HomeMy WebLinkAbout2014-01-21-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
1/21/2014
2:00 PM
INVOCATION:
Dr. Joseph Hall, Sr., Pastor, R.E.A.C.H. Outreach
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
2013 Employee of the Year
A. Congratulations! Shawn Edwards, Housing & Community Development
Department - 2013 Employee of the Year.
Attachments
Georgia Association of Floodplain Management
B. Georgia Association of Floodplain Management presentation to City of
Augusta the “Community Excellence in Floodplain Management
Award" received by Terri Turner and community representatives.
Attachments
CONSENT AGENDA
(Items 1-35)
PLANNING
1. Z-14-01 – A request for concurrence with the Augusta Georgia Planning
Commission to approve a petition by Allean Moseby requesting a
Special Exception to establish a Family Personal Care Home per
Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta,
Georgia affecting property containing .49 acres and is known as 1806
Claystone Way. Tax Map 152-0-602-00-0 DISTRICT 4
Attachments
2. Z-14-02 – A request for concurrence with the Augusta Georgia Planning Attachments
Commission to approve, with the conditions listed below, a petition by
Ripal and Ripal, LLC requesting a Special Exception to establish an
Extended Stay Hotel in a B-2 (General Business) Zone per Section 22-2
(d) of the Comprehensive Zoning Ordinance for Augusta, Georgia
affecting property containing 3.62 acres and is known as 1116 Marks
Church Road. Tax Map 031-0-195-00-0. DISTRICT 3 The
conditions are as follows: Use of property shall be limited to uses
permitted under the present zoning (B-1; with conditions), or the
following uses permitted in the B-2 (General Business) zone: Hotel, golf
driving range, boat dealership, funeral home, New car dealership with
incidental functions; parts sales, service, repair and used car sales, mini
warehouses, extended stay hotel; A 50-foot undisturbed natural buffer
adjoining Kingston Subdivision with an 8-foot tall wooden fence; No
access to Dominica Drive; The maximum height of any sign on the
property shall be 50 feet; Developer to pay for any improvements within
the right of way deemed necessary to accommodate development that are
not part of the GA DOT project; and Illumination: · All building wall
lighting on walls facing Kingston Subdivision shall be directed down the
building, not outward; · All freestanding lighting located within 100 feet
of Kingston Subdivision shall be full cutoff lighting that does not shine
onto Kingston properties. There shall be no more than 5 freestanding
lights within 100 feet of Kingston Subdivision; · All other lighting shall
be directed away from the area within 100 feet from Kingston
Subdivision. 7. The maximum height of any structure shall be 55 feet.
8. That the site will meet all requirements for the Notice of Intent under
the NPDES law of the State of Georgia, including stormwater quality
requirements and meet the conditions of the GA Department of
Transportation.
3. Z-14-03 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the following conditions 1) the hours of
operation for the tire collection and processing facility will be 9:00 a.m.
to 6:00 p.m. Monday through Saturday and closed on Sundays and 2) all
activities associated with the business will be conducted inside buildings
on the property; a petition by CSRA Regional Tire Collection &
Processing, on behalf of Mortgage Investors Augusta LLC, requesting a
Special Exception in an HI (Heavy Industry) Zone to establish a
scrap tire sorting & processing facility per Section 24-2 (16) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing 3.74 acres and known as 331 Sand Bar Ferry Road.
Tax Map 061-1-072-00-0 DISTRICT 1
Attachments
4. Z-14-04- A request for concurrence with the Augusta Georgia Planning Attachments
Commission to approve a petition by James B. Trotter, on behalf of the
NSC Foundation Building Service Corp., requesting a Special
Exception to establish a private school per Section 26-1 (b) of the
Comprehensive Zoning Ordinance for Augusta, Georgia affecting
property containing approximately 7.8 acres and is known as 159 A
Craig Sims Parkway. Part of Tax Map 081-0-019-02-0 DISTRICT 4
5. Z-14-06 – A request for concurrence with the Augusta Georgia Planning
Commission to approve with the following condition 1) that the use of
the property be limited to a liquor store, gas-food mart, or those uses
permitted by right in a B-1 (Neighborhood Business) zone; a petition by
Steve Collins, on behalf of Venice Investments LLC, requesting a
change of zoning from Zone B-1 (Neighborhood Business) to Zone B-
2 (General Business) affecting property containing approximately 2.07
acres and is known as 2574 Tobacco Road. Tax Map 141-0-004-05-0
DISTRICT 4
Attachments
PUBLIC SERVICES
6. Motion to approve Augusta Public Transit’s purchase of maintenance
equipment. (Approved by Public Services Committee January 13,
2014)
Attachments
ADMINISTRATIVE SERVICES
7. Motion to approve concept previously presented to the governing body
relative to Augusta becoming an Age-Friendly Community.
Communities participating must commit to a cycle of assessing and
improving their age-friendliness. According to the federal
Administration on Aging, by 2030, nearly 20% of the U.S. Population
will be 65 and older. Communities that adopt progressive and forward
thinking public policies and urban planning models will attract and retain
more residents, provide varied business opportunities to serve the older
population, their families, and caregivers, and build infrastructure and
policies that are friendly to all ages. An "Age-Friendly Community"
entails an inclusive and accessible urban or suburban environment that
encourages active and healthy aging. (AARP's Network of Age-Friendly
Communities) (Concept presented at the American Planning
Association's April 2013 Chicago Conference) (Approved by
Administrative Services Committee January 13, 2014)
Attachments
8. Motion to approve two (2) annual bid items. The items require
Commission approval due to the fact that puchases on the individual
items will exceed $25,000.00 per order. (Approved by Administrative
Services Committee January 13, 2014)
Attachments
9. Motion to authorize Submission of the 2013 Exhibit I and II’s
Continuum of Care Application to HUD and grant the Mayor the
authority to execute all forms associated with the application, which also
include Submission of the Follow-up Technical Submission Application,
Renewal Grant Agreements and Annual Progress Reports (APR).
(Approved by Administrative Services Committee January 13,
2014).
Attachments
10. Motion to approve Fix and Publish the 2014 Qualifying Fees for Local
Offices. (Approved by Administrative Services Committee January
13, 2014)
Attachments
11. Motion to approve tasking the Mayor or Administrator with writing a
letter to the AARP state office indicating Augusta's commitment in
becoming an Age-Friendly Community. (Approved by Administrative
Services Committee January 13, 2014)
Attachments
12. Motion to approve tasking the Mayor with preparing a resolution that
reflects Augusta's intent to initiate the process of qualifying as an Age-
Friendly Community effective January, 2014. (Approved by
Administrative Services Committee January 13, 2014)
Attachments
PUBLIC SAFETY
13. Motion to approve the selection of Southeast Utilities of Georgia Inc. to
install fiber optic cabling in response to Bid Item 13-173A. (Approved
by Public Safety Committee January 13, 2014)
Attachments
14. Motion to approve accepting Homeland Security Grant of $20,000 and
authorizing the Mayor to execute acceptance documents. (Approved by
Public Safety Committee January 13, 2014)
Attachments
15. Motion to approve Renewing Lease Between Augusta, Georgia and
Unitarian Universalist Chuch of Augusta for Fire Station 9. (Approved
by Public Safety Committee January 13, 2014)
Attachments
16. Motion to approve a request from the Richmond County Sheriff's Office
(RCSO) to use funds from its asset forfeiture funds to purchase 6.45
acres from the State of Georgia Surplus Property Commission to use for
an annex to the RCSO South Precinct.(Approved by Public Safety
Committee January 13, 2014)
Attachments
FINANCE
17. Motion to approve the replacement of 1 mini pickup truck for
Recreation Department-Riverwalk Division. (Approved by Finance
Committee January 13, 2014)
Attachments
18. Motion to approve property insurance coverage for 2014 offered
through Affiliated FM, current carrier, for a premium of $428,000 for
full blanket coverage including terrorism coverage and limited flood
coverage. (Approved by Finance Committee January 13, 2014)
Attachments
ENGINEERING SERVICES
19. Motion to approve award of Design Consultant Contract to Civil
Service, Inc. (CSI) in the amount of $132,811.62 for 11th Street Bridge
over Augusta Canal – Bridge Repair and Restoration, subject to receipt
of signed contracts and proper insurance documents as requested by
AED. (Approved by Engineering Services Committee January 13,
2014)
Attachments
20. Motion to authorize condemnation to acquire title of a portion of
property for permanent easement and temporary easement, (Parcel 053-
0-035-01-0) 3734 Belair Road. (Approved by Engineering Services
Committee January 13, 2014)
Attachments
21. Motion to authorize condemnation to acquire title of the entire parcel,
(Parcel 087-2-123-00-0) 2043 Walnut Street.(Approved by Engineering
Services Committee January 13, 2014)
Attachments
22. Motion to authorize condemnation to acquire right of way, permanent
construction and maintenance easement and one temporary driveway
easement (Parcel 227-0-035-00-0) 4755 Windsor Spring Road.
(Approved by Engineering Services Committee January 13, 2014)
Attachments
23. Motion to approve award of Bid Item 13-196, Front Load Services, to
Inland Services.(Approved by Engineering Services Committee
January 13, 2014)
Attachments
24. Motion to approve contract award to HDR Engineering, Inc. for Leak
Detection Services (Phase II) in the amount of $199,700.00. Request for
Qualifications RFQ #11-080. (Approved by Engineering Services
Committee January 13, 2014)
Attachments
25. Motion to approve construction contract award to Blair Construction in
the amount of $1,716,796.40. (Approved by Engineering Services
Committee January 13, 2014)
Attachments
26. Motion to approve the award of Bid Item 13-224 to Augusta Quality
Lawn Care for vacant lot cutting and cleaning services. (Approved by
Engineering Services Committee January 13, 2014)
Attachments
27. Motion to approve the ESD to hire a Heavy Equipment Supervisor
above the entry level.(Approved by Engineering Services Committee
January 13, 2014)
Attachments
28. Motion to approve refunding the solid waste fees for the period 2009 to
January 2013 and refunding half of the fees for the period June 2013 to
the present in association with a request from Ms. Barbara Coping
relative to property located at 1615 Cornell Drive.(Approved by
Engineering Services Committee January 13, 2014)
Attachments
29. Motion to approve proposal from McKim & Creed to perform flow Attachments
monitoring analysis of the former combined sewer basins. (Approved by
Engineering Services Committee January 13, 2014)
30. Motion to approve CSX 748015 Facility Encroachment Agreement.
(Approved by Engineering Services Committee January 13, 2014)
Attachments
31. Motion to approve CSX 755045 Facility Encroachment Agreement.
(Approved by Engineering Services Committee January 13, 2014)
Attachments
32. Motion to approve an Easement Deed, from the State of Georgia, for an
easement on the State Medical Prison property. (Approved by
Engineering Services Committee January 13, 2014)
Attachments
33. Motion to supplement Augusta, Georgia’s existing contract with URS
Corporation for the development of the Advanced Transportation
Management System (ATMS) Master Plan Update to include design
services for implementation of the following ATMS projects identified in
the Transportation Investment Act of 2010 (aka, TIA, TSPLOST) and in
the final master plan update: Richmond County ITS Master Plan
Implementation (RC07-000121) and Richmond County Emergency
Vehicle and Transit Preemption System (RC07-000137). The fees for
these services will be $499,937.01 and $249,900.63, respectively
($749,837.64 total) as requested by AED/TE. (Approved by
Engineering Services Committee January 13, 2014)
Attachments
PETITIONS AND COMMUNICATIONS
34. Motion to approve the minutes of the regular meeting of the
Commission held January 7, 2014 and Special Called Meetings held
January 7 & 13, 2014.
Attachments
APPOINTMENT(S)
35. Motion to approve the reappointment of Crystal Eskola to the Augusta
Canal Authority representing District 6.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
1/21/2014
AUGUSTA COMMISSION
REGULAR AGENDA
1/21/2014
(Items 36-43)
ADMINISTRATIVE SERVICES
36. Discuss the Augusta Law Department. (Requested by Commissioner
Marion Williams)
Attachments
37. No Confidence Vote - General Counsel. (Requested by Commissioner
Marion Williams)
Attachments
APPOINTMENT(S)
38. Appoint members to the Urban Redevelopment Agency (URA) of
Augusta.
Attachments
39. Consider a request from the Richmond County Hospital to appoint one
from the following for the Active Medical Staff member position
currently held by A. Bleakley Chandler, M.D. who is not eligible:
Alexander H. MacDonell, III, M.D., 4 Tall Pine Court, Augusta, GA.
30909
James B. Kay, M.D. 810 Carriage Court, Augusta,GA 30909
Stuart H. Prather, III, M.D. 2220 Edgewood Drive, Augusta, GA 30904
For the African American member position currently held by Mac
Bowman, M.D. who is eligible for reappointment.
Mac A. Bowman, M.D., 3404 Dunnington Place, Augusta, GA 30909
Sanford Loyd, 711 Woodgate Court, Augusta, GA 30909
Terry D. Elam, 17 Park Place, Augusta, GA 30909
Attachments
OTHER BUSINESS
Upcoming Meetings
www.augustaga.gov
40. Motion to discuss Commissioner’s request for a copy of former
Administrator’s Hard Drive. (Requested by Mayor Deke Copenhaver)
Attachments
41. Report/update from the Interm Administrator regarding the request of a
copy of the former administrator's computer hard drive. (Requested by
Commissioner Marion Williams)
Attachments
42. Approve/adopt a resolution relinquishing the Augusta Commission's
approvals relative to the Augusta Regional Airport at Bush Field
expenditures and contracts and forward to the Augusta-Richmnd County
Legislative Delegation. (Requested by Commissioner Joe Jackson)
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
43. Motion to authorize execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
1/21/2014 2:00 PM
Invocation
Department:
Caption:Dr. Joseph Hall, Sr., Pastor, R.E.A.C.H. Outreach
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Commission Meeting Agenda
1/21/2014 2:00 PM
2013 Employee of the Year
Department:
Caption:Congratulations! Shawn Edwards, Housing & Community
Development Department - 2013 Employee of the Year.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 2
Commission Meeting Agenda
1/21/2014 2:00 PM
Georgia Association of Floodplain Management
Department:
Caption:Georgia Association of Floodplain Management presentation to
City of Augusta the “Community Excellence in Floodplain
Management Award" received by Terri Turner and community
representatives.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Attachment number 1 \nPage 1 of 1
Item # 3
Commission Meeting Agenda
1/21/2014 2:00 PM
Z-14-01
Department:Planning Commission
Caption: Z-14-01 – A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by Allean Moseby
requesting a Special Exception to establish a Family Personal
Care Home per Section 26-1 (h) of the Comprehensive Zoning
Ordinance for Augusta, Georgia affecting property containing .49
acres and is known as 1806 Claystone Way. Tax Map 152-0-602-
00-0 DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
Commission Meeting Agenda
1/21/2014 2:00 PM
Z-14-02
Department:Planning Commission
Caption: Z-14-02 – A request for concurrence with the Augusta Georgia
Planning Commission to approve, with the conditions listed
below, a petition by Ripal and Ripal, LLC requesting a Special
Exception to establish an Extended Stay Hotel in a B-2 (General
Business) Zone per Section 22-2 (d) of the Comprehensive
Zoning Ordinance for Augusta, Georgia affecting property
containing 3.62 acres and is known as 1116 Marks Church
Road. Tax Map 031-0-195-00-0. DISTRICT 3 The conditions
are as follows: Use of property shall be limited to uses permitted
under the present zoning (B-1; with conditions), or the following
uses permitted in the B-2 (General Business) zone: Hotel, golf
driving range, boat dealership, funeral home, New car dealership
with incidental functions; parts sales, service, repair and used car
sales, mini warehouses, extended stay hotel; A 50-foot
undisturbed natural buffer adjoining Kingston Subdivision with an
8-foot tall wooden fence; No access to Dominica Drive; The
maximum height of any sign on the property shall be 50 feet;
Developer to pay for any improvements within the right of way
deemed necessary to accommodate development that are not part
of the GA DOT project; and Illumination: · All building wall
lighting on walls facing Kingston Subdivision shall be directed
down the building, not outward; · All freestanding lighting located
within 100 feet of Kingston Subdivision shall be full cutoff
lighting that does not shine onto Kingston properties. There shall
be no more than 5 freestanding lights within 100 feet of Kingston
Subdivision; · All other lighting shall be directed away from the
area within 100 feet from Kingston Subdivision. 7. The maximum
height of any structure shall be 55 feet. 8. That the site will meet
all requirements for the Notice of Intent under the NPDES law of
the State of Georgia, including stormwater quality requirements
and meet the conditions of the GA Department of Transportation.
