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HomeMy WebLinkAbout2012-11-20-Meeting Agenda Commission Meeting Agenda Commission Chamber 11/20/2012 5:00 PM INVOCATION: Reverend Chavis L. Boyd, Pastor, Mt.Vernon Missionary Baptist Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. RECOGNITION(S) Juriah Lewis A. The Augusta Public Transit System Map recently received the 2012 Savvy Award of Excellence from the City-County Communication and Association (3CMA) Savvy Award Programs. Attachments Five (5) minute time limit per delegation DELEGATIONS B. Mr. Andy Cheek regarding the continued degradation of the center of the Augusta Canal's Diversion Dam and the need for immediate attention. Attachments C. Mr. Michael J.Walraven-regarding concerns pertaining to the new Business Improvement District Management Plan. Attachments CONSENT AGENDA (Items 1-21) PLANNING 1. Z-12-60 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Charles Black requesting a Special Exception in a P-1 (Professional) Zone to establish an Adult Day Care Center per Section 26-1(e) of the Comprehensive Zoning Attachments Ordinance affecting property containing .59 acres and is known as 3408 Peach Orchard Road. Tax Map 133-1-026-00-0 DISTRICT 6 2. Z-12-61 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) no waste or salvage material may be stored on the property and 2) only waste/garbage vehicles that have been cleaned off site may be parked on the subject property; a petition by David Rivers, on behalf of Broome Holdings, Inc., requesting a Special Exception in an HI (Heavy Industry) Zone to establish a waste management operation per Section 24-2 (17) of the Comprehensive Zoning Ordinance affecting property containing approximately 10 acres and is known as 3925 Goshen Industrial Boulevard. Tax Map 184-2-001-00-0 DISTRICT 8 Attachments 3. Z-12-62 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Patrick J. Rice, on behalf of Berckman Residential Properties LLC, requesting a Special Exception to establish support vehicle parking for the Augusta National Golf Club per Section 8-2(b) of the Comprehensive Zoning Ordinance affecting property containing approximately .64 acres and is known as 2726 Cherry Lane. Tax Map 018-0-104-00-0 DISTRICT 7 Attachments 4. Z-12-63 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Phillip Hibbard, on behalf of James E. Davis Jr., requesting a changing of zoning from Zone R-1 (One-family Residential) to Zone R-1C (One-family Residential) with a Special Exception to establish a detached patio home development per Section 11-2(a) of the Comprehensive Zoning Ordinance affecting property containing approximately 1.61 acres and is known as 1219 and 1227 Reid Road. Tax Map 032-4-035-00-0 & 032-4-040-00-0 DISTRICT 3 Attachments 5. Z-12-64 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Beverly and Jerry O’Hara, on behalf of Betty Standard, a change of zoning from Zone P-1 (Professional) to Zone R-1 (One-family Residential) affecting property containing approximately 1.97 acres and is known as 224 Davis Road. Tax Map 016-0-033-01-0 DISTRICT 7 Attachments 6. Z-12-65 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Marie Jenkins, on behalf of Calvary Temple Church of Augusta, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone B-2 (General Business) affecting property containing approximately 1.81 acres and is known as 3343 Peach Orchard Road. Tax Map 122-3-020-00-0 & 122-3-020-02- 0 DISTRICT 6 Attachments 7. Z-12-66 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Mark and Chris Senn, on behalf of Nixon Trust, requesting a modification of conditions placed on approximately 44 acres that were the subject of previous zoning cases, the last one being Z-08-38 for B-1 (Neighborhood Business) with a Special Exception to allow individual buildings in a shopping center to exceed 15,000 square feet in area per Section 21-2(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing five land parcels totally 44.4 acres located on the northeast corner of the intersection of Walton Way Extension and Interstate 20. (Tax Map 016-0-055-00-0; 016-0-052-01-0, 016-0-052-00-0; 016-0-051-01-0 and 016-0-051-00-0 DISTRICT 7 1. There shall be no development or other encroachment in the 100 year floodplain except for connections to sewer lines if necessary; 2. The only access to the property shall be a new intersection on Walton Way Extension in the vicinity of Hebron Court to be paid for by the developer of the subject property. This intersection shall also provide access to the apartment complex across Walton Way Extension. The intersection shall be signalized and the cost of equipment and installation shall be borne by the developer of the subject property. If a signal is determined not to be required by AASHTO standards at this new intersection based upon a traffic study provided by the developer and agreed upon by the City then the developer will put up a letter of credit in an amount to be determined by the City to cover the cost of signalization if it is deemed necessary within 3 years. 3. The only access to Walton Way Extension except at the new signalized intersection would be a right in-right out access point that serves the entire development. If out parcels fronting on Walton Way Extension are created there shall be no access easements placed on plats and deed of such parcels except for the one right in-right out access point. 4. Illumination at the rear of the complex is a potential impact that can be mitigated by the following: § A fence, wall or solid vegetative screen shall be located outside the entire floodplain at least six (6) feet in height above the ground elevation or elevation of any retaining wall or fill at that location. § For building walls facing the floodplain on the creek side of the property, all building wall lights shall be directed down the building, not outward; § In the rear parking area Attachments there shall be full cutoff lighting that does not shine into the floodplain. 5. That the only development of this property other than development allowed in the R-1 and R-1A zones shall be a mixed use commercial and multiple-family residential use consistent with the concept plan presented in Z-12-66. If site plans for such development are not presented within two years of approval of the rezoning then the zoning of this property reverts to R-1A. If development of the property does not begin within three years of approval of the rezoning, then the zoning classification reverts to R-1A. 6. That the Stormwater facility shall be built to accommodate a 100 year storm and release it at no more than 90% of the predevelopment rate. 8. Z-12-67 – A request for concurrence with the Augusta Georgia Planning Commission to approvewith the condition that the new development conform to all fire codes; a petition by Allen Woodward, on behalf of Woodward Enterprises, requesting to modify conditions from 2003 zoning case (Z-03-02) thereby allowing access to Bowers Road for six new affecting property containing six land parcels totally approximately 5.16 acres and is known as 1704-1714 (even numbers only) Bowers Road. Tax Map 170-4-006-00-0, 170-4-007-00-0, 170-4-008-00-0, 170- 4-009-00-0, 170-4-010-00-0, & 170-4-011-00-0 DISTRICT 8 Attachments 9. Z-12-68 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Greg Page, on behalf of Belle Terrace United Presbyterian Church, requesting a change of zoning from Zone R-3C (Multiple-family Residential) to Zone P-1 (Professional) affecting property containing approximately 7.08 acres and is known as 2455 and 2467 Golden Camp Road. Tax Map 096-2- 076-01-0 DISTRICT 5 Attachments PUBLIC SERVICES 10. Motion to approve New Ownership Application: A. N. 12 - 43: A request by Ritaben Patel for a retail package Liquor, Beer & Wine license to be used in connection with Hiral Enterprises, Inc. DBA H & S Wine & Spirits located at 3150 Wrightsboro Rd., Suite B. District 5. Super District 9. (Approved by Public Services Committee November 12, 2012) Attachments 11. Motion to approve New Ownership Application: A. N. 12 - 44: A request by Ritaben Patel for a retail package Beer & Wine license to be Attachments used in connection with Hiral Enterprise, Inc. DBA Super Express #1 located at 3150 Wrightsboro Rd. District 5. Super District 9. (Approved by Public Services Committee November 12, 2012) 12. Motion to approve New Ownership Application: A. N. 12 - 45: request by Matthew Widener for an on premise consumption Liquor, Beer & Wine license to be used in connection with Surreal At Surrey located at 469 Highland Ave. There will be Dance. District 7. Super District 10. (Approved by Public Services Committee November 12, 2012) Attachments 13. Motion to approve New Application: A. N. 12 - 46: request by Jasmin Bradley for an on premise consumption Beer license to be used in connection with Maria's Island Restaurant, LLC located at 2579 Tobacco Rd. There will be Dance. District 4. Super District 9. (Approved by Public Services Committee November 12, 2012) Attachments 14. Motion to approve a request by the Planning & Development Department Licensing Division to renew all current Alcohol Beverage Licenses as well as Adult Entertainment Establishments, Arcades and Dance Halls for the year 2013. There will be Dance. There will be Sunday Sales. District 1 tnru 8. Super District 9 & 10. (Approved by Public Services Committee November 12, 2012) Attachments PUBLIC SAFETY 15. Motion to approve of Georgia Health Sciences University to serve as the Medical Director for the Augusta Fire Department EMS program. (Approved by Public Safety Committee November 12, 2012) Attachments 16. Motion to approve authorization of funds ($11,055.00) for the Richmond County Sheriff's Office Multi-Jurisdictional K-9 Task Force. (Approved by Public Safety Committee November 12, 2012) Attachments 17. Motion to approve Award Bid 12-186 Fiber Installers to CCU/Southeast Utilities for the Traffic Engineering Department and the Sheriff's Office. (Approved by Public Safety Committee November 12, 2012) Attachments 18. Motion to award three (3) year contract for telephone services to AT&T (Approved by Public Safety Committee November 12, 2012) . Attachments FINANCE 19. Motion to approve the replacement of two agricultural tractors for the Augusta Engineering Department – Maintenance Division. (Approved by Finance Committee November 12, 2012) Attachments 20. Motion to approve the continuation of the GPS tracking service subscription with GPS North America and approve purchase of thirty additional units including tracking subscription. (Approved by Finance Committee November 12, 2012) Attachments PETITIONS AND COMMUNICATIONS 21. Motion to approve the minutes of the regular meeting of the Commission held November 8 and Special Called Meeting held November 12, 2012. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 11/20/2012 AUGUSTA COMMISSION REGULAR AGENDA 11/20/2012 (Items 22-38) ADMINISTRATIVE SERVICES 22. Approve the renewal of existing Master Services Agreement with ADP to provide Health and Welfare services and Time and Labor Management services for Augusta, GA employees. Attachments 23. An Ordinance to amend, update and make certain corrections to the Augusta, GA Code, Title Eight, Chapter Three Article One Section 8-3-1 relating to the incorporation of the Land Subdivision Regulations Article One through Article Six to repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date and for the other purposes provided herein. Attachments 24. Discuss Augusta Youth Center Lease Agreement. (Requested by Commissioner Matt Aitken) (Referred from October 29 Administrative Services Committee) Attachments 25. Motion to uphold denial of bid protest regarding RFP # 12-182 Third Party Administrator/Administrative Services Only filed by Meritain Health, Inc. Attachments 26. Motion to approve the minutes of the Administrative Services Committee held on October 29, 2012. Attachments ENGINEERING SERVICES 27. Approve construction contract award to Lakeshore Engineering LLC in the amount of $1,334,492.00. Attachments 28. Approve Avrett Plumbing Company, Inc. in the amount of $229,200.13 for cleaning of sanitary sewer systems to be performed under Account Number 506043410-52232220. Attachments 29. Approve proposal for Augusta Utilities to provide Water Operations and Lab Assistance to East Central Georgia Regional Hospital at Gracewood (Gracewood). Attachments 30. Presentation by Ms. Gail Kelly regarding her sewer line tie-in. Attachments 31. Motion to approve and accept the water and gravity sanitary sewer Deed of Dedication and Maintenance Agreement for Heritage Park. Attachments Upcoming Meetings 32. Motion to approve a contract with the Georgia Department of Transportation (GDOT) for the James Brown Blvd. Streetscape Project as requested by AED-Traffic Engineering. Attachments 33. Motion to approve the minutes of the Engineering Services Committee held on October 29, 2012. Attachments 34. An Ordinance to amend, update, and make certain corrections to the Augusta, Georgia Code, Title Seven Chapter Three Article Two Section 7-3-8 through 7-3-10; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other other purposes provided herein. Attachments 35. Discuss/approve stormwater fee. (Requested by Commissioner Mason) Attachments 36. Approve Utilities Sole Source Purchase of Meters from Clayton County. Attachments ADMINISTRATOR 37. Motion to approve Augusta-Richmond County Proposed FY 2013 Budget. Attachments LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 38. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. www.augustaga.gov Commission Meeting Agenda 11/20/2012 5:00 PM Invocation Department: Caption:Reverend Chavis L. Boyd, Pastor, Mt.Vernon Missionary Baptist Church. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 1 Commission Meeting Agenda 11/20/2012 5:00 PM Juriah Lewis Department: Caption:The Augusta Public Transit System Map recently received the 2012 Savvy Award of Excellence from the City-County Communication and Association (3CMA) Savvy Award Programs. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 2 Attachment number 1 \nPage 1 of 2 Item # 2 Attachment number 1 \nPage 2 of 2 Item # 2 Commission Meeting Agenda 11/20/2012 5:00 PM Andy Cheek Department: Caption:Mr. Andy Cheek regarding the continued degradation of the center of the Augusta Canal's Diversion Dam and the need for immediate attention. 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 11/20/2012 5:00 PM Michael J.Walraven Department: Caption:Mr. Michael J.Walraven-regarding concerns pertaining to the new Business Improvement District Management Plan. 