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HomeMy WebLinkAbout2013-08-06-Meeting Agenda Commission Meeting Agenda Commission Chamber 8/6/2013 5:00 PM INVOCATION: Dr. C. W. Joyner, Jr., Pastor, Broadway Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. Five (5) minute time limit per delegation DELEGATIONS A. GAII Griffin Athletics International, Inc. RE: Augusta Municipal Golf Course Proposal. Attachments B. Rev. Larry Fryer: RE: Beloved Community. Attachments C. Hon. Steven Kendrick, Tax Commissioner. RE: Introduction of Summer Interns Attachments CONSENT AGENDA (Items 1-35) PUBLIC SERVICES 1. Motion to approve the 2014 Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta- Richmond County. (Approved by Public Services Committee July 29, 2013) Attachments 2. Motion to approve New Application: A. N. 13 - 21: request by Mat Saxon for an on premise consumption Beer license to be used in Attachments connection with Mag Company, LLC DBA Moe's Southwest Grill located at 3450 Wrightsboro Rd, Suite #225 D. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee July 29, 2013) 3. Motion to approve New Application: A. N. 13 -22: request by Jignasa V. Engineer for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mohini, Inc. located at 1370 Gordon Hwy. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee July 29, 2013) Attachments 4. Motion to approve New Application: A. N. 13 - 24: request by Veronica McGuire for an on premise consumption Liquor, Beer & Wine license to be used in connection with Perseus located at 730 Broad St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee July 29, 2013) Attachments 5. Motion to approve New Application: A. N. 13 - 23: A request by Jignasa V. Engineer for a retail package Beer & Wine license to be used in connection with Mohini, Inc. DBA Motel One located at 1370 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee July 29, 2013) Attachments 6. Motion to approve the reappointment of Mr. Larry Jones to the Construction Advisory Board for a four-year term to serve as the Master Plumber appointee.(Approved by Public Services Committee July 29, 2013) Attachments 7. Motion to approve Mead & Hunt Work Authorization #5 - Master Plan Update Project as approved by the Augusta Aviation Commission at their June 20, 2013 Meeting.(Approved by Public Services Committee July 29, 2013) Attachments 8. Motion to provide authorization to Turner Construction Company to award Bid Package #4 (Electrical and Fire Protection) and Bid Package #5 (Exterior Skin, Drywall and Elevators) in the amount of $7,088,986, which provides for ongoing construction of the Augusta Georgia Attachments Municipal Building Renovations and Modernization.(Approved by Public Services Committee July 29, 2013) 9. Motion to approve Reeves Construction Contract Modification #8 as approved by the Augusta Aviation Commission at their June 20, 2013 meeting. (Approved by Public Services Committee July 29, 2013) Attachments 10. Motion to approve amendments to Augusta-Richmond County Code Section 6-6 Secondhand Goods, Article 1 Brokers,so as to provide the time period for disposing of goods obtained through purchase, credit or trade; to establish the minimum allowable age for a seller; and text corrections for clarity. (Approved by the Commission July 16, 2013 - second reading) Attachments 11. Motion to approve the expenditure of SPLOST funds dedicated to the Webster Detention Center Phase II and Renovations for sole source purchase of two inmate finger print machines in the amount of $74,261.00 from MorphoTrust USA as requested by the Sheriff’s Office. (Approved by Public Services Committee July 29, 2013) Attachments 12. Motion to approve a request by Sandy Black for a Therapeutic Massage Operators license to be used in connection with Sandy Black, LMT NCTMB located at 211 Pleasant Home Rd. District 7. Super District 10. (Approved by Public Services Committee July 29, 2013) Attachments ADMINISTRATIVE SERVICES 13. Motion to approve one (1) annual bid item. The item requires Commission approval due to the fact that purchases on the individual item $25,000.00 per order. (Approved by Administrative Services Committee July 29, 2013) Attachments 14. Motion to approve tasking Law Department and Human Resources to present to the commission for review options for implementing an evaluation process for commission's direct reports in the next sixty days based on the goals and objectives established by the commission at the retreat in January. (Approved by Administrative Services Committee Attachments July 29, 2013) PUBLIC SAFETY 15. Motion to approve a request from the Richmond County Sheriff's Office (RCSO) for funding to purchase Mobile Data Computers (MDT's) in the amount of $35,000.00 through a grant award from the Governor's Office of Highway Safety (GOHS). (Approved by Public Safety Committee July 29, 2013) Attachments 16. Motion to re-appoint Christopher E. James, Fire Chief, to East Central Georgia Region VI EMS Advisory Council. (Approved by Public Safety Committee July 29, 2013) Attachments 17. Motion to approve Augusta, GA entering into an agreement with the Georgia Department of Transportation to provide Inmate Work Crews to assist in maintenance of DOT equipment, buildings, right-of-ways, and public works projects.(Approved by Public Safety Committee July 29, 2013) Attachments 18. Motion to approve an extension of the current agreement for probation services between the State Court of Richmond County, Georgia and Sentinel Offender Services LLC for a two month period of time. (Approved by Public Safety Committee July 29, 2013) Attachments 19. Motion to approve a request for a VOCA Grant for the District Attorney Victim Assistance Program in the amount of $35,261 with a required match for the period from 10/1/13 through 9/30/14.(Approved by Public Safety Committee July 29, 2013) Attachments FINANCE 20. Motion to approve request from the Augusta Utilities Department- Facilities Maintenance Division to purchase one (1) maintenance truck. (Approved by Finance Committee July 29, 2013) Attachments 21. Motion to approve 2014 Budget Calendar. (Approved by Attachments Finance Committee July 29, 2013) 22. Motion to approve to lease a landfill compactor from Aljon Manufacturing for bid item #13-134. (Approved by Finance Committee July 29, 2013) Attachments 23. Motion to approve an ordinance to designate “McBean Enterprise Zone”. (Approved by Commission July 16, 2013 second reading) Attachments 24. Motion to approve tasking the attorney to meet with the Tax Assessor's Office in order to clarify what the local laws and state law specify in this case and whether one law supercedes another so that a decision can be made regarding a request from Mr. Richard Lee Crawford for a refund of taxes overpaid for the last three years for property located at 4354 Bath Edie Road, Hephzibah, Ga.(Approved by Finance Committee July 29, 2013) Attachments ENGINEERING SERVICES 25. Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary easement, (Parcel 052- 0-057-00-0) 3812 Belair Road. (Approved by Engineering Services Committee July 29, 2013) Attachments 26. Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary easement, (Parcel 053- 0-0410-0) 3708 Belair Road.(Approved by Engineering Services Committee July 29, 2013) Attachments 27. Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary easement, (Parcel 053- 0-032-00-0) 3752 Belair Road.(Approved by Engineering Services Committee July 29, 2013) Attachments 28. Motion to approve a contract for RFP 12-167, Waste Diversion Renewable Energy Program to Rational Energy. (Approved by Attachments Engineering Services Committee July 29, 2013) 29. Motion to approve funding to Harris Construction in the amount of $94,933.75 for the costs associated with performing the requirements to provide asphalt pavement patch repairs, concrete curb and sidewalk replacement for various Augusta Utilities Projects.(Approved by Engineering Services Committee July 29, 2013) Attachments 30. Motion to approve funding for the final phase of the Design Consultant Services Agreement to Pond and Company, CPB (328-041110- 211828701,211828704) Change Number One and Supplemental Agreement Number One on the Berckmans Road Widening, Realignment and Bridge Replacement Project in the amount of $787,933.40. Project to be funded from SPLOST Phase VI. (Approved by Engineering Services Committee July 29, 2013) Attachments 31. Motion to approve Cost Sharing Agreement with Tobacco Augusta Development, LLC (TAD). (Approved by Engineering Services Committtee July 29, 2013) Attachments 32. Motion to approve tasking Mark Johnson, Director of Solid Waste to meet with Ms. Beaurine Wilkinson in order to try to reach an amenable solution to the problem with her garbage collection. (Approved by Engineering Services Committee July 29, 2013) Attachments 33. Motion to ratify the payment of $122,452.50 to Avrett Plumbing for emergency support services, pipe lining and/or pipe bursting at sewer collapses on Polo Road, Polo Court, and Wooten Rd.(Approved by Engineering Services Committee July 29, 2013) Attachments 34. Motion to approve cost sharing arrangement for the extension of sewer to the intersection of Gordon Highway and Barton Chapel Road. (Approved by Engineering Services Committee July 29, 2013) Attachments PETITIONS AND COMMUNICATIONS 35. Motion to approve the minutes of the regular meeting of the Commission held July 16, 2013 and Special Called Legal Meetings held July 16 and July 29, 2013. Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 8/6/2013 AUGUSTA COMMISSION REGULAR AGENDA 8/6/2013 (Items 36-46) PLANNING 36. Z-13-37 - A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Sarah Ellison, on behalf of Faraj Zahra, requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-3B (Multiple-family Residential)affecting property containing .19 acres and known as 1136 Beman Street. (Tax Map 045-2-024-00-0) DISTRICT 1(Deferred from the Commission's July 16, 2013 meeting. Attachments ADMINISTRATIVE SERVICES 37. Consider for approval presentation by Mr. Ellis Albright of the CSRA Business League regarding minority, women and disadvantaged businesses. (No recommendation from Administrative Services Committee July 29, 2013) Attachments 38. Motion to approve a "No Confidence Vote" relative to the performance or lack of performance of the Augusta-Richmond County General Counsel. (Requested by Commissioner Marion Williams) Attachments 39. AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE CHAPTER TWO ARTICLE ONE SECTION 1-2-2 RELATING TO THE TIME FOR COMMISSION MEETINGS OF THE AUGUSTA, GEORGIA BOARD OF COMMISSIONERS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES Attachments AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (REQUESTED BY COMMISSIONER GRADY SMITH) PUBLIC SAFETY 40. Motion to approve formalizing into a contract for approval the recommendations of the Administrator as presented in the July 29th Public Safety committee regarding the ambulance contract. (Requested by Commissioner Marion Williams) Attachments 41. Motion to approve award of Bid item 13-161, toThomson Roofing for replacement of the roof at the Coroner's office in the amount of $53,825. Attachments SUBCOMMITTEE Ethics Reform Study Subcommittee 42. Motion to approve the recommendation of the Ethics Reform Study Subcommittee to allow the sitting president of the Augusta Bar Association to select a qualified private investigator to conduct a formal investigation of alleged ethical violations of public officials on behalf of the Augusta Commission. Attachments APPOINTMENT(S) 43. Consider the recommendations of the Community Service Board to appoint Dr. Franklin McPhail to fill the seat held by Charlene Andress and Susie Felz to fill the seat held by Dacara Brown to the current unexpired term (1-yr) and a new three-year term. Attachments ADMINISTRATOR 44. Motion to approve resolution approving 2013 Mill Rate. Attachments 45. Motion to approve the formal plan between the First Tee of Augusta and the Augusta Municipal Golf Course. Attachments Upcoming Meetings www.augustaga.gov LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 46. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 8/6/2013 5:00 PM Invocation Department: Caption:Dr. C. W. Joyner, Jr., Pastor, Broadway 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 8/6/2013 5:00 PM GAII.Griffin Athletics, Intl. Department: Caption:GAII Griffin Athletics International, Inc. RE: Augusta Municipal Golf Course Proposal. 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 30 Item # 2 Attachment number 1 \nPage 2 of 30 Item # 2 Attachment number 1 \nPage 3 of 30 Item # 2 Attachment number 1 \nPage 4 of 30 Item # 2 Attachment number 1 \nPage 5 of 30 Item # 2 Attachment number 1 \nPage 6 of 30 Item # 2 Attachment number 1 \nPage 7 of 30 Item # 2 Attachment number 1 \nPage 8 of 30 Item # 2 Attachment number 1 \nPage 9 of 30 Item # 2 Attachment number 1 \nPage 10 of 30 Item # 2 Attachment number 1 \nPage 11 of 30 Item # 2 Attachment number 1 \nPage 12 of 30 Item # 2 Attachment number 1 \nPage 13 of 30 Item # 2 Attachment number 1 \nPage 14 of 30 Item # 2 Attachment number 1 \nPage 15 of 30 Item # 2 Attachment number 1 \nPage 16 of 30 Item # 2 Attachment number 1 \nPage 17 of 30 Item # 2 Attachment number 1 \nPage 18 of 30 Item # 2 Attachment number 1 \nPage 19 of 30 Item # 2 Attachment number 1 \nPage 20 of 30 Item # 2 Attachment number 1 \nPage 21 of 30 Item # 2 Attachment number 1 \nPage 22 of 30 Item # 2 Attachment number 1 \nPage 23 of 30 Item # 2 Attachment number 1 \nPage 24 of 30 Item # 2 Attachment number 1 \nPage 25 of 30 Item # 2 Attachment number 1 \nPage 26 of 30 Item # 2 Attachment number 1 \nPage 27 of 30 Item # 2 Attachment number 1 \nPage 28 of 30 Item # 2 Attachment number 1 \nPage 29 of 30 Item # 2 Attachment number 1 \nPage 30 of 30 Item # 2 Commission Meeting Agenda 8/6/2013 5:00 PM Rev. Larry Fryer Department: Caption:Rev. Larry Fryer: RE: Beloved Community. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 3 Commission Meeting Agenda 8/6/2013 5:00 PM Steven Kendrick Department: Caption:Hon. Steven Kendrick, Tax Commissioner. RE: Introduction of Summer Interns Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 4 Commission Meeting Agenda 8/6/2013 5:00 PM Z-13-37 Department:Planning Commission Caption: Z-13-37 - A request for concurrence with the Augusta Georgia Planning Commission to deny a petition by Sarah Ellison, on behalf of Faraj Zahra, requesting a change of zoning from Zone R-1C (One-family Residential) to Zone R-3B (Multiple-family Residential)affecting property containing .19 acres and known as 1136 Beman Street. (Tax Map 045-2-024-00-0) DISTRICT 1 (Deferred from the Commission's July 16, 2013 meeting. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 5 Commission Meeting Agenda 8/6/2013 5:00 PM 2014 Cooperative Agreement for Senior Nutrition Program Department:Recreation, Parks and Facilities Department Caption:Motion to approve the 2014 Cooperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta- Richmond County. (Approved by Public Services Committee July 29, 2013) Background:Augusta Recreation, Parks and Facilities Department operates seven senior nutrition sites throughout the city through a partnership with CSRA Regional Commission which provides state and federal grant funds to provide over 89,000 meals to senior citizens including the home delivery program. Analysis:The agreement provides the mechanism for Augusta to receive $375,014.85 in 2014. Financial Impact:Augusta's match for the 2014 agreement is $24,132.35. Alternatives:1. To approve the 2014 Coperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta- Richmond County. 2. To deny, which would result in forfeiting grant funds and possibly terminating the program. Recommendation:1. To approve the 2014 Coperative Agreement with CSRA Regional Commission for Senior Nutrition Services for Augusta- Richmond County. Funds are Available in the Following Accounts: 220054322 REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 6 Law. Administrator. Clerk of Commission Cover Memo Item # 6 Attachment number 1 \nPage 1 of 1 Item # 6 Commission Meeting Agenda 8/6/2013 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Application: A. N. 13 - 21: request by Mat Saxon for an on premise consumption Beer license to be used in connection with Mag Company, LLC DBA Moe's Southwest Grill located at 3450 Wrightsboro Rd, Suite #225 D. There will be Sunday Sales. District 3. Super District 10. (Approved by Public Services Committee July 29, 2013) 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 $312.50. 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 # 7 Attachment number 1 \nPage 1 of 2 Item # 7 Attachment number 1 \nPage 2 of 2 Item # 7 Commission Meeting Agenda 8/6/2013 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Application: A. N. 13 -22: request by Jignasa V. Engineer for an on premise consumption Liquor, Beer & Wine license to be used in connection with Mohini, Inc. located at 1370 Gordon Hwy. There will be Dance. District 1. Super District 9.(Approved by Public Services Committee July 29, 2013) 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 $2268.50. 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 # 8 Attachment number 1 \nPage 1 of 2 Item # 8 Attachment number 1 \nPage 2 of 2 Item # 8 Commission Meeting Agenda 8/6/2013 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Application: A. N. 13 - 24: request by Veronica McGuire for an on premise consumption Liquor, Beer & Wine license to be used in connection with Perseus located at 730 Broad St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee July 29, 2013) 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 $2268.50. 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 # 9 Attachment number 1 \nPage 1 of 2 Item # 9 Attachment number 1 \nPage 2 of 2 Item # 9 Commission Meeting Agenda 8/6/2013 5:00 PM Alcohol Application Department:Planning & Development Caption:Motion to approve New Application: A. N. 13 - 23: A request by Jignasa V. Engineer for a retail package Beer & Wine license to be used in connection with Mohini, Inc. DBA Motel One located at 1370 Gordon Hwy. District 1. Super District 9. (Approved by Public Services Committee July 29, 2013) 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 $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 # 10 Attachment number 1 \nPage 1 of 2 Item # 10 Attachment number 1 \nPage 2 of 2 Item # 10 Commission Meeting Agenda 8/6/2013 5:00 PM Construction Advisory Board Department:Planning & Development Caption:Motion to approve the reappointment of Mr. Larry Jones to the Construction Advisory Board for a four-year term to serve as the Master Plumber appointee.(Approved by Public Services Committee July 29, 2013) Background:The term for Mr. Jones on the Construction Advisory Board expired February 2013. Mr. Jones is a resident of Augusta and has volunteered to serve another term. The Construction Advisory Board recommends that Mr. Jones be re-appointed. Analysis:The Construction Advisory Board consists of eleven members and serves in an advisory capacity on matters pertaining to construction. It will conduct mediation hearings to resolve differences of opinions in the interpretation of all construction codes and inspection procedures. The Board will also serve as a liaison between the City of Augusta and builders, developers, design professionals and other disciplines involved in the building industry… The Construction Advisory Board meets bimonthly beginning in January at the Sand Hills Community Center. Financial Impact:N/A Alternatives:Do not appoint Larry Jones to the CAB as the Master Plumber appointee. Recommendation:Approval Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY:Cover Memo Item # 11 Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 11 Commission Meeting Agenda 8/6/2013 5:00 PM MEAD & HUNT WORK AUTHORIZATION #5 – MASTER PLAN UPDATE PROJECT Department:Augusta Regional Airport Caption:Motion to approve Mead & Hunt Work Authorization #5 - Master Plan Update Project as approved by the Augusta Aviation Commission at their June 20, 2013 Meeting.