Background:
Analysis:
Cover Memo
Item # 5
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 5
Commission Meeting Agenda
1/21/2014 2:00 PM
Z-14-03
Department:Planning Commission
Caption: Z-14-03 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the following conditions 1)
the hours of operation for the tire collection and processing facility
will be 9:00 a.m. to 6:00 p.m. Monday through Saturday and closed
on Sundays and 2) all activities associated with the business will be
conducted inside buildings on the property; a petition by CSRA
Regional Tire Collection & Processing, on behalf of Mortgage
Investors Augusta LLC, requesting a Special Exception in an HI
(Heavy Industry) Zone to establish a scrap tire sorting &
processing facility per Section 24-2 (16) of the Comprehensive
Zoning Ordinance for Augusta, Georgia affecting property
containing 3.74 acres and known as 331 Sand Bar Ferry Road.
Tax Map 061-1-072-00-0 DISTRICT 1
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 6
Commission Meeting Agenda
1/21/2014 2:00 PM
Z-14-04
Department:Planning Commission
Caption: Z-14-04- A request for concurrence with the Augusta Georgia
Planning Commission to approve a petition by James B. Trotter,
on behalf of the NSC Foundation Building Service Corp.,
requesting a Special Exception to establish a private school per
Section 26-1 (b) of the Comprehensive Zoning Ordinance for
Augusta, Georgia affecting property containing approximately
7.8 acres and is known as 159 A Craig Sims Parkway. Part of
Tax Map 081-0-019-02-0 DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 7
Commission Meeting Agenda
1/21/2014 2:00 PM
Z-14-06
Department:Planning Commission
Caption: Z-14-06 – A request for concurrence with the Augusta Georgia
Planning Commission to approve with the following condition
1) that the use of the property be limited to a liquor store, gas-food
mart, or those uses permitted by right in a B-1 (Neighborhood
Business) zone; a petition by Steve Collins, on behalf of Venice
Investments LLC, requesting a change of zoning from Zone B-1
(Neighborhood Business) to Zone B-2 (General Business)
affecting property containing approximately 2.07 acres and is
known as 2574 Tobacco Road. Tax Map 141-0-004-05-0
DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 8
Commission Meeting Agenda
1/21/2014 2:00 PM
Augusta Public Transit Maintenance Lifts
Department:Augusta Public Transit
Caption:Motion to approve Augusta Public Transit’s purchase of
maintenance equipment. (Approved by Public Services
Committee January 13, 2014)
Background:The Capital Assistance Grant is being used to purchase t he
Mobile Column Lift System, 4 Columns consist of, Mobile
Support Stands, 16,000 lbs, Small Wheel Adapter – 6” for R,
Light Vehicle Adapter, 16000 lbs, Cart for LVA-8-W, Extension
Kit – 2”, 4”, 6”, 8”, and Cross-Beam – 32k lbs capacity. The lift
system will be utilized by Maintenance for vehicle repairs of the
Rural Vehicles.
Analysis:The maintenance equipment will be purchased from Reliable
Hydraulics, Inc.
Financial Impact:The Lifts are $39,246. FTA pays 80% of the cost, $31,396.80 and
Augusta-Richmond County the remaining 20%, $7,849.20. The
impact of approving this purchase will be an upgrade to the safety
and repair of Transit vehicles.
Alternatives:Non-approval.
Recommendation:Approve the purchase of the Mobile Column Lift System, 4
Columns.
Funds are Available
in the Following
Accounts:
54709-1209-5316110 and 54709-1210-5316210.
REVIEWED AND APPROVED BY:
Finance.
Cover Memo
Item # 9
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
Invitation to Bid
Sealed bids will be received at this office on Friday, July 26, 2013 @ 11:00 a.m. for furnishing:
Bid Item 13-162 Maintenance Equipment for Augusta Public Transit
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, July 12, 2013 @ 5:00 p.m. No bid will be accepted by fax, all
must be received by mail or hand delivered.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
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 June 20, 27, July 4, 11, 2013
Metro Courier June 26, 2013
Revised: 8/15/2011
Attachment number 1 \nPage 1 of 1
Item # 9
VENDORS
Description
Est
Quan Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Price Total Price
Mobile Column Lift
System, 4 Columns, 1
$30,400.00 $30,400.00
Non-
Compliant
Non-
Compliant
Mobile Support
Stands, 16,000 lbs 4
$624.00 $2,496.00
Non-
Compliant
Non-
Compliant
Small Wheel
Adapter – 6” for R 4
Included Included
Non-
Compliant
Non-
Compliant
Light vehicle
adapter, 16,000 lbs 1
$1,740.00 $1,740.00
Non-
Compliant
Non-
Compliant
Cart for LVA-8-W 1 Included Included
Non-
Compliant
Non-
Compliant
Extension Kit – 2”,
4”, 6”, 8”1
$1,630.00 $1,630.00
Non-
Compliant
Non-
Compliant
Main Control Box –
to allow 1
N/A N/A
Non-
Compliant
Non-
Compliant
Dummy Plug – to
allow separating 1 N/A N/A
Non-
Compliant
Non-
Compliant
Cross-Beam – 32 k
lbs capacity 1 $2,980.00 $2,980.00
Non-
Compliant
Non-
Compliant
ATTACHMENT B
E-VERIFY NUMBER
SAVE FORM Yes
Yes
Creative Bus Sales
8600 Atlantic Blvd
Jacksonville, FL 32211
Yes No Bid
No
Bid Item #13-162
Maintenance Equipment
For Augusta, Georgia - Transit Department
Bid Opening: Friday, July 26, 2013 @ 11:00 a.m.
449557
Yes
Reliable Hydraulics Inc
2600 South Cobb Drive
Symyrna, GA 30080
Napa Auto Parts
1337 Reynolds St.
Augusta, GA 30901
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
#
9
AUGUSTAPUBLIC TRANSIT
SHARON DOTTERY, TRANSIT CONTRACT MANAGER
November 14,2013
Ms. Geri Sams
Director of Procurement
Augusta Richmond County
530 Greene Street, Room 605
Augusta, GA 30901
RiE: RFP Bid #13-162 -Maintenance Equipment
Dear Ms. Sams:
We received one (l) compliant response for RFP 13-162 Maintenance Equipment.
After review and discussions with Maintenance, I am requesting that we move forward with the award to
Reliable Hydraulics lnc.
Thank you for your assistance in this selection process. If you have any questions or require any
additional information, please don't hesitate to contact me.
Sincerely,
qill'L
Sharon Dottery
Transit Contract Manager
cc: Tameka Allen, Deputy Administrator
Augusta Public Transit
1535 Fenwick Street - Augusta GA 30904
(706) 821-1818 -Fax (706) 821-1752
www.augustaga.gov
Attachment number 3 \nPage 1 of 1
Item # 9
Attachment number 4 \nPage 1 of 3
Item # 9
Attachment number 4 \nPage 2 of 3
Item # 9
Attachment number 4 \nPage 3 of 3
Item # 9
Commission Meeting Agenda
1/21/2014 2:00 PM
Age-Friendly Community Concept
Department:Clerk of Commission
Caption:Motion to approve concept previously presented to the governing body
relative to Augusta becoming an Age-Friendly Community.
Communities participating must commit to a cycle of assessing and
improving their age-friendliness. According to the federal Administration
on Aging, by 2030, nearly 20% of the U.S. Population will be 65 and
older. Communities that adopt progressive and forward thinking public
policies and urban planning models will attract and retain more residents,
provide varied business opportunities to serve the older population, their
families, and caregivers, and build infrastructure and policies that are
friendly to all ages. An "Age-Friendly Community" entails an inclusive
and accessible urban or suburban environment that encourages active and
healthy aging. (AARP's Network of Age-Friendly
Communities) (Concept presented at the American Planning Association's
April 2013 Chicago Conference) (Approved by Administrative
Services Committee January 13, 2014)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
Attachment number 1 \nPage 1 of 1
Item # 10
Commission Meeting Agenda
1/21/2014 2:00 PM
Approve Annual Bid Items
Department:Procurement
Caption:Motion to approve two (2) annual bid items. The items require
Commission approval due to the fact that puchases on the
individual items will exceed $25,000.00 per order. (Approved by
Administrative Services Committee January 13, 2014)
Background:The following annual bid items reqire Commission approval: 13-
045 Athletic Clothing & Equipment - Recreation, Parks and
Facilites and 13-065 Chemicals - Utilites Department.
Analysis:Each item was bid through the sealed bid process as directed in
the Augusta Procurement Code. The user departments reviewed
the sumbmittls and presented a recommendation of award to the
Procurement Department.
Financial Impact:Each department will be responsible for the purchase of items
listed on their bid.
Alternatives:Not to award and require the departments to follow the purchasing
guidlines as listed in the Augusta Procurement Code for each
individual purchase.
Recommendation:Approve the recommendation as submitted by each user
department.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Cover Memo
Item # 11
Administrator.
Clerk of Commission
Cover Memo
Item # 11
Attachment number 1 \nPage 1 of 1
Item # 11
Attachment number 2 \nPage 1 of 13
Item # 11
Attachment number 2 \nPage 2 of 13
Item # 11
Attachment number 2 \nPage 3 of 13
Item # 11
Attachment number 2 \nPage 4 of 13
Item # 11
Attachment number 2 \nPage 5 of 13
Item # 11
Attachment number 2 \nPage 6 of 13
Item # 11
Attachment number 2 \nPage 7 of 13
Item # 11
Attachment number 2 \nPage 8 of 13
Item # 11
Attachment number 2 \nPage 9 of 13
Item # 11
Attachment number 2 \nPage 10 of 13
Item # 11
Attachment number 2 \nPage 11 of 13
Item # 11
Attachment number 2 \nPage 12 of 13
Item # 11
Attachment number 2 \nPage 13 of 13
Item # 11
Attachment number 3 \nPage 1 of 20
Item # 11
Attachment number 3 \nPage 2 of 20
Item # 11
Attachment number 3 \nPage 3 of 20
Item # 11
Attachment number 3 \nPage 4 of 20
Item # 11
Attachment number 3 \nPage 5 of 20
Item # 11
Attachment number 3 \nPage 6 of 20
Item # 11
Attachment number 3 \nPage 7 of 20
Item # 11
Attachment number 3 \nPage 8 of 20
Item # 11
Attachment number 3 \nPage 9 of 20
Item # 11
Attachment number 3 \nPage 10 of 20
Item # 11
Attachment number 3 \nPage 11 of 20
Item # 11
Attachment number 3 \nPage 12 of 20
Item # 11
Attachment number 3 \nPage 13 of 20
Item # 11
Attachment number 3 \nPage 14 of 20
Item # 11
Attachment number 3 \nPage 15 of 20
Item # 11
Attachment number 3 \nPage 16 of 20
Item # 11
Attachment number 3 \nPage 17 of 20
Item # 11
Attachment number 3 \nPage 18 of 20
Item # 11
Attachment number 3 \nPage 19 of 20
Item # 11
Attachment number 3 \nPage 20 of 20
Item # 11
Commission Meeting Agenda
1/21/2014 2:00 PM
Continuum of Care Application
Department:Housing and Community Development Department
Caption:Motion to authorize Submission of the 2013 Exhibit I and II’s
Continuum of Care Application to HUD and grant the Mayor the
authority to execute all forms associated with the application,
which also include Submission of the Follow-up Technical
Submission Application, Renewal Grant Agreements and Annual
Progress Reports (APR). (Approved by Administrative Services
Committee January 13, 2014).
Background:Each year the Housing & Community Development Department
apply to HUD for funding through an annual Super Notice of
Funding Availability (NOFA) Continuum of Care Homeless
Assistance Programs (this is a competitive application process).
These funds are used to support the Homeless Information
Management System (HMIS), for administrative services,
Technical Assistanceto partner agencies and provide. The
Homeless Transportation Program is available to clients of HMIS
service providers. These grants renew each year at the same
amount from October 1 to September 30 (Transportation Program-
$34,545), and October 1 to September 30 (HMIS Program -
$181,027).
Analysis:Approval will allow the city to continue comprehensive services
to the homeless population of Augusta-Richmond County.
Financial Impact:These are additional funds received from HUD through a
competitive application process to the city for continued operation
of the Transportation Program and the Homeless Information
Management System (HMIS) and services. There are six (6)
additional projects funded through this application for services (2),
transitional housing (2) and permanent supportive housing (2)
programs.
Alternatives:None recommended
Recommendation:Approve Submission of the CoC Application to HUD, and grant
Cover Memo
Item # 12
the Mayor the authority to execute all forms associated with the
Application, which also include Submission of the Follow-up
Technical Submission Application, Renewal Grant Agreements
and Annual Progress Reports.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Cover Memo
Item # 12
HOUSIG AD COMMUITY
DEVELOPMET DEPARTMET
Chester A. Wheeler, III
Director
Housing and Community Development
925 Laney-Walker Boulevard, Augusta, GA 30901
(706) 821-1797 – Fax (706) 821-1784
www.augustaga.gov
TO: Lena Bonner, Clerk of Commission
FROM: Chester A. Wheeler, III, Director
Housing and Community Development Department
SUBJECT: Continuum of Care Application (Exhibit I and Exhibit II’s)
SHP Technical Submission Applications
Renewal Supportive Housing Program (SHP) Agreements
Annual Progress Report (APR)
DATE: December 30, 2013
CAPTIO: Authorize Submission of the 2013 Exhibit I and II’s Continuum of Care
Application to HUD and grant the Mayor the authority to execute all forms associated with the
application, which also include Submission of the Follow-up Technical Submission Application,
Renewal Grant Agreements and Annual Progress Reports (APR).
