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Home My WebLink About2010-04-20-Meeting Agenda Commission Meeting Agenda Commission Chamber 4/20/2010 5:00 PM INVOCATION: Reverend Michael McCoy, Pastor New Covenant Church Gospel of Deliverance. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Employee of the Month Award A. Mr. Daniel D'Aversa, Richmond County Sheriff's Department, March Employee of the Month Attachments Sunny Award B. Congratulations, the Richmond County website has won a Sunny Award! The Sunny Award is presented by the Editors of Sunshine Review to honor the most transparent government websites in America. This year only one percent of the 5,000 government websites ranked by Sunshine Review earned a Sunny Award. Attachments CONSENT AGENDA (Items 1-42) PLANNING 1. FINAL PLAT – MANCHESTER, SECTION 5 – S-800-V – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Southern Partners Inc., on behalf of Coel Development Co., requesting final plat approval for Manchester, Section 5. This residential subdivision is located on Dave MacDonald Drive at Glenn Roberts Drive and contains 12 lots. Attachments 2. Z-10-17 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Cranston Engineering Group, on behalf of Augusta Capital LLC, requesting a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property containing six tax parcels that total .72 acres and are known as 1590-1592, 1596-1598, 1602-1604, 1606-1608, 1612-1614 and 1618-1620 Broad Street. (Tax Map 036-1-103-00-0, 036-1-104-00-0, Attachments 036-1-105-00-0, 036-1-106-00-0, 036-1-107-00-0 and 036-1-108-00-0) DISTRICT 1 3. Z-10-21 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) that this professional conversion conform to the side yard buffer provisions of the Augusta Tree Ordinance on the west side property line that adjoins single family residential zoning; 2) these improvements must be made before a Certificate of Occupancy is issued; a petition by Sylvester Abrams requesting a change of zoning from Zone R-1A (One-family Residential) to Zone P-1 (Professional) affecting property containing approximately .25 acres and is known as 2104 Cadden Road. (Tax Map 122-1-032-00-0) DISTRICT 6 Attachments 4. Z-10-23 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Augusta Housing & Community Development, on behalf of Augusta Georgia Land Bank Authority, requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-2 (Two-family Residential) affecting property containing 6 current tax parcels totaling .51 acres and is known presently as 1120, 1124, 1128, 1134 ½, 1136 ½, 1144 Florence Street and 1105 Cedar Street. (Tax Map 059-2-174-00-0, 059-2-173-00-0, 059-2-180-00-0, 059-2- 172-00-0, 059-2-171-00-0, 059-2-170-00-0, 059-2-169-00-0 and 059-1-068-00-0) DISTRICT 1 Attachments 5. ZA-R-195 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond- County by amending Section 24-1 (Heavy Industry Zone) Permitted Uses. Attachments 6. Z-10-14 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Ben McElreath, on behalf of The Family Y, requesting a Special Exception to bring an existing recreational facility into zoning conformance per Section 26-1 (i) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 6.71 acres and is the Family Y walking track and soccer fields located at 3570 Wheeler Road. (Tax Map 031-0- 013-00-0) DISTRICT 3 Attachments 7. Z-10-15 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Charles Allen, on behalf of J R Homes of Alabama LLC, requesting a Special Exception to establish a sales office in a model home in Elderberry Subdivision per Section 8-2 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .49 acres and known as 4801 Apple Court. (066-4-086-00-0) DISTRICT 3 Attachments 8. Z-10-19 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) that the use of this property be limited to a child care center or those uses allowed in an R-1B Zone; a petition by Cheryl Jones to remove the conditions placed on a B-1 (Neighborhood Business) rezoning (Z-95-5) affecting property containing 1.05 acres and is known as 3105 Louisville Road. (Tax Map 110-4-157-00-0) DISTRICT 6 Attachments 9. Z-10-20 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by James A. Wombles, on behalf of Dorothy D. Barton and Steve Duffie, requesting a change of zoning from Zone R-1A (One- family Residential) to Zone R-1B (One-family Residential) affecting property containing approximately 9.03 acres and is Phase II of Richmond Estates Subdivision located on the east right-of-way line of Grandwood Drive, 166 feet, more or less, south of the southeast corner of the intersection of Planetree Drive and Grandwood Drive. (Part of Tax Map 083-1-009-00-0) DISTRICT 5 Attachments 10. Z-10-22 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Dennis Trotter, on behalf of BHH Augusta, requesting a change of zoning from Zone R-1A (One-family Residential) and Zone B-2 (General Business) to Zone B-2 (General Business) affecting property containing approximately 1.59 acres and is known as 2549 Deans Bridge Road. (Tax Map 071-3-201-00-0) DISTRICT 5 Attachments 11. Z-10-24 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Jim Adkins, on behalf of Regional Services Ltd., Jim Adkins and Linda Adkins, requesting a change of zoning from Zone R-1A (One-family Residential) , Zone B-1 (Neighborhood Business) and Zone B-2 (General Business) to Zone B-2 consisting of two Tracts described as follows: Tract A contains 1.28 acres and is known as 2451 and 2455 Wheeless Road. (Tax Map 097-1-049-00-0 and 085-3-088-00-0) DISTRICT 5 Tract B contains approximately 1.3 acres and is known as 2452 Wheeless Road. (Part of Tax Map 085-3-236-00-0) DISTRICT 5 Attachments 12. ZA-R-196 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond- County by amending Section 24-2-a (Heavy Industry Zone) Uses Permitted by Special Exception. Attachments PUBLIC SERVICES 13. Motion to approve and accept two Tourism Grants from Augusta Convention and Visitors Bureau and approve related budget amendments accordingly. (Approved by Public Services Committee April 12, 2010) Attachments 14. Motion to approve New Ownership Application: A. N 10 - 21: request by Yeng Sohn for a retail package Beer license to be used in connection with Johnson Corner Grocery located at 3706 Old Waynesboro Rd. District 8. Super District 10. (Approved by Public Services Committee April 12, 2010) Attachments 15. Motion to approve the Transfer Application: A. T. 10 - 23: request by Richard Kellogg to transfer the Liquor, Beer & Wine license used in connection with Ma Fannie's Kitchen located at 1117 Laney Walker Blvd. to 1721 Gordon Hwy. There will be Sunday Sales. There will be Dance. District 5. Super District 9. (Approved by Public Services Committee April 12, 2010) Attachments 16. Motion to approve New Application: A. N. 10 - 24: request by Krista S. Wight for an on premise consumption Liquor, Beer, Wine and Retail Wine license to be used in connection with Southeastern Food Services & Event Consulting, LLC located at 1282 Broad St. District 1. Super District 9. (Approved by Public Services Committee April 12, 2010) Attachments 17. Motion to approve New Application: A. N. 10 - 25: A request by J. Russell Fiveash for an on premise consumption Liquor, Beer & Wine license to be used in connection with 917 Broad Street, LLC DBA The Bar On Broad located at 917 Broad St. District 1. Super District 9. (Approved by Public Services Committee April 12, 2010) Attachments 18. Motion to approve New Ownership: A. N. 10 - 26: request by Daniel Magana for an on premise consumption Liquor & Beer license to be used in connection with El Fiesco, LLC located at 2925 Peach Orchard Rd. There will be Dance. District 6. Super District 10. (Approved by Public Services Committee April 12, 2010) Attachments 19. Motion to approve Transfer Application: A. N. 10 - 19: A request by Bryan Birmingham to transfer the Liquor, Beer & Wine license used in connection with Brytoni, LLC DBA Allie Katz Bar & Grill located at 202 Hudson Trace to 3112 Washington Rd Suite C & D. District 7. Super District 10. (Approved by Public Services Committee April 12, 2010) Attachments 20. Motion to approve New Application: A. N. 10 - 20: request by Chris Sullivan for an on premise consumption Liquor, Beer & Wine license to be used in connection with CAHOC 4, LLC located at 203 Robert C. Daniel Parkway. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee April 12, 2010) Attachments 21. Motion to approve bid award purchase of computers for Library from CompUSA and Hewlett-Packard selecting the lower price in each category. (Approved by Public Services Committee April 12, 2010) Attachments ADMINISTRATIVE SERVICES 22. Motion to approve an ordinance to amend the Risk Management and Safety Provisions of Part 6, Paragraph 6C, Subparagraph Age and Employment Status Restrictions, Subparagraph 2, Page 36 of the Augusta-Richmond Employee Handbook, which is part of the Augusta, Ga. Code, to repeal all ordinances in conflict herewith, to provide an effective date and for other purposes. (Approved by Administrative Services Committee April 12, 2010) Attachments 23. Motion to review and support of the UWH Redevelopment Plan to be developed and built by Walton Communities, LLC in association with the Augusta Housing Authority. This will be a 30-acre mixed use community. (Approved by Administrative Services Committee April 12, 2010) Attachments FINANCE 24. Motion to approve budget adjustment to pay approved settlement out of general fund contingency fund instead of Law Department budget. (Approved by Finance Committee April 12, 2010) Attachments 25. Motion to deny a request from Mr. Sandy M. Oliphant, Sr. regarding a refund of taxes for the 2006 tax year for Parcel 086-2-023-00-0. (Approved by Finance Committee April 12, 2010) Attachments ENGINEERING SERVICES 26. Motion to approve Change Order # 1 to the existing construction contract in the amount of $147,964.00 to Blair Construction for the additional work to complete the Water Line Replacements for Fort Gordon Recreation Area. (Approved by Engineering Services Committee April 12,2010) Attachments 27. Motion to approve change order #2 to the existing design contract in the amount of $71,985.45 to ZEL Engineers for additional work to complete the full Supplemental Environmental Assessment at Fort Gordon. (Approved by Engineering Services Committee April 12, 2010) Attachments 28. Motion to approve Change Order No. 21 in the amount of $90,794.00 to the Attachments Construction Contract for the Webster Detention Center (WDC) Expansion. This Change Order also includes a contract time extension of 62 days for increase in scope of work with no extended overhead charges. The revised contract amount is $33,814,805.03. (Approved by Engineering Services Committee April 12, 2010) 29. Motion to approve Change Order #15 on the Augusta Judicial Center and John H. Ruffin Courthouse in the amount of $66,588.00 for unforeseen undercut work on sub- surface conditions on the west side of the Augusta Judicial Center site along 10th Street between Talcot & Fenwick Streets. (Approved by Engineering Services Committee April 12, 2010) Attachments 30. Motion to award an emergency contract to Atlantic Coast Consulting for the repair and upgrade to the gas collection and control system. (Approved by Engineering Services Committee April 12, 2010) Attachments 31. Motion to award an emergency contract to Dabbs-Williams General Contractors for the construction/construction management of the gas collection and control system. (Approved by Engineering Services Committee April 12, 2010) Attachments 32. Motion to approve the deed of dedication, maintenance agreement, and road resolutions submitted by the Engineering Department for Elderberry, Section III. (Approved by Engineering Services Committee April 12, 2010) Attachments 33. Motion to approve granting Georgia Power an easement for their underground utilities to provide electrical service to the new Judicial Center and have the agreement executed by the appropriate City of Augusta official(s). (Approved by Engineering Services Commmittee April 12, 2010) Attachments 34. Motion to authorize execution of Change Order # 1 in an amount not to exceed $127,000.00 to Hagler Systems for additional work on the Goodrich Street Raw Water Pumping Station contract. (Approved by Engineering Services Committee April 12, 2010) Attachments 35. Motion to approve Georgia Power Company Governmental Encroachment Agreement 31201 and Municipal Electric Authority of Georgia Governmental Encroachment Agreement 31202. (Approved by Engineering Services Committee April 12, 2010) Attachments 36. Motion to authorize condemnation to acquire 7,531 sq. ft. of permanent easement Attachments and 3,796 square feet of temporary easement of 4112 Deans Bridge Road - PIN: 150- 0-001-07-0. (Approved by Engineering Services Commmittee April 12, 2010) 37. Motion to approve granting Georgia Power an easement for their underground utilities to provide electrical service to the Newman Tennis Center and have the agreement executed by the appropriate City of Augusta official(s). (Approved by Engineering Services Committee April 12, 2010) Attachments 38. Motion to authorize condemnation to acquire title of a portion of the properties for permanent and temporary easements for the 10156 Gordon Highway 16 Inch Water Main Project, PIN: 080-0-001-12-0 & 080-0-001-13-0. (Approved by Engineering Services Committee April 12, 2010) Attachments 39. Motion to deny the appeal of Parsons Water Infrastructure, Inc. on RFQ 10- 100, verify that an exception has not been made in the past, and continue the procurement process for this project. (Approved by Engineering Services Committee April 12, 2010) Attachments 40. Motion to approve a resolution creating street lighting districts. (Approved by Engineering Services Committee April 12, 2010) Attachments 41. Motion to authorize the Engineering Department to approve CPB Number Twelve andSupplemental Agreement Eleven with PBS & J in the amount of $116,907 to finalize the design of the Barton Chapel Road realignment; update the plans in accordance with revised guidelines from GDOT, US Army Corps of Engineers, and EPD; database revisions to incorporate the changes to 14 parcels that have redeveloped; andextensive coordination with the GDOT R/W Office during the negotiations of parcels as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520, ARC# 323-041110-296823309. Funds will be transferred from the project Right of Way Account to the project Engineering Account. (Approved by Engineering Services Committee April 12, 2010) Attachments PETITIONS AND COMMUNICATIONS 42. Motion to approve the minutes of the regular meeting of the Commission held on April 1, 2010. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 4/20/2010 AUGUSTA COMMISSION REGULAR AGENDA 4/20/2010 (Items 43-47) PLANNING 43. Z-10-10 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) That no less than 75% of the occupants will be veterans of the American Armed Services; 2) compliance with the Freedom Path security plan as provided by the petitioner shall be a condition of zoning; a petition by Hope House Inc., on behalf of the Veterans Administration, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-3C (Multiple-family Residential) affecting property containing approximately 8.9 acres which is located on the southwest portion of the upper Veterans Administration property known as #1 Freedom Way located on the south side of Wrightsboro Road just east of Maryland Avenue. (part of Tax Map 044-3-141-00-0) DISTRICT 2 Attachments 44. Z-10-16 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Jo Ann Browning, on behalf of the Dillard O. Browning Living Trust, requesting a Special Exception to convert an existing duplex into a triplex in a P-1 (Professional) Zone per Section 20-2 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .23 acres and is known as 2051 Walton Way. (Tax Map 035-3-322-00-0) DISTRICT 3 Attachments PUBLIC SERVICES 45. New Ownership Application: A. N. 10 - 27: request by Timothy W. Lowery for a retail package Liquor, Beer & Wine license to be used in connection with the Honey Hole located at 2075 Old Savannah Rd. District 2. Super District 9. (No recommendation from Public Services Committee April 12, 2010) Attachments 46. New Ownership Application: A. N. 10 - 28: A request by Timothy W. Lowery for an on premise consumption Liquor, Beer & Wine license to be used in connection with Kush located at 2083 Old Savannah Rd. District 2. Super District 9. (No recommendation from Public Services Committee April 12, 2010) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. Upcoming Meetings www.augustaga.gov C. Personnel. 47. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 4/20/2010 5:00 PM Invocation Department:Clerk of Commission Caption:Reverend Michael McCoy, Pastor New Covenant Church Gospel of Deliverance. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 1 Commission Meeting Agenda 4/20/2010 5:00 PM Employee of the Month Award Department:Clerk of Commission Caption:Mr. Daniel D'Aversa, Richmond County Sheriff's Department, March Employee of the Month Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 2 Attachment number 1 Page 1 of 1 Item # 2 Commission Meeting Agenda 4/20/2010 5:00 PM Sunny Award Department: Caption:Congratulations, the Richmond County website has won a Sunny Award! The Sunny Award is presented by the Editors of Sunshine Review to honor the most transparent government websites in America. This year only one percent of the 5,000 government websites ranked by Sunshine Review earned a Sunny Award. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 3 Attachment number 1 Page 1 of 1 Item # 3 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-10 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) That no less than 75% of the occupants will be veterans of the American Armed Services; 2) compliance with the Freedom Path security plan as provided by the petitioner shall be a condition of zoning; a petition by Hope House Inc., on behalf of the Veterans Administration, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R- 3C (Multiple-family Residential) affecting property containing approximately 8.9 acres which is located on the southwest portion of the upper Veterans Administration property known as #1 Freedom Way located on the south side of Wrightsboro Road just east of Maryland Avenue. (part of Tax Map 044-3-141-00-0) DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 4 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-16 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Jo Ann Browning, on behalf of the Dillard O. Browning Living Trust, requesting a Special Exception to convert an existing duplex into a triplex in a P-1 (Professional) Zone per Section 20-2 (b) of the Comprehensive Zoning Ordinance for Augusta- Richmond County affecting property containing .23 acres and is known as 2051 Walton Way. (Tax Map 035-3-322-00-0) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: FINAL PLAT – MANCHESTER, SECTION 5 – S-800-V – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Southern Partners Inc., on behalf of Coel Development Co., requesting final plat approval for Manchester, Section 5. This residential subdivision is located on Dave MacDonald Drive at Glenn Roberts Drive and contains 12 lots. