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HomeMy WebLinkAbout2012-11-08-Meeting Agenda Commission Meeting Agenda Commission Chamber 11/8/2012 5:00 PM INVOCATION: Reverend Robert Fain, Pastor Church of the Good Shepard. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Community Champion Award A. Presentation to investors in the Augusta Housing & Community Development Department's New Homebuyer's Revitalization Initiative. (Requested by Commissioner Alvin Mason) Attachments United States 2012 Olympic and Paralympic Games B. Messrs. George Kitchens and Lantz Lamback. (Requested by Mayor Pro Tem Joe Bowles) Attachments Five (5) minute time limit per delegation DELEGATIONS C. Dr. Lori Myles regarding South Augusta Bus Transportation. Attachments D. Mr. Gary Swint RE: Introduction of the Director of the Augusta- Richmond County Library. Attachments E. Presentation from the Augusta Salvation Army. (Requested by Commissioner Corey Johnson) Attachments CONSENT AGENDA (Items 1-18) PUBLIC SERVICES 1. Motion to approve New Ownership Application: A. N. 12 - 41: request by Prashant J. Pandey for a retail package Beer & Wine license to be used in connection with Chevron Food Mart located at 202 E. Boundary St, Suite B. District 1. Super District 9. (Approved by Public Services Committee October 29, 2012) Attachments 2. Motion to approve New Application: A. N. 12 - 42: request by Amarjit Kaur for a retail package Beer & Wine license to be used in connection with AM PM Convenience Store located at 2262 Rosier Rd. District 6. Super District 10. (Approved by Public Services Committee October 29, 2012) Attachments 3. Motion to approve an operating budget for the Augusta Municipal Golf Course that will address anticipated operational expenses for the last quarter of FY 2012. (Approved by Public Services Committee October 29, 2012) Attachments 4. Motion to approve the full service project management and support of HEERY for Augusta Public Transit’s RFP-11-138 Architectural and Engineering Design for a Transit Operation and Maintenance Facility for Augusta, Georgia. (Approved by Public Services Committee October 29, 2012) Attachments 5. Motion to provide authorization to Turner Construction Company to award Bid Package #1, in the amount of $206,131.00, which provides the Cooling Tower and Boiler for the Augusta, Georgia Municipal Building Renovations and Modernization. (Approved by Public Services Committee October 29, 2012) Attachments 6. Motion to approve Change Order #1 to Blair Construction, Inc. in the amount of $80,102.30 for the outdoor basketball complex at Diamond Lakes Regional Park. (Approved by Public Services Committee October 29, 2012) Attachments PUBLIC SAFETY 7. Motion to approve acceptance of grant award to the Richmond County State Court Accountability Court Programs in the amount of $26,200 for the period of 10/1/12 - 9/30/13. (Approved by Public Safety Committee October 29, 2012) Attachments 8. Motion to appoint an ad hoc traffic committee to study the most likely streets and corridors where the use of Light Transportation Vehicles (LTVs), such as golf carts, would be reasonably safe to operate (provided adequate signage and separate lanes where appropriate) and where using them would be consistent with the traffic and planning needs. The ad hoc committee will be comprised of Traffic Engineer (or representative), Administrator (or representative), Sheriff (or representative), Director of Planning and Development (or representative), General Counsel (or representative), representative from the Convention & Visitors Bureau, E-Z-Go Company, Greenway Alliance, a student from a local university and a handicapped person from Richmond County. (Approved by Public Safety Committee October 29, 2012) Attachments FINANCE 9. Motion to approve using the previously allocated $100,000 for improving the old Augusta Metro Chamber of Commerce Building on Broad Street. (Approved by Finance Committee October 29, 2012) Attachments 10. Motion to approve of budget increase to include revenue and expenses for the GA MPO Conference to be held on November 29-30, 2012. (Approved by Finance Committee October 29, 2012) Attachments 11. Motion to approve increasing the Disadvantaged Business Enterprise Department expenditure level, funding source will be provided by contributions from 5th Annual Business Expo Platinum Sponsors. (Approved by Finance & Administrative Services Committees October 29, 2012) Attachments 12. Motion to approve transfer of funds to cover Worker’s Compensation claims through the end of 2012. (Approved by Finance Committee Attachments October 29, 2012) ENGINEERING SERVICES 13. Motion to provide approval for Cranston Engineering Group to perform several tasks relating to the Augusta Canal, license requirements of the FERC and overall safety and security of the Augusta Canal first level. (Approved by Engineering Services Committee October 29, 2012) Attachments 14. Motion to approve Roadway Lighting Agreement with the Georgia Department of Transportation along State Route 4 between Government Road and Milledgeville Road as requested by Traffic Engineering. (Approved by Engineering Services Committee October 29, 2012) Attachments 15. Motion to approve award of Construction Contract to MABUS Brothers Construction Co., Inc. in the amount of $235,191.53 for Marvin Griffin Road Improvement Project – PHASE I subject to receipt of signed contracts and proper bonds. (Approved by Engineering Services Committee October 29, 2012) Attachments 16. Motion to approve the awarding of low bid #12-189 in the amount of $88,138. To General Electric Co. (GEXPRO) for street light poles and fixtures for replacements/repairs in the Augusta Richmond County Urban areas for a period of one year. The funds are available in the Street Lighting budget account No. 2760416105311640. (Approved by Engineering Services Committee October 29, 2012) Attachments PETITIONS AND COMMUNICATIONS 17. Motion to approve the minutes of the regular meeting of the Commission held October 16 and Special Called Meeting held October 22 & 29, 2012. Attachments APPOINTMENT(S) 18. Motion to approve the appointment of Mr. Randy Wishard to the Augusta Animal Control Board representing District 2. Attachments Upcoming Meetings www.augustaga.gov ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/8/2012 AUGUSTA COMMISSION REGULAR AGENDA 11/8/2012 (Items 19-21) FINANCE 19. Discuss creation of Tax Allocation District 4. (No recommendation from Finance Committee October 29, 2012) Attachments 20. Motion to approve TEE Center contracts (1) Amendment to Leases and Construction, Operating,and Reciprocal Easement Agreement (2) Agreement for Right of First Refusal (3)Assignment of TEE Center Management Agreement (4)TEE Center Catering Agreement (5) TEE Center Reciprocal Easement Agreement (6) DEED. (Referred from October 16 Commission meeting) Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 21. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 11/8/2012 5:00 PM Invocation Department: Caption:Reverend Robert Fain, Pastor Church of the Good Shepard. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Commission Meeting Agenda 11/8/2012 5:00 PM Community Champion Award Department: Caption:Presentation to investors in the Augusta Housing & Community Development Department's New Homebuyer's Revitalization Initiative. (Requested by Commissioner Alvin Mason) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Commission Meeting Agenda 11/8/2012 5:00 PM United States 2012 Olympic and Paralympic Games Department: Caption:Messrs. George Kitchens and Lantz Lamback. (Requested by Mayor Pro Tem Joe Bowles) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Attachment number 1 \nPage 1 of 1 Item # 3 Commission Meeting Agenda 11/8/2012 5:00 PM Dr. Lori Myles Department: Caption:Dr. Lori Myles regarding South Augusta Bus Transportation. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Attachment number 1 \nPage 1 of 2 Item # 4 Attachment number 1 \nPage 2 of 2 Item # 4 Commission Meeting Agenda 11/8/2012 5:00 PM Gary Swint Department: Caption:Mr. Gary Swint RE: Introduction of the Director of the Augusta- Richmond County Library. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 5 Commission Meeting Agenda 11/8/2012 5:00 PM Salvation Army Department: Caption:Presentation from the Augusta Salvation Army. (Requested by Commissioner Corey Johnson) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 6 Commission Meeting Agenda 11/8/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 12 - 41: request by Prashant J. Pandey for a retail package Beer & Wine license to be used in connection with Chevron Food Mart located at 202 E. Boundary St, Suite B. District 1. Super District 9. (Approved by Public Services Committee October 29, 2012) Background:This is a new ownership application. Formerly in the name of Miriam F. Rizvi. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $635.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 7 Attachment number 1 \nPage 1 of 2 Item # 7 Attachment number 1 \nPage 2 of 2 Item # 7 Commission Meeting Agenda 11/8/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Application: A. N. 12 - 42: request by Amarjit Kaur for a retail package Beer & Wine license to be used in connection with AM PM Convenience Store located at 2262 Rosier Rd. District 6. Super District 10. (Approved by Public Services Committee October 29, 2012) Background:This is a new application for a new location. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a pro-rated fee of $635.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 8 Attachment number 1 \nPage 1 of 2 Item # 8 Attachment number 1 \nPage 2 of 2 Item # 8 Commission Meeting Agenda 11/8/2012 5:00 PM Augusta Municipal Golf Course Operating Budget Department:Recreation, Parks and Facilities Caption:Motion to approve an operating budget for the Augusta Municipal Golf Course that will address anticipated operational expenses for the last quarter of FY 2012. (Approved by Public Services Committee October 29, 2012) Background:Due to the previous Lessee defaulting on their contract with Augusta, Georgia to lease the operations of the Augusta Municipal Golf Course (The Patch), the Department of Recreation, Parks and Facilities has assumed the day-to-day operations of The Patch. Currently in the 2012 budget assigned to the Department, there is no operating budget to manage this operation even on an interim basis. Analysis:The day to day management of the Municipal Golf Course operations is being provided internally by the Recreation, Parks and Facilities Department. During this interim operation, Augusta, Georgia is seeking Requests for Proposals for Professional Services for management operations at the Municipal Golf Course. The RFP submittals are due to the City of Augusta on October 5, 2012. Included in the RFP are three options for Augusta to evaluate, based upon proposals received. These options are for a 1. Management Contract, 2. Lease Contract, and for a 3. Purchase Agreement. Financial Impact:The proposed budget that the Department is recommending to operate on from October through December of 2012 is $49,869.00. The budget recommendations are presented with the least amount of financial impact to Augusta, Georgia while maintaining a safe operation for the patrons to enjoy this activity with reasonable expectations. Alternatives:1. To Approve an operating budget of $49,869.00 for the Department of Recreation, Parks and Facilities to manage the Augusta Municipal Golf Course, on an interim basis, through the last quarter of FY 2012. 