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 1 Item # 4 Commission Meeting Agenda 11/20/2012 5:00 PM Z-12-60 Department:Planning Commission Caption: Z-12-60 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Charles Black requesting a Special Exception in a P-1 (Professional) Zone to establish an Adult Day Care Center per Section 26-1(e) of the Comprehensive Zoning Ordinance affecting property containing .59 acres and is known as 3408 Peach Orchard Road. Tax Map 133-1-026-00-0 DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 5 Commission Meeting Agenda 11/20/2012 5:00 PM Z-12-61 Department:Planning Commission Caption: Z-12-61 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the following conditions 1) no waste or salvage material may be stored on the property and 2) only waste/garbage vehicles that have been cleaned off site may be parked on the subject property; a petition by David Rivers, on behalf of Broome Holdings, Inc., requesting a Special Exception in an HI (Heavy Industry) Zone to establish a waste management operation per Section 24-2 (17) of the Comprehensive Zoning Ordinance affecting property containing approximately 10 acres and is known as 3925 Goshen Industrial Boulevard. Tax Map 184-2-001-00-0 DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 6 Commission Meeting Agenda 11/20/2012 5:00 PM Z-12-62 Department:Planning Commission Caption: Z-12-62 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Patrick J. Rice, on behalf of Berckman Residential Properties LLC, requesting a Special Exception to establish support vehicle parking for the Augusta National Golf Club per Section 8-2(b) of the Comprehensive Zoning Ordinance affecting property containing approximately .64 acres and is known as 2726 Cherry Lane. Tax Map 018-0-104-00-0 DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 7 Commission Meeting Agenda 11/20/2012 5:00 PM Z-12-63 Department:Planning Commission Caption: Z-12-63 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Phillip Hibbard, on behalf of James E. Davis Jr., requesting a changing of zoning from Zone R-1 (One-family Residential) to Zone R-1C (One- family Residential) with a Special Exception to establish a detached patio home development per Section 11-2(a) of the Comprehensive Zoning Ordinance affecting property containing approximately 1.61 acres and is known as 1219 and 1227 Reid Road. Tax Map 032-4-035-00-0 & 032-4-040-00-0 DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 8 Commission Meeting Agenda 11/20/2012 5:00 PM Z-12-64 Department:Planning Commission Caption: Z-12-64 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Beverly and Jerry O’Hara, on behalf of Betty Standard, a change of zoning from Zone P-1 (Professional) to Zone R-1 (One-family Residential) affecting property containing approximately 1.97 acres and is known as 224 Davis Road. Tax Map 016-0-033-01-0 DISTRICT 7 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 9 Commission Meeting Agenda 11/20/2012 5:00 PM Z-12-65 Department:Planning Commission Caption: Z-12-65 – A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Marie Jenkins, on behalf of Calvary Temple Church of Augusta, requesting a change of zoning from Zone R-1A (One-family Residential) to Zone B- 2 (General Business) affecting property containing approximately 1.81 acres and is known as 3343 Peach Orchard Road. Tax Map 122-3-020-00-0 & 122-3-020-02-0 DISTRICT 6 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 10 Commission Meeting Agenda 11/20/2012 5:00 PM Z-12-66 Department:Planning Commission Caption:Z-12-66 – A request for concurrence with the Augusta Georgia Planning Commission to approve with the conditions listed below a petition by Mark and Chris Senn, on behalf of Nixon Trust, requesting a modification of conditions placed on approximately 44 acres that were the subject of previous zoning cases, the last one being Z-08-38 for B-1 (Neighborhood Business) with a Special Exception to allow individual buildings in a shopping center to exceed 15,000 square feet in area per Section 21-2(a) of the Comprehensive Zoning Ordinance for Augusta, Georgia affecting property containing five land parcels totally 44.4 acres located on the northeast corner of the intersection of Walton Way Extension and Interstate 20. (Tax Map 016-0-055-00-0; 016-0-052-01-0, 016-0-052-00-0; 016-0-051-01- 0 and 016-0-051-00-0 DISTRICT 7 1. There shall be no development or other encroachment in the 100 year floodplain except for connections to sewer lines if necessary; 2. The only access to the property shall be a new intersection on Walton Way Extension in the vicinity of Hebron Court to be paid for by the developer of the subject property. This intersection shall also provide access to the apartment complex across Walton Way Extension. The intersection shall be signalized and the cost of equipment and installation shall be borne by the developer of the subject property. If a signal is determined not to be required by AASHTO standards at this new intersection based upon a traffic study provided by the developer and agreed upon by the City then the developer will put up a letter of credit in an amount to be determined by the City to cover the cost of signalization if it is deemed necessary within 3 years. 3. The only access to Walton Way Extension except at the new signalized intersection would be a right in-right out access point that serves the entire development. If out parcels fronting on Walton Way Extension are created there shall be no access easements placed on plats and deed of such parcels except for the one right in-right out access point. 4. Illumination at the rear of the complex is a potential impact that can be mitigated by the following: § A fence, wall or solid vegetative screen shall be located outside the entire floodplain at least six (6) feet in height above the ground elevation or elevation of any retaining wall or fill at that location. § For building walls Cover Memo Item # 11 facing the floodplain on the creek side of the property, all building wall lights shall be directed down the building, not outward; § In the rear parking area there shall be full cutoff lighting that does not shine into the floodplain. 5. That the only development of this property other than development allowed in the R-1 and R-1A zones shall be a mixed use commercial and multiple-family residential use consistent with the concept plan presented in Z-12- 66. If site plans for such development are not presented within two years of approval of the rezoning then the zoning of this property reverts to R-1A. If development of the property does not begin within three years of approval of the rezoning, then the zoning classification reverts to R-1A. 6. That the Stormwater facility shall be built to accommodate a 100 year storm and release it at no more than 90% of the predevelopment rate. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 11 Commission Meeting Agenda 11/20/2012 5:00 PM Z-12-67 Department:Planning Commission Caption: Z-12-67 – A request for concurrence with the Augusta Georgia Planning Commission to approvewith the condition that the new development conform to all fire codes; a petition by Allen Woodward, on behalf of Woodward Enterprises, requesting to modify conditions from 2003 zoning case (Z-03-02) thereby allowing access to Bowers Road for six new affecting property containing six land parcels totally approximately 5.16 acres and is known as 1704-1714 (even numbers only) Bowers Road. Tax Map 170-4-006-00-0, 170-4-007-00-0, 170-4-008-00-0, 170-4- 009-00-0, 170-4-010-00-0, & 170-4-011-00-0 DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 12 Commission Meeting Agenda 11/20/2012 5:00 PM Z-12-68 Department:Planning Commission Caption: Z-12-68 - A request for concurrence with the Augusta Georgia Planning Commission to approve a petition by Greg Page, on behalf of Belle Terrace United Presbyterian Church, requesting a change of zoning from Zone R-3C (Multiple-family Residential) to Zone P-1 (Professional) affecting property containing approximately 7.08 acres and is known as 2455 and 2467 Golden Camp Road. Tax Map 096-2-076-01-0 DISTRICT 5 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Item # 13 Commission Meeting Agenda 11/20/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 12 - 43: A request by Ritaben Patel for a retail package Liquor, Beer & Wine license to be used in connection with Hiral Enterprises, Inc. DBA H & S Wine & Spirits located at 3150 Wrightsboro Rd., Suite B. District 5. Super District 9. (Approved by Public Services Committee November 12, 2012) Background:This is a new ownership application. Formerly in the the of Jamilla Fazalbhoy. 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 $2182.50. 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 # 14 Attachment number 1 \nPage 1 of 2 Item # 14 Attachment number 1 \nPage 2 of 2 Item # 14 Commission Meeting Agenda 11/20/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 12 - 44: A request by Ritaben Patel for a retail package Beer & Wine license to be used in connection with Hiral Enterprise, Inc. DBA Super Express #1 located at 3150 Wrightsboro Rd. District 5. Super District 9. (Approved by Public Services Committee November 12, 2012) Background:This is a new ownership application. Formerly in the name of Jamilla Fazalbhoy. 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 # 15 Attachment number 1 \nPage 1 of 2 Item # 15 Attachment number 1 \nPage 2 of 2 Item # 15 Commission Meeting Agenda 11/20/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Ownership Application: A. N. 12 - 45: request by Matthew Widener for an on premise consumption Liquor, Beer & Wine license to be used in connection with Surreal At Surrey located at 469 Highland Ave. There will be Dance. District 7. Super District 10. (Approved by Public Services Committee November 12, 2012) Background:This is a new ownership application. Formerly in the name of Robert Finiguerra. 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 $2303.50. 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 # 16 Attachment number 1 \nPage 1 of 2 Item # 16 Attachment number 1 \nPage 2 of 2 Item # 16 Commission Meeting Agenda 11/20/2012 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Application: A. N. 12 - 46: request by Jasmin Bradley for an on premise consumption Beer license to be used in connection with Maria's Island Restaurant, LLC located at 2579 Tobacco Rd. There will be Dance. District 4. Super District 9. (Approved by Public Services Committee November 12, 2012) Background:This is a new application. 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 $433.50. 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 # 17 Attachment number 1 \nPage 1 of 2 Item # 17 Attachment number 1 \nPage 2 of 2 Item # 17 Commission Meeting Agenda 11/20/2012 5:00 PM Alcohol Applications Department:Planning & Development Caption:Motion to approve a request by the Planning & Development Department Licensing Division to renew all current Alcohol Beverage Licenses as well as Adult Entertainment Establishments, Arcades and Dance Halls for the year 2013. There will be Dance. There will be Sunday Sales. District 1 tnru 8. Super District 9 & 10. (Approved by Public Services Committee November 12, 2012) Background:These are all current license holders. Analysis:The applicants meet the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact: 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 # 18 Attachment number 1 \nPage 1 of 1 Item # 18 Commission Meeting Agenda 11/20/2012 5:00 PM ADP Renewal of Master Services Agreement Department:Human Resources Caption:Approve the renewal of existing Master Services Agreement with ADP to provide Health and Welfare services and Time and Labor Management services for Augusta, GA employees. Background:ADP currently provides Health and Welfare services (automated benefits services) and Time and Labor Management services (automated time tracking) for Augusta, GA employees. On October 2, 2012 Augusta received notice of renewal of the contract to provide these services. Analysis:There are no new services associated with this renewal - this is simply a continuation of the existing services that are provided by ADP. There is a 2.3% increase added to Health and Welfare services for 2013. There is no increase for Time and Labor Management services planned at this time. The total projected cost for 2013 will be $519,300. Financial Impact: Alternatives:Do Not Approve ADP Renewal of Master Services Agreement Recommendation:Approve ADP Renewal of Master Services Agreement Funds are Available in the Following Accounts: This will be funded from 101015510 and 616015221 for 2013. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 19 Clerk of Commission Cover Memo Item # 19 Attachment number 1 \nPage 1 of 2 Item # 19 Attachment number 1 \nPage 2 of 2 Item # 19 Commission Meeting Agenda 11/20/2012 5:00 PM An Ordinance to amend, update, and make certain corrections to the Augusta, GA. Code Section 8-3-1 - Land Subdivision Regulations. Department:Planning & Development Department Caption:An Ordinance to amend, update and make certain corrections to the Augusta, GA Code, Title Eight, Chapter Three Article One Section 8-3-1 relating to the incorporation of the Land Subdivision Regulations Article One through Article Six to repeal all ordinances and parts of ordinances in conflict herewith; to provide an effective date and for the other purposes provided herein. Background:There is a need to make technical revisions to this Code Section to ensure accuracy and cohesiveness with respect to prior ordinances approved by the Commission. No substantive amendments are proposed by this revision. Analysis:The Home Rule Provision within the State of Georgia Constitution enacted in 1983, grants the governing authority of any county or municipality within the State of Georgia the power to: establish planning commissions; provide for the preparation and amendment of overall plans for the orderly growth and development of the municipalities and counties; provide for the regulation of structures on mapped streets, public building sites, and public open spaces; repeal conflicting laws; and for other purposes; and The Augusta, GA Planning Commission, created and organized under the terms of the aforementioned Home Rule Provision, made a study and analysis of the areas of Augusta, GA and presented an Ordinance regulating the subdivision of land in Augusta, Georgia; requiring and regulating the preparation and presentation of development plans and final plats for such improvements to be made or guaranteed to be made by the subdivider; setting forth the procedure to be followed by the Augusta, GA Planning & Development Department in applying these rules, regulations, and standards; and prescribing penalties for the violation of these rules, regulations, and standards; and The Augusta, GA Commission approved the “Land Subdivision Regulations” Ordinance No. 6175 on July 6, 1999; further amended by Ordinance No. 7288 enacted September 6, 2011; and Since adoption of Ordinance No. 6175 and Ordinance No. 7288, Cover Memo Item # 20 Augusta, GA identified areas of the Augusta, GA. Code Title Eight Article 1 Section 8-3-1 regarding the “Land Subdivision Regulations”; requiring, refinement, clarification and correction; and The refinement, clarification and correction as set forth in this ordinance properly accounts for Augusta, GA. Code Section 8-3-1 Incorporation of the Land Subdivision Regulations Article One through Article Six. Financial Impact:N/A Alternatives:N/A Recommendation:Approve. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Administrator Clerk of Commission Cover Memo Item # 20 ORDINANCE NO. _________________ AN ORDINANCE TO AMEND, UPDATE, AND MAKE CERTAIN CORRECTIONS TO THE AUGUSTA, GA. CODE, TITLE EIGHT, CHAPTER THREE ARTICLE ONE SECTION 8-3-1 RELATING TO THE INCORPORATION OF THE LAND SUBDIVISON REGULATIONS ARTICLE ONE THROUGH ARTICLE SIX TO REPEAL ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED HEREIN. WHEREAS, the Home Rule Provision within the State of Georgia Constitution enacted in 1983, grants the governing authority of any county or municipality within the State of Georgia the power to: establish planning commissions; provide for the preparation and amendment of overall plans for the orderly growth and development of the municipalities and counties; provide for the regulation of structures on mapped streets, public building sites, and public open spaces; repeal conflicting laws; and for other purposes; and WHEREAS, Augusta, GA Planning Commission, created and organized under the terms of the aforementioned Home Rule Provision, made a study and analysis of the areas of Augusta, GA and presented an Ordinance regulating the subdivision of land in Augusta, Georgia; requiring and regulating the preparation and presentation of development plans and final plats for such improvements to be made or guaranteed to be made by the subdivider; setting forth the procedure to be followed by the Augusta, GA Planning & Development Department in applying these rules, regulations, and standards; and prescribing penalties for the violation of these rules, regulations, and standards; and WHEREAS, Augusta, GA Commission approved the “Land Subdivision Regulations” Ordinance No. 6175 on July 6, 1999; further amended by Ordinance No. 7288 enacted September 6, 2011; and WHEREAS, Since adoption of Ordinance No. 6175 and Ordinance No. 7288, Augusta, GA identified areas of the AUGUSTA, GA. CODE Title Eight Article 1 Section 8-3-1 regarding the “Land Subdivision Regulations”; requiring, refinement, clarification and correction; and WHEREAS, the refinement, clarification and correction as set forth in this ordinance properly accounts for AUGUSTA, GA. CODE Section 8-3-1 Incorporation of the Land Subdivision Regulations Article One through Article Six. NOW THEREFORE, THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION 1. AUGUSTA, GA. CODE Title Eight Chapter Three Section 8-3-1 as set forth in the AUGUSTA, GA. CODE, re-adopted July 10, 2007, is hereby further amended by striking said in their entirety as set forth in “Exhibit A” hereto. Attachment number 1 \nPage 1 of 5 Item # 20 SECTION 2. AUGUSTA, GA. CODE Title Eight Chapter Three is hereby amended by inserting in lieu thereof a new Code Section 8-3-1 as set forth in “Exhibit B” hereto. SECTION 3. