage Tanks/Hazardous Waste Sites. Funding will come from the project Right of Way account Special 1% Sales Tax, Phase III Funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III 1,560,500$ Special 1% Sales Tax, Phase IV 600,000$ 2,160,500$ Section 3: The following amounts are appropriated for the project: CPB#323-04-299823766 CAPITAL PROJECT BUDGET WINDSOR SPRING ROAD IMPROVEMENTS, SECTION IV CHANGE NUMBER FIVE (WILLIS FOREMAN RD TO TOBACCO RD) Please do not process this document. Once approved by Commission, original will be sent to the Clerk of Commission for execution. For information reference this note contact Shelette @ ext 5070. Thanks 1 of 5 9/29/08 Section 3: The following amounts are appropriated for the project: By Basin By District 4th, 6th, & 8th $2,160,500 2,160,500$ 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 McBean & Spirit Creek Honorable Deke Copenhaver, Mayor 1 of 5 9/29/08 Attachment number 3Page 1 of 5 Copy-Procurement Department 2 of 5 9/29/082 of 5 9/29/08 Attachment number 3Page 2 of 5 Augusta-Richmond County, Georgia CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SALES TAX, PHASE III 323041110-000000-299823766 ($1,000) ($1,000) SALES TAX, PHASE III 323041110-000000-299823766 ($1,559,500) ($1,559,500) SPECIAL 1% SALES TAX, PHASE IV 324041110-000000-202824766 ($600,000) ($600,000) TOTAL SOURCES: ($2,160,500) ($2,160,500) USE OF FUNDS CPB#323-04-299823766 CAPITAL PROJECT BUDGET WINDSOR SPRING ROAD IMPROVEMENTS, SECTION IV (WILLIS FOREMAN RD TO TOBACCO RD) CHANGE NUMBER FIVE 3 of 5 9/29/08 USE OF FUNDS ADVERTISING 323041110-5233119-299823766 $1,000 $1,000 ENGINEERING Section IV 323041110-5212115-299823766 $1,136,559 $71,089 $1,207,648 RIGHT OF WAY Section IV 323041110-5411120-299823766 $963,441 ($71,089) $892,352 UTILITIES 323041110-5414510-299823766 $50,000 $50,000 SIGNAL 323041110-5414610-299823766 $5,000 $5,000 CONTINGENCY 323041110-6011110-299823766 $4,500 $4,500 TOTAL USES:$2,160,500 $0.00 $2,160,500 3 of 5 9/29/08 Attachment number 3Page 3 of 5 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project be set up is authorized to CPB#323-04-299823786. The funding for this project is needed for Engineering. We propose to realign Travis Road with Spirit Creek Road and perform investigations for Underground Storage Tanks/Hazardous Waste Sites. Funding will come from the Project Right Away account Special 1% Sales Tax, Phase III Funds. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III 1,560,500$ Special 1% Sales Tax, Phase IV 600,000$ 2,160,500$ Section 3: The following amounts are appropriated for the project: By Basin By District 4th, 6th, & 8th $2,160,500 2,160,500$ (WILLIS FOREMAN RD TO TOBACCO RD) CHANGE NUMBER FIVE McBean & Spirit Creek CAPITAL PROJECT BUDGET WINDSOR SPRING ROAD IMPROVEMENTS, SECTION V CPB#323-04-299823786 4 of 5 9/29/08 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 4 of 5 9/29/08 Attachment number 3Page 4 of 5 Augusta-Richmond County, Georgia CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SALES TAX, PHASE III 323041110-000000-299823786 ($1,000) ($1,000) SALES TAX, PHASE III 323041110-000000-299823786 ($1,559,500) ($1,559,500) SPECIAL 1% SALES TAX, PHASE IV 324041110-000000-203824768 ($600,000) ($600,000) TOTAL SOURCES: ($2,160,500) ($2,160,500) USE OF FUNDS ADVERTISING 323041110-5233119-299823786 $1,000 $1,000 CHANGE NUMBER FIVE CPB#323-04-299823786 CAPITAL PROJECT BUDGET WINDSOR SPRING ROAD IMPROVEMENTS, SECTION V (WILLIS FOREMAN RD TO TOBACCO RD) 5 of 5 9/29/08 ENGINEERING Section IV 323041110-5212115-299823786 $1,136,559 $71,088 $1,207,647 RIGHT OF WAY 323041110-5411120-299823786 $963,441 ($71,088) $892,353 UTILITIES323041110-5414510-299823786 $50,000 $50,000 SIGNAL 323041110-5414610-299823786 $5,000 $5,000 CONTINGENCY 323041110-6011110-299823786 $4,500 $4,500 TOTAL USES:$2,160,500 $0.00 $2,160,500 5 of 5 9/29/08 Attachment number 3Page 5 of 5 Commission Meeting Agenda 1/22/2009 1:00 PM Wrightsboro Rd Improvements (Resolution) Department:Abie L. Ladson, PE , Director Caption:Motion to approve a resolution to send to the Georgia Department of Transportation (GDOT) to support the realignment of Barton Chapel Road to the east so that it will be aligned opposite existing Augusta West Parkway and rescinds the resolution adopted June 19, 2001 which opposed the realignment of Augusta West Parkway and Barton Chapel Road as part of the project to improve Wrightsboro Road from Jimmie Dyess Parkway to I- 520, project number 323-04-296823309. (Approved by Engineering Services Committee January 12, 2009) Background:This is a GDOT project that will widen & reconstruct Wrightsboro Road from Jimmie Dyess Parkway to I-520. The Engineering Department is responsible for the development of the preliminary engineering activities. GDOT is funding the right of way acquisition ($8,906,000) and the construction ($16,100,000). Analysis:During the early development stages of this project GDOT proposed the concept of aligning Augusta West Parkway and Barton Chapel Road by shifting Augusta West Parkway to the west and Barton Chapel Road to the east. This concept was not supported by some members of the business community in this area. On June 19, 2001 the City adopted a resolution which stated that they did not support this concept either and submitted the resolution to GDOT. GDOT agreed