2. Move no Action, thus requiring the Department to incur operating expenses above and beyond the Cover Memo Item # 9 approved funding level within the 2012 Department budget. Recommendation:1. To Approve an operating budget of $49,869.00 for the Recreation, Parks and Facilities Department to manage the operations of The Patch on an interim basis through the remaining calendar year. Funds are Available in the Following Accounts: TBD REVIEWED AND APPROVED BY: Cover Memo Item # 9 Augusta Golf Course 10/01/12 - 12/31/12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A B C Object Description Budget 5111110 Permanent Full-Time S&W Regular 13,277.00 5111210 Permanent Part-Time S&W Regular 9,792.00 5113110 Permanent Full-Time S&W Overtime 2,500.00 5222419 Other Lawn Care/Pesticides 0.00 5223112 R&M Equipment 750.00 5224213 Golf Carts/Equipment Rental 7,200.00 5232110 Telephone 850.00 5223119 Other Advertising 0.00 5236131 Credit Card Service Charge 0.00 5311110 General Supplies and Materials 1,000.00 5311111 General Office Supplies 0.00 5311112 Cleaning Supplies 150.00 5311113 Ground Supplies/Garbage Bags 150.00 5311311 Fertilizer 0.00 5311911 Soil&Sand 0.00 5311917 Range Supplies 0.00 5312110 Water&Sewerage 1,200.00 5312310 Electricity 7,500.00 5312710 Gasoline 3,000.00 5313110 Food 500.00 5319120 R&M Building 0.00 5319130 R&M Equipment 2,000.00 5319140 R&M Vehicles 0.00 5319150 R&M Grounds 0.00 49,869.00 Attachment number 1 \nPage 1 of 1 Item # 9 Commission Meeting Agenda 11/8/2012 5:00 PM Augusta Public Transit - Highway 56 Project Department:Augusta Public Transit Caption:Motion to approve the full service project management and support of HEERY for Augusta Public Transit’s RFP-11-138 Architectural and Engineering Design for a Transit Operation and Maintenance Facility for Augusta, Georgia. (Approved by Public Services Committee October 29, 2012) Background:Augusta Public Transit will be moving to 2950 Mike Padgett Highway. This item will be 80% federally funded and 20% locally funded. Due to the Federal Transit Administration (FTA) requirements such as Independent cost estimate, and constructability reviews in Circular 5010.1D Grant Management Requirements, Circular 4220.1F Third Party Contracting Guidance and the Master Agreement, we must have a project manager to follow the project from beginning to end and Transit does not have a construction manager. HEERY has also assisted in project management for the Athens, Transit facility, which gives them some experience with Transit projects. Analysis:The approval of this request will allow Augusta Public Transit to move along in making the necessary renovations to the Administration and Maintenance facilities with the oversight required. Financial Impact:This item will be 80% federally funded and 20% locally funded. Alternatives:If the project management team is not approved, it will delay the progress of the project. Recommendation:Approve the request for the project manager from HEERY, so that Transit can move forward with the project. Funds are Available in the Following Accounts: 2013 Budget Cover Memo Item # 10 REVIEWED AND APPROVED BY: Cover Memo Item # 10 Commission Meeting Agenda 11/8/2012 5:00 PM Authorization for Construction Manager to proceed with contract award of bid package #1 (Cooling Tower & Boilers) for the Augusta Municipal Building renovations and modernization Department:Recreation, Parks and Facilities Caption:Motion to provide authorization to Turner Construction Company to award Bid Package #1, in the amount of $206,131.00, which provides the Cooling Tower and Boiler for the Augusta, Georgia Municipal Building Renovations and Modernization. (Approved by Public Services Committee October 29, 2012) Background:Turner Construction Company was selected under RFQ 10-195 as the Construction Manager at Risk for the Augusta, Georgia Municipal Building Renovations and Modernization. The Design team, led by Virgo Gambill Architects, completed the first bid package, and bids were accepted and reviewed by Turner Construction Company, Virgo Gambill Architects, and the CIPM. Analysis:The following are the lowest responsive, responsible bidders, as determined by Turner Construction Company to perform the work. The Subcontractors, pursuant to Exhibit G-1, are as follows: J.W. McKinnie (Evapco) – Cooling Tower JMP (Lochinvar) – Electric Boilers The Scope of Work includes furnishing the Cooling Tower and Boilers, and is within the budgeted amount that was estimated for this phase of the work. Turner Construction Company, in conjunction with the design and program management team, will provide oversight during this and subsequent phases of the project. Proceeding with this work now will allow construction to proceed in an expedited fashion, leading to quicker completion of the Municipal Building Renovations and Modernization. This activity needs to be completed prior to the start of the demolition. Turner Construction Company has included the bid summary and bid proposals as back-up to support this. Financial Impact:The amount for Bid Package #1 is a component of the Guaranteed Maximum Price (GMP), which is scheduled to be established and approved in the First Quarter of 2013. The total GMP is currently budgeted to not exceed $17,216,385.00. Cover Memo Item # 11 Alternatives:Wait until the Guaranteed Maximum Price is established in the First Quarter of 2013 which will generate the following impacts: • Increased Hoisting Costs for Loading Boilers into Basement • Delayed Productivity with Mechanical Contractor • Making Cooling Tower change-over in Summer months • Increased Subcontractor & Vendor Fees Recommendation:Provide authorization to Turner Construction Company to award Bid Package #1, thus facilitating the start of the construction for the Municipal Building Renovations and Modernization Funds are Available in the Following Accounts: Augusta, Georgia Municipal Building Renovations and Modernization: GL –328-05-1120/5413120; JL 212055101/5413120 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 11 Attachment number 1 \nPage 1 of 6 Item # 11 Attachment number 1 \nPage 2 of 6 Item # 11 Attachment number 1 \nPage 3 of 6 Item # 11 Attachment number 1 \nPage 4 of 6 Item # 11 Attachment number 1 \nPage 5 of 6 Item # 11 Attachment number 1 \nPage 6 of 6 Item # 11 Commission Meeting Agenda 11/8/2012 5:00 PM Diamond Lakes Regional Park Basketball Site Improvements Department:Recreation, Parks and Facilities Caption:Motion to approve Change Order #1 to Blair Construction, Inc. in the amount of $80,102.30 for the outdoor basketball complex at Diamond Lakes Regional Park. (Approved by Public Services Committee October 29, 2012) Background:The Augusta Commission approved a construction contract in the amount of $342,425.92 for the construction of a new outdoor basketball complex at Diamond Lakes Regional Park. Analysis:During initial grading of the site, unsuitable soils were identified and work halted while options were investigated. Because of the large amount of subsurface debris that would have required removal, our engineers found it to be more cost effective to raise the grades on the site which resulted in less new fill material required. In addition, the owner has requested additional court surface markings and the addition of an electric panel and conduit for future lighting. Financial Impact:Total cost of Change Order #1 is $80,102.30 and priced as follows: 1. Revise grades, remove debris and fill - $54,810.00. 2. Court surface marking changes to make courts muti-functional; $5,610.00. 3. Additional electrical infrastructure for future lighting; $19,682.30 Alternatives:1. To Approve Change Order #1 with Blair Construction in the amount of $80,102.30. 2. Move No Action, thus delaying the project. Recommendation:1. To Approve Funds are Available in the Following Accounts: 328061110 - 211066401 Cover Memo Item # 12 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 12 Cranston Engineering Group, P.C. Augusta, Georgia Order No. 1 CONTRACT CHANGE ORDER DATE October 15. 2012 CONTRACT FOR Diamond Lakes Basketball Facility OWNER Augusta, Georgia Commission (Recreation, Parks & Facilities Department) TO Blair Construction, Inc. (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes (Supplemental Plans and Specifications Attached) X Yes No DECREASE in Contract Price INCREASE in Contract Price Revise grades to match new plan grades and remove concrete to 1.6’, placing concrete in slope on south end of courts (fill area) and import additional fill required. Includes sidewalk changes as shown on the revised plans. $54,810.00 Change court surface (including markings)from Basketball only to Basketball and Volleyball $5,610.00 Add electrical panel and conduit for future lighting. The lights for this project have direct buried poles. Therefore no bases would be installed. $19,682.30 TOTALS $0.00 $80,102.30 NET CHANGE IN CONTRACT PRICE $80,102.30 JUSTIFICATION: Subsurface debris (large pieces of concrete) required removal of a large amount of material. By raising the site the cost of the removal is significantly less. The client requested the court surface marking changes and wanted the electrical ready in the event lights are installed later. The amount of the Contract will be Increased By The Sum Of:Eighty Thousand One Hundred two and 30/100 Dollars ( $80,102.30 ) The Contract Total Including this and previous Change Orders Will Be: Four Hundred Twenty Two Thousand Five Hundred Twenty Eight and 22/100 Dollars ( $422,528.22 ) The Contract Period Provided for Completion Will Be Increased 116 Days. This Document will become a supplement to the contract price and all provisions will apply hereto. Recommended by: Cranston Engineering Group, P.C. Engineer Approved by: Owner By: Title: Date: Attest: Title: (Seal): Accepted by: By: Title: Date: Attest: Title: (Seal): Attachment number 1 \nPage 1 of 1 Item # 12 Commission Meeting Agenda 11/8/2012 5:00 PM Grant Award to Richmond County State Court Accountability Court Department:Clerk of Commission Caption:Motion to approve acceptance of grant award to the Richmond County State Court Accountability