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _____ day of ______________, 2012. __________________________________________ David S. Copenhaver As its Mayor Attest: ____________________________________ Lena J. Bonner, Clerk of Commission SEAL: Attachment number 1 \nPage 2 of 5 Item # 20 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ____________________, 2012, and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). Lena J. Bonner, Clerk of Commission 1st Reading_________________ 2nd Reading_________________ Published in the Augusta Chronicle. Date: Attachment number 1 \nPage 3 of 5 Item # 20 EXHIBIT A Sec. 8-3-1. Incorporation of subdivision regulations. The Land Subdivision regulations for the former City of Augusta and former unincorporated Areas of Richmond County, Georgia, as adopted on November 1, 1971, and subsequently revised, consisting of article 1 through article 2 inclusive (the Subdivisions Regulations), are included as an Appendix to this Code and are hereby incorporated in this section as if set out in full herein. Attachment number 1 \nPage 4 of 5 Item # 20 EXHIBIT B Sec. 8-3-1. Incorporation of subdivision regulations. The Land Subdivision regulations for the former City of Augusta and former unincorporated Areas of Richmond County, Georgia, as adopted on November 1, 1971, and subsequently revised, consisting of all articles inclusive of the Subdivisions Regulations, are included as an Appendix to the AUGUSTA, GA CODE and are hereby incorporated in this section as if set out in full herein. Said Appendix (the Subdivisions Regulations) is maintained by the Planning & Development Department and filed in the Office of the Clerk of Commission. Attachment number 1 \nPage 5 of 5 Item # 20 Version 10-25-2012 REDLINE Sec. 8-3-1. Incorporation of subdivision regulations. The Land Subdivision regulations for the former City of Augusta and former unincorporated Areas of Richmond County, Georgia, as adopted on November 1, 1971, and subsequently revised, consisting of all articles article 1 through article 2 inclusive of (the Subdivisions Regulations), are included as an Appendix to the AUGUSTA, GA CODE this Code and are hereby incorporated in this section as if set out in full herein. Said Appendix (the Subdivisions Regulations) is maintained by the Planning & Development Department and filed in the Office of the Clerk of Commission. Attachment number 2 \nPage 1 of 1 Item # 20 Commission Meeting Agenda 11/20/2012 5:00 PM Augusta Youth Center Department: Caption:Discuss Augusta Youth Center Lease Agreement. (Requested by Commissioner Matt Aitken) (Referred from October 29 Administrative Services Committee) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 21 Commission Meeting Agenda 11/20/2012 5:00 PM Bid Protest Department: Caption:Motion to uphold denial of bid protest regarding RFP # 12-182 Third Party Administrator/Administrative Services Only filed by Meritain Health, Inc. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 22 Attachment number 1 \nPage 1 of 82 Item # 22 Attachment number 1 \nPage 2 of 82 Item # 22 Attachment number 1 \nPage 3 of 82 Item # 22 Attachment number 1 \nPage 4 of 82 Item # 22 Attachment number 1 \nPage 5 of 82 Item # 22 Attachment number 1 \nPage 6 of 82 Item # 22 Attachment number 1 \nPage 7 of 82 Item # 22 Attachment number 1 \nPage 8 of 82 Item # 22 Attachment number 1 \nPage 9 of 82 Item # 22 Attachment number 1 \nPage 10 of 82 Item # 22 Attachment number 1 \nPage 11 of 82 Item # 22 Attachment number 1 \nPage 12 of 82 Item # 22 Attachment number 1 \nPage 13 of 82 Item # 22 Attachment number 1 \nPage 14 of 82 Item # 22 Attachment number 1 \nPage 15 of 82 Item # 22 Attachment number 1 \nPage 16 of 82 Item # 22 Attachment number 1 \nPage 17 of 82 Item # 22 Attachment number 1 \nPage 18 of 82 Item # 22 Attachment number 1 \nPage 19 of 82 Item # 22 Attachment number 1 \nPage 20 of 82 Item # 22 Attachment number 1 \nPage 21 of 82 Item # 22 Attachment number 1 \nPage 22 of 82 Item # 22 Attachment number 1 \nPage 23 of 82 Item # 22 Attachment number 1 \nPage 24 of 82 Item # 22 Attachment number 1 \nPage 25 of 82 Item # 22 Attachment number 1 \nPage 26 of 82 Item # 22 Attachment number 1 \nPage 27 of 82 Item # 22 Attachment number 1 \nPage 28 of 82 Item # 22 Attachment number 1 \nPage 29 of 82 Item # 22 Attachment number 1 \nPage 30 of 82 Item # 22 Attachment number 1 \nPage 31 of 82 Item # 22 Attachment number 1 \nPage 32 of 82 Item # 22 Attachment number 1 \nPage 33 of 82 Item # 22 Attachment number 1 \nPage 34 of 82 Item # 22 Attachment number 1 \nPage 35 of 82 Item # 22 Attachment number 1 \nPage 36 of 82 Item # 22 Attachment number 1 \nPage 37 of 82 Item # 22 Attachment number 1 \nPage 38 of 82 Item # 22 Attachment number 1 \nPage 39 of 82 Item # 22 Attachment number 1 \nPage 40 of 82 Item # 22 Attachment number 1 \nPage 41 of 82 Item # 22 Attachment number 1 \nPage 42 of 82 Item # 22 Attachment number 1 \nPage 43 of 82 Item # 22 Attachment number 1 \nPage 44 of 82 Item # 22 Attachment number 1 \nPage 45 of 82 Item # 22 Attachment number 1 \nPage 46 of 82 Item # 22 Attachment number 1 \nPage 47 of 82 Item # 22 Attachment number 1 \nPage 48 of 82 Item # 22 Attachment number 1 \nPage 49 of 82 Item # 22 Attachment number 1 \nPage 50 of 82 Item # 22 Attachment number 1 \nPage 51 of 82 Item # 22 Attachment number 1 \nPage 52 of 82 Item # 22 Attachment number 1 \nPage 53 of 82 Item # 22 Attachment number 1 \nPage 54 of 82 Item # 22 Attachment number 1 \nPage 55 of 82 Item # 22 Attachment number 1 \nPage 56 of 82 Item # 22 Attachment number 1 \nPage 57 of 82 Item # 22 Attachment number 1 \nPage 58 of 82 Item # 22 Attachment number 1 \nPage 59 of 82 Item # 22 Attachment number 1 \nPage 60 of 82 Item # 22 Attachment number 1 \nPage 61 of 82 Item # 22 Attachment number 1 \nPage 62 of 82 Item # 22 Attachment number 1 \nPage 63 of 82 Item # 22 Attachment number 1 \nPage 64 of 82 Item # 22 Attachment number 1 \nPage 65 of 82 Item # 22 Attachment number 1 \nPage 66 of 82 Item # 22 Attachment number 1 \nPage 67 of 82 Item # 22 Attachment number 1 \nPage 68 of 82 Item # 22 Attachment number 1 \nPage 69 of 82 Item # 22 Attachment number 1 \nPage 70 of 82 Item # 22 Attachment number 1 \nPage 71 of 82 Item # 22 Attachment number 1 \nPage 72 of 82 Item # 22 Attachment number 1 \nPage 73 of 82 Item # 22 Attachment number 1 \nPage 74 of 82 Item # 22 Attachment number 1 \nPage 75 of 82 Item # 22 Attachment number 1 \nPage 76 of 82 Item # 22 Attachment number 1 \nPage 77 of 82 Item # 22 Attachment number 1 \nPage 78 of 82 Item # 22 Attachment number 1 \nPage 79 of 82 Item # 22 Attachment number 1 \nPage 80 of 82 Item # 22 Attachment number 1 \nPage 81 of 82 Item # 22 Attachment number 1 \nPage 82 of 82 Item # 22 Commission Meeting Agenda 11/20/2012 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Administrative Services Committee held on October 29, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 23 Attachment number 1 \nPage 1 of 2 Item # 23 Attachment number 1 \nPage 2 of 2 Item # 23 Commission Meeting Agenda 11/20/2012 5:00 PM Approve Fire Department Medical Director Department:Fire Caption:Motion to approve of Georgia Health Sciences University to serve as the Medical Director for the Augusta Fire Department EMS program. (Approved by Public Safety Committee November 12, 2012) Background:The State of Georgia requires all emergency medical service providers to employ the services of a medical director. A medical director is a physician who provides guidance, leadership, oversight and quality assurance for the practice of local paramedics and EMT's within a predefined area. The medical director is responsible for the creation of protocols for treatment by paramedics/EMT's. Health Sciences University has submitted a proposal through RPF #12-191 to serve as the Medical Director for the Augusta Fire Department EMS program. GHSU has served in this capacity in the past. Analysis:An evaluation committee, made up of Fire Department and Procurement Department personnel, reviewed the propsal in response to RFP #12-191. Based on past services and the findings of the committee, GHSU meets all criteria necessary to serve as Medical Director for the Augusta Fire Department EMS program. Financial Impact:Georgia Health Sciences University submitted a proposal in the amount of $35,000 to serve as the Medical Director for the Augusta Fire Department EMS program. Alternatives:Georgia Health Sciences Univeristy was the only organization to submit a response to RFP #12-191. As medical direction is a state requirement,GHSU meets all necessary criteria, and has served adequately in this capacity in the past, there are no current alternatives. Recommendation:approval of GHSU to act as the medical director for the Augusta Fire Department EMS program.Cover Memo Item # 24 Funds are Available in the Following Accounts: Funds are available in the Fire Department bedget in account #274034110-5212999. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 24 Attachment number 1 \nPage 1 of 4 Item # 24 Attachment number 1 \nPage 2 of 4 Item # 24 Attachment number 1 \nPage 3 of 4 Item # 24 Attachment number 1 \nPage 4 of 4 Item # 24 Commission Meeting Agenda 11/20/2012 5:00 PM Approve funding for Richmond County Sheriff's Office K-9 Grant ($11,055.00) Department:Richmond County Sheriff's Office Caption:Motion to approve authorization of funds ($11,055.00) for the Richmond County Sheriff's Office Multi-Jurisdictional K-9 Task Force.(Approved by Public Safety Committee November 12, 2012) Background:In 2000, the Richmond County Sheriff's Office developed a regional K-9 Task Force which receives funding through a grant from the Bureau of Justice Assistance (BJA). This unit is still operating and providing services to the area. The funding is received from the Criminal Justice Coordinating Council (CJCC) of Georgia, which administers BJA grants for the federal program. The K-9 Unit provides services for the Augusta/Richmond County, along with 13 other counties in the Central Savannah River Area. Funding for the grant is primarily used for operating expenses of the K-9 Unit. The K-9 unit consist of four narcotic detection dogs and three explosive detection dogs. Analysis:This is a reimburseable grant, the Sheriff's office submits expenditures incurred on a quarterly basis for reimbursement to CJCC Financial Impact:This grant funding is 100% reimburseable through CJCC. Alternatives:None Recommendation:Approve funding allocation in the amount of $11,055.00 for RCSO to particpate in the K-9 Task Force Funds are Available in the Following Accounts: Funds are approved in the RCSO 2012 budget, account #273032601 REVIEWED AND APPROVED BY: Cover Memo Item # 25 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 25 Attachment number 1 \nPage 1 of 31 Item # 25 Attachment number 1 \nPage 2 of 31 Item # 25 Attachment number 1 \nPage 3 of 31 Item # 25 Attachment number 1 \nPage 4 of 31 Item # 25 Attachment number 1 \nPage 5 of 31 Item # 25 Attachment number 1 \nPage 6 of 31 Item # 25 Attachment number 1 \nPage 7 of 31 Item # 25 Attachment number 1 \nPage 8 of 31 Item # 25 Attachment number 1 \nPage 9 of 31 Item # 25 Attachment number 1 \nPage 10 of 31 Item # 25 Attachment number 1 \nPage 11 of 31 Item # 25 Attachment number 1 \nPage 12 of 31 Item # 25 Attachment number 1 \nPage 13 of 31 Item # 25 Attachment number 1 \nPage 14 of 31 Item # 25 Attachment number 1 \nPage 15 of 31 Item # 25 Attachment number 1 \nPage 16 of 31 Item # 25 Attachment number 1 \nPage 17 of 31 Item # 25 Attachment number 1 \nPage 18 of 31 Item # 25 Attachment number 1 \nPage 19 of 31 Item # 25 Attachment number 1 \nPage 20 of 31 Item # 25 Attachment number 1 \nPage 21 of 31 Item # 25 Attachment number 1 \nPage 22 of 31 Item # 25 Attachment number 1 \nPage 23 of 31 Item # 25 Attachment number 1 \nPage 24 of 31 Item # 25 Attachment number 1 \nPage 25 of 31 Item # 25 Attachment number 1 \nPage 26 of 31 Item # 25 Attachment number 1 \nPage 27 of 31 Item # 25 Attachment number 1 \nPage 28 of 31 Item # 25 Attachment number 1 \nPage 29 of 31 Item # 25 Attachment number 1 \nPage 30 of 31 Item # 25 Attachment number 1 \nPage 31 of 31 Item # 25 Commission Meeting Agenda 11/20/2012 5:00 PM Connectivity between 735 James Brown Boulevard (Judicial Center) and 400 Walton Way (Sheriff’s Office). Department: Caption:Motion to approve Award Bid 12-186 Fiber Installers to CCU/Southeast Utilities for the Traffic Engineering Department and the Sheriff's Office. (Approved by Public Safety Committee November 12, 2012) Background:Traffic Engineering and the Sheriff’s Office required fiber connectivity between 735 James Brown Boulevard (Judicial Center) and 400 Walton Way (Sheriff’s Office) see attached technical specifications. Traffic Engineering required the connectivity to complete a section of Augusta’s Traffic Signal Improvement plan. The Sheriff’s Office required the fiber to secure an alternate path of connectivity for the new Sheriff’s Office. Traffic Engineering will provide assistance in securing permits. Analysis:By combining the two (2) projects both departments will realize cost savings. The Sheriff’s Office will save $53,867 and Traffic Engineering will save $71,133. The combined savings will be $125,000. The timeframe for installation will work for both parties. The combination of these projects has provided benefits in the form of security, future expandability and cross functionality in addition to the monetary savings. CCU/Southeast Utilities was the only responder to this bid. CCU/Southeast Utilities has met all qualifications for this bid and has completed several other projects successfully for Information Technology. Fiber to be installed according to the bid response (see attached). Financial Impact:Funds are available in Traffic Engineering’s Downtown Traffic Signal Improvement Project and the New Sheriff’s Office Project to cover this expense. $71,733 is available in each project and has been approved for this purpose. The total expense is $142,266. Alternatives:None that meets the City’s requirements and at this time. Cover Memo Item # 26 Recommendation:Award Bid 12-186 Fiber Installers to CCU/Southeast Utilities. Funds are Available in the Following Accounts: 324-04-1110-5232119/201824110-5232119 328-03-1130- 5232119/210351003-5232119 REVIEWED AND APPROVED BY: Procurement. Information Technology. Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 26 Attachment number 1 \nPage 1 of 1 Item # 26 VENDORS Attachment B E-Verify # Addendum 1 Bid Price Addendum Price Knology 3714 Wheeler Road Augusta, GA 30909 A T & T 126 Chatham Parkway Savannah, GA 31408 Cummins 102 Holley Hill Drive North Augusta, SC 29841- 2431 CCU/Southeast Utilities 1020 Franke Industrial Drive Augusta, GA 30909 Yes 241608 Yes $142,266.00 $17,960.00 NetPlanner 4808 Technology Drive Martinez, GA 30907 Bid Opening Bid Item #12-186 Fiber Installers for Augusta, Georgia – Information Technology Department Bid Due: Tuesday, August 21, 2012 @ 11:00 a.m. Page 1 of 1 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 It e m # 2 6 ATTN: MICHAEL LAMAR KNOLOGY 3714 WHEELER ROAD AUGUSTA GA 30909 ATTN: SHELLY FIELDS A T & T 126 CHATHAM PARKWAY SAVANNAH, GA 31408 ATTN: JIM HAYWOOD COMMINS 102 HOLLEY HILL DRIVE NORTH AUGUSTA, SC 29841-2431 ATTN: MARK BENNETT CCU 1020 FRANKE INDUSSTRIAL DRIVE AUGUSTA, GA 30909 ATTN: TODD OSGOOD NETPLANNER 4808 TECHNOLOGY DRIVE MARTINEZ, GA 30907 Gary Hewett Information Technology Kevin Luce Information Technology Bid Item 12-186 Fiber Installer mailed August 3, 2012 Bid Item #12-186 Fiber Installers For Information Technology Dept Bid Due Tues 8/21/10 @ 11:00 A.M. Attachment number 3 \nPage 1 of 1 Item # 26 Attachment number 4 \nPage 1 of 1 Item # 26 Commission Meeting Agenda 11/20/2012 5:00 PM Three (3) year contract for telephone services. Department:Information Technology Caption:Motion to award three (3) year contract for telephone services to AT&T(Approved by Public Safety Committee November 12, 2012) . Background:AT&T is the current provider of telephone services for the City of Augusta. The purpose of this agenda item is to formalize the examination, approval and execution of the attached Master Agreement. Services will be provided under this Master Agreement throughout the life of this contractual agreement. Analysis:Due to competitive offerings, Information Technology was able to reduce the cost per month for telephone services. Approval of this contract will allow Information Technology to provide telephone services to Augusta Departments in the most efficient and cost effective manner possible. Financial Impact:Funds are available in each department’s operating budget to cover these expenses. Alternatives:None that meets the city’s requirements at this time. Recommendation:Award three (3) year contract for telephone services to AT&T. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Cover Memo Item # 27 Administrator. Clerk of Commission Cover Memo Item # 27 ua_ver_ii.doc UA VER II 04/14/11 AT&T and Customer Confidential Information Page 1 of 8 eCRM ID ______________ AT&T MA Reference No. MASTER AGREEMENT Customer AT&T Augusta Street Address: 530 Greene Street City: Augusta State/Province: GA Zip Code: 30901 Country: USA AT&T Corp. Customer Contact (for notices) AT&T Contact (for notices) Name: Tameka Allen Title: IT Director Street Address: 530 Greene Street City: Augusta State/Province: GA Zip Code: 30901 Country: USA Telephone: 706-821-2529 Fax: 706-821-2530 Email: allen@augustaga.gov Street Address: 2180 Lake Bvd NE City: Atlanta State/Province: GA Zip Code: 30319 Country: USA With a copy to: AT&T Corp. One AT&T Way Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com This Master Agreement (“Master Agreement”), between the customer named above (“Customer”) and the AT&T entity named above (“AT&T”), is effective when signed by both Customer and AT&T. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Name: Name: Title: Title: Date: Date: Attachment number 1 \nPage 1 of 8 Item # 27 MASTER AGREEMENT ua_ver_ii.doc UA VER II 04/14/11 AT&T and Customer Confidential Information Page 2 of 8 eCRM ID ______________ 1. INTRODUCTION 1.1 Overview of Documents. This Master Agreement and the following additional documents (collectively, the “Agreement”) shall apply to all services and equipment AT&T provides Customer pursuant to this Agreement (“Services”) and shall continue in effect so long as Services are provided under this Agreement: (a) Pricing Schedules. A “Pricing Schedule” means a pricing schedule (including related attachments) or other document that is attached to or is later executed by the parties and references this Master Agreement. A Pricing Schedule includes the Services, the pricing (including discounts and commitments, if applicable) and the pricing schedule term (“Pricing Schedule Term”). (b) Tariffs and Guidebooks. “Tariffs” are documents containing the descriptions, pricing and other terms and conditions for a Service that AT&T or its Affiliates file with regulatory authorities. “Guidebooks” are documents (designated as Guidebooks or Price Lists) containing the descriptions, pricing and other terms and conditions for a Service that were but no longer are filed with regulatory authorities. Tariffs and Guidebooks can be found at att.com/servicepublications or other locations AT&T may designate. (c) Acceptable Use Policy. AT&T’s Acceptable Use Policy (“AUP”) applies to (i) Services provided over or accessing the Internet and (ii) wireless (i.e., cellular) data and messaging Services. The AUP can be found at att.com/aup or other locations AT&T may designate. (d) Service Guides. The descriptions, pricing and other terms and conditions for a Service not covered by a Tariff or Guidebook may be contained in a Service Guide, which can be found at att.com/servicepublications or other locations AT&T may designate. 1.2 Priority of Documents. The order of priority of the documents that form this Agreement is: Pricing Schedules; this Master Agreement; the AUP; and Tariffs, Guidebooks and Service Guides; provided that, Tariffs will be first in priority in any jurisdiction where applicable law or regulation does not permit contract terms to take precedence over inconsistent Tariff terms. 1.3 Revisions to Documents. Subject to Section 8.2(b) (Materially Adverse Impact), AT&T may revise Service Publications at any time. 1.4 Execution by Affiliates. An AT&T Affiliate or Customer Affiliate may sign a Pricing Schedule in its own name, and such Affiliate contract will be a separate but associated contract incorporating the terms of this Agreement. Customer and AT&T will cause their respective Affiliates to comply with any such separate and associated contract. 2. AT&T DELIVERABLES 2.1 Services. AT&T will either provide or arrange to have an AT&T Affiliate provide Services to Customer and its Users, subject to the availability and operational limitations of systems, facilities and equipment. Where required, an AT&T Affiliate authorized by the appropriate regulatory authority will be the service provider. 2.2 AT&T Equipment. Services may be provided using equipment owned by AT&T that is located at the Site (“AT&T Equipment”), but title to the AT&T Equipment will remain with AT&T. Customer must provide electric power for the AT&T Equipment and keep the AT&T Equipment physically secure and free from liens and encumbrances. Customer will bear the risk of loss or damage to the AT&T Equipment (other than ordinary wear and tear) except to the extent caused by AT&T or its agents. 2.3 Software. Any software that AT&T furnishes to Customer will be governed by the written terms and conditions applicable to such software. Title to such software remains with AT&T or its supplier. Customer must comply with all such terms and conditions, and they take precedence over this Agreement as to such software. 3. CUSTOMER’S COOPERATION 3.1 Access Right. Customer will in a timely manner allow AT&T access as reasonably required for the Services to property and equipment that Customer controls and will obtain at Customer’s expense timely access for AT&T as reasonably required for the Services to property controlled by third parties such as Customer’s landlord. AT&T will coordinate with and, except in an emergency, obtain Customer’s consent to enter upon Customer’s property and premises, which consent shall not be unreasonably withheld. Access rights mean the right to construct, install, repair, maintain, replace and remove access lines and network facilities and the right to use ancillary equipment space within a building for Customer’s connection to AT&T’s network. Customer must provide AT&T timely information and access to Customer’s facilities and equipment as AT&T reasonably requires for the Services, subject to Customer’s reasonable security policies. Customer will furnish any conduit, holes, wireways, wiring, plans, equipment, space, power/utilities and other items as AT&T reasonably requires for the Services and will obtain any necessary licenses, permits and consents (including easements and rights-of- way). Customer will have the Site ready for AT&T to perform its work according to a mutually agreed schedule. 3.2 Safe Working Environment. Customer will ensure that the location at which AT&T installs, maintains or provides Services is a safe working environment, free of Hazardous Materials and reasonably suitable for the Services. “Hazardous Materials” mean any substance or material capable of posing an unreasonable risk to health, safety or property or whose use, transport, storage, handling, disposal or release is regulated by any law related to pollution, to protection of air, water or soil or to health and safety. AT&T shall have Attachment number 1 \nPage 2 of 8 Item # 27 MASTER AGREEMENT ua_ver_ii.doc UA VER II 04/14/11 AT&T and Customer Confidential Information Page 3 of 8 eCRM ID ______________ no obligation to perform work at a location that is not a suitable and safe working environment or to handle, remove or dispose of Hazardous Materials. 3.3 Users. “User” means anyone who uses or accesses any Service provided to Customer. Customer will cause Users to comply with this Agreement and is responsible for Users’ use of any Service unless expressly provided to the contrary in an applicable Service Publication. 3.4 Resale of Services. Customer may not resell the Services or rebrand the Services for resale to third parties without AT&T’s written consent. 4. PRICING AND BILLING 4.1 Pricing and Pricing Schedule Term; Terms Applicable After End of Pricing Schedule Term. The prices listed in a Pricing Schedule are stabilized until the end of the Pricing Schedule Term and will apply in lieu of the corresponding prices set forth in the applicable Service Publication. No promotion, credit, discount or waiver set forth in a Service Publication will apply. At the end of the Pricing Schedule Term, Customer may continue Service (subject to any applicable notice or other requirements in a Service Publication for Customer to terminate a Service Component) under a month-to-month service arrangement at the prices, terms and conditions in effect on the last day of the Pricing Schedule Term. AT&T may change such prices, terms or conditions on 30 days’ prior notice to Customer. 4.2 Additional Charges and Taxes. Prices set forth in a Pricing Schedule are exclusive of and Customer will pay all taxes (excluding those on AT&T’s net income), surcharges, recovery fees, customs clearances, duties, levies, shipping charges and other similar charges (and any associated interest and penalties resulting from Customer’s failure to timely pay such taxes or similar charges) relating to the sale, transfer of ownership, installation, license, use or provision of the Services, except to the extent Customer provides a valid exemption certificate prior to the delivery of Services. To the extent required by law, Customer may withhold or deduct any applicable taxes from payments due to AT&T, provided that Customer will use reasonable commercial efforts to minimize any such taxes to the extent allowed by law or treaty and will furnish AT&T with such evidence as may be required by relevant taxing authorities to establish that such tax has been paid so that AT&T may claim any applicable credit. 4.3 Billing. Unless a Service Publication specifies otherwise, Customer’s obligation to pay for a Service Component begins upon availability of the Service Component to Customer. Customer will pay AT&T without deduction, setoff or delay for any reason (except for withholding taxes as provided in Section 4.2 – Additional Charges and Taxes or in Section 4.5 – Delayed Billing; Disputed Charges). At Customer’s request, but subject to AT&T’s consent (which may not be unreasonably withheld or withdrawn), Customer’s Affiliates may be invoiced separately, and AT&T will accept payment from such Affiliates. Customer will be responsible for payment if Customer’s Affiliates do not pay charges in accordance with this Agreement. AT&T may require Customer or its Affiliates to tender a deposit if AT&T determines, in its reasonable judgment, that Customer or its Affiliates are not creditworthy, and AT&T may apply such deposit to any charges owed. 4.4 Payments. Payment is due within 30 days after the date of the invoice (unless another date is specified in an applicable Tariff or Guidebook) and must refer to the invoice number. Charges must be paid in the currency specified in the invoice. Restrictive endorsements or other statements on checks are void. Customer will reimburse AT&T for all costs associated with collecting delinquent or dishonored payments, including reasonable attorneys’ fees. AT&T may charge late payment fees at the lowest of (a) 1.5% per month (18% per annum), (b) for Services contained in a Tariff or Guidebook at the rate specified therein, or (c) the maximum rate allowed by law for overdue payments. 4.5 Delayed Billing; Disputed Charges. Customer will not be required to pay charges for Services invoiced more than 6 months after close of the billing period in which the charges were incurred, except for calls assisted by an automated or live operator. If Customer disputes a charge, Customer will provide notice to AT&T specifically identifying the charge and the reason it is disputed within 6 months after the date of the affected invoice, or Customer waives the right to dispute the charge. The portion of charges in dispute may be withheld and will not be considered overdue until AT&T completes its investigation of the dispute, but Customer may incur late payment fees in accordance with Section 4.4 (Payments). Following AT&T’s notice of the results of its investigation to Customer, payment of all properly due charges must be made within ten (10) business days, and AT&T will reverse any late payment fees that were invoiced in error. 4.6 MARC. Minimum Annual Revenue Commitment (“MARC”) means an annual revenue commitment set forth in a Pricing Schedule that Customer agrees to satisfy during each 12-consecutive-month period of the Pricing Schedule Term. If Customer fails to satisfy the MARC for any such 12-month period, Customer will pay a shortfall charge in an amount equal to the difference between the MARC and the total of the applicable MARC-Eligible Charges incurred during such 12-month period, and AT&T may withhold contractual credits until Customer pays the shortfall charge. 4.7 Adjustments to MARC. (a) In the event of a business downturn beyond Customer’s control, or a corporate divestiture, merger, acquisition or significant restructuring or reorganization of Customer’s business, or network optimization using other Services, or a reduction of AT&T’s Attachment number 1 \nPage 3 of 8 Item # 27 MASTER AGREEMENT ua_ver_ii.doc UA VER II 04/14/11 AT&T and Customer Confidential Information Page 4 of 8 eCRM ID ______________ prices, or a force majeure event, any of which significantly impairs Customer’s ability to meet a MARC, AT&T will offer to adjust the affected MARC to reflect Customer’s reduced usage of Services (with a corresponding adjustment to the prices, credits or discounts available at the reduced MARC level). If the parties reach agreement on a revised MARC, AT&T and Customer will amend the affected Pricing Schedule prospectively. This Section 4.7 will not apply to a change resulting from Customer’s decision to use service providers other than AT&T. Customer will provide AT&T notice of the conditions Customer believes will require the application of this provision. This provision does not constitute a waiver of any charges, including monthly recurring charges and shortfall charges, Customer incurs prior to amendment of the affected Pricing Schedule. (b) If Customer, through merger, consolidation, acquisition or otherwise, acquires a new business or operation, Customer and AT&T may agree in writing to include the new business or operation under this Agreement. Such agreement will specify the impact, if any, of such addition on Customer’s MARC or other volume or growth discounts and on Customer’s attainment thereof. 5. CONFIDENTIAL INFORMATION 5.1 Confidential Information. Confidential Information means: (a) information the parties or their Affiliates share with each other in connection with this Agreement or in anticipation of providing Services under this Agreement (including pricing or other proposals), but only to the extent identified as Confidential Information in writing; and (b) except as may be required by applicable law or regulation, the terms of this Agreement. 5.2 Obligations. A disclosing party’s Confidential Information will, for a period of 3 years following its disclosure to the other party (except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the receiving party’s employees, agents and contractors having a need-to-know (but only if such agents and contractors are not direct competitors of the other party and agree in writing to use and disclosure restrictions as restrictive as this Section 5) or to the extent authorized to be revealed by law, governmental authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt notice is provided to the disclosing party to the extent practicable and not prohibited by law, governmental authority or legal process); (b) be held in confidence; and (c) be used only for purposes of using the Services, evaluating proposals for new services or performing this Agreement (including in the case of AT&T to detect fraud, to check quality and to operate, maintain and repair the Services). 5.3 Exceptions. The restrictions in this Section 5 will not apply to any information that: (a) is independently developed by the receiving party without use of the disclosing party’s Confidential Information; (b) is lawfully received by the receiving party free of any obligation to keep it confidential; or (c) becomes generally available to the public other than by breach of this Agreement. 5.4 Privacy Laws. Each party is responsible for complying with the privacy laws applicable to its business. If Customer does not want AT&T to comprehend Customer data to which it may have access in performing Services, Customer must encrypt such data so that it will be unintelligible. Customer is responsible for obtaining consent from and giving notice to its Users, employees and agents regarding AT&T’s processing the User, employee or agent information in connection with providing Service. Unless otherwise directed by Customer in writing, if AT&T designates a dedicated account representative as Customer’s primary contact with AT&T, Customer authorizes that representative to discuss and disclose Customer’s customer proprietary network information to any employee or agent of Customer without a need for further authentication or authorization. 6. LIMITATIONS OF LIABILITY AND DISCLAIMERS 6.1 Limitation of Liability. (a) EITHER PARTY’S ENTIRE LIABILITY AND THE OTHER PARTY’S EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF ANY CLAIM ARISING OUT OF AND NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE: (i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL PROPERTY OR TO TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY A PARTY’S NEGLIGENCE, PROVEN DIRECT DAMAGES; (ii) FOR BREACH OF SECTION 5 (Confidential Information), SECTION 10.1 (Publicity) OR SECTION 10.2 (Trademarks), PROVEN DIRECT DAMAGES; (iii) FOR ANY THIRD-PARTY CLAIMS, THE REMEDIES AVAILABLE UNDER SECTION 7 (Third Party Claims); (iv) FOR CLAIMS ARISING FROM THE OTHER PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, PROVEN DAMAGES; OR (v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION 6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO EXCEED, ON A PER CLAIM OR AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT EQUAL TO THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE IN THE RELEVANT COUNTRY DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM AROSE. (b) EXCEPT AS SET FORTH IN SECTION 7 (Third Party Claims) OR IN THE CASE OF A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, Attachment number 1 \nPage 4 of 8 Item # 27 MASTER AGREEMENT ua_ver_ii.doc UA VER II 04/14/11 AT&T and Customer Confidential Information Page 5 of 8 eCRM ID ______________ CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR FOR INCREASED COST OF OPERATIONS. (c) THE LIMITATIONS IN THIS SECTION 6.1 SHALL NOT LIMIT CUSTOMER’S RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES UNDER THIS AGREEMENT. 