BACKGROUD: Each year the Housing & Community Development Department apply to
HUD for funding through an annual Super Notice of Funding Availability (NOFA) Continuum
of Care Homeless Assistance Programs (this is a competitive application process). These funds
are used to support the Homeless Information Management System (HMIS), for administrative
services, Technical Assistance to partner agencies and provide. The Homeless Transportation
Program is available to clients of HMIS service providers. These grants renew each year at the
same amount from October 1 to September 30 (Transportation Program- $34,545), and October
1 to September 30 (HMIS Program - $181,027).
AALYSIS: Approval will allow the city to continue comprehensive services to the homeless
population of Augusta-Richmond County.
FIACIAL IMPACT: These are additional funds received from HUD through a competitive
application process to the city for continued operation of the Transportation Program and the
Homeless Information Management System (HMIS) and services. There are six (6) additional
projects funded through this application for services (2), transitional housing (2) and permanent
supportive housing (2) programs.
Attachment number 1 \nPage 1 of 2
Item # 12
2
ALTERATIVES: None recommended
RECOMMEDATIO: Approve Submission of the CoC Application to HUD, and grant the
Mayor the authority to execute all forms associated with the Application, which also include
Submission of the Follow-up Technical Submission Application, Renewal Grant Agreements
and Annual Progress Reports.
REQUESTED AGEDA DATE: Monday, January 13, 2014.
Attachment
Department FUNDS ARE AVAILABLE IN THE
Director: __________________________ FOLLOWING ACCOUNT: N/A
Chester A. Wheeler, III
ADMINISTRATOR: _______________________
Frederick Russell
Attachment number 1 \nPage 2 of 2
Item # 12
Commission Meeting Agenda
1/21/2014 2:00 PM
Fix and Publish the 2014 Qualifying Fees for Local Offices
Department:Board of Elections
Caption:Motion to approve Fix and Publish the 2014 Qualifying Fees for
Local Offices. (Approved by Administrative Services
Committee January 13, 2014)
Background:Not later than February 1 on any year in which a general election
is to be held, Georgia law requires the governing authority of each
county or municipality to fix and publish the qualifying fees for
local offices. O.C.G.A. 21-2-131(a)
Analysis:This procedure is performed yearly by the Augusta Commission.
The qualifying fees for State Court Judge are based on 3% of the
total gross annual salary for 2013. The qualifying fee for Augusta
Commission and Mayor are based on 3% of the base salary
provided for in the legislation creating the Augusta Commission.
The qualifying fee for Board of Education is a flat $100 as
provided for in their Charter. These are the only local offices that
will be elected in 2014.
Financial Impact:No financial impact other than the cost of publishing a legal
advertisement.
Alternatives:This is required by law.
Recommendation:Approve the qualifying fees as required by law and publish same
not later than February 1, 2014. The Board of Elections will
publish the advertisement upon approval by the Commission.
Funds are Available
in the Following
Accounts:
101-01-4110-52.33111
REVIEWED AND APPROVED BY:Cover Memo
Item # 13
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
NOTICE TO THE RESIDENTS OF
AUGUSTA-RICHMOND COUNTY, GEORGIA
Pursuant to O.C.G.A. 21-2-131 (a)(1), you are hereby notified that the Augusta Commission has set
the qualifying fees for the various local offices up for election in 2014 as follows:
State Court Judge
(Seat currently held by Judge Richard Slaby)...........$4,462.23
State Court Judge
(Seat currently held by Judge David Watkins)……..$4,354.23
Mayor of the City of Augusta...................................$1,950.00
Augusta Commission………..…………..………..……$360.00
(Seats 2, 4, 6, 8, and 10)
Board of Education……………………….…..…….….$100.00
(Seats 2, 3, 6, 7, and 9)
This 30th day of January, 2014.
Lynn M. Bailey, Executive Director
Richmond County Board of Elections
Attachment number 1 \nPage 1 of 1
Item # 13
Commission Meeting Agenda
1/21/2014 2:00 PM
Letter to AARP State Office
Department:Clerk of Commission
Caption:Motion to approve tasking the Mayor or Administrator with
writing a letter to the AARP state office indicating Augusta's
commitment in becoming an Age-Friendly Community.
(Approved by Administrative Services Committee January 13,
2014)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 14
Attachment number 1 \nPage 1 of 1
Item # 14
Commission Meeting Agenda
1/21/2014 2:00 PM
Resolution - Age-Friendly Community
Department:Clerk of Commission
Caption:Motion to approve tasking the Mayor with preparing a resolution
that reflects Augusta's intent to initiate the process of qualifying as
an Age-Friendly Community effective January, 2014. (Approved
by Administrative Services Committee January 13, 2014)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 15
Attachment number 1 \nPage 1 of 1
Item # 15
Commission Meeting Agenda
1/21/2014 2:00 PM
Augusta Law Department
Department:
Caption:Discuss the Augusta Law Department. (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 # 16
Commission Meeting Agenda
1/21/2014 2:00 PM
General Counsel
Department:
Caption:No Confidence Vote - 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 # 17
Commission Meeting Agenda
1/21/2014 2:00 PM
Fiber optic cable installation for Augusta Information Technology and Augusta Utilities Departments.
Department:Information Technology
Caption:Motion to approve the selection of Southeast Utilities of Georgia
Inc. to install fiber optic cabling in response to Bid Item 13-173A.
(Approved by Public Safety Committee January 13, 2014)
Background:The Department of Information Technology deploys fiber optic
cabling to support Augusta’s network infrastructure. Fiber optic
cabling provides a fast and secure means to provide information
and services to city departments. Utilization of this type
transmission media provides department with the ability to access
data via high speed communications without expensive
reoccurring monthly costs.
Analysis:By utilizing fiber optic cabling, the Information Technology
department is able to provide information and services to locations
that otherwise would not have access to information or would
need to have contractual agreements with other communications
providers and pay expensive monthly charges for communications
services. These other providers are not cost effective, over the
long term, to provide the necessary speed. This bid item will
provide redundant fiber links between agencies. It will also
provide alternate path communications in the event a failure
occurs to the single fiber connections path, currently in place.
Also, the bid will provide a fiber connection to the new joint
Utilities Department and Tag Office location on Highway 25.
Southeast Utilities of Georgia Inc. was the sole responder to Bid
#13-17A. Southeast Utilities of Georgia Inc. has performed
services for Augusta, in the past, and has performed satisfactorily.
Financial Impact:The cost of the proposed fiber optic installations is $434,342.00
and is available in fund 506-04-3210-5423210 and 507043490-
5426110 / 81300020-5426110 .
Alternatives:Do not install the redundant fiber connections. Do not approve the
fiber installation for the new building on Highway 25 and seek
alternative methods of providing service at these locations on a
monthly contract with a third party provider.
Cover Memo
Item # 18
Recommendation:Approve the selection of Southeast Utilities of Georgia Inc. to
install fiber optic cabling in response to Bid Item 13-173A.
Southeast Utilities of Georgia Inc. was the sole responder to Bid
#13-17A.
Funds are Available
in the Following
Accounts:
IT: GL325-12-2110/JL209-92-5005 AUD: 507043490-5426110 /
81300020-5426110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Information Technology
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 18
Re-Bid 13-173 Dark Fiber Optic Installation
Page 1 of 18
Invitation to Re-Bid Professional Services
Sealed re-bids will be received at this office until Friday, August 9, 2013 @ 11:00 a.m. for furnishing:
Re-Bid Item 13-173A Dark Fiber Optic Installation for Information Technology Department
Re-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
Re-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 Tuesday,
August 6, 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 Re-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 RE-BID number on the outside of the envelope.
Bidders are cautioned that acquisition of RE-BID documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RE-BID documents from unauthorized sources placed the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
GERI A. SAMS, Procurement Director
cc: Tameka Allen Deputy Administrator
Gary Hewett Information Technology
Kevin Luce Information Technology
Attachment number 1 \nPage 1 of 1
Item # 18
VENDORS Attachment B E-Verify # SAVE Form Bid Price
Knology
3714 Wheeler Road
Augusta, GA 30909
A T & T
126 Chatham Parkway
Savannah, GA 31408
Cummins
102 Holley Hill Drive
North Augusta, SC 29841-
2431
CCU/Southeast Utilities
1020 Franke Industrial Drive
Augusta, GA 30909
Yes 241608 Yes $434,342.00
RLM Communications
4132 Madeline Drive
Augusta, GA 30909
NetPlanner
4808 Technology Drive
Martinez, GA 30907
Re-Bid Opening
Re-Bid Item #13-173A
Dark Fiber Optic Installation
for Augusta, Georgia – Information Technology Department
Re-Bid Due: Friday, August 9, 2013 @ 11:00 a.m.
Page 1 of 1
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
2
\
n
P
a
g
e
1
o
f
1
It
e
m
#
1
8
ATTN: MICHAEL LAMAR
KNOLOGY
3714 WHEELER ROAD
AUGUSTA, GA 30909
ATTN: SHELLY FIELDS
A T & T
126 CHARHAM PARKWAY
SAVANNAH, GA 31408
ATTN: JIM HAYWOOD
CUMMINS
102 HOLLEY HILL DRIVE
NORTH AUGUSTA, SC 29841-2431
ATTN: MARK BENNETT
CCU
1020 FRANKE INDUSTRIAL DRIVE
AUGUSTA, GA 30909
ATTN: TODD OSGOOD
NETPLANNER
4808 TECHNOLOGY DRIVE
MARTINEZ, GA 30907
RLM COMMUNICATIONS
4132 MADELINE DRIVE
AUGUSTA, GA 30909
TAMEKA ALLEN
INFORMATION TECHNOLOGY KEVIN LUCE
INFORMATION TECHNOLOGY GARY HEWITT
INFORMATION TECHNOLOGY
Re-Bid Item 13-173A
Dark Fiber Optic Installation
For Information Technology
mailed 8/2/13
Re-Bid Item 13-173A
Professional Services for
Dark Fiber Optic Installation
For Information Technology
Re-Bid Due: Fri. 8/9/13 @ 11:00 a.m.
Attachment number 3 \nPage 1 of 1
Item # 18
Attachment number 4 \nPage 1 of 1
Item # 18
Commission Meeting Agenda
1/21/2014 2:00 PM
Homeland Security Grant
Department:Clerk of Commission
Caption:Motion to approve accepting Homeland Security Grant of
$20,000 and authorizing the Mayor to execute acceptance
documents. (Approved by Public Safety Committee January
13, 2014)
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 38
Item # 19
Attachment number 1 \nPage 2 of 38
Item # 19
Attachment number 1 \nPage 3 of 38
Item # 19
Attachment number 1 \nPage 4 of 38
Item # 19
Attachment number 1 \nPage 5 of 38
Item # 19
Attachment number 1 \nPage 6 of 38
Item # 19
Attachment number 1 \nPage 7 of 38
Item # 19
Attachment number 1 \nPage 8 of 38
Item # 19
Attachment number 1 \nPage 9 of 38
Item # 19
Attachment number 1 \nPage 10 of 38
Item # 19
Attachment number 1 \nPage 11 of 38
Item # 19
Attachment number 1 \nPage 12 of 38
Item # 19
Attachment number 1 \nPage 13 of 38
Item # 19
Attachment number 1 \nPage 14 of 38
Item # 19
Attachment number 1 \nPage 15 of 38
Item # 19
Attachment number 1 \nPage 16 of 38
Item # 19
Attachment number 1 \nPage 17 of 38
Item # 19
Attachment number 1 \nPage 18 of 38
Item # 19
Attachment number 1 \nPage 19 of 38
Item # 19
Attachment number 1 \nPage 20 of 38
Item # 19
Attachment number 1 \nPage 21 of 38
Item # 19
Attachment number 1 \nPage 22 of 38
Item # 19
Attachment number 1 \nPage 23 of 38
Item # 19
Attachment number 1 \nPage 24 of 38
Item # 19
Attachment number 1 \nPage 25 of 38
Item # 19
Attachment number 1 \nPage 26 of 38
Item # 19
Attachment number 1 \nPage 27 of 38
Item # 19
Attachment number 1 \nPage 28 of 38
Item # 19
Attachment number 1 \nPage 29 of 38
Item # 19
Attachment number 1 \nPage 30 of 38
Item # 19
Attachment number 1 \nPage 31 of 38
Item # 19
Attachment number 1 \nPage 32 of 38
Item # 19
Attachment number 1 \nPage 33 of 38
Item # 19
Attachment number 1 \nPage 34 of 38
Item # 19
Attachment number 1 \nPage 35 of 38
Item # 19
Attachment number 1 \nPage 36 of 38
Item # 19
Attachment number 1 \nPage 37 of 38
Item # 19
Attachment number 1 \nPage 38 of 38
Item # 19
Commission Meeting Agenda
1/21/2014 2:00 PM
Motion to Approve Renewing Lease Between Augusta, Georgia and Unitarian Universalist Chuch of
Augusta for Fire Station 9
Department:Fire
Caption:Motion to approve Renewing Lease Between Augusta, Georgia
and Unitarian Universalist Chuch of Augusta for Fire Station 9.
(Approved by Public Safety Committee January 13, 2014)
Background:Fire Deaprtment has leased a strip of land adjacent to Fire Station
9 on Walton Way Expentsion for many years and wishes to extend
the lease for an additional three years as has been the custom
between the parties. This lease allows the fire engines to drive
around the building to pull in rather than to back in off of a
congested Walton Way Extension.