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 6 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-17 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Cranston Engineering Group, on behalf of Augusta Capital LLC, requesting a change of zoning from Zone LI (Light Industry) to Zone B-2 (General Business) affecting property containing six tax parcels that total .72 acres and are known as 1590-1592, 1596-1598, 1602-1604, 1606-1608, 1612-1614 and 1618-1620 Broad Street. (Tax Map 036-1-103-00-0, 036-1-104-00-0, 036-1-105-00-0, 036-1-106-00-0, 036-1-107-00-0 and 036-1-108-00-0) DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-21 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following conditions 1) that this professional conversion conform to the side yard buffer provisions of the Augusta Tree Ordinance on the west side property line that adjoins single family residential zoning; 2) these improvements must be made before a Certificate of Occupancy is issued; a petition by Sylvester Abrams requesting a change of zoning from Zone R-1A (One- family Residential) to Zone P-1 (Professional) affecting property containing approximately .25 acres and is known as 2104 Cadden Road. (Tax Map 122-1-032-00-0) DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 8 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-23 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Augusta Housing & Community Development, on behalf of Augusta Georgia Land Bank Authority, requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-2 (Two-family Residential) affecting property containing 6 current tax parcels totaling .51 acres and is known presently as 1120, 1124, 1128, 1134 ½, 1136 ½, 1144 Florence Street and 1105 Cedar Street. (Tax Map 059-2-174-00-0, 059-2-173-00-0, 059-2-180-00-0, 059-2-172-00-0, 059-2-171-00-0, 059-2-170-00-0, 059-2-169-00-0 and 059- 1-068-00-0) DISTRICT 1 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 9 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: ZA-R-195 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond- County by amending Section 24-1 (Heavy Industry Zone) Permitted Uses. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 10 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 24-1 (Heavy Industry Zone) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting the following in Section 24-1 Permitted Uses in Zone HI (Heavy Industry) (15) Petroleum products manufacture or wholesale storage of petroleum or its products in quantities exceeding twelve thousand (12,000) gallons SECTION II. That the Comprehensive Zoning Ordinance is amended by adding the following in Section 24-1 Permitted Uses in Zone HI (Heavy Industry Zone) (28) Petroleum products manufacture or wholesale aboveground storage of petroleum or its products in quantities not exceeding twelve thousand (12,000) gallons consistent with the minimum separation requirements that appear in table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet all applicable requirements of Chapter 4 and Chapter 5 of NFPA 30.11 SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2010. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ Attachment number 1 Page 1 of 2 Item # 10 LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 2 of 2 Item # 10 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-14 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Ben McElreath, on behalf of The Family Y, requesting a Special Exception to bring an existing recreational facility into zoning conformance per Section 26-1 (i) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 6.71 acres and is the Family Y walking track and soccer fields located at 3570 Wheeler Road. (Tax Map 031-0-013-00-0) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 11 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-15 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Charles Allen, on behalf of J R Homes of Alabama LLC, requesting a Special Exception to establish a sales office in a model home in Elderberry Subdivision per Section 8-2 (f) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .49 acres and known as 4801 Apple Court. (066-4-086-00-0) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 12 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-19 – A request for concurrence with the Augusta Richmond County Planning Commission to approve with the following condition 1) that the use of this property be limited to a child care center or those uses allowed in an R-1B Zone; a petition by Cheryl Jones to remove the conditions placed on a B-1 (Neighborhood Business) rezoning (Z-95-5) affecting property containing 1.05 acres and is known as 3105 Louisville Road. (Tax Map 110-4-157-00-0) DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 13 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-20 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by James A. Wombles, on behalf of Dorothy D. Barton and Steve Duffie, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone R-1B (One- family Residential) affecting property containing approximately 9.03 acres and is Phase II of Richmond Estates Subdivision located on the east right-of- way line of Grandwood Drive, 166 feet, more or less, south of the southeast corner of the intersection of Planetree Drive and Grandwood Drive. (Part of Tax Map 083-1-009-00-0) DISTRICT 5 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 14 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-22 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Dennis Trotter, on behalf of BHH Augusta, requesting a change of zoning from Zone R-1A (One-family Residential) and Zone B-2 (General Business) to Zone B-2 (General Business) affecting property containing approximately 1.59 acres and is known as 2549 Deans Bridge Road. (Tax Map 071-3-201-00- 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 Item # 15 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: Z-10-24 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Jim Adkins, on behalf of Regional Services Ltd., Jim Adkins and Linda Adkins, requesting a change of zoning from Zone R-1A (One-family Residential) , Zone B-1 (Neighborhood Business) and Zone B-2 (General Business) to Zone B-2 consisting of two Tracts described as follows: Tract A contains 1.28 acres and is known as 2451 and 2455 Wheeless Road. (Tax Map 097-1-049-00-0 and 085-3-088-00-0) DISTRICT 5 Tract B contains approximately 1.3 acres and is known as 2452 Wheeless Road. (Part of Tax Map 085-3-236- 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 Item # 16 Commission Meeting Agenda 4/20/2010 5:00 PM Planning Commission Department:Planning Commission Caption: ZA-R-196 - A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance of Augusta Richmond- County by amending Section 24- 2-a (Heavy Industry Zone) Uses Permitted by Special Exception. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 17 ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 24-1 (Heavy Industry Zone) THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting the following in Section 24-2 (a) Uses Permitted by Special Exception in Zone HI (Heavy Industry) (11) Petroleum refining or storage SECTION II. That the Comprehensive Zoning Ordinance is amended by adding the following in Section 24-2 (a) Uses Permitted by Special Exception in Zone HI (Heavy Industry Zone) (25) Petroleum products manufacture or wholesale aboveground storage of petroleum or its products in quantities exceeding twelve thousand (12,000) gallons consistent with the minimum separation requirements that appear in table 4.3.2.4 of NFPA 30A. Underground storage tanks shall meet all applicable requirements of Chapter 4 and Chapter 5 of NFPA 30.11 SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2010. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: Attachment number 1 Page 1 of 2 Item # 17 ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1 Page 2 of 2 Item # 17 Commission Meeting Agenda 4/20/2010 5:00 PM Acceptance of grant and budget amendment Department:Recreation and Parks Caption:Motion to approve and accept two Tourism Grants from Augusta Convention and Visitors Bureau and approve related budget amendments accordingly. (Approved by Public Services Committee April 12, 2010) Background:Grant requests for promotional materials were written for Newman Tennis Center and Diamond Lakes Tennis Center to assist in the ongoing efforts of the Recreation and Parks Department and Augusta CVB to attract and secure tournaments to Augusta. Analysis:These grants are 100% grants - no matching funds required. The amounts are as follows: Newman Tennis Center $3000 and Diamond Lakes $2300.00. Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 18 Page 1 of 6 Newman Tennis Center 2010 TOURISM GRANT AGREEMENT THIS AGREEMENT made and entered into as of the day of , 2010, between AUGUSTA CONVENTION AND VISITORS BUREAU, INC., a Georgia non-profit corporation with its principal office at 1450 Greene Street, Suite 110, Augusta, Georgia 30901 (“ACVB”) and Newman Tennis Center, a Georgia non-profit corporation with its principal office at 3103 Wrightsboro Road, Augusta, Georgia 30909 (the “Agency”). IT IS RECITED: A. The City of Augusta has established the Tourism Grant Program to enhance visitor and tourism promotion efforts within the metropolitan Augusta area. The City of Augusta and the ACVB designate recipients of grants in order to promote activities, attractions and special events expected to foster local economic development and to create positive economic impact through tourism. B. The Tourism Grant Program is administered by the ACVB under a contract with the City of Augusta. C. A Tourism Grant Committee composed of the mayor pro-tem of the City of Augusta and six members of the board of directors of ACVB receives applications for grants and designates the recipients thereof. D. The Agency has applied for and been selected to receive a grant under the Tourism Grant Program and the parties desire to enter into this Agreement for the purpose of establishing the terms and conditions of the grant. Attachment number 1 Page 1 of 6 Item # 18 Page 2 of 6 IT IS, THEREFORE, AGREED AS FOLLOWS: 1. Grant of Funds. The Agency is hereby designated as a grant recipient to receive 2010 Tourism Grant funds to be applied and expended as provided herein below. All funds granted hereunder must be utilized and expended during the term of this Agreement. The Agency may not receive subsequent grants until its project described herein has been completed, its grant account has been audited as required herein and its final report has been received and approved by the tourism grant committee. If an organization or event does not complete the program described herein, or if the organization ceases to exist during the tenure of this agreement all grants or a portion there of must be refunded. 2. Purpose of Grant. The sums granted hereunder shall be used and expended for the purposes and in accordance with the specifications and budgets contained in the Agency’s Tourism Grant Application (the Application). The Tourism Grant Committee further requires the funds to be spent as stated: Amount Use $2,500 Banner ad(s) on USTA Georgia website $500 Design costs for USTA Banner Ad(s) (banner ad(s) needs to be professionally designed by either USTA or a design firm.) $3,000 Total Newman Tennis Center will maintain an updated landing page/website for click thru’s from the banner ad. This will also serve as your tracking mechanism for the project. Grant awards are estimates only and may vary slightly depending on final lodging tax collections for 2009. The Tourism Grant Committee may also require access to ten percent of the total quantity of printed materials paid for by the grant for distribution by the Augusta Convention and Visitors Bureau. Attachment number 1 Page 2 of 6 Item # 18 Page 3 of 6 3. Acceptance of Grant. The Agency hereby accepts the grant in trust for public educational or benevolent uses and purposes contained in the Application and guidelines attached hereto as Exhibit “A.” 4. Final Report and Agreed Upon Procedures of Agency’s Grant Account. The grant account of the Agency shall be annually audited by an independent auditor or a qualified government auditor selected by the ACVB. The ACVB shall pay for all costs associated with the agreed upon procedures through the Tourism Grant. The Agency must provide all materials requested by the selected firm by December 30, 2010. The Agreed Upon Procedures Report shall be certified and delivered by the firm as part of the final report due at the completion of the project to the ACVB within ninety (90) days after the completion of the event or festival. Programs and organizations must submit a completed final report by January 31, 2011. Failure to submit the materials for the agreed upon procedures and final report by the deadline is unacceptable and may result in penalties up to and including a full refund of grant funds. The ACVB, its officers, agents and attorneys, shall have, at all reasonable times during business hours, the right to inspect the books, vouchers and records of the Agency that pertain in any way to the grant fund, its management, or the distribution and application of its principal and income. 5. Term of Agreement. The term of this Agreement shall be for a period of one (1) year commencing on the 1st day of January, 2010. 6. Indemnification. The Agency shall indemnify and hold ACVB, its officers, directors, employees, agents and attorneys, harmless from and against: (a) any and all claims arising from contracts between the Agency and any third parties made pursuant to this Agreement; Attachment number 1 Page 3 of 6 Item # 18 Page 4 of 6 (b) any and all claims, liabilities or damages arising from the preparation or presentation of any advertising made pursuant to this Agreement; and (c) any and all claims, liabilities or damages arising from any program, festival or event initiated as a result of or connected with this Agreement, including costs of litigation and counsel fees. 7. Insurance. The Agency shall, at its own expense, during the term of this Agreement, continuously maintain in force a public liability policy for the benefit of the Agency and with ACVB being named as an additional insured in the minimum amount of One Million and no/100 ($1,000,000.00) Dollars. 8. Grant Recognition. The ACVB requires all printed and electronic projects, excluding CVB approved cooperative programs, to utilize the Augusta Tourism logo and web address; www.AugustaGA.org. The ACVB will provide you with a copy of the logo. Additionally, a reciprocal link to the www.AugustaGA.org is required on the grantee’s website, to be located preferably on the front or home page. Furthermore, the ACVB shall be entitled to require the Agency to include the following on all of its printed advertising and collateral materials and broadcast media tag lines, to-wit: “Funded in part by a grant from the City of Augusta and The Augusta Convention and Visitors Bureau.” 9. Assignment and Delegation. The Agency shall not assign any rights or delegate any duties hereunder without the prior written consent of ACVB. 10. Modification. This writing contains the entire agreement of the parties. No representations were made or relied upon by either party, other than those that are expressly set forth herein or attached hereto in Exhibit “A.” No agent, employee or other representative of either party is empowered to alter any term of this Agreement unless done in writing and signed by an executive officer of the respective parties. Attachment number 1 Page 4 of 6 Item # 18 Page 5 of 6 11. Controlling Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of Georgia. 12. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach or of any future violation, breach or wrongful conduct. 13. Notices. All notices pertaining to this Agreement shall be in writing and transmitted either by personal hand delivery or through the United States Postal Service, certified or registered mail, return receipt requested. All notices shall be sent to the addresses set forth above for the respective parties, unless either gives written notice of a change of address. 14. Time. Time is of the essence of this Agreement. 15. Headings. The headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 16. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 17. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective approved successors and assigns. Attachment number 1 Page 5 of 6 Item # 18 Page 6 of 6 IN WITNESS WHEREOF, the parties have caused these presents to be executed by their duly authorized officers and notarized as of the day and year first above written. Signed, sealed and delivered in the presence of: AUGUSTA CONVENTION & VISITORS BUREAU, INC. By:___________________________ as its: President & CEO ATTEST: By:___________________________ as its:____________________ Signed, sealed and delivered in the presence of: NEWMAN TENNIS CENTER By:___________________________ as its: ____________________ ATTEST: By:___________________________ as its:____________________ Attachment number 1 Page 6 of 6 Item # 18 Page 1 of 5 Augusta Recreation Department 2010 TOURISM GRANT AGREEMENT THIS AGREEMENT made and entered into as of the day of , 2010, between AUGUSTA CONVENTION AND VISITORS BUREAU, INC., a Georgia non- profit corporation with its principal office at 1450 Greene Street, Suite 110, Augusta, Georgia 30901 (“ACVB”) and Augusta Recreation Department, a Georgia non-profit corporation with its principal office at 2027 Lumpkin Road, Augusta, GA 30916 (the “Agency”). IT IS RECITED: A. The City of Augusta has established the Tourism Grant Program to enhance visitor and tourism promotion efforts within the metropolitan Augusta area. The City of Augusta and the ACVB designate recipients of grants in order to promote activities, attractions and special events expected to foster local economic development and to create positive economic impact through tourism. B. The Tourism Grant Program is administered by the ACVB under a contract with the City of Augusta. C. A Tourism Grant Committee composed of the mayor pro-tem of the City of Augusta and six members of the board of directors of ACVB receives applications for grants and designates the recipients thereof. D. The Agency has applied for and been selected to receive a grant under the Tourism Grant Program and the parties desire to enter into this Agreement for the purpose of establishing the terms and conditions of the grant. IT IS, THEREFORE, AGREED AS FOLLOWS: 1. Grant of Funds. The Agency is hereby designated as a grant recipient to receive 2010 Tourism Grant funds to be applied and expended as provided herein below. All funds granted hereunder must be utilized and expended during the term of this Agreement. The Agency may not receive subsequent grants until its project described herein has been completed, its grant account has been audited as required herein and its final report has been received and approved by the tourism grant committee. If an Attachment number 2 Page 1 of 5 Item # 18 Page 2 of 5 organization or event does not complete the program described herein, or if the organization ceases to exist during the tenure of this agreement all grants or a portion there of must be refunded. 2. Purpose of Grant. The sums granted hereunder shall be used and expended for the purposes and in accordance with the specifications and budgets contained in the Agency’s Tourism Grant Application (the Application). The Tourism Grant Committee further requires the funds to be spent as stated: Amount Use $2,300 Printing and out of market distribution of a facilities guide for new tennis courts at Diamond Lakes $2,300 TOTAL Grant awards are estimates only and may vary slightly depending on final lodging tax collections for 2009. The Tourism Grant Committee may also require access to ten percent of the total quantity of printed materials paid for by the grant for distribution by the Augusta Convention and Visitors Bureau. 