Court Programs in the amount of $26,200 for the period of 10/1/12 - 9/30/13. (Approved by Public Safety Committee October 29, 2012) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 13 Attachment number 1 \nPage 1 of 3 Item # 13 Attachment number 1 \nPage 2 of 3 Item # 13 Attachment number 1 \nPage 3 of 3 Item # 13 Commission Meeting Agenda 11/8/2012 5:00 PM Motion to appoint an ad hoc traffic committee to study streets and corridors where the use of Light Transportation Vehicles, such as golf carts, would be safe and feasible. Department:Commissioner Bowles Caption:Motion to appoint an ad hoc traffic committee to study the most likely streets and corridors where the use of Light Transportation Vehicles (LTVs), such as golf carts, would be reasonably safe to operate (provided adequate signage and separate lanes where appropriate) and where using them would be consistent with the traffic and planning needs. The ad hoc committee will be comprised of Traffic Engineer (or representative), Administrator (or representative), Sheriff (or representative), Director of Planning and Development (or representative), General Counsel (or representative), representative from the Convention & Visitors Bureau, E-Z-Go Company, Greenway Alliance, a student from a local university and a handicapped person from Richmond County. (Approved by Public Safety Committee October 29, 2012) Background:Augusta, Georgia is the golf cart capital of the world. Yet the Augusta, GA. Code currently only designates a small number of public streets where the use of low speed vehicles, such as golf carts, are allowed. See Sec. 3-5-86. Designating an ad hoc committee to further study what additional streets may be feasible for such purposes is a good first step towards evaluating what Code changes are needed to expand the safe use of LTVs in Augusta, Georgia. Analysis:See attached Memorandum and draft ordinance. Financial Impact:N/A. Alternatives:Decline consideration of additional streets designated for Light Transportation Vehicle use at this time. Recommendation:Approve. Cover Memo Item # 14 Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Page 1 of 6 Fred L. Somers, Jr., P.C. MEMORANDUM TO: Andrew G. Mackenzie, Esq., General Counsel Augusta-Richmond County, Georgia FROM: Fred L. Somers, Jr., Esq., General Counsel International Light Vehicles Association, Inc. (“ILTVA”) RE: Proposed PTV, Golf Car and LSV (collectively “Light Transportation Vehicles” or “LTVs”) Ordinance for Augusta-Richmond County, Georgia (“ARC”) OUR FILE NO. 4786.201203 DATE: 08/28/12 CC: ILTVA Board of Directors ------------------------------------------------------------------------------------------------------------ Andrew: The following preliminary matters are addressed to give background respecting the attached draft LTV ordinance that hopefully addresses the expectations of the ARC Commission. 1. Introduction. Much of the material which follows is compiled from materials we have been collecting and addressing for a number of years. Sources include without limitation, the model legislation promulgated by ILTVA to be found at www.iltva.org; Georgia S.B. 240 which ILTVA prepared, was sponsored by Sen. Jeff Mullis, Chair of the Ga. Senate Transportation Committee and adopted by the Georgia General Assembly in 2011; and numerous RSS feeds and ordinances from other states which we continuously monitor respecting LTVs. See, e.g., http://www.iltva.org/Local-Legislation.aspx (lower left hand column). ILTVA is comprised of original equipment manufacturers, (“OEMs”), suppliers and others involved in the manufacture, distribution and deployment of LTVs. ILTVA’s vision statement as contained in its bylaws is “[to be] the world’s leading association and advocate for safe and increased use of on and off-road LTVs.” Approximately 95% of all LTVs manufactured in the U.S. are made in Georgia and two of the primary ILTVA members are domiciled within ARC and the adjacent Columbia County. ILTVA is the American National Standards Institute (“ANSI”) accredited developer and sponsor of ANSI/ILTVA Z 130.1 Safety and Performance Specifications for Golf Cars; and ANSI/ILTVA Z 135 Safety and Performance Specifications for Personal Transportation Vehicles (“PTVs”). 2. Sustainable and Affordable ARC Strategies .01 Considerable public demand for low cost, private, environmentally friendly, local self propelled vehicular transportation exists. As opposed to the higher priced electric automobiles, lower speed LTVs present a readily and economically acceptable alternative to a second or third automobile for many families. LTVs have a fuel Attachment number 1 \nPage 1 of 6 Item # 14 Page 2 of 6 equivalency of approximately 74 Miles per Gallon of Gasoline Equivalent (MPGe)1 resulting in reducing our dependence on fossil fuel. The cost of LTV life-cycle ownership is 1/3 that of a fossil fuel vehicle2 resulting in increased disposable income. .02 LTVs hold great potential in the area of parking. Because they are only a fraction of the size of regular automobiles, LTVs effectively increase the available parking supply. However, LTVs also require low-speed street conditions as well. .03 Studies elsewhere3 show three-quarters of workers drive to work alone in vehicles propelled by internal combustion engines. The contribution of these internal combustion vehicles to air pollution is noticeable in the urban areas. These studies also demonstrate few employees commute by public transit, bicycling, or walking. By allowing a wider use of LTVs than presently permitted, air pollution may be markedly reduced if a significant number of workers migrate to use of LTVs for commuting. Further potential exists for reducing air pollution are the drivers who opt to use LTVs for short trips to retail outlets and recreational venues. .04 At half to two-thirds the weight of a conventional automobile and with a speed currently limited to 25 mph or less, the damage done by LTVs to ARC roads will be noticeably less.4 3. Questions To Consider. .01 Will residents regularly drive LTVs on ARC city, suburban and exurban streets? It is submitted that only if drivers feel safe in operating the smaller profile LTVs on these streets will they undertake to purchase and use LTVs for everyday transportation. The safety concern means (i) providing some separation of LTV traffic from automobile and other larger vehicles by providing lanes dedicated to LTV use where appropriate; (ii) only allowing LTVs to operate on streets providing for speed limits of not more than 25 mph; (iii) requiring certain rules of the road to be strictly enforced and monitored to ensure the rules are followed: and (iv) publicizing the rules and areas where LTVs may operate by signage and public education. Also, it is important for safety that all operators of LTVs be licensed motor vehicle operators and that the required accessories are permanently affixed to the LTVs. .02 Will the traffic and law enforcement officers support a program requiring some additional vigilance on their part to monitor and enforce the program rules? We have observed in some localities, the local law enforcement authorities have been most supportive, in others less so, and in a few jurisdictions, hostile to the concept of LTV traffic on local streets. There has to be a “buy in” by the ARC traffic and law enforcement personnel to make the program work effectively and safely. One way to encourage law enforcement to “buy into” the program is to furnish traffic police with LTVs for their use in fulfilling their oversight responsibility. Compared to motorcycles, bicycles and motor scooters, the safety record of LTVs is measurably and measurably better.5 Compared to motor vehicles (does not include 1 See https://www.fueleconomy.gov/feg/evsbs.shtml#small-cars. 2 See www.fs.fed.us/sustainableoperations/documents/e-ride.ppt. 3 See, e.g., www.SouthBayCities.org. 4 See http://evworld.com/library/NEV_Costs.pdf. Attachment number 1 \nPage 2 of 6 Item # 14 Page 3 of 6 LTVs other than low speed vehicles as defined in FMVSS 500), more than 2.3 million adult drivers and passengers were treated in emergency departments as the result of being injured in motor vehicle crashes in 2009.6 .03 Will LTVs usage produce significant economic benefits? In paragraphs 2.01 and 2.03, we cite several presumably reliable sources to show it is significantly less expensive for vehicle operators and owners to use LTVs rather than gasoline or diesel powered automobiles or larger fossil fuel driven vehicles for their daily local transportation needs. The passage of a broader LTV ordinance than presently exists in ARC would allow the introduction of an intermediate class of vehicle with lower acquisition, operation and maintenance costs than the current choice of vehicle options, especially if these vehicles are electrically-powered. Most electric powered LTVs have a driving range of about 30 miles. Assume that it takes 200 watts hours of electric power per mile of operation, that means every kilowatt hour of electricity you put into the vehicle's battery is the equivalent of 5 miles of travel. So, to drive 30 miles would require 6kWh of electric power. Assume the owner pays an average of around 7¢ a kilowatt hour. To fully charge the battery in a electric LTV would cost the equivalent of 42¢. If the owner’s gasoline car gets 30 miles per gallon, how much would the owner have to pay to drive the same distance? Depending on the local service station used, the owner would pay approximately $3.47.7 That's more than $3 a gallon difference.8 The initial purchase cost of a LTV is significantly lower than the higher priced electric powered hybrid automobile. Edmunds Car Finder reports 15 hybrid autos available in a price range of $15,000 to $25,000; 21 hybrid autos available in a price range of $25,000-$35,000; and 32 hybrid autos available in price ranges from $35,000 to over $85,000.9 In contrast, one recent survey shows the price range for a new golf cart to be from $4,700 to $15,000 with the average golf cart - electric, with a top and 5 CPSC's National Electronic Injury Surveillance System (NEISS) collects current injury data associated with consumer products from U.S. hospital emergency departments across the country. Consisting of a national probability sample of hospitals of differing sizes and locations, NEISS provides national estimates of the number and types of consumer product-related injuries. NEISS Data Highlights – 2010 Estimated Number of Injuries and Estimated Rate of Product-Related Injuries per 100,000 Population in the United States and Territories (listed in italic) that were treated in Hospital Emergency Departments* treated in Hospital Emergency Departments*. Bicycles are shown to be involved in 541,746 injuries; ATVs, mopeds and minibikes involved in 230,666 injuries. See http://www.cpsc.gov/neiss/2010highlights.pdf. LTVs