6.2 Disclaimer of Liability. AT&T WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE LEVELS, DELAYS OR ANY SERVICE ERROR OR INTERRUPTION, INCLUDING INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY 911 OR OTHER EMERGENCY RESPONSE CALLS OR ANY OTHER CALLS OR TRANSMISSIONS, (EXCEPT FOR CREDITS EXPLICITLY SET FORTH IN THIS AGREEMENT); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF CUSTOMER’S (OR ITS AFFILIATES’, USERS’ OR THIRD PARTIES’) APPLICATIONS, CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS. 6.3 Disclaimer of Warranties. AT&T MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, AT&T MAKES NO REPRESENTATION OR WARRANTY THAT TELEPHONE CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION (INCLUDING CALLS TO 911 OR ANY SIMILAR EMERGENCY RESPONSE NUMBER) AND MAKES NO GUARANTEE REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD BALANCING OR THAT AT&T’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA AND INFORMATION. 6.4 Application and Survival. The disclaimer of warranties and limitations of liability set forth in this Agreement will apply regardless of the form of action, whether in contract, equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was advised of the possibility of such damages and will apply so as to limit the liability of each party and its Affiliates and their respective employees, directors, subcontractors and suppliers. The limitations of liability and disclaimers set out in this Section 6 will survive failure of any exclusive remedies provided in this Agreement. 7. THIRD PARTY CLAIMS 7.1 AT&T’s Obligations. AT&T agrees at its expense to defend and either to settle any third-party claim against Customer, its Affiliates and its and their respective employees and directors or to pay all Damages that a court finally awards against such parties for a claim alleging that a Service provided to Customer under this Agreement infringes any patent, trademark, copyright or trade secret, but not where the claimed infringement arises out of or results from: (a) Customer’s, its Affiliate’s or a User’s content; (b) modifications to the Service by Customer, its Affiliate or a third party, or combinations of the Service with any non-AT&T services or products by Customer or others; (c) AT&T’s adherence to Customer’s or its Affiliate’s written requirements; or (d) use of a Service in violation of this Agreement. 7.2 Customer’s Obligations. Customer agrees at its expense to defend and either to settle any third-party claim against AT&T, its Affiliates and its and their respective employees, directors, subcontractors and suppliers or to pay all Damages that a court finally awards against such parties for a claim that: (a) arises out of Customer’s, its Affiliate’s or a User’s access to or use of the Services and the claim is not the responsibility of AT&T under Section 7.1; (b) alleges that a Service infringes any patent, trademark, copyright or trade secret and falls within the exceptions in Section 7.1; or (c) alleges a breach by Customer, its Affiliate or a User of a software license agreement governing software provided in connection with the Services. 7.3 Infringing Services. Whenever AT&T is liable under Section 7.1, AT&T may at its option either procure the right for Customer to continue using, or may replace or modify, the Service so that it is non-infringing. 7.4 Notice and Cooperation. The party seeking defense or settlement of a third-party claim under this Section 7 will provide notice to the other party promptly upon learning of any claim for which defense or settlement may be sought, but failure to do so will have no effect except to the extent the other party is prejudiced by the delay. The party seeking defense or settlement will allow the other party to control the defense and settlement of the claim and will reasonably cooperate with the defense. The defending party will use counsel reasonably experienced in the subject matter at issue and will not settle a claim without the written consent of the party being defended, which consent will not be unreasonably withheld or delayed, except that no consent will be required to settle a claim where relief against the party being defended is limited to monetary damages that are paid by the defending party under this Section 7. Attachment number 1 \nPage 5 of 8 Item # 27 MASTER AGREEMENT ua_ver_ii.doc UA VER II 04/14/11 AT&T and Customer Confidential Information Page 6 of 8 eCRM ID ______________ 8. SUSPENSION AND TERMINATION 8.1 Termination of Agreement. This Agreement may be terminated immediately upon notice by either party if the other party becomes insolvent, ceases operations, is the subject of a bankruptcy petition, enters receivership or any state insolvency proceeding or makes an assignment for the benefit of its creditors. 8.2 Termination or Suspension. The following additional termination provisions apply: (a) Material Breach. If either party fails to perform or observe any material warranty, representation, term or condition of this Agreement, including non-payment of charges, and such failure continues unremedied for 30 days after receipt of notice, the aggrieved party may terminate the affected Service Components and, if the breach materially and adversely affects the entire Agreement, terminate the entire Agreement. If Customer is in breach, AT&T may elect to suspend (and later terminate) the affected Service Components and, if the breach materially and adversely affects the entire Agreement, suspend (and later terminate) the entire Agreement. (b) Materially Adverse Impact. If AT&T revises a Service Publication, the revision has a materially adverse impact on Customer and AT&T does not effect revisions that remedy such materially adverse impact within 30 days after receipt of notice from Customer, then Customer may, as Customer’s sole remedy, elect to terminate the affected Service Components on 30 days’ notice to AT&T, given not later than 90 days after Customer first learns of the revision to the Service Publication. “Materially adverse impacts” do not include changes to non-stabilized pricing, changes required by governmental authority, or assessment of or changes to additional charges such as surcharges or taxes. (c) Internet Services. If Customer fails to rectify a violation of the AUP within 5 days after receiving notice from AT&T, AT&T may suspend the affected Service Components. AT&T reserves the right, however, to suspend or terminate immediately when: (i) AT&T’s suspension or termination is in response to multiple or repeated AUP violations or complaints; (ii) AT&T is acting in response to a court order or governmental notice that certain conduct must be stopped; or (iii) AT&T reasonably determines that (a) it may be exposed to sanctions, liability, prosecution or other adverse consequences under applicable law if AT&T were to allow the violation to continue; (b) such violation may harm or interfere with the integrity, normal operations or security of AT&T’s network or networks with which AT&T is interconnected or may interfere with another customer’s use of AT&T services or the Internet; or (c) such violation otherwise presents an imminent risk of harm to AT&T, AT&T’s customers or its or their respective employees. (d) Fraud or Abuse. AT&T may terminate or suspend an affected Service or Service Component and, if the activity materially and adversely affects the entire Agreement, terminate or suspend the entire Agreement, immediately by providing Customer with as much advance notice as is reasonably practicable under the circumstances if Customer: (i) commits a fraud upon AT&T; (ii) uses the Service to commit a fraud upon another party; (iii) unlawfully uses the Service; (iv) abuses or misuses AT&T’s network or Service; or (v) interferes with another customer’s use of AT&T’s network or services. (e) Infringing Services. If the options described in Section 7.3 (Infringing Services) are not reasonably available, AT&T may at its option terminate the affected Services or Service Components without liability other than as stated in Section 7.1 (AT&T’s Obligations). (f) Hazardous Materials. If AT&T encounters any Hazardous Materials at the Site, AT&T may terminate the affected Services or Service Components or may suspend performance until Customer removes and remediates the Hazardous Materials at Customer’s expense in accordance with applicable law. 8.3 Effect of Termination. (a) Termination or suspension by either party of a Service or Service Component does not waive any other rights or remedies a party may have under this Agreement and will not affect the rights and obligations of the parties regarding any other Service or Service Component. (b) If a Service or Service Component is terminated, Customer will pay all amounts incurred prior to the effective date of termination. 8.4 Termination Charges. (a) If Customer terminates this Agreement or an affected Service or Service Component for cause in accordance with the Agreement or if AT&T terminates a Service or Service Component other than for cause, Customer will not be liable for the termination charges set forth in this Section 8.4. (b) If Customer or AT&T terminates a Service or Service Component prior to Cutover other than as set forth in Section 8.4(a), Customer (i) will pay any termination or cancellation charges set out in a Pricing Schedule or Service Publication, or (ii) in the absence of such specified charges, will reimburse AT&T for time and materials incurred prior to the effective date of termination, plus any third party charges resulting from the termination. Attachment number 1 \nPage 6 of 8 Item # 27 MASTER AGREEMENT ua_ver_ii.doc UA VER II 04/14/11 AT&T and Customer Confidential Information Page 7 of 8 eCRM ID ______________ (c) If Customer or AT&T terminates a Service or Service Component after Cutover other than as set forth in Section 8.4(a), Customer will pay applicable termination charges as follows: (i) 50% (unless a different percentage is specified in the Pricing Schedule) of the monthly recurring charges for the terminated Service or Service Component multiplied by the months remaining in an applicable Minimum Payment Period; (ii) if termination occurs before the end of an applicable Minimum Retention Period, any associated credits or waived or unpaid non-recurring charges; and (iii) any charges incurred by AT&T from a third party (i.e., not an AT&T Affiliate) due to the termination. The charges set forth in Sections 8.4(c)(i) and (ii) will not apply if a terminated Service Component is replaced with an upgraded Service Component at the same Site, but only if the Minimum Payment Period or Minimum Retention Period, as applicable, (the “Minimum Period”) and associated charge for the replacement Service Component are equal to or greater than the corresponding Minimum Period and associated charge for the terminated Service Component, respectively, and if the upgrade is not restricted in the applicable Service Publication. (d) In addition, if Customer terminates a Pricing Schedule that has a MARC, Customer will pay an amount equal to 50% of the unsatisfied MARC for the balance of the Pricing Schedule Term. 9. IMPORT/EXPORT CONTROL Neither party will use, distribute, transfer or transmit any equipment, services, software or technical information provided under this Agreement (even if incorporated into other products) except in compliance with all applicable import and export laws, conventions and regulations. 10. MISCELLANEOUS PROVISIONS 10.1 Publicity. Neither party may issue any public statements or announcements relating to the terms of this Agreement or to the provision of Services without the prior written consent of the other party. 10.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of the other party’s trade names, logos, trademarks, service marks or other indicia of origin without the other party’s prior written consent, which consent may be revoked at any time by notice. 10.3 Force Majeure. Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout, earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies or other causes beyond such party’s reasonable control. 10.4 Amendments and Waivers. Any supplement to or modification or waiver of any provision of this Agreement must be in writing and signed by authorized representatives of both parties. A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach of this Agreement. 10.5 Assignment and Subcontracting. (a) Customer may, without AT&T’s consent but upon notice to AT&T, assign in whole or relevant part its rights and obligations under this Agreement to a Customer Affiliate. AT&T may, without Customer’s consent, assign in whole or relevant part its rights and obligations under this Agreement to an AT&T Affiliate. In no other case may this Agreement be assigned by either party without the prior written consent of the other party (which consent will not be unreasonably withheld or delayed). In the case of any assignment, the assigning party shall remain financially responsible for the performance of the assigned obligations. (b) AT&T may subcontract to an Affiliate or a third party work to be performed under this Agreement but will remain financially responsible for the performance of such obligations. (c) In countries where AT&T does not have an Affiliate to provide a Service, AT&T may assign its rights and obligations related to such Service to a local service provider, but AT&T will remain responsible to Customer for such obligations. In certain countries, Customer may be required to contract directly with the local service provider. 10.6 Severability. If any portion of this Agreement is found to be invalid or unenforceable or if, notwithstanding Section 10.10 (Governing Law), applicable law mandates a different interpretation or result, the remaining provisions will remain in effect and the parties will negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually acceptable provision consistent with the original intention of the parties. 10.7 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to prohibit a party from seeking preliminary or permanent injunctive relief in appropriate circumstances from a court of competent jurisdiction. 10.8 Legal Action. Any legal action arising in connection with this Agreement must be filed within two (2) years after the cause of action accrues, or it will be deemed time-barred and waived. The parties waive any statute of limitations to the contrary. 10.9 Notices. Any required notices under this Agreement shall be in writing and shall be deemed validly delivered if made by hand (in which case delivery will be deemed to have been effected immediately), or by overnight mail (in which case delivery will be deemed to have been effected one (1) business day after the date of mailing), or by first class pre-paid post (in which case delivery will be deemed to Attachment number 1 \nPage 7 of 8 Item # 27 MASTER AGREEMENT ua_ver_ii.doc UA VER II 04/14/11 AT&T and Customer Confidential Information Page 8 of 8 eCRM ID ______________ have been effected five (5) days after the date of posting), or by facsimile or electronic transmission (in which case delivery will be deemed to have been effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient set forth on the cover page of this Agreement or to such other office or recipient as designated in writing from time to time. 10.10 Governing Law. This Agreement will be governed by the law of the State of New York, without regard to its conflict of law principles, unless a regulatory agency with jurisdiction over the applicable Service applies a different law. The United Nations Convention on Contracts for International Sale of Goods will not apply. 10.11 Compliance with Laws. Each party will comply with all applicable laws and regulations and with all applicable orders issued by courts or other governmental bodies of competent jurisdiction. 10.12 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and AT&T and does not provide any third party (including Users) the right to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any other right or privilege. 10.13 Survival. The respective obligations of Customer and AT&T that by their nature would continue beyond the termination or expiration of this Agreement, including the obligations set forth in Section 5 (Confidential Information), Section 6 (Limitations of Liability and Disclaimers) and Section 7 (Third Party Claims), will survive such termination or expiration. 10.14 Agreement Language. The language of this Agreement is English. If there is a conflict between this Agreement and any translation, the English version will take precedence. 10.15 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to its subject matter. Except as provided in Section 2.3 (Software), this Agreement supersedes all other agreements, proposals, representations, statements and understandings, whether written or oral, concerning the Services or the rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This Agreement will not be modified or supplemented by any written or oral statements, proposals, representations, advertisements, service descriptions or purchase order forms not expressly set forth in this Agreement. 