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
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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
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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
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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
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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
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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
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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
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AT&T and Customer Confidential Information
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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:
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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
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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
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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,
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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.
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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.
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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:
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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:
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