(Approved by Public Services Committee July 29, 2013) Background:In an effort to establish a solid plan for development of the Augusta Regional Airport (Airport) in the future, the Augusta Regional Airport Commission, operators of the Airport, along with the Federal Aviation Administration Atlanta Airport District Office (FAA-ADO) have elected to undertake a study to update the Master Plan for the Airport. Analysis:This study will address changes in the Airport’s operational and environment improvement since the completion of previous planning process. These changes will include, but are not limited to: changes in air services patterns; changes in development priorities’ changes in natural environment and land use compatibility considerations; and evolving factors related to proper financial management to enable the airport to meet operational and capital improvement fiscal needs. Financial Impact:Mead & Hunt presented a negotiated proposal for a cost not to exceed $627,557.00. Alternatives:Deny request. Recommendation:Recommend the Augusta Commission approve Mead & Hunt Work Authorization #5 – Master Plan Update, at a cost not to exceed $627,557.00. Funds are Available in the Following Accounts: 551-08-1304/5412110 Cover Memo Item # 12 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 12 AGS- Master Plan Update/TO #5. June 13, 2013 WORK AUTHORIZATION # 5 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN: Augusta Regional Airport (AIRPORT) Augusta, Georgia AND: Mead & Hunt, Inc. (CONSULTANT) A Wisconsin Corporation EFFECTIVE DATE: June ___, 2013 RECITALS This is the fifth Work Authorization to the Professional Services Agreement dated effective February 27, 2013, between the Augusta Aviation Commission (OWNER) and Mead & Hunt, Inc. The Professional Services Agreement effective February 27, 2013, is referred to herein as the Contract. AGREEMENT Services to be Provided. The Scope of Services for Work Authorization #5 includes preparation of a Master Plan Update. The full Scope of Services is defined in Exhibit A. The services shall be provided on a lump sum basis billed on a percentage complete basis by task. Progress payments shall be made in accordance with the Contract. Consideration for Professional Services Contract Length Master Plan Update $627,557.00 18 months Attachment number 1 \nPage 1 of 2 Item # 12 AGS- Master Plan Update/TO #5. June 13, 2013 APPROVAL AND ACCEPTANCE: Approval and acceptance of the WORK AUTHORIZATION including any attachments shall incorporate this document as part of the CONTRACT between the OWNER and the CONSULTANT date February 27, 2013. All work and services defined in this WORK AUTHORIZATION shall be performed in accordance with the terms and conditions of the aforementioned CONTRACT between the OWNER and CONSULTANT.” AUGUSTA AVIATION COMMISSION By: Name: Douglas Lively Title: Chairman, Augusta Aviation Commission Date: By: Name: Gary LeTellier Title: Executive Director, Augusta Regional Airport Date: By: Name: Julie Orwen Title: Administrative Manager, Augusta Regional Airport Date: MEAD & HUNT, INC. By: Name: Gary Siegfried Title: Manager, Aviation Engineering Date: June 13, 2013 Attachment number 1 \nPage 2 of 2 Item # 12 Attachment number 2 \nPage 1 of 27 Item # 12 Attachment number 2 \nPage 2 of 27 Item # 12 Attachment number 2 \nPage 3 of 27 Item # 12 Attachment number 2 \nPage 4 of 27 Item # 12 Attachment number 2 \nPage 5 of 27 Item # 12 Attachment number 2 \nPage 6 of 27 Item # 12 Attachment number 2 \nPage 7 of 27 Item # 12 Attachment number 2 \nPage 8 of 27 Item # 12 Attachment number 2 \nPage 9 of 27 Item # 12 Attachment number 2 \nPage 10 of 27 Item # 12 Attachment number 2 \nPage 11 of 27 Item # 12 Attachment number 2 \nPage 12 of 27 Item # 12 Attachment number 2 \nPage 13 of 27 Item # 12 Attachment number 2 \nPage 14 of 27 Item # 12 Attachment number 2 \nPage 15 of 27 Item # 12 Attachment number 2 \nPage 16 of 27 Item # 12 Attachment number 2 \nPage 17 of 27 Item # 12 Attachment number 2 \nPage 18 of 27 Item # 12 Attachment number 2 \nPage 19 of 27 Item # 12 Attachment number 2 \nPage 20 of 27 Item # 12 Attachment number 2 \nPage 21 of 27 Item # 12 Attachment number 2 \nPage 22 of 27 Item # 12 Attachment number 2 \nPage 23 of 27 Item # 12 Attachment number 2 \nPage 24 of 27 Item # 12 Attachment number 2 \nPage 25 of 27 Item # 12 Attachment number 2 \nPage 26 of 27 Item # 12 Attachment number 2 \nPage 27 of 27 Item # 12 Commission Meeting Agenda 8/6/2013 5:00 PM Motion to Authorize Turner Construction Company (Construction Manager) to Proceed with Contract Award of Early Release Bid Packages #4 and #5 for the Augusta Georgia Municipal Building Renovations and Modernization. Department:Recreation, Parks and Facilities Caption:Motion to provide authorization to Turner Construction Company to award Bid Package #4 (Electrical and Fire Protection) and Bid Package #5 (Exterior Skin, Drywall and Elevators) in the amount of $7,088,986, which provides for ongoing construction of the Augusta Georgia Municipal Building Renovations and Modernization.(Approved by Public Services Committee July 29, 2013) Background:Turner Construction Company was selected under RFQ 10-195 as the Construction Manager at Risk for the Augusta Georgia Municipal Building Renovations and Modernization. This is the 4th and 5th bid package completed by the Design team, led by Virgo Gambill Architects. Bids were accepted and reviewed by Turner Construction Company, Virgo Gambill Architects, and the CIPM. Analysis:The following is the lowest responsive, responsible bidder, as determined by Turner Construction Company to perform the work. The Subcontractor pursuant to Exhibit G is as follows: Bid Package Company Trade Location 4 R.L. Wiley Electrical Augusta, GA 4 Key Fire Protection Fire Protection Augusta, GA 5 Glass Service Center Exterior Glazing Augusta, GA 5 Dixie Membrane Roofing Lawrenceville, GA 5 Miller-Clapperton Metal Panels Atlanta, GA 5 Premier Elevator Elevators Covington, GA 5 Georgia Drywall Drywall/ACT Augusta, GA The Scope of Work includes all of the scope identified in each Bid Package for the project and is within the budgeted amount that was estimated for this work. Turner Construction Company has included the bid summary and bid proposals as back-up to support this. Financial Impact:The amount for Bid Package #4 and #5 is a component of the Guaranteed Maximum Price (GMP), which is scheduled to be established and approved in October of 2013. The total GMP is currently budgeted to not exceed $23,415,885.Cover Memo Item # 13 Alternatives:1. To Approve motion. 2. Wait until the Guaranteed Maximum Price is established, which will delay the completion of the facility. Recommendation:1. Provide authorization to Turner Construction Company to award Bid Packages #4 and #5, thus facilitating the start of purchasing and installation of scope associated with the Bid Packages for the Municipal Building Renovations and Modernization project. Funds are Available in the Following Accounts: Augusta Georgia Municipal Building Renovations and Modernization: GL –328-05-1120; JL – 212055101 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 13 Attachment number 1 \nPage 1 of 6 Item # 13 Attachment number 1 \nPage 2 of 6 Item # 13 Attachment number 1 \nPage 3 of 6 Item # 13 Attachment number 1 \nPage 4 of 6 Item # 13 Attachment number 1 \nPage 5 of 6 Item # 13 Attachment number 1 \nPage 6 of 6 Item # 13 Commission Meeting Agenda 8/6/2013 5:00 PM REEVES CONSTRUCTION CONTRACT MODIFICATION #8 – CLOSEOUT OF FRONT DOOR IMPROVEMENT PROJECT Department:Augusta Regional Airport Caption:Motion to approve Reeves Construction Contract Modification #8 as approved by the Augusta Aviation Commission at their June 20, 2013 meeting. (Approved by Public Services Committee July 29, 2013) Background:The original scope of work provided for the construction of the Front Door Parking Lot Improvements at the Augusta Regional Airport with a contract amount of $4,310,823.10. Subsequent contract modifications increased the contract amount to $4,777,880.96. Analysis:This modification provides a credit of $632.50 to resolve issues discovered during the project’s final inspection. This will bring the total cost of the project to $4,777,248.46. Financial Impact:Original Contract $4,310,823.10 Previous Contract Modifications $ 467,057.86 This Contract Modification(credit)$ 632.50 Revised Contract Total $4,777,248.46 Alternatives:Deny request. Recommendation:Recommend the Augusta Commission approve Reeves Construction Contract Modification #8 – Closeout of Front Door Improvement Project, and accept a credit of $632.50. Funds are Available in the Following Accounts: 551 08 1201-5412110 REVIEWED AND APPROVED BY: Cover Memo Item # 14 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 14 Attachment number 1 \nPage 1 of 10 Item # 14 Attachment number 1 \nPage 2 of 10 Item # 14 Attachment number 1 \nPage 3 of 10 Item # 14 Attachment number 1 \nPage 4 of 10 Item # 14 Attachment number 1 \nPage 5 of 10 Item # 14 Attachment number 1 \nPage 6 of 10 Item # 14 Attachment number 1 \nPage 7 of 10 Item # 14 Attachment number 1 \nPage 8 of 10 Item # 14 Attachment number 1 \nPage 9 of 10 Item # 14 Attachment number 1 \nPage 10 of 10 Item # 14 Commission Meeting Agenda 8/6/2013 5:00 PM Secondhand Goods Code Amendments Department:Planning & Development Caption:Motion to approve amendments to Augusta-Richmond County Code Section 6-6 Secondhand Goods, Article 1 Brokers,so as to provide the time period for disposing of goods obtained through purchase, credit or trade; to establish the minimum allowable age for a seller; and text corrections for clarity. (Approved by the Commission July 16, 2013 - second reading) Background:At the May 7, 2013 meeting the Commission approved amendments to the Secondhand Goods ordinance so as to include brokers, pawnbrokers, dealers in precious metals or gems, and itinerant dealers in precious metals or gems. Once we began enforcing the amended code the issues with the time period for disposing of goods, and the minimum allowable age for a seller were realized. Analysis:The proposed amendments will provide that the Augusta code does not conflict with State codes that regulate pawnbrokers and dealers in precious metals or gems. Financial Impact:N/A Alternatives:Do not approve. Recommendation:Approve Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Cover Memo Item # 15 ORDINANCE NO. ___________ AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 6 CHAPTER 6 SECONDHAND GOODS, SECTIONS 6-6-11, 6-6-12, 6-6-13, 6-6-17, AND 6-6- 19, SO AS TO PROVIDE THE TIME PERIOD FOR DISPOSING OF GOODS OBTAINED THROUGH PURCHASE, CREDIT OR TRADE; TO ESTABLISH THE MINIMUM ALLOWABLE AGE FOR A SELLER; AND FOR TEXT CORRECTIONS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT ALL BROKERS, PAWNBROKERS, DEALERS IN PRECIOUS METALS OR GEMS, AND ITENERANT DEALERS IN PRECIOUS METALS OR GEMS OPEARATING WITHIN THE JURISDICTION SHALL COMPLY WITH THE PROVISIONS OF THE AUGUSTA, GA CODE, AS FOLLOWS: SECTION 1. SECTIONS 6-6-11(a), 6-6-11(b)(2j), 6-6-12(b), 6-6-13, 6-6-17(a)(b), AND 6-6-19 OF AUGUSTA, GA. CODE TITLE SIX, CHAPTER SIX AS SET FORTH IN THE AUGUSTA, GA. CODE, ARE HEREBY DELETED BY STRIKING THESE SECTIONS. NEW SECTIONS 6-6-11(a), 6-6-11(b)(2j), 6-6-12(b), 6-6-13, 6-6-17(a)(b), AND 6-6-19 ARE HEREBY INSERTED TO REPLACE THE REPEALED SECTIONS AS SET FORTH IN “EXHIBIT A” HERETO. SECTION 2. This ordinance shall become effective upon its adoption in accordance with applicable laws. SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this ___ day of ___________, 2013. __________________________ Attest:______________________________ David S. Copenhaver Lena J. Bonner, Clerk of Commission As its Mayor Seal: Attachment number 1 \nPage 1 of 4 Item # 15 CERTIFICATIO The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2013 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 2 of 4 Item # 15 “EXHIBIT A” Sec. 6-6-11. Recordkeeping Requirements. Brokers and Pawnbrokers. All Brokers and Pawnbrokers shall maintain records documenting all transactions as follows: (a) At the time of the actual transaction broker / pawnbrokers shall complete the transaction form designated by the Sheriff. A broker / pawnbroker shall maintain a copy of the completed transaction form on the licensed premises for at least 1 year after the date of the transaction. However, the broker / pawnbroker shall maintain a copy of the transaction form either on premise or off premise at a location within Richmond County approved by the Sheriff for not less than 4 years. Such records may be kept electronically as long as a copy of the electronic records can be provided to the Sheriff or other law enforcement agency upon demand. (b)(2j). The price paid for the goods purchased or pawned. All Brokers and Pawnbrokers shall maintain records documenting all pawnshop transactions as follows: (a) At the time of the actual transaction pawnbrokers shall complete the transaction form designated by the Sheriff. A pawnbroker shall maintain a copy of the completed transaction form on the licensed premises for at least 1 year after the date of the transaction. However, the pawnbroker shall maintain a copy of the transaction form either on premise or off premise at a location within Richmond County approved by the Sheriff for not less than 4 years. Such records may be kept electronically as long as a copy of the electronic records can be provided to the Sheriff or other law enforcement agency upon demand. (b)(2 j). The price paid for the goods purchased. Sec. 6-6-12. Daily accurate report; false statements. (b) It shall be unlawful for person engaged in the business of broker /pawnbroker to make any false entry in any report. Any person making any willfully false or misleading statements in the report shall be punished as provided in section 6-6-22. (b) It shall be unlawful for person engaged in the business of pawnbroker to make any false entry in any report. Any person making any willfully false or misleading statements in the report shall be punished as provided in section 6-6-22. Sec. 6-6-13. Minors. It is unlawful for any broker, or agent or employee thereof to purchase any article for resale from any person under 17 years of age or who the broker knows is not the true owner of such property. It is unlawful for any pawnbroker or agent or employee thereof to accept a pledge or purchase property from a person under 18 years of age or who the pawnbroker knows is not the true owner of such property. It is unlawful for any broker, pawnbroker, or agent or employee thereof to receive any article in pawn or purchase any article for resale from any person under 17 years of age. Sec. 6-6-17. Goods held for 10 days; law enforcement holds. (a) Any broker, pawnbroker, or person operating under a pawnbroker's license who through buying and/or trading obtains goods, taking full title thereto, the word "goods" being used in the broadest sense and including all kinds of personal property excluding motor vehicles or motor vehicle certificates of title, shall hold the goods so taken in purchase and/or trade for at least 10 days before disposing of the goods by sale, transfer, shipment or otherwise. Attachment number 1 \nPage 3 of 4 Item # 15 (b) The Richmond County Sheriff’s Office has the authority to place property that is the subject of law enforcement investigation on "law enforcement hold." In that event, the Richmond County Sheriff’s Office shall notify the broker, pawnbroker, or person operating under a pawnbroker's license of the need for a police hold and identify all property subject to the police hold. Upon notification, it shall be the responsibility of the broker, pawnbroker, or person operating under a pawnbroker's license to maintain the subject property until such time as the property is released from law enforcement hold status or the property is confiscated as evidence. Sec. 6-6-17. Goods held for 30 days; law enforcement holds. a) Any pawnbroker or person operating under a pawnbroker's license who takes goods on pawn or buys goods, taking full title thereto, the word "goods" being used in the broadest sense and including all kinds of personal property, shall hold the goods so taken in pawn or purchase for at least 30 days before disposing of the goods by sale, transfer, shipment or otherwise. b) The Richmond County Sheriff’s Office has the authority to place property that is the subject of law enforcement investigation on "law enforcement hold." In that event, the Richmond County Sheriff’s Office shall notify the pawnbroker of the need for a police hold and identify all property subject to the police hold. Upon notification, it shall be the responsibility of the pawnbroker to maintain the subject property until such time as the property is released from law enforcement hold status or the property is confiscated as evidence. Sec. 6-6-19. Sale of unredeemed articles; pawner's right of redemption. Upon the failure of the pawner to redeem the articles pledged at the time agreed on, the pawnbroker may sell such articles. There shall be a grace period from the maturity date for all pawn transactions. On pawn transactions involving motor vehicles or motor vehicle certificates of title, the grace period shall be for 30 calendar days; on all other pawn transactions the grace period shall be for 10 calendar days. In the event that the last day of the grace period falls on a day in which the pawnbroker is not open for business, the grace period shall be extended through the first day following upon which the pawnbroker is open for business. The pawnbroker shall not sell the pledged goods during the grace period. Provided, further, that the pawner shall have the privilege of redeeming such articles up to the time of the sale. Upon the failure of the pawner to redeem the articles pledged at the time agreed on, the pawnbroker may, after the expiration of 30 days, sell such articles; provided, that six (6) daily notices of sale are given through two (2) newspapers; provided, further, that the pawner shall have the privilege of redeeming such articles up to the time of the sale. Attachment number 1 \nPage 4 of 4 Item # 15 Commission Meeting Agenda 8/6/2013 5:00 PM Sole Sourcing for Two Fingerprint Machines for the Webster Detention Center Phase II and Renovations Department:Recreation, Parks and Facilities Caption:Motion to approve the expenditure of SPLOST funds dedicated to the Webster Detention Center Phase II and Renovations for sole source purchase of two inmate finger print machines in the amount of $74,261.00 from MorphoTrust USA as requested by the Sheriff’s Office. (Approved by Public Services Committee July 29, 2013) Background:Sole sourcing of the above equipment has been requested by the Sheriff’s Office to maintain standardization with existing equipment and systems; and has been approved by Chief Pat Clayton, on behalf of the sheriff, and by Geri Sams of the Procurement Department. Analysis:Approving the sole sourcing expenditures will move the process along with no delays and provide the equipment requested by the Sheriff’s Office. Financial Impact:This purchase amount will be funded by the project’s FF & E budget. The budget is adequate to cover the cost of this purchase. TOTAL OF PURCHASE IS $ 74,261.00 Alternatives:1. Approve the sole source purchase in the amount of $74,261.00 of two finger print machines as requested by the Sheriff’s Office. 2. Not approve the purchase; however the jail facility operations and inmate processing would be severely compromised. Recommendation:1. To Approve the sole source purchase of two inmate finger print machines in the amount of $74,261.00 from MorphoTrust USA as requested by the Sheriff’s Office. Funds are Available in the Following Accounts: GL – 328-03-1130; JL – 210356004 Cover Memo Item # 16 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 16 Attachment number 1 \nPage 1 of 9 Item # 16 Attachment number 1 \nPage 2 of 9 Item # 16 Attachment number 1 \nPage 3 of 9 Item # 16 Attachment number 1 \nPage 4 of 9 Item # 16 Attachment number 1 \nPage 5 of 9 Item # 16 Attachment number 1 \nPage 6 of 9 Item # 16 Attachment number 1 \nPage 7 of 9 Item # 16 Attachment number 1 \nPage 8 of 9 Item # 16 Attachment number 1 \nPage 9 of 9 Item # 16 Approve Sole Sourcing for Two Fingerprint Machines for the Webster Detention Center Phase II and Renovations CAPTION: Approve the expenditure of SPLOST funds dedicated to the Webster Detention Center Phase II and Renovations, for sole source purchase of two inmate finger print machines in the amount of $74,261.00 from MorphoTrust USA as requested by the Sheriff’s Office BACKGROUND: Sole sourcing of the above equipment has been requested by the Sheriff’s Office to maintain standardization with existing equipment and systems; and has been approved by Chief Pat Clayton, on behalf of the sheriff, and by Geri Sams of the Procurement Department. ANALYSIS: Approving the sole sourcing expenditures will move the process along with no delays and provide the equipment requested by the Sheriff’s Office. FINANCIAL IMPACT: This purchase amount will be funded by the project’s FF & E budget. The budget is adequate to cover the cost of this purchase. TOTAL OF PURCHASE IS $ 74,261.00 ALTERNATIVES: Approve the sole source purchase in the amount of $74,261.00 of two finger print machines as requested by the Sheriff’s Office. Not approve the purchase; however the jail facility operations and inmate processing would be severely compromised. RECOMMENDATION: Approve the sole source purchase of two inmate finger print machines in the amount of $74,261.00 from MorphoTrust USA as requested by the Sheriff’s Office. FUNDS ARE AVAILABLE IN ACCOUNT: GL – 328-03-1130; JL – 210356004 Attachments: Sole Source Forms (5) Request and Justification Letters Attachment number 2 \nPage 1 of 1 Item # 16 Commission Meeting Agenda 8/6/2013 5:00 PM Therapeutic Massage Application Department:Planning & Development Caption:Motion to approve a request by Sandy Black for a Therapeutic Massage Operators license to be used in connection with Sandy Black, LMT NCTMB located at 211 Pleasant Home Rd. District 7. Super District 10. (Approved by Public Services Committee July 29, 2013) Background:This is a Therapeutic Massage Operators application. Ms Black is a state licensed massage therapist. Analysis:Tha applicant meets the requirements of the City of Augusta's Ordinance regulating Massage. Financial Impact:The applicant will pay a fee of $210.00. 