in the form of golf cars show a favorable comparison with the foregoing vehicles. According to the Consumer Products Safety Commission (CPSC), there are approximately 15,000 golf car related injuries requiring emergency room treatment in the US each year. http://technology-assoc.com/articles/golf-cart-hazards.html. Moreover, if the number of LTV related injuries (includes golf carts, utility vehicles and motorized vehicles not otherwise classified) are limited to on street or highway incidents, the estimated number of LTV related injuries approximated only 1,753 in 2010. There were no estimates for 2009 or 2011 the actual recorded number of LTV related injury incidents in those years being less than in 2010. NEISS Query Results for Codes 5044, 1213 and 1744 – Locale 4 Street or Highway. See http://www.cpsc.gov/library/neiss.html. 6 http://www.cdc.gov/motorvehiclesafety/index.html. 7 See http://www.georgiagasprices.com/Augusta/index.aspx 8 http://evworld.com/library/NEV_Costs.pdf 9 http://www.edmunds.com/hybrid/?mktcat=hybrid- compare&kw=hybrid+car+comparison&mktid=ga30221603. Attachment number 1 \nPage 3 of 6 Item # 14 Page 4 of 6 windshield, priced at between $5,000 and $7,000.10 LSVs and other LTVs provided with lights and other accessories required under Georgia law11 for operation on streets may cost in excess of $7,000 up to $10,500.12 .04 Will LTVs usage produce significant environmental benefits for ARC citizens? The Augusta Chronicle reported in 2010 “Augusta is among the 25 worst cities for a certain type of air pollution even as other Georgia cities have improved, according to a report from the American Lung Association released today. Although Augusta slid just under one standard from the Environmental Protection Agency, there is strong consensus that standard should be set much lower.”13 In the association's "State of the Air 2010" report, the Augusta area's particle pollution is "just under a level that has been recognized by the courts and lots of scientific groups as being unhealthy," said Janice E. Nolen, the assistant vice president for national policy and advocacy for the lung association. . . . Augusta was 23rd on the list of cities with the worst long-term levels of particle pollution. Yet its 14.8 micrograms per cubic meter was just under the EPA's threshold of 15 per cubic meter. . . .14 However, the Chronicle reported recently that: Stricter air quality standards proposed Friday for fine particle pollution are unlikely to jeopardize Augusta’s compliance with the U.S. Clean Air Act. The Environmental Protection Agency’s plan is aimed at further reducing particle pollution, including soot, that can penetrate into lungs and contribute to heart attacks, strokes and acute bronchitis, in addition to aggravated asthma among children. Under the agency’s existing rule, adopted in 1997, particle pollution is limited to 15 micrograms per cubic meter on an annual average. The new standard would be set between 12 and 13 micrograms per cubic meter. Augusta-Richmond County Planning Director Paul DeCamp, who is also a member of the CSRA Air Quality Alliance, said recent averages in this area already meet the new standard, thanks to pollution-reduction efforts already in place. “In looking at our records, it doesn’t seem to indicate the proposed change in the standards would result in a non-attainment designation for our area,” he said. According to Georgia Environmental Protection Division monitors, particulate levels in Augusta averaged slightly above 15 micrograms per cubic meter from 2003 to 2007 but have declined each year since to about 12 micrograms per cubic meter. Efforts that have reduced local pollution include a May-to-October ban on outdoor burning. Levels of another key pollutant – ground level ozone, which causes smog – have also declined in recent years. The federal ozone standard of 75 parts per billion over an eight-hour average is close to being tightened to 70 parts per billion. Although both Richmond and Columbia counties have flirted with non-attainment in past years, the downward trend in ozone levels has yielded 2011 levels of 70 parts per billion in Augusta and 67 parts per billion in Evans. Aiken County monitors in Trenton and Jackson yielded levels of 67 and 63 parts per billion, respectively. 10 http://www.buyerzone.com/residential/golf-cars/ar-prices-golf-carts/#prices2. 11 S.B. 240. See http://www.legis.ga.gov/legislation/en-US/Display/20112012/SB/240. 12 See e.g., http://www.roadratmotors.com/street-legal-golf-carts. 13 http://chronicle.augusta.com/news/health/2010-04-28/pollution-lands-augusta-area-air-report. 14 Id. Attachment number 1 \nPage 4 of 6 Item # 14 Page 5 of 6 We conclude the ARC has been doing an effective job in keeping the ARC from falling into the non-attainment category. However, to continue to improve its air pollution indices, it behooves ARC to continue to focus on pollution sources, the foremost one being fossil fuel vehicular traffic. Achieving replacement of fossil fuel vehicular miles driven by electric powered LTVs, is a proven method to realize this replacement. .05 Is large scale deployment of LTVs feasible? The answer to this question depends upon what is considered “large scale” and over what period of time? Assuming sufficient encouragement and safety rules are established to yield confidence in the consumer that ARC is genuinely interested in promoting the safe and meaningful access to a significant number of streets or corridors for the use of LTVs, it is submitted that over a period of five to ten years, several thousands of LTVs could eventually be replacing automobiles for short commutes and errands if the existing ordinance is broadened to allow the use of LTVs on a wider scale. For example, set aside exclusive parking for LTVs has been demonstrated to encourage the use of LTVs. .06 What specific provisions of a new ordinance enabling the wider use of LTVs on ARC streets will be necessary? • A policy statement • Definitions • A significant increase in the number of public roads designated for LTV operation over the few presently allowed • Limitations and Safety Criteria • Rules of the Road • Registration, Proof of Insurance and Permit Process • Enforcement of GCV transportation plan • Exceptions • Process for identifying and providing for additional roadways and corridors where LTVs may be allowed after ordinance is adopted 4. Time Table You have indicated a need to have a draft ordinance for review this Fall and adopted prior to calendar year end. The attached draft ordinance is for your review and consideration. After you have reviewed the draft we are available on reasonable notice to assist you in whatever presentation may be required to help the Commission get comfortable with the proposed ordinance and to respond to comments, questions or requests for changes. In the interim, we recommend you request the Commission to appoint an ad hoc traffic committee to study the most likely streets and corridors where the use of LTVs would be deemed reasonably safe provided adequate signage and separate lanes where appropriate could be implemented. Presumably, the ad hoc committee would include one or more members of your staff and the Traffic Engineering Division Staff. Attachment number 1 \nPage 5 of 6 Item # 14 Page 6 of 6 Among other details to be considered by the ad hoc committee would be to provide licensees with a map identifying where LTV use is permitted and prohibited; addressing parking of LTVs, initially without parking fees; and consideration of and recommendation respecting battery charging stations. Once the ad hoc committee reports its findings, the Traffic Engineering Division Staff or other appropriate ARC staff will need to calculate the cost of funding the signage, lane markers, publicity and other related matters. The funding costs then become a matter for the Commission to budget into its 2013 and subsequent year budgets. We thank you for this opportunity to be of service to the citizens of ARC. fls --------------------- ILTVA/Augusta Ordinance/Memorandum.to.A.Mackenzie.082812.docx Attachment number 1 \nPage 6 of 6 Item # 14 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 4 It e m # 1 4 At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 4 It e m # 1 4 At t a c h m e n t n u m b e r 2 \ n P a g e 3 o f 4 It e m # 1 4 At t a c h m e n t n u m b e r 2 \ n P a g e 4 o f 4 It e m # 1 4 DR A F T Page 1 of 8 ORDINANCE NO. ________ AN ORDINANCE ADDING NEW DEFINITIONS TO SECTION 3-5-1 OF CHAPTER 5 MOTOR VEHICLES AND TRAFFIC; AND ADDING A NEW SECTION 3-5-86. Operating a Light Transportation Vehicle on a public street, road or highway; and deleting in its entirety the previously existing Section 3-5-86 entitled Operating a Motorized Cart on a public street, road or highway. Sec. 3-5-1 Definitions of Words and Phrases. The following definitions are added to Section 3-5-1: (b)(49)1 Light Transportation Vehicle. The following motor vehicles comprise the classification of Light Transportation Vehicle: Motorized Carts, Personal Transportation Vehicles; Light Utility Vehicles; and Low Speed Vehicles. (b)(50) Personal Transportation Vehicle. Personal transportation vehicle or PTV means any motor vehicle: with a minimum of four wheels; Capable of a maximum level ground speed of less than 20 miles per hour; with a maximum gross vehicle unladen or empty weight of 1,375 pounds; and capable of transporting not more than eight persons.2 (b)(51) Light Utility Vehicle. A Light Utility Vehicle is any self-propelled, operator- controlled, off-road vehicle 72 inches or less in overall width, exclusive of added accessories and attachments, operable on three or more wheels, primarily intended to transport material loads or people, with a gross vehicle weight of 5,500 pounds or less, and a maximum average speed less than 25 miles per hour.3 (b)(52) Low Speed Vehicle. A low-speed vehicle (LSV) is any four-wheeled electric vehicle whose top speed attainable in one mile is greater than 20 miles per hour but not greater than 25 miles per hour on a paved level surface and which is 1 Consideration should be given to re-ordering the existing numbering of the definitions under Code § 3-5-1 to place them in alphabetical sequence. 2 Source: Ga. S.B. 240. Note: The terms “Motorized Carts” and PTVs are substantially identical excepting only that PTVs allow for a slighter higher weight. All Motorized Carts are by definition also PTVs. All PTVs (excepting only those exceeding 1300 lbs) are Motorized Carts. Thus, until the Georgia Motor Vehicle Code is revised to eliminate the existing redundancy, there exists the necessity to reference both types of vehicles. 