3. Acceptance of Grant. The Agency hereby accepts the grant in trust for public educational or benevolent uses and purposes contained in the Application and guidelines attached hereto as Exhibit “A.” 4. Final Report and Agreed Upon Procedures of Agency’s Grant Account. The grant account of the Agency shall be annually audited by an independent auditor or a qualified government auditor selected by the ACVB. The ACVB shall pay for all costs associated with the agreed upon procedures through the Tourism Grant. The Agency must provide all materials requested by the selected firm by December 30, 2010. The Agreed Upon Procedures Report shall be certified and delivered by the firm as part of the final report due at the completion of the project to the ACVB within ninety (90) days after the completion of the event or festival. Programs and organizations must submit a completed final report by January 31, 2011. Failure to submit the materials for the agreed upon procedures and final report by the deadline is unacceptable and may result in penalties up to and including a full refund of grant funds. The ACVB, its officers, agents and attorneys, shall have, at all reasonable times during business hours, the right to inspect the books, vouchers and records of the Attachment number 2 Page 2 of 5 Item # 18 Page 3 of 5 Agency that pertain in any way to the grant fund, its management, or the distribution and application of its principal and income. 5. Term of Agreement. The term of this Agreement shall be for a period of one (1) year commencing on the 1st day of January, 2010. 6. Indemnification. The Agency shall indemnify and hold ACVB, its officers, directors, employees, agents and attorneys, harmless from and against: (a) any and all claims arising from contracts between the Agency and any third parties made pursuant to this Agreement; (b) any and all claims, liabilities or damages arising from the preparation or presentation of any advertising made pursuant to this Agreement; and (c) any and all claims, liabilities or damages arising from any program, festival or event initiated as a result of or connected with this Agreement, including costs of litigation and counsel fees. 7. Insurance. The Agency shall, at its own expense, during the term of this Agreement, continuously maintain in force a public liability policy for the benefit of the Agency and with ACVB being named as an additional insured in the minimum amount of One Million and no/100 ($1,000,000.00) Dollars. 8. Grant Recognition. The ACVB requires all printed and electronic projects, excluding CVB approved cooperative programs, to utilize the Augusta Tourism logo and web address; www.AugustaGA.org. The ACVB will provide you with a copy of the logo. Additionally, a reciprocal link to the www.AugustaGA.org is required on the grantee’s website, to be located preferably on the front or home page. Furthermore, the ACVB shall be entitled to require the Agency to include the following on all of its printed advertising and collateral materials and broadcast media tag lines, to-wit: “Funded in part by a grant from the City of Augusta and The Augusta Convention and Visitors Bureau.” 9. Assignment and Delegation. The Agency shall not assign any rights or delegate any duties hereunder without the prior written consent of ACVB. 10. Modification. This writing contains the entire agreement of the parties. No representations were made or relied upon by either party, other than those that are Attachment number 2 Page 3 of 5 Item # 18 Page 4 of 5 expressly set forth herein or attached hereto in Exhibit “A.” No agent, employee or other representative of either party is empowered to alter any term of this Agreement unless done in writing and signed by an executive officer of the respective parties. 11. Controlling Law. The validity, interpretation and performance of this Agreement shall be controlled by and construed under the laws of the State of Georgia. 12. Waiver. The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach or of any future violation, breach or wrongful conduct. 13. Notices. All notices pertaining to this Agreement shall be in writing and transmitted either by personal hand delivery or through the United States Postal Service, certified or registered mail, return receipt requested. All notices shall be sent to the addresses set forth above for the respective parties, unless either gives written notice of a change of address. 14. Time. Time is of the essence of this Agreement. 15. Headings. The headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. 16. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. 17. Binding Effect. The provisions of this Agreement shall be binding upon and inure to the benefit of each of the parties and their respective approved successors and assigns. Attachment number 2 Page 4 of 5 Item # 18 Page 5 of 5 IN WITNESS WHEREOF, the parties have caused these presents to be executed by their duly authorized officers and notarized as of the day and year first above written. AUGUSTA CONVENTION & VISITORS BUREAU, INC. By:___________________________ as its: President & CEO ATTEST: By:___________________________ as its:____________________ Signed, sealed and delivered in the presence of: AUGUSTA RECREATION DEPARTMENT By:___________________________ as its: ____________________ ATTEST: By:___________________________ as its:____________________ Attachment number 2 Page 5 of 5 Item # 18 Commission Meeting Agenda 4/20/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Ownership Application: A. N 10 - 21: request by Yeng Sohn for a retail package Beer license to be used in connection with Johnson Corner Grocery located at 3706 Old Waynesboro Rd. District 8. Super District 10. (Approved by Public Services Committee April 12, 2010) Background:This is a new ownership application. Formerly in the name of Yongsoon Cho. Analysis:The applicant meets the requirements of the Augusta Richmond county Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $605.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 19 Attachment number 1 Page 1 of 2 Item # 19 Attachment number 1 Page 2 of 2 Item # 19 Commission Meeting Agenda 4/20/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve the Transfer Application: A. T. 10 - 23: request by Richard Kellogg to transfer the Liquor, Beer & Wine license used in connection with Ma Fannie's Kitchen located at 1117 Laney Walker Blvd. to 1721 Gordon Hwy. There will be Sunday Sales. There will be Dance. District 5. Super District 9. (Approved by Public Services Committee April 12, 2010) Background:Thisis a transfer application. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $5,445.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 20 Attachment number 1 Page 1 of 2 Item # 20 Attachment number 1 Page 2 of 2 Item # 20 Commission Meeting Agenda 4/20/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Application: A. N. 10 - 24: request by Krista S. Wight for an on premise consumption Liquor, Beer, Wine and Retail Wine license to be used in connection with Southeastern Food Services & Event Consulting, LLC located at 1282 Broad St. District 1. Super District 9. (Approved by Public Services Committee April 12, 2010) Background:This is a new application. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,235.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 21 Attachment number 1 Page 1 of 2 Item # 21 Attachment number 1 Page 2 of 2 Item # 21 Commission Meeting Agenda 4/20/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Application: A. N. 10 - 25: A request by J. Russell Fiveash for an on premise consumption Liquor, Beer & Wine license to be used in connection with 917 Broad Street, LLC DBA The Bar On Broad located at 917 Broad St. District 1. Super District 9. (Approved by Public Services Committee April 12, 2010) Background:This is a new application. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4,235.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 22 Attachment number 1 Page 1 of 2 Item # 22 Attachment number 1 Page 2 of 2 Item # 22 Commission Meeting Agenda 4/20/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Ownership: A. N. 10 - 26: request by Daniel Magana for an on premise consumption Liquor & Beer license to be used in connection with El Fiesco, LLC located at 2925 Peach Orchard Rd. There will be Dance. District 6. Super District 10. (Approved by Public Services Committee April 12, 2010) Background:This is a new ownership application. Formerly in the name of Keenji Alvarez. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3,740.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 23 Attachment number 1 Page 1 of 2 Item # 23 Attachment number 1 Page 2 of 2 Item # 23 Commission Meeting Agenda 4/20/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:New Ownership Application: A. N. 10 - 27: request by Timothy W. Lowery for a retail package Liquor, Beer & Wine license to be used in connection with the Honey Hole located at 2075 Old Savannah Rd. District 2. Super District 9. (No recommendation from Public Services Committee April 12, 2010) Background:This is a new ownership application. Formerly in the name of Luciana Martin. Analysis:The applicant does not have the necessary recommendations. Financial Impact:The applicant would pay a fee of $4235.00. Alternatives: Recommendation:License & Inspection recommends Denial. The RCSD makes no recommendation. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 24 Attachment number 1 Page 1 of 2 Item # 24 Attachment number 1 Page 2 of 2 Item # 24 Commission Meeting Agenda 4/20/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve Transfer Application: A. N. 10 - 19: A request by Bryan Birmingham to transfer the Liquor, Beer & Wine license used in connection with Brytoni, LLC DBA Allie Katz Bar & Grill located at 202 Hudson Trace to 3112 Washington Rd Suite C & D. District 7. Super District 10. (Approved by Public Services Committee April 12, 2010) Background:This is a transfer application. Analysis:The applicant meets the requirement of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $110.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 25 Attachment number 1 Page 1 of 2 Item # 25 Attachment number 1 Page 2 of 2 Item # 25 Commission Meeting Agenda 4/20/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:Motion to approve New Application: A. N. 10 - 20: request by Chris Sullivan for an on premise consumption Liquor, Beer & Wine license to be used in connection with CAHOC 4, LLC located at 203 Robert C. Daniel Parkway. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee April 12, 2010) Background:This is a new application. Analysis:The applicant meets the requirements of the Augusta Richmond County Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $5,445.00. Alternatives: Recommendation:License & Inspections recommends approval. The RCSD recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 26 Attachment number 1 Page 1 of 2 Item # 26 Attachment number 1 Page 2 of 2 Item # 26 Commission Meeting Agenda 4/20/2010 5:00 PM Alcohol Application Department:License & Inspections Caption:New Ownership Application: A. N. 10 - 28: A request by Timothy W. Lowery for an on premise consumption Liquor, Beer & Wine license to be used in connection with Kush located at 2083 Old Savannah Rd. District 2. Super District 9. (No recommendation from Public Services Committee April 12, 2010) Background:This is a new ownership application. Formerly in the name of Luciana Martin. Analysis:The applicant does not have the necessary recommendations. Financial Impact:The applicant would pay a fee of $4235.00. Alternatives: Recommendation:License & Inspections recommends Denial. The RCSD makes no recommendation. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 27 Attachment number 1 Page 1 of 2 Item # 27 Attachment number 1 Page 2 of 2 Item # 27 Commission Meeting Agenda 4/20/2010 5:00 PM Purchase of computers for new HQ Library Department:Library Caption:Motion to approve bid award purchase of computers for Library from CompUSA and Hewlett-Packard selecting the lower price in each category. (Approved by Public Services Committee April 12, 2010) Background:A request for bids was issued by the Procurement Department. Two companies submitted bids for the specified items. Analysis:These computers are necessary for the library staff and for public use. We have not included alternates at this time. Financial Impact:$116,558.11 is the cost, selecting by the lower price in each category. Alternatives:Not have computers for the new library. Recommendation:Proceed with purchase. Funds are Available in the Following Accounts: SPLOST 324-05-1120/202150320 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 28 Description CompUSA Hewlett-Packard Desktops $80,430.91 $67,830.00 Laptops $15,491.30 $20,130.00 Printers (Color laser)$4,948.50 $5,284.35 Printers (All-In-One)$2,884.00 $3,389.40 Printers (B & W Standalone)$2,226.00 $2,463.24 Printers (B & W)$1,937.75 $1,654.25 Receipt Printers $4,219.20 $5,648.00 Barcode Scanners $5,910.00 $5,750.00 Laptop Cart $1,436.81 $1,563.00 Screen Protectors $3,694.50 $3,870.00 Surge Suppressors $1,773.04 $2,664.00 Desktop Imaging $4,295.90 $1,428.00 IT DESKTOP PARTS Intel DX58SO Motherboard $659.97 ----- Intel Core i7 CPU $875.97 $975.00 NVIDIA GeForce GFX $95.70 $180.00 Corsair RAM $334.08 $756.00 ATX Case $117.75 $147.00 1 TB Hard drive $230.97 $231.00 DVD+/-RW $77.97 $222.00 700 Watt PSU $170.16 HP 17" Monitor $659.94 $750.00 *Erroneously listed on bid as $1,127.76 Subtotals by vendor for non-alts $132,470.42 $124,935.24 TOTAL by lowest price in each category $116,558.11 Attachment number 1 Page 1 of 1 Item # 28 Item # 28 Commission Meeting Agenda 4/20/2010 5:00 PM Ordinance Amendment-Risk Management and Safety Provision Department:Law Caption:Motion to approve an ordinance to amend the Risk Management and Safety Provisions of Part 6, Paragraph 6C, Subparagraph Age and Employment Status Restrictions, Subparagraph 2, Page 36 of the Augusta-Richmond Employee Handbook, which is part of the Augusta, Ga. Code, to repeal all ordinances in conflict herewith, to provide an effective date and for other purposes. (Approved by Administrative Services Committee April 12, 2010) Background:Augusta, GA Code Section §1-7-51(a),as re-adopted July 10, 2007, provides that the Augusta-Richmond County Personnel Policies and Procedures Manual, also known as the Augusta, Georgia Employee Handbook, is designated as Appendix B to the Augusta-Richmond County Code and which includes all amendments through the date of the recodification of this Code and all amendments thereafter. The Risk Management and Safety Provision of Part 6, Paragraph 6C, Subparagraph Age and Employmebnt Status Restrictions, Subparagraph 2 provides that only full time regular employees are authorized to drive Augusta-Richmond County vehicles. Analysis:Airport administrators seek the proposed amendment in order to improve the efficiency of airport operations via use of part time employees under the supervision of certified full time employees, along with compliance with FAA's airport certification prorgams. Financial Impact:none Alternatives:Deny motion Recommendation:Approve motion. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 29 Administrator. Clerk of Commission Cover Memo Item # 29 Ordinance No.___________ AN ORDINANCE TO AMEND THE RISK MANAGEMENT AND SAFETY PROVISIONS OF PART 6, PARAGRAPH 6C, SUBPARAGRAPH AGE AND EMPLOYMENT STATUS RESTRICTIONS, SUBPARAGRAPH 2, PAGE 36 OF THE AUGUSTA-RICHMOND COUNTY EMPLOYEE HANDBOOK, WHICH IS PART OF THE AUGUSTA, GA CODE, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the Risk Management and Safety provisions of the Employee Handbook need to be updated and revised; WHEREAS, it is the desire of the Commission to update and improve the Risk Management and Safety provisions applicable to Augusta-Richmond County employees; THE AUGUSTA-RICHMOND COUNTY COMMISSION hereby ordains as follows: SECTION 1. AUGUSTA, GA CODE Section §1-7-51(a) as re-adopted July 10, 2007, provides that the Augusta-Richmond County Personnel Policies and Procedures Manual, also known as the Augusta, Georgia Employee Handbook, is “designated as Appendix B to the Augusta- Richmond County Code and [is] incorporated herein by reference and which includes all amendments through the date of the recodification of this Code and all amendments thereafter.” The newly added Risk Management and Safety provisions shall replace Part 6, Paragraph 6C, Subparagraph Age and Employment Status Restriction, Subparagraph 2, Page 36 in its entirety, as set forth in “Exhibit A” hereto. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws, in accordance with the amended Risk Management and Safety provisions, attached hereto as “Exhibit A.” SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed, except that nothing in this Ordinance shall be construed to repeal or modify the Code of Ethics contained in AUGUSTA, GA, CODE §§1-1-20 through 1-1-26. SECTION 4. The Second Reading of this Ordinance is hereby Waived. Adopted this _______ day of _________________, 2010. ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Attachment number 1 Page 1 of 4 Item # 29 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 _________________, 2010 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: ______________________ First Reading: ________________________ Second Reading: _______________________ Attachment number 1 Page 2 of 4 Item # 29 Exhibit “A” Attachment number 1 Page 3 of 4 Item # 29 6.C VEHICLE SAFETY AGE AND EMPLOYMENT STATUS RESTRICTIONS 2. Only full time regular employees are authorized to drive A-RC vehicles. REPLACE WITH: 6.C VEHICLE SAFETY AGE AND EMPLOYMENT STATUS RESTRICTIONS 2. Only full time regular employees are authorized to drive A-RC vehicles, with the specific exception of part time employees of the Augusta Regional Airport, whose duties include driving of fuel trucks, towing of aircraft in and out of aircraft storage hangars, marshalling of aircraft into parking positions, servicing of aircraft lavatories, and the operation of various golf carts, sedans and vans in the course of their regular duties, subject to the oversight and supervision of properly trained and certified full time employees, continued participation in the Augusta, Georgia’s random drug testing policy, continued compliance with the Federal Aviation Administration’s (FAA) standards (which are part of the FAA’s airport certification program and the Augusta Regional Airport’s FAR Part 139 Certificate). Nothing in this section shall be construed to repeal or modify the Personnel Policies and Procedures contained in AUGUSTA, GA, CODE §§1-7-51 through 1-7-59. These requirements will be applied in accordance with applicable state and federal law, and any employee who violates the policy will be subject to discipline up to and including termination. Attachment number 1 Page 4 of 4 Item # 29 Commission Meeting Agenda 4/20/2010 5:00 PM UWH Redevelopment Phase I Plan Department:Housing & Community Development Caption:Motion to review and support of the UWH Redevelopment Plan to be developed and built by Walton Communities, LLC in association with the Augusta Housing Authority. This will be a 30-acre mixed use community. (Approved by Administrative Services Committee April 12, 2010) Background:UWH Redevelopment Phase I will be development, built and managed by Walton Communities. This development will consist of 75 one-, two-, and three-bedroom units displaying exceptional interior appointments with the highest quality elevations. The community will be developed and constructed with low-income tax credits allocated by the Georgia Department of Community Affairs. The units will serve moderate income families earning 60% or less of the area median income. These income restrictions allow for maximum household incomes ranging from $ 23,340 for a family of one to $ 38,640 for a family of six. In order to reach these potential residents, marketing efforts will reach out to work-force employment centers such as retail and service industries, local government employees, teachers and seniors. UWH Redevelopment Phase I will offer a fully-equipped cardio fitness facility and Community Center housing a Business Center and Family Life Library for use by the residents. This fully- equipped facility includes computer labs targeted toward differing age groups, and space for community events. The staff will provide educational and enrichment programs for pre-schoolers through teens, as well as field trips and mentoring programs. Programs will also be available for adults such as Moms & Tots and the Single Parent Night Out. Additional community amenities will include a swimming pool, car care center, picnic areas and a state-of-the-art playground. Floorplans at UWH Redevelopment Phase I will include spacious one, two and three bedroom homes with a host of elegant interior features such as crown molding, 9- ft. ceilings, Whirlpool appliances with self-cleaning ovens, separate laundry rooms with pantry shelving and convenient raised vanities in the baths. Each home will be prewired for home office technology with high-speed internet and fax capabilities. Some plans will also feature built-in computer stations and garden tubs. Analysis:: If the UWH Redevelopment Phase Plan is supported by by the Augusta City Commission, the project will have more leverage as required by a low income tax credit project. This project will utilize the support of civic organizations, governmental authorities and residential neighbors in proving that this concept works when it is executed in such a way as to provide mixed income and mixed tenure housing with first-class amenities in an aesthetically superior combination of land planning, architectural elements and landscaping. Cover Memo Item # 30 Financial Impact:If approved by the City Commission, the Plan will bring more tax dollars to the City of Augusta. . . Alternatives:None Recommendation:Accept the UWH Redevelopment Phase I by resolution Funds are Available in the Following Accounts: none REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 30 Commission Meeting Agenda 4/20/2010 5:00 PM Motion to approve Budget Adjustment to pay approved Settlement from General Fund Contingency Fund Department:Finance Caption:Motion to approve budget adjustment to pay approved settlement out of general fund contingency fund instead of Law Department budget. (Approved by Finance Committee April 12, 2010) Background:On January 5, 2010, the Commission approved the settlement of the claims of former General Counsel, Chiquita Johnson. Because the settlement was essentialy continuation of salary, involving withholdings, taxes and benefits, it must be processed thru payroll. Those charges continue against the Law Department personnel budget as no other funding source was specified. Analysis:A budget adjustment is necessary to free up the Law Department personnel budget. If the Law Department's personnel budget is not reimbursed, it will have an adverse impact on the ability of the Law Department to meet its 2010 budget obligations and/or fill vacant positions. The Law Department requests a budget adjustment for the amount remaining to be paid currently thru Sept 30, the end date of the settlement. Financial Impact:There is no overall financial impact associated with this adjustment as funds are merely being transferred to pay the settlement from general fund contingency fund rather to Law Department budget. The amount in contingency would however be reduced by $63,000, the amount remaining to be paid. Alternatives:Decline to approve budget adjustment. Recommendation:Approve budget adjustment. Funds are Available in the Following Accounts:General Fund Contingency Fund REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 31 Attachment number 1 Page 1 of 5 Item # 31 Attachment number 1 Page 2 of 5 Item # 31 Attachment number 1 Page 3 of 5 Item # 31 Attachment number 1 Page 4 of 5 Item # 31 a lease termination payment in the amount of $1,187.14, the acceptance of a waiver from Ms. Johnson that she is resigning amicably and should she decide to later seek a settlement based on a constitutional rights violation that she would not receive any monetary payment for that whatsoever and the designation of Mr. Andrew MacKenzie as the Interim General Counsel of the Law Department. Mr. Aitken, Mr. Lockett and Mr. Smith vote No. Motion carries 7-3. ADDENDUM 6. Motion to approve going into a Legal Meeting. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner William Lockett Commissioner J. R. Hatney Passed Mr. Bowles and Mr. Jackson vote No. Motion carries 8-2. LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 7. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Commissioner William Lockett Commissioner Alvin Mason Passed Attachment number 1 Page 5 of 5 Item # 31 Commission Meeting Agenda 4/20/2010 5:00 PM Sandy M. Oliphant Sr. Department:Clerk of Commission Caption:Motion to deny a request from Mr. Sandy M. Oliphant, Sr. regarding a refund of taxes for the 2006 tax year for Parcel 086-2-023-00-0. (Approved by Finance Committee April 12, 2010) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 32 Attachment number 1 Page 1 of 2 Item # 32 Attachment number 1 Page 2 of 2 Item # 32 Commission Meeting Agenda 4/20/2010 5:00 PM Approve Change Order #1 to the existing construction contract in the amount of $147,964.00 to Blair Construction for the Water Line Replacements for Fort Gordon Recreation Area at Thurmond Lake . Bid item #09-159. Department:Augusta Utilities Department Caption:Motion to approve Change Order # 1 to the existing construction contract in the amount of $147,964.00 to Blair Construction for the additional work to complete the Water Line Replacements for Fort Gordon Recreation Area. (Approved by Engineering Services Committee April 12,2010) Background:The project is located at Fort Gordon Recreation Area at Thurmond Lake in Columbia County, GA. The project is being constructed to replace the existing 3" water main with an 8" water main that will allow adequate water supply to the area. The project will connect the new 8" water main to a Columbia County owned 12" water main near the intersection of Pike Avenue and Washington Road, and extend approximately 8,300 linear feet of 8" water main throughout the recreational area with service connections, fire hydrants, backflow prevention devices, and an auto flushing device. The project will also provide approximately 5,000 additional linear feet of 6" water main to serve the housing within the recreation area with water, and sufficient flow for fire protection. The modification to this contract is to accommodate new construction at the Fort Gordon Recreation Area. This modification was requested by Fort Gordon and is beyond the original scope of work. Augusta will be reimbursed by Fort Gordon for the cost of this work. Analysis:AUD has evaluated Blair proposal to Change Order #1 and has considered the proposal fair and reasonable to accomplish the project. Financial Impact:The construction proposal submitted for this project is $147,964.00. These funds are available from account 507043410-5425110 / 88880070-5425110 Alternatives:Rejection of this change order #1 would delay the construction and delay revenue to Augusta Richmond County. Recommendation:Recommend Commission approve change order #1 to the existing construction contract to Blair Construction in the amount of $147,964.00 Funds are Available in the Following Accounts: 507043410-5425110 / 88880070-5425110 Cover Memo Item # 33 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 33 Attachment number 1 Page 1 of 1 Item # 33 Commission Meeting Agenda 4/20/2010 5:00 PM Approve Change Order #2 to the existing Design Contract for Fort Gordon Wastewater Connection (Force Main and Lift Station) Department:Augusta Utilities Department Caption:Motion to approve change order #2 to the existing design contract in the amount of $71,985.45 to ZEL Engineers for additional work to complete the full Supplemental Environmental Assessment at Fort Gordon. (Approved by Engineering Services Committee April 12, 2010) Background:The Municipal Services Agreement (MSA) contract between the Augusta Richmond County and Fort Gordon was awarded September 2006. A requirement of the contract is to provide the wastewater connection from Fort Gordon to Augusta Richmond County wastewater collection system. The modification to this contract is to provide a full Supplemental Environment Assessment requested by Fort Gordon .This Act dictates that all concerned environment and cultural resource agencies have plenty time and information to review and provide comments on impacts that may be caused by this action. In order to satisfy that additional scope, ZEL sought the services of TetraTech NUS to complete the full Supplemental Environment Assessment in order to satisfy the National Environmental Policy Act (NEPA) requirements.AUD believe that this scope of work is inclusive and will provide a cost- effective solution to the connection of the sanitary sewer to the Augusta collection system. Analysis:AUD evaluated ZEL Engineers Change Order #2 to the existing Design Contract for Fort Gordon Wastewater Connection (Force Main and Lift Station). This proposal is considered fair and reasonable to accomplish the project. Financial Impact:The design proposal submitted for this project was $71,985.45. These funds are available from the following accounts: 507043420/5212115- 80600040/5212115 Alternatives:1. Rejection of this change order #2 would delay the design and the subsequent construction of the wastewater connection ( Force Main and Lift Station) delaying revenue for the Augusta Richmond County. Recommendation:Recommend Commission approve change order #2 to the existing design contract to ZEL Engineers in the amount of $71,985.45 Funds are Available in the Following Accounts: $71,985.45 from account 507043420/5212115- 80600040/5212115 Cover Memo Item # 34 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 34 Municipal Engineering Water Plants – Distribution Wastewater Plants – Collection Investigations – Planning Studies Recreational Facilities Industrial Parks – Roadways Civil – Structural – Mechanical Electrical & Instrumentation Joseph J. Tankersley, P. E. Jorge E. Jiménez, P. E. Charles D. Drown, P. E. Stacey W. Gordon, P. E. Frank W. Byne, P. E. Kenneth M. Wardenski, EIT, MCSE Founded 1946 Zimmerman, Evans and Leopold, inc. (706) 724-5627 – FAX (706) 724-5789 435 Telfair Street Augusta, Ga. 30901-2494 March 24, 2010 Mr. Jerry Delaughter, P.E., Assistant Director, Engineering Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 Dear Mr. Delaughter: In May 2009, Zimmerman, Evans, and Leopold, Inc. presented a workplan to satisfy a request from Fort Gordon for a supplemental Environmental Assessment (SEA) of the proposed forcemain route. While completing that workplan, the environmental division requested an additional scope of work to complete the SEA. In order to satisfy that additional scope, ZEL sought the services of TetraTech NUS. Subsequently the SEA was revised and published for comments. Only two comments were received, one from the USACE requesting the wetlands Jurisdictional Determination and Pre-Construction Notification, and another comment letter from US EPA requesting verification of why certain activities were presented in the report. The wetlands information was submitted in March 2010 by ZEL. Upon discussion with Fort Gordon personnel, it was determined that a letter response to US EPA would be sufficient to satisfy the final requirement to the SEA. Subsequently, TetraTech NUS provided an additional scope of work to provide the response letter. The original and amended fees requested by Tetratech are presented in Table 1 below. Finally, the original contract did not include the costs associated with procuring easements. Because we were able to reuse older easements that were previously executed for the Jamestown project, the costs were reduced significantly. However the parcels between US-1 and Fort Gordon did not have any recorded information and thus required moderate fieldwork and research. We have included the fee requested by George Godman, RLS, for this scope of work. Attachment number 1 Page 1 of 19 Item # 34 Table 1: Fees associated with completing the MSA Contract. Description Fee Overhead SubTotal TetraTech NUS SEA WriteUp $49,977.00 $7,496.55 $57,473.55 TetraTech NUS SEA EPA Response Letter $9,206.00 $1,380.90 $10,586.90 Easements $3,925.00 $0.00 $3,925.00 Total $71,985.45 The total fee request is $71,985.45. Your consideration of this request for funds required to complete the project is appreciated. Attached to this document are TetraTech NUS’s proposal and Mr. Godman’s Invoice. ZEL looks forward to completing this project for AUD. Very truly yours, ZIMMERMAN, EVANS AND LEOPOLD, INC. Jorge E. Jiménez, P.E. Principal JEJ:slv Attachments Attachment number 1 Page 2 of 19 Item # 34 AIK-09-0320 August 10, 2009 Mr. Jorge E. Jimenez, PE ZEL Engineers 435 Telfair Street Augusta, GA 30901 Delivered via electronic mail to J. E. Jimenez on August 10, 2009 Subject: Final Proposal to Provide Support to ZEL Engineers in the preparation of a Supplemental Environmental Assessment Concerning a Proposed Forcemain on Fort Gordon Dear Mr. Jimenez: Based on discussions Ms. Kristi Hagood and Ms. Karen Patterson of our office had with you on July 31, Tetra Tech is pleased to submit this proposal for preparing a (revised) Supplemental Environmental Assessment (SEA) for a proposed forcemain to convey wastewater to the Augusta-Richmond County Wastewater Treatment Plant (WWTP). This letter describes Tetra Tech’s understanding of the project history and the proposed Scope of Work, briefly discusses Tetra Tech’s qualifications and experience of key personnel, includes a proposed outline and schedule for revising the SEA, and a Time and Materials cost estimate. We have also included a copy of a commendation letter we received for a “fast-track” Environmental Assessment we prepared in May of this year and a copy of our Standard Terms and Conditions. The Project Our understanding of the project is that Fort Gordon privatized its wastewater management system in 2006, consistent with Defense Reform Initiative Directive No. 49. This involved a municipal services agreement with Augusta-Richmond County to connect the Fort Gordon wastewater system to the Augusta-Richmond County wastewater system and pump Fort Gordon wastewater to the Augusta- Richmond County WWTP for treatment. Fort Gordon’s Environmental Division prepared an EA in 2006 that examined potential impacts of privatization, but the EA was in effect a programmatic document because alternative routes for wastewater pipelines had not been selected. The EA with a Finding of No Significant Impact (FONSI) was completed and distributed to stakeholders in June 2006. In June 2009, ZEL Engineers prepared a Supplemental EA that examined several alternative strategies/routes for conveying wastewater to the municipal treatment facility. Fort Gordon Environmental Division staff reviewed the draft SEA, provided ZEL Engineers with a number of comments, several of which were substantive, and recommended that ZEL Engineers engage a full-service National Environmental Policy Act (NEPA)/natural resources firm, such as Tetra Tech, to revise the document. Attachment number 1 Page 3 of 19 Item # 34 Use or disclosure of data contained in this proposal or quotation shall not be disclosed outside of ZEL Engineers AIK-09-0320 August 10, 2009 Mr. Jorge E. Jimenez, PE Page 2 of 12 Tetra Tech NUS, Inc. 900 Trail Ridge Road, Aiken, SC 29803 Tel: 803.649.7963 Fax: 803.642-8454 www.tetratech.com Our Qualifications We believe Tetra Tech is uniquely qualified to revise the SEA for ZEL Engineers. Tetra Tech holds one of the DOE Nationwide NEPA Contracts and has held this contract since 1997, the first year that DOE awarded this type of contract. We have prepared more than 65 Environmental Impact Statements, Environmental Assessments, or supplemental analyses for DOE from 2003 through 2007. From 1981 to 2008, the Aiken Office of Tetra Tech prepared dozens of NEPA documents (EAs and EISs) for the DOE- Savannah River Site (SRS), a facility that shares many characteristics with Fort Gordon. Like Fort Gordon, SRS is a large federal reservation with limited public access, large forest stands managed for both wildlife and timber production, and some restricted recreational use (hunting and fishing in portions of the site at certain times of the year). Moreover, the two sites’ archeological and ecological resources are very similar, which is not surprising given that they are only 30 (air) miles apart and both lie in the Savannah River watershed. The Aiken Office of Tetra Tech has prepared Environmental Reports (specialized NEPA documents required by the U.S. Nuclear Regulatory Commission) for relicensing of more 25 nuclear power plants and has prepared Environmental Reports since 2004 for proposed new nuclear generating facilities in Virginia, South Carolina, Georgia, Florida, and Texas. In May 2009, we completed an ER for a proposed photovoltaic power generation facility in Chicago for submittal to the DOE Loan Guarantee Program. This ER had an extremely tight schedule, and Tetra Tech delivered the Final ER to the client 35 days from contract signature. A letter from the client (attached) demonstrates his satisfaction with our performance. Tetra Tech has prepared literally hundreds of Environmental Assessments for Department of Defense facilities, primarily Air Force facilities, but in recent years has also gotten heavily involved in supporting various Department of the Army initiatives, including the privatization of military housing on most of its installations in the Continental US and Hawaii. This action was authorized under the Military Housing Privatization Initiative (MHPI), enacted by Congress as part of the 1996 Defense Authorization Act, P. L. 104-106. The MHPI was enacted in response to a growing need for high quality yet affordable housing for military personnel, and was designed to stimulate private development of housing for military members. Tetra Tech was contracted by the Mobile District of the U.S. Army Corps of Engineers to prepare separate Environmental Assessments (EA), Environmental Baseline Surveys (EBS), Findings of Suitability to Lease (FOSL), and Findings of Suitability to Transfer (FOST) for each of the Army facilities included in the MHPI program. Completed projects include: Ft Hood, TX; Fort Bragg, NC; Fort Campbell, KY; Fort Stewart/Hunter Army Airfield, GA; Fort Polk, LA; Presidio of Monterey, CA; Moffett Federal Airfield, CA; Parks Reserve Forces Training Area, CA; Fort Irwin, CA; Fort Hamilton, NY; Fort Drum, NY; Fort Monmouth, NJ; Picatinny Arsenal, NJ; Fort Rucker, AL; Redstone Arsenal, AL; Fort Benning, GA; Fort Sam Houston, TX; Fort Bliss, TX; Fort Leonard Wood, MO; Fort Leavenworth, KS; Fort Riley, KS; White Sands Missile Range, NM; Fort Knox, KY; Fort Detrick, MD; Fort Eustis, VA; Ft Lee, VA; Fort Monroe, VA; Fort Story, VA; Walter Reed Army Medical Center, Washington DC; and all Army and Coast Guard housing installations (7 areas) in Hawaii. Tetra Tech also provided support for the privatization of Navy family housing for the Naval Post Graduate School in Monterey, CA and the Coast Guard in Hawaii. Attachment number 1 Page 4 of 19 Item # 34 Use or