Analysis:
Financial Impact:
Alternatives:Deny
Recommendation:Approve
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 20
STATE OF GEORGIA )
)
RICHMOND COUNTY )
LEASE AGREEMENT FOR
3501 WALTON WAY EXTENSION (FIRE STATION NO. 9)
AUGUSTA, GEORGIA This Lease Agreement (“Agreement”), effective as of the date of last signature hereto, is made and entered into by and between the Unitarian Universalist Church of Augusta (“Lessor”), and Augusta, Georgia, a political subdivision of the State of Georgia, acting by and through the Augusta/Richmond County Commission (“Lessee”). Lessor and Lessee may also be referred to individually as a “Party” and jointly as the “Parties.” Whereas, Lessee desires to lease from Lessor that portion of Lessor’s property described herein as the Demised Premises. Whereas, Lessee is willing to lease the Demised Premises in exchange for the monetary and other consideration consisting of Lessee’s obligations under this Agreement. Now, therefore, in exchange for their mutual good and valuable consideration, the receipt and sufficiency of which each Party acknowledges, and intending to be legally bound, Lessor and Lessee agree as follows: 1. Lessor hereby leases to Lessee for a term beginning on January 1, 2014 and lasting through and including December 31, 2016, the following described property (“Demised Premises”), to-wit: All that lot or strip of land, lying and being on the East side of Walton Way Extension in Richmond County, Georgia, consisting of 0.16 acre, and being shown and designated as Tract “B” on a plat designated “Walton Way Fire Station”, dated May, 1982, prepared by Charles T. Alexander, Registered Surveyor, said plat attached hereto and incorporated herein. Reference being made to said plat for a more accurate and complete description as to the metes, bounds, courses, distances and location of said property. 2. The Lessee agrees to pay the Lessor a rent for the Demised Premises in the sum of Three Thousand, Six Hundred Dollars ($3,600.00), payable in increments of One Thousand Dollars, Two Hundred Dollars ($1,200) for each calendar year of this Agreement, each such incremental rental payment being due and payable in full as of January 31st of each calendar year. 3. The Lessee shall have the right to, at its expense, pave the Demised Premises and, except as otherwise provided elsewhere within this Agreement, shall have the right to use the Demised Premises for the purpose of parking vehicles of Lessee and vehicles of Lessee’s employees. 4. The Lessee agrees that all pavement on the Demised Premises shall be done in such a manner as not to interfere with the access of Lessor to the Demised Premises and to the remaining property of Lessor. Lessor shall have the right of free access to the Demised Premises. 5. No improvements other than pavement shall be construed or erected by Lessee upon the Demised Premises without the written consent of Lessor. 6. In the event that Lessor should abandon, sell or cease to use as a fire station its property that is located adjacent to the Demised Premises then, any successor or assign to Lessee’s interests shall be subject to this Agreement. In the event that Lessee should abandon, sell or cease to use as a Church its property that is located adjacent to the Demised Premises then, any successor or assign to Lessee’s interests shall be subject to this Agreement. 7. Lessee agrees that Lessor and its members have priority without notice to park upon the Demised Premises during each Sunday between the hours of 8:00 a.m. and 2:00 p.m.; and, Lessor further has priority to park automobiles upon the Demised Premises at such other times and dates as Lessor or any one of its members or agents gives notice to any employee at the Richmond County Fire Station located adjacent to this Demised Premises, and provided that said notice is no less than twenty-four (24) hours in advance. The mailing by Lessor to Lessee of Lessor’s monthly Church Bulletin containing Lessor’s monthly schedule shall satisfy this notice requirement. 8. Lessee shall, at its expense: (i) maintain the painted angular parking lines, which lie on the Demised Premises adjacent to Lessor’s remaining property, in good order and repair; (ii) maintain, in good order and
Attachment number 1 \nPage 1 of 2
Item # 20
repair, each of the existing signs posted near these parking spaces which notify the availability of the parking spaces for use by Lessor’s members and guests; (iii) ensure that neither these parking spaces nor the two means of access between the Demised Premises and Lessor’s remaining property are in any manner obstructed; and (iv) be responsible for maintenance and repair of the Demised Premises. 9. Lessee may, upon the provision of written notice delivered to Lessor by June 30th of a calendar year, terminate this Agreement, without penalty and with no further rental payments due, beginning January 1st of the immediately following calendar year. Lessee’s termination hereunder shall in no manner affect rental payments Lessee has made, or was obligated by the terms of this Agreement to have made, prior to the date of such termination notice. The Parties acknowledge and agree that Lessee’s limited right hereunder to terminate this Agreement is to ensure that Lessee is not penalized in the event it abandons, sells or ceases to use the fire station or Demised Premises; such limited termination right shall not exist or extend to Lessee actions to condemn the Demised Premises under eminent domain authority or otherwise. A Lessee termination will be deemed to have been for the purpose of condemnation in the event Lessee exercises its termination rights hereunder and then pursues such a condemnation on any date prior to January 1, 2017. 10. During the term of this Agreement, Lessor shall possess a Right of First Refusal to all of Lessee’s property used as a fire station at Walton Way Extension and Lessee shall possess a Right of First Refusal to all of Lessor’s property used as a Church at Walton Way Extension. Such Right shall exist as follows: a. Should the decision-making bodies of Lessor (a majority vote of a quorum of its membership) or Lessee (six (6) affirmative votes when a quorum is present of the Augusta/Richmond County Commission), respectfully, vote to accept an offer for the sale or transfer of their interests in the property subject to this Right then, notice of the sale or transfer, together with the purchase price and the substantive terms of sale, shall be promptly communicated in writing to the other Party, delivered certified U.S. mail, return receipt requested. b. The Party receiving the notice shall have thirty (30) days from the date of its receipt of the notice to communicate its irrevocable decision to purchase the disclosing Party’s property for the same price and substantive terms as the offer the disclosing Party has voted to accept. Should the receiving Party respond that it will not purchase the disclosing Party’s property or fail to respond within the prescribed time limit, the disclosing Party shall be free to sell or transfer its property consistent with its decision and without encumbrance from, or further obligation of any kind to, the other Party. 11. Absent an earlier termination accomplished pursuant to Lessee’s above limited termination rights, representatives of Lessor and Lessee shall meet before or during the third quarter of calendar year 2016 for the purpose of negotiating a follow-on lease agreement. IN WITNESS WHEREOF, the parties hereto have caused the execution of these presents by their duly authorized officers. Lessor: Unitarian Universalist Church of Augusta Lessee: Augusta, Georgia By: By:
Randall Raymond, President Date Deke Copenhaver, Mayor Date
SIGNED, SEALED AND DELIVERED
in the presence of: Attest: Clerk of Commission
_______________________________
_______________________________
Notary Public, State of Georgia
My Commission Expires: ________
Attachment number 1 \nPage 2 of 2
Item # 20
Commission Meeting Agenda
1/21/2014 2:00 PM
Purchase of 6.45 Acres from the State of Georgia Surplus Property Commission for use by the Richmond
County Sheriff's Office
Department:Richmond County Sheriff's Office
Caption:Motion to approve a request from the Richmond County Sheriff's
Office (RCSO) to use funds from its asset forfeiture funds to
purchase 6.45 acres from the State of Georgia Surplus Property
Commission to use for an annex to the RCSO South Precinct.
(Approved by Public Safety Committee January 13, 2014)
Background:RCSO has located property near the South Precinct located on
Mike Padgett Highway where it would locate the agency's Special
Operations Division. Currently the division which consist of the
Narcotics Unit, Crime Suppression Units, and Housing Units are
located in different buildings. Placing all these units in one
location would enable better planning and coordination of
operations by these units. RCSO located 6.45 acres that belong to
the State of Georgia currently near South Precinct. This property
and buildings were the former Augusta Alcohol and Drug
Rehabilitation Center and are valued at no less than $300,000.
This property would serve the needs of the RCSO Special
Operations Division. RCSO will pay the State of Georgia
$50,000.00 for the land and buildings, using funds from it asset
forfeiture account for the purchase.
Analysis:
Financial Impact:RCSO will use funds from it's asset forfeiture account to purchase
the 6.45 acres from the State of Georgia Surplus Property
Commission.
Alternatives:None
Recommendation:Allow RCSO to Purchase the 6.45 acres from the State of
Georgia.
Funds are Available Cover Memo
Item # 21
in the Following
Accounts:RCSO has the funding available in forfeiture fund 211
REVIEWED AND APPROVED BY:
Cover Memo
Item # 21
Attachment number 1 \nPage 1 of 5
Item # 21
Attachment number 1 \nPage 2 of 5
Item # 21
Attachment number 1 \nPage 3 of 5
Item # 21
Attachment number 1 \nPage 4 of 5
Item # 21
Attachment number 1 \nPage 5 of 5
Item # 21
Commission Meeting Agenda
1/21/2014 2:00 PM
2013 - Riverwalk Truck
Department:Finance - Fleet Management
Caption:Motion to approve the replacement of 1 mini pickup truck for
Recreation Department-Riverwalk Division. (Approved by
Finance Committee January 13, 2014)
Background: The Recreation Department-Riverwalk Division would like to
request the replacement of one (1) mini pickup truck. The current
truck, asset number 203036 is a 2002 Cushman mini truck and has
extreme wear and tear due to the age and usage. Also parts are
becoming very difficult to obtain, having to search on-line salvage
yards to obtain parts. The mini truck is esential in maneuvering
in the many tight areas around the Riverwalk area and due to its
lighter weight, it can also ride on surfaces where a standard truck
cannot go. In addition, the mini truck has a scissor lift bed that
raises which enables the employees to reach and change out
certain light bulbs and access a higher position for various
maintenance projects such as pruning trees, etc. Fleet
Management recommends the replacement of this vehicle.
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 a quote back from 1 vendor, the results are
provided as an attachment. Bid 13-189A
Financial Impact:The min-truck will be purchased for $23,291.00. Funding for the
purchase of this equipment will be through the use of the 2013
capital outlay funds.
Alternatives:1, Approve the request 2. Do not approve the request.
Recommendation:Approve the request for the purchase of 1 mini pickup truck and
declare the turn in mini-truck as surplus and available for auction.
Funds are Available Cover Memo
Item # 22
in the Following
Accounts:272-01-6440/54-22210 - Capital Outlay
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 22
Attachment number 1 \nPage 1 of 1
Item # 22
Attachment number 2 \nPage 1 of 1
Item # 22
Invitation to Bid
Sealed bids will be received at this office on Friday, September 13, 2013 @ 11:00 a.m. for furnishing:
Bid Item 13-189 Mini Pickup Truck 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, August
23, 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 August 1, 8, 15, 22, 2013
Metro Courier August 7, 2013
Revised: 3/7/2013
Attachment number 3 \nPage 1 of 1
Item # 22
Attachment number 4 \nPage 1 of 1
Item # 22
ATTN: DAN WOODLIFF
WOODLIFF OFF-ROAD TRUCKS
104 HILL STREET
POPULAR GROVE, IL 61065
ATTN: MIKE MASTERS
HARRY LEWIS CHRYSLER DODGE JEEP
196 ALABAMA BLVD
JACKSON, GA 30233
ATTN: JOEY HOPKINS
AUGUSTA KAWASAKI/SUZUKI
2531 PEACH ORCHARD RD
AUGUSTA, GA 30906
RSM & ASSOCIATES, INC.
4107 W MICHIGAN AVE
JACKSON, MI 49202
TRANSPORTATION SOLUTIONS
P. O. BOX 2326
629 COMMERCE COURT
EVANS, GA 30809
ATTN: MIKE REEVES
POLARIS AMERICA OF AUGUSTA
3125 WASHINGTON ROAD
AUGUSTA, GA 30907
ATTN: RICK CHILDS
BOBBY JONES FORD
3480 WRIGHTSBORO ROAD
AUGUSTA, GA 30909
ATTN: ROBERT BURTNER
ALLAN VIGIL FORD
6790 MOUNT ZION BOULEVARD
MORROW, GA 30260
ATTN: STEVE CANUP
HARDY FLEET GROUP
1249 CHARLES HARDY PKWY
DALLAS, GA 30157
ATTN: FLEET SALES
GORDON CHEVEROLET
2031 GORDON HIGHWAY
AUGUSTA, GA 30909
ATTN: BENNIE WALDROP
LEGACY FORD, INC
413 INDUSTRIAL BOULEVARD
MCDONOUGH, GA 30253
ATTN: MAC MCALLISTER
THOMSON CHRYSLER DODGE JEEP
2158 WASHINGTON ROAD
THOMSON, GA 30824
ATTN: ALLEN JOLLY
TERRY CULLEN SOUTHLAKE
CHEVROLET
1250 BATTLE CREEK ROAD
JONESBORO, GA 30236
ATTN: ROZ IECENHOUR
AKINS CHRYSLER DODGE FORD
220 WEST MAY STREET
WINDER, GA 30680
ATTN: PETE BARNETT
LANDMARK CHRYSLER DODGE JEEP
6850 MOUNT ZION BLVD
MORROW, GA 30260
ATTN: GLENN PETERSON
ED VOYLES AUTOMOTIVE GROUP
789 COBB PARKWAY SE
MARIETTA, GA 30060
Ron Crowden
Fleet Management Russell Sanders
Fleet Management
Yvonne Gentry
LSBOP
3rd Floor
Municipal Building
Re-Bid Item 13-189A Mini Pickup
Truck mailed September 24, 2013
Re-Bid Item 13-189A
Mini Pickup Truck
For Fleet Management
Re-Bid Due: Fri 10/11/13@ 11:00 a.m.
Attachment number 5 \nPage 1 of 1
Item # 22
Attachment number 6 \nPage 1 of 1
Item # 22
Attachment number 7 \nPage 1 of 2
Item # 22
Attachment number 7 \nPage 2 of 2
Item # 22
Commission Meeting Agenda
1/21/2014 2:00 PM
Commercial Property Insurance Renewal 2014
Department:Finance/Risk Management Division
Caption:Motion to approve property insurance coverage for 2014 offered
through Affiliated FM, current carrier, for a premium of $428,000
for full blanket coverage including terrorism coverage and limited
flood coverage. (Approved by Finance Committee January 13,
2014)
Background:Dawson & Taylor Insurance Agency seeks annual quotes from the
insurance market for “all risk” coverage on buildings and
contents. Quotes are obtained from only carriers with an A or
better rating. There were eight companies which responded with
quotes or declinations to quote. Affiliated FM was the low bidder
and is providing greater coverage for the exposure. Current
coverage carries a $50,000 deductible per occurrence except for
flood and earthquake. Please see attachment for quote summary
and list of declinations. Insurers providing coverage quotes were
Affiliated FM Insurance and Travelers Insurance. Six insurers
declined to quote coverage for various reasons. These insurers are
Philadelphia Insurance, Schinnerer/CNA, Lexington (Chartis),
Liberty Mutual, Great American Insurance and Chubb Insurance.
Analysis:
Financial Impact:2014 Breakdown on quote based on $719,161,044 property value:
$396,000 full blanket coverage (does not include flood coverage)
and $12,000 terrorism coverage. At an additional cost, $5,000,000
is offered in flood coverage for an additional premium of $20,000
and deductible of $500,000. If Commission elects to accept flood
coverage total premium is $428,000. Current quote from
Affiliated, like last year, includes the changes in the flood
coverage due to the action of the Corps of Engineers. In 2012
flood coverage was $100,000,000 in property value with $100,000
deductible and no additional premium. Under renewal policy, as in
2013, coverage is offered for $5,000,000 in property value with
$500,000 deductible on flood for an additional premium of
$20,000. Reason for significant change is due to Corps of
Engineers’ rating levee as “unacceptable” in 2010. Cover Memo
Item # 23
Alternatives:1. Drop coverage and retain risk 2. Reduce premium by only
insuring those property representing the largest losses should an
event damage these structures (Municipal Building, Law
Enforcement Center, Judicial Center, RCCI, etc.) 3. Elect not to
accept flood coverage saving $20,000.
Recommendation:Approve insurance coverage for 2014 through Affiliated FM for
premium of $428,000 which includes flood coverage. Effective
date of coverage is February 1, 2014 through February 1, 2015.
Funds are Available
in the Following
Accounts:
611-01-5212 General Insurance - Risk Management
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 23
Attachment number 1 \nPage 1 of 15
Item # 23
Attachment number 1 \nPage 2 of 15
Item # 23
Attachment number 1 \nPage 3 of 15
Item # 23
Attachment number 1 \nPage 4 of 15
Item # 23
Attachment number 1 \nPage 5 of 15
Item # 23
Attachment number 1 \nPage 6 of 15
Item # 23
Attachment number 1 \nPage 7 of 15
Item # 23
Attachment number 1 \nPage 8 of 15
Item # 23
Attachment number 1 \nPage 9 of 15
Item # 23
Attachment number 1 \nPage 10 of 15
Item # 23
Attachment number 1 \nPage 11 of 15
Item # 23
Attachment number 1 \nPage 12 of 15
Item # 23
Attachment number 1 \nPage 13 of 15
Item # 23
Attachment number 1 \nPage 14 of 15
Item # 23
Attachment number 1 \nPage 15 of 15
Item # 23
Commission Meeting Agenda
1/21/2014 2:00 PM
11th Street Bridge over Augusta Canal- Bridge Repair & Restoration (Bid Item – 13-199)- Contract
Award
Department:Abie Ladson, Director
Caption:Motion to approve award of Design Consultant Contract to Civil
Service, Inc. (CSI) in the amount of $132,811.62 for 11th Street
Bridge over Augusta Canal – Bridge Repair and Restoration,
subject to receipt of signed contracts and proper insurance
documents as requested by AED. (Approved by Engineering
Services Committee January 13, 2014)
Background:The 11th Street Bridge over Augusta Canal – Bridge Repair and
Restoration is a project fromthe “Approved Investment List” of
TIA that was approved by voters of the CSRA in July 31, 2012
referendum. The 11th Street Bridge is a Band 1 project that will
begin the design process once approved by the Augusta, Georgia
Commission.