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 # 17 Attachment number 1 \nPage 1 of 4 Item # 17 Attachment number 1 \nPage 2 of 4 Item # 17 Attachment number 1 \nPage 3 of 4 Item # 17 Attachment number 1 \nPage 4 of 4 Item # 17 Commission Meeting Agenda 8/6/2013 5:00 PM Annual Bid Items for Fire Department Department: Caption:Motion to approve one (1) annual bid item. The item requires Commission approval due to the fact that purchases on the individual item $25,000.00 per order. (Approved by Administrative Services Committee July 29, 2013) Background:The following annual bid item requires Commission Approval: 13-038 Firefighter Work Uniforms. Analysis:Each item was bid thought the sealed bid process as directed in the Augusta Proucurement Code. The Fire Department reviewed the submittals and also requested to view samples of the items. The Fire Department submitted the recommendation of award to the Procurement Department for the award of this item. Financial Impact:The Fire Department is responsible for the purchase of the items lited on the bid. Alternatives:Not to award the item and require the Fire Department to either rebid the item or purchase the invidual items following the purchasing guidelines as listed in the Augusta Procurement Code for each individual purchase. Recommendation:Approve the recommendation as submitted by the Fire Department. Funds are Available in the Following Accounts: 274-03-4110/5311410 REVIEWED AND APPROVED BY: Finance. Cover Memo Item # 18 Law. Administrator. Clerk of Commission Cover Memo Item # 18 PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Sec. 1-10-48. Generally. The following sections provide detailed information concerning the use of the seven (7) source selection methods available for use for the procurement of commodities, services and construction products for Augusta, Georgia. The seven methods are: (1) sealed bids, (2) sealed proposals, (3) special services, (4) quotations or informal bids, (5) sole source, (6) emergency procurement and (7) annual contracts. Purpose. A significant portion of the Augusta, Georgia Annual Budget is committed each year to various purchase contracts such as raw materials, equipment, equipment parts or components, general supplies, and professional and non-professional services. Therefore, it is essential that maximum value be obtained for each public tax dollar spent. A proven technique for obtaining this goal is through the annual bid contract process, Sec. 1-10-58. Annual contracts. Upon approval of an annual contract by the Board of Commissioners (or the Administrator for annual bids of up to $25,000), any using agency may order supplies or services under such annual contract as needed up to the maximum amount approved in the annual bid. Purchases on the following annual bid items will exceed $25,000.00 per order: Department Description Recommended Vendors Local Vendors 13-038 Fire Department Firefighter Work Uniforms and Accessories Uniforms by John Artistic Design Uniforms by John Artistic Design Attachment number 1 \nPage 1 of 1 Item # 18 Invitation to Bid Sealed bids will be received at this office on Tuesday, March 26, 2013 @ 11:00 a.m. for furnishing: Bid Item 12-038 Firefighter Work Uniforms and Accessories for Fire 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, March 8, 2013 @ 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 Monday, March 11, 2013 @ 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 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 February 14, 21, 28, March 7, 2013 Metro Courier February 20, 2013 cc: Tameka Allen Deputy Administrator Christopher James Fire Department Revised: 8/15/2011 Attachment number 2 \nPage 1 of 1 Item # 18 Attachment number 3 \nPage 1 of 3 Item # 18 Attachment number 3 \nPage 2 of 3 Item # 18 Attachment number 3 \nPage 3 of 3 Item # 18 Attachment number 4 \nPage 1 of 1 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Attachment B E-Verify Number SAVE Form Addendum 1 DESCRIPTION Item 1-Men's White Long Sleeve Zippered Front Shirt Neck Sizes 141/2 to 181/2 Neck Size: 19 Neck Size: 20 Neck Size: 21 Neck Size: 22 Item 2-Men's White Short Sleeve Zippered Front Shirt Neck Sizes 141/2 to 181/2 Neck Size: 19 Neck Size: 20 Neck Size: 21 Neck Size: 22 Item 3-Women's White Long Sleeve Zippered Front Shirt Bust Size: 28 - 46 Bust Size: 48 - 52 Item 4-Women's WhiteShort Sleeve Zippered Front Shirt Bust Size: 28 - 46 Bust Size: 48 - 52 Item 5-Men's Flying Cross Dress Trouser ( No sub.) 28 -42 44 - 50 52 - 54 56 - 58 $37.00 No Bid $34.60 $37.00 $37.00 No Bid No Bid No Bid No Bid No Bid No Bid No Bid UNIT PRICE No Bid No Bid No Bid No Bid No Bid $43.20 No Bid $43.20 Yes Yes 434009 Yes Yes $43.20 Yes Yes UNIT PRICE Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 No Bid 272348 $34.60 No Bid $43.20 $43.20 $34.60 $34.60 $34.60 $43.20 $37.00 No Bid $34.60 $43.20 No Bid Section I - Dress Uniforms $34.60 Page 1 of 12 Attachment number 5 \nPage 1 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 Item 6-Women's Flying Cross Dress Trouser NO S 4 20 - 24 26 - 28 Item 7 – Women’s Postal Skirt 2 -4 (even only) Item 8 – Flying Cross Men’s Dress Coat (N. S.) 36 - 50 50 - 60 Item 9 – Women’s Long Sleeve Blue Shirt 4 20 - 24 DESCRIPTION Item 10 – Midway Officer's Bell Crown Cap (N.S.) Item 11 – Midway Firefighter's Bell Crown Cap (N.S.) Item 12 – Midway Chief Officer's Bell Crown Cap DESCRIPTION Item 1 – Men’s White Long Sleeve Shirt 141/2 - 181/2 No Bid No Bid UNIT PRICE No Bid No Bid No Bid UNIT PRICE No Bid $38.85 $35.95 $91.00 $56.50 UNIT PRICE $145.65 $53.75 No Bid No Bid $37.00 $37.00 UNIT PRICE $42.30 $145.65 $145.65 No Bid $37.00 Section II - Work Uniform No Bid No Bid $145.65 Page 2 of 12 Attachment number 5 \nPage 2 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 19 - 22 Item 2 – Men’s Blue Long Sleeve Work Shirt 141/2 - 181/2 19 - 22 Item 3 – Men’s Poplin Short Sleeve Shirt 141/2 - 181/2 19 - 22 Item 4 – Men’s Blue Short Sleeve Work Shirt 141/2 - 181/2 19 - 22 Item 5 – Women’s Poplin Long Sleeve Shirt 28 - 46 48 - 52 Item 6 – Women's Blue Long Sleeve Work Shirt 28 - 46 48 - 52 Item 7 – Women's Poplin Short Sleeve Shirt Bust Size: 28 - 46 Bust Size: 48 - 52 Item 8 Women's Blue Short Sleeve Work Shirt Bust: 28 - 46 Bust Size: 48 - 52 DESCRIPTION Item 9 – Men's Work Trouser Sizes: 28 - 42 44 - 50 $52.50 UNIT PRICE $31.55 $35.95 $42.75 $53.60 $49.00 $51.70 $31.55 $36.75 $53.60 $53.60 $58.00 $58.00 $53.60 $36.75 $52.50 $59.50 UNIT PRICE $65.45 $38.85 $59.00 $32.00 $59.00 $32.00 $52.50 $52.50 $38.85 $32.00 $32.00 $58.00 $58.00 $59.00 $42.75 $59.00 $38.85 Page 3 of 12 Attachment number 5 \nPage 3 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 52 - 54 56 - 58 Item 10 – Women's Work Trouser Sizes: 2 - 18 20 -24 DESCRIPTION Item 1 – Unisex Work Jacket Small - XLarge 2XLarge 3XLarge 4XLarge Item 2 – Wind Champ Navy Blue Small - XLarge 2Xlarge 3XLarge 4XLarge Item 3 – Nylon V-Neck Pullover Wind Shirt Small - Xlarge 2XLarge 3XLarge 4XLarge Item 4 – ANSI Class 3 Rain Jacket Small - 2XLarge 3XLarge - 6XLarge Item 5 – Rib Knit Commando Sweater Small - Xlarge 2XLarge 3XLarge 4XLarge $65.30 $65.30 $65.30 $65.30 $150.00 $20.00 $20.00 $20.00 $139.00 $80.00 $20.00 $146.75 $195.00 $195.00 $65.00 $70.00 $22.00 $24.00 $80.00 $80.00 $79.00 $80.00 $20.00 $21.00 $64.00 $62.00 $77.25 $134.50 $194.00 $194.00 $198.00 UNIT PRICE $189.00 $80.00 UNIT PRICE $56.85 $62.50 $47.00 $51.70 $79.00 $195.00 $77.35 $59.50 $65.45 $71.40 $195.00 Section III - Outer Wear Page 4 of 12 Attachment number 5 \nPage 4 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 DESCRIPTION Item 1 – Tactical Polo Shirt – Men & Women’s Small Medium Large XLarge 2XLarge 3XLarge Item 2 – T-Shirt Small - XLarge 2XLarge - 3XLarge Item 3 - Sweat shorts Small - XLarge 2XLarge - 3XLarge Item 4 – Sweatshirt Small - XL 2XLarge - 3XLarge Item 5 – Sweatpants S M L 2XL $18.35 $12.50 $12.50 $12.50 $18.75 $10.10 $11.95 $13.70 $16.40 $8.20 $10.75 $38.90 $23.25 $18.75 $18.75 $5.80 $8.80 $22.75 $14.00 $17.95 $16.00 $39.25 $41.25 $38.90 $38.90 UNIT PRICE $38.90 $38.90 $36.75 $36.75 $36.75 UNIT PRICE $36.75 Section IV - Active Wear $38.90 Page 5 of 12 Attachment number 5 \nPage 5 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 3XL DESCRIPTION Item 1 – Summer Baseball Cap Item 2 – Winter Baseball Cap Item 3 – Knit Cap Item 39 – Clip on Tie 18" 20" DESCRIPTION Item 4 – Survival Belt Small up to 34" Regular 34" - 41" Large 41" - 51" Item 5 – Dress Belt Item 6 – 4 in Hand Tie 18" of 20" Item 7 – Clip on Tie 18" of 20" Item 8 – Ladies Crossover Tie Item 9 – Health Socks Size 8 - 12 Item 10 - Uniform Socks Size 8 - 12 Item 11 – Safety Glasses Color - Clear UNIT PRICE UNIT PRICE $2.85 $8.00 $3.70 $3.00 $2.85 $22.15 $3.70 $12.00 $3.49 $3.49 $3.95 $3.95 $21.00 $3.75 $30.30 $32.02 $35.00 $3.70 $8.40 $3.00 $7.30 $3.70 $18.35 UNIT PRICE $24.50 UNIT PRICE $32.00 $34.00 $37.75 $3.95 $3.95 $18.00 $5.25 $12.00 Section V - Accessories Page 6 of 12 Attachment number 5 \nPage 6 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 Item 12 – Safety Glasses Colr - Grey Item 13 – Safety Eyewear Case 7-3/8"Hx3-7/8"Wx3-1/8D color - Black Item 14 – Safety Eyewear Case 6-3/4"Hx3/58"Wx21/2"D color - Black Item 15 – Mechanics Gloves Sizes: Small - XLarge Item 16 – Ear Plugs Corded, Reusable Size: Universal Item 17 – P. P. E. Pouch Color: Black Item 18 – Uncle Mike's Compact Duffel Bag (or Eq) Color: Black DESCRIPTION Item 1 – Blackinton Rank Insignia-Fire Chief Five Crossed Bugles (N.S.) Item 2 – Blackinton Rank Insignia-Deputy Chief Four Crossed Bugles (N.S.) Item 3 – Blackinton Rank Insignia-Assistant Chief ThreeCrossed Bugles (N.S.) $4.50 $4.50 $24.00 UNIT PRICE $4.45 $4.45 $20.95 UNIT PRICE $5.50 $12.50 $8.00 $20.00 $8.00 $8.00 $9.00 $25.00 $74.00 $8.00 $6.00 $23.00 Section VI - Badges & Insignia Page 7 of 12 Attachment number 5 \nPage 7 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 Item 4 – Blackinton Rank Insignia-Battalion Chief Two Crossed Bugles (N.S.) Item 5 – Blackinton Rank Insignia-Captain Double Bugles (N.S.) Item 6 – Blackinton Rank Insignia-Lieutenant Single Bugle (N.S.) Item 7 – Blackinton Rank Insignia-Sergeant Chevrons Item 8 – Blackinton B38 Shirt Badge Item 9 – Blackinton B1009- EO Hat Badge (N.S.) Item 10 – Blackinton 96 Coat Badge (N.S.) Item 11 – Blackinton Fire Department Tie Bar (N.S.) Item 12 – Hookfast Nameplate (N.S.) 7 13 14 $18.75 $51.25 $19.25 $50.75 $50.75 $4.85 $15.00 $17.00 $54.00 $54.00 $54.00 $4.60 $4.50 $4.50 $4.50 $4.50 $4.45 $4.45 4.45 $4.45 Page 8 of 12 Attachment number 5 \nPage 8 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 DESCRIPTION Item 1 – Men’s Thorogood Oxford Work Shoe 7 – 12 13 14 XW 71/2 13 14 Item 2 – Women’s Thorogood Oxford Work Shoe 7 – 12 13 14 XW 71/2 13 14 Item 3 – Men’s Thorogood Poromeric Oxford 7 – 12 13 14 15 16 XW 7-12 13 14 15 Item 4 – Women’s Thorogood Poromeric Oxford 6 – 12 13 14 15 16 XW 6 - 12 13 14 15 $62.00 $67.00 $62.00 $62.00 $67.00 $67.00 $62.00 $62.00 $70.00 $82.50 $87.50 $62.00 $82.50 $82.50 $87.50 $87.50 $90.00 $90.00 $70.00 $70.00 $90.00 $90.00 $90.00 $90.00 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 $85.75 UNIT PRICE $97.95 $97.95 $97.95 $97.95 $97.95 $97.95 $97.95 $97.95 $97.95 $70.00 $97.95 $70.00 $97.95 $97.95$70.00 UNIT PRICE Section VII - Shoes & Boots $82.50 $85.75 $82.50 $85.75 $82.50 $85.75 Page 9 of 12 Attachment number 5 \nPage 9 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 Item 5 – Men’s Bates Lites Black High Gloss Oxford Shoes 7 – 12 13 14 DESCRIPTION Item 6 – Women’s Bates Lites Black High Gloss Oxford Shoes 6 – 12 13 14 Item 7 – Men’s Thorogood Code 3 Shoe 7 – 12 13 14 Item 8 – Women’s Thorogood Code 3 Shoe 6 – 12 13 14 Item 9 – Men’s Thorogood Plain Toe Oxford 7 – 12 13 14 Item 10 – Women’s Thorogood Plain Toe Oxford $111.45 $111.45 $111.45 $111.45 $80.00 $104.00 $104.00 $104.00 $75.00 $75.00 $75.00 $111.45 $111.45 $111.45 $97.00 $97.00 $97.00 $89.50 $60.00 $60.00 $60.00 UNIT PRICE $85.50 $85.50 $104.30 $104.30 $104.30 $85.00 $88.50 $88.50 UNIT PRICE $86.50 $89.50 $89.50 Page 10 of 12 Attachment number 5 \nPage 10 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 Item 11 – Men’s Thorogood Double Track Oxford Men 7 - 12 13 14 Women 7 - 12 13 14 XW 7 - 12 13 Item 12 – Women’s Thorogood Double Track Oxford Item 13 – Capps Deck Pumps (Or Equivalent) Item 14 – Men’s Thorogood 6” Work Boot 7 13 14 DESCRIPTION Item 15 Women’s Thorogood 6” Work Boot 6 13 14 Item 16 – Men’s Bates E02905 Delta-6 GORE-TEX (r) Side Zip Boot $111.45 $125.70 $125.70 $111.45 $111.45 UNIT PRICE $125.70 $72.95 $111.45 $111.45 $111.45 $111.45 $111.45 $111.45 $125.70 $125.70 $125.70 $90.00 $90.00 $90.00 $117.00 $117.00 $117.00 UNIT PRICE $78.00 $75.00 $103.50 $103.50 $103.50 $103.50 $103.50 $103.50 $103.50 $103.50 Page 11 of 12 Attachment number 5 \nPage 11 of 12 Item # 18 Bid Item #13-038 Firefighter Work Uniforms and Accessories for the City of Augusta - Fire Department Bid Opening Date: Tuesday, March 26, 2013 @ 11:00 a.m. UNOFFICIAL Vendors Uniforms by John 511 Broad St. Augusta, GA 30901 Artisitic Designs 1809 Gordon Highway Augusta, GA 30904 7 – 12 13 14 Item 17 – Women’s Bates E02746 Delta-6 GORE TEX (r) Side Zip Boot 6 – 12 13 14 Item 18 – Men’s Bates E02900 Delta-9 GORE-TEX (r) Side Zip Boot 7 – 12 13 14 Item 19 – Women’s Bates E02748 Delta-8 GORE-TSX (r) Side Zip Boot 6 – 12 13 14 The following vendor did not respond: Thorogood Shoes / 1019 Mayday Road / Lake Park, GA 31636 $99.00 $97.00 $99.00 $155.50 $155.50 $102.50 $98.10 $132.20 $137.20 $137.20 $102.50 $146.50 $74.50 $74.50 $74.50 The following vendor submitted a statement of no bid: Stitches Unlimited / 114_B Davis Road / Martinez, GA 30907 $70.50 $74.50 $74.50 $74.50 $70.50 $70.50 $70.50 $70.50 $70.50 Page 12 of 12 Attachment number 5 \nPage 12 of 12 Item # 18 Attachment number 6 \nPage 1 of 2 Item # 18 Attachment number 6 \nPage 2 of 2 Item # 18 Commission Meeting Agenda 8/6/2013 5:00 PM Ellis Albright Department:Clerk of Commission Caption:Consider for approval presentation by Mr. Ellis Albright of the CSRA Business League regarding minority, women and disadvantaged businesses. (No recommendation from Administrative Services Committee July 29, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 19 Attachment number 1 \nPage 1 of 1 Item # 19 Commission Meeting Agenda 8/6/2013 5:00 PM Evaluations Commission Direct Reports Department: Caption:Motion to approve tasking Law Department and Human Resources to present to the commission for review options for implementing an evaluation process for commission's direct reports in the next sixty days based on the goals and objectives established by the commission at the retreat in January. (Approved by Administrative Services Committee July 29, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 20 Commission Meeting Agenda 8/6/2013 5:00 PM No Confidence Vote Department: Caption:Motion to approve a "No Confidence Vote" relative to the performance or lack of performance of the Augusta-Richmond County General Counsel. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 21 Commission Meeting Agenda 8/6/2013 5:00 PM Ordinance meeting time change. Department: Caption:AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE TITLE ONE CHAPTER TWO ARTICLE ONE SECTION 1-2-2 RELATING TO THE TIME FOR COMMISSION MEETINGS OF THE AUGUSTA, GEORGIA BOARD OF COMMISSIONERS; TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. (REQUESTED BY COMMISSIONER GRADY SMITH) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 22 Attachment number 1 \nPage 1 of 3 Item # 22 Attachment number 1 \nPage 2 of 3 Item # 22 Attachment number 1 \nPage 3 of 3 Item # 22 Commission Meeting Agenda 8/6/2013 5:00 PM Ambulance Contract Department:Clerk of Commission Caption:Motion to approve formalizing into a contract for approval the recommendations of the Administrator as presented in the July 29th Public Safety committee regarding the ambulance contract. (Requested by Commissioner Marion Williams) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 23 Commission Meeting Agenda 8/6/2013 5:00 PM Approve funding in the amount of $35,000.00 for purchasing MDT"s through a grant from the Governor"s Office of Highway Safety. Department:Richmond County Sheriff's Office (RCSO) Caption:Motion to approve a request from the Richmond County Sheriff's Office (RCSO) for funding to purchase Mobile Data Computers (MDT's) in the amount of $35,000.00 through a grant award from the Governor's Office of Highway Safety (GOHS). (Approved by Public Safety Committee July 29, 2013) Background:RCSO received an award in the amount of $35,000.00 from GOHS to purchase nine(9) MDT's for the agency's Motorcycle Traffic unit. The motorcycle deputies will use these MDT's to complete accident investigations reports along with other reports in the field. The motorcycle units presently do not have this option and must travel to a location where a computer is located. Analysis: Financial Impact:This is a 100% reimbursable award. Upon completion of purchase RCSO will submit documentation for reimbursment to GOHS. Alternatives:none Recommendation:Approve funding in the amount of $35,000.00 to purchase MDT's for the RCSO Traffic unit. Funds are Available in the Following Accounts: Funds are available in fund 220 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 24 Administrator. Clerk of Commission Cover Memo Item # 24 Attachment number 1 \nPage 1 of 1 Item # 24 Commission Meeting Agenda 8/6/2013 5:00 PM East Central Region VI EMS Advisory Council Department:Fire Department Caption:Motion to re-appoint Christopher E. James, Fire Chief, to East Central Georgia Region VI EMS Advisory Council. (Approved by Public Safety Committee July 29, 2013) Background:On March 28, 2013 the Augusta Commission approved the appointment of Christopher E. James, Fire Chief to serve as a member of the East Central Region VI EMS Advisory Council. The Fire Department was notified by Ernie Doss, East Central Region VI MS Coordinator that the appointment expired on June 30, 2013. All members of the Council shall be appointed by the District Health Director. The Council shall consist of 2 member (s) from each county, who are selected by the respective County Commission. This/these individual(s) shall receive automatic appointment by the District Health Director. Members selected by County Commission must constitute a minimum of two-thirds of the voting membership. The objectives of the Council include, but are not limited to: promoting public education and knowledge of Emergency Medical Services fostering training programs at the local and regional levels to personnel involved with the delivery of Emergency Medical Services. Establishing a forum where the concerns of the public and private organizations can be voiced reporting to and making recommendations to the lead EMS District healt Director (hereinafter referred to as the Direct Health Director) recommending to the Board of Public Health or its designee the manner in which the regional ambulance zoning plan is to be conducted activity participating in the designation of trauma centers any and all other activities related to the organization and adminstration of Emergency Medical Services. Analysis:N/A Financial Impact:N/A Alternatives:N/A Cover Memo Item # 25 Recommendation:To re-appoint Christopher E. James, Fire Chief to East Central Georgia Region VI EMS Advisory council. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Fire Department Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 25 Commission Meeting Agenda 8/6/2013 5:00 PM Emergency roof replacement for the Coroner's Office Department:Coroner Caption:Motion to approve award of Bid item 13-161, toThomson Roofing for replacement of the roof at the Coroner's office in the amount of $53,825. Background:Bids were requested and received for the replacement of the roof at the Coroner's office at 912 8th Street. The County maintenance division has repaired the old roof several times and the exiting roof is now beyond repair. The exiting roof is now leaking so much that the morgue is NOT USABLE when it is raining. Analysis:The roof over the morgue leaks so much when it is raining that the morgue is NOT usable. Rain water stands in the lighting fixtures and puddles on the floor, a very UNSAFE condition(s) for employees. Financial Impact:A total of $56,000 dollars was included in FY 2013 captail expense budget. Thomson roofing and metal works was the low bidder at $53,825. dollars. Alternatives:There are NO alternatives Recommendation:Accept the low bid from Thomson roofing in the amount of $53,825.00 to replace the roof at the Coroner's Office. Funds are Available in the Following Accounts: Funds are available in Capital expense, acount # 272036110- 5413120. REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 26 Administrator. Clerk of Commission Cover Memo Item # 26 Commission Meeting Agenda 8/6/2013 5:00 PM Inmate Work Crew Agreement Department:Law Caption:Motion to approve Augusta, GA entering into an agreement with the Georgia Department of Transportation to provide Inmate Work Crews to assist in maintenance of DOT equipment, buildings, right-of-ways, and public works projects.(Approved by Public Safety Committee July 29, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 27 Attachment number 1 \nPage 1 of 5 Item # 27 Attachment number 1 \nPage 2 of 5 Item # 27 Attachment number 1 \nPage 3 of 5 Item # 27 Attachment number 1 \nPage 4 of 5 Item # 27 Attachment number 1 \nPage 5 of 5 Item # 27 Commission Meeting Agenda 8/6/2013 5:00 PM Sentinel Offender Services Contract Extension Department:Clerk of Commission Caption:Motion to approve an extension of the current agreement for probation services between the State Court of Richmond County, Georgia and Sentinel Offender Services LLC for a two month period of time.(Approved by Public Safety Committee July 29, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 28 Attachment number 1 \nPage 1 of 1 Item # 28 Commission Meeting Agenda 8/6/2013 5:00 PM VOCA Grant Department:Clerk of Commission Caption:Motion to approve a request for a VOCA Grant for the District Attorney Victim Assistance Program in the amount of $35,261 with a required match for the period from 10/1/13 through 9/30/14.