11. DEFINITIONS “Affiliate” of a party means any entity that controls, is controlled by or is under common control with such party. “Cutover” means the date Customer’s obligation to pay for Services begins. “Damages” means collectively all injury, damage, liability, loss, penalty, interest and expense incurred. “Effective Date” of a Pricing Schedule means the date on which the last party signs the Pricing Schedule unless a later date is required by regulation or law. “MARC-Eligible Charges” means the recurring and usage charges (including amounts owed under Section 8.4(c)(i)), after deducting applicable discounts and credits (other than outage or SLA credits), that AT&T charges Customer for the Services identified in the applicable Pricing Schedule as MARC-contributing. The following are not MARC-Eligible Charges: (a) charges for or in connection with Customer’s purchase of equipment; (b) taxes; and (c) charges imposed in connection with governmentally imposed costs or fees (such as USF, PICC, payphone service provider compensation, E911 and deaf relay charges). “Minimum Payment Period” means the Minimum Payment Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to pay recurring charges for the Service Component. “Minimum Retention Period” means the Minimum Retention Period identified for a Service Component in a Pricing Schedule or Service Publication during which Customer is required to maintain service to avoid the payment (or repayment) of certain credits, waived charges or amortized charges. “Service Component” means an individual component of a Service provided under this Agreement. “Service Publications” means Tariffs, Guidebooks, Service Guides and the AUP. “Site” means Customer’s physical location, including Customer’s collocation space on AT&T’s or its Affiliate’s or subcontractor’s property, where AT&T installs or provides a Service. Attachment number 1 \nPage 8 of 8 Item # 27 Addendum Agreement Case Number GA12-2181-00 Page 1 of 5 AT&T and Customer Confidential Information AT&T MA Reference No. ______________________ CUSTOMER (“Customer”) AT&T (“AT&T”) Augusta Street Address: 530 Greene St City: Augusta State: GA Zip Code: 30901- Billing Address Street Address: 530 Greene St. City: Augusta State: GA Zip Code: 30901- For purposes of this Pricing Schedule, AT&T means the Service Provider specifically identified herein. CUSTOMER Contact (for Contract Notices) AT&T Sales Contact Information and for Contract Notices Name: Tameka Allen Title: IT Director Telephone: 706-821-2522 Fax: - - Email: Street Address: 530 Greene St City: Augusta State: GA Zip Code: 30901- Name: Shelly Fields Title: Account Manager Telephone: 912-247-7027 Fax: - - Email: sf2028@att.com Attention: Assistant Vice President Street Address: 2180 Lake Blvd., 7th Floor City: Atlanta State: GA Zip Code: 30319 With a copy to: AT&T Corp. One AT&T Way, Bedminster, NJ 07921-0752 ATTN: Master Agreement Support Team Email: mast@att.com AT&T Authorized Agent or Representative Information (if applicable) Name: Company Name: Agent Street Address: City: State: Zip Code: - Telephone: - - Fax: - - Email: Agent Code: This Addendum (“Addendum”) changes existing Contract Service Arrangement GA03-C307-01 to a Pricing Schedule. AT&T (“Company”) and Augusta (“Customer”), hereby agree, as acknowledged by their appropriate signatures as set out below, to amend and change Pricing Schedule GA03-C307-01. This Addendum Agreement is based upon the following terms and conditions as well as any Attachment(s) affixed and the appropriate lawfully filed and approved tariffs which are by this reference incorporated herein. 1. Subscriber acknowledges that Subscriber has read and understands this Agreement and agrees to be bound by its terms and conditions. Subscriber further agrees that this Agreement, and any orders, constitute the complete and exclusive statement of the Agreement between the parties, superseding all proposals, representations, and/or prior agreements, oral or written, between the parties relating to the subject matter of the Agreement. 2. Acceptance of any order by Company is subject to Company credit and other approvals. Following order acceptance, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, Company in its sole discretion reserves the right to cancel the order without liability or suspend the Order until accurate and appropriate credit approval requirements are established and accepted by Customer. Attachment number 2 \nPage 1 of 5 Item # 27 Addendum Agreement Case Number GA12-2181-00 Page 2 of 5 AT&T and Customer Confidential Information 3. This Agreement is not binding upon Company until executed by an authorized employee, partner, or agent of Subscriber and Company. This Agreement may not be modified, amended, or superseded other than by a written instrument executed by both parties, approved by the appropriate Company organization, and incorporated into Company’s mechanized system. The undersigned warrant and represent that they have the authority to bind Subscriber and Company to this Agreement. Customer (by its authorized representative) AT&T (by its authorized representative) By: By: Printed or Typed Name: Printed or Typed Name: Title: Title: Date: Date: Service Provider: AT&T Georgia Offer Expiration: This offer shall expire on: 12/21/2012. Service Interval: Estimated service interval following acceptance date: Negotiable weeks. Service Description (“Service”): This Pricing Schedule Addendum Agreement offers an extension to the service period of the Customer's existing BellSouth® Primary Rate ISDN - Voice/Data (Standard) service, BellSouth® CrisisLinkSM service and Bill Management Service for a period of thirty-six (36) months from the Company date of acceptance of this Addendum Agreement. This Pricing Schedule Addendum Agreement also adds: a) non-ANSA BellSouth® Primary Rate ISDN –Voice/Data service from a Toll Message Rate Center (TMRC) different than the TMRC associated with the customer’s serving wire center, b) PRI telephone number Overflow arrangements from the Local Serving Central Office (LSO) (AGSTGATH) to the Foreign Central Office (FCO) (AGSTGAMT)(in the same Toll Message Rate Center (TMRC) for the Customer’s BellSouth® Primary Rate ISDN (PRI) - Voice/Data (Standard) service, c) Special Service Arrangement to allow ANSA PRI from Fleming SWC (AGSTGAFL, PRI served by AGSTGAMT) to be part of trunk group with other PRIs in AGSTGAMT, and d) BellSouth® Centrex service for multiple systems. Each Centrex system will terminate coterminous with the expiration date of this contract regardless of the installation date of the individual systems. This Addendum Agreement supersedes the following Agreement for Centrex service: GA10-2895-05. All terms and conditions of Contract Service Arrangement Agreement (now converted to Pricing Schedule) GA03-C307-01 apply to this Addendum Agreement unless modified herein. Primary Rate ISDN Use of Service: Customer agrees that the Service will only be used to transport the voice and/or data traffic of Customer and its Affiliates, and not to originate or terminate voice and/or data traffic to bypass switched access charges as defined by applicable state and federal telecommunications law. Customer understands that this covenant is an essential part of the undertaking by AT&T herein, and that AT&T is relying upon Customer's covenant as an inducement to sell the Service. Customer agrees to compensate AT&T for any switched access charges that AT&T is obligated to pay, or entitled to collect, as a result of Customer's use of the Services, and Customer further agrees that this obligation to compensate AT&T shall not be capped or limited. As used herein the term Switched Access, generally speaking, means the Attachment number 2 \nPage 2 of 5 Item # 27 Addendum Agreement Case Number GA12-2181-00 Page 3 of 5 AT&T and Customer Confidential Information charges that a long distance company is required to pay to a local telecommunications company for the termination or origination of long distance calls to or from a customer whose phone is connected to the local telecommunications company's local switching network. "Affiliate" of a party means any entity that controls, is controlled by, or is under common control with, such party. Attachment number 2 \nPage 3 of 5 Item # 27 Addendum Agreement Case Number GA12-2181-00 Option 1 of 1 Page 4 of 5 AT&T and Customer Confidential Information RATES AND CHARGES NOTES: The 'NOTES' section of the 'RATES AND CHARGES' pages of Contract Service Arrangement Agreement (now converted to Pricing Schedule) GA03-C307-01 is modified by the addition of the following: Add Notes 8 -12: 8. Centrex Payment Plan designation is for provisioning purposes only. 9. The appropriate tariff notes associated with each Centrex rate element apply as specified in the GSST. 10. For PRI Expanded Move DRC and PRI Overflow, the customer must purchase/maintain BellSouth® Primary Rate ISDN service. Any PRI affected by these serving arrangements must be set to all calls billed to one (1) number. 11. For PRI Overflow, the calls must overflow between two Voice/Data PRI Arrangements. An Arrangement is defined as a trunk group. 12. The following nonrecurring charges will not apply upon installation. However, if all or any part of the service is disconnected prior to the expiration of the selected term, then Customer will pay full nonrecurring charges that were waived at installation as identified below in addition to applicable termination liability charges: USOC Description Nonrecurring Charge CENAA Centrex Features $19.50 each M1ACS Standard Common Equipment $600.00 each M1ACC Customized Common Equipment $750.00 each CCXEN $950.00 each M2ADA System Abbreviated Dialing $75.00 each Line Connection, first $58.25 each Line Connection, Additional $30.00 each WHH9U provide facility between the central offices for PRI telephone numbers from a different TMRC $471.00 each WHHS6 Expanded Move Incoming Telephone Number (TN) $2.00 each WQQFM Special Translations associated with providing telephone numbers from a different TMRC, Per block of TNs $314.00 each WQQFN Special Translations associated with providing telephone numbers from a different TMRC, One-time charge, per request $678.00 each WDDX7 PRI Overflow Feature for Voice/Data Arrangements $100.00 each WHH9V Special Translations for Number Overflow $381.00 each - Special Service Arrangement to allow ANSA PRI from Fleming SWC T) to be part of trunk group with other PRIs in AGSTGAMT $875.00 each Furthermore, upon Customer’s request to disconnect all service prior to the expiration of the selected term, Customer will be charged a one-time Contract Preparation Charge in the amount of $423.00. There are no other additions, deletions or changes to the above referenced Contract Service Arrangement Agreement(now converted to Pricing Schedule) included in this Addendum Agreement. All other terms and conditions as previously agreed and acknowledged remain unchanged and in full force. Attachment number 2 \nPage 4 of 5 Item # 27 Addendum Agreement Case Number GA12-2181-00 Option 1 of 1 Page 5 of 5 AT&T and Customer Confidential Information All trademarks and service marks contained herein are owned by AT&T Intellectual Property and/or AT&T affiliated companies. END OF ARRANGEMENT AGREEMENT OPTION 1 Attachment number 2 \nPage 5 of 5 Item # 27 Commission Meeting Agenda 11/20/2012 5:00 PM 2012 - PS AG Tractors Department:Finance Department - Fleet Management Division Caption:Motion to approve the replacement of two agricultural tractors for the Augusta Engineering Department – Maintenance Division. (Approved by Finance Committee November 12, 2012) Background:The Engineering Department would like to request the replacement of two older tractors, asset number 940419 a 1994 model an 18 year old Case tractor mower with an extensive maintenance record and a 1992 model, asset number JJE0007549 a 20 year old Case tractor/mower. Both tractors have been used in right of way mowing. Because of their ages these tractors are accumulating an unacceptable maintenance history/cost. Assessments of each tractor is attached for review. Analysis:Fleet Management submitted a request for bids through the Procurement Department utilizing the Demand Star electronic bid system which offers nationwide bid coverage. The Procurement Department received quotes back from one vendor with the following results (see page 3 of attachments): Bid: 12-192 – Jenkins Tractor Company - $41,400 each for the 4X2 model and $51,487.00 the 4X4. Financial Impact:The vehicles will be purchased using the General Fund Capital Outlay funds. The Department is requesting one 4X2 and one 4X4 tractor for a total cost of $92,887.00 Alternatives:(1.) Approve the request in part.( 2.)Do not approve the request. Recommendation:Approve the replacement of two Ag tractors as requested by the Engineering Department. Funds are Available in the Following Accounts: 272-01-6440/54.25510 (Capital Outlay) Cover Memo Item # 28 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 28 Attachment number 1 \nPage 1 of 3 Item # 28 Attachment number 1 \nPage 2 of 3 Item # 28 Attachment number 1 \nPage 3 of 3 Item # 28 Invitation to Bid Sealed bids will be received at this office until Tuesday, September 11, 2012 @ 11:00 a.m. for furnishing: Bid Item 12-192 Agricultural Tractor for Fleet 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 24, 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 August 2, 9, 16, 23, 2012 Metro Courier August 8, 2012 cc: Tameka Allen Deputy Administrator Ron Crowden Fleet Department Russell Sanders Fleet Department Revised: 8/15/2011 Attachment number 2 \nPage 1 of 1 Item # 28 Attachment number 3 \nPage 1 of 2 Item # 28 Attachment number 3 \nPage 2 of 2 Item # 28 Attachment number 4 \nPage 1 of 3 Item # 28 Attachment number 4 \nPage 2 of 3 Item # 28 Attachment number 4 \nPage 3 of 3 Item # 28 Vendors Jenkins Tractor 3585 Mike Padgett Highway Augusta, GA 30906 John Deere 700 Horizon South Parkway Grovetown, GA 30813 Tractor Supply 596 Bobby Jones Expressway Augusta, GA 30907 Burke Truck & Tractor 706 W 6th Street Waynesboro, GA 30830 Flint Equipment 1900 William Few Parkway Grovetown, GA 30813 Jim's Tractor & Implement Supply 4054 Deans Bridge Road Hephzibah, GA 30815 Attachment B Yes E-Verify Number 196222 Year 2012 Brand New Holland Model TS6-110 Bid Price $40,593.00 7.01 Enclosed Cab $6,496.00 7.02 Dual Rear Wheels $5,480.00 7.03 Weight Kit Installed $807.00 7.04 4 x 4 Drive $4,604.00 Approx. Delivery Date 30 - 90 Days Bid Item #12-192 Agricultural Tractor for Environmental Services Bid Due Date: Tuesday, September 11, 2012 @ 11:00 a.m Page 1 of 1 At t a c h m e n t n u m b e r 5 \ n P a g e 1 o f 1 It e m # 2 8 Commission Meeting Agenda 11/20/2012 5:00 PM GPS Tracking Service Department:Finance/Risk Managment Division Caption:Motion to approve the continuation of the GPS tracking service subscription with GPS North America and approve purchase of thirty additional units including tracking subscription. (Approved by Finance Committee November 12, 2012) Background:The Vehicle Oversight Program and the purchase of the GPS Tracking units through GPS North America were approved by the Commission in November 2008 with additional units approved in June 2009. The current number of units totals 443. There is a need for at least 30 additional units in order to capture vehicles that are not currently equipped. Analysis:Entering fifth year of service. The GPS units were intended to modify the driving behavior of our workforce, that goal has been reached. Employees continue to drive at much lower speeds around town as well as on the interstate highways. At this time it is felt that removal of these units would be counterproductive to the gains made thus far. In order to continue to influence employees’ driving behavior it would be to management’s advantage to retain this resource in order to continue monitoring the driving habits of our employees. General fund vehicles and Fire fund vehicles continue to show a slight decrease in fuel usage. One of our largest departments, Augusta Utilities, shows a greater decrease in fuel usage than the other funds. A report for 2012 October 1 – October 16 shows AUD with 15 supervisors / managers / director logging into the system. Monitoring of their vehicles has become integrated into their daily activity and they show more consistent use of the system throughout the month. Financial Impact:Annual sustainment cost for current tracking is $142,560 for 443 units. Purchase of 30 additional units to including annual tracking service $15,720. Total request $158,280 Alternatives:1. Approve continuation of current service with no additional units purchased. 