Analysis:Proposals were evaluated on November 21, 2013 with Civil
Service, Inc being ranked the top firm. It is the recommendation of
the Engineering Department to award this project to Civil
Services, Inc.
Financial Impact:Funds are available in the TIA project budget account
numbers:371-04-1110. 11th Street Bridge over Augusta Canal -
Bridge Repair & Restoration in the amount of $160,000 in Design
and $493,845.58 in Construction.
Alternatives:1) Approve award of Design Consultant Contract to Civil Service,
Inc. (CSI) in the amount of $132,811.62 for 11th Street Bridge
over Augusta Canal – Bridge Repair and Restoration t, subject to
receipt of signed contracts and proper insurance documents as
requested by AED. 2) Do not approved, and abandon project.
Recommendation:Approve alternative # 1.
Cover Memo
Item # 24
Funds are Available
in the Following
Accounts:
TIA Project Funds - Fund 371
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 24
CONSULTANT SERVICES AGREEMENT
11th STREET BRIDGE OVER AUGUSTA CANAL
TIA PROJECT
ARC PROJECT NO.: XXX-XX-XXXX
GDOT PROJECT NUMBER: RC07-001224
BETWEEN
AUGUSTA, GA ENGINEERING DEPARTMENT
AND
CIVIL SERVICES INC., (CSI)
This Agreement is made and entered into this ______ day of _____________, 2013 by and
between Augusta, Georgia, hereinafter called the "CITY" and CIVIL SERVICES INC., a
Corporation authorized to do business in Georgia, hereinafter called the "CONSULTANT."
Whereas, the CITY desires to engage a qualified and experienced consulting firm to furnish
professional services:
Whereas, the CONSULTANT has represented to the CITY that it is experienced and qualified to
provide the services contained herein and the CITY has relied upon such representation.
Now, therefore, in consideration of the mutual promises and covenant herein contained, it is
agreed by and between the CITY and the CONSULTANT that the CONSULTANT shall provide the
design services of the Project.
to perform design and field engineering services for the
repair and restoration of the 11th Street Bridge over Augusta Canal.
Attachment number 1 \nPage 1 of 4
Item # 24
2
AED CSA - 11th Street Bridge over Augusta Canal (13-181)
DESIGN CRITERIA
The following publications shall be used as the basis for the engineering design services
contained herein: Georgia Department of Transportation Standard Manuals and Specifications
for the Construction of Roads and Bridges, current editions, and supplements thereto;
American Association of State Highway and Transportation Officials (AASHTO) Manuals for
Arterial Streets, Rural, Urban, and Interstate Highways, Manual of Uniform Traffic Control
Design, Development Documents, The Augusta Utilities Design Standards and Construction
Specifications, current edition.
The CONSULTANT shall gather from the CITY all available data and information pertinent to the
performance of the services for the Project. The CITY shall have the final decision as to what
data and information is pertinent
The CONSULTANT shall ensure that the data and information meet applicable standards as
specified herein.
The CONSULTANT shall report in writing any discovery of errors or omissions contained in the
data and information furnished by the CITY.
The CONSULTANT shall visit and become familiar with the Project site and shall become
acquainted with local conditions involved in carrying out this Agreement. The CONSULTANT
may request that a representative of the CITY be present during the site visit.
The CONSULTANT shall recommend and secure the CITY’s written approval of, the manner of
project plans presentation and the methods to be used in the plan preparation so that these
plans can be best utilized, as determined by the CONSULTANT and approved by the CITY, in the
orderly preparation of the detailed construction contract plans, specifications, and contracts.
The AED Plans Preparation Guidelines, current edition, shall be utilized in the production of
plans for the project. Upon receipt of the CITY’s written approval of the manner of the project
plan presentation and methods of plan preparation, the CONSULTANT shall proceed with
implementation of plan preparation.
Attachment number 1 \nPage 2 of 4
Item # 24
3
AED CSA - 11th Street Bridge over Augusta Canal (13-181)
AMOUNT OF CONTRACT
It is agreed that the compensation hereinafter specified to perform the services (see Scope of
Services) required by this Agreement includes both direct and indirect costs chargeable to the
project.
AUGUSTA ENGINEERING DEPARTMENT
Design & Engineering Services: $132,811.62
Attachment number 1 \nPage 3 of 4
Item # 24
4
AED CSA - 11th Street Bridge over Augusta Canal (13-181)
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written
below.
Executed on behalf of CCOONNSSUULLTTAANNTT
RECOMMEND FOR APPROVAL:
CONSULTANT FIRM: CITY OF AUGUSTA, GEORGIA:
_______________________________________ _______________________________
Consultant Firm Honorable Deke Copenhaver, Mayor
______________________________
Representative
Approved Date: ________________ Approved Date: _____________
[ATTACHED CORPORATE SEAL] [ATTACHED CORPORATE SEAL]
AATTTTEESSTT:: AATTTTEESSTT::
_______________________________ ____________________________
Title: ___________________________ Title: _______________________
Attachment number 1 \nPage 4 of 4
Item # 24
Augusta-Richmond County, Georgia
Bridge Repair and Restoration
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project is set up and authorized to CPB#N/A. This project consists of design
services for the 11th Street Bridge over the Augusta Canal Bridge Repair and
Restoration. Also award the Design Consultant Constract to Civil Service, Inc. (CSI)
in the amount of $132,811.62.
Funding is available in TIA project budget account numbers:
$80,000 in Design and $493,845.58 in Construction.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
80,000$
493,845$
573,845$
Section 3: 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
_________________________________________________
Honorable Deke Copenhaver, Mayor
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CPB#N/A
CAPITAL PROJECT BUDGET
11th StreetBridge over the Augusta Canal
TIA Design
TIA Construction
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 of 6 12.12.2013
Attachment number 2 \nPage 1 of 6
Item # 24
Augusta-Richmond County, Georgia CPB#N/A
CAPITAL PROJECT BUDGET
11th StreetBridge over the Augusta Canal
2 of 6 12.12.2013
Attachment number 2 \nPage 2 of 6
Item # 24
Augusta-Richmond County, Georgia CPB#N/A
CAPITAL PROJECT BUDGET
11th StreetBridge over the Augusta Canal
CPB AMOUNT NEW
SOURCE OF FUNDS CPB CPB
TIA Discretionary Funds Design (80,000) (80,000)
235-04-1110-5212115/XXXXXX
TIA Discretionary Funds Construction (493,845) (493,845)
235-04-1110-5414110/XXXXXX
TOTAL SOURCES:(573,845) (573,845)
USE OF FUNDS
ENGINEERING
235-04-1110-5212115/XXXXXXX 80,000 53,000 133,000
ROADS
235-04-1110-5414110/XXXXXXX 493,845 (53,000) 440,845
TOTAL USES:573,845 573,845
3 of 6 12.12.2013
Attachment number 2 \nPage 3 of 6
Item # 24
Restoration. Also award the Design Consultant Constract to Civil Service, Inc. (CSI)
xecution. For information
4 of 6 12.12.2013
Attachment number 2 \nPage 4 of 6
Item # 24
5 of 6 12.12.2013
Attachment number 2 \nPage 5 of 6
Item # 24
6 of 6 12.12.2013
Attachment number 2 \nPage 6 of 6
Item # 24
Request for Proposal
Request for Proposals will be received at this office until Wednesday, October 23, 2013 @ 11:00 a.m. for
furnishing:
RFP Item #13-199 11th Street Bridge Over Augusta Canal for Engineering 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.
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, October
11, 2013 @ 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.
Request for proposals (RFP) and specifications. An RFP 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.
Proponents 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 proponent at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle September 19, 26, October 3, 10, 2013
Metro Courier September 25, 2013
Revised: 3/5/2013
Attachment number 3 \nPage 1 of 1
Item # 24
VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies Addendum 1 Fee
Proposal
Moreland Altobelli Asso
2211 Beaver Ruin Road
Norcross, GA 30071
Yes 53328 Yes Yes Yes Yes Yes
Cranston Engineering
452 Ellis Street
Augusta, GA 30901
Yes 64684 Yes Yes Yes
No
Non-
Compliant
Yes
ZEL Engineers
435 Telfair Street
Augusta, GA 30901
Heath & Lineback
Engineers
2390 Canton Rd.,
Building 200
Marietta, GA 30066
Yes 64937 Yes Yes Yes Yes Yes
Hatch Mott MacDonald
2550 Hertage Ct., SE
Suite 250
Atlanta, GA 30339
Yes 172981 Yes Yes Yes Yes Yes
Civil Services, Inc
851 Laney Walker Blvd
Augusta, GA 30901
Yes 387871 Yes Yes Yes Yes Yes
KSGW
2500 Northwinds
Parkway
Suite 250
Alpharetta, GA 30006
Yes 177771 Yes Yes Yes Yes Yes
RFP Opening
RFP Item #13-199
11th Street Bridge over The Augusta Canal
for Augusta, Georgia - Engineering Department
RFP Due: Wednesday, October 23, 2013 @ 11:00 a.m.
Page 1 of 1
Attachment number 4 \nPage 1 of 1
Item # 24
Evaluation Criteria PTS
Moreland Altobelli Assoc
2211 Beaver Ruin Road
Norcross, GA 30071
Heath & Lineback Engin
2390 Canton Road
Building 200
Marietta, GA 30066-5393
Hatch Mott MacDonald
2550 Hertage Ct., SE
Suite 250
Atlanta, GA 30339
Civil Services, Inc
851 Laney Walker Blvd
Augusta, GA 30901
KSGW
2500 Northwinds Parkway
Suite 250
Alpharetta, GA 30006
1) Qualifications of Company 15 11.7 13.3 11.3 14.0 10.7
2) Qualifications and experience of key
professionals that will be assigned to the
project
25 21.7 21.0 20.0 22.0 18.0
3) Specific relevant experience of your
company 15 13.0 14.0 12.7 14.7 11.0
4) A detailed description of the
proposed technical approach to be taken
for the performance of the required
services for each bridge.
20 18.0 18.3 13.3 19.3 11.7
5) Submit a conceptual project
schedule for each bridge (Note: The
critical path method (CPM) should be
used including milestones, tasks and sub-
tasks.
10 9.3 9.3 9.0 9.7 1.7
6) References (include specific
individuals with addresses and telephone
numbers
5 4.3 4.3 4.0 4.7 4.0
7) Proximity to Area
• Within Richmond County 5 pts
• Within CSRA 4 pts
• Within Georgia 3 pts
• Within SE United States (includes AL,
TN, NC, SC, FL) 2 pts
• All Others 1 pt.
5 3.0 3.0 3.0 5.0 3.0
8) Proposed Fee (include hourly cost
per individual to be included in the
proposal)
• Lowest 5 points
• Second 4 points
• Third 3 points
• Fourth 2 points
• Highest 1 point
5 4.0 5.0 3.0 2.0 1.0
Total 100 85.0 88.3 76.3 91.3 61.0
Evaluation Sheet
RFQ Item #13-199
11th Street Bridge Over The Augusta Canal
for Augusta, Georgia - Engineering Department
Attachment number 5 \nPage 1 of 1
Item # 24
Attachment number 6 \nPage 1 of 3
Item # 24
Attachment number 6 \nPage 2 of 3
Item # 24
Attachment number 6 \nPage 3 of 3
Item # 24
Attachment number 7 \nPage 1 of 5
Item # 24
Attachment number 7 \nPage 2 of 5
Item # 24
Attachment number 7 \nPage 3 of 5
Item # 24
Attachment number 7 \nPage 4 of 5
Item # 24
Attachment number 7 \nPage 5 of 5
Item # 24
Commission Meeting Agenda
1/21/2014 2:00 PM
Acquisition of permanent easement and temporary easement to Richmond County, Georgia from Robert
J. Ellis.
Department:Law
Caption:Motion to authorize condemnation to acquire title of a portion of
property for permanent easement and temporary easement, (Parcel
053-0-035-01-0) 3734 Belair Road. (Approved by Engineering
Services Committee January 13, 2014)
Background:The City cannot determine clear title, as the property will be sold
at a Sheriff’s Auction, and the person holding the Sheriff’s Deed
could not sign for the property, therefore the City 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 443 square feet of
permanent easement and 762 square feet of temporary easement.
The appraised value is $447.00.
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:
FUDNS 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 # 25
Administrator.
Clerk of Commission
Cover Memo
Item # 25
Attachment number 1 \nPage 1 of 1
Item # 25
Commission Meeting Agenda
1/21/2014 2:00 PM
Acquisition of the entire parcel to Richmond County, Georgia from Ralph B. Utley.
Department:Law
Caption:Motion to authorize condemnation to acquire title of the entire
parcel, (Parcel 087-2-123-00-0) 2043 Walnut Street.(Approved
by Engineering Services Committee January 13, 2014)
Background:Despite repeated efforts, the City has been unable to reach an
agreement with Ralph B. Utley and therefore seeks to acquire title
through condemnation. In order to proceed and avoid further
project delays, it is necessary to condemn the entire property. The
required property consists of 7,500 square feet. The appraised
value is $27,500.00.
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 INTHE FOLLOWING
ACCOUNTS: G/L 328-041110-52.12122 J/L 212828203-
52.12122
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 26
Attachment number 1 \nPage 1 of 1
Item # 26
Commission Meeting Agenda
1/21/2014 2:00 PM
Acqusition of Right-of-Way -Windsor Spring Road Project - Williams
Department:Law
Caption:Motion to authorize condemnation to acquire right of way,
permanent construction and maintenance easement and one
temporary driveway easement (Parcel 227-0-035-00-0) 4755
Windsor Spring Road.(Approved by Engineering Services
Committee January 13, 2014)
Background:The City has been unable to reach all of the property owners and
heirs listed on the property. In order to proceed and avoid further
project delays, it is necessary to condemn a portion of the subject
property. The required property consists of 3,755.03 square feet
of right of way, 2,103.20 square feet of permanent construction
and maintenance easement and one temporary driveway
easement. The appraised value is $16,300.00.