(Approved by Public Safety Committee July 29, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 29 Attachment number 1 \nPage 1 of 2 Item # 29 Attachment number 1 \nPage 2 of 2 Item # 29 Commission Meeting Agenda 8/6/2013 5:00 PM 2013 - W&S-Maintenance Truck Department:Finance Department - Fleet Management Caption:Motion to approve request from the Augusta Utilities Department-Facilities Maintenance Division to purchase one (1) maintenance truck. (Approved by Finance Committee July 29, 2013) Background:The Facilities Maintenance Division, a new Division of Utilities, requests the acquisition of one multi-purpose maintenance/crane truck to handle the extensive amount of maintenance required for the operation of the department. The maintenance duties will include upkeep of water production equipment, ground wells, and water towers. A new maintenance truck with a medium sized crane application is required for this vast responsibility 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 four vendors. The results of the bid submittals are as follows: Allan Vigil Ford of Fayetteville, Ga. = $96,700.00 each; (2) Allan Vigil Ford of Morrow, Ga. = Did not meet bid specifications; Speedway Ford Sales = $97,659.00; Thomson Motor Centre = $98,486.00 Financial Impact:The maintenance truck will be purchased for $96,700.00.00 using the GMA Lease Program with 3 annual payments of $32,233.33. Alternatives:1. Approve the truck 2. Disapprove the truck Recommendation:Approve request to purchase a maintenance truck for the Augusta Utilities Department-Facilities Maint4nance Division Funds are Available in the Following Accounts: GMA Lease Program 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 1 Item # 30 Invitation to Bid Sealed bids will be received at this office on Wednesday, June 5, 2013 @ 11:00 a.m. for furnishing: Bid Item 13-141 Maintenance Truck for Fleet Management Bid Item 13-147 Aerial Bucket Truck for Fleet Management Bid Item 13-150 Trailer Mounted Sewer Flusher for Fleet Management 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, May 24, 2013 @ 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 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 May 2, 9, 16, 23, 2013 Metro Courier May 8, 2013 Revised: 3/7/2013 Attachment number 2 \nPage 1 of 1 Item # 30 Vendors Thomson Motor Centre 2158 Washington Rd NE Thomson, GA 30824 Allan Vigil Ford 6790 Mt Zion Blvd Morrow, GA 30260 Speedway/Griffin Ford Sales 1710 N Expressway Griffin, GA 30223 Allan Vigil Ford of Fayetteville 275 North Glynn St Fayetteville, GA 30214 Bobby Jones Ford 3480 Wrightsboro Rd Augusta, GA 30909 Attachment B Yes Yes Yes Yes E-Verify Number 369935 94460 BLYN4188/ 350376 224348 SAVE Form Yes Yes Yes Yes YEAR 2013 2014 2014 2014 MAKE Ram Ford Ford Ford MODEL 5500 F550 F550 F550 BODY: YEAR 2013 2014 2013 2013 MAKE Knapheide Omaha Standard Knapheide Knapheide MODEL 6132DLR-44KJ 11' Crane Body KMT1-11 6132DLR-44KJ CRANE: YEAR 2013 2014 2013 2013 MAKE Stellar Palfinger Stellar Stellar MODEL 7621 Crane PSC 4329 7621 7621 Crane BID PRICE $96,498.00 $91,641.00 $95,671.00 $94,712.00 10.00 OPTIONAL ITEMS 10.01 OUTRIGGERS HYDRAULIC OUT, HYDRAULIC DOWN $1,988.00 $1,736.47 $1,988.00 $1,988.00 10.02 CHASIS- REGULAR CAB N/A -$2,473.00 -$2,473.00 $92,239.00 APPROXIMATE DELIVERY 8-10 Weeks October, 2013 120-150 Days ARO 14-16 Weeks ARO Bid Opening Date: Wednesday, June 5, 2013 @ 11:00 a.m. 2013 Maintenace Truck with Crane CHASSIS: Bid Item #13-141 Maintenance Truck for the City of Augusta - Fleet Management Department Page 1 of 1 At t a c h m e n t n u m b e r 3 \ n P a g e 1 o f 1 It e m # 3 0 Attachment number 4 \nPage 1 of 3 Item # 30 Attachment number 4 \nPage 2 of 3 Item # 30 Attachment number 4 \nPage 3 of 3 Item # 30 Attachment number 5 \nPage 1 of 3 Item # 30 Attachment number 5 \nPage 2 of 3 Item # 30 Attachment number 5 \nPage 3 of 3 Item # 30 Commission Meeting Agenda 8/6/2013 5:00 PM 2014 Budget Planning Calendar Department:Finance Caption:Motion to approve 2014 Budget Calendar. (Approved by Finance Committee July 29, 2013) Background:The Budget Calendar establishes tentative dates for the completion of the various stages of the 2014 budget preparation and adoption process. The calendar is presented for approval consistent with the legal requirements in accordance with OCGA 36-81-5. The budget calendar, as planned, will facilitate developing, reviewing, and deliberations by the legislative body, input from the citizens of Augusta-Richmond County and adoption of FY2014 budget on a timely basis. The budget will also be adopted prior to fiscal year 2014. Analysis: Financial Impact: Alternatives:Revise dates Recommendation:Approve Budget Calendar for FY2014 as indicated on the attached Budget Calendar. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 31 AUGUSTA, GEORGIA 2014 BUDGET PLAIG CALEDAR ______________________________________________________________________________ JULY 2013 July 18, 2013 Distribution of Budget Calendar and Instructions during department head meeting. July 22, 2013 Departments with IFAS access may start entering in Budget Item Detail. July 29, 2013 Finance Committee approves FY2014 Budget Calendar. AUGUST 2013 August 5, 2013 Departmental Budgets due to Finance (for departments without access to IFAS system). Budget analysts begin review of proposed budgets for budget hearings. August 6, 2013 Commission approves FY 2014 Budget Calendar. August 12, 2013 Budget Item Detail deadline for IFAS users. SEPTEMBER 2013 Sept. 3-13, 2013 Budget Hearings with Departments (call if desired). Budget hearings will be led by the Finance Department with a report of new programs and personnel submitted to the Administrator. Administrator will be aware of all budget hearings; however his attendance will not be mandatory. A representative of the administrator’s office will be in all hearings. September 30, 2013 Budget summary presented to Administrator by Finance Department. OCTOBER 2013 October 15, 2013 FY 2014 Proposed Budget presented to Augusta-Richmond County Commission by the Administrator. October 22, 2013 Publish Public Hearing Notice in newspaper. (One week before meeting) OVEMBER 2013 November 5, 2013 PUBLIC TOW MEETIG / COMMISSIO MEETIG Public Hearing of 2014 Budget. November 12, 2013 Publish Notice of Budget Adoption in newspaper. (One week before meeting) November 19, 2013 Adoption of the FY 2014 Budget by the Augusta-Richmond County Commission JAUARY 2014 January 1, 2014 Effective date for the Fiscal year 2014 Budget. Attachment number 1 \nPage 1 of 1 Item # 31 Commission Meeting Agenda 8/6/2013 5:00 PM Landfill Compactor Replacement Department:Environmental Services Caption:Motion to approve to lease a landfill compactor from Aljon Manufacturing for bid item #13-134. (Approved by Finance Committee July 29, 2013) Background:As required by permit, the landfill must place and compact its trash. This is done to ensure a solid foundation as the landfill is constructed. A solid base ensures ease of daily cover which minimizes odor, and keeps animals out of the trash, as well as keeps paper and plastic contained within the landfill. Compacted waste makes it easier for the trucks to drive while in the landfill. Compaction also ensures that the cover dirt can be easily removed without leaving much dirt in the landfill. When cover is not removed, it costs the facility sellable airspace as well as causes operational problems relating to leachate, the liquid produced as garbage decomposes or as water passes through waste.The landfill currently uses 2 compactors to place and compact trash. The machine we are proposing to replace is an Aljon 91K which was acquired in 2001 and has approximately 8,600 hours of service. The 91K is a smaller machine which weighs less than 100,000 pounds. The facility also has a 2007 Aljon 600, which was scheduled for replacement in 2012. Due to a major rebuild, the facility chose to purchase the machine for the residual value of the lease as it now has additional usable life. The Aljon 600 is a larger machine which weighs in excess of 126,000 pounds offering improvements in compaction over the 91K. Analysis:Each year a survey is performed analyzing the density of the waste placed in the landfill. In prior years the waste density has been around 1500 pounds per cubic yard. In 2012, the density was reduced to 1250 pounds per cubic yard. This reduction has a significant financial impact on the landfill. A landfill is regulated to the height and width. The more waste which can fit into that space, the more dollars per yard/acre the facility makes, ultimately reducing the cost of construction and capital outlay. The department operated the 91K exclusively for months in 2012 while a major overhaul was performed on the Aljon 600. We attribute most of the density loss to the use of the 91K as this Cover Memo Item # 32 machine is significantly lighter, and cannot achieve the same density levels as the larger compactor. The loss of density resulted in a loss of more than $1.25 million in sellable airspace. This loss exceeds the value of the new compactor. By acquiring the new compactor we maximize our density, airspace and financials of the landfill. Additionally, the ESD included a GPS system to assist the compactor operator with proper waste placement and compaction. This system will dynamically show where the waste has not met its optimum compaction. This system will tell the operator, as well as leadership where additional emphasis needs to be placed to achieve complete compaction. If used properly, Augusta should be able to achieve compaction above the 1500 pounds per cubic yard, ultimately saving on new cell construction. The system should also minimize the amount of re-work due to proper waste placement at the time of compaction. Financial Impact:The ESD is recommending taking the lease to own option. This would cost the department $17,067 per month for 60 months. This creates an annual lease expense of $204,804. There are two recommended options as it relates to the divesting the 91K compactor. It can either be traded in, where Aljon has offered $25,000, or we can place the machine on GovDeals.com. As the fleet manager has the most knowledge in divesting assets, we suggest that they be granted the authority to divest this asset by either method listed above. Alternatives:1. Keep the current lighter 91K compactor. Recommendation:Approve to lease a landfill compactor from Aljon Manufacturing for bid item #13-134. Funds are Available in the Following Accounts: 541-04-4210/5224219 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 32 Invitation to Bid Sealed bids will be received at this office on Friday, April 26, 2013 @ 11:00 a.m. for furnishing: Bid Item 13-134 Landfill Compactors for Environmental Services 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 Monday, April 8, 2013 @ 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 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 March 14, 21, 28, April 4, 2013 Metro Courier March 20, 2013 Revised: 3/7/2013 Attachment number 1 \nPage 1 of 1 Item # 32 VENDORS Al-Jon Manufacturing 15075 Al-jon Ave Ottumwa, IA 52501 Humdinger Equipment 3202 Clovis Road Lubbock, TX 79415 Attachment B Yes Yes E-Verify # 148225 No SAVE Form Yes Yes ALJON 525 COM YEAR 2013 Non-Compliant BRAND Al-Jon MODEL Advantage 525 BID PRICE $797,427.00 LEASE PRICE 5-YR LEASE TO OWN/PER MONTH $14,227.00 OPTIONAL EQUIP CARLSON GPS SY PURCHASE PRICE INCREASE $151,800.00 MONTHLY LEASE PRICE INCREASE $2,706.00 Bid Opening Bid Item #13-134 Landfill Compactors for Augusta, Georgia - Environmental Services Department Bid Due: Friday, April 26, 2013 @ 11:00 a.m. Page 1 of 2 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 2 It e m # 3 2 VENDORS Al-Jon Manufacturing 15075 Al-jon Ave Ottumwa, IA 52501 Humdinger Equipment 3202 Clovis Road Lubbock, TX 79415 Bid Opening Bid Item #13-134 Landfill Compactors for Augusta, Georgia - Environmental Services Department Bid Due: Friday, April 26, 2013 @ 11:00 a.m. ZONAR SYSTEM PURCHASE PRICE INCREASE $7,600.00 MONTHLY LEASE PRICE INCREASE $134.00 TRADE IN VALUE F00105 ALJON 91K COMPACTOR $25,000.00 207212 ALJON 600 COMPACTOR No Bid Delivery Date 90-120 days Page 2 of 2 At t a c h m e n t n u m b e r 2 \ n P a g e 2 o f 2 It e m # 3 2 Attachment number 3 \nPage 1 of 3 Item # 32 Attachment number 3 \nPage 2 of 3 Item # 32 Attachment number 3 \nPage 3 of 3 Item # 32 Attachment number 4 \nPage 1 of 3 Item # 32 Attachment number 4 \nPage 2 of 3 Item # 32 Attachment number 4 \nPage 3 of 3 Item # 32 Commission Meeting Agenda 8/6/2013 5:00 PM Request for approval to designate McBean Enterprise Zone Department:Planning and Development Caption:Motion to approve an ordinance to designate “McBean Enterprise Zone”. (Approved by Commission July 16, 2013 second reading) Background:Georgia law provides for local governments to offer several types of economic development incentives, among them are Enterprise Zones (EZ), Opportunity Zones (OZ), and Tax Allocation Districts (TAD). In order to make the Augusta Corporate Park more competitive the Augusta Development Authority has proposed designating that property as an EZ and an OZ. They contracted with the CSRA Regional Development Commission to find a way to make the designation conform to the standards in the law. The RDC was able to do that by incorporating the Corporate Park into a larger area that includes the properties along Mike Padgett Highway south of the Park to the county line. In order for an area to be designated as an Opportunity Zone (OZ) it first has to be designated as an Enterprise Zone (EZ). The purpose of this agenda item is to designate the area as an EZ. Approval would abate property taxes for employers who create 5 or more jobs for up to 10 years; 100% for the first 5 years and then 80%, 60%, 40%, 20% and 10%. Data provided by the RDC indicates that the area is eligible for designation. Analysis:The action would encourage economic development by abating property taxes on investments that probably wouldn’t happen otherwise. Financial Impact:Potentially significant as a positive if successful in attracting investment that would not otherwise occur. Alternatives:Approve or deny Recommendation:Approve Cover Memo Item # 33 Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 33 Attachment number 1 \nPage 1 of 6 Item # 33 Attachment number 1 \nPage 2 of 6 Item # 33 Attachment number 1 \nPage 3 of 6 Item # 33 Attachment number 1 \nPage 4 of 6 Item # 33 Attachment number 1 \nPage 5 of 6 Item # 33 Attachment number 1 \nPage 6 of 6 Item # 33 Attachment number 2 \nPage 1 of 28 Item # 33 Attachment number 2 \nPage 2 of 28 Item # 33 Attachment number 2 \nPage 3 of 28 Item # 33 Attachment number 2 \nPage 4 of 28 Item # 33 Attachment number 2 \nPage 5 of 28 Item # 33 Attachment number 2 \nPage 6 of 28 Item # 33 Attachment number 2 \nPage 7 of 28 Item # 33 Attachment number 2 \nPage 8 of 28 Item # 33 Attachment number 2 \nPage 9 of 28 Item # 33 Attachment number 2 \nPage 10 of 28 Item # 33 Attachment number 2 \nPage 11 of 28 Item # 33 Attachment number 2 \nPage 12 of 28 Item # 33 Attachment number 2 \nPage 13 of 28 Item # 33 Attachment number 2 \nPage 14 of 28 Item # 33 Attachment number 2 \nPage 15 of 28 Item # 33 Attachment number 2 \nPage 16 of 28 Item # 33 Attachment number 2 \nPage 17 of 28 Item # 33 Attachment number 2 \nPage 18 of 28 Item # 33 Attachment number 2 \nPage 19 of 28 Item # 33 Attachment number 2 \nPage 20 of 28 Item # 33 Attachment number 2 \nPage 21 of 28 Item # 33 Attachment number 2 \nPage 22 of 28 Item # 33 Attachment number 2 \nPage 23 of 28 Item # 33 Attachment number 2 \nPage 24 of 28 Item # 33 Attachment number 2 \nPage 25 of 28 Item # 33 Attachment number 2 \nPage 26 of 28 Item # 33 Attachment number 2 \nPage 27 of 28 Item # 33 Attachment number 2 \nPage 28 of 28 Item # 33 Attachment number 3 \nPage 1 of 14 Item # 33 Attachment number 3 \nPage 2 of 14 Item # 33 Attachment number 3 \nPage 3 of 14 Item # 33 Attachment number 3 \nPage 4 of 14 Item # 33 Attachment number 3 \nPage 5 of 14 Item # 33 Attachment number 3 \nPage 6 of 14 Item # 33 Attachment number 3 \nPage 7 of 14 Item # 33 Attachment number 3 \nPage 8 of 14 Item # 33 Attachment number 3 \nPage 9 of 14 Item # 33 Attachment number 3 \nPage 10 of 14 Item # 33 Attachment number 3 \nPage 11 of 14 Item # 33 Attachment number 3 \nPage 12 of 14 Item # 33 Attachment number 3 \nPage 13 of 14 Item # 33 Attachment number 3 \nPage 14 of 14 Item # 33 Attachment number 4 \nPage 1 of 23 Item # 33 Attachment number 4 \nPage 2 of 23 Item # 33 Attachment number 4 \nPage 3 of 23 Item # 33 Attachment number 4 \nPage 4 of 23 Item # 33 Attachment number 4 \nPage 5 of 23 Item # 33 Attachment number 4 \nPage 6 of 23 Item # 33 Attachment number 4 \nPage 7 of 23 Item # 33 Attachment number 4 \nPage 8 of 23 Item # 33 Attachment number 4 \nPage 9 of 23 Item # 33 Attachment number 4 \nPage 10 of 23 Item # 33 Attachment number 4 \nPage 11 of 23 Item # 33 Attachment number 4 \nPage 12 of 23 Item # 33 Attachment number 4 \nPage 13 of 23 Item # 33 Attachment number 4 \nPage 14 of 23 Item # 33 Attachment number 4 \nPage 15 of 23 Item # 33 Attachment number 4 \nPage 16 of 23 Item # 33 Attachment number 4 \nPage 17 of 23 Item # 33 Attachment number 4 \nPage 18 of 23 Item # 33 Attachment number 4 \nPage 19 of 23 Item # 33 Attachment number 4 \nPage 20 of 23 Item # 33 Attachment number 4 \nPage 21 of 23 Item # 33 Attachment number 4 \nPage 22 of 23 Item # 33 Attachment number 4 \nPage 23 of 23 Item # 33 ORDIACE O. _______________ A ORDIACE TO AMED THE AUGUSTA GEORGIA CODE SO A S TO AMED SECTIO 2-4 BY ADDIG A EW SUBSECTIO 23 ETITLED “MCBEA ETERPRISE ZOE”, TO PROVIDE A EFFECTIVE DATE, TO REPEAL COFLICTIG ORDIACES AD FOR OTHER PURPOSES. WHEREAS, a method has been provided by the General Assembly of the State of Georgia through the enactment of the Enterprise Zone Employment Act of 1997 as amended (O.C.G.A. § 36-88-1 et. seq.) to promote investment in areas of disinvestment, underdevelopment and economic decline; and, that said Act promotes reinvestment and rehabilitation efforts in such areas by qualifying businesses though the abatement of state, county and municipal ad valorum taxes, and other fee abatement incentives; and, WHEREAS, O.C.G.A. § 36-88-6 establishes the criteria by which an area may be designated as an enterprise zone, such criteria being listed in subsections (b), (c) , (d), (e), and (f, and quantifying conditions of “pervasive poverty”, “unemployment”, “general distress”, “underdevelopment”, an “general blight”, respectively; and, that nominated areas must meet at least three (3) of the five (5) established for qualification; and, WHEREAS, the Augusta Development Authority commissioned a study examining conditions of disinvestment, underdevelopment and economic decline in a portion of the city of Augusta located in the vicinity of the McBean community the boundary of such study area being specified and illustrated in Exhibit A as the McBean Enterprise Zone; and, WHEREAS, the McBean Opportunity Study presented to the Augusta Georgia Commission by the Augusta Development Authority and as provided in Exhibit B, confirms that the McBean Enterprise Zone meets four (4) of the five (5) criteria qualifying it for enterprise zone designation; and, WHEREAS, designation of the McBean Enterprise Zone is consistent with the goals and objectives of the city of Augusta’s comprehensive plan; OW THEREFORE, THE AUGUSTA GEORGIA COMMISSIO ordains as follows: SECTIO 1 . AUGUSTA GEORGIA CODE, Section 2-4, is amended by adding a new Section 2-4-23 which reads as follows: 2-4-23 Designation the “McBean Enterprise Zone.” The Augusta Georgia Commission hereby designates the area hereafter described as an Enterprise Zone to be known as the “McBean Enterprise Zone” to wit: BOUNDARY DESCRIPTION Beginning at a point where S.R. 56 (Mike Padgett Highway) intersects the Burke County, Georgia line, and proceeding northward roughly 4.2 miles; incorporating Attachment number 5 \nPage 1 of 2 Item # 33 parcels fronting on and flanking both sides of the highway corridor, and including parcels in close proximity to and projecting from either side of the corridor with or without frontage on Alden Drive, Amarillo Circle, Black Road, Blackberry Lane, Cemetery Drive, Clark Road, Cannon Court, Corinth Road, Hephzibah- McBean road, Horseshoe Road, McCombs Road, McKinely Lane, Mosley Road, Old Mike Padgett Highway, Piney Grove Road, Rollins Road and Union Cemetery Drive; such area being contained within 2010 Census Block Groups 109.05 (1), and 109-05 (2); and , such area consisting of roughly 3,686 acres, the meandering boundary of which is highly variable as specified and illustrated in Exhibit A. SECTIO 2 . Consistent with the applicable provisions of O.C.G.A., 36-88-1 et. seq., qualifying businesses and service enterprises within the McBean Enterprise Zone, generating the minimum investments for which they may receive access to state enterprise zone incentives, shall be exempted from state, county, and municipal ad valorum taxes in the amount not o exceed the following schedule: One hundred percent of property taxes shall be exempt for the first five (5) years; Eighty percent of property taxes shall be exempt for the next two (2) years; Sixty percent of property taxes shall be exempt for the next year; Forty percent of property taxes shall be exempt for the next year; and Twenty percent of property taxes shall be exempt for the last year. SECTIO 3. This Ordinance shall become effective on its adopting in accordance with applicable laws. SECTIO 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this _________ day of ______________, 2013. __________________________________ Davis S. Copenhaver, As its Mayor ATTEST: __________________________________ Lena Bonner, Clerk of Commission Attachment number 5 \nPage 2 of 2 Item # 33 Commission Meeting Agenda 8/6/2013 5:00 PM Richard Lee Crawford Department:Clerk of Commission Caption:Motion to approve tasking the attorney to meet with the Tax Assessor's Office in order to clarify what the local laws and state law specify in this case and whether one law supercedes another so that a decision can be made regarding a request from Mr. Richard Lee Crawford for a refund of taxes overpaid for the last three years for property located at 4354 Bath Edie Road, Hephzibah, Ga.