disclosure of data contained in this proposal or quotation shall not be disclosed outside of ZEL Engineers AIK-09-0320 August 10, 2009 Mr. Jorge E. Jimenez, PE Page 3 of 12 Tetra Tech NUS, Inc. 900 Trail Ridge Road, Aiken, SC 29803 Tel: 803.649.7963 Fax: 803.642-8454 www.tetratech.com Proposed Project Team The proposed Project Manager for this project, Ms. Kristi Hagood, has extensive experience preparing Environmental Assessments and related documents in compliance with NEPA. She came to Tetra Tech from Fort Gordon, where she was a NEPA Specialist involved in the preparation of Environmental Assessments and Environmental Baseline Surveys for the Department of the Army. While at Fort Gordon she co-authored several EAs, including the (2006) Environmental Assessment for the Proposed Privatization of Wastewater Utilities; US Army Garrison, Fort Gordon and Fort Gordon Recreation Area, Georgia and the (2007) Environmental Assessment for the Construction and Operation of a Convoy Live Fire Range; U.S. Army Garrison – Fort Gordon and contributed to several others as a Senior Reviewer. As a consequence, she is intimately familiar with Fort Gordon’s human and natural resources and the Army’s policies and procedures for implementing NEPA at 32 CFR Part 651. Mr. Mathew Neet, who will be the project GIS specialist and Land Use analyst, also came to Tetra Tech from Fort Gordon, where he was a GIS Analyst with the ITAM (Integrated Training Area Management) and Sustainable Range Programs. Mr. Derrick Haltiwanger, who is proposed as the Air Resources and Hazardous Waste analyst, was an Environmental Scientist providing RCRA and Clean Air Act compliance support to Fort Gordon’s Environmental Division Office from 2003 to 2008. Ms. Kathy Roxlau, who is proposed as Historic and Cultural Resources lead, has contributed to numerous Army NEPA documents, including EAs for privatization of housing at Fort Sill (Oklahoma), Fort Lee (Virginia), and the U.S. Military Academy at West Point. She has also conducted cultural resources assessments in support of EISs for Defense Base Closure and Realignment Commission (BRAC)-related expansion of facilities at Fort Belvoir (Virginia), Fort Lee (Virginia) and A.P. Hill (Virginia). Mr. Mike Whitten, who is proposed as Project Terrestrial Ecologist, has conducted surveys of federally- listed red-cockaded woodpeckers and state-listed gopher tortoises across the southeast in support of power plant and transmission line projects. He conducted surveys of endangered species (including red- cockaded woodpeckers and gopher tortoises) at Georgia Power’s Plant Vogtle and along 360 miles of associated transmission lines in 2005-2006 in support of an application to NRC for operating license renewal. He conducted numerous surveys of red-cockaded woodpeckers and gopher tortoises in Florida in the 1990s for real estate developers and electric utilities, and was authorized by Florida Wildlife Conservation Commission to relocate gopher tortoises that could be harmed by development activities. The remainder of the proposed project team is shown in the attached organizational chart. Proposed Technical Approach Consistent with (1) our understanding of the Army’s NEPA requirements, (2) our experience preparing NEPA documentation for actions at other Department of Defense facilities, and (3) comments ZEL Engineers received on the draft SEA, we propose to do the following: (1) Reorganize and re-format the document as appropriate (2) Add new “Geology and Soils” and “Infrastructure & Utilities” sections (3) Prepare all-new graphics and figures (4) Stress the connection between the SEA and the original EA, and refer to the original EA as appropriate, incorporating by reference, material that doesn’t bear directly on the analysis Attachment number 1 Page 5 of 19 Item # 34 Use or disclosure of data contained in this proposal or quotation shall not be disclosed outside of ZEL Engineers AIK-09-0320 August 10, 2009 Mr. Jorge E. Jimenez, PE Page 4 of 12 Tetra Tech NUS, Inc. 900 Trail Ridge Road, Aiken, SC 29803 Tel: 803.649.7963 Fax: 803.642-8454 www.tetratech.com (5) Tie the contents of the document more closely to the Army’s procedures for implementing NEPA (6) Expand and refine the discussion of ecological resources, in particular the assessment of potential impacts to red-cockaded woodpeckers and gopher tortoises (7) Present a list of special-status species known to occur in the project vicinity and make clearer the distinction between state-listed, federally-listed species, and species of concern (8) Add a discussion of the Army’s responsibilities and requirements relative to Section 7 of the Endangered Species Act (9) Expand the discussion of cumulative impacts to non-pipeline/non-wastewater projects consistent with regulations at 32 CFR 651.16 and 40 CFR 1508.7 (10) Add a discussion of potential infrastructure/public utilities impacts, specifically the potential impact of the additional wastewater volume (up to 6 MGD) on Augusta Utilities (what is the system’s current treatment capacity? What percent of this capacity is currently being used?) (11) Expand the discussion of wetlands and wetlands impacts to include state and federal requirements and the 404 permitting process (12) Expand the discussion of Historic Properties to include a discussion of the NHPA and the Army’s responsibilities relative to Section 106 of the NHPA (13) Ensure that the Fort Gordon Environmental Division comments on ZEL’s draft SEA are satisfactorily addressed In addition to revising the SEA as described above, we propose to conduct a focused survey of red- cockaded woodpecker habitat within a half-mile radius of the project sites, in accordance with the U.S. Fish and Wildlife Service’s (2003) revised Recovery Plan for the red-cockaded woodpecker. We also propose to conduct a search for gopher tortoise burrows in the same areas. Note that our cost estimate assumes that approximately 500 acres will be surveyed. Should it become necessary to expand these surveys, costs would be revisited. We also propose to write letters to regulatory agencies and stakeholders seeking information on the resources of interest and any specific agency concerns, and place these letters and responses in an appendix to the SEA. The content of these letters would be reviewed by Environmental Division staff and the letters would go out under Fort Gordon letterhead. Cost Estimate The Time and Materials cost estimate for conducting the described scope of work under the proposed schedule is $49,977. The cost estimate includes the following items: The items described previously, in the Proposed Technical Approach Delivery of a Draft SEA for comment Incorporation of comments on the Draft SEA and delivery of a PDF file of the Final ER. Our estimate assumes that no face-to-face meetings will be necessary, that any issues that arise can be dealt with by phone or e-mail. It assumes further that resource reports prepared by Southeastern Environmental Solutions, Inc. (wetlands), R.S. Webb & Associates (historic and archaeological sites), and L.L. “Chick” Gaddy (endangered species) are comprehensive and technically sound, and no additional investigations or surveys will be necessary, other than the red-cockaded woodpecker and gopher tortoise surveys described in the Proposed Technical Approach section. Attachment number 1 Page 6 of 19 Item # 34 Use or disclosure of data contained in this proposal or quotation shall not be disclosed outside of ZEL Engineers AIK-09-0320 August 10, 2009 Mr. Jorge E. Jimenez, PE Page 5 of 12 Tetra Tech NUS, Inc. 900 Trail Ridge Road, Aiken, SC 29803 Tel: 803.649.7963 Fax: 803.642-8454 www.tetratech.com Proposed Schedule Tetra Tech is prepared to begin work as shown in the proposed schedule. Any delay in the contract signature and Notice to Proceed would result in a shifting of the deliverable due dates commensurate with the change in the start date. Below is a proposed schedule for the project. Tetra Tech believes this schedule is very aggressive, but achievable. The draft schedule includes items required from ZEL Engineers in order for us to meet the schedule for Tetra Tech deliverables. All dates are 2009. Date Responsibility Item Aug 17 ZEL Engineers Contract Signed, Notice to Proceed Provided Aug 18 Tetra Tech Internal TT Kick-Off Meeting Aug 19 Tetra Tech TT to Deliver Data Request to Fort Gordon and ZEL Engineers Aug 20 Tetra Tech Scoping Letters sent to Fort Gordon for approval and Signature Aug 21 Tetra Tech Scoping Letters sent to agencies Sept 14 Tetra Tech Deliver Draft SEA and draft FONSI to ZEL Engineers, Augusta Utilities and Fort Gordon Sept 23 Fort Gordon, ZEL Engineers, Augusta Utilities Deliver comments to TT Sept 30 Tetra Tech Deliver Final SEA and draft FONSI to ZEL Engineers, Augusta Utilities, and Fort Gordon Oct 1 Tetra Tech Letters sent to Fort Gordon for approval and Signature to send Final EA to agencies/Public announcement published in Augusta Chronicle Oct 2 Tetra Tech Final SEA and Draft FONSI sent to agencies for 30-day comment period Nov 16 Tetra Tech Address any public comments and finalize FONSI We look forward to providing environmental support for this interesting project. Should you have any questions concerning this proposal, please contact Kristi Hagood at 803-641-4959. Should you have any questions regarding contractual obligations, please contact me at (803) 641-6316 as the authorized representative for Tetra Tech. Attachment number 1 Page 7 of 19 Item # 34 Use or disclosure of data contained in this proposal or quotation shall not be disclosed outside of ZEL Engineers AIK-09-0320 August 10, 2009 Mr. Jorge E. Jimenez, PE Page 6 of 12 Tetra Tech NUS, Inc. 900 Trail Ridge Road, Aiken, SC 29803 Tel: 803.649.7963 Fax: 803.642-8454 www.tetratech.com Sincerely, James L. Oliver Aiken Operations Manager Attachments: Proposed Outline for the Environmental Report Commendation Letter from Client for Chicago Solar Facility ER Tetra Tech Project Organizational Chart Tetra Tech NUS Inc. Standard Conditions cc: PNUS-019952 Attachment number 1 Page 8 of 19 Item # 34 PROPOSED OUTLINE FOR THE ENVIRONMENTAL ASSESSMENT EXECUTIVE SUMMARY TABLE OF CONTENTS ACRONYMS AND ABBREVIATIONS 1. PURPOSE, NEED AND SCOPE 1.1. BACKGROUND 1.2. PURPOSE AND NEED FOR THE PROPOSED ACTION 1.3. DECISION TO BE MADE 1.4. PROJECT SCOPING AND PUBLIC INVOLVEMENT 1.4.1. PROJECT PLANNING MEETINGS 1.4.2. SCOPING LETTER 1.4.3. PUBLIC PARTICIPATION PROCESS 1.4.4. KEY ISSUES TO ADDRES IN THIS EA 1.5. SCOPE OF THIS EA 1.6. SUMMARY OF ENVIRONMENTAL COMPLIANCE REQUIREMENTS 2. DESCRIPTION OF PROPOSED ACTION AND ALTERNATIVES 2.1. DESCRIPTION OF THE PROPOSED ACTION 2.2. ALTERNATIVES CONSIDERED IN THIS EA 2.3. ALTERNATIVES SCREENING PROCESS 2.4. PREFERRED ALTERNATIVE 3. AFFECTED ENVIRONMENT & CONSEQUENCES 3.1. ASSESSING IMPACTS 3.1.1. GENERAL INFORMATION 3.1.2. TYPES OF IMPACTS 3.1.3. INTENSITY OF IMPACT (Significance Thresholds) 3.1.4. SOURCES OF INFORMATION AND ANALYSIS 3.1.5. LIMITING THE IMPACT ANALYSIS (some of the following categories could be moved under “Limiting the Impact Analysis” if full discussions are not warranted) 3.2. NOISE EFFECTS 3.3. LAND USE & VISUAL RESOURCES 3.4. AIR QUALITY 3.5. GEOLOGY & SOILS 3.6. WETLANDS RESOURCES 3.7. WATER QUALITY 3.8. BIOLOGICAL RESOURCES 3.9. CULTURAL RESOURCES 3.10. SOCIOECONOMICS & ENVIRONMENTAL JUSTICE 3.11. INFRASTRUCTURE & UTILITIES 3.12. HAZARDOUS SUBSTANCES 4. CUMULATIVE IMPACTS Attachment number 1 Page 9 of 19 Item # 34 5. SUMMARY AND RECOMMENDATIONS 5.1. FINDINGS AND RECOMMENDATIONS 5.2. SELECTED ALTERNATIVE 5.3. IMPACT REDUCTION MEASURES FOR THE SELECTED ALTERNATIVE 5.4. BEST MANAGEMENT PRACTICES 6. REFERENCES 7. LIST OF PREPARERS 8. LIST OF AGENCIES CONTACTED APPENDIX A AGENCY/STAKEHOLDER CORRESPONDENCE (additional appendices as required) Attachment number 1 Page 10 of 19 Item # 34 Commendation letter from Client for Chicago Solar Facility ER Attachment number 1 Page 11 of 19 Item # 34 TETRA TECH PROJECT ORGANIZATIONAL CHART Proposed Action and Alternatives • Kristi Hagood Cumulative Impacts • Kristi Hagood Noise Effects • Kristi Hagood Air Quality • Derrick Haltiwanger Cultural Resources • Kathy Roxlau Water Quality • Philip Moore Biological Resources • Philip Moore • Mike Whitten Wetlands Resources • Kristi Hagood Socioeconomics & Environmental Justice •Emily McRee Infrastructure & Utilities • Mary Hoganson Geology & Soils • David Watkins Land Use/Visual Resources •Emily McRee • Matthew Neet Hazardous Substances • Derrick Haltiwanger GIS • Matthew Neet Technical Leads Tetra Tech Project Manager Kristi Hagood Line Manager James L. Oliver ZEL Engineers/ Augusta Utilities/ Fort Gordon Proposed Action and Alternatives • Kristi Hagood Cumulative Impacts • Kristi Hagood Noise Effects • Kristi Hagood Air Quality • Derrick Haltiwanger Cultural Resources • Kathy Roxlau Water Quality • Philip Moore Biological Resources • Philip Moore • Mike Whitten Wetlands Resources • Kristi Hagood Socioeconomics & Environmental Justice •Emily McRee Infrastructure & Utilities • Mary Hoganson Geology & Soils • David Watkins Land Use/Visual Resources •Emily McRee • Matthew Neet Hazardous Substances • Derrick Haltiwanger GIS • Matthew Neet Technical Leads Tetra Tech Project Manager Kristi Hagood Line Manager James L. Oliver ZEL Engineers/ Augusta Utilities/ Fort Gordon Attachment number 1 Page 12 of 19 Item # 34 TETRA TECH NUS, INC. STANDARD CONDITIONS 1. SERVICES. TETRA TECH NUS, INC. shall provide professional services in accordance with the agreed upon scope of work. 2. EXECUTION. This Agreement becomes effective upon signatures by authorized representatives of the Client and TETRA TECH NUS, INC. and upon receipt by TETRA TECH NUS, INC. of a signed original or facsimile transmittal. If facsimile transmittal is initially sent to TETRA TECH NUS, INC., Client will provide TETRA TECH NUS, INC. with a signed original for record as soon as practicable. 3. INITIATION. TETRA TECH NUS, INC. is authorized to proceed with services upon receipt of an executed Agreement or written Notice to Proceed. 4. COMPLETION/TERMINATION. This Agreement shall remain in force until completion and acceptance of the services or until terminated by mutual agreement. This contract may be terminated by the Client and/or TETRA TECH NUS, INC. upon 10 days written notice. In the event of such termination, TETRA TECH NUS, INC. will be paid the portion of the compensation (and fixed fee, if applicable) for services performed in accordance with the scope of services under the terms of this Agreement to the date of termination together with all costs arising out of such termination. Continuing Service Agreements shall be reviewed annually for rates and shall remain in force until terminated in writing by either party, or otherwise stipulated contractually. 5. STANDARD OF CARE. Services provided by TETRA TECH NUS, INC. under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. TETRA TECH NUS, INC. makes no warranty or guaranty, either express or implied. 6. INDEPENDENT CONSULTANT. TETRA TECH NUS, INC. is and shall be at all times during the term of this Agreement an independent consultant and not an employee or agent of the Client. 7. COMPLIANCE WITH LAWS. TETRA TECH NUS, INC. will endeavor to comply with Federal, State, and local laws and ordinances applicable to the services to be provided under this Agreement. 8. PAYMENT TERMS / COLLECTION COSTS. TT NUS shall be compensated in accordance with TT NUS’ Proposal and the terms of this Article. TT NUS’ invoices are rendered monthly and are payable upon receipt. Payment shall be made to the following address: Tetra Tech NUS, Inc., Department 1624, Denver, CO 80291-1624. Interest shall accrue at the rate of two percent (2%) over prevailing prime rate shall be charged on a monthly basis (or the maximum percentage allowed by law, whichever is less) on any amounts not paid within thirty (30) days of invoice submittal. In the event legal action is necessary to enforce the payment provisions of this Agreement if Client fails to make payment within sixty (60) days of the invoice date, TETRA TECH NUS, INC. shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by TETRA TECH NUS, INC. in connection therewith and, in addition, the reasonable value of TETRA TECH NUS, INC.'s time and expenses spent in connection with such collection action, computed at TETRA TECH NUS, INC.'s prevailing fee schedule and expense policies. 9. OWNERSHIP OF DOCUMENTS. Drawings, specifications, reports, programs, manuals, or other documents, including all documents on electronic media, prepared under this Agreement are instruments of service and are, and shall remain, the property of TETRA TECH NUS, INC.. TETRA TECH NUS, INC. will retain all common law, statutory, and other reserved rights, including the copyright thereto. TETRA TECH NUS, INC. shall not be held liable for reuse of documents or modifications thereof by the Client or its representatives for any purpose other than the original intent of this Agreement, without written authorization of and appropriate compensation to TETRA TECH NUS, INC.. 10. SITE VISITS/OBSERVATION. If included in the Scope of Work, TETRA TECH NUS, INC. shall visit the project and/or construction site at appropriate intervals to become generally familiar with the progress, quality of work (contractors' work), and to determine if the work is proceeding in general accordance with the Contract Documents. Visits to the project site and observations made by TETRA TECH NUS, INC. as part of services during construction under Agreement shall not make TETRA TECH NUS, INC. responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not make TETRA TECH NUS, INC. responsible for, nor relieve the construction contractor(s) of the full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. 11. EQUAL OPPORTUNITY EMPLOYMENT. TETRA TECH NUS, INC. will comply with federal regulations pertaining to Equal Opportunity Employment. TETRA TECH NUS, INC. is in compliance with applicable local, state, and federal regulations concerning minority hiring. It is TETRA TECH NUS, INC.'s policy to ensure that applicants and employees are treated equally without regard to race, creed, sex, age, color, religion, veteran status, ancestry, citizenship status, national origin, marital status, sexual orientation, or disability. TETRA TECH NUS, INC. expressly assures all employees, applicants for employment, and the community of its continuous commitment to equal opportunity and fair employment practices. TETRA TECH NUS, INC.'s equal opportunity employment policy applies to all phases of employment, including recruiting, hiring, job assignment, supervision, training, upgrading, transfer, compensation, benefits, promotion, education, recreation, layoff and termination. 12. INSURANCE. TETRA TECH NUS, INC. will maintain the following levels of insurance during the term of this Agreement. The Client will be named as an additional insured on the Commercial General Liability and Automobile Liability insurance policies. a. Worker's Compensation (and Employer's Liability Insurance) — as required by applicable state statute. b. Commercial General Liability — $1,000,000 per occurrence for bodily injury, including death and property damage, and $2,000,000 in the aggregate. c. Automobile Liability — minimum of $1,000,000 combined single limit for bodily injury and property damage. d. Professional Liability (E&O) and Professional Pollution Liability and Contractors’ Pollution Liability — $1,000,000 each claim and in the aggregate. 