3 Source: SAE J2258 Light Utility Vehicle Safety and Performance Standard. For purposes of the proposed Code, Light Utility Vehicles should be considered Low Speed Vehicles respecting the equipment required. Attachment number 3 \nPage 1 of 8 Item # 14 DR A F T Page 2 of 8 manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001.4 (b)(53) Operate. Operate means to ride in or on, and control the operation of a vehicle. (b)(54) Operator. Operator means every person who operates, or is in actual physical control of a vehicle.5 (b) (56) Public Property. Public property means property that may be used by the public, subject to reasonable regulation by the Augusta-Richmond County Commission. Such property includes city and county streets, sidewalks, city and county parks, and city and county parking lots. (b)(55) Controlled Operating Environment. Controlled Operating Environment means (i) public property under the jurisdiction of the Augusta-Richmond County Commission designated by it for LTV use, and the privately owned land of any owner that consents to the Augusta-Richmond County Commission having jurisdiction to regulate the operation of LTVs on private property; and (ii) areas in which the posted speed for the road surface on which the LTVs operate does not exceed 25 mph. Section 3-5-86 entitled Operating a Light Transportation Vehicle (LTV) on a public street, road or highway. (a) Purpose and Intent. The purpose of this Section is to provide reasonable regulations for the use of LTVs on public property in the city. This chapter is not intended to allow what the Georgia state statutes prohibit nor to prohibit what the state statutes allow. It is intended to provide for public safety and prevent public nuisance. (b) Scope. It shall be unlawful for a person to operate any Light Transportation Vehicle (LTV) upon a street, road, or public highway in Augusta Richmond County, 4 Source: O.C.G.A. § 40-1-1(25.1). 5 Consideration should be given to deleting the existing definition of (b)(9)“driver” as the term “Operator” is more inclusive and consistent with existing ANSI golf car and PTV vehicle standards. However, we note the existing definition of “driver” is the same as the definition to be found in O.C.G.A. §40-1-1(14). Attachment number 3 \nPage 2 of 8 Item # 14 DR A F T Page 3 of 8 except as specifically provided herein. Further, no person shall operate any LTV on private property without the permission of the owner of such private property. (c) Designation of public roads of Augusta Richmond County for LTV operation; posting of signs. (1) Pursuant to Section 40-6-331 and 40-6-360 of the Official Code of Georgia, the Augusta Richmond County Commission may authorize by ordinance, the operation of LTVs on designated public roads (Controlled Operating Environments) within the jurisdiction of Augusta Richmond County after (i) considering the speed, volume, and character of motor vehicle traffic using public roads, and (ii) determining that LTV operation on particular roads is compatible with state and local transportation plans and consistent with the state of Georgia’s statewide pedestrian policy. No public road of Augusta Richmond County shall be designated for use by LTVs if LTV operation will impede the safe and efficient flow of motor vehicle traffic, or if the road's posted speed limit is greater than twenty-five (25) miles per hour. (2) All requests made to have specific roads designated for LTV use shall be directed to the Traffic Engineering Division. (3) Any public road of Augusta Richmond County designated for LTV operations shall be posted with signs indicating this designation.6 (4) Maps that clearly indicate locations of Controlled Operating Environments should be posted on Augusta Richmond County’s web site [http://www.augustaga.gov] and be distributed or made available in printed form to all known users. (d) Limitations and Safety Criteria. LTV operation on designated public roads of Augusta Richmond County shall be in accordance with the following limitations: 6 O.C.G.A.§ 40-6-331(c) Ordinances establishing operating standards shall not be effective unless appropriate signs giving notice are posted along the public streets affected. Attachment number 3 \nPage 3 of 8 Item # 14 DR A F T Page 4 of 8 (1) No person shall operate a LTV on a public road of Augusta Richmond County unless that road is designated for LTV operation and is posted with the required sign(s). (2) LTVs may only be driven on roads designated on a map maintained by the Augusta Richmond County’s Traffic Engineering Division. The map shall also be posted on the Augusta Richmond County website, distributed to LTV registrants and made available in print form, to all known users. The Augusta Richmond County Commission will periodically review the map. Citizens may request the addition of specific roads to the map. The Augusta Richmond County’s Traffic Engineering Division will review the request and recommend to the Commission whether to add roads based on an assessment of traffic volume, topography, intersections and other relevant public safety variables. (3) No LTV shall be driven across any road at an intersection where the road being crossed has a posted speed limit of more than thirty-five (35) miles per hour.7 Any crossing should be conspicuously marked by signage and apparent to oncoming motor vehicles. (4) The maximum occupancy of a LTV traveling on roads will be one person per designated seat. (5) The use or consumption of alcoholic beverages or other mind altering substances while operating or occupying a LTV on public roads is prohibited. (6) No person shall operate any LTV on any designated public road of Augusta Richmond County unless the person possesses a valid driver's license. (7) LTV operators shall maintain their LTVs in a safe condition and ensure that an unobstructed view to the rear is maintained at all times the LTV is in operation on public roads. 7 O.C.G.A. § 40-6-331(d)(1) Motorized carts may cross streets and highways that are part of the state highway system only at crossings or intersections designated for that purpose by the Department of Transportation. Attachment number 3 \nPage 4 of 8 Item # 14 DR A F T Page 5 of 8 (8) Every person operating a LTV on a public roadway has the rights and duties applicable to the driver or operator of any other vehicle under the provisions of Chapters 58 and 69 of Title 40 of the Official Code of Georgia, as applicable. (9) No LTV may be operated at a rate of speed greater than reasonable or proper under all surrounding circumstances, but in no event at a speed greater than 20 miles per hour unless the vehicle is a low speed vehicle complying with FMVSS 500 in which case it may not be operated at a speed greater than 25 miles per hour. (10) No LTV shall operate on a public roadway except between the hours of 30 minutes following sunrise and 30 minutes prior to sunset, except as otherwise provided herein.10 Notwithstanding the foregoing, low speed vehicles may operate on public roads at any time.11 (e) Rules of the Road. (1) All LTVs are entitled to full use of a lane, and no motor vehicle shall be driven in such a manner as to deprive any LTV of the full use of a lane. (2) The operator of a LTV shall not overtake and pass in the same lane occupied by the vehicle being overtaken. (3) No person shall operate a LTV between lanes of traffic or between adjacent lines or rows of vehicles. (4) LTVs shall not be operated two or more abreast in a single lane. 8 Chapter 5 deals with Drivers Licenses. 9 Chapter 6 addresses Uniform Rules of the Road. 10 O.C.G.A. § 40-6-330. Hours Of Operation. Motorized carts may be operated on streets only during daylight hours unless they comply with the equipment regulations promulgated by the commissioner of public safety." There presently do not exist any equipment regulations so promulgated. S.B. 240 signed by the Governor is intended to furnish the equipment required. However, the most conservative approach would be that until O.C.G.A. § 40-6-330 is amended to substitute the equipment specified in S.B. 240, the most conservative approach is limiting operation of LTVs to daytime use. However, if the ARC General Counsel opines that S.B. 240 being of a higher legislative order than any putative regulation not yet in being and that all Motorized Carts as defined in the Georgia Code constitute PTVs, then the ARC may decide to allow use of LTVs during non-daytime hours. 11 O.C.G.A. § 40-6-360. Every person operating a low-speed vehicle shall be granted all the rights and shall be subject to all the duties applicable to the driver of any other vehicle under this chapter except as to special regulations in this part and except as to those provisions of this chapter which by their nature can have no application. Attachment number 3 \nPage 5 of 8 Item # 14 DR A F T Page 6 of 8 (f) Equipment. LTVs shall be equipped at a minimum with what is required under O.C.G.A. § 40-1-1(43.1), i.e., (1) A braking system sufficient for the weight and passenger capacity of the vehicle, including a parking brake; (2) A reverse warning device functional at all times when the directional control is in the reverse position; (3) A main power switch. When the switch is in the 'off' position, or the key or other device that activates the switch is removed, the motive power circuit shall be inoperative. If the switch uses a key, it shall be removable only in the 'off' position; (4) Head lamps; (5) Reflex reflectors; (6) Tail lamps; (7) A horn; (8) A rearview mirror; (9) Safety warning labels; and (10) Hip restraints and hand holds. If the LTV is a Low Speed Vehicle it shall also be manufactured in compliance with those federal motor vehicle safety standards for low-speed vehicles set forth in 49 C.F.R. Section 571.500 and in effect on January 1, 2001 including without limitation the required equipment and performance limit specified in S5(a) of Section 571.500 under the specified test conditions.12 (g) Registration, Proof of Insurance and Permit Process. (1) A fee of $15.0013 to register a LTV for use on public roads will be charged by the Augusta Richmond County Sheriff’s Office to cover the costs of implementing and maintaining this Ordinance. LTV owners must complete the permit registration form provided for the foregoing purpose. A granted permit will be valid for a period up to one (1) year. A permit may be revoked for a violation of any provision of this ordinance. The Sheriff’s Office will issue visible proof of compliance, (certification decal), that must be attached to the driver's side of the LTV. The certification decal shall remain permanently with the vehicle unless the vehicle is sold or the decal is destroyed. The completed forms will be maintained by the Sheriff’s Office. Registration shall be denied vehicles capable of seating more than eight persons. (2) An education and information package describing the requirements of the Augusta Richmond County LTV transportation program shall to be distributed with the LTV registration decal. 