(Approved by Finance Committee July 29, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 34 Attachment number 1 \nPage 1 of 11 Item # 34 Attachment number 1 \nPage 2 of 11 Item # 34 Attachment number 1 \nPage 3 of 11 Item # 34 Attachment number 1 \nPage 4 of 11 Item # 34 Attachment number 1 \nPage 5 of 11 Item # 34 Attachment number 1 \nPage 6 of 11 Item # 34 Attachment number 1 \nPage 7 of 11 Item # 34 Attachment number 1 \nPage 8 of 11 Item # 34 Attachment number 1 \nPage 9 of 11 Item # 34 Attachment number 1 \nPage 10 of 11 Item # 34 Attachment number 1 \nPage 11 of 11 Item # 34 Commission Meeting Agenda 8/6/2013 5:00 PM Acquisition of Permanent Easement & Temporary Easement from Robert F. Bryant, Deceased Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary easement, (Parcel 052-0-057-00-0) 3812 Belair Road. (Approved by Engineering Services Committee July 29, 2013) Background:The City cannot determine clear title, as the property owner, Robert F. Bryant, Sr. passed away without a will. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 75 square feet of permanent easement and 1,474 square feet of temporary easement. The appraised value is $277.00 Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation Recommendation:Approve condemnation Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 323-041110-52-12122 J/L 201823332-5212122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 35 AGENDA ITEM ______________ EDITION ______________ DATE: June 20, 2013 TO: The Honorable Deke Copenhaver, Mayor Members of the Augusta Commission/Members of the Public Services Committee FROM: Daniel W. Hamilton and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of permanent easement and temporary easement to Richmond County, Georgia from Robert F. Bryant, deceased. CAPTION: Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary easement, (Parcel 052-0-057-00-0) 3812 Belair Road. BACKGROUND: The City cannot determine clear title, as the property owner, Robert F. Bryant, Sr. passed away without a will. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 75 square feet of permanent easement and 1,474 square feet of temporary easement. The appraised value is $277.00 ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: July 2013 DEPARTMENT FUNDS ARE AVAILABLE IN THE DIRECTOR:_________________________ FOLLOWING ACCOUNTS: G/L 323-041110-52.12122 ADMINISTRATOR:____________________ J/L 201823332-5212122 FINANCE:__________________________ Attachment number 1 \nPage 1 of 1 Item # 35 Commission Meeting Agenda 8/6/2013 5:00 PM Acquisition of permanent easement and temporary easement to Richmond County, Georgia from Jean Michel Zapata. Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary easement, (Parcel 053-0-0410-0) 3708 Belair Road.(Approved by Engineering Services Committee July 29, 2013) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 287 square feet of permanent easement and 1,921 square feet of temporary easement. The appraised value is $503.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 323-041110-52.12122 J/L 201823332- 5212122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Cover Memo Item # 36 Clerk of Commission Cover Memo Item # 36 Attachment number 1 \nPage 1 of 1 Item # 36 Commission Meeting Agenda 8/6/2013 5:00 PM Acquisition of permanent easement and temporary easement to Richmond County, Georgia from Ricky Stephen Newman. Department:Law Caption:Motion to authorize condemnation to acquire title of a portion of property for permanent easement and temporary easement, (Parcel 053-0-032-00-0) 3752 Belair Road.(Approved by Engineering Services Committee July 29, 2013) Background:Despite repeated efforts, the City has been unable to reach an agreement with the property owner and therefore seeks to acquire title through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 183 square feet of permanent easement and 3,792 square feet of temporary easement. The appraised value is $706.00 and the counter-offer is $5,540.00. Analysis:Condemnation is necessary in order to acquire the required property. Financial Impact:The necessary costs will be covered under the project budget. Alternatives:Deny condemnation. Recommendation:Approve condemnation. Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L 323-041110-52.12122 J/L 201823332- 5212122 REVIEWED AND APPROVED BY: Finance. Law. Cover Memo Item # 37 Administrator. Clerk of Commission Cover Memo Item # 37 Attachment number 1 \nPage 1 of 1 Item # 37 Commission Meeting Agenda 8/6/2013 5:00 PM Approve a contract for RFP 12-167, Waste Diversion Renewable Energy Program to Rational Energy. Department:Environmental Services Caption:Motion to approve a contract for RFP 12-167, Waste Diversion Renewable Energy Program to Rational Energy. (Approved by Engineering Services Committee July 29, 2013) Background:Augusta’s Environmental Services Department (ESD) released RFP 12-167 with the purpose of diverting waste from disposal at the landfill through recycling and processing portions of the waste stream into a marketable product or renewable energy. The nature of this project was that the project be financed, designed, permitted, constructed and operated by the successful proposer under an agreement with Augusta. The proposed facility is to be located on landfill property and receive mixed municipal solid waste (MSW) at the landfill via diverted trucks. The intent is that the ESD continues to receive all the landfill revenues as trash enters the facility. Once across the scales trucks would be diverted into the proposer’s facilities where they would theoretically borrow the trash. While there, the proposer would remove portions of the waste stream they want. Then the proposer will deliver the remaining portion of the waste to the landfill to be buried. A driving force of this RFP was keeping the revenue stream intact, while reducing the amount of garbage buried, effectively saving the ESD money. Analysis:Upon receiving bids, there was one qualified, responsive bidder, which was Rational Energies (RE). Their proposal seeks to develop a plant that uses waste plastic from the MSW as a feedstock for making fuel oil. The process includes building a receiving floor (inside a building) where waste can be dumped. It will then be processed. Metals, which include steel, tin, and aluminum will be extracted and sold as recycling. Additionally, PET plastics will be removed and sold as recycling. This creates a base revenue stream for the facility as well as improves the diversion rates for Augusta. The goal of RE is to remove film plastics from the MSW. This includes mainly plastic bags, and other films which are received by the landfill. It is anticipated that the volume reduction from this process could be around 20%. This provides a significant improvement to the waste given back to the Cover Memo Item # 38 landfill. When plastics and metals are removed, decomposition may occur more readily. This yields the ESD more airspace over the long run for Augusta to sell. The film plastics are then sent to a second on-site facility, through the use of pyrolysis, they break the plastic down into oils. This plant operates as a small refining plant. The product created from this plant can be used as a petroleum product. The RE proposal included a variety of benefits to Augusta. The first is the economic impact of building a $30 million dollar facility in Augusta. The second is the ongoing 70+ jobs it will take to operate both facilities. The ESD will benefit from the recovery of non-biodegradable MSW components which are now going into the landfill. RE has contractually agreed to pay for the MSW as a feedstock at $.25 cents per ton received, as well as provide revenue sharing from the recyclables sold, over a specific volume and price. Additionally, the contract allows the ESD to sell RE landfill gas as a fuel source at market conditions. This provides a second outlet for the gas, since our current customer only uses a portion of the available gas. RE also committed to an educational component of the project which includes a classroom in their building complex and will allow fieldtrips and tours. Additionally RE has included two internships annually for the colleges to work with this evolving technology. The ESD structured the deal where there is minimal risk to Augusta. First, RE must get their own permits rather than operate under Augusta’s permits. This ensures that any actions (or lack of action) will not have an adverse impact on the landfill. Second, Augusta is leasing RE land at almost a zero cost lease, however, if the project becomes idle, then RE has a defined period to remove all assets from the land and return the land to Augusta. Within the contract, we have allowed the contractor a due diligence period, which allows them to finalize all the site plans, get permitting, establish financing, and initiate the project. If for some reason any of those items do not occur, the contract has a time limit and provisions where the contract becomes void. Financial Impact:The only cost to Augusta is the use of land by RE. The ESD is paid $.25 cent per ton for each ton that goes into the RE facility. Additionally, a revenue share is established as the parties shall divide all PET recyclable revenues received over $.20 cents per pound and all metal recyclable revenues over $.35 cents per pound in the ratio of 70% to RE and 30% to ESD. Augusta has also included the possibility of selling landfill gas to RE at a market rate. Alternatives:1. Approve a contract for RFP 12-167, Waste Diversion Renewable Energy Program to Rational Energy. 2. Do not approve the contract Recommendation:Approve a contract for RFP 12-167, Waste Diversion Renewable Cover Memo Item # 38 Energy Program to Rational Energy. Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 38 ARTICLE 1ARTICLE 1ARTICLE 1ARTICLE 1————DEFINITIONSDEFINITIONSDEFINITIONSDEFINITIONS Unless otherwise required by the context in which any defined term appears, the following terms shall have the meaning assigned to them in this Article for all purposes including the recitals: 1.11.11.11.1 BTUBTUBTUBTU means British Thermal Units or the amount of heat required to raise the temperature of one pound of water one (1) degree Fahrenheit at sixty (60) degrees Fahrenheit and MMBTU means one million (1,000,000) BTU. 1.21.21.21.2 Contractor’s EquipmentContractor’s EquipmentContractor’s EquipmentContractor’s Equipment has the meaning set forth in Section 2.12.2 of this Agreement. 1.31.31.31.3 Environmental AttributesEnvironmental AttributesEnvironmental AttributesEnvironmental Attributes means any and all credits, benefits, emissions reductions, environmental air quality credits, emission reduction credits, renewable energy credits, renewable energy certificates, offsets, and allowances attributable to the generation, destruction, purchase, sale, or use of LFG from the Landfill, including, but not limited to, tags, certificates, credits, allowances, offsets, and similar products or rights attributable to the generation, destruction, purchase, sale, or use of LFG from the Landfill that can be used to claim responsibility for, ownership of, or any avoidance or reduction of emissions or pollutants, including, but not limited to, carbon dioxide, mercury, nitrogen oxide, sulfur oxide, carbon monoxide, particulate matter or similar pollutants or contaminants of air, water or soil, under any governmental, regulatory or voluntary program, including the United Nations Framework Convention on Climate Change and related Kyoto Protocol or other program. 1.41.41.41.4 Force MajeureForce MajeureForce MajeureForce Majeure means acts of God, fires, storms, lightning, floods, hurricanes, high water washouts, earthquakes, landslides, explosions, war, blockade, public disorder, acts of the public enemy, insurrections, riots, epidemics, accidents, casualty, labor disturbances, arrests and restraints of governments and people, catastrophic events such as explosions, breakage or accident to equipment caused by an event of Force Majeure, or any other event of similar cause not reasonably within the control of the affected Party and which, by the exercise of reasonable diligence, such Party is unable to prevent or overcome. Force Majeure shall not include the unavailability of or delays in delivery of any product, labor, fuel, service or materials unless caused by an event that would otherwise be defined herein as an event of Force Majeure. Force Majeure shall in no event include (a) any change in the economy or in the markets, pricing or demand for products manufactured at the facility or for recycled materials, processed or unprocessed, that affects Contractor’s ability to use municipal solid waste, processed or unprocessed, or any component or product thereof, or the price at which recovered materials can be sold, or (b) increases in the cost of constructing or operating Contractor’s Equipment. 1.51.51.51.5 Good Engineering PracticeGood Engineering PracticeGood Engineering PracticeGood Engineering Practice shall mean any practices, methods, or acts which, in the exercise of reasonable judgment in light of the facts known would have been expected to accomplish the desired result in a manner consistent with reliability, safety, project economics, and applicable laws and regulations for similar projects in the State of Georgia. This term is not intended to be limited to one practice or method to the exclusion of all others. 1.61.61.61.6 Governmental AuthorityGovernmental AuthorityGovernmental AuthorityGovernmental Authority means any federal, state, regional, city or local government, any political subdivision thereof, or any other governmental, quasi governmental, judicial, public or statutory instrumentality, authority, body, agency, commission, administration, bureau, department, board, bureau, court or other entity. 1.71.71.71.7 Hazardous Materials Hazardous Materials Hazardous Materials Hazardous Materials means all materials which have been determined to be hazardous to health or the environment by virtue of being defined by the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, regulated by the Toxic Substances Control Act, the Federal Insecticide, Fungicide and Rodenticide Act, or regulated by any other applicable federal, state, or local law. Reference to specific statutes includes amendments as they are made from time to time, as well as the regulations promulgated there under. 1.81.81.81.8 Inflationary IndexInflationary IndexInflationary IndexInflationary Index means the Consumer Price Index for All Urban Consumers (“CPI-U”), Atlanta, Georgia – Atlanta, Georgia, All Items published by the United States Department of Labor, Bureau of Labor Statistics (“BLS”), or its successor. 1.91.91.91.9 Landfill Landfill Landfill Landfill shall mean the Augusta GA - Deans Bridge Road Municipal Solid Waste Landfill located in Blythe, Georgia. 1.101.101.101.10 Landfill Gas or LFG Landfill Gas or LFG Landfill Gas or LFG Landfill Gas or LFG means any and all gases resulting from the anaerobic decomposition of refuse material within the Landfill disposal cells, consisting principally of methane, carbon dioxide, and other constituent gases. Attachment number 1 \nPage 1 of 12 Item # 38 1.111.111.111.11 Legal RequirementsLegal RequirementsLegal RequirementsLegal Requirements means any applicable law, order, codes, writ, decree, judgment, requirement, guideline, action, permit, ordinance, rule and regulation of any Governmental Authority whether existing as of the Effective Date of this Agreement or subsequently amended, enacted or promulgated hereafter. 1.121.121.121.12 Municipal Solid Waste Municipal Solid Waste Municipal Solid Waste Municipal Solid Waste means any solid waste derived from households, including garbage, trash, and sanitary waste in septic tanks and means solid waste from single family and multifamily residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation areas. The term includes yard trimmings and commercial solid waste, but does not include solid waste from mining, agricultural, or silvicultural operations or industrial processes or operations. 1.131.131.131.13 Percent Reduction Percent Reduction Percent Reduction Percent Reduction means the computed amount of waste diverted by the processing facility from landfilling. The percent reduction shall be computed as the total tons delivered to the facility less the total tons disposed in the landfill from the processing facility and then that resulting value divided by the total tons delivered to the facility. 1.141.141.141.14 Permit(s)Permit(s)Permit(s)Permit(s) means all actions, reviews, approvals, consents, waivers, exemptions, variances, franchises, orders, permits, authorizations, rights, licenses, filings, zoning changes or variances, and entitlements of whatever kind and however described which are required under applicable law to be obtained or maintained by any person with respect to the activities contemplated herein. 1.151.151.151.15 PrPrPrProcessing Siteocessing Siteocessing Siteocessing Site means the real property having an approximate size of five (5) acres within or adjacent to the portion of the Landfill on native soil that is above the applicable 100 year flood elevation, is level, or capable of being leveled by grading, and that is firm and not susceptible to settlement following the pouring of a concrete slab and the installation of the Processing System. The Processing Site shall not contain, nor ever have contained, refuse from landfilling operations. The Processing Site shall be mutually agreed upon by the Owner and Contractor. If for some unanticipated reason the initial site mutually agreed upon by the Owner and Contractor is not workable the Owner and Contractor may agree to identify an alternative site on the Landfill that is mutually acceptable to both Parties. 1.161.161.161.16 Processing SystemProcessing SystemProcessing SystemProcessing System means all conveyors, screens, pressure vessels, piping, valves, pumps, monitoring devices, compressors, generators and related equipment installed on the Processing Site utilized by Contractor to process the municipal solid waste to a commercial product or energy. 1.171.171.171.17 Scheduled Interruptions Scheduled Interruptions Scheduled Interruptions Scheduled Interruptions means an interruption resulting when all or a portion of the respective systems owned by either Contractor or Owner is deliberately taken out of service at a selected time for purposes of maintenance, repair or construction. 1.181.181.181.18 Unscheduled InterruptionsUnscheduled InterruptionsUnscheduled InterruptionsUnscheduled Interruptions means an interruption resulting when all or a portion of the respective systems owned by either Contractor or Owner is taken out of service at an unexpected time due to an outage caused by utility outages, equipment failure, human error or other unexpected condition. ARTICLE 2ARTICLE 2ARTICLE 2ARTICLE 2————CONSTRUCTION OF PROCESSING EQUIPMENT AND FACILITIESCONSTRUCTION OF PROCESSING EQUIPMENT AND FACILITIESCONSTRUCTION OF PROCESSING EQUIPMENT AND FACILITIESCONSTRUCTION OF PROCESSING EQUIPMENT AND FACILITIES 2.12.12.12.1 Owner’s Equipment.Owner’s Equipment.Owner’s Equipment.Owner’s Equipment. Owner shall be solely responsible and liable for designing, constructing, operating, maintaining, and repairing the Gas Collection System and for the construction of any pipeline necessary to deliver LFG to the Processing Site. (If LFG is proposed to be utilized by the Contractor). Owner shall be responsible for obtaining all Permits relating to the construction and operation of the Gas Collection System. 2.22.22.22.2 ContracContracContracContractor’s Equipment.tor’s Equipment.tor’s Equipment.tor’s Equipment. Contractor shall be solely responsible and liable for designing, constructing, operating, maintaining, and repairing any and all equipment and facilities necessary to process the MSW as required for the waste diversion/ renewable energy program. Additionally, Contractor shall be solely responsible and liable for designing, constructing, operating, maintaining, and repairing any and all equipment and facilities used to transport, treat, and utilize the LFG from the Processing Site, including any pipeline necessary to deliver LFG from the outside boundary of the Processing Site to Contractor’s LFG Processing System (If LFG is proposed to be utilized by the Contractor). Contractor shall be responsible for obtaining all Permits relating to the construction and operation of Contractor’s Equipment, including, without limitation, any easements and rights-of-way. Contractor shall be required to prepare any Permit with respect to the Landfill. Any permit modifications required for the Landfill shall be reviewed and approved by the Owner prior to execution of applications and submittal to the State. Contractor shall indemnify and hold Owner harmless from and against any and all Attachment number 1 \nPage 2 of 12 Item # 38 claims, actions, losses, damages, and expenses relating to or arising from Contractor’s ownership, use, operation, repair, and/or maintenance of Contractor’s Equipment. 