13. INDEMNIFICATION/HOLD HARMLESS. TETRA TECH NUS, INC. shall indemnify and hold harmless the Client and its employees from any liability, settlements, loss, or costs (including reasonable attorneys’ fees and costs of defense) to the extent caused by TETRA TECH NUS, INC.’s negligent acts, errors, or omissions in services provided pursuant to this Agreement. Provided, however, that if any such liability, settlements, loss, or costs result from the concurrent negligence of TETRA TECH NUS, INC. and the Client, this indemnification applies only to the extent of the negligence of TETRA TECH NUS, INC.. 14. LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the project to both the Client and TETRA TECH NUS, INC., the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of TETRA TECH NUS, INC. and its subconsultants to the Client and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of TETRA TECH NUS, INC. and its subconsultants to all those named shall not exceed $250,000 or the amount of TETRA TECH NUS’ total fee paid by the Client for services under this Agreement, whichever is the greater. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. 15. SPECIAL, INDIRECT or CONSEQUENTIAL DAMAGES. Tetra Tech NUS and its employees shall in no event be liable for any special, indirect or consequential damages, including specifically but without limitation, any based on loss of profits or revenue, loss of or interference, whether or not by third parties, with full or partial use of any equipment, facility or property, including real property, cost of replacement power, energy or product, delay in or failure to perform or to obtain permits or approvals, cost of capital, loss of goodwill, claims of customers, fines or penalties assessed against client or similar damages. These terms provide allocations of risk and reward consistent with the nature and extent of the Services and to that end include (i) protections against, and limitations on, liability of Tetra Tech NUS and (ii) specific remedies of Client which shall be its sole and exclusive remedies. The allocations, shall survive this contract and apply to the fullest extent allowed by law irrespective of whether liability of Tetra Tech NUS is claimed, or found, to be based in contract, tort or otherwise (including negligence, warranty, indemnity and strict liability) and Client hereby waives all rights of recovery and assumes all risks beyond those explicitly allocated to Tetra Tech NUS herein. 16. FORCE MAJEURE. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such obligations is prevented or delayed by any cause which is beyond the reasonable control of the affected party, and the time for performance of either party hereunder shall in such event be extended Attachment number 1 Page 13 of 19 Item # 34 for a period equal to any time lost as a result thereof, and an equitable adjustment shall be made to Tetra Tech NUS’ compensation. 17. DISPUTES. Any action for claims arising out of or relating to this Agreement and/or respective services shall be governed by the laws of the State of CA. Venue shall be in Los Angeles County Superior Court. Mediation is an express condition precedent to the filing of any legal action. Unless the parties agree otherwise, the mediation shall be conducted pursuant to the Construction Mediation Rules of the American Arbitration Association. 18. ATTORNEY FEES. Should there be any suit or action instituted to enforce any right granted in this contract, the substantially prevailing party shall be entitled to recover its costs, disbursements and reasonable attorney fees from the other party. The party who is awarded a net recovery against the other shall be deemed the substantially prevailing party unless such other party has previously made a bona fide offer of payment in settlement and the amount of recovery is the same or less than the amount offered in settlement. Reasonable attorney fees may be recovered regardless of the forum in which the dispute is heard, including an appeal. Attachment number 1 Page 14 of 19 Item # 34 Attachment number 1 Page 15 of 19 Item # 34 Use or disclosure of data contained in this proposal or quotation shall not be disclosed outside of ZEL Engineers AIK-10-0072 February 26, 2010 Mr. Wes Byne, PE Page 2 of 4 Tetra Tech NUS, Inc. 900 Trail Ridge Road, Aiken, SC 29803 Tel: 803.649.7963 Fax: 803.642-8454 www.tetratech.com The Time and Materials cost estimate for conducting the described scope of work under the proposed schedule is $9,206. The cost estimate assumes that no revisions to the SEA will be necessary. Below is a proposed schedule for the project. Tetra Tech believes this schedule is very aggressive, but achievable. The draft schedule includes items required from ZEL Engineers in order for us to meet the schedule for Tetra Tech deliverables. All dates are 2009. Date Responsibility March 3 Item ZEL Engineers Contract Signed, Notice to Proceed Provided March 15 Tetra Tech Draft response submitted to ZEL Engineers and Fort Gordon March 17 ZEL Engineers and Fort Gordon Submit comments to Tetra Tech for incorporation into response March 22 Tetra Tech Deliver final response to ZEL Engineer and Fort Gordon We look forward to providing environmental support for this project. Should you have any questions concerning this proposal, please contact Kristi Hagood at 803-641-4959. Should you have any questions regarding contractual obligations, please contact me at (803) 641-6316 as the authorized representative for Tetra Tech. Sincerely, James L. Oliver Aiken Operations Manager Attachments: Tetra Tech NUS Inc. Standard Conditions cc: 112C02377 Attachment number 1 Page 16 of 19 Item # 34 TETRA TECH NUS, INC. STANDARD CONDITIONS 1. SERVICES. TETRA TECH NUS, INC. shall provide professional services in accordance with the agreed upon scope of work. 2. EXECUTION. This Agreement becomes effective upon signatures by authorized representatives of the Client and TETRA TECH NUS, INC. and upon receipt by TETRA TECH NUS, INC. of a signed original or facsimile transmittal. If facsimile transmittal is initially sent to TETRA TECH NUS, INC., Client will provide TETRA TECH NUS, INC. with a signed original for record as soon as practicable. 3. INITIATION. TETRA TECH NUS, INC. is authorized to proceed with services upon receipt of an executed Agreement or written Notice to Proceed. 4. COMPLETION/TERMINATION. This Agreement shall remain in force until completion and acceptance of the services or until terminated by mutual agreement. This contract may be terminated by the Client and/or TETRA TECH NUS, INC. upon 10 days written notice. In the event of such termination, TETRA TECH NUS, INC. will be paid the portion of the compensation (and fixed fee, if applicable) for services performed in accordance with the scope of services under the terms of this Agreement to the date of termination together with all costs arising out of such termination. Continuing Service Agreements shall be reviewed annually for rates and shall remain in force until terminated in writing by either party, or otherwise stipulated contractually. 5. STANDARD OF CARE. Services provided by TETRA TECH NUS, INC. under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. TETRA TECH NUS, INC. makes no warranty or guaranty, either express or implied. 6. INDEPENDENT CONSULTANT. TETRA TECH NUS, INC. is and shall be at all times during the term of this Agreement an independent consultant and not an employee or agent of the Client. 7. COMPLIANCE WITH LAWS. TETRA TECH NUS, INC. will endeavor to comply with Federal, State, and local laws and ordinances applicable to the services to be provided under this Agreement. 8. PAYMENT TERMS / COLLECTION COSTS. TT NUS shall be compensated in accordance with TT NUS’ Proposal and the terms of this Article. TT NUS’ invoices are rendered monthly and are payable upon receipt. - Interest shall accrue at the rate of two percent (2%) over prevailing prime rate shall be charged on a monthly basis (or the maximum percentage allowed by law, whichever is less) on any amounts not paid within thirty (30) days of invoice submittal. In the event legal action is necessary to enforce the payment provisions of this Agreement if Client fails to make payment within sixty (60) days of the invoice date, TETRA TECH NUS, INC. shall be entitled to collect from the Client any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by TETRA TECH NUS, INC. in connection therewith and, in addition, the reasonable value of TETRA TECH NUS, INC.'s time and expenses spent in connection with such collection action, computed at TETRA TECH NUS, INC.'s prevailing fee schedule and expense policies. 9. OWNERSHIP OF DOCUMENTS. Drawings, specifications, reports, programs, manuals, or other documents, including all documents on electronic media, prepared under this Agreement are instruments of service and are, and shall remain, the property of TETRA TECH NUS, INC.. TETRA TECH NUS, INC. will retain all common law, statutory, and other reserved rights, including the copyright thereto. TETRA TECH NUS, INC. shall not be held liable for reuse of documents or modifications thereof by the Client or its representatives for any purpose other than the original intent of this Agreement, without written authorization of and appropriate compensation to TETRA TECH NUS, INC.. 10. SITE VISITS/OBSERVATION. If included in the Scope of Work, TETRA TECH NUS, INC. shall visit the project and/or construction site at appropriate intervals to become generally familiar with the progress, quality of work (contractors' work), and to determine if the work is proceeding in general accordance with the Contract Documents. Visits to the project site and observations made by TETRA TECH NUS, INC. as part of services during construction under Agreement shall not make TETRA TECH NUS, INC. responsible for, nor relieve the construction contractor(s) of the obligation to conduct comprehensive monitoring of the work sufficient to ensure conformance with the intent of the Contract Documents, and shall not make TETRA TECH NUS, INC. responsible for, nor relieve the construction contractor(s) of the full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract(s) and for all safety precautions incidental thereto. 11. EQUAL OPPORTUNITY EMPLOYMENT. TETRA TECH NUS, INC. will comply with federal regulations pertaining to Equal Opportunity Employment. TETRA TECH NUS, INC. is in compliance with applicable local, state, and federal regulations concerning minority hiring. It is TETRA TECH NUS, INC.'s policy to ensure that applicants and employees are treated equally without regard to race, creed, sex, age, color, religion, veteran status, ancestry, citizenship status, national origin, marital status, sexual orientation, or disability. TETRA TECH NUS, INC. expressly assures all employees, applicants for employment, and the community of its continuous commitment to equal opportunity and fair employment practices. TETRA TECH NUS, INC.'s equal opportunity employment policy applies to all phases of employment, including recruiting, hiring, job assignment, supervision, training, upgrading, transfer, compensation, benefits, promotion, education, recreation, layoff and termination. 12. INSURANCE. TETRA TECH NUS, INC. will maintain the following levels of insurance during the term of this Agreement. The Client will be named as an additional insured on the Commercial General Liability and Automobile Liability insurance policies. a. Worker's Compensation (and Employer's Liability Insurance) — as required by applicable state statute. b. Commercial General Liability — $1,000,000 per occurrence for bodily injury, including death and property damage, and $2,000,000 in the aggregate. c. Automobile Liability — minimum of $1,000,000 combined single limit for bodily injury and property damage. d. Professional Liability (E&O) and Professional Pollution Liability and Contractors’ Pollution Liability — $1,000,000 each claim and in the aggregate. 13. INDEMNIFICATION/HOLD HARMLESS. TETRA TECH NUS, INC. shall indemnify and hold harmless the Client and its employees from any liability, settlements, loss, or costs (including reasonable attorneys’ fees and costs of defense) to the extent caused by TETRA TECH NUS, INC.’s negligent acts, errors, or omissions in services provided pursuant to this Agreement. Provided, however, that if any such liability, settlements, loss, or costs result from the concurrent negligence of TETRA TECH NUS, INC. and the Client, this indemnification applies only to the extent of the negligence of TETRA TECH NUS, INC.. 14. LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the project to both the Client and TETRA TECH NUS, INC., the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of TETRA TECH NUS, INC. and its subconsultants to the Client and to all construction contractors and subcontractors on the project for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, so that the total aggregate liability of TETRA TECH NUS, INC. and its subconsultants to all those named shall not exceed $250,000 or the amount of TETRA TECH NUS’ total fee paid by the Client for services under this Agreement, whichever is the greater. Such claims and causes include, but are not limited to negligence, professional errors or omissions, strict liability, breach of contract or warranty. 15. SPECIAL, INDIRECT or CONSEQUENTIAL DAMAGES. Tetra Tech NUS and its employees shall in no event be liable for any special, indirect or consequential damages, including specifically but without limitation, any based on loss of profits or revenue, loss of or interference, whether or not by third parties, with full or partial use of any equipment, facility or property, including real property, cost of replacement power, energy or product, delay in or failure to perform or to obtain permits or approvals, cost of capital, loss of goodwill, claims of customers, fines or penalties assessed against client or similar damages. These terms provide allocations of risk and reward consistent with the nature and extent of the Services and to that end include (i) protections against, and limitations on, liability of Tetra Tech NUS and (ii) specific remedies of Client which shall be its sole and exclusive remedies. The allocations, shall survive this contract and apply to the fullest extent allowed by law irrespective of whether liability of Tetra Tech NUS is claimed, or found, to be based in contract, tort or otherwise (including negligence, warranty, indemnity and strict liability) and Client hereby waives all rights of recovery and assumes all risks beyond those explicitly allocated to Tetra Tech NUS herein. 16. FORCE MAJEURE. Neither party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such obligations is prevented or delayed by any cause which is beyond the reasonable control of the affected party, and the time for performance of either party hereunder shall in such event be extended Attachment number 1 Page 17 of 19 Item # 34 Use or disclosure of data contained in this proposal or quotation shall not be disclosed outside of ZEL Engineers Tetra Tech NUS, Inc. 900 Trail Ridge Road, Aiken, SC 29803 Tel: 803.649.7963 Fax: 803.642-8454 www.tetratech.com for a period equal to any time lost as a result thereof, and an equitable adjustment shall be made to Tetra Tech NUS’ compensation. 17. DISPUTES. Any action for claims arising out of or relating to this Agreement and/or respective services shall be governed by the laws of the State of CA. Venue shall be in Los Angeles County Superior Court. Mediation is an express condition precedent to the filing of any legal action. Unless the parties agree otherwise, the mediation shall be conducted pursuant to the Construction Mediation Rules of the American Arbitration Association. 18. ATTORNEY FEES. Should there be any suit or action instituted to enforce any right granted in this contract, the substantially prevailing party shall be entitled to recover its costs, disbursements and reasonable attorney fees from the other party. The party who is awarded a net recovery against the other shall be deemed the substantially prevailing party unless such other party has previously made a bona fide offer of payment in settlement and the amount of recovery is the same or less than the amount offered in settlement. Reasonable attorney fees may be recovered regardless of the forum in which the dispute is heard, including an appeal. Attachment number 1 Page 18 of 19 Item # 34 Attachment number 1 Page 19 of 19 Item # 34 Commission Meeting Agenda 4/20/2010 5:00 PM Approve Change Order #21 CBWDC Department:Public Services Department - Facilities Management Division Caption:Motion to approve Change Order No. 21 in the amount of $90,794.00 to the Construction Contract for the Webster Detention Center (WDC) Expansion. This Change Order also includes a contract time extension of 62 days for increase in scope of work with no extended overhead charges. The revised contract amount is $33,814,805.03. (Approved by Engineering Services Committee April 12, 2010) Background:The current $33.5M Contract with McKnight Construction to construct additions to the Detention Center was approved by the Commission on November 5, 2008, and significantly altered by the addition of the Female Pod (Change Order No. 1) shortly thereafter. Subsequent, additional Change Orders have been approved since that time necessary for on-going construction and enhanced functionality of the Webster Detention Center. This Change Order enhances the project as follows: 1. Installs polished concrete flooring in F Pod Dayrooms, in lieu of VCT; 2. Adds sealer to the concrete floors in all of the cells in F Pod; 3. Changes the finish material from plastic laminate to stainless steel on the video visitation stations in all of the pods.; 4. Gives a credit for deleting the painting in the chase areas of Buildings F and G TOTAL OF CHANGE ORDER #21 IS $90,794.00 Upon approval of this change order, total spending on project change orders would be at 31% of the contingency budget or 2% of the initial, total construction budget, which is well within budget and industry standards for a detention center of this complexity. The revised contract amount is $33,814,805.03. Analysis:This Change Order consists of five major items, each recommended as noted: 1. Replace VCT with polished and sealed concrete: ($29,416.59) Replace the VCT floor finish in 5 day rooms with polished concrete. 2. Replace exposed concrete with sealed concrete ($45,457.41) Replace exposed concrete with sealed concrete in the cells on the first floor of the Female Pod and on the second floor of the Female, Male and MMH Pods. 3. Changes the finish material from plastic laminate to stainless steel ($40,120.00) Changes the finish material from plastic laminate to stainless steel on the video visitation stations in all of the pods. 4. Gives a credit back to the Owner (-$24,200). Gives a credit back to the Owner for deleting the painting in the chase areas of Buildings F and G 5. Increased scope of work days: (62 days). This item adds 62 days to the Construction Contract schedule as allowed per Contract Documents because of increase of scope of work as required by the above items. Financial Impact: This Change Order will increase McKnight’s Construction Contract amount Cover Memo by $90,794.00. The Change Order will be funded by the project’s construction change order contingency, which retains ample funds for future, unforeseen changes. Alternatives:1. Approve Change Order No. 21 in the amount of $90,794.00 to the Construction Contract for the Webster Detention Center (WDC) Expansion. This Change Order also includes a contract time extension of 62 days for increase in scope of work with no extended overhead charges. The revised contract amount is $33,814,805.03. 