12 See http://www.nhtsa.gov/cars/rules/rulings/lsv/lsv.html 13 $15.00 limitation presently imposed by O.C.G.A. § 40-6-331. Attachment number 3 \nPage 6 of 8 Item # 14 DR A F T Page 7 of 8 (3) An LTV shall be insured as required by Georgia’s motor vehicle insurance law, and the operator must carry proof of insurance when operating the LTV. (h) Enforcement of LTV transportation plan; Sanctions. The Augusta Richmond County Commission finds and determines that it shall provide law enforcement for the GCV transportation plan and enforce the rules and regulations of the Augusta Richmond County Municipal Code, and the Georgia Motor Vehicles and Traffic Code. Any act constituting a violation of this Ordinance or a failure to comply with any of its requirements shall subject the offender to a civil penalty of one hundred dollars ($100.00), plus the court costs and attorneys’ fees incurred by Augusta Richmond County. If the offender fails to pay the penalty within ten (10) days of receiving final written notice of a violation, the penalty may be recovered by the Sheriff’s Office in a civil action in the nature of a debt. Repeat offenders may have the privileges granted by this Ordinance revoked. (i) Exceptions. The limitations set forth in subsection (d)(1) and (2) above shall not apply to LTVs being operated as follows: (1) To cross a road from one portion of a golf course to another portion thereof or to another adjacent golf course; or to travel between a person's home and golf course if (i) the trip would not be longer than one mile in either direction; (ii) the speed limit on the road is no more than twenty-five (25) miles per hour; and (iii crossing a road at an intersection at crossings or intersections designated for that purpose by Augusta Richmond County where the road has a posted speed limit of not more than 35 miles per hour. (2) To the extent necessary for Augusta Richmond County employees and Augusta Richmond County contractors to fulfill a governmental purpose, or as otherwise authorized by Augusta Richmond County, provided the LTV is not operated on a public road of Augusta Richmond County with a posted speed limit over thirty-five (35) miles per hour; (3) As necessary by employees of public or private institutions of higher education if operating on roads within the property limits of such institutions, provided the LTV is being operated on roads with speed limits of twenty-five (25) miles per hour or less. j. City-County Operation. Attachment number 3 \nPage 7 of 8 Item # 14 DR A F T Page 8 of 8 Augusta Richmond County is permitted to operate city-county owned LTVs for the purposes of city-county maintenance, traffic enforcement or other city-county business, on city-county streets as well as private property. Generally, these LTVs shall be equipped with flashing yellow warning lights to the front and rear or a yellow flashing light on top. The city shall be exempt from the permit requirements contained in this ordinance. k. Conflict with State Law An ordinance adopted under this Section shall not conflict with or duplicate another state law. l. No Assumption of Liability. Nothing in this section shall be construed as an assumption of liability by Augusta Richmond County for any injuries or death to persons or property damage in connection with: 1) the operation of a LTV; 2) the grant of an LTV permit; or 3) the failure by the City-County to revoke an LTV permit. l. Effective Date. This Ordinance shall become effective ____________. ILTVA/Augusta Ordinance/Draft LTV Ordinance.082812 Attachment number 3 \nPage 8 of 8 Item # 14 Commission Meeting Agenda 11/8/2012 5:00 PM Augusta Metro Chamber of Commerce Building Department:Clerk of Commission Caption:Motion to approve using the previously allocated $100,000 for improving the old Augusta Metro Chamber of Commerce Building on Broad Street. (Approved by Finance Committee October 29, 2012) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 15 Commission Meeting Agenda 11/8/2012 5:00 PM GA MPO Conference Special Event Department: Caption:Motion to approve of budget increase to include revenue and expenses for the GA MPO Conference to be held on November 29-30, 2012. (Approved by Finance Committee October 29, 2012) Background: The Augusta Regional Transportation Study is hosting the Georgia Metropolitan Planning Organization on November 29-30, 2012. This request is to increase the Planning & Development budget by $10,000. Analysis: Financial Impact:The MPO will be collecting registration fees and sponsor funds to help defray the cost of hosting the conference. Any funds accepted over and above the cost of the conference are to be sent to the next MPO to help defray the costs of their conference. Alternatives:Approve or Deny the Planning & Development Department’s request to accept revenue and expenses for the Conference. Recommendation:Approval Funds are Available in the Following Accounts: The funds will be collected from the conference registration fees and sponsorships. Any expenses collected above revenues are eligible for reimbursement through the GA Planning Grant. Any revenues collected above expense are to be forwarded to the next MPO to help defray expenses for the next MPO conference. REVIEWED AND APPROVED BY: Cover Memo Item # 16 Commission Meeting Agenda 11/8/2012 5:00 PM Increasing Expenditure Level Department:Disadvantaged Business Enterprise Department Caption:Motion to approve increasing the Disadvantaged Business Enterprise Department expenditure level, funding source will be provided by contributions from 5th Annual Business Expo Platinum Sponsors. (Approved by Finance & Administrative Services Committees October 29, 2012) Background:The DBE Department will hosting the 5th Annual Business Expo on November 14, 2012 at the Boathouse Center. This event is designed to bring Augusta businesses and resources together under one roof for an exciting day of education and networking. The theme this year is "Opening the Door to Opportunity". Research shows small businesses are the backbone of ARC's economy. The EXPO has been designed to provide resources and opportunities for entrepreneurs in every phase of a business lifecycle: start-up, launch, growth and sustainability. The department will provide lunch and educational informational brochures to all attendees. Analysis:The approval of this item will be a savings to the city due to using funds being supplied by Platinum Sponsors. Financial Impact:Increase department expenditure level to include estimated $1,200.00 in contributions from Platinum Sponsors. Alternatives:The department would use funds from 2012 budget wihch will cause a decrease in those funds. Recommendation:Approve increasing the DBE Department expenditure level, funding source will be provided by contributions from the 5th Annual Business Expo Platinum Sponsors. Funds are Available in the Following Accounts: 101077110 Cover Memo Item # 17 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 17 Commission Meeting Agenda 11/8/2012 5:00 PM Tax Allocation District 4 Department: Caption:Discuss creation of Tax Allocation District 4. (No recommendation from Finance Committee October 29, 2012) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 18 Attachment number 1 \nPage 1 of 2 Item # 18 Attachment number 1 \nPage 2 of 2 Item # 18 Commission Meeting Agenda 11/8/2012 5:00 PM TEE Center Contracts Department: Caption:Motion to approve TEE Center contracts (1) Amendment to Leases and Construction, Operating,and Reciprocal Easement Agreement (2) Agreement for Right of First Refusal (3) Assignment of TEE Center Management Agreement (4)TEE Center Catering Agreement (5) TEE Center Reciprocal Easement Agreement (6) DEED. (Referred from October 16 Commission meeting) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 19 Attachment number 1 \nPage 1 of 10 Item # 19 Attachment number 1 \nPage 2 of 10 Item # 19 Attachment number 1 \nPage 3 of 10 Item # 19 Attachment number 1 \nPage 4 of 10 Item # 19 Attachment number 1 \nPage 5 of 10 Item # 19 Attachment number 1 \nPage 6 of 10 Item # 19 Attachment number 1 \nPage 7 of 10 Item # 19 Attachment number 1 \nPage 8 of 10 Item # 19 Attachment number 1 \nPage 9 of 10 Item # 19 Attachment number 1 \nPage 10 of 10 Item # 19 Attachment number 2 \nPage 1 of 6 Item # 19 Attachment number 2 \nPage 2 of 6 Item # 19 Attachment number 2 \nPage 3 of 6 Item # 19 Attachment number 2 \nPage 4 of 6 Item # 19 Attachment number 2 \nPage 5 of 6 Item # 19 Attachment number 2 \nPage 6 of 6 Item # 19 Attachment number 3 \nPage 1 of 8 Item # 19 Attachment number 3 \nPage 2 of 8 Item # 19 Attachment number 3 \nPage 3 of 8 Item # 19 Attachment number 3 \nPage 4 of 8 Item # 19 Attachment number 3 \nPage 5 of 8 Item # 19 Attachment number 3 \nPage 6 of 8 Item # 19 Attachment number 3 \nPage 7 of 8 Item # 19 Attachment number 3 \nPage 8 of 8 Item # 19 Attachment number 4 \nPage 1 of 21 Item # 19 Attachment number 4 \nPage 2 of 21 Item # 19 Attachment number 4 \nPage 3 of 21 Item # 19 Attachment number 4 \nPage 4 of 21 Item # 19 Attachment number 4 \nPage 5 of 21 Item # 19 Attachment number 4 \nPage 6 of 21 Item # 19 Attachment number 4 \nPage 7 of 21 Item # 19 Attachment number 4 \nPage 8 of 21 Item # 19 Attachment number 4 \nPage 9 of 21 Item # 19 Attachment number 4 \nPage 10 of 21 Item # 19 Attachment number 4 \nPage 11 of 21 Item # 19 Attachment number 4 \nPage 12 of 21 Item # 19 Attachment number 4 \nPage 13 of 21 Item # 19 Attachment number 4 \nPage 14 of 21 Item # 19 Attachment number 4 \nPage 15 of 21 Item # 19 Attachment number 4 \nPage 16 of 21 Item # 19 Attachment number 4 \nPage 17 of 21 Item # 19 Attachment number 4 \nPage 18 of 21 Item # 19 Attachment number 4 \nPage 19 of 21 Item # 19 Attachment number 4 \nPage 20 of 21 Item # 19 Attachment number 4 \nPage 21 of 21 Item # 19 Attachment number 5 \nPage 1 of 12 Item # 19 Attachment number 5 \nPage 2 of 12 Item # 19 Attachment number 5 \nPage 3 of 12 Item # 19 Attachment number 5 \nPage 4 of 12 Item # 19 Attachment number 5 \nPage 5 of 12 Item # 19 Attachment number 5 \nPage 6 of 12 Item # 19 Attachment number 5 \nPage 7 of 12 Item # 19 Attachment number 5 \nPage 8 of 12 Item # 19 Attachment number 5 \nPage 9 of 12 Item # 19 Attachment number 5 \nPage 10 of 12 Item # 19 Attachment number 5 \nPage 11 of 12 Item # 19 Attachment number 5 \nPage 12 of 12 Item # 19 Attachment number 6 \nPage 1 of 3 Item # 19 Attachment number 6 \nPage 2 of 3 Item # 19 Attachment number 6 \nPage 3 of 3 Item # 19 Commission Meeting Agenda 11/8/2012 5:00 PM Workers' Compensation Fund 2012 Department:Finance/Risk Managment Division Caption:Motion to approve transfer of funds to cover Worker’s Compensation claims through the end of 2012. (Approved by Finance Committee October 29, 2012) Background:Due to a number of serious injuries occurring in several departments during the last 3 years (vehicle/motorcycle