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 323041110-52.12122 J/L 299823786-52.12122
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Cover Memo
Item # 27
Clerk of Commission
Cover Memo
Item # 27
Attachment number 1 \nPage 1 of 1
Item # 27
Commission Meeting Agenda
1/21/2014 2:00 PM
Approve award of Bid Item 13-196, Front Load Services, to Inland Services
Department:Environmental Services
Caption:Motion to approve award of Bid Item 13-196, Front Load
Services, to Inland Services.(Approved by Engineering Services
Committee January 13, 2014)
Background:The Environmental Services Department (ESD) provides front-
load dumpster services to Augusta-owned facilities such as
Recreation centers, administrative offices, Fire Department
locations, and the Richmond County Sheriff’s Office locations;
Housing Authority complexes, and some residential locations
where traditional household cans would not be practicable. The
municipal services have been in place for at least the past 10 years
and include locations such as the municipal building, judicial
center, recreation centers, fire departments, and other municipal
locations. The Housing Authority is provided services based upon
a Cooperation Agreement that is dated November 26, 1949. This
Agreement states that the City shall provide without cost or
charge, other than Payments in Lieu of Tax, for public services,
including garbage, trash and ash collection and disposal. Further,
there are some condominium complexes which are in locations
which simply do not have room for each customer to have a
household and a recycle container. The customers pay solid waste
fees, but their services are in the form of a front-load container
instead of roll-cart. All told, there are approximately 120 front-
load containers that ESD is providing and servicing multiple times
per week via contractor.
Analysis:ESD, through the Procurement Department, placed the above
work out to bid. There were three compliant vendors, and it has
been determined that Inland Services can provide the specified
requirements of the bid at the lowest price while also using
collection vehicles fueled by compressed natural gas and utilizing
local small business participation. It is therefore the
recommendation of ESD that the contract for these services be
awarded to Inland Services. In addition to the base bid package,
Inland Services has also proposed the option of servicing some of
the smaller facilities with carts instead of dumpsters; which
becomes a more economical choice for the departments.
Cover Memo
Item # 28
Financial Impact:The current monthly cost of this service with Advanced Disposal
is $33,331.00. The proposed monthly cost, as bid by Inland
Services, is $29,805.00. This number will fluctuate as buildings
and departments alter, cancel, or add service. Adequate funds are
available from 542-04-4110/52.22110
Alternatives:1. Approve the award of bid item 13-196, Front Load Services, to
Inland Services 2. Do not approve the award.
Recommendation:Approve the award of bid item 13-196, Front Load Services, to
Inland Services
Funds are Available
in the Following
Accounts:
Adequate funds are available from 542-04-4110/52.22110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 28
P a g e | 1
Frontload Services
Augusta, GA
AUGUSTA, GEORGIA FRONTLOAD SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is effective as of the day of _______________, 2014 (the
"Effective Date"), with the first day of service being March 1, 2014(the “Starting Date”) by and between
Augusta, Georgia, a political subdivision of the state of Georgia (hereinafter referred to as the "Augusta"),
and Inland Service Corporation an Oklahoma corporation doing business as Inland Service
Corporation (hereinafter referred to as "Contractor").
WHEREAS, Augusta, Georgia owns and operates a Subtitle D and inert landfill known as Deans Bridge
Road Landfill; and
WHEREAS, the Deans Bridge Road Landfill is the destination for the Waste to be collected under this
Agreement; and
WHEREAS, Augusta desires the Contractor to provide frontload services; and
WHEREAS, Augusta desires the Contractor to provide vehicles that operate solely on compressed natural
gas (hereinafter referred to as “CNG”); and
WHEREAS, Augusta desires to provide the Contractor with CNG; and
WHEREAS, the Contractor agrees to purchase CNG from Augusta, if CNG assets are utilized; and
WHEREAS, all parties hereto desire to set forth the rights and obligations of the parties in this
Agreement.
NOW, THEREFORE, in consideration of the promises, the mutual premises and the compensation as
defined below and other good and valuable consideration, the parties hereto hereby agree as follows:
SECTION 1 - DEFINITIONS
For the purpose of this frontload services contract, hereinafter referred to as "Contract", the definitions
contained in this Section shall apply unless otherwise specifically stated. When not inconsistent with the
context, words used in the present tense include the future, words in the plural include the singular, and
words in the singular include the plural. To the extent the definitions contained herein conflict with
similar definitions in any federal, state or local law, the definition in the contract shall prevail. Use of the
masculine gender shall include the feminine gender. The word "shall" is always mandatory and not
merely discretionary.
Augusta means Augusta, Georgia, or its authorized agent(s).
Contract means this Agreement as executed for the provision of frontload services in Augusta, including
all of the provisions, responsibilities, procedures, remedies, and attachments without exception.
Contract Administrator means Augusta’s Environmental Services Director, or designee, assigned to
administer this Contract on behalf of Augusta.
Contract Term means the duration of the Contract, measured from the Starting Date as set forth in this
Agreement.
Attachment number 1 \nPage 1 of 37
Item # 28
P a g e | 2
Frontload Services
Augusta, GA
Customer means the recipient of frontload services within Augusta, provided through this Contract.
Damages means agreed to, actual, compensatory, consequential, continuing, direct, irreparable, punitive,
presumptive, proximate and/or rescissory damages incurred by Augusta, the payment of which shall not
be an exclusive remedy.
Designated Disposal Facility means a facility to which Waste collected under the Contract must be
delivered.
Designated Recycling Facility means a materials recovery facility or transfer station selected by Augusta
for delivery of Recycling collected under this Contract.
Hazardous Waste means waste, in any amount, which is defined, characterized, or designated as
hazardous by the United States Environmental Protection Agency or appropriate State agency by or
pursuant to federal or state law, or waste, in any amount, which is regulated under federal or state law; as
well as all waste defined as "Hazardous Waste" in this Agreement.
Hot Load means any vehicle carrying solid waste observed to be smoldering, smoking, on fire, giving off
odors, or leaking a caustic or corrosive substance.
Littering means allowing spilled or wind-blown materials to come from the vicinity of the Contractor's
truck hopper or to fall to the ground as the Containers are emptied.
Recycling means solid waste including but not limited to newsprint and inserts; junk mail, cardboard,
books and phone books, food packaging (not contaminated by food), magazines, paper bags and boxes;
plastic bottles and containers to include items labeled #1 and #2, plastic milk containers, detergent bottles
and plastic soft drink and liquor bottles; aluminum, steel, or tin cans; and other items determined to be
recyclable by Augusta. Augusta may amend this list from time to time.
Vehicle Leaks and Spills means leaks consisting of a constant drip of fluids or fluid spills that leave
visible puddles or "staining" upon the pavement. These fluids can be any of the motor fluids, hydraulic
fluids, or waste liquids from the compactor unit.
Waste means items discarded by the Customer, and placed for collection by the Contractor, which are not
intended to be recycled and are not considered Hazardous Waste
SECTION 2 - CONTRACT TERM AND COMMENCEMENT
2.1 Performance Commencement
The term of this Agreement shall commence on March 1, 2014, and terminate on December 31,
2019 (the “Initial Term”) unless this Agreement is terminated earlier by Augusta as herein
provided. This Agreement may be renewed for two (2) or more successive two (2) year terms
(the “Renewal Terms”) upon mutual agreement of the parties at the rates herein (as may be
adjusted as provided herein) no less than sixty (60) days prior to the expiration of the Initial Term
or the then current Renewal Term.
2.2 Transition prior to Commencement Date of this Contract
Contractor understands and agrees that the time between the formal Contract signing and March
1, 2014, is intended to provide the Contractor with sufficient time to, among other things, order
equipment, prepare necessary routing, and prepare to start services. Contractor shall be
Attachment number 1 \nPage 2 of 37
Item # 28
P a g e | 3
Frontload Services
Augusta, GA
responsible for the provision of all services beginning March 1, 2014. Accordingly, Contractor
shall provide services as set forth in this Contract no later than March 1, 2014.
2.3 Transition upon Expiration of this Contract
2.3.1 Continuation of Contractor’s Service
If Augusta does not exercise its right to renew this Contract or if there are no renewal
options remaining, Augusta will attempt to award a new agreement at least six (6) months
prior to the expiration of this Contract. In the event a new agreement has not been
awarded within such time frame, Contractor shall provide services to Augusta on a
month-to-month basis after the expiration of this Contract, at the then established rates, if
Augusta requests this service with at least thirty (30) days notice to the Contractor.
2.3.2 Schedule for Termination of Contractor’s Service
Prior to the termination of this Contract, Contractor shall work with Augusta to ensure
that there is no interruption or reduction of service when the Contractor ends its services
to Augusta. If a new contract is awarded to a company other than the Contractor, the
Contractor shall coordinate and cooperate with the newly selected company, as well as
Augusta, to minimize any disruptions in the service provided to the public.
SECTION 3 - GENERAL SERVICE REQUIREMENTS
3.1 Scope of Service
Commencing on the Starting Date, the Contractor shall provide frontload waste and recycling
services to locations identified by Augusta, in accordance with the requirements of this
Agreement at a container size and frequency requested by Augusta. Contractor’s services shall
include furnishing all labor, equipment, tools, fuel, material, insurance, supervision, and all other
items incidental to performing frontload waste and recycling services.
3.2 Waste and Recycling Services
The Contractor shall provide both waste and/or recycling services as requested by Augusta. The
Contractor shall provide a Container and services at locations identified by Augusta. The
Contractor shall service the Container at a frequency as specified by Augusta.
3.3 Waste and Recycling services Independent
Services are independent from each other, meaning some locations may have waste only, others
recycling only, while others may have both services.
3.4 Service Around Containers
The Contractor shall collect any spilled, residual or other waste in close proximity to the
Container. The Contractor shall leave the area neat and clean or waste and recyclables.
3.5 Extra Waste
Any extra waste found, which would be considered an extra charge, shall be photographed and e-
mailed to Augusta along with the physical address of the issue.
3.6 Corrals/Enclosures
The contractor is expected to open gates and doors to service containers within a corral. Once
service has been completed, the Contractor shall place container back win the corral/enclosure
and close all gates and doors.
Attachment number 1 \nPage 3 of 37
Item # 28
P a g e | 4
Frontload Services
Augusta, GA
3.7 Locks
If the dumpster is locked, the Contractor shall service the Container and re-lock the Container
upon the completion of services.
3.8 Route Audit
Between the Effective Date and the Starting Date, the Contractor shall provide a waste audit of all
locations proposed to have services under this Agreement. The audit at a minimum shall identify;
a. If the current service list is accurate and inclusive.
b. Ways to reduce the number of service days, in an effort to reduce cost.
c. Ways to reduce the number of container yards, in an effort to reduce cost.
d. Locations where recycling containers could be placed in an effort to reduce waste and cost.
e. Safety concerns related to frontload services.
Prior to ordering or placing containers, the Contractor shall meet with Augusta to discuss its
findings and alter services provided by the Contractor.
3.8.1 Continuous review
The Contractor, while servicing, shall continuously review the volume of waste and
recycling in the containers. The Contractor shall routinely propose service levels which
may improve the service level, or reduce the cost to Augusta based on the number of
collections, the size of the container as well as increased recycling efforts.
3.8.2 Augusta Route Audits
Augusta shall have the right to be a passenger in the collection vehicles for the purposes
of auditing routes and services.
3.9 Materials to be Collected
The Contractor shall provide collection of Waste and Recycling placed for collection in
accordance with the Collection Schedule, and as further described in this document.
3.9.1 Mixing
The Contractor shall not mix Recycling with any other material which is not recyclable
by Augusta’s recycling program.
3.9.2 Damages
If the Contractor collects Waste in the same load as Recycling, or collects Recycling in
the same load as Waste or otherwise contaminates the Recycling, the Contractor shall be
assessed Damages in the amount of one thousand dollars ($1,000) per incident and
Augusta may declare it an event of default.
3.10 Collection Service Frequency
The Contractor shall collect Waste and Recycling at a frequency requested by Augusta. Augusta
may amend the frequency of any location at its sole discretion.
3.11 Collection Days
Collection days will be coordinated with Augusta to minimize the impact to the Customers.
3.12 Hours of Collection
Generally, hours of service will be established by the Contractor. However, in residential areas,
services shall not commence prior to 7:00 a.m. and shall be completed prior to 7:00 p.m. There
Attachment number 1 \nPage 4 of 37
Item # 28
P a g e | 5
Frontload Services
Augusta, GA
will be facilities which may not be accessible at all hours, and the Contractor shall make
arrangements to provide services which accommodate Augusta.
3.13 Holiday Collection
The Contractor shall provide Collection Services on all legal holidays except New Years Day,
Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas. Collection services
shall be delayed one (1) day for each observed holiday. For example, if Friday is a holiday then
collections normally scheduled on Friday will be collected on Saturday.
3.14 Review of Damages Assessed
If Augusta assesses damages that the Contractor believes are not justified by the facts, the
Contractor will provide its evidence and schedule a meeting with the Contract Administrator to
review. If the matter is not resolved at the review meeting the Contractor may ask the Contract
Administrator (or his designee) in writing to review the record and make a determination as to the
amount of damages assessed. The Contract Administrator's review shall be made and a written
answer provided to the Contractor no later than ten (10) Augusta working days following the
receipt of the request for review by the Contract Administrator. Upon receipt of any decision
finding liability following the review, the amount of the damages for which liability is found may
be withheld by Augusta from the next payment due to Contractor without such withholding being
considered a breach of this Agreement.
3.15 Collection Impediments
A number of collection impediments may require special effort by the Contractor to provide
collection service. Collection impediments of any type, in any portion of the Service Area
including streets and alleys, shall not result in disruption of collection service. When conditions
require special efforts to complete collection service, the Contractor shall make these additional
efforts at no additional cost to Augusta.
3.15.1 Adverse Weather
If the impassability of the street or alley due to extreme weather conditions is anticipated
to last for only one or two scheduled collection days, Augusta may elect to delay
collection services until conditions improve. When this occurs, the Contractor shall
resume collection services on the next scheduled collection day.
3.15.2 Infrastructure Construction
Periodically major renovation is necessary to maintain the infrastructure of Augusta. This
renovation includes such activities as replacing gas, water, and sewer lines, surfacing or
resurfacing streets, and replacing wiring for telephone, electricity, or cable television. If
the Contract Administrator is notified in advance of these activities, the Department will
notify the Contractor. However, it is not uncommon for work to be initiated without prior
notification. Alternate collection service must be provided during this period of
disruption. Each circumstance must be evaluated individually to determine the
appropriate alternative. The Contractor shall notify Augusta of the nature of the
disruption, its location, and the Contractor's recommended alternative to provide service.
Augusta will either approve the alternative method or require the Contractor to use a
different collection method.
3.15.3 Materials Blocking the Street or Alley
When materials of any kind are placed in the street or alley in such a way that the
collection vehicle cannot proceed down the street or alley, the Contractor shall
Attachment number 1 \nPage 5 of 37
Item # 28
P a g e | 6
Frontload Services
Augusta, GA
immediately notify Augusta. Augusta will attempt to locate the individual responsible for
the material and have them remove it. However, if the responsible party cannot be located
immediately and Augusta determines that the amount of material is too large for the
Contractor to move or to collect, Augusta will remove the material blocking the street or
alley and the Contractor shall provide collection service as scheduled at no extra charge
to Augusta. If Augusta determines that the Contractor should collect the material, the
Contractor shall remove the material and provide collection service as scheduled at no
extra charge to Augusta.
3.15.4 Illegally Parked Vehicles
If an illegally parked vehicle blocks a street or alley, the Contractor must inform Augusta
of the situation and request removal of the vehicle. Removal of the vehicle usually occurs
in a matter of hours, thus collection must be provided on the scheduled day. If the vehicle
is not removed by the end of the collection day and there is no other access to the
Containers, the Contractor shall, upon notification to and approval by Augusta, provide
collection at start of shift on the following day. The Contractor is responsible for follow-
up with Augusta until the vehicle is removed and shall inform Augusta when the vehicle
is removed.