2. Do not approve the Change Order. Recommendation:#1. Approve Change Order No. 21 in the amount of $90,794.00 to the Construction Contract for the Webster Detention Center (WDC) Expansion. This Change Order also includes a contract time extension of 62 days for increase in scope of work with no extended overhead charges. The revised contract amount is $33,814,805.03. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: Jail Expansion: GL – 325-05- 1130/206351101 GL - 325-05-1120/208251101 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 40 Attachment number 3Page 2 of 40 Attachment number 3Page 3 of 40 Attachment number 3Page 4 of 40 Attachment number 3Page 5 of 40 Attachment number 3Page 6 of 40 Attachment number 3Page 7 of 40 Attachment number 3Page 8 of 40 Attachment number 3Page 9 of 40 Attachment number 3Page 10 of 40 Attachment number 3Page 11 of 40 Attachment number 3Page 12 of 40 Attachment number 3Page 13 of 40 Attachment number 3Page 14 of 40 Attachment number 3Page 15 of 40 Attachment number 3Page 16 of 40 Attachment number 3Page 17 of 40 Attachment number 3Page 18 of 40 Attachment number 3Page 19 of 40 Attachment number 3Page 20 of 40 Attachment number 3Page 21 of 40 Attachment number 3Page 22 of 40 Attachment number 3Page 23 of 40 Attachment number 3Page 24 of 40 Attachment number 3Page 25 of 40 Attachment number 3Page 26 of 40 Attachment number 3Page 27 of 40 Attachment number 3Page 28 of 40 Attachment number 3Page 29 of 40 Attachment number 3Page 30 of 40 Attachment number 3Page 31 of 40 Attachment number 3Page 32 of 40 Attachment number 3Page 33 of 40 Attachment number 3Page 34 of 40 Attachment number 3Page 35 of 40 Attachment number 3Page 36 of 40 Attachment number 3Page 37 of 40 Attachment number 3Page 38 of 40 Attachment number 3Page 39 of 40 Attachment number 3Page 40 of 40 Commission Meeting Agenda 4/20/2010 5:00 PM Approve Judicial Center Change Order #15 Department:Public Services Department - Facilities Management Division Caption:Motion to approve Change Order #15 on the Augusta Judicial Center and John H. Ruffin Courthouse in the amount of $66,588.00 for unforeseen undercut work on sub-surface conditions on the west side of the Augusta Judicial Center site along 10th Street between Talcot & Fenwick Streets. (Approved by Engineering Services Committee April 12, 2010) Background:Graves Engineering services required removal of unsuitable materials from the parking & roadway area parallel to 10th Street. Area was undercut down to suitable soils and backfilled with select imported fill. Removal and backfill of soils was observed and documented by Graves Engineering as the Owner’s Geotechnical Engineer. Construction of the new Judicial Center Facility is located in an urban setting in an older city, thus knowledge of existing underground conditions was not possible to ascertain before actual construction activity on the site. Analysis:The proposed Change Order #15 and associated costs have been reviewed, recommended and signed off by Turner Associates Architects and Potts Construction per the contract requirements for acceptance by the Augusta Richmond County Commission. The items contained in the change order are all related to unknown and unforeseen underground conditions which have occurred at below grade conditions discovered during site grading and underground work. Financial Impact:The Change Order number total is $66,588.00 Revised contract amount to date will be $47,517,534.00 Alternatives:1. Approve Change Order #15 on the Augusta Judicial Center and John H Ruffin Courthouse in the amount of $66,588.00 for unforeseen undercut work on sub-surface conditions on the West side of the Augusta Judicial Center site along 10th Street between Talcot & Fenwick Streets . 2. Do not approve Change Order 15. Recommendation:Approve Change Order #15 on the Augusta Judicial Center and John H Ruffin Courthouse in the amount of $66,588.00 for unforeseen undercut work on sub-surface conditions on the West side of the Augusta Judicial Center site along 10th Street between Talcot & Fenwick Streets . Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN ACCOUNT: GL –325-05-1120; JL – 209251104 Object Code 5413130. Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 4/20/2010 5:00 PM Award an emergency contract to Atlantic Coast Consulting for the repair and upgrade to the gas collection and control system. Department:Solid Waste Caption:Motion to award an emergency contract to Atlantic Coast Consulting for the repair and upgrade to the gas collection and control system. (Approved by Engineering Services Committee April 12, 2010) Background: The Solid Waste Facility currently operates a Gas Collection and Control System (GCCS) in accordance with requirements set forth by the Georgia EPD, and the EPA. The GCCS was first installed in 1996 when Augusta was having issues with methane gas migration on the landfill property. Because of the amount of trash that was in place at the facility, Augusta reached what is called “Title V status” and was required to install some sort of collection system for the landfill gas. Landfill gas is comprised mostly of methane, but it also contains carbon dioxide – both of which are greenhouse gases and are harmful to the environment and dangerous if not collected and controlled appropriately. As Augusta was not well suited to deal with gas, it contracted out the gas system to a company named, LandGas of Georgia. In that deal, Augusta gave away the rights to the gas, and LandGas was to provide environmental compliance for Augusta. In 2005, Augusta initiated proceedings to get LandGas to perform its services in compliance with Title V standards. To no avail, Augusta purchased the GCCS system and all gas rights back from LandGas in January of 2008. Augusta has been working with the EPD on the environmental issues since 2004. The GCCS is comprised of three basic components – the extraction points or “wells”; the gas compression station, and the flare. Between 1996 and 2009, 87 landfill gas extraction points have been installed in five landfill cells. The wells are of varying depths depending on the depth of the trash in that particular area of the landfill. The wells are all linked together by underground piping and connected to the gas compression station. The compression station has two large compressors and one small blower. These components provide constant vacuum on the wells which removes the gas from the landfill and pushes it either through a pipeline to the Unimin Corporation for use in their processes or to the flare where it is burned. In order to maintain compliance with the permit issued by EPD, the system must operate constantly. Since Augusta purchased the GCCS in 2008, it has taken steps to improve environmental compliance. Augusta has installed 49 extraction points, 4 condensate sumps, and over 14,000 feet of piping. Augusta worked to contract CH2M Hill to perform engineering services on the system to provide a plan for additional corrections. Due to contract negotiations, this work never occurred. Augusta entered into a consent order with the EPD on February 15, 2010. Within that order, compliance actions and a timeline were established. Under item 2 of the order, Augusta must install a new blower, flare and flow meter to be considered in compliance with the New Cover Memo Source Performance Standards (NSPS) of the Clean Air Act by September 14, 2010. Should Augusta not meet the specified timeline, additional fines and penalties will be assessed. Analysis:Atlantic Coast Consulting (ACC) currently has a Stand-by Engineering contract with Augusta. The firm has a vast knowledge of the existing infrastructure at the landfill; plus, ACC designed the gas system expansion and provided construction quality assurance on all of the gas system improvements made since Augusta took over the system in 2005. Further, under the Stand-by Engineering contract, ACC has initiated key tasks involved in the design of the new gas collection and control system. Therefore, to eliminate the learning curve of another firm, and knowing that ACC has the expertise to provide the design and construction quality assurance services; it is recommended that ACC provide those services. Financial Impact:Augusta estimates that this piece of the project will cost $1,250,000. This money must be bonded to cover the costs of the project. Alternatives:1. Award an emergency contract to Atlantic Coast Consulting for the repair and upgrade to the gas collection and control system. 2. Do not award the contract and jeopardize Augusta's ability to meet the deadlines designated in the consent order. Recommendation:Alternative 1. Funds are Available in the Following Accounts: We are requesting approval to bond the project under a separate agenda item. That agenda item must be approved, or an alternate source of funding identified. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 4/20/2010 5:00 PM Award an emergency contract to Dabbs-Williams General Contractors for the construction/construction management of the gas collection and control system. Department:Solid Waste Caption:Motion to award an emergency contract to Dabbs-Williams General Contractors for the construction/construction management of the gas collection and control system. (Approved by Engineering Services Committee April 12, 2010) Background: The Solid Waste Facility currently operates a Gas Collection and Control System (GCCS) in accordance with requirements set forth by the Georgia EPD, and the EPA. The GCCS was first installed in 1996 when Augusta was having issues with methane gas migration on the landfill property. Because of the amount of trash that was in place at the facility, Augusta reached what is called “Title V status” and was required to install some sort of collection system for the landfill gas. Landfill gas is comprised mostly of methane, but it also contains carbon dioxide – both of which are greenhouse gases and are harmful to the environment and dangerous if not collected and controlled appropriately. As Augusta was not well suited to deal with gas, it contracted out the gas system to a company named, LandGas of Georgia. In that deal, Augusta gave away the rights to the gas, and LandGas was to provide environmental compliance for Augusta. In 2005, Augusta initiated proceedings to get LandGas to perform its services in compliance with Title V standards. To no avail, Augusta purchased the GCCS system and all gas rights back from LandGas in January of 2008. Augusta has been working with the EPD on the environmental issues since 2004. The GCCS is comprised of three basic components – the extraction points or “wells”; the gas compression station, and the flare. Between 1996 and 2009, 87 landfill gas extraction points have been installed in five landfill cells. The wells are of varying depths depending on the depth of the trash in that particular area of the landfill. The wells are all linked together by underground piping and connected to the gas compression station. The compression station has two large compressors and one small blower. These components provide constant vacuum on the wells which removes the gas from the landfill and pushes it either through a pipeline to the Unimin Corporation for use in their processes or to the flare where it is burned. In order to maintain compliance with the permit issued by EPD, the system must operate constantly. Since Augusta purchased the GCCS in 2008, it has taken steps to improve environmental compliance. Augusta has installed 49 extraction points, 4 condensate sumps, and over 14,000 feet of piping. Augusta worked to contract CH2M Hill to perform engineering services on the system to provide a plan for additional corrections. Due to contract negotiations, this work never occurred. Augusta entered into a consent order with the EPD on Febuary 15, 2010. Within that order, compliance actions and timeline were established. Under item 2 of the order, Augusta must install a new Cover Memo blower, flare and flow meter so that it complies with NSPS by September 14, 2010. Should Augusta not meet its timeline, additional fines and penalties will be assessed. Analysis:Dabbs-Williams General Contractors is currently under contract with the Solid Waste Department to construct its maintenance facility. Dabbs- Williams has provided construction management services and construction activities of the highest quality. Given the short time allowed to complete the project, we believe that a construction management approach with a true general contractor is the best approach in order to receive the best product and the most efficient use of dollars. The general contractor acting as a construction manager will be able to bid work to multiple companies to insure that Augusta is getting a competitive price for the services performed. The solid waste department is recommending installing some additional equipment is addition to the blower, flare and flow meter. These additional items all work to improve our environmental impact at the landfill. The additional items fix current issues and eliminate potential future problems that Augusta has with its GCCS. Therefore, we recommend installing new compressor systems with dehydration, a power generator, well field isolation piping, additional gas wells, system automation, and some repairs to the pipeline that feeds the mine. Financial Impact:Augusta estimates that this piece of the project will cost $7,750,000. Alternatives:1. Award an emergency contract to Dabbs-Williams for the construction/construction management of the gas collection and control system. 2. Do not award the contract Recommendation:Alternative 1. Funds are Available in the Following Accounts: Augusta estimates that this piece of the project will cost $7,750,000. This money must be bonded to cover the costs of the project. We are requesting approval to bond the project under a separate agenda item. That agenda item must be approved, or an alternate source of funding identified. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 4/20/2010 5:00 PM Elderberry, Section III Subdivision Dedication Department:Engineering-Abie L. Ladson, PE, CPESC Caption:Motion to approve the deed of dedication, maintenance agreement, and road resolutions submitted by the Engineering Department for Elderberry, Section III. (Approved by Engineering Services Committee April 12, 2010) Background:The final plat was approved by the Commission on November 8, 2007 . The subdivision design and plat, including the storm drain system, have been reviewed and accepted by our engineering staff and the construction has been reviewed by our inspectors. Analysis:This section meets all codes, ordinances and standards. There are no wetlands or 100-year flood plain boundaries involved in this section. Financial Impact:By accepting these roads into the County system and after the 18-month maintenance warranty by the developer/contractor has expired, all future maintenance and associated costs will be borne by Augusta, Georgia. Alternatives:1. Approve the deed of dedication, maintenance agreement, and road resolutions submitted by the Engineering Department for Elderberry, Section III. 2. Do not approve and risk litigation. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Not required at this time. 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 3 Attachment number 3Page 2 of 3 Attachment number 3Page 3 of 3 Attachment number 4Page 1 of 2 Attachment number 4Page 2 of 2 Commission Meeting Agenda 4/20/2010 5:00 PM Georgia Power Easement for New Judicial Center Department:Engineering-Abie L. Ladson, PE, CPESC Caption:Motion to approve granting Georgia Power an easement for their underground utilities to provide electrical service to the new Judicial Center and have the agreement executed by the appropriate City of Augusta official (s). (Approved by Engineering Services Commmittee April 12, 2010) Background:The Judicial Center is a new facility that is being built and electrical service will be necessary to operate this facility. Georgia Power has requested an easement for the underground utilities to service this facility. Analysis:This easement will allow Georgia Power to provide electrical service to the new Judicial Center and also allow Georgia Power Company to be able to maintain this service. Financial Impact:There will be no financial impact to Augusta Richmond County. Alternatives:1) Approve granting Georgia Power an easement for their underground utilities to provide electrical service to the new Judicial Center and have the agreement executed by the appropriate City of Augusta official(s). 2) Do not approve and deny electrical service to the new Judicial Center. Recommendation:Approve Alternative Number One 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 3 Attachment number 1Page 2 of 3 Attachment number 1Page 3 of 3 Commission Meeting Agenda 4/20/2010 5:00 PM Goodrich St. Raw Water Pumping Station Department:Utilities Caption:Motion to authorize execution of Change Order # 1 in an amount not to exceed $127,000.00 to Hagler Systems for additional work on the Goodrich Street Raw Water Pumping Station contract. (Approved by Engineering Services Committee April 12, 2010) Background:The Augusta Commission authorized Hagler Systems to provide services on the Goodrich St. Raw Water Pumping Station Improvements Project as the Mechanical Equipment Integrator on the project. The project includes adding two large diesel driven pumps and a future electric pump at the Raw Water Pumping Station. These diesel and electric pumps will have the capability of pumping raw water from either the Augusta Canal or the Savannah River. Due to the specialized nature of the work required and the critical nature of equipment, the mechanical equipment integrator was necessary for this project. Analysis:The additional work required included specialized sole plates for the pump connection to withstand pressures when pumping from the Augusta Canal. Also the heat exchangers for the cooling system for the diesel engines had to be installed to meet temperature requirements. Financial Impact:Funds for the project are included in the 2002 Bond Issue, under account number 510043410-5425110/80110250-5425110. Alternatives:No alternatives are recommended. Recommendation:We recommend the Commission authorize execution of Change Order #1 with Hagler Systems for additional work as the Mechanical Equipment Integrator for the Goodrich St. Raw Water Pumping Station Improvements in the amount not to exceed $127,000.00. Funds are Available in the Following Accounts: 510043410-5425110 80110250-5425110 REVIEWED AND APPROVED BY: Finance. Cover Memo Procurement. Law. Administrator. Clerk of Commission Cover Memo Change Order Number: 1 Date: March 8, 2010 Project Title: Original Contract Date: Nov. 27, 2008 Project Number: Owner: P.O. Number: P157539 Contractor: Hagler Systems The following change order is hereby made to the proposal for the above project: This change includes modifications to cooling systems for diesel engines and specialized sole plates for pumps. (See attachment for detailed description.) TOTAL AMOUNT OF THIS CHANGE ORDER $127,000.00 The Contract time will be Increased/Decreased by 0 calendar days as a result of this change. The date of completion including this change order is . Original Contract Amount $410,809.00 Previous Change Order (Increased / Decreased) $ -0- This Change Order (Increased / Decreased) $ 127,000.00 TOTAL CONTRACT WITH CHANGE ORDER(S) $537,809.00 * * * * * * * * * * * * * Funding Source/Account Number: 510043410-5425110/80110250-5425110 Requested By: Date: Engineer Submitted By: Date: Department Head Finance Endorsement: Date: Comptroller Recommended By: Date: Administrator Approved By: Date: Mayor Accepted By: Date: Contractor Attachment number 1Page 1 of 1 REVISION REV. DESCRIPTION DATE APPROVED RELEASED: 10-OCT-2008 