2.32.32.32.3 Observation and Demonstration Room.Observation and Demonstration Room.Observation and Demonstration Room.Observation and Demonstration Room. Contractor shall include a room within its processing facility where plastics processing can be observed as well as a room within the materials recovery plant facility where waste processing can be observed. Final design and layout of the rooms shall be mutually agreed upon during the facility design process. 2.42.42.42.4 Mutual Support. Mutual Support. Mutual Support. Mutual Support. Each party shall exercise reasonable efforts to support and assist the other party in the acquisition of all Permits and authorizations and in fulfilling the obligations described above. Such support shall include participating in regulatory proceedings and providing information concerning each party’s operations. ARTICLE 3ARTICLE 3ARTICLE 3ARTICLE 3————PROCESSING OF MUNICIPAL SOLID WASTEPROCESSING OF MUNICIPAL SOLID WASTEPROCESSING OF MUNICIPAL SOLID WASTEPROCESSING OF MUNICIPAL SOLID WASTE 3.13.13.13.1 Baseline Quantity; TakeBaseline Quantity; TakeBaseline Quantity; TakeBaseline Quantity; Take----orororor----Pay Obligation. Pay Obligation. Pay Obligation. Pay Obligation. Subject to the terms and conditions of this Agreement, the Baseline Quantity shall be 5,000 tons per calendar week of municipal solid waste commencing on the date that waste is first delivered by Owner to the Processing Site. Subject specifically to the limitations set forth in Section 3.4, Owner shall exercise its reasonable efforts to deliver and Contractor shall accept and process all of the municipal solid waste that is delivered to the Processing Site, in each case, up to the Baseline Quantity. Furthermore, the Contractor agrees that its waste processing shall reduce the total tonnage to be landfilled at the facility by 20 percent as computed on a monthly basis. Contractor will not be obligated to pay Owner until the date that Owner begins providing delivery to the Processing Site. 3.23.23.23.2 Quantity in Excess of the Baseline QuantityQuantity in Excess of the Baseline QuantityQuantity in Excess of the Baseline QuantityQuantity in Excess of the Baseline Quantity. Any municipal solid waste received by the Owner at the landfill in excess of the Baseline Quantity will be made available for use by Contractor, but Contractor shall not be required to process such materials. Prior to any system expansions, Contractor shall notify Owner whether it intends to accept additional municipal solid waste in excess of the Baseline Quantity and the amount it would accept if available. Both Contractor and Owner mutually agree to support either expansion of the Processing Facility or alternate uses of excess MSW if future opportunities arise. 3.33.33.33.3 Use of Municipal Solid Waste Not TakenUse of Municipal Solid Waste Not TakenUse of Municipal Solid Waste Not TakenUse of Municipal Solid Waste Not Taken. Owner shall be free to utilize, dispose of, or sell to a third party all municipal solid waste tendered to Contractor under Section 3.2 but not processed by or committed to be processed by Contractor for any reason. 3.43.43.43.4 Quantity and Quality of Municipal Solid Waste. Quantity and Quality of Municipal Solid Waste. Quantity and Quality of Municipal Solid Waste. Quantity and Quality of Municipal Solid Waste. Contractor understands and acknowledges that, due to the unpredictable nature of municipal solid waste and collection operations, actual delivery rates and quality will vary and there may be material changes. Contractor further understands and acknowledges that Owner is not providing any guarantees, warranties, or representations as to the quality or quantity of waste to be delivered to Contractor, and that the quantities set forth in this Agreement are merely projections. Owner shall operate the Landfill in a prudent and efficient manner in order to attempt to provide Contractor with the Baseline Quantity as set forth in this Agreement. 3.53.53.53.5 Municipal Solid Waste Not Utilized by Contractor.Municipal Solid Waste Not Utilized by Contractor.Municipal Solid Waste Not Utilized by Contractor.Municipal Solid Waste Not Utilized by Contractor. Notwithstanding anything to the contrary set forth in this Agreement, in the event Contractor fails to take the Baseline Quantity of municipal solid waste that Owner delivers to the Processing Site on any given day (i) Owner may divert, sell to a third party or landfill all such municipal solid waste, and (ii) Contractor shall make payments to Owner for the Baseline Quantity in accordance with its Take–or-Pay obligations set forth in Section 3.1 of this Agreement. 3.63.63.63.6 Operating Standard.Operating Standard.Operating Standard.Operating Standard. Contractor shall install, operate, and maintain Contractor’s Equipment in accordance with Good Engineering Practice. Contractor shall operate the processing facility in accordance with all requirements of the permits as obtained per Article 2.2 of this Agreement as well as all permits, regulations and environmental laws applicable to the site. Notices of violations or consent orders for Contractor’s failure to operate in accordance with any permits, laws, or regulations as related to the Contractor’s operations shall be a material breach of this Agreement and be subject to Article 5.2.b. Contractor shall be liable for damages related to such breach per Article 5.2.e. 3.73.73.73.7 Priority of Landfill Operations. Priority of Landfill Operations. Priority of Landfill Operations. Priority of Landfill Operations. Contractor acknowledges and agrees that the primary use of the Landfill is as a sanitary landfill. Notwithstanding anything to the contrary set forth in this Agreement, at all times during the Term hereof, Owner shall have the right to operate the Landfill, and to take all actions Attachment number 1 \nPage 3 of 12 Item # 38 at its own cost and expense that Owner deems in good faith necessary or appropriate in connection with the operation and maintenance of the Landfill including actions to comply with any Legal Requirements. 3.83.83.83.8 Price. Price. Price. Price. As paid by the Contractor to the Owner, the price of municipal solid waste processed by the Contractor for the first year of this Agreement shall be $0.25 per ton plus applicable taxes and fees. The amount payable for municipal solid waste processed hereunder shall be rounded to the nearest whole cent. The price in subsequent years shall be adjusted by the inflationary index as published for the most recent preceding 12-month period. 3.93.93.93.9 Invoices, PaymentInvoices, PaymentInvoices, PaymentInvoices, Payment. Owner shall electronically record the total monthly municipal solid waste delivered for each monthly period from the Landfill scale records. Owner shall prepare and send to Contractor by the fifteenth (15th) day of each month an invoice which shall be accompanied by a report showing amounts of municipal solid waste delivered to the Processing Site. Contractor shall remit payment to Owner within thirty (30) days following receipt of Owner’s invoices, which payment date shall be identified on Owner’s invoices. 3.103.103.103.10 Revenue Sharing from Recyclables.Revenue Sharing from Recyclables.Revenue Sharing from Recyclables.Revenue Sharing from Recyclables. Provided that Owner provides Contractor with access to enough municipal solid waste to enable Contractor to extract recyclable materials for sale equal to at least eight thousand (8,000) tons per year, Owner shall share revenues from Contractor’s sale of all recyclable materials as follows: the parties shall divide all PET recyclable revenues received over $0.20 per pound and all metal recyclable revenues received over $0.35 per pound in the ration of seventy percent (70%) to the Contractor and thirty percent (30%) to the Owner. 3.113.113.113.11 LFG PurchaseLFG PurchaseLFG PurchaseLFG Purchase. Contractor proposes to purchase landfill gas (LFG) from the Owner on a BTU unit basis based on availability, energy need and costs. Pricing for LFG would be based on local natural gas rates as well as electric rates less any Contractor capital or operational costs for the gas to energy systems. Specific LFG volume and pricing will be mutually agreed upon after further analysis by the Contractor. 3.123.123.123.12 Scales Out of ServiceScales Out of ServiceScales Out of ServiceScales Out of Service. If, for any reason, the Landfill scales are out of service or out of repair so that the amount of municipal solid waste delivered and used by Contractor cannot be ascertained or determined from its readings, the amount of municipal solid waste delivered to Contractor during such period when the Landfill scales are out of service shall be determined by averaging truck weights as sent to the Processing Site for the prior three months and counting trucks. 3.133.133.133.13 Errors in BillingErrors in BillingErrors in BillingErrors in Billing. Should either party find at any time within one (1) year after the date of any invoice rendered by Owner that there has been an undercharge or an overcharge in the amount billed in the invoice, the party finding the error shall promptly notify the other party in writing. In the case of an undercharge, Owner shall submit a statement for such undercharge, and Contractor, upon verifying the same, shall pay such an amount within thirty (30) days after receipt of the statement but without interest. In the case of an overcharge, Owner, upon verifying the same, shall refund the amount of the overcharge to Contractor within thirty (30) days of notification by Contractor, but without interest. Neither Owner nor Contractor shall have any liability for any undercharge or overcharge relating to invoices over one year old. 3.143.143.143.14 Contractor Shall Not Sell the Municipal Solid Waste.Contractor Shall Not Sell the Municipal Solid Waste.Contractor Shall Not Sell the Municipal Solid Waste.Contractor Shall Not Sell the Municipal Solid Waste. Notwithstanding anything to the contrary set forth in this Agreement, Contractor agrees and covenants that it shall not sell, redirect, redeliver, transport or market the municipal solid waste, or any unprocessed portion thereof to any third party. Moreover, and without limiting the generality of the foregoing, Contractor represents and warrants that it shall process the municipal solid waste at the Processing Site. ARTICLE 4 ARTICLE 4 ARTICLE 4 ARTICLE 4 –––– LEASE OF PROCESSING SITELEASE OF PROCESSING SITELEASE OF PROCESSING SITELEASE OF PROCESSING SITE Owner desires to lease the Processing Site to Contractor, and Contractor desires to lease the Processing Site from Owner for the term, at the rental and upon the covenants, conditions and provisions herein set forth. 4.14.14.14.1 Processing Site Rental.Processing Site Rental.Processing Site Rental.Processing Site Rental. Contractor shall pay Owner for the use of the Processing Site for the installation and operation of the Processing System purpose, One Dollars ($1.00), payable in full upon execution of this agreement. 4.24.24.24.2 Lease Term. Lease Term. Lease Term. Lease Term. Owner hereby leases the Processing Site to Contractor, and Contractor hereby leases the same from Owner, for an "Initial Term" as specified in Section 5.1. Attachment number 1 \nPage 4 of 12 Item # 38 4.34.34.34.3 Sublease and Assignment. Sublease and Assignment. Sublease and Assignment. Sublease and Assignment. Contractor shall not sublease all or any part of the Processing Site, or assign this Lease in whole or in part without Owner's written consent. 4.44.44.44.4 Utilities. Utilities. Utilities. Utilities. Contractor shall pay all charges for water, sewer, gas, electricity, telephone and other services and utilities used by Contractor on the Leased Premises during the term of this Lease unless otherwise expressly agreed in writing by Owner. In the event that any utility or service provided to the Leased Premises is not separately metered, Owner shall pay the amount due and separately invoice Contractor for Contractor's pro rata share of the charges. Contractor shall pay such amounts within fifteen (15) days of invoice. Contractor shall coordinate (and be responsible for) all utility upgrades as may be required to service Contractor’s Equipment and Processing System. 4.54.54.54.5 Inspection of Processing Site.Inspection of Processing Site.Inspection of Processing Site.Inspection of Processing Site. Contractor and its agents and representatives shall have the right to enter upon the Processing Site at reasonable times after the execution of this Agreement for the purpose of inspecting the Processing Site, including inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Contractor shall consider appropriate and shall have the further right to make such inquiries of governmental agencies and utility companies, etc., and to make such feasibility studies and analyses as it considers appropriate (collectively, the “Inspections”). Contractor shall provide copies of the reports and results of its Inspections to Owner. Contractor shall conduct all Inspections at Contractor’s sole expense. Contractor shall provide evidence of a commercially reasonable policy of general liability insurance to Seller prior to entering the Processing Site. 4.64.64.64.6 Conditions Precedent to Contractor’s Obligation to Lease Processing SiteConditions Precedent to Contractor’s Obligation to Lease Processing SiteConditions Precedent to Contractor’s Obligation to Lease Processing SiteConditions Precedent to Contractor’s Obligation to Lease Processing Site. Contractor’s obligation to lease the Processing Site and to perform all other obligations of Contractor under the terms and conditions of this Agreement are subject to fulfillment of the following “Conditions Precedent” on or before ninety (90) days after the execution of the Agreement: (a) The completion of waste study by an independent third party at Contractor’s sole expense to confirm that the volume of plastic and metal found in MSW currently being accepted at the Landfill is not materially lower in quantity than the volume of plastic and metals reflected in the Owner previous waste study conducted displayed in the RFP documents. (b) Satisfactory completion of the Inspections by Contractor to confirm that the Processing Site is an appropriate location for Contractor to operate a Processing Facility (c) Satisfactory ALTA/ACSM survey of the Processing Site and any improvements (the “Survey”); (d) Satisfactory environmental reports and condition, including a Phase I report; (e) Satisfactory soil borings to confirm geotechnical characteristics of the Processing Site; (f) Satisfactory cross access and other appropriate easements; Additionally, the obligations of Contractor under this Agreement are subject to fulfillment of the following “ Additional Condition Precedent” on or before one hundred eighty (180) days after the execution of this Agreement: Contractor shall have entered into agreements and received permits and all other necessary governmental authorizations on terms and conditions acceptable to Contractor, in Contractor's sole discretion, that shall: (i) enable Contractor to accept delivery of municipal solid waste from Owner and process it in accordance with Contractor business model so as to be able to operate a plastic to syncrude facility on the Processing Site; and (ii) enable Contractor to finance, build and operate the Processing Facility. Contractor shall have the option to extend the contingency period with respect to the Additional Condition Precedent for two (2) ninety (90) days periods (each an “Extension Option”). An Extension Option shall be exercised, if at all, by delivery to Owner of written notice no later than the date of the then expiring contingency period together with copies of applications delivered to applicable regulatory agencies and delivery to the Owner of Ten Thousand and no/100 ($10,000.00) (each an “Extension Fee”) per Extension Option. Each Extension Fee shall be nonrefundable by Owner and become part of this Agreement. Contractor may acknowledge satisfaction or waiver of the foregoing Conditions Precedent and the Additional Condition Precedent, only by delivering written notice of satisfaction or waiver to Owner. If Contractor does not acknowledge in writing the satisfaction of the foregoing Conditions Precedent and Additional Condition Precedent (or otherwise waive the same in writing) on or before the applicable contingency date, this Agreement shall automatically be deemed to be terminated, without action required of either party, any Extension Fee which shall have been paid will be retained by Owner, and Contractor and Owner shall thereafter be released from any liability or obligation hereunder. In the event this Agreement is allowed to expire Attachment number 1 \nPage 5 of 12 Item # 38 in accordance with this Section 4.6, the parties shall acknowledge such expiration and termination in a commercially reasonable writing mutually acceptable to both parties, upon the request of either party. ARTICLE 5ARTICLE 5ARTICLE 5ARTICLE 5————TERM, TERMINATION, AND DEFAULTSTERM, TERMINATION, AND DEFAULTSTERM, TERMINATION, AND DEFAULTSTERM, TERMINATION, AND DEFAULTS 5.15.15.15.1 Term. Term. Term. Term. Subject to the other provisions contained herein, this Agreement shall become effective on the date of execution and shall continue in effect for a period of ten (10) years beginning on the date of operations of the Processing System. No later than twelve (12) months prior to expiration of this Agreement, Contractor can give written notice to Owner that it wishes to extend the term of this Agreement for additional five (5) year terms beyond the initial ten (10) year term. Any extension to the initial term or additional terms shall be by mutual agreement between both Owner and the Contractor. 5.25.25.25.2 Owner’s Right to Terminate. Owner’s Right to Terminate. Owner’s Right to Terminate. Owner’s Right to Terminate. Owner shall have the right to terminate this Agreement by written notice to Contractor submitted not later than thirty (30) days following the occurrence of any of the following: (a) Should Contractor fail to make any payment required under this Agreement within thirty (30) Days after receipt of a written notice from Owner to Contractor that such payment is at least ten (10) days overdue. (b) Should Contractor commit a material breach of this Agreement and such breach remains uncured for thirty (30) days following written notice of such breach from Owner. (c) Should Contractor fail to perform its obligations under this Agreement due to an event of Force Majeure that lasts longer than six (6) months. (d) Should any involuntary proceeding be initiated against Contractor under the bankruptcy or insolvency laws, which involuntary proceeding remains undismissed for thirty (30) consecutive days, or in the event of the initiation by Contractor of a voluntary proceeding under the bankruptcy or insolvency laws. (e) Notwithstanding anything set forth in this Agreement to the contrary, Owner’s right to terminate pursuant to the terms of this Section 5.2 shall be in addition to any other damages that Owner is entitled to under this Agreement and is not an express limitation of damages related to Contractor’s default or failure to perform its obligations under this Agreement. 5.35.35.35.3 Contractor’s Right to Terminate. Contractor’s Right to Terminate. Contractor’s Right to Terminate. Contractor’s Right to Terminate. Contractor shall have the right to terminate this Agreement by written notice to Owner, submitted no later than thirty (30) days following the occurrence of the following: (a) Should Owner commit a material breach of this Agreement and such breach remains uncured for thirty (30) days following written notice of such breach from Contractor. (b) Should Owner fail to perform its obligations under this Agreement due to an event of Force Majeure that lasts longer than six (6) months. (c) Should any involuntary proceeding be initiated against Owner under the bankruptcy or insolvency laws, which involuntary proceeding remains undismissed for thirty (30) consecutive days, or in the event of the initiation by Owner of a voluntary proceeding under the bankruptcy or insolvency laws. 5.45.45.45.4 Permanent Improvements. Permanent Improvements. Permanent Improvements. Permanent Improvements. Should this Agreement be terminated, all processing equipment installed within the permanent building shall remain the possession of the Contractor and shall be removed within 180 days. Any equipment to be removed from the site by the Contractor shall be done in such a manner that it does not damage the integrity of the permanent building or any other surrounding structures. Contractor shall give the Owner first right of refusal for purchase of the permanent building and if not excercised, such permanent building shall be removed by the Contractor within 180 days at no cost to the City. 5.55.55.55.5 Effect of Termination.Effect of Termination.Effect of Termination.Effect of Termination. Any provision of this Agreement which specifically states it survives the termination of this Agreement, shall survive any termination of this Agreement; provided, that nothing herein shall relieve any Party from liability for the willful breach of any of its representations, warranties, covenants or agreements set forth in this Agreement. ARTICLE 6ARTICLE 6ARTICLE 6ARTICLE 6————ENVIRONMENTAL ATTRIBUTESENVIRONMENTAL ATTRIBUTESENVIRONMENTAL ATTRIBUTESENVIRONMENTAL ATTRIBUTES Attachment number 1 \nPage 6 of 12 Item # 38 6.16.16.16.1 Destruction of Landfill Methane. Destruction of Landfill Methane. Destruction of Landfill Methane. Destruction of Landfill Methane. Owner retains one hundred percent (100%) of any and all Environmental Attributes associated with the LFG whether this LFG is sold to Contractor, flared at the Landfill, or otherwise destroyed, including, without limitation, any Environmental Attributes attributable to the generation, destruction, purchase, sale, or use of LFG from the Landfill. 