accidents, altercations, fire scene injuries, fatality, etc.) we have seen a substantial increase in medical treatment cost and indemnification expenditures. Analysis:Workers' Compensation is a State mandated program so all associated cost must be paid within a specific time frame. Financial Impact:Estimated amount of funding necessary to finish out 2012 calendar year is $355,700. Alternatives:No alternatives; the payment of claims is mandated by state law. Recommendation:Approve requested transfer of funds in order to pay Worker’s Compensation claims for the remainder of 2012. Funds are Available in the Following Accounts: 621 162,600 Fund Balance 101 38,600 273 81,100 274 73,400 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 20 Commission Meeting Agenda 11/8/2012 5:00 PM Approve proposal from Cranston Engineering Group to accomplish various tasks to comply with terms of the Federal Energy Regulatory Commission’s (FERC) license application relating to dam and dike safety of the Augusta Canal Department:Utilities Caption:Motion to provide approval for Cranston Engineering Group to perform several tasks relating to the Augusta Canal, license requirements of the FERC and overall safety and security of the Augusta Canal first level. (Approved by Engineering Services Committee October 29, 2012) Background:Augusta Utilities is currently a license applicant to the FERC for a license covering operation of the first level of the Augusta Canal. FERC requires a certified, independent consultant inspect every aspect of the project every five years, known as a Part 12 D inspection. Thomas H. Robertson, PE, of Cranston Engineering Group, is the only local person certified by FERC to conduct Part 12 D inspections and prepare the reports and recommendations for continued maintenance of the first level canal. Mr. Robertson’s long association with the Augusta Canal makes him best suited to perform these inspections. FERC also requires that once a year, AUD hold a comprehensive emergency action plan (EAP) training session for local emergency management agencies that would be called on in the event of a canal emergency. Approval of this proposal will allow Mr. Robertson to conduct the next Part 12 D inspection and would ensure compliance with our EAP requirements through the year 2013. A final piece of this proposal would task Cranston Engineering with investigation of, and preparation of plans to repair, two areas along the canal where our personnel have noted potential issues that might become worse if left unattended. Analysis:Approval of this proposal will allow Cranston Engineering Group to continue to build on previously approved work on several key aspects of helping AUD to maintain the first level of the Augusta Canal. The first level, which begins at the headgates and continues for 7 ½ miles to 13th Street is considered the most critical level of the canal because it is the level AUD draws drinking water from for our customers and it is also the level from which all other canal users draw water for power generation. By approving this proposal, you will take steps toward ensuring this historically significant, yet still economically viable piece of the heart of Cover Memo Item # 21 Augusta remains intact and operating as designed. Financial Impact:Funds for this work are available from AUD account 507043410- 5212115 / 80320115-5212115. The total amount of the proposal is $317,195.00. Alternatives:No alternatives are recommended. Recommendation:We recommend approval of the Cranston Engineering Group proposal in the amount of $317,195.00. Funds are Available in the Following Accounts: Funds are available from the following accounts: 507043410- 5212115 / 80320115-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 21 Commission Meeting Agenda 11/8/2012 5:00 PM GDOT Roadway Lighting Agreement - (SR 4) Department:Abie L. Ladson, PE, CPESC, Director Caption:Motion to approve Roadway Lighting Agreement with the Georgia Department of Transportation along State Route 4 between Government Road and Milledgeville Road as requested by Traffic Engineering. (Approved by Engineering Services Committee October 29, 2012) Background: In Richmond County, Georgia State Route 4 is an urban principal arterial roadway that essentially begins at the Savannah River (13th Street Bridge) and runs southwest to the Jefferson County line. Along its current alignment, SR 4 changes routes several times from 13th Street to Walton Way to 15th Street to Martin Luther King Jr. Boulevard to Milledgeville Road, and finally to Deans Bridge Road. Currently, there is a proposed project by the GDOT to widen SR 4 along its 15th Street/MLK/Milledgeville Road alignment, between Government Road and Milledgeville Road and, in addition to roadway and aesthetic improvements; the project includes improvements to the street lighting system. To that end, for GDOT projects that include street lighting, GDOT will construct the system provided that the local government enters into a Roadway Lighting Maintenance and Operation Agreement. Analysis:Agreement would allow the streetlight installation as part of the project to move forward. Financial Impact:Operational Costs: Current cost per year $17,750, Estimated future Costs per year: Assuming a spacing of 70--1000w Mongoose, $31,770 cost per year. This will increase operating costs by approximalelty $14,100 per year.Cover Memo Item # 22 Alternatives:1. Approve entering into a Roadway Lighting Agreement with the Georgia Department of Transportation along SR 4 in conjunction with the widening project. 2. Do not approve and beautification project cannot proceed. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Street lights fund 276 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 22 1 of 5 AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA AND AUGUSTA, GEORGIA This Agreement is made and entered into this _______ day of ___________________, 2012, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the DEPARTMENT, and AUGUSTA, GEORGIA, acting by and through its Augusta, Georgia Commission. WHEREAS, Augusta, Georgia has represented to the DEPARTMENT a desire to obtain Roadway Lighting along SR 4/15th Street from Milledgeville Road to Government Road, said Lighting to be installed under STP00-0043-01(057) Richmond County P.I. No. 220680; and WHEREAS, Augusta, Georgia has represented to the DEPARTMENT a desire to participate in: 1) Providing the Energy and 2) the Operation and Maintenance of said lighting systems at the aforesaid location, and the DEPARTMENT has relied upon such representation; and Attachment number 1 \nPage 1 of 5 Item # 22 2 of 5 WHEREAS, the DEPARTMENT has indicated a willingness to fund the materials and installation for the said lighting systems at the aforesaid locations, with funds of the DEPARTMENT, funds apportioned to the DEPARTMENT by the Federal Highway Administration under Title 23, United States Code, Section 104, or a combination of funds from any of the above sources. NOW, THEREFORE, in consideration of the mutual promises made and of the benefits to flow from one to the other, the DEPARTMENT and Augusta, Georgia hereby agree each with the other as follows: 1. The DEPARTMENT or its assigns shall cause the installation of all materials and equipment necessary for Roadway Lighting along SR 4/15th Street from Milledgeville Road to Government Road in Augusta, Georgia, said Lighting to be installed under STP00-0043-01(057) Richmond County P.I. No. 220680, as shown on Attachment "A" attached hereto and made a part hereof. 2. Upon completion of installation of said lighting system, and acceptance by the DEPARTMENT, Augusta, Georgia shall assume full responsibility for the operation, the repair and the maintenance of the entire lighting system, including but not limited to repairs of any damages, replacement of lamps, ballasts, luminaires, lighting structures, associated equipment, conduit, wiring and service equipment, and the requirements of the Georgia Utility Facility Protection Act. Augusta, Georgia further agrees to provide and pay for all the energy required for the operation of said lighting system. Attachment number 1 \nPage 2 of 5 Item # 22 3 of 5 3. The DEPARTMENT shall retain ownership of all materials and various components of the entire lighting system. Augusta, Georgia, in its operation and maintenance of the lighting system, shall not in any way alter the type or location, or the design of any of the various components which make up the entire lighting system without prior written approval from the DEPARTMENT. 4. This Agreement is considered as continuing for a period of fifty (50) years from the date of execution of this Agreement. The DEPARTMENT reserves the right to terminate this Agreement, at any time for just cause, upon thirty (30) days written notice to Augusta, Georgia. 5. It is understood by Augusta, Georgia that the DEPARTMENT has relied upon Augusta, Georgia’s representation of providing for the energy, maintenance, and operation and repair of the lighting represented by this Agreement; therefore, if Augusta, Georgia elects to de-energize or fails to properly maintain or to repair the lighting system during the term of this Agreement, Augusta, Georgia shall reimburse the DEPARTMENT the materials cost for the lighting system. If Augusta, Georgia elects to de-energize or fails to properly operate, to repair, or to maintain any individual unit within the lighting system, Augusta, Georgia shall reimburse the DEPARTMENT for the material cost for the individual unit which will include all costs for the pole, luminaires, foundations, and associated wiring. The DEPARTMENT will provide Augusta, Georgia with a statement of material costs upon completion of the installation. The covenants herein contained shall, except as otherwise provided accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement the day and year first above written. Attachment number 1 \nPage 3 of 5 Item # 22 4 of 5 RECOMMENDED: AUGUSTA, GEORGIA BY: __________________________ MAYOR (SEAL) DEPARTMENT OF TRANSPORTATION _________________________ WITNESS BY________________________________ Commissioner _________________________ Notary Public (SEAL) This Agreement approved by Augusta, Georgia at a meeting held at ___________________________ this _____ day of _____________, ATTEST: 2012. ___________________________________ _________________________ Treasurer Clerk of Commission Attachment number 1 \nPage 4 of 5 Item # 22 5 of 5 Attachment “A” N Roadway Lighting Project: STP00-0043-01(057) Richmond County P.I. No. 220680- SR 4/15th Street from Milledgeville Road to Government Road Attachment number 1 \nPage 5 of 5 Item # 22 Commission Meeting Agenda 11/8/2012 5:00 PM MARVIN GRIFFIN ROAD IMPROVEMENTS - PHASE I Department:Abie L. Ladson, PE, CPESC, Director, Engineering Department Caption:Motion to approve award