to move forward with a different concept for this area which has the intersections of Barton Chapel Road, Crescent Drive and Augusta West Parkway operating independently of each other. In the past few years much has changed in this area concerning the ownership of properties. Frank Lawrence, owner of Bobby Jones Ford, has acquired all of the properties except two (2) between the east side of Barton Chapel Road and his Ford dealership. Mr. Lawrence has hired a consultant and is in the planning stages of redeveloping this property. Mr. Lawrence has indicated that several commercial retail tenants will be part of his redevelopment plans. There are concerns that the intersections of Barton Chapel Road, Crescent Drive and Augusta West Parkway would be negatively impacted as currently design within the GDOT Wrightsboro Road widening project. Shifting Barton Chapel road to the east so that it aligns opposite existing Augusta West Parkway will provide a more operationally efficient corridor. Financial Impact: There is no financial impact associated with the passing of this resolution. However, if the resolution is passed by the City and approved by GDOT, this area of Wrightsboro Road will have to be redesigned. The design consultant has indicated that the estimated cost to redesign this would be Cover Memo $120,000 and the City will be responsible for this. Alternatives:The Engineering Department requests approval of a resolution to send to the Georgia Department of Transportation (GDOT) to support the realignment of Barton Chapel Road to the east so that it will be aligned opposite existing Augusta West Parkway and rescinds the resolution adopted June 19, 2001 which opposed the realignment of Augusta West Parkway and Barton Chapel Road as part of the project to improve Wrightsboro Road from Jimmie Dyess Parkway to I-520, project number 323-04-296823309. 2) Do not approve and jeopardize the operational efficiency of this area of the Wrightsboro Road corridor. Recommendation:approve alternative #1 Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Letter of support Economic Stimulus Package Department: Caption:Motion to approve tasking the Law Department to craft a resolution in support of the National League of Cities and the Georgia Municipal Association lobbying efforts of direct funding for local infrastructure projects to be included in the anticipated feredal economic stimulus package and provide cities greater access to credit markets. (Mayor Deke Cophenhaver and Commissioner Betty Beard) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on January 6 and Special Called meeting held January 12, 2009. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 1/22/2009 1:00 PM Richmond Co. Hospital Authority Department: Caption:Consider the following nominations for a four-year term for the Member-at- Large seat from the Richmond County Hospital Authority. Thomas Sizemore, Anne D. Trotter and Levi W. Hill, IV . Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 1/22/2009 1:00 PM Resolution of Settlement for Claim of Augusta v Northfolk Southern Railway Department:Attorney Caption:Resolution of Settlement for Claim of Augusta v. Norfolk Southern Railway Company for Contribution to its Expenses of Remediation of the “Old Freight Depot Property” (511 Reynolds Street; Map 47-2 Parcel 3). Background:On November 20, 2007, the Commission approved an engagement letter retaining the professional services of the above-referenced attorneys, on a contingent fee basis, to prosecute a claim requiring Norfolk Southern Railway to pay a portion of the City’s expenses of cleaning the soil on the site known as the “Old Freight Depot Property” (bounded north by the Savannah River, east by Fifth Street; south by Reynolds Street; and west by Sixth Street. The property includes the building known as the Old Southern Railroad Freight Depot. Norfolk Southern Railway Company, hereinafter known as “Norfolk Southern”, is the corporate successor in interest to railroads using this site beginning in the 1800’s and continuing until 1988 including the Central of Georgia Railroad Company. In addition to the depot facility, these railroads owned and operated or authorized through leases, the operation of various facilities on the property related to railroad operations including a cotton loading platform and a junkyard (Richmond Iron and Metal Works). Augusta purchased the property from Southern Railway in 1988. Title to the property was held by Augusta as Trustee under the 1949 Augusta Employees Retirement Act. In 2005, Augusta purchased the property in its corporate name, “Augusta, Georgia”. Augusta has, through the Downtown Development Authority, offered the property for sale to the Foxfield Group, Inc. for development of condominiums, the “Watermark Project.” The sale was subject to inspection and testing of the property. Environmental testing showed contamination of the soil including unacceptable levels of lead and other heavy metals. Counsel for the Norfolk Southern and Augusta have reached an agreement, subject to the approval of the Commission for Norfolk Southern to pay a compromise amount of $750,000.00 to Augusta and Augusta will release its claim for remediation expense contribution against Norfolk Southern. After payment of attorney’s fees and expenses Augusta would net $500,000.00. Analysis:See Background Financial Impact:Approval of this agreement will result in receipt by Augusta of net settlement proceeds of $500,000.00 within the next 30 to 60 days. Rejection of the negotiated resolution of this claim will require Augusta to bring suit against Norfolk Southern for any recovery. A court may award an amount of damages less than the negotiated amount. It is anticipated that litigation of this claim would last one to two years. Cover Memo Alternatives:1. Approve Resolution of Settlement; 2. Do not approve Resolution of Settlement Recommendation:The attorneys recommend approval of the material terms of this release agreement as outlined in this agenda item including approval of the receipt and disbursement of gross proceeds of the claim of $750,000.00 through the escrow account of John C. Bell, Jr. and approval of attorney’s fees under the contingent fee contract approved by the Commission on November 20, 2007 in the amount of $250,000.00 for professional services rendered; it is further recommended that upon approval of the terms of this agreement that the Commission authorize the Mayor or Mayor Pro Tem to sign all settlement documents, including a release agreement, necessary or convenient to conclude this settlement with all documents to be approved by Augusta’s attorneys in this matter in consultation with Augusta’s General Counsel. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Law. Administrator. Clerk of Commission Cover Memo RESOLUTION OF SETTLEMENT Claim of Augusta v. Norfolk Southern Railway for Contribution to its Expenses of Remediation of the “Old Freight Depot Property” also known as “The Pension Property” (511 Reynolds Street; Map 47-2 Parcel 3) WHEREAS on November 20, 2007, the Commission approved an engagement letter retaining the professional services of John C. Bell, Jr. and Stephen E. Shepard, on a contingent fee basis, to prosecute a claim requiring Norfolk Southern Railway to pay a portion of the City’s expenses of cleaning the soil on the site known as the “Old Freight Depot Property” also known as “The Pension Property”. WHEREAS Norfolk Southern Railway Company is the corporate successor in interest to railroads using this site beginning in the 1800’s and continuing until 1988 including the Central of Georgia Railroad Company. WHEREAS in addition to the depot facility, these railroads owned and operated or authorized through leases, the operation of various facilities on the property related to railroad operations including a cotton loading platform and a junkyard (Richmond Iron and Metal Works). WHEREAS the City Council of Augusta purchased the property from Southern Railway in 1988. Title to the property was held by Augusta (successor by consolidation to the City Council of Augusta) as Trustee under the 1949 Augusta Employees Retirement Act. In 2005, Augusta purchased the property in its corporate name, “Augusta, Georgia”. WHEREAS Augusta has, through the Downtown Development Authority, offered the property for sale to the Foxfield Group, Inc. for development of condominiums, the “Watermark Project.” WHEREAS the sale was subject to inspection and testing of the property. Environmental testing showed contamination of the soil including unacceptable levels of lead and other heavy metals. WHEREAS Counsel for the Norfolk Southern and Augusta have reached an agreement, subject to the approval of the Commission, for Norfolk Southern to pay a compromise amount of $750,000.00 to Augusta and Augusta will release its claim for remediation expense contribution against Norfolk Southern. WHEREAS after payment of attorney’s fees and expenses Augusta would net $500,000.00. WHEREAS the Commission approved settlement of this claim in special called meeting held January 12, 2009. Attachment number 1Page 1 of 2 NOW THEREFORE BE IT RESOLVED that: 1) Settlement of this claim is approved by the Augusta-Richmond County Commission, including receipt of gross proceeds of $750,000.00 to the escrow account of John C. Bell, Jr., Attorney at Law and 2) Disbursement of attorney’s fees under a contingent fee contract approved by the Commission on November 20, 2007 in the amount of $250,000.00 for professional services rendered is approved and 3) Disbursement of net proceeds of $500,000.00 to Augusta is approved; and 4) The Mayor or Mayor Pro-tem is hereby authorized to sign all settlement documents, including a release agreement, necessary or convenient to the fulfillment of this Resolution with all the documents to be approved by Augusta’s attorneys in this matter in consultation with Augusta’s General Counsel. Duly adopted this______________day of__________________2009. ___________________________ Mayor Attest: ___________________________________ Clerk of Commission SEAL Attachment number 1Page 2 of 2 Commission Meeting Agenda 1/22/2009 1:00 PM Bass Pro Shop Department: Caption:Motion to approve attached Resolution regarding the development and funding agreement of a Bass Pro Shop at the village at Riverwatch. (Requested by Commissioner Don Grantham) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 5 Attachment number 1Page 2 of 5 Attachment number 1Page 3 of 5 Attachment number 1Page 4 of 5 Attachment number 1Page 5 of 5 Commission Meeting Agenda 1/22/2009 1:00 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