6.26.26.26.2 Responsibility and Cooperation. Responsibility and Cooperation. Responsibility and Cooperation. Responsibility and Cooperation. The parties agree that the responsibility to apply for, qualify for and obtain any emission credits, tax credits, offsets, demonstrations of regulatory compliance and other rights is the responsibility of Owner and Owner shall be wholly responsible for the costs associated therewith. The parties agree to cooperate with each other in providing information and other reasonable cooperation as needed to secure these credits, offsets, and other rights with respect to Article 6 of this Agreement. 6.36.36.36.3 No Representation. No Representation. No Representation. No Representation. The parties agree that the existence of these credits, offsets, and other rights is beyond their individual control and are matters defined in the market place and at law. No representation is made herein by either party that such credits, offsets, and other rights exist, will continue to exist, or have monetary value. ARTICLE 7ARTICLE 7ARTICLE 7ARTICLE 7————COORDINATION OF INTERRUPTIONSCOORDINATION OF INTERRUPTIONSCOORDINATION OF INTERRUPTIONSCOORDINATION OF INTERRUPTIONS 7.17.17.17.1 Scheduled Interruption.Scheduled Interruption.Scheduled Interruption.Scheduled Interruption. Contractor and Owner shall coordinate timing of any Scheduled Interruption of their respective systems in order to minimize overall project downtime. Notice of a Scheduled Interruption by either Contractor or Owner shall be given to the other party as soon as practicable and not less than 3 days prior to occurrence of the Scheduled Interruption. Notice shall include the reason for and expected duration of the Scheduled Interruption. 7.27.27.27.2 Unscheduled InterruptionUnscheduled InterruptionUnscheduled InterruptionUnscheduled Interruption. In the event that an Unscheduled Interruption occurs on either Contractor's or Owner's system, notice of the Unscheduled Interruption including the cause and estimated duration of the Unscheduled Interruption shall be given to the other party as soon as practicable and not more than 4 hours following the occurrence of the Unscheduled Interruption. Notice shall also be given to the other party as soon as the Unscheduled Interruption has been remedied and regular delivery of municipal solid waste can resume. ARTICLE 8ARTICLE 8ARTICLE 8ARTICLE 8————TAXESTAXESTAXESTAXES 8.18.18.18.1 Taxes.Taxes.Taxes.Taxes. (a) Contractor shall retain the rights to any tax credits related to the Processing Equipment and other construction costs. (b) The Contractor shall pay all sales, consumer, use and other similar taxes required by the law of the place where the Work is performed. The Owner will be responsible for any sales or use tax due on materials furnished by the Owner to the Contractor to be incorporated into the Work. ARTICLE 9ARTICLE 9ARTICLE 9ARTICLE 9————REPRESENTATIONS AND WARRANTIESREPRESENTATIONS AND WARRANTIESREPRESENTATIONS AND WARRANTIESREPRESENTATIONS AND WARRANTIES 9.19.19.19.1 Representations and Warranties of Owner. Representations and Warranties of Owner. Representations and Warranties of Owner. Representations and Warranties of Owner. Owner represents and warrants that: (a) This Agreement has been duly authorized by all necessary persons and bodies and Owner has full power and authority to enter into this Agreement and perform its obligations hereunder. (b) Owner is not a party to any litigation, or subject to any judgment, order, or decree, or party to any other contract, which would materially affect its performance of its obligation under this Agreement. (c) The Owner agrees that, during the Term of this Agreement, it shall not take any intentional action to divert the volume of municipal solid waste received by the Landfill in order to achieve the Baseline Quantity that is to be made available to Contractor at the Processing Site, to some other site, it being understood that any action taken by the Owner to encourage recycling or reduction of waste generally, including but not limited to curbside, commercial and multi- housing recycling programs, organic management programs and product stewardship initiatives, shall not be deemed to be in any way a violation of the provisions of this Agreement. 9.29.29.29.2 Representations and Warranties of Contractor. Representations and Warranties of Contractor. Representations and Warranties of Contractor. Representations and Warranties of Contractor. Contractor represents and warrants that: (a) Contractor has done its due diligence and agrees that the municipal solid waste delivered to Processing System will be acceptable for use in its Processing System. Contractor shall be Attachment number 1 \nPage 7 of 12 Item # 38 solely responsible for all compliance with all Legal Requirements after the municipal solid waste is delivered to the Processing Site, and shall hold Owner harmless from and against all claims, suits, actions, damages, losses, costs, and expenses of every kind and character arising from each and every claim of any and all persons against the municipal solid waste after its delivery to the Processing Site. (b) This Agreement has been duly authorized and Contractor has full power and authority to enter into this Agreement and perform its obligations hereunder. (c) Contractor is not a party to any litigation, or subject to any judgment, order, or decree, or party to any other contract, which would materially affect its performance of its obligations under this Agreement. 9.39.39.39.3 Disclaimer of Warranties. Disclaimer of Warranties. Disclaimer of Warranties. Disclaimer of Warranties. Notwithstanding anything to the contrary set forth in this Agreement, Contractor accepts the condition of the Landfill and the municipal solid waste “AS IS, WHERE IS, WITH ALL FAULTS”, and Contractor acknowledges that Owner has not made and does not hereby make, and specifically disclaims, any representations, guarantees, promises, covenants, agreements or warranties of any kind or nature whatsoever (except for those specifically set forth in Section 9.1 hereof), whether past, present or future, oral or written, expressed or implied, including any representation or warranty with respect to merchantability, fitness for a particular purpose, conformity to models or samples, concerning the condition, or quality of the Landfill or the municipal solid waste and their fitness for any particular use, purpose, business or activity contemplated, intended or ongoing, including Contractor’s purposes under this Agreement or the quantity or quality of municipal solid waste at any time. Contractor waives any claim it may have against Owner based on the actual content or characteristics of municipal solid waste sold and purchased hereunder. ARTICLE 10ARTICLE 10ARTICLE 10ARTICLE 10————FORCE MAJEUREFORCE MAJEUREFORCE MAJEUREFORCE MAJEURE 10.110.110.110.1 Force MajeureForce MajeureForce MajeureForce Majeure. If Contractor or Owner is rendered unable, wholly or in part, by an event of Force Majeure to carry out its obligations under this Agreement, other than to make a payment for amounts accrued, such Party shall give to the other Party prompt written notice of the event of Force Majeure with a detailed description of the events or circumstances that constitute such Force Majeure, including the nature of the occurrence and its expected duration, and continue to furnish timely regular reports with respect thereto during the period of Force Majeure; thereupon, the obligations of the Party giving the notice so far as they are affected by the Force Majeure shall be suspended during the continuance of the event (other than accrued obligations to make payments); provided that the suspension of performance is of no greater scope and of no longer duration than is required by the Force Majeure. A Party whose performance is affected by an event of Force Majeure shall use best efforts to remove the event of Force Majeure as quickly as practicable. No Force Majeure event shall extend this Agreement beyond its stated term. 10.210.210.210.2 Strikes and LockoutsStrikes and LockoutsStrikes and LockoutsStrikes and Lockouts. It is understood and agreed that the settlement of strikes or lockouts shall be entirely within the discretion of the party experiencing the strike or lockout or having the difficulty, and that the foregoing requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding to the demands of the opposing party when such course is inadvisable in the discretion of the party having the difficulty. ARTICLE 11ARTICLE 11ARTICLE 11ARTICLE 11————INDEMNITYINDEMNITYINDEMNITYINDEMNITY 11.111.111.111.1 Contractor’s Environmental IndemnityContractor’s Environmental IndemnityContractor’s Environmental IndemnityContractor’s Environmental Indemnity. Contractor agrees to indemnify and hold Owner, its agents, contractors, subcontractors, employees, or invitees harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities, or losses arising from or due to the presence of Hazardous Materials on Contractor’s Processing Site either existing at the time of or which may have been brought to its property after the execution of this Agreement, provided that Contractor shall have no obligation under this Article for Hazardous Materials which are introduced to or released on Contractor’s Processing Site by Owner, its agents, contractors, subcontractors, employees, or invitees. 11.211.211.211.2 Contractor’s Indemnity. Contractor’s Indemnity. Contractor’s Indemnity. Contractor’s Indemnity. Contractor shall indemnify, defend, and hold harmless Owner from and against any claims, loss, damage, liabilities, fines, penalties, cost, and expense, including court costs and reasonable attorneys’ fees, incurred or suffered by Owner: (a) To the extent relating to the municipal solid waste while in Contractor’s control or possession. Attachment number 1 \nPage 8 of 12 Item # 38 (b) For personal injury, death, or property damage caused by Contractor or its agents’ negligent acts or omissions arising from or relating to this Agreement. (c) Arising from claims or liens for labor performed or materials furnished for Contractor’s Facility or relating to Contractor’s Equipment. 11.311.311.311.3 Limitation of Liability. Limitation of Liability. Limitation of Liability. Limitation of Liability. Notwithstanding any other term of this Agreement to the contrary, in no event shall either party be liable to the other for any indirect, special, incidental, or consequential loss or damage of any type, including, but not limited to lost profits and damage to goodwill or reputation with respect to any claim, whether based on contract, tort (including negligence), warranty, strict liability, implied warranty, or otherwise. ARTICLE 12ARTICLE 12ARTICLE 12ARTICLE 12————INSURANCEINSURANCEINSURANCEINSURANCE 12.112.112.112.1 Contractor’s Insurance.Contractor’s Insurance.Contractor’s Insurance.Contractor’s Insurance. Contractor shall at all times carry and maintain, at its own expense, the minimum insurance coverage set forth in this Section12.1. The terms and conditions of such insurance policies (including the amount, scope of coverage, deductibles and self-insured retentions) shall be commercially reasonable shall carry and maintain the following insurance policies: Coverage shall be on an occurrence basis (a)(a)(a)(a) Commercial GL: no less than $1,000,000. (b)(b)(b)(b) Auto Liability – single limit: no less than $ 1,000,000, Including coverage for owned, non- owned and hired vehicles for both bodily Injury and property damage (c)(c)(c)(c) Property/Machinery Breakdown “all risk” insurance for replacement cost for Processing Plant and all equipment include business interruption coverage. (d)(d)(d)(d) Pollution Liability Coverage: no less than $ 2,000,000 (e)(e)(e)(e) Umbrella Liability Coverage: no less than $ 10,000,000 Excess of primary coverages (f)(f)(f)(f) Worker’s Compensation Statutory Limits and $ 1,000,000 Employer Liability. ARTICLE 13ARTICLE 13ARTICLE 13ARTICLE 13————MISCELLMISCELLMISCELLMISCELLANEOUS PROVISIONSANEOUS PROVISIONSANEOUS PROVISIONSANEOUS PROVISIONS 13.113.113.113.1 Assignability. Assignability. Assignability. Assignability. Except as otherwise provided, neither party may at any time transfer, assign, or delegate its rights or duties under this Agreement without the express prior written consent of the other party, which shall not be unreasonably withheld; and the terms of this Agreement shall be binding on and inure to the benefit of the successors and assigns of the parties. Any attempted assignment in violation of this Section 13.1 shall be null and void. 13.213.213.213.2 Severability and NonSeverability and NonSeverability and NonSeverability and Non----Waiver. Waiver. Waiver. Waiver. In the event any sentence or section of this Agreement is declared by a court of competent jurisdiction to be void, such sentence or section shall be deemed severed from the remainder of this Agreement, and the balance of this Agreement shall remain in effect. Either party’s waiver of any breach, or failure to enforce any of the terms and conditions of this Agreement, shall not in any way affect, limit, or waive such party’s right thereafter to enforce and compel compliance with every term and condition of this Agreement or to terminate this Agreement for breach. 13.313.313.313.3 Patents: Patents: Patents: Patents: (a) The Contractor shall hold and save the Owner, the Engineer and their agents harmless from liability of any kind, including cost and expenses, reasonable attorney's fees, for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Work, including its use by the Contractor. (b) If the Contractor uses any design, process, device or materials covered by letters, trademarks, patent or copyright, the Contractor shall provide for such use by suitable agreement between the Contractor and the holder of such patented or copyrighted design, device or material. The Contract prices shall include royalties or costs arising from the use of such design, device or materials, in any way involved in the Work. The Contractor and the Contractor's sureties shall indemnify and save harmless the Owner, the Engineer and their agents from claims for infringement by reason of the use of such patented or copyrighted design, process, device or materials or any trademark or copyright in connection with Work agreed to be performed under this Contract, and shall indemnify the Owner, the Engineer and their agents for any cost, expense, Attachment number 1 \nPage 9 of 12 Item # 38 damage and reasonable attorney's fees which it may be obliged to pay by reason of such infringement, at any time during the prosecution of the Work or after completion of the Work. 13.413.413.413.4 Rights and Remedies. Rights and Remedies. Rights and Remedies. Rights and Remedies. In the event of a material breach of this Agreement by either party, the non- breaching party shall have the right to non-binding arbitration in efforts of resolving the breach. If non- binding arbitration is not successful, the non-breaching party shall have all rights and remedies available under the laws of the State of Georgia. All claims, disputes and other matter in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Augusta and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. 13.513.513.513.5 Notices. Notices. Notices. Notices. Any notice which is permitted or required under this Agreement shall be duly given if in writing and either delivered personally to the person whom it is required to be given or sent registered or certified mail, return receipt requested, postage prepaid as follows: If to Contractor:If to Contractor:If to Contractor:If to Contractor: Rational Energies, Inc. 12200 Middleset Road, Suite 300 Eden Prairie, MN 55344 If to Owner:If to Owner:If to Owner:If to Owner: Augusta, Georgia Environmental Services Department 4330 Deans Bridge Road Blythe, Georgia 30805 Augusta, Georgia Administrator 530 Greene Street Augusta, Georgia 30901 Each Party shall have the right, from time to time, to designate a different address by notice given in conformity with this Section. 13.613.613.613.6 Access.Access.Access.Access. Upon reasonable advance notice not less than 24 hours, each party agrees to provide the other, and its agents, representatives, and contractors with access to its property and equipment during normal business hours (not including nights, weekends, and holidays) for the purpose of inspection and carrying out its rights and obligations under this Agreement. While on Contractor’s property, Owner, its agents, and contractors shall at all times conduct themselves in a safe and prudent manner. While on Owner’s property, Contractor, it agents, and contractors shall at all times conduct themselves in a safe and prudent manner. 13.713.713.713.7 Counterparts. Counterparts. Counterparts. Counterparts. This Agreement may be executed in several counterparts, and as executed shall constitute one agreement binding on all of the parties hereto. 13.813.813.813.8 Captions.Captions.Captions.Captions. Captions in this Agreement are solely for the convenience of the parties and are not part of the Agreement, and shall not be used for the interpretation or determination of the validity of the Agreement or any provision thereof. 13.913.913.913.9 EnEnEnEntire Agreement.tire Agreement.tire Agreement.tire Agreement. This Agreement, inclusive of all Exhibits attached hereto, constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all previous written and oral negotiations, commitments, proposals and writings. 13.1013.1013.1013.10 Governing Law.Governing Law.Governing Law.Governing Law. This Agreement shall be governed by the substantive laws of the State of Georgia without reference to its conflicts of law provisions. 13.1113.1113.1113.11 Amendments.Amendments.Amendments.Amendments. This Agreement and any part thereof may be amended at any time by mutual agreement of the parties; however, no modifications, alteration, amendment, or revision of this Agreement shall be binding upon either party unless executed in writing by the party to be bound. 13.1213.1213.1213.12 Independent Contractors.Independent Contractors.Independent Contractors.Independent Contractors. Owner and Contractor are independent contractors. Neither party is or shall be deemed an agent, servant, or employee of or a joint venture with the other party, and neither party shall have the authority to incur debts or liabilities in the name of the other or otherwise bind the other party to any contract, debt, or other obligation. Attachment number 1 \nPage 10 of 12 Item # 38 13.1313.1313.1313.13 Educational Considerations.Educational Considerations.Educational Considerations.Educational Considerations. Contractor agrees to participate in internship programs with local Universities including the placement of at least two interns annually. Selection of interns will be done in partnership with the Owner as well as the participating University. Additionally, Contractor agrees to work with the Owner on providing facility tours to groups of interested parties. Attachment number 1 \nPage 11 of 12 Item # 38 IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. RATIONAL ENERGIES, INC. AUGUSTA, GEORGIA By: By: Printed Name: Printed Name: Title: Title: ATTEST: By: Printed Name: Title: Attachment number 1 \nPage 12 of 12 Item # 38 PDFConvert.21643.1.ARC_Revenue_Share Based on Current Volumes 10/25/2012 Volumes Based on Augusta Waste Study Assumptions MSW TPD 1,000 Days of Operation 260 Annual Tons 260,000 Current High % Capture Rate Tons Lbs Price Revenue Price Revenue UBCs 0.60% 85.00% 1,326 2,652,000 0.81$ 2,148,120 0.91$ 2,413,320 Non-Ferrous 0.70% 85.00% 1,547 3,094,000 0.32$ 990,080 0.78$ 2,413,320 Ferrous 1.20% 85.00% 2,652 5,304,000 0.18$ 954,720 0.25$ 1,326,000 PET 1.80% 85.00% 3,978 7,956,000 0.19$ 1,511,640 0.37$ 2,943,720 Waste Plastic 13.30% 85.00% 29,393 58,786,000 -$ - -$ - Total Removal 17.60% 38,896 77,792,000 5,604,560 9,096,360 Saleable Pounds 9,503 19,006,000 0.29$ 5,604,560 0.48$ 9,096,360 Revenue Share Metals Revenue 0.37$ 4,092,920 0.56$ 6,152,640 Amount > $.35/lb 0.02$ 225,420 0.21$ 2,285,140 Pet Revenue 0.19$ 1,511,640 0.37$ 2,943,720 Amount > $0.20/lb -$ - 0.17$ 1,352,520 Augusta Share @ Current Volume (a)67,626 1,091,298 a. Volume threshold to begin revenue share is 8,000 annual tons of saleable commodities. Augusta Financial Benefit Current High Prices Rent annually 1 1 Landfill Space @ $24.50 Ton 955,500 1,306,500 Landfill Gas TBD TBD Revenue Share 67,626 1,091,298 Total ARC Benefit 1,023,127 2,397,799 At t a c h m e n t n u m b e r 2 \ n P a g e 1 o f 1 It e m # 3 8 CORRECTED COPY Request for Proposal Request for Proposals will be received at this office until Tuesday, July 3, 2012 @ 11:00 a.m. for furnishing: RFP Item #12-167 Waste Diversion Renewable Energy Program for Environmental Services Department RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Proposal Conference will be held on Friday, June 15, 2012 @ 10:00 a.m. A mandatory site visit will follow. 