of Construction Contract to MABUS Brothers Construction Co., Inc. in the amount of $235,191.53 for Marvin Griffin Road Improvement Project – PHASE I subject to receipt of signed contracts and proper bonds. (Approved by Engineering Services Committee October 29, 2012) Background:The Augusta Engineering Department project consist of widening Marvin Griffin Road from a 2-lane road to a 4-lane roadway with curb and gutter, storm sewer system, and sidewalks. This is divided into two phases. Phase I scope consist of clearing the right-of-way and maintaining soil and erosion control measures throughout the corridor. Phase I purpose is to allow utility companies (e.g., electrical, gas, cable, etc.) to relocate their facilities before commencing construction work on the corridor (Phase II). The separation of the project into phases will help reduce delays. Analysis:ANALYSIS: Bids were received on September 4, 2012 with Mabus Brothers Construction Co., Inc., being the low bidder. The bid results are as follow: CONTRACTORS BASE BID MAINT. COST TOTAL 1. Mabus Brothers Const. $220,191.53 $15,000.00 $235,191.53 2. Reeves Construction $267,711.00 $100,000.00 $367,711.00 3. Blair Construction, Inc. $219,839.28 $180,000.00 $399,839.28 4. Beams Contracting $407,689.15 $220,000.00 $527,689.15 Note: The total maintenance cost is based on a ten- month period. It is the Engineering Department recommendation to award this project to the low bidder Mabus Brothers Construction Co, Inc. subject to receipt of proper bonds. Financial Impact:Funds are available in the construction budget 323-041110- 5414110/296823603-5414110. Alternatives:1) APPROVE AWARD OF CONSTRUCTION CONTRACT TO MABUS BROTHERS CONSTRUCTION CO., INC. IN THE AMOUNT OF $235,191.53 FOR MARVIN GRIFFIN ROAD IMPROVEMENT PROJECT – PHASE I, SUBJECT TO Cover Memo Item # 23 RECEIPT OF SIGNED CONTRACTS AND PROPER BONDS. 2) Do not approve, and cancel project. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: 323-041110-5414110/296823603-5414110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 23 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby authorized: Section 1: The project is authorized to CPB#323-041110-296823603. This CPB is to award the Construction Contract to Mabus Brothers Construction in the amount of $235,191.53 - Phase I, subject to reciept of signed contracts and proper bonds Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Special 1% Sales Tax, Phase II 2,091,400$ Special 1% Sales Tax, Phase III 1,375,600$ Augusta Utilities 36,230$ 3,503,230$ Section 3: The following amounts are appropriated for the project: By Basin By District Rocky, Butler & Phinzy Swamp 3,503,230$ 1st & 2nd 3,503,230$ 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 (S.R. 56 to S.R. 56 Spur) for the AED. CPB#323-041110-296823603 CAPITAL PROJECT BUDGET MARVIN GRIFFIN ROAD Do not process until Commission approved; Contact Shelette McCrae @ 5070 1 of 4 Attachment number 1 \nPage 1 of 4 Item # 23 Augusta-Richmond County, Georgia (S.R. 56 to S.R. 56 Spur) CPB#323-041110-296823603 CAPITAL PROJECT BUDGET MARVIN GRIFFIN ROAD 2 of 4 Attachment number 1 \nPage 2 of 4 Item # 23 Augusta-Richmond County, Georgia (S.R. 56 to S.R. 56 Spur) CPB#323-041110-296823603 CAPITAL PROJECT BUDGET MARVIN GRIFFIN ROAD CPB AMOUNT CPB NEW SOURCE OF FUNDS CPB CHANGE CPB SPECIAL 1% SALES TAX, PHASE III 323-041110-0000000-000000000 ($1,375,600) ($1,375,600) 322-041110-0000000-000000000 ($2,091,400) ($2,091,400) 507043410-5212115-80900030 (AUD $36,230) TOTAL SOURCES: ($3,467,000) ($3,467,000) USE OF FUNDS ADVERTISING 323-041110-5233119-296823603 $2,000 $2,000 ENGINEERING 323-041110-5212115-296823603 $201,050 $201,050 RIGHT OF WAY 323-041110-5411120-296823603 $150,000 $150,000 RAILROAD PERMIT 323-041110-5414610-296823603 $30,000 $30,000 CONSTRUCTION 323-041110-5414110-296823603 $2,568,464 $2,568,464 UTILITY RELOCATION 323-041110-5414510-296823603 $515,486 $515,486 AUGUSTA UTILITIES 507043410-5212115-80900030 OTHER FUNDING $36,230 3 of 4 Attachment number 1 \nPage 3 of 4 Item # 23 Augusta-Richmond County, Georgia (S.R. 56 to S.R. 56 Spur) CPB#323-041110-296823603 CAPITAL PROJECT BUDGET MARVIN GRIFFIN ROAD TOTAL USES: $3,467,000 $0 $3,467,000 4 of 4 Attachment number 1 \nPage 4 of 4 Item # 23 Invitation To Bid Sealed bids will be received at this office until Tuesday, August 28, 2012 @ 3:00 p.m. for furnishing: Bid Item #12-180 Marvin Griffin Road Improvements – Phase I for Engineering Department BID’s will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 BID documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and specifications which are non- refundable are $200.00. It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this policy the Owner is providing the opportunity to view plans online (www.augustablueprint.com) at no charge through Augusta Blue Print (706) 722-6488 beginning Thursday, July 19, 2012. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is material to the successful completion of the project. Bidders are cautioned that acquisition of documents through any other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. A Mandatory Pre-Bid Conference will be conducted at the Procurement Department, 530 Greene Street, Room 605 on Tuesday, August 14, 2012 @ 10:00 a.m. in the conference room. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, August 16, 2012 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No BID may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid Bond is required to be submitted in a separate envelope so marked along with the bidder’s qualifications’ a 100% performance bond and a 100% payment bond will be required for award. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 19, 26, 2012 and August 2, 9, 2012 Metro Courier July 25, 2012 cc: Tameka Allen Deputy Administrator Abie Ladson Engineering Department Hameed Malik Engineering Department Revised: 8/15/2011 Attachment number 2 \nPage 1 of 1 Item # 23 VENDORS Attachment B E-Verify # Addendums 1 Bid Bond Base Bid Site Maintenance/Month Blair Construction P. O. Box 770 Evans, GA 30809 YES 224004 YES YES $219,839.28 $18,000.00 Mabus Construction 920 Molly Pond Road Augusta, GA 30901 YES 91818 YES YES $220,191.53 $1,500.00 Reeves Construction 1 APAC Industrial Way Augusta, GA 30907 YES 48048 YES YES $267,711.00 $10,000.00 Beam's Contracting 15030 Atomic Road Beech Island, SC 29842 YES 167300 YES YES $407,689.15 $22,000.00 Bid Item #12-180 Marvin Griffin Road Improvements - Phase I for Augusta, Georgia - Engineering Department Bid Due: Tuesday, September 4, 2012 @ 3:00 p.m. Page 1 of 1 At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 1 It e m # 2 3 Attachment number 4 \nPage 1 of 1 Item # 23 Attachment number 5 \nPage 1 of 1 Item # 23 Attachment number 6 \nPage 1 of 3 Item # 23 Attachment number 6 \nPage 2 of 3 Item # 23 Attachment number 6 \nPage 3 of 3 Item # 23 Commission Meeting Agenda 11/8/2012 5:00 PM Street Lighting Poles and Fixtures, Bid 12-189 Department:Abie L. Ladson, P.E., CPESC, Director Caption:Motion to approve the awarding of low bid #12-189 in the amount of $88,138. To General Electric Co. (GEXPRO) for street light poles and fixtures for replacements/repairs in the Augusta Richmond County Urban areas for a period of one year. The funds are available in the Street Lighting budget account No. 2760416105311640. (Approved by Engineering Services Committee October 29, 2012) Background:This is an annual bid process Analysis:Review of Bids. Financial Impact:Adequate funds are available and expenditure of this amount will leave $11,862. which is sufficient for any emergencies that may arise before the end of the year. Alternatives:General Electric $88,138. Mayer Electric $90,518. Graybar $93,880 Recommendation:Approve low bid of General Electric #12-189. Funds are Available in the Following Accounts: 2760416105311640 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 24 Invitation to Bid Sealed bids will be received at this office until Wednesday, September 5, 2012 @ 11:00 a.m. for furnishing: Bid Item 12-189 Street Lighting Poles and Fixtures for Traffic Engineering – Engineering Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, August 17, 2012 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 26, August 2, 9, 16, 2012 Metro Courier August 1, 2012 cc: Tameka Allen Deputy Administrator Abie Ladson Engineering Department Hameed Malik Engineering Department Steve Cassell Traffic Engineering Charles Gifford Traffic Engineering Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 24 Vendors: General Electric Co (GEXPRO) 1547 15th Street Augusta, GA 30901 Mayer Electric 1259 Augusta West Pkwy Augusta, GA 30909 Graybar 3222 Mike Padgett Hwy Augusta, GA 30906 Terracast Products LLC 1100 S Powerline Rd Deerfield Beach FL 33442 Attachment B YES YES YES E-Verify #375667 100392 140845 Quan (10) (TS-3) Delivery 8 to 10 weeks ARO Not Stated Not Stated Unit Price $1,135.00 $1,165.00 $1,220.00 Total $11,350.00 $11,650.00 $12,200.00 Quan (20) (TS-4) Delivery 8 to 10 weeks ARO Not Stated Not Stated Unit Price $992.00 $1,019.00 $1,070.00 Total $19,840.00 $20,380.00 $21,400.00 Quan (12) (TS-5) Delivery 8 to 10 weeks ARO Not Stated Not Stated Unit Price $3,854.00 $3,959.00 $4,065.00 Total $46,248.00 $47,508.00 $48,780.00 Quan (10) (TS-6) Delivery 8 to 10 weeks ARO Not Stated Not Stated Unit Price $1,070.00 $1,098.00 $1,150.00 Total $10,700.00 $10,980.00 $11,500.00 Gramd Total $88,138.00 $90,518.00 $93,880.00 Bid Opening Bid Item #12-189 Street Lighting Poles and Fixtures for Augusta, Georgia - Traffic Engineering – Engineering Department Bid Due: Wednesday, September 5, 2012 @ 11:00 a.m. The following vendors did respond: Consolidated Electrical Distributors / 1244 Gordon Pk / Augusta, GA 30909 Hagemeyer / 1730 Barton Chapel Rd. / Augusta, GA 30909 E. Sam Jones / 3316 Sandpiper Ln / Augusta, GA 30907 Electical Equipment Company / 1431 Marvin Griffin / Augusta, GA 30906 NON-COMPLIANT MISSING E-VERIFY # Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 24 Attachment number 3 \nPage 1 of 4 Item # 24 Attachment number 3 \nPage 2 of 4 Item # 24 Attachment number 3 \nPage 3 of 4 Item # 24 Attachment number 3 \nPage 4 of 4 Item # 24 Attachment number 4 \nPage 1 of 1 Item # 24 Commission Meeting Agenda 11/8/2012 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held October 16 and Special Called Meeting held October 22 & 29, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 25 Commission Meeting Agenda 11/8/2012 5:00 PM Animal Control District 2 Apptt. Department: Caption:Motion to approve the appointment of Mr. Randy Wishard to the Augusta Animal Control Board representing District 2. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 26 Attachment number 1 \nPage 1 of 1 Item # 26 Commission Meeting Agenda 11/8/2012 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: Cover Memo Item # 27