SECTION 4 - CONTAINERS
4.1 Provision & Maintenance of Front-Load Containers and Recycling Containers
A Container shall be a metal receptacle used to accumulate and store Waste and Recycling for
Customers under this agreement, until the Contractor can collect the materials and remove them
from the Customer.
4.1.1 Front-Load Container minimum specifications
All containers shall meet the following specifications for use under this Agreement.
a. Container bodies shall be constructed of metal.
b. Container must be water tight.
c. Container lids shall be constructed of plastic.
d. Container lids shall facilitate water run-off.
e. Containers for Waste shall all be painted a uniform color with uniform graphics.
f. Containers for Recycling shall be uniquely marked to identify they are for recycling
only as well as being a uniform color with a uniform graphic.
g. With the exception of 2 yard containers, all others shall be slope front type, to allow
for easy filling.
h. Dock type containers (if requested by Augusta) shall have an operational side door.
i. Contractor shall make locking mechanisms available to Augusta upon request, to
prevent unauthorized use.
j. Sizes of the containers shall be 2, 4, 6, and 8 yard.
k. Contractor shall make casters available to Augusta upon request, for 2 yard
containers. Casters shall be serviced and maintained to roll smoothly.
4.1.2 Carts
Augusta may choose to utilize 96-gallon carts for collection of Waste and Recycling at some
locations. Such locations will be provided in writing to the Contractor. The carts will be
provided and maintained by Augusta.
4.1.3 Container repairs
When a container is required to have service, a replacement dumpster shall be exchanged
for the one needing repairs. When it is identified that a Container needs repairs, the
Attachment number 1 \nPage 6 of 37
Item # 28
P a g e | 7
Frontload Services
Augusta, GA
Contractor shall have 48 hours to remove and replace the Container, unless it is a safety
concern and then the container shall be removed and replaced immediately. Examples of
times when repairs are needed are;
a. Container or its contents has caught on fire.
b. Container is no longer water tight.
c. Container lids do not function as designed, or allow water into the container.
d. Casters, if requested do not freely roll.
e. Locking mechanism, if requested, does not operate properly
f. Others as requested by Augusta
SECTION 5 – EQUIPMENT/FACILITIES
5.1 Collection Vehicles
The Contractor shall provide and maintain during the Contract a fleet of collection vehicles
sufficient in number and capacity to perform the services described in this Agreement. All
vehicles shall be appropriately licensed with the State of Georgia in Richmond County and
comply with all applicable federal, state, and local laws and regulations. All collection vehicles
shall have on-board computer technology from AMCS Group that is compatible with Elemos.
The Contractor shall provide and use only such equipment, material, and facilities as are capable
of performing quality and timely services required by this Agreement. The fleet shall be sufficient
to handle the special requirements of adverse weather and holiday overloads. The Contractor's
collection vehicles shall be maintained by the Contractor, kept clean, neat, kept in good repair and
working order. The Contractor shall furnish, at its sole expense, whatever backup or substitute
equipment may be required to continue performance of the services.
5.1.1 Vehicle Specifications
a. All collection vehicles shall have enclosed bodies.
b. The Contractor may use new or used equipment so long as the equipment is
capable of performing the required services in accordance with this Agreement.
In no event shall a vehicle operating under this Agreement exceed a maximum
age of ten (10) years.
c. The noise level for collection vehicles during the stationary compaction process
shall not exceed seventy-five (75) decibels at a distance of twenty-five (25) feet
from the collection vehicle and at an elevation of five (5) feet from the ground
elevation of such vehicle.
d. Prior to the Starting Date and then quarterly thereafter, the Contractor shall
supply Augusta with a list of all equipment to be used in providing services and
shall notify Augusta of additions or deletions as they occur.
e. The Contractor shall be responsible for arranging for tare weights with the
Designated Disposal Facility and the Designated Recycling Facility for all
collection vehicles prior to the Starting Date, and shall periodically, upon request
from Augusta, arrange for updating tare weights.
f. All collections vehicles used to perform functions under this Contract shall be
equipped with the following in complete and sound working order:
Attachment number 1 \nPage 7 of 37
Item # 28
P a g e | 8
Frontload Services
Augusta, GA
1. Progressive ambient noise back-up alarm.
2. Back-up camera with monitor visible from any driving position.
3. A 10 pound fire extinguisher.
4. A 25 person first aid kit.
5. Minimum of three safety marking devices (flares, or reflective triangles).
6. Rear-mounted strobe light(s) activated while collecting materials.
7. A spill kit with a minimum size of 10 gallons to handle operational spills.
g. All supervisors vehicles used to perform functions under the Contract shall be
equipped with the following in complete and sound working order:
1. A 10 pound fire extinguisher.
2. A 25 person first aid kit.
3. Minimum of three safety marking devices (flares, or reflective triangles).
4. A spill kit with a minimum size of 10 gallons to handle operational spills.
h. All collection vehicles or personnel must be equipped with a communication
device (i.e. cell phone or radio) which allows for immediate communication
between the collection vehicle and a supervisor, and/or the Contractor’s office.
i. All vehicles operated under the authority of this Contract shall be driven in
compliance with Uniform Rules of the Road and Georgia State traffic laws and,
where applicable, Augusta’s codes, ordinances, and rules.
j. The Contractor shall make a reasonable effort to empty each collection vehicle at
the end of each day.
k. The Contractor is responsible for any and all fees associated with disposal
permits, inspection fees, IFTA stickers, etc. These permits shall be timely
obtained.
l. Prior to the Starting Date, and annually thereafter, the Contractor shall have a
D.O.T. inspection performed on all vehicles operating under this Contract by a
competent third party firm to perform such inspections. Copies of said
inspection shall be supplied to Augusta within 30 days of the inspection taking
place. Should a vehicle not pass inspection, it shall be removed from service
until such time as the deficiency has been remedied.
m. Augusta shall have the right to inspect all vehicles used in performing this
Contract. Augusta shall have the right to do random spot inspections as it deems
reasonably necessary. Should a vehicle not pass inspection, it shall be removed
from service until such time as the deficiency has been remedied.
n. All collection vehicles operated under this Agreement shall operate solely on
Compressed Natural Gas (CNG).
1. Vehicles operating on CNG shall be able to be filled at a minimum flow
rate of six (6) diesel gallon equivalents (DGE) per minute.
2. All vehicles operating on CNG shall be equipped with a 1000 scfm fill
port for fast filling and it is recommended that they also have a 5000
scfm fast fill port.
5.2 Collection Vehicle Cleaning
Attachment number 1 \nPage 8 of 37
Item # 28
P a g e | 9
Frontload Services
Augusta, GA
All collection vehicles must be kept clean, in sanitary condition, and good repair at all times. The
Contractor shall ensure that all collection vehicles are washed as required to reduce possible odor,
reduce vector problems and provide a positive image.
5.3 Emergency Unloading
While Augusta recognizes that an occasional emergency such as a Hot Load may require
unloading a collection vehicle in the field, the Contractor shall recollect this material within two
(2) hours of the unloading. The Contractor shall notify Augusta immediately of such an event and
shall take whatever measures are necessary to ensure that no fire danger exists. The area must be
litter free after the re-collection. The Contractor shall notify Augusta when the material has been
collected; at which time Augusta may conduct a follow-up inspection to ensure that the cleanup
has been completed to the satisfaction of Augusta.
5.4 Damages
If the Contractor fails to collect the load and notify Augusta of such collection within two (2)
hours, the Contractor shall pay Augusta in Damages one hundred dollars ($100) for each two- (2)
hour period such load is not collected. If the material is not collected in a timely manner, Augusta
may, in addition to assessing Damages for time delays, assess Damages of $2,000 to collect the
load, and will invoice the Contractor the cost to repair any damage to Augusta's streets, sidewalks
or other infrastructure as soon as Augusta can assess the costs of such damages to infrastructure.
All repairs to Augusta property shall be completed by a licensed professional and in a means and
matter approved by Augusta.
Augusta shall not be liable to Contractor for any damage to Contractor's collection vehicles or
injury to Contractor's personnel, or any other damage or injury, as a result of a Hot Load.
5.5 Vehicle Leaks & Spills
Minimizing hydraulic fluid, oil leaks and spills on public or private streets and parking lots is a
high priority for Augusta, Georgia. The Contractor shall maintain equipment in top mechanical
condition, and the operator shall exercise vigilance in observing for leaks and spills that may
develop during the collection day and take immediate corrective action to stop the leak or spill
and call for cleanup of hydraulic fluid, oil, other vehicle fluids or other leaks or spills present
upon the public or private streets or parking lots in accordance to the following standards.
5.5.1 Removal from Service/Spill Cleanup
The Contractor’s vehicles shall be repaired or removed from service immediately if any
spill or leak is a result of a mechanical problem, or poor seal(s). The Contractor shall be
responsible for applying absorbent materials, clean up, and disposal in a manner which
complies with all federal, state, and local laws and regulations, of all oil spills, hydraulic
fluid or other leaks or spills associated with its provision of services. In the event of a
spill or leak, the Contractor shall immediately notify Augusta and shall send a
representative to the location of the incident. If the spill or leak is in a street location
and/or is a public safety hazard, the Contractor shall also immediately request traffic
control and any other required public safety personnel. Augusta and the Contractor will
evaluate the spill or leak to determine proper handling. Augusta must approve the
Contractor's recommended clean-up plan, which may require steam cleaning. The clean
up must commence as soon as possible but no later than two (2) hours following the spill
or leak. After application of absorbent materials is complete, the Contractor is responsible
for removal of the absorbent material and/or cleaning of the street, if necessary. The
Attachment number 1 \nPage 9 of 37
Item # 28
P a g e | 10
Frontload Services
Augusta, GA
Contractor shall notify Augusta when the cleanup is completed so that a follow-up
inspection can be conducted to ensure that the cleanup has been completed to the
satisfaction of Augusta. Any fluids associated with the spill or the cleanup shall be
recovered for proper disposal and shall NOT be released into the storm water system.
5.5.2 Damages
In the event the vehicle operator fails to remove the leaking vehicle from service or call
for the on-call mechanic to make field repairs, and continues collecting the route
spreading puddles of hydraulic fluid, oil, other vehicle fluids or other leaks or spills
throughout the road system, the Contractor shall be subject to Damages in the amount of
$3,000, plus the damages described below.
a. In the event that Contractor does not clean up any spill or leak within the time
specified above, the Contractor shall be subject to Damages in the amount of one
thousand five hundred dollars ($1,500) for each such occurrence. The Contractor
shall endeavor to prevent such occurrences by whatever means possible.
b. If the Contractor fails to initiate proactive measures necessary to reduce the
frequency and severity of vehicle leaks or spills the Contractor shall, in addition to
the Damages described above, be subject to the following Damages:
(i) One thousand dollars ($1,000.00) for each leak or spill during any one- (1)
month period in which there were three (3) or more leaks or spills;
5.6 Vehicle Identification and Presentation
Each Contractor vehicle will be clearly identified with the Contractor name, a vehicle number,
and a local telephone number that can be clearly read from a distance of 100 feet.
5.7 Facilities
The Contractor shall operate a facility within Augusta, Georgia, and will license/tag all vehicles
utilized by the Contractor in the performance of this Contract in Augusta.
SECTION 6 - DISPOSAL SITES
6.1 Ownership of Solid Waste Materials
The Contractor shall have ownership of solid waste from the time of collection until the materials
are deposited at the Designated Disposal Facility or the Designated Recycling Facility.
6.2 Designated Disposal and Recycling Facilities
The Contractor shall be responsible for abiding by all rules and policies pertaining to the delivery
of Waste as directed by the Designated Disposal Facility, and delivery of Recycling as directed
by the Designated Recycling Facility. A copy of the current policies and procedures for the
Designated Disposal Facility and Designated Recycling Facility will be provided to the
Contractor by Augusta, and are subject to modification from time to time.
6.2.1 Designated Disposal Facility
All Waste shall be delivered to the Deans Bridge Road Landfill, located at 4330 Deans
Bridge Road, Blythe, Georgia 30805.
The disposal cost for all Waste delivered to the Designated Disposal Facility shall be paid
by the Contractor.
Attachment number 1 \nPage 10 of 37
Item # 28
P a g e | 11
Frontload Services
Augusta, GA
6.2.2 Designated Recycling Facility
All Recycling shall be delivered to the transfer station located at 3946 Goshen Industrial
Blvd, Augusta, Georgia, 30906 or other location as may be determined by Augusta from
time to time.
Disposal of Recycling will be provided by Augusta at no charge to the Contractor for all
materials delivered to the Designated Recycling Facility.
6.2.3 Damages
If the Contractor delivers Recycling to the landfill, Damages in the amount of five
hundred dollars ($500.00) per incident will be assessed.
6.3 Additional Non-Contract Waste
The Contractor, with Augusta’s prior approval, may market Augusta’s landfill in an effort to
generate additional revenues for both the Contractor and Augusta. Negotiated disposal pricing
must be approved by the Environmental Services Director and Augusta’s Administrator.
SECTION 7 - CUSTOMER SERVICE
7.1 Requests for Service
Augusta's Customer Care Center is responsible for receiving Customer inquiries, Requests for
Service, and complaints related to service in the Service Area. Upon receipt of a call requiring
follow-up by the Contractor, the Customer Care Center will prepare a Request for Service form
and send such forms electronically to both the Contractor and the Environmental Services
Department representative responsible for monitoring the Contractor's services under this
Contract. The Contractor shall provide a computer system that is in compliance with Section 7.2
below. In the event that the Contractor receives any telephone calls from Customers, other than in
response to follow-up property damage calls as described in Section 8.3, the Contractor shall refer
such calls to Augusta.
7.1.1 Receipt of Requests for Service
Once a Request for Service has been sent by Augusta, it shall be considered as received
by the Contractor, therefore the Contractor shall ensure that its system for receipt of
Requests for Service is operational at all times and monitored, at a minimum, at all times
during the office hours set forth in Section 8.1 and any other time as necessary for the
Contractor to comply with the requirements of this Agreement.
7.1.2 Completion of Service Request
The Contractor shall notify Augusta, through its response to the Request for Service, of
the Contractor's actions taken in response to the Request for Service including the date
and time the request was completed.
7.2 Computer Hardware and Software Requirements
The Contractor shall provide network access with sufficient bandwidth and speed to transfer data
in a timely manner between the Customer Care Center and the Contractor's operation center in a
manner acceptable to Augusta. The Contractor's computer system shall be capable of running in a
Windows environment and at an appropriate version of Windows to be compatible with
Augusta’s software. The Contractor must have the Microsoft suite of products which minimally
includes Word, Excel, and Outlook. The Contractor shall use Elemos for Customer Service
applications.
Attachment number 1 \nPage 11 of 37
Item # 28
P a g e | 12
Frontload Services
Augusta, GA
SECTION 8 - PERSONNEL AND SAFETY
8.1 Contact with Contractor
8.1.1 Contractor Facility
Throughout the Contract Term, the Contractor shall establish and maintain a local facility
capable of receiving Requests for Service electronically and by telephone, and to dispatch
appropriate trucks and personnel to respond to Request for Service or to respond to
service complaints such as Littering, property damage, or Vehicle Leaks and Spills within
the time limits established in this Agreement.