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, June 19, 2012 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP 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 RFP number on the outside of the envelope. Bidders are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP 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 Publish: Augusta Chronicle May 24, 31, June 7, 14, 2012 Metro Courier May 30, 2012 cc: Tameka Allen Deputy Administrator Mark Johnson Environmental Services Lori Videtto Environmental Services Revised: 8/15/2011 Attachment number 3 \nPage 1 of 1 Item # 38 Evaluation Criteria PTS Rational Energies 12200 Middleset Road Ste 300 Eden Prairie, MN 55344 1. Diversion Rates 35 25 2. Proposer’s Experience and Qualifications 30 20 3. LFG Utilization 15 10 4. Schedule 5 5 5. Contract Terms 5 4 6. Education Benefits to the City 10 8 TOTAL 100 72 Cumulative Evaluation Sheet RFP Item #12-167 Waste Diversion Renewable Energy Program for Augusta, Georgia – Environmental Services Department Comments: Attachment number 4 \nPage 1 of 1 Item # 38 Attachment number 5 \nPage 1 of 1 Item # 38 Attachment number 6 \nPage 1 of 3 Item # 38 Attachment number 6 \nPage 2 of 3 Item # 38 Attachment number 6 \nPage 3 of 3 Item # 38 Attachment number 7 \nPage 1 of 5 Item # 38 Attachment number 7 \nPage 2 of 5 Item # 38 Attachment number 7 \nPage 3 of 5 Item # 38 Attachment number 7 \nPage 4 of 5 Item # 38 Attachment number 7 \nPage 5 of 5 Item # 38 Attachment number 8 \nPage 1 of 2 Item # 38 Attachment number 8 \nPage 2 of 2 Item # 38 VENDORS Attachment B E-Verify # Addendums 1 & 2 $10,000.00 Bond Original 7 Copies Fee Rational Energies 12200 Middleset Road Ste 300 Eden Prairie, MN 55344 YES 574487 YES YES YES YES YES Waste Management 3303 North Glenn Avenue Winston Salem, NC 27105 Ameresco 3525 Piedmont Road Bldg 7 Ste 300 Atlanta, GA 30305 DID NOT ATTEND SITE VISIT RFP Opening RFP Item #12-167 Waste Diversion Renewable Energy Program for Augusta, Georgia – Environmental Services Department RFP Due: Tuesday, July 3, 2012 @ 11:00 a.m. SUBMITTED NO BID RESPONSE The following vendors did not respond: Oasis Energy LLC / 45 Woodstock Street / Roswell, GA 30075 Ryan Companies US, Inc / 50 South Tenth Street Suite 300 / Minneapolis, MN 55403 Page 1 of 1 At t a c h m e n t n u m b e r 9 \ n P a g e 1 o f 1 It e m # 3 8 Commission Meeting Agenda 8/6/2013 5:00 PM Award Asphalt Patch Repair, Concrete Curb and Sidewalk Replacement (Bid Item 13-114) Department:Augusta Utilities Department Caption:Motion to approve funding to Harris Construction in the amount of $94,933.75 for the costs associated with performing the requirements to provide asphalt pavement patch repairs, concrete curb and sidewalk replacement for various Augusta Utilities Projects.(Approved by Engineering Services Committee July 29, 2013) Background:The Augusta Utilities Department issued a request for sealed bids for Bid Item 13-114 for qualified companies to perform the required tasks related to providing asphalt pavement patch repair, concrete curb & sidewalk replacement in association with AUD projects. These services will be required for one year with the option to renew for an additional year. Blair Construction, Inc., GA-Carolina Paving, Beam's Contracting, Sitec LLC, Harris Construction, and Horizon Construction submitted bids and were evaluated. Beam's Construction provided the lowest bid at $94,933.75. The lowest bidder is located outside of the City of Augusta in Beech Island, SC. Due to Harris Construction's bid coming in within 10% of the lowest bid, Harris Construction elected to take advantage of the Local Vendor Preference Policy and matched the lowest bid. As a result, Harris Construction revised their original bid from $103,725 to $94,933.75 Based on the evaluation results Harris Construction was chosen. Analysis:The pricing for services by Harris Construction were found to be competitive with similar firms in the area and therefore have been selected for this contract. Financial Impact:The amount submitted for the execution of this project was $94,933.75. These funds are available from the following account: 506043410-5311912. Alternatives:Reject the chosen bid which would delay the construction of various AUD projects. Cover Memo Item # 39 Recommendation:It is recommended that the construction contract for the Asphalt Patch Repair, Concrete Curb and Sidewalk Replacement services be approved for $94,933.75 and awarded to Harris Construction. Funds are Available in the Following Accounts: $94,933.75 from account 506043410-5311912. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 39 Attachment number 1 \nPage 1 of 1 Item # 39 VENDORS Attachment B E-Verify # Addendum 1-2 SAVE Form Asphalt 2" Total Price Curb & Gut Total Price Con Side 4 Total Price Gra Agg Ba Total Price Saw Cutt Total Price Total Blair Construction P. O. Box 770 Evans, GA 30809 Yes 224004 Yes Yes $127,050.00 $16,500.00 $3,080.00 $21,120.00 $275.00 $168,025.00 GA-Carolina Paving 1920 Milledgeville Rd. Augusta, GA 30904 Yes 100183 Yes Yes $148,750.00 /$42.50 $3400.00 /$17.00 $800.00 /$4.00 $4400.00 /$22.00 $650.00 /$26.00 $158,000.00 Bell Construction 604 Brunswick Ave. Augusta, GA 30901 J & B Construction 3550 Gordon Highway Grovetown, GA 30813 Beam's Contracting 15030 Atomic Rd Beech Island, SC 29842 Yes 167300 Yes Yes $80,665.00 $4,070.00 $1,200.00 $8,920.00 $78.75 $94,933.75 Sitec LLC 217 Fairfield St., NE Aiken, SC 29801 Yes 212379 Yes Yes $70,875.00 $13,122.00 $3,240.00 $11,664.00 $405.00 $99,306.00 Contract Management 1827 Killingsworth Rd Augusta, GA 30904 Blounts Complete Ho 2907C Tobacco Rd Hephzibah, GA 30815 MLTO, Inc 533 Boiling Springs Barnwell, SC 29847 Harris Construction P. O. Box 14311 Augusta, GA 30909 Yes 262252 Yes Yes $93,625.00 $4,800.00 $1,600.00 $3,200.00 $500.00 $103,725.00 ATK Paving, Inc 50-B Telfair Place Savannah, GA 31415 LATE Non- Compliant Non- Compliant Non- Compliant Non- Compliant Non- Compliant Non- Compliant Horizon Construction P. O. Box 798 Evans, GA 30809 Yes HHEI 4748 No Yes Non- Compliant Non- Compliant Non- Compliant Non- Compliant Non- Compliant Non- Compliant Bid Opening Bid Item #13-114 Asphalt Patch Repair, Concrete Curb & Sidewalk Replacement for Augusta, Georgia - Utilities Department Bid Due: Thursday, April 18, 2013 @ 3:00 p.m. Page 1 of 1 Attachment number 2 \nPage 1 of 1 Item # 39 Attachment number 3 \nPage 1 of 1 Item # 39 Correction Invitation to Bid Sealed bids will be received at this office on Thursday, April 18, 2013 @ 3:00 p.m. for furnishing: Bid Item 13-114 Asphalt Patch Repair, Concrete Curb & Sidewalk Replacement for 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 Thursday, March 28, 2013 @ 2:00 p.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 Monday, April 1, 2013 @ 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 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 March 7, 14, 21, 28, 2013 Metro Courier March 13, 2013 Revised: 8/15/2011 Attachment number 4 \nPage 1 of 1 Item # 39 Attachment number 5 \nPage 1 of 3 Item # 39 Attachment number 5 \nPage 2 of 3 Item # 39 Attachment number 5 \nPage 3 of 3 Item # 39 Attachment number 6 \nPage 1 of 1 Item # 39 Commission Meeting Agenda 8/6/2013 5:00 PM Berckmans Road Widening, Realignment, and Bridge Replacement Project, SA1/CO1 Department:Abie Ladson, PE Director Caption:Motion to approve funding for the final phase of the Design Consultant Services Agreement to Pond and Company, CPB (328- 041110-211828701,211828704) Change Number One and Supplemental Agreement Number One on the Berckmans Road Widening, Realignment and Bridge Replacement Project in the amount of $787,933.40. Project to be funded from SPLOST Phase VI. (Approved by Engineering Services Committee July 29, 2013) Background:Design for the Berckmans Road Widening, Realignment and Bridge Replacement Project was voted for and funded through SPLOST VI. Berckmans Road in combination with Highland Avenue and Wheeless Road provides the only continuous north- south connection between south Augusta and Washington Road. Subsequently, between Wheeler Road and Washington Road, Berckmans Road has an average daily traffic volume in excess of 12,000 vehicles per day. Moreover, the widening of Alexander Drive and the projected growth for the Villages at Riverwatch makes the maintenance of this route pertinent to the regional mobility of the area. Currently, Berckmans Road terminates at its intersection with Washington Road making it necessary for travelers who wish to accessthe commercial developments on Riverwatch Parkway to turn left onto Washington Road and then a right-turn onto Alexander Drive and vice versa resulting in inefficiency not only in this route but along Washington Road as well due to the fact that so much of the signal’s “green” time is used to address left-turns movements could be used more efficiently for other movements. Therefore, the purpose of this project is to realign Berckmans Road between Ingleside Drive and Washington Road and align it with Alexander Drive. This will provide a more efficient north-south connection between south Augusta and Riverwatch Parkway as well as improve progression along Washington Road. In August 2011, a request for Qualifications was released for qualified firms to provide design services for this project with Pond and Company being the selected firm. In February 2012, commission approved the initial design phases of the project that included concept Cover Memo Item # 40 development and public involvement. The purpose of this item is to move the project forward from concept to detailed final design Analysis:In February 2012, commission approved the initial design phases of the project that included concept development, survey, environmental documentation and public involvement. The purpose of this item is to move the project from concept to final design and keep it moving forward. Financial Impact:Funds are available in SPLOST Phase VI Alternatives:1) Approve funding for the final design phases of the Design Consultant Services Agreement with Pond and Company CPB (328-041110-211828701 and 211828704) Change Number One and Supplemental Agreement Number One on the Berckmans Road Widening, Realignment, and Bridge Replacement Project in the amount of $787,933.40. Project to be funded from SPLOST Phase VI. 2) Do not approve and not allow project to move forward Recommendation:Approve alternative number one Funds are Available in the Following Accounts: SPLOST VI REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 40 (SA02 – For changes greater than $20,000) February 2011 January 2001 AUGUSTA, GEORGIA ENGINEERING DEPARTMENT SUPPLEMENTAL AGREEMENT WHEREAS, We, Pond and Company, entered into a contract with Augusta-Richmond County on February 7, 2012, for Engineering Design Services for Berckmans Road Widening, Realignment and Bridge Replacement Project, File Reference No. 11-014 (A), and WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit: Engineering services to consist of final design and construction documents It is agreed that as a result of the above described modification the contract amount is increased by $787,933.40 from $351,451.22 to a new total of $1,139,384.62. Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no way modifies or changes the original contract of which it becomes a part, except as specifically stated herein. NOW, THEREFORE, We, Pond and Company, hereby agree to said Supplemental Agreement consisting of the above mentioned items and prices, and agree that this Supplemental Agreement is hereby made a part of the original contract to be performed under the specifications thereof, and that the original contract is in full force and effect, except insofar as it might be modified by this Supplemental Agreement. This _________ day of _____________, 2013. RECOMMEND FOR APPROVAL: CITY OF AUGUSTA-RICHMOND COUNTY AUGUSTA, GEORGIA Honorable Deke S. Copenhaver, Mayor Approved: Date Approved: Date [ATTACHED CORPORATE SEAL] ATTEST: ATTEST: Title: Title: Augusta Richmond County Project umber(s): 328-041110-211828701 Supplemental Agreement umber: 1 Purchase Order umber: 205642 Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks Attachment number 1 \nPage 1 of 1 Item # 40 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby amended: Section 1: The project is authorized to CPB#32804211828701. This project is to fund the final design phases of the of the Design Consultant Services Agreement with Pond & Company Change Number One and SA#1 for the Capital Project Budget in the amount of $787,933.40 for the Berckmans RoadWidening Realignment, and Bridge Replacement Project. Project to be initially funded through the Transportation Investment Act of 2010 (aka TIA, TSPLOST). Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. Berckman Rd Realignment SPLOST VI 360,000$ Berckman Rd Over Raes Creek SPLOST VI 790,000$ 1,150,000$ Section 3: The following amounts are appropriated for the project: By Basin By District Raes 7$ Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in carrying out this project. Adopted this ____________________ day of ______________________. Approved _________________________________________________ Original-Commission Council Office Copy-Engineering Department Copy-Finance Department Copy-Procurement Department Honorable Deke Copenhaver, Mayor CAPITAL PROJECT BUDGET CPB#328-041110-211828701 Berckmans Road Widening, Realignment & Bridge Replacement (Bid 11-108) Change Number One Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks 1.17.2012 Attachment number 2 \nPage 1 of 2 Item # 40 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET CPB#328-041110-211828701 Berckmans Road Widening, Realignment & Bridge Replacement (Bid 11-108) Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks CPB AMOUNT CPB New SOURCE OF FUNDS CPB Addition CPB Berckmans Rd Realignment PHASE VI ($360,000)($360,000) Berckmans Rd over Raes Creek ($790,000)($790,000) Phase VI TOTAL SOURCES:($360,000)($790,000)($1,150,000) USE OF FUNDS ENGINEERING 328-041110-5212115-211828701 $360,000 $360,000 328-041110-5212115-211828704 $790,000 $790,000 TOTAL USES:$360,000 $790,000 $1,150,000 1.17.2012 Attachment number 2 \nPage 2 of 2 Item # 40 Commission Meeting Agenda 8/6/2013 5:00 PM Cost Sharing Agreement for Sanitary Sewer Extension – Tobacco and Windsor Spring Roads Department:Utilities Caption:Motion to approve Cost Sharing Agreement with Tobacco Augusta Development, LLC (TAD). (Approved by Engineering Services Committtee July 29, 2013) Background:Sanitary sewer service is currently not available to the northeast quadrant of Tobacco and Windsor Springs Roads. Walgreens has proposed purchasing property from the Windsor Springs Baptist Church to construct a new facility at this location. In 2012, the Commission approved the concept of sharing the cost of sewer extension to this parcel. Analysis:This sewer extension will provide service to surrounding parcels not currently served by sanitary sewer. TAD has recently completed design and bidding of this extension. This action is to authorize execution of the agreement on behalf of Augusta. Financial Impact:Augusta’s half of design and construction cost is $64,493.00 Alternatives:The Commission could elect not to share in the cost of this extension, however this option is the most economical way for Utilities to provide sewer service to this unsewered area. Recommendation:We recommend that the attached cost sharing agreement be approved. Funds are Available in the Following Accounts: Adequate funds are available in Account # 510043420- 5425210/80213100-5425210 REVIEWED AND APPROVED BY: Cover Memo Item # 41 Attachment number 1 \nPage 1 of 5 Item # 41 Attachment number 1 \nPage 2 of 5 Item # 41 Attachment number 1 \nPage 3 of 5 Item # 41 Attachment number 1 \nPage 4 of 5 Item # 41 Attachment number 1 \nPage 5 of 5 Item # 41 Commission Meeting Agenda 8/6/2013 5:00 PM Ms. Beaurine Wilkinson Department:Clerk of Commission Caption:Motion to approve tasking Mark Johnson, Director of Solid Waste to meet with Ms. Beaurine Wilkinson in order to try to reach an amenable solution to the problem with her garbage collection. (Approved by Engineering Services Committee July 29, 2013) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 42 Commission Meeting Agenda 8/6/2013 5:00 PM Ratification of emergency sewer repairs at Polo Rd./Polo Ct./Wooten Rd. Department:Augusta Utilities Department Caption:Motion to ratify the payment of $122,452.50 to Avrett Plumbing for emergency support services, pipe lining and/or pipe bursting at sewer collapses on Polo Road, Polo Court, and Wooten Rd. (Approved by Engineering Services Committee July 29, 2013) Background:AUD was notified of sewer trunk main collapses on Polo Rd., Polo Ct., and Wooten Road. At the time of the sewer emergencies Avrett Plumbing was providing sewer cleaning services in the area. Due to the amount of flow on the sewer trunk mains AUD needed to utilize Avrett Plumbing to assist AUD trucks in pumping the lines. During the inspection of the point repairs on Polo Rd. and Polo Ct. AUD noticed that the runs on which these collapses occurred were deteriorated and in danger of additional collapses. Avrett Plumbing was tasked with pipe bursting and/or pipe lining these sewer runs. Pipe bursting and pipe lining was chosen as the method due to the close proximity the sewer line was to customer's homes, the depth of the existing lines, as well as the high ground water table in the area. Analysis:Due to the emergency of the situation AUD instructed Avrett Plumbing to mobilize to the areas in question and address the infrastructure collapse. AUD has since paid Avrett Plumbing for their services. Financial Impact:Funds for this work are available in account 506043410-5223220. The total cost for the work performed by Avrett Plumbing was $122,452.50. Alternatives:No alternatives are recommended. Recommendation:We recommend that the commission approves the ratification of emergency sewer repairs at Polo Rd./Polo Ct./Wooten Rd. Funds are Available Cover Memo Item # 43 in the Following Accounts:Funds for this work are available in account 506043410-5223220. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 43 Attachment number 1 \nPage 1 of 8 Item # 43 Attachment number 1 \nPage 2 of 8 Item # 43 Attachment number 1 \nPage 3 of 8 Item # 43 Attachment number 1 \nPage 4 of 8 Item # 43 Attachment number 1 \nPage 5 of 8 Item # 43 Attachment number 1 \nPage 6 of 8 Item # 43 Attachment number 1 \nPage 7 of 8 Item # 43 Attachment number 1 \nPage 8 of 8 Item # 43 Commission Meeting Agenda 8/6/2013 5:00 PM Sewer Extension - Gordon Highway and Barton Capel Rd. Department:Utilities Caption:Motion to approve cost sharing arrangement for the extension of sewer to the intersection of Gordon Highway and Barton Chapel Road.(Approved by Engineering Services Committee July 29, 2013) Background:Sprint Foods has proposed constructing a larger convenience store adjacent to their current location at Gordon Highway and Barton Chapel Roads. In order to proceed with this project, they would require an approximate 1000 foot extension of the sanitary sewer system. Analysis:This extension would serve additional properties in addition to the Sprint Food property, and could serve 39 acres not currently served by our system. Financial Impact:We propose to share equally in the cost of this project with Sprint Food Stores, Inc. The preliminary estimate for construction cost is $108,000. Adequate funds are available in our budget. Alternatives:The Commission could elect not to participate in the cost. Recommendation:We recommend that Augusta Utilties particpate in the cost of this extension as described above. If approved we will prepare an appropriate cost sharing agreement pending final construction costs. Funds are Available in the Following Accounts: Adequate funding is available in Account 509043420-5425210 / 80313130-5425210 REVIEWED AND APPROVED BY: Cover Memo Item # 44 Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 44 Commission Meeting Agenda 8/6/2013 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held July 16, 2013 and Special Called Legal Meetings held July 16 and July 29, 2013. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 45 Commission Meeting Agenda 8/6/2013 5:00 PM Ethics Reform Study Subcommittee Department: Caption:Motion to approve the recommendation of the Ethics Reform Study Subcommittee to allow the sitting president of the Augusta Bar Association to select a qualified private investigator to conduct a formal investigation of alleged ethical violations of public officials on behalf of the Augusta Commission. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 46 Attachment number 1 \nPage 1 of 4 Item # 46 Attachment number 1 \nPage 2 of 4 Item # 46 Attachment number 1 \nPage 3 of 4 Item # 46 Attachment number 1 \nPage 4 of 4 Item # 46 Commission Meeting Agenda 8/6/2013 5:00 PM Community Service Board Appointments Department: Caption:Consider the recommendations of the Community Service Board to appoint Dr. Franklin McPhail to fill the seat held by Charlene Andress and Susie Felz to fill the seat held by Dacara Brown to the current unexpired term (1-yr) and a new three-year term. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 47 Item # 47 Attachment number 2 \nPage 1 of 1 Item # 47 Attachment number 3 \nPage 1 of 1 Item # 47 Commission Meeting Agenda 8/6/2013 5:00 PM 2013 Mill Rate Department: Caption:Motion to approve resolution approving 2013 Mill Rate. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 48 Attachment number 1 \nPage 1 of 3 Item # 48 Attachment number 1 \nPage 2 of 3 Item # 48 Attachment number 1 \nPage 3 of 3 Item # 48 Commission Meeting Agenda 8/6/2013 5:00 PM Golf Course Proposals Department:Clerk of Commission Caption:Motion to approve the formal plan between the First Tee of Augusta and the Augusta Municipal Golf Course. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 49 Commission Meeting Agenda 8/6/2013 5:00 PM Affidavit Department:Clerk of Commission Caption:Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 50