LID PROVIDED FOR SPARE PUMP A 26" 2" 1" 31 1/2" CLEARANCE FOR PUMP 37.020 6" 0702045-273 --- 3 BLH UNLESS OTHERWISE SPECIFIED: 9-OCT-2008DRAWN ---REF: Friday, October 10, 2008 10:29:08 AM CHECKED DOCUMENT VERSION DATE:PO BOX 7007 Fax: 803.278.2729 9-OCT-2008 D C B AA B C D 12 DETAIL BREAK ALL SHARP EDGES .062 THIS DRAWING IS THE SOLE PROPERTY North Augusta, SC 29860 SCALE: 1:8 THE INFORMATION CONTAINED IN WHOLE WITHOUT THE WRITTEN IS PROHIBITED. PROPRIETARY AND CONFIDENTIAL DATE NAME SHEET SIZE B DWG NO. Document File Name: BLH REV SHEET 1 OF 1PERMISSION OF HAGLER SYSTEMS, INC www.haglersystems.com 7 4 OF HAGLER SYSTEMS, INC. ANY PROPOSED SOLE PLATE ARRANGMENT SURFACE FINISH 250 6 3 REPRODUCTION IN PART OR AS A 5 12 8 46857 ALL DIMENSIONS ARE IN INCHES TOLERANCES: FRACTIONAL 1/32" ANGULAR: MACH 1/2 BEND RADII 0.062" DECIMALS .X 0.031 .XX 0.010 .XXX 0.002 FILLETS & ROUNDS .062 Phone: 803.278.2728 0702045-273 Sole Plate Gland Assy 2" OF COMPRESSION 36" PIPE 3/4" Wall GLAND 36" ID X 1" WITH 3/8" HOLE NEOPRENE 65 DUROMETER CUSTOM WASHER COTTER PIN ZINC COUPLING NUT & THREADED ROD WELDED TO PIPE ZINC 3/4" NUT ZINC SCALE 1 : 4 DETAIL A 3/4" JAM NUT ZINC O-RING GROOVE O-RING 125 2" Attachment number 2Page 1 of 1 DATE C D 12 B 35786 8 6 5 4 3 27 THE INFORMATION CONTAINED IN Document File Name: REV REPRODUCTION IN PART OR AS A SCALE: 1:12BREAK ALL SHARP EDGES .062 --- A C SURFACE FINISH 250 THIS DRAWING IS THE SOLE PROPERTY A B IS PROHIBITED. PROPRIETARY AND CONFIDENTIAL SHEET SIZE B DRAWN Fax: 803.278.2729 DWG NO. SHEET 1 OF 1 Engine Cooling Water Flow Control www.haglersystems.com WHOLE WITHOUT THE WRITTEN 1 PERMISSION OF HAGLER SYSTEMS, INC 4 BLH 0702045-508OF HAGLER SYSTEMS, INC. ANY BLH North Augusta, SC 29860 27-FEB-09 Overview D UNLESS OTHERWISE SPECIFIED: 27-FEB-09 ---REF: PO BOX 7007DOCUMENT VERSION DATE: NAME CHECKED Friday, February 27, 2009 2:34:51 PM ALL DIMENSIONS ARE IN INCHES TOLERANCES: FRACTIONAL 1/32" ANGULAR: MACH 1/2 BEND RADII 0.062" DECIMALS .X 0.031 .XX 0.010 .XXX 0.002 FILLETS & ROUNDS .062 Phone: 803.278.2728 0702045-508 Extras Heat Exchanger Flow Control REVISION REV. DESCRIPTION DATE APPROVED RELEASED: 27-FEB-09 Total Price Per Unit $35,371 Total Price (2) Units $70,742 6" Strainer $3,291 $5,369 Pressure Switch $527 Mounting Frame Clay Valve 10 gpm Flow Control $2,263 $1,894 $3,577 Pressure Transducer for Strainer Shop Assembly Clay Valve 80 gpm $1,800 60 $/hr @ 123hrs = $7,380 Flow Control Clay Valve 285 gpm Flow Control Engineering Design 98 hrs @ $125 /2 = $ 6,125 Pipe Fittings & Hardware $3,145 Attachment number 3Page 1 of 1 8 7 6 1 4 3 2 1 THE INFORMATION CONTAINED IN REPRODUCTION IN PART OR AS A BREAK ALL SHARP EDGES .062 Overview 0702045-509 --- BLH BLH UNLESS OTHERWISE SPECIFIED: 27-FEB-09 27-FEB-09DRAWN REF:--- Friday, February 27, 2009 3:20:30 PM CHECKED DOCUMENT VERSION DATE: 8 7 North Augusta, SC 29860 SURFACE FINISH 250 5 2 WHOLE WITHOUT THE WRITTEN IS PROHIBITED. PROPRIETARY AND CONFIDENTIAL DATE NAME SHEET SIZE B DWG NO.REV SHEET 1 OF 1 Reconfiguring Heat Exchangers - Lower Flow B PERMISSION OF HAGLER SYSTEMS, INC SCALE: 1:16 AFax: 803.278.2729 OF HAGLER SYSTEMS, INC. ANY C THIS DRAWING IS THE SOLE PROPERTY D PO BOX 7007 4 Document File Name: 36 A C D B www.haglersystems.com 5 ALL DIMENSIONS ARE IN INCHES TOLERANCES: FRACTIONAL 1/32" ANGULAR: MACH 1/2 BEND RADII 0.062" DECIMALS .X 0.031 .XX 0.010 .XXX 0.002 FILLETS & ROUNDS .062 Phone: 803.278.2728 0702045-509 Extras Heat Exchanger Rack Mounting Frame $1,638 Assembly 48hrs @ 60 $/hr = $2,880 Pressure Transducers (4) $3,580 Engineering - Reconfiguring For Lower Flow Rate 60 hrs @ 125 $/hr / 2 = $3,750 each Pipe, Fittings & Hardware $3,467 RELEASED: 27-FEB-09 REVISION REV. DESCRIPTION DATE APPROVED Total Price Per Unit $15,315 Total Price (2) Untis $30,630 Attachment number 4Page 1 of 1 Commission Meeting Agenda 4/20/2010 5:00 PM GPC GEA 31201 and MEAG GEA 31202 Department:Augusta Utilities Department Caption:Motion to approve Georgia Power Company Governmental Encroachment Agreement 31201 and Municipal Electric Authority of Georgia Governmental Encroachment Agreement 31202. (Approved by Engineering Services Committee April 12, 2010) Background:The Augusta Utilities Department is planning construction of a wastewater force main to Fort Gordon. The pipeline route will cross a right-of-way belonging to the Georgia Power Company and the Municipal Electric Authority of Georgia. Analysis:GEA 31201 and GEA 31202 are the normal and usual agreements signed, when crossing GPC and MEAG rights-of-way. Financial Impact:None Alternatives:Dissaprove motion to approve Georgia Power Company Governmental Encroachment Agreement 31201 and Muncipal Electric Authority of Georgia Governmental Encroachment Agreement 31202. Recommendation:Approve motion to approve Georgia Power Company Governmental Encroachment Agreement 31201 and Muncipal Electric Authority of Georgia Governmental Encroachment Agreement 31202. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 6 Attachment number 1Page 2 of 6 Attachment number 1Page 3 of 6 Attachment number 1Page 4 of 6 Attachment number 1Page 5 of 6 Attachment number 1Page 6 of 6 Commission Meeting Agenda 4/20/2010 5:00 PM Motion to authorize condemnation to acquire 7,531 sq. ft. of permanent easement and 3,796 square feet of temporary easement of 4112 Deans Bridge Road - PIN: 150-0-001-07-0. Department:Law Caption:Motion to authorize condemnation to acquire 7,531 sq. ft. of permanent easement and 3,796 square feet of temporary easement of 4112 Deans Bridge Road - PIN: 150-0-001-07-0. (Approved by Engineering Services Commmittee April 12, 2010) Background:The City has been unable to reach an agreement with the property owner. In order to proceed and avoid further delays, it is necessary to condemn the subject property and purchase the real properties. The appraised value for the properties is $1,078.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT:_______ G/L 507043410-5212115 J/L 88880068-5212115 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 4/20/2010 5:00 PM Newman Tennis Center Georgia Power Easement Department:Engineering-Abie L. Ladson, PE, CPESC, Director Caption:Motion to approve granting Georgia Power an easement for their underground utilities to provide electrical service to the Newman Tennis Center and have the agreement executed by the appropriate City of Augusta official(s). (Approved by Engineering Services Committee April 12, 2010) Background:This easement is for new lighting on tennis courts at the Newman Tennis Center, and electrical service will be necessary to operate this facility. Georgia Power has requested an easement for the underground utilities to service this facility. Analysis:This easement will allow Georgia Power to provide electrical service to the Newman Tennis Center and also allow Georgia Power Company to be able to maintain this service. Financial Impact:There will be no financial impact to Augusta Richmond County. Alternatives:1) Approve granting Georgia Power an easement for their underground utilities to provide electrical service to the Newman Tennis Center and have the agreement executed by the appropriate City of Augusta official(s). 2) Do not approve and deny electrical service to the Newman Tennis Center. Recommendation:Approve Alternative Number One Funds are Available in the Following Accounts: No funds necessary 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 4/20/2010 5:00 PM Property Condemnation –Permanent and Temporary Easements Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of the properties for permanent and temporary easements for the 10156 Gordon Highway 16 Inch Water Main Project, PIN: 080-0-001-12-0 & 080-0-001- 13-0. (Approved by Engineering Services Committee April 12, 2010) Background:The City has been unable to reach an agreement with the owners. In order to proceed and avoid further delays, it is necessary to condemn a portion of subject properties. The required properties consisting of a permanent easement of 987 sq. ft. for 080-0-001-12-0 and a permanent easement of 1429 sq. ft. and temporary easement of 494 sq. ft. for 080-0-001-13-0. The appraised value for both properties is $1,131.00. Analysis:Condemnation is necessary in order to acquire the required properties. 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: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT:_______ G/L 510043410-5411120 J/L 80310156-5411120 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 4/20/2010 5:00 PM Protest of Parsons - RFQ 10-100 Department:Clerk of Commission Caption:Motion to deny the appeal of Parsons Water Infrastructure, Inc. on RFQ 10- 100, verify that an exception has not been made in the past, and continue the procurement process for this project. (Approved by Engineering Services Committee April 12, 2010) 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 4/20/2010 5:00 PM Street Lighting Resolution Department:Abie Ladson, Director Caption:Motion to approve a resolution creating street lighting districts. (Approved by Engineering Services Committee April 12, 2010) Background:The Engineering Department has been petitioned by the citizens requesting street lighting in their neighborhood pursuant to a 1971 Commission Resolution authorizing the creating of Street Lighting Districts. The petitioners agree to pay for all costs associated with the installation, ongoing maintenance and energy. Analysis:Currently, street lighting is non-existing in these areas. Street lighting has been an effective measure to increase pedestrian and vehicular safety, assist in crime prevention, and to promote businesses and community pride. Financial Impact:Street Lighting Districts are funded by a self supporting fund. Street Lighting charges vary based on the type lighting requested or required, billable front footage, and light wattage and spacing. Costs for the subject districts follow: 335 Southhampton $0.95/Ft Alternatives:Recommend approval of resolution creating street lighting districts. Recommendation:Recommed approval Funds are Available in the Following Accounts: 2760416105233111/Legal Advertising REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 4/20/2010 5:00 PM Wrightsboro Road Improvements-CPB Number Twelve and Supplemental Agreement Eleven Department:Engineering Caption:Motion to authorize the Engineering Department to approve CPB Number Twelve andSupplemental Agreement Eleven with PBS & J in the amount of $116,907 to finalize the design of the Barton Chapel Road realignment; update the plans in accordance with revised guidelines from GDOT, US Army Corps of Engineers, and EPD; database revisions to incorporate the changes to 14 parcels that have redeveloped; andextensive coordination with the GDOT R/W Office during the negotiations of parcels as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I- 520, ARC# 323-041110-296823309. Funds will be transferred from the project Right of Way Account to the project Engineering Account. (Approved by Engineering Services Committee April 12, 2010) Background:This is a Georgia Department of Transportation (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 preliminaryengineering activities and hired PBS & J to accomplish these activities. GDOT is funding the right of way acquisition ($8.9 million) and the construction ($17.6 million). Analysis:PBS & J entered into an agreement with Augusta-Richmond County on October 19, 1999 for engineering and design services on the Wrightsboro Road project. GDOT approved for Barton Chapel Road to be realigned to create a 4-legged intersection at Augusta West Parkway and instructed PBS & J to revise the plans up to the level of preliminary field plan review status. The Value Engineering process and the Public Information Open House meeting have been completed. PBS & J was given the Notice to Proceed on February 19, 2010 to finalize the design of this 4-legged intersection. The cost of this effort is $63,402. In 2007 the US Army Corps of Engineers revised the conditions for the Nationwide Permit. Drainage calculations will have to be revised on three (3) box culverts and the design will have to be revised to comply with the updated regulations. The cost of this effort is $5,183. In 2008 the Georgia NPDES Permit was revised which changed the design criteria for NPDES plans. In 2009 regulations to certain impaired streams went into effect which added even more requirements to the NPDES plans. The cost to incorporate these revisions is $8,844. Fourteen (14) parcels have been redeveloped or have experienced extensive changes since the original database was completed. The cost to gather the additional survey information and update the database is $21,591. The final traffic signal, signing and marking plans will have to be updated in accordance with the MUTCD, 2009 edition, revised GDOT guidelines and ADA requirements. This includes changes for pedestrian signals, additional signal heads, changes to guidelines for street signs and wheel chair ramp design. Cover Memo The cost of this effort is $6,907. Coordination with the GDOT R/W Office to settle two (2) parcels has been more extensive than anticipated. One parcel was allowed to develop without coordination with the design of this project. An oversized U-turn has been designed to accommodate truck turning movements for another parcel to minimize damages this parcel is incurring. Both of these efforts have required extensive coordination with the R/W Cost to Cure expert and redesign work. The cost of this effort is $3,980. Street lighting will be included as part of the safety features for this corridor and the photometric analysis for the lighting design was approved. GDOT is now requiring additional veiling luminance calculations which were not included in the original scope of work for street lighting design. The cost of this effort is $7,000. Financial Impact:PBS & J has proposed a cost of $116,907. Alternatives:1) Authorize the Engineering Department to approve CPB Change Number Twelve and Supplemental Agreement Eleven with PBS & J in the amount of $116,907 to finalize the design of the Barton Chapel Road realignment; update the plans in accordance with revised guidelines from GDOT, US Army Corps of Engineers, and EPD; database revisions to incorporate the changes to 14 parcels that have redeveloped; and extensive coordination with the GDOT R/W Office during the negotiations of parcels as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520, ARC# 323-041110-296823309. Funds will be transferred from the project Right of Way Account to the project Engineering Account. 2) Do not approve and delay the construction and improvements on a major transportation corridor that is vital to the city. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 323-041110-5411120 & 296823309-5411120 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 amended: Section 1: The project change is authorized to CPB# 323-04-296823309 Supplemental. Agreement Number Eleven. This change is to finalize the design of Barton Chapel Road realigment; update the plans in accordance with the revised guidelines from from GDOT, US Army Corps of Engineers, and EPD; database revisions to incorporate the changes to 14 parcels that have redeveloped; and extensive coordination with the GDOT R/W office during negotiations of parcels as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520 in the total amount of $116,907 to be funded by the project Right-of-Way account within the SPLOST, Phase Three Fund. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase III 1,984,000$ 1,984,000$ Section 3: The following amounts are appropriated for the project: By Basin By District Raes Creek $1,984,000 3rd 1,984,000$ CAPITAL PROJECT BUDGET WRIGHTSBORO ROAD IMPROVEMENTS CHANGE NUMBER TWELVE CPB#323-041110-296823309 Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for er er er execution. For information reference this request contact xecution. For information reference this request contact xecution. For information reference this request contact xecution. For information reference this request contact engineering at ext 5070. Thanks engineering at ext 5070. Thanks engineering at ext 5070. Thanks engineering at ext 5070. Thanks Raes Creek $1,984,000 3rd 1,984,000$ 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 Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for er er er execution. For information reference this request contact xecution. For information reference this request contact xecution. For information reference this request contact xecution. For information reference this request contact engineering at ext 5070. Thanks engineering at ext 5070. Thanks engineering at ext 5070. Thanks engineering at ext 5070. Thanks 3.13.09 Attachment number 1Page 1 of 2 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET WRIGHTSBORO ROAD IMPROVEMENTS CHANGE NUMBER TWELVE CPB#323-041110-296823309 CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPECIAL 1% SALES TAX, PHASE III 323-04-1110-6011110-296823309 ($1,984,000) $0 ($1,984,000) TOTAL SOURCES: ($1,984,000) $0 ($1,984,000) USE OF FUNDS ENGINEERING 323-04-1110-5212115-296823309 $1,337,074 $116,907 $1,453,981 ADVERTISING 323-04-1110-5233119-296823309 $1,000 $0 $1,000 RIGHT-OF-WAY 323-04-1110-5411120/296823309 $162,926 ($116,907)$46,019 CONTINGENCY 323-04-1110-6011110/296823309 $43,000 $0 $43,000 TRAFFIC SIGNALTRAFFIC SIGNAL 323-04-1110-5414610/296823309 $40,000 $0 $40,000 UTILITY RELOCATION 323-04-1110-5414510/296823309 $400,000 $0 $400,000 TOTAL USES: $1,984,000 $0 $1,984,000 3.13.09 Attachment number 1Page 2 of 2 (SA11 – For changes greater than $20,000) March 2010 AUGUSTA-RICHMOND COUNTY AUGUSTA, GA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT Augusta Richmond County Project Number(s): 323-04-296823309 GDOT Number: PI 250510 Supplemental Agreement Number: 11 Purchase Order Number: 04471 WHEREAS, We, PBS & J, Consultant, entered into a contract with Augusta-Richmond County on October 19, 1999, for engineering design services associated with the Wrightsboro Road Improvements from Jimmie Dyess Parkway to I-520, GDOT Project No. STP-7001 (9), 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: Finalize the design of Barton Chapel Road realignment; update the plans in accordance with the revised guidelines from GDOT, US Army Corps of Engineers, and EPD; database revisions to incorporate the changes to 14 parcels that have redeveloped; and extensive coordination with the GDOT R/W office during the negotiations of parcels as part of the improvements to Wrightsboro Road from Jimmie Dyess Parkway to I-520. It is agreed that as a result of the above described modification the contract amount is increased by $116,907 from $1,336,914.37 to a new total of $1,453,821.37. 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, PBS & J, 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 , 2010. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Honorable Deke Copenhaver, 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 the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For r execution. For r execution. For r execution. For information reference this request contact engineeinformation reference this request contact engineeinformation reference this request contact engineeinformation reference this request contact engineering at ext 5070. Thanks ring at ext 5070. Thanks ring at ext 5070. Thanks ring at ext 5070. Thanks Attachment number 2Page 1 of 1 Commission Meeting Agenda 4/20/2010 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held on April 1, 2010. 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 4/20/2010 5:00 PM Affidavit Department:Clerk of Commission 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