The contractor facility should be of sufficient size and type to house all vehicles used
under this contract, maintenance and cleaning for all vehicles operated under this
contract, an office of sufficient size for contractor staff, and storage space for equipment
as needed.
8.1.2 District Manager
All Contractor personnel shall be directed by a District Manager permanently stationed
within Augusta. The Contractor shall furnish Augusta the name of the District Manager
prior to the Starting Date and shall notify Augusta immediately if the District Manager is
changed at any time. The Contractor's District Manager shall serve as the contact person
for dealings and communications with the Contractor. A request to the Contractor's
representative shall always constitute a request to the Contractor.
8.1.3 Office Hours and Contact Personnel
A responsible person in charge shall be present at the Contractor's local office during the
time period of 8:00 a.m. to 5:15 p.m. Monday through Friday, and on Saturday when
collection is scheduled, with the authority to make decisions relevant to operations under
this Agreement.
Route supervisors will be accessible by telephone between the hours from 6:30 a.m. to
8:00 p.m. on all days when collection operations are in progress. The names and phone
numbers of emergency representatives shall be given to Augusta prior to the Starting
Date, and shall be updated as soon as any changes are made. Contractor's emergency
representative shall be responsible for responding to any Requests for Service from
Augusta on non-collection days and evenings, as described in this Agreement. If Friday is
a scheduled collection day, misses will be collected on Saturday.
8.1.4 Augusta Contact Persons
Augusta will designate a contact person for operational issues and a contact person for
Agreement administration issues. It is, however, recognized that daily operational
communications will occur at all levels of staff. To the extent that these communications
facilitate job performance, they are encouraged.
8.1.5 Communication Devices
The Contractor shall provide, at the Contractor's cost, sufficient communicating devices
to facilitate good two-way communication between Contractor personnel, Augusta
Customer Care Center, and Augusta Environmental Services Department supervisory
staff and support personnel.
Attachment number 1 \nPage 12 of 37
Item # 28
P a g e | 13
Frontload Services
Augusta, GA
8.2 Employees: Character of Workers
All employees, subcontractors, superintendents, foremen, and workers employed by the
Contractor shall be competent and careful workers, skilled in their respective trades. The
Contractor shall not employ any person who repeatedly engages in misconduct or is incompetent
or negligent in the due and proper performance of his or her duties under this Agreement. The
Contractor shall furnish such supervision, labor, and equipment as is considered necessary for the
fulfillment of the services in an acceptable manner at a satisfactory rate of progress.
8.2.1 Drug-Free Work Place
The Contractor shall prohibit the use of intoxicating and/or illegal substances by its
employees, subcontractors, superintendents, foremen, and workers while on duty or in the
course of performing their duties under this Agreement. Records of any such substance
testing will be provided to Augusta upon written request.
8.2.2 Uniforms
The Contractor's employees, subcontractors, superintendents, foremen, and workers shall
be required to wear a clean uniform bearing the Contractor's name. The uniform shall
meet an ANSI class II standard for reflectivity and visibility. Employees, who normally
and regularly come into direct contact with the public, including drivers, shall bear some
means of individual identification such as a nametag or identification card.
8.2.3 Driver Credentials
Employees driving the Contractor's vehicles shall at all times possess and carry a valid
Commercial Driver's License issued by the State of Georgia or South Carolina for the
class appropriate to the weight of the vehicle being driven. Augusta reserves the right to
require the Contractor to provide proof of compliance with federal laws regarding
Commercial Driver's Licenses, specifically information regarding drug testing.
8.2.4 Contract Employees
The Contractor's employees, officers, agents, and subcontractors shall, at no time, be
allowed to identify themselves or in any way represent themselves as being employees of
Augusta.
8.2.5 Removal of Contractor Employee
Augusta shall have the sole right to require the removal and replacement of a
Contractor’s or subcontractor’s employee working under this Contract. Augusta shall
exercise such a right by providing written notice to the Contractor.
Contractor will replace any personnel who separate from the Contractors employment
with equivalently qualified persons. The Contractor will replace such personnel as soon
as reasonably possible.
8.3 Property Damage/Accidents
8.3.1 Property Damage
As between Augusta and the Contractor, the Contractor shall retain full responsibility for
all claims of damage to private property caused by the negligence or willful misconduct
of the Contractor. In the event of any property damage caused by the Contractor, the
Contractor shall:
a. Immediately notify Augusta Customer Care Center and Environmental Services
Attachment number 1 \nPage 13 of 37
Item # 28
P a g e | 14
Frontload Services
Augusta, GA
Department by telephone, email, or documentation in Elemos.
b. Leave a notice at the time of the damage at the Residential Unit, Designated Non-
Residential Location, Unoccupied Location or the location where the damage
occurred, informing the Customer of the damage and the telephone number of the
Contractor to call for follow-up.
c. Provide a written explanation to Augusta of the circumstances, results of any
investigation, and disposition of the claim.
d. Notify the Customer within ten (10) working days in writing of the disposition of the
claim and provide a copy to Augusta. If the Contractor assumes responsibility for the
damages, the notification shall include a date by which remedial action will be
completed.
e. The Contractor shall refer all calls regarding reporting of property damage to Augusta
and Augusta will forward such claims to the Contractor in the form of a Request for
Service.
f. Should repair be required, the Contractor shall provide appropriately licensed
personnel to complete the repair.
8.3.2 Claims Resolution
The Contractor shall use its best efforts to promptly and expeditiously resolve claims. In
the event that the Contractor denies responsibility for damages and the Customer pursues
a remedy, Augusta may investigate. If Augusta believes that the Contractor is responsible
and the Contractor continues to deny responsibility, Augusta may pursue, and the
Contractor shall be obligated to the dispute settlement procedures as described in Section
19.15.
8.3.3 Damages
If the Contractor does not provide resolution of property damage, the Contractor shall pay
damages in the amount of $2,000.00 for each occurrence.
8.3.4 Accidents
The Contractor shall immediately notify by telephone Augusta Customer Care Center and
the Environmental Services Department of all vehicular accidents in which there is
serious personal injury or a fatality. The Contractor shall notify Augusta Customer Care
Center and the Environmental Services Department of all other accidents in a timely
manner.
8.4 Care and Diligence/Littering
The Contractor shall exercise all reasonable care and diligence in collecting Residential Waste
and Recycling, Yard Waste and Bulky Waste. Collection service shall be accomplished in a
manner, which contributes to a litter-free environment. Every effort must be made to prevent
spilling, scattering, dropping, or littering of Residential Waste and Recycling, Yard Waste and
Bulky Waste during the collection process and during transit to and from the Designated Disposal
Facility, or Designated Recycling Facility. However, in the event that Residential Waste and
Recycling, Yard Waste, or Bulky Waste are spilled, scattered, dropped, or littered, the
Contractor's equipment operator shall immediately clean up the material, place it in the Container,
Attachment number 1 \nPage 14 of 37
Item # 28
P a g e | 15
Frontload Services
Augusta, GA
and collect the Container contents. If any litter escapes from Contractor's collection vehicles on
any roadways, the Contractor's equipment operator must immediately collect such litter. In the
event that Contractor does not immediately collect such litter, the Contractor shall be subject to
Damages in the amount of two hundred and fifty dollars ($250.00) for each such occurrence. The
Contractor shall endeavor to prevent such occurrences by whatever means possible.
The Contractor acknowledges that streets and alleys frequently include multiple utility features.
Therefore, particular attention shall be given to the location of water meters, transformers, guy
wires, utility poles, irrigation sprinkler heads and other private property features. Authorization to
use the street or alley does not abrogate the Contractor's responsibility to exercise caution in
relationship to the property of other authorized users.
8.4.1 Damages
As stated above, in the event that Contractor does not immediately collect such litter, the
Contractor shall be subject to Damages in the amount of two hundred and fifty dollars
($250.00) for each such occurrence.
8.5 Operator Awareness Training
The Contractor shall be responsible for maintaining levels of operator participation regarding
correct collection of Waste and Recycling; holiday collection, safe driving and operations, as well
as all other contract provisions.
The Contractor shall be responsible for ongoing training of existing and new employees.
8.6 Communication Plan
Within 30-days of approval of this Contract and by January 1 and July 1 of each year the Contract
remains in effect, the Contractor shall submit a written Communication Plan to Augusta for
review and approval. The Communication Plan shall identify key operations and administrative
personnel and include the contacts’ name, title, primary area of responsibility, immediate
supervisor including his/her office, home and cellular telephone number, pager number and email
addresses for work day and after hour contact. The Communication Plan and/or contact names
shall be updated as changes are made, but in no event less than semi-annually. The
Communication Plan shall be included as an Appendix to this Contract once completed and
approved by Augusta.
SECTION 9 - REPORTING REQUIREMENTS
9.1 Daily Communication/Reports
In addition to communications requirements described throughout this Contract, the Contractor
shall be responsible for providing, at a minimum, the following information and reports to
Augusta on a daily basis:
1. Listing of missed collections, or other problems remaining unresolved from the previous
day and how they will effect today's operations.
2. Listing of all locations which were not collected which could include locations which
were not out or available for service, services which were blocked, routes which did not
get completed, or non-collected Solid Waste due to contract limits being exceeded.
3. Responses to Requests for Service.
4. Waste and Recycling Container repair needs identified by the Contractor.
5. Waste and Recycling Container repairs completed.
6. Listing of all property damage claims made, status of claim and pending resolution.
Attachment number 1 \nPage 15 of 37
Item # 28
P a g e | 16
Frontload Services
Augusta, GA
7. Listing of all route audit variations, exceptions, or suggestions.
8. Other information as requested by Augusta.
The information listed above shall be submitted in a format approved by Augusta.
Augusta and the Contractor shall meet on a monthly basis, or as often as deemed necessary by
Augusta, to review and discuss any operational issues, Contractor's performance, and any other
issues pertaining to services provided under this Agreement.
9.2 Record Keeping, Accounting, and Auditing
The Contractor shall keep and maintain complete and detailed records including, but not limited
to the following:
1. Records that provide the basis for the reports required under Section 10 including all
matters affecting amounts payable by or to Augusta or the Contractor,
2. Policies for required insurance, policy amendments, and all other related insurance
documents,
3. Accounting records and vouchers evidencing all costs, receipts, payments, and any other
matter of accounting associated with the Contractor's performance in accordance with
generally accepted accounting principles and
4. Copies of bond documents for both payment and performance bonds.
9.2.1 Auditing
The Contractor's books, records, and accounts shall accurately, fairly, and in reasonable
detail reflect all Contractor's dealings and transactions, and shall contain sufficient data to
enable those dealings and transactions to be audited in accordance with generally
accepted governmental accounting and auditing standards.
Augusta, or its audit representative, shall have the right at any reasonable time to inspect,
copy, and audit records relating to the services accounting records, vouchers, and their
source documents which serve as the basis for costs, receipts, and payments. The said
records shall be available for Augusta's inspection and audit for a period of three (3)
years following the termination of this Agreement, and any extension of this Agreement
and for such further periods as may be necessary to resolve any matters which may be
pending at that time or any longer period required by applicable law. The Contractor shall
make available at Contractor's Augusta offices any such records to Augusta upon request.
9.2.2 Financial Condition
The Contractor shall immediately notify Augusta should it become apparent that the
Contractor is unable to pay its debts as they become due and payable or if there is an
adverse change in the Contractor's financial condition. The Contractor shall, upon
Augusta's request, provide to Augusta the Contractor's most recent audited financial
statements or un-audited statements if the audited statements are not then available.
9.3 Reliability of Reports
The Contractor represents that all information the Contractor has provided or will provide to
Augusta is true and correct and can be relied upon by Augusta. Any material false or misleading
information or omission shall be just cause for Augusta to terminate this Agreement and/or
pursue any other appropriate remedy.
9.4 Observation and Inspection
Attachment number 1 \nPage 16 of 37
Item # 28
P a g e | 17
Frontload Services
Augusta, GA
Augusta, its representatives, and invitees shall have the right to observe and inspect operations at
all times, provided it is conducted in such a manner so as to minimize interference with the
Contractor's performance and operations. The inspection may review operating records for the
current and previous contract years, and may consist of an inspection of the physical areas of
operations and equipment with emphasis on contract compliance, safety and hazard mitigation.
Augusta, at its own expense, may at any commercially reasonable time inspect any and all
records relating to the services performed to verify that the services are being performed in
accordance with this Agreement.
Augusta's inspections shall not relieve the Contractor of any of its obligations herein or impose
any liability upon Augusta.
9.5 Local Small Business Language
In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractor expressly agrees to
collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of
its Local Small Business Opportunity Program and to make such records available to Augusta,
Georgia. The requirements of the Local Small Business Opportunity Program can be found at
www.augustaga.gov. In accordance with AUGUSTA, GA. CODE § 1-10-129(d) (7), for all
contracts where a local small business goal has been established, the contractor is required to
provide local small business utilization reports. Contractor shall report to Augusta, Georgia the
total dollars paid to each local small business on each contract, and shall provide such payment
affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such
documents shall be in the format specified by the Director of minority and small business
opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to
provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta,
Georgia to exercise any of the remedies set forth, including but not limited to, withholding
payment from the contractor and/or collecting liquidated damages.
Contractor has agreed to a Local Small Business goal of twenty percent (20%). In accordance
with Augusta, GA. Code § 1-10-129(d)(7), Contractor will submit local small business utilization
reports and any additionally required information as provided for in Appendix F
SECTION 10 - COMPENSATION
10.1 Basis and Method of Payment
The Contractor shall offer the services described herein at the following rates beginning at the
commencement of the Contract Term:
Container Size 1/week 2/week 3/week 4/week 5/week 6/week 7/week Unscheduled
2 yd 40.00$ 75.00$ 110.00$ 145.00$ 180.00$ 215.00$ 350.00$ 43.00$
4 yd 52.00$ 97.00$ 142.00$ 186.00$ 231.00$ 276.00$ 421.00$ 50.00$
6 yd 70.00$ 131.00$ 191.00$ 251.00$ 312.00$ 372.00$ 533.00$ 60.00$
8 yd 75.00$ 139.00$ 204.00$ 268.00$ 333.00$ 397.00$ 562.00$ 63.00$
2 yd 33.00$ 59.00$ 86.00$ 112.00$ 139.00$ 166.00$ 292.00$ 39.00$
4 yd 34.00$ 61.00$ 88.00$ 114.00$ 141.00$ 168.00$ 294.00$ 41.00$
6 yd 36.00$ 63.00$ 89.00$ 116.00$ 143.00$ 169.00$ 296.00$ 43.00$
8 yd 38.00$ 64.00$ 91.00$ 118.00$ 144.00$ 171.00$ 297.00$ 44.00$
Casters 15
Locking Device 10.25
Frequency
Pricing in the white area shall be monthly
Pricing in the shaded section shall be per one-time collection
Tr
a
s
h
Re
c
y
c
l
i
n
g
Ac
c
e
s
s
o
r
i
e
s
Attachment number 1 \nPage 17 of 37
Item # 28
P a g e | 18
Frontload Services