2. Do not approve the request and remove the GPS units from service. Cover Memo Item # 29 Recommendation:Approve the continuation of the GPS Tracking Service through 2013 with GPS North America including purchase of additional units for $158,280. This subscription pricing will remain in effect for a minimum of two years. Funds are Available in the Following Accounts: 611-01-5211 53-16210 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 29 Risk Management 10/17/12 Fuel Usage Comparison 2010, 2011, 2012 thru 08/11/12 Attachment number 1 \nPage 1 of 1 Item # 29 Commission Meeting Agenda 11/20/2012 5:00 PM Approve construction contract award in the amount of $1,334,492.00 to Lakeshore Engineering LLC for the Fort Gordon Gate 4 Booster Pump Station . Bid item #12-205 Department:Augusta Utilities Department Caption:Approve construction contract award to Lakeshore Engineering LLC in the amount of $1,334,492.00. Background:The Privatization of Water/Wastewater Utilities contract between Fort Gordon and Augusta Richmond County was awarded September 2007. The requirements of the contract include executing Initial Capital Upgrades (ICU) projects for the water and wastewater systems throughout Fort Gordon. One of the Initial Capital Upgrades is Extension of the Water Distribution System at Gate 4 to improve water supply and provide redundancy in the Fort Gordon service area. The work to complete this project will include a new pumping station along Willis Foreman Rd. Analysis:Lakeshore Engineering LLC submitted an acceptable bid package and was the lowest responsive bidder. The staff of the Utilities Department has completed evaluation of the bid package and it is recommended that the award go to Lakeshore Engineering LLC 1,334,492.00 Financial Impact:The amount submitted for the execution of this project was $1,334,492.00. These funds are available from the following account:507043410-5425110/88880068-5425110 Alternatives:1. Reject the award of the construction contract, would delay the construction of the Fort Gordon Water Distribution System at Gate 4 Project. Recommendation:It is recommended that the award for construction of the Gate 4 Booster Pump Station Project be approved at $1,334,492.00 Funds are Available in the Following Accounts: $ 1,334,492.00.from account 507043410-5425110/88880068- 5425110 Cover Memo Item # 30 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 30 Attachment number 1 \nPage 1 of 3 Item # 30 Attachment number 1 \nPage 2 of 3 Item # 30 Attachment number 1 \nPage 3 of 3 Item # 30 Attachment number 2 \nPage 1 of 1 Item # 30 VENDORS Attachment B E-Verify # Addendum 1-2 Bid Bond Lump Sum Crowder Construction 1229 Royal DR Ste C Conyers, GA 30094 Yes 95514 Yes Yes $1,512,000.00 Wharton-Smith Inc 750 Monroe Road Sanford, FL 32771 Yes 142070 Yes Yes $1,567,777.00 Lakeshore Engineering 1259 Ellsworth Drive Atlanta, GA 30318 Yes GLON4831 Yes Yes $1,334,492.00 GPM Environmental 1326B Union Hill Rd Alpharetta, GA 30004 Bid Item #12-205 Fort Gordon Gate 4 Booster Pump Station for Augusta, Georgia - Utilities Department Bid Due: Thursday, October 11, 2012 @ 3:00 p.m. Page 1 of 1 Attachment number 3 \nPage 1 of 1 Item # 30 Attachment number 4 \nPage 1 of 2 Item # 30 Attachment number 4 \nPage 2 of 2 Item # 30 Crowder Construction Attn: Mark Dickson 1229 Royal Drive, Suite C Conyers, GA 30094 Wharton-Smith Inc Attn: Dawn Bragg 750 Monroe Road Sanford, FL 32771 Lakeshore Engineering Attn: Garland Long 1259 Ellsworth Drive Atlanta, GA 30318 Jerry Delaughter Utilities Department Bay Street Stanley Aye Utilities Department Bay Street Tom Wiedmeier Utilities Department Bay Street Bid 12-205 Fort Gordon Gate 4 Booster Pump Station mailed September 10, 2012 Bid Item 12-205 Fort Gordon Gate 4 Booster Pump Station For Utilities Department Bid Due: Thurs 10/4/12 @ 3:00 p.m. Attachment number 5 \nPage 1 of 1 Item # 30 Commission Meeting Agenda 11/20/2012 5:00 PM Approve contract for the Cleaning Sanitary Sewer Systems Project for Utilities Department. Department:Tom Wiedmeier, P.E., Director Augusta Utilities Department Caption:Approve Avrett Plumbing Company, Inc. in the amount of $229,200.13 for cleaning of sanitary sewer systems to be performed under Account Number 506043410-52232220. Background:Augusta Utilites Department must have existing sanitary sewer systems cleaned to allow the systems to perform at appropriate levels as designed. Many sanitary sewer lines have debris and silt that must be removed. Under this contract with Avrett Plumbing Company approximately 215,000 linear feet of piping will be cleaned of various sizes from eight inchs in diameter to eighteen inchs in diameter. Analysis:This sanitary sewer cleaning contract will allow the contractor to mobilize in the right-of-way and in areas designated as “off site” or out of the right-of-way so that equipment can be set up to clean debris and silt from the sanitary sewer systems. Pricing includes mobilization and demobilization of equipment for designated multiple 15,000 linear foot “modules” of piping to be cleaned, as well as smaller modules, on an as needed basis, in addition to the costs of the actual cleaning of the piping systems as per a Cleaning Specification approved to perform this sanitary sewer cleaning project. Financial Impact:The Sanitary Sewer Systems Cleaning Project funding will be in account 506043410-52232220 Alternatives:No alternatives are recommended Recommendation:Augusta Utilities Department recommends the Commission approve the Cleaning of Sanitary Sewer Systems for Utilities Department contract with Averett Plumbing Company, Inc. in the amount of $ 229,200.13. Funds are Available FUNDS AVAILABLE IN THE FOLLOWING ACCOUNTS: Cover Memo Item # 31 in the Following Accounts: 506043410-52232220 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 31 Invitation to Bid Sealed bids will be received at this office on Tuesday, August 21, 2012 @ 3:00 p.m. for furnishing: Bid Item 12-177 Cleaning Sanitary Sewer Systems for Augusta Utilities 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. A Mandatory Pre Bid Conference will be held on Friday, August 3, 2012 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. 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 Tuesday, August 7, 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 90 days after time has been called on the date of opening. A 100% payment bond and a 100% performance 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 places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Augusta Chronicle July 12, 19, 26, 2012 and August 2, 2012 Metro Courier July 18, 2012 cc: Tameka Allen Deputy Administrator Tom Wiedmeier Utilities Department Jerry Delaughter Utilities Department Russell Thies Utilities Department Joe Holland Utilities Department Revised: 8/15/2011 Attachment number 1 \nPage 1 of 1 Item # 31 Bid Item #12-177 Cleaning Sanitary Sewer Systems For City of Augusta - Utilities Department Bid Opening: Tuesday, August 21, 2012 @ 3:00 p.m. Size LF,MOD & CY Price Total LF,MOD & CY Price Total LF,MOD & CY Price Total LF,MOD & CY Price Total 133,000 LF $0.75 $99,750.00 $2.75 $365,750.00 $1.00 $133,000.00 7,000 LF $1.25 $8,750.00 $9.00 $63,000.00 $1.00 $7,000.00 57,000 LF $1.95 $111,150.00 $1.35 $76,950.00 $1.00 $57,000.00 3,000 LF $2.75 $8,250.00 $4.50 $13,500.00 $1.00 $3,000.00 13 Mod 15,000 LF $0.01 $0.13 $1.00 $13.00 $1,300.00 $16,900.00 1,300 CY $1.00 $1,300.00 $100.00 $130,000.00 $10.00 $13,000.00 Rain for Rent 2330 Burnt Wood Drive NW Kennesaw, GA 30152 YesYes Yes Yes Avrett Plumbing Company 2332-A New McDuffie Road Augusta, GA 30906 Video Industrial Services 248 East Crogan Street Lawrenceville, GA 30046 592698 197339 164847 Attachment B E-Verify Number Townley Construction Company 1061 War Hill Park Road Dawsonville, GA 30534 Vendors 8-18" SS in the Right of Way 18" SS and above in of the Right of Way Mobilization for each module to be cleaned Material Removed Item 8-18" SS out of Right of Way 18" SS and above out of the right of way Yes Yes $229,900.00Grand Total Addendum 1 $229,200.13 $649,213.00 Page 1 of 2 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 2 It e m # 3 1 Bid Item #12-177 Cleaning Sanitary Sewer Systems For City of Augusta - Utilities Department Bid Opening: Tuesday, August 21, 2012 @ 3:00 p.m. Size LF,MOD & CY Price Total LF,MOD & CY Price Total LF,MOD & CY Price Total LF,MOD & CY Price Total 133,000 LF 7,000 LF 57,000 LF 3,000 LF 13 Mod 15,000 LF 1,300 CY Material Removed Item 8-18" SS out of Right of Way 18" SS and above out of the right of way 8-18" SS in the Right of Way 18" SS and above in of the Right of Way Mobilization for each module to be cleaned Budget Sewer Services, Inc 2614 Mike Padgett Highway Augusta, GA 30906 Augusta Industrial Services, Inc 15 Lover’s Lane Augusta, GA 30901 Grand Total No Bid Response No Bid Response Vendors BNS/VIS 516 Rountree Road Charlotte, NC 28217 Attachment B E-Verify Number Addendum 1 American Infrastructure Technology 8799 US Highway 31 Hanceville, AL 35077-7140 Page 2 of 2 At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 2 It e m # 3 1 Attachment number 3 \nPage 1 of 1 Item # 31 Attachment number 4 \nPage 1 of 2 Item # 31 Attachment number 4 \nPage 2 of 2 Item # 31 Attachment number 5 \nPage 1 of 3 Item # 31 Attachment number 5 \nPage 2 of 3 Item # 31 Attachment number 5 \nPage 3 of 3 Item # 31 Commission Meeting Agenda 11/20/2012 5:00 PM East Central Georgia Regional Hospital, Water Operations and Lab Assistance Department:Utilities Caption:Approve proposal for Augusta Utilities to provide Water Operations and Lab Assistance to East Central Georgia Regional Hospital at Gracewood (Gracewood). Background:Gracewood currently operates on-site water and wastewater systems, including a well system and wastewater treatment plant. They will soon be decommissioning their wastewater plant and sending their wastewater to our system for treatment. Gracewood has also requested that we evaluate the possibility of providing operational and lab support for their groundwater treatment system. Analysis:Because of the proximity of Gracewood to the Hicks Plant and our Groundwater Treatment Plants, this support can easily be incorporated into the operational rounds of the groundwater plants. We propose providing the services outlined in the attached proposal for a monthly fee of $1,067. Financial Impact:We will realize new sewer revenue of approximately $14,000 per month once Gracewood begins discharging. The fee of $1,067 per month for water and lab assistance will be adequate to cover the cost of this service. Alternatives:The Commission could elect not to approve the attached proposal. Recommendation:We recommend approval of the attached proposal, and authorize execution of a contract with the State subject to approval of the Administrator and City Attorney. Funds are Available in the Following Accounts: Cover Memo Item # 32 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 32 Attachment number 1 \nPage 1 of 3 Item # 32 Attachment number 1 \nPage 2 of 3 Item # 32 Attachment number 1 \nPage 3 of 3 Item # 32 Commission Meeting Agenda 11/20/2012 5:00 PM Gail Kelly Department:Clerk of Commission Caption:Presentation by Ms. Gail Kelly regarding her sewer line tie-in. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 33 Attachment number 1 \nPage 1 of 1 Item # 33 Commission Meeting Agenda 11/20/2012 5:00 PM Heritage Park Deed of Dedication and Maintenance Agreement Department:Augusta Utilities Department Caption:Motion to approve and accept the water and gravity sanitary sewer Deed of Dedication and Maintenance Agreement for Heritage Park. Background:Heritage Suites, LLC is the developer of the Heritage Park subdivision and wishes to dedicate the water distribution system and gravity sanitary sewer system to Augusta. Analysis:Both systems passed inspection and testing, by the Augusta Utilities Department. Financial Impact:None Alternatives:Deny motion to approve and accept the water and gravity sanitary sewer Deed of Dedication and Maintenance Agreement for Heritage Park, and let the systems remain private. Recommendation:Approve motion to approve and accept the water and gravity sanitary sewer Deed of Dedication and Maintenance Agreement for Heritage Park. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 34 Attachment number 1 \nPage 1 of 10 Item # 34 Attachment number 1 \nPage 2 of 10 Item # 34 Attachment number 1 \nPage 3 of 10 Item # 34 Attachment number 1 \nPage 4 of 10 Item # 34 Attachment number 1 \nPage 5 of 10 Item # 34 Attachment number 1 \nPage 6 of 10 Item # 34 Attachment number 1 \nPage 7 of 10 Item # 34 Attachment number 1 \nPage 8 of 10 Item # 34 Attachment number 1 \nPage 9 of 10 Item # 34 Attachment number 1 \nPage 10 of 10 Item # 34 Commission Meeting Agenda 11/20/2012 5:00 PM James Brown Boulevard Enhancement Grant Department:Abie L. Ladson, PE, CPESC, Director Caption:Motion to approve a contract with the Georgia Department of Transportation (GDOT) for the James Brown Blvd. Streetscape Project as requested by AED-Traffic Engineering. Background:The city of Augusta is the recipient of a $650,000 award from GDOT under the federally-funded Transportation Enhancement (TE) reimbursement program. The TE program funds community- based projects that expand travel choices and enhance the transportation experience by improving the cultural, historic, aesthetic and environmental aspects of the surface transportation system. The award represents a combination of TE funds awarded for the Reynolds Street Depot Community Center, in the amount of $450,000, and a separate award of $200,000 for the James Brown Blvd. Streetscape project. At the request of the city, GDOT approved the transfer of the funds for the depot project to the streetscape project. Analysis:The James Brown Blvd. Streetscape project includes aesthetic and safety enhancements within the existing right-of-way from the Reynolds Street intersection on the north to the Adams Street intersection on the south (near Dyess Park). The Downtown Development Authority is managing the project for the city. The Cranston Engineering Group is preparing construction plans for the project. Major elements of the project include demolition and reconstruction of concrete sidewalks, curb and gutter, installation of handicapped curb cut ramps at intersections, installation of street lights, street trees, trash receptacles and way-finding kiosks, and upgrades to storm water drains and catch basins. The project will not impact recent streetscape improvements made in the vicinity of the new library and the Augusta Judicial Center and John H. Ruffin, Jr. Courthouse. Financial Impact:The 20% local match required for the project, $162,500, is in the DDA Capital Fund Account #272-075510 Alternatives:1. Accept the grant award and allow project to move forward. 2. Cover Memo Item # 35 Do not approve and enhancement project cannot proceed. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: Funds available in 272-07-5510 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 35 Attachment number 1 \nPage 1 of 33 Item # 35 Attachment number 1 \nPage 2 of 33 Item # 35 Attachment number 1 \nPage 3 of 33 Item # 35 Attachment number 1 \nPage 4 of 33 Item # 35 Attachment number 1 \nPage 5 of 33 Item # 35 Attachment number 1 \nPage 6 of 33 Item # 35 Attachment number 1 \nPage 7 of 33 Item # 35 Attachment number 1 \nPage 8 of 33 Item # 35 Attachment number 1 \nPage 9 of 33 Item # 35 Attachment number 1 \nPage 10 of 33 Item # 35 Attachment number 1 \nPage 11 of 33 Item # 35 Attachment number 1 \nPage 12 of 33 Item # 35 Attachment number 1 \nPage 13 of 33 Item # 35 Attachment number 1 \nPage 14 of 33 Item # 35 Attachment number 1 \nPage 15 of 33 Item # 35 Attachment number 1 \nPage 16 of 33 Item # 35 Attachment number 1 \nPage 17 of 33 Item # 35 Attachment number 1 \nPage 18 of 33 Item # 35 Attachment number 1 \nPage 19 of 33 Item # 35 Attachment number 1 \nPage 20 of 33 Item # 35 Attachment number 1 \nPage 21 of 33 Item # 35 Attachment number 1 \nPage 22 of 33 Item # 35 Attachment number 1 \nPage 23 of 33 Item # 35 Attachment number 1 \nPage 24 of 33 Item # 35 Attachment number 1 \nPage 25 of 33 Item # 35 Attachment number 1 \nPage 26 of 33 Item # 35 Attachment number 1 \nPage 27 of 33 Item # 35 Attachment number 1 \nPage 28 of 33 Item # 35 Attachment number 1 \nPage 29 of 33 Item # 35 Attachment number 1 \nPage 30 of 33 Item # 35 Attachment number 1 \nPage 31 of 33 Item # 35 Attachment number 1 \nPage 32 of 33 Item # 35 Attachment number 1 \nPage 33 of 33 Item # 35 Commission Meeting Agenda 11/20/2012 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Engineering Services Committee held on October 29, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 36 Attachment number 1 \nPage 1 of 2 Item # 36 Attachment number 1 \nPage 2 of 2 Item # 36 Commission Meeting Agenda 11/20/2012 5:00 PM Ordinance to amend, update, and make certain corrections to Code Sections 7-3-8 through 7-3-10 Department:Engineering Caption:An Ordinance to amend, update, and make certain corrections to the Augusta, Georgia Code, Title Seven Chapter Three Article Two Section 7-3-8 through 7-3-10; to repeal all Code sections and ordinances and parts of Code sections and ordinances in conflict herewith; to provide an effective date and for other other purposes provided herein. Background:Several of the conditions relating to the construction and maintenance of streets, sidewalks, curbs, speed humps, storm water systems and sewer systems were inadvertently left out of subsequent amendments to these sections of the Code. 1997 Ga. Laws p. 4024 designates the name of the consolidated governments as “Augusta, Georgia”. Analysis:The Engineering Department strives to ensure accuracy in the Code and continues to promote safe driving habits to protect the public health, safety, and welfare of Augusta, Georgia citizens. In addition, there is a need to update the Code to reflect the name of the consolidated government. No substantive changes are being proposed by this amendment as shown on the attached redline draft. Financial Impact:N/A. Alternatives:N/A. Recommendation:Approve. Funds are Available in the Following Accounts: N/A. REVIEWED AND APPROVED BY: Cover Memo Item # 37 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 37 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND, UPDATE, AND MAKE CERTAIN CORRECTIONS TO THE AUGUSTA, GEORGIA CODE, TITLE SEVEN CHAPTER THREE ARTICLE TWO SECTION 7-3-8 THROUGH 7-3-10; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR THE OTHER PURPOSES PROVIDED HEREIN. WHEREAS, Several of the conditions relating to the construction and maintenance of streets, sidewalks, curbs, speed humps, storm water systems and sewer systems were inadvertently left out of subsequent amendments to these sections of the Code; and WHEREAS, the Augusta, Georgia Commission strives to ensure accuracy in the Code and continues to promote safe driving habits to protect the public health, safety, and welfare of Augusta, Georgia citizens; and WHEREAS, 1997 Ga. Laws p. 4024 designates the name of the consolidated governments as “Augusta, Georgia”; and WHEREAS, Augusta, Georgia seeks to update the Code to reflect the name of the consolidated government. THE AUGUSTA, GEORGIA COMMISSION, ordains as follows: SECTION 1. AUGUSTA, GA. CODE Sections 7-3-8 through 7-3-10 as set forth in the AUGUSTA, GA. CODE, re-adopted July 10, 2007, is hereby amended by striking said sections in their entirety as set forth in “Exhibit A” hereto, SECTION 2. Amendments to AUGUSTA, GA. CODE Section 7-3-8 as set forth in Ordinance No. 7056, enacted June 17, 2008, are hereby deleted in their entirety, as set forth in “Exhibit B” hereto, SECTION 3. Amendments to AUGUSTA, GA. CODE Section 7-3-8 through 7-3-10 as set forth in Ordinance No. 7097 enacted November 18, 2008, are hereby deleted in their entirety, as set forth in “Exhibit C” hereto, SECTION 4. In lieu of the above stricken AUGUSTA, GA. CODE Sections 7-3-8 through 7-3-10, the Code is hereby amended by inserting new Code Sections 7-3-8 through 7-3-10, as set forth in “Exhibit D” hereto. SECTION 5. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 6. All ordinances or parts of ordinances and Department of Engineering Policies and Procedures in conflict herewith are hereby repealed. Attachment number 1 \nPage 1 of 7 Item # 37 Adopted this _____ day of , 2012. 1st reading_________________ 2nd reading________________ ___________________________ David S. Copenhaver As its Mayor Attest: ______________________________ Lena J. Bonner, Clerk of Commission Seal: Attachment number 1 \nPage 2 of 7 Item # 37 CERTIFICATION The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta-Richmond County Commission on_________________, 2012 and that such Ordinance has not been modified or rescinded as of the date hereof and the undersigned further certifies that attached hereto is a true copy of the Ordinance which was approved and adopted in the foregoing meeting(s). ______________________________ Lena J. Bonner, Clerk of Commission Published in the Augusta Chronicle. Date: ______________________ Attachment number 1 \nPage 3 of 7 Item # 37 Exhibit A Striking: Sec. 7-3-8. Conditions. The construction or maintenance of any streets, roads, sidewalks, curbs, speed humps, storm water systems and sewer systems in Augusta-Richmond County may be done by Augusta- Richmond County upon approval of the Augusta-Richmond County Commission when seventy- five (75) percent of the owners of the property abutting such improvements shall consent thereto and agree to be assessed for the cost thereof on a pro rata basis as provided for herein. (a) The Traffic Engineering Division will process the speed hump policy, and will conduct the necessary studies to determine whether a street is eligible for street humps. Sec. 7-3-9. Required development. No construction or improvement of any streets, roads, sidewalks, speed humps or curbs in Augusta- Richmond County may be done by Augusta-Richmond County unless the property adjacent to the street, road, sidewalk or curb is eighty (80) percent developed. The required development herein shall be determined by the following formula: The front footage of all lots or parcels adjacent to the street, road, curb or sidewalk being installed or improved shall be totaled and the total front footage of all lots or parcels shall be divided into the total front footage of all lots or parcels with improvements thereon to arrive at the percentage of development. Sec. 7-3-10. Assessment of cost. The Augusta-Richmond County Commission assess the entire cost of such improvements, or any portion thereof, as determined by the Commission, against such abutting property owners; however, no assessment shall be made against the abutting property owners unless the same is consented to in writing by the owners of seventy-five (75) percent of the property abutting such improvements. Attachment number 1 \nPage 4 of 7 Item # 37 Exhibit B Striking: Section 7-3-8. Conditions (a) The Augusta-Richmond County Commission desires to protect the health, safety and welfare of its citizens by ensuring the emergency vehicles have access to private roads and streets in the safest possible manner, and that, the County be reimbursed for costs of such maintenance services, and provide other assurances: (b) The provisions of this article shall apply to incorporated areas within Augusta-Richmond County under the jurisdiction of the Board of Commissioners. (c) The Public Services Department Engineering Maintenance is responsible for the administration of the program and will enter into a release with the owner(s) of the property regarding ingress and egress to the property and the costs and/or expenses associated with making the improvements. Attachment number 1 \nPage 5 of 7 Item # 37 Exhibit C Striking: Section 7-3-8. Conditions The construction or maintenance of any streets, roads, sidewalks, curbs, speed humps, storm water systems and sewer systems in Augusta-Richmond County may be done by Augusta- Richmond County upon approval of the Augusta-Richmond County Commission when seventy- five (75) percent of the owners of the property abutting such improvements shall consent thereto and agree to be assessed for the cost thereof on a pro rata basis as provided for herein. (a) The Traffic Engineering Division will process the speed hump policy. and will conduct the necessary studies to determine whether a street is eligible for street humps Section 7-3-9. Required development. No construction or improvement of any streets, roads, sidewalks, speed humps or curbs in Augusta-Richmond County may be done by Augusta-Richmond County unless the property adjacent to the street, road, sidewalk or curb is eighty(80) percent developed. The required development herein shall be determined by the following formula: The front footage of all lots or parcels adjacent to the street, curb or sidewalk being installed or improved shall be totaled, and the total front footage of all lots or parcels shall be divided into the total front footage of all lots or parcels with improvements thereon to arrive at the percentage of development. Section 7-3-10. Assessment of cost. The Augusta-Richmond County Commission assess the entire cost of such improvements, or any portion thereof, as determined by the Commission, against such abutting property owners; however, no assessment shall be made against the abutting property owners unless the same is consented to in writing by the owners of seventy-five (75) percent of the property abutting such improvements. Attachment number 1 \nPage 6 of 7 Item # 37 Exhibit D Replace With: Section 7-3-8. Conditions (a) The Augusta, Georgia Commission desires to protect the health, safety and welfare of its citizens by ensuring the emergency vehicles have access to private roads and streets in the safest possible manner, and that, the County be reimbursed for costs of such maintenance services, and provide other assurances: (b) The provisions of the article shall apply to incorporated areas within Augusta, Georgia under the jurisdiction of the Board of Commissioners. (c) The Augusta Engineering Department is responsible for the administration of the program and will enter into a release with the owner(s) of the property regarding ingress and egress to the property and the costs and/or expenses associated with making the improvements. Section 7-3-9. Required development. (a) No construction or improvement of any streets, roads, sidewalks, speed humps or curbs in Augusta, Georgia may be done by Augusta, Georgia unless the property adjacent to the street, road, sidewalk or curb is eighty(80) percent developed. The required development herein shall be determined by the following formula: The front footage of all lots or parcels adjacent to the street, curb or sidewalk being installed or improved shall be totaled, and the total front footage of all lots or parcels shall be divided into the total front footage of all lots or parcels with improvements thereon to arrive at the percentage of development. (b) The Traffic Engineering Division will process the speed hump policy and will conduct the necessary studies to determine whether a street is eligible for street humps. Section 7-3-10. Assessment of cost. The Augusta, Georgia Commission assess the entire cost of such improvements, or any portion thereof, as determined by the Commission, against such abutting property owners; however, no assessment shall be made against the abutting property owners unless the same is consented to in writing by the owners of seventy-five (75) percent of the property abutting such improvements. Attachment number 1 \nPage 7 of 7 Item # 37 Redline Section 7-3-8. Conditions (a) The Augusta, Georgia Commission desires to protect the health, safety and welfare of its citizens by ensuring the emergency vehicles have access to private roads and streets in the safest possible manner, and that, the County be reimbursed for costs of such maintenance services, and provide other assurances: (b) The provisions of the article shall apply to incorporated areas within Augusta, Georgia under the jurisdiction of the Board of Commissioners. (c) The Augusta Engineering Department is responsible for the administration of the program and will enter into a release with the owner(s) of the property regarding ingress and egress to the property and the costs and/or expenses associated with making the improvements. Section 7-3-9. Required development. (a) No construction or improvement of any streets, roads, sidewalks, speed humps or curbs in Augusta-Richmond County Augusta, Georgia may be done by Augusta-Richmond County Augusta, Georgia unless the property adjacent to the street, road, sidewalk or curb is eighty(80) percent developed. The required development herein shall be determined by the following formula: The front footage of all lots or parcels adjacent to the street, curb or sidewalk being installed or improved shall be totaled, and the total front footage of all lots or parcels shall be divided into the total front footage of all lots or parcels with improvements thereon to arrive at the percentage of development. (b) The Traffic Engineering Division will process the speed hump policy and will conduct the necessary studies to determine whether a street is eligible for street humps. Section 7-3-10. Assessment of cost. The Augusta-Richmond County Augusta, Georgia Commission assess the entire cost of such improvements, or any portion thereof, as determined by the Commission, against such abutting property owners; however, no assessment shall be made against the abutting property owners unless the same is consented to in writing by the owners of seventy-five (75) percent of the property abutting such improvements. Version 11-5-2012 Attachment number 2 \nPage 1 of 1 Item # 37 Commission Meeting Agenda 11/20/2012 5:00 PM Stormwater Fee Department:Clerk of Commission Caption:Discuss/approve stormwater fee. (Requested by Commissioner Mason) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 38 Attachment number 1 \nPage 1 of 1 Item # 38 Commission Meeting Agenda 11/20/2012 5:00 PM Utilities Sole Source Purchase of Meters Department:Utilities, Tom Wiedmeier, Director Caption:Approve Utilities Sole Source Purchase of Meters from Clayton County. Background:Starting in 2003, AUD has been installing the same basic meters and Electronic Radio Transmitters (ERT’s). We have replaced virtually all of the 7,000 commercial meters and approximately 24,000 of the residential meters with the same Badger meters and Itron ERT’s. We have also developed a meter maintenance program to upkeep those meters. Badger Meter has been our supplier for the past several years. We are in the process of putting into place a plan to replace the remaining 30,000 manual read meters in our system with ERT’s at the rate of 6,000 per year over the next five years. The previous model of Itron ERT’s had some technical issues and therefore, this month they will begin replacing all affected ERT’s under warranty with the newest technology, their 100W model. We began buying this version of ERT in the past few months. Since this updated technology is very new and therefore, still largely untested, we are not certain yet if the newer version is free of the problems we experienced with the previous model.We are currently down to a few hundred meters and ERT’s in our warehouse and we have not issued a new meter bid because we were hesitant to create a new 2-year bid for meters and ERT’s while we were unsure of the reliability of the new model of ERT’s. Analysis:We have been advised of an opportunity to purchase a quantity of new 1500 - 5/8” Badger meters, each with an electronic register, from Clayton County, GA. Clayton County is no longer using these meters and would like to sell them. This is an opportunity to supply our need for meters at a discounted rate. They have quoted us the unit selling prices as noted: Clayton County $75.00 Badger Meter $99.00 United Utilities $120.00 Unit Savings $24.00 Each This purchase would allow us a substantial savings, as well as supply us with 5/8” meters for our ongoing residential meter upgrade program and allow for standardization of the meters within our water supply system. AUD believes this is a critical decision that will affect the efficiency of our meter reading Cover Memo Item # 39 process for years to come. That is why we felt uncomfortable issuing another bid for two years that did not address exactly what we need from our next meter distributor. We plan to develop a bid that will take into account the present Itron radio read technology. It will also consider the addition of a new radio read systems. The two systems must be able to be effectively managed simultaneously and with the same data logger, if at all possible. AUD would like the time to set up Beta sites within our system to actually put a sample of competitor’s products in the ground and spend a few months performing analysis of the results of reading both technologies simultaneously so we can properly create our bid and evaluate the responses. This research will take a minimum of six months. We are requesting Commission’s approval for the purchase of these items from Clayton County in order to permit standardization within our water supply system and for us to fulfill the short-term needs of our customers. We urgently need to replenish our warehouse supply of meters and do not have enough meters in stock to last until a bid is prepared and approved. Financial Impact:Total cost of the request for 1,500 meters is $112,500, at a savings of $36,000 over the second lowest quote. Funds are available in fund 506-04-3210-5315111. Alternatives:None Recommendation:We recommend that the Commission approve the purchase of meters from Clayton County. Funds are Available in the Following Accounts: 506-04-3210-5315111. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 39 Attachment number 1 \nPage 1 of 1 Item # 39 Attachment number 2 \nPage 1 of 1 Item # 39 Attachment number 3 \nPage 1 of 4 Item # 39 Attachment number 3 \nPage 2 of 4 Item # 39 Attachment number 3 \nPage 3 of 4 Item # 39 Attachment number 3 \nPage 4 of 4 Item # 39 Attachment number 4 \nPage 1 of 1 Item # 39 Attachment number 5 \nPage 1 of 1 Item # 39 Attachment number 6 \nPage 1 of 1 Item # 39 Commission Meeting Agenda 11/20/2012 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held November 8 and Special Called Meeting held November 12, 2012. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 40 Commission Meeting Agenda 11/20/2012 5:00 PM YF2013 Budget Department: Caption:Motion to approve Augusta-Richmond County Proposed FY 2013 Budget. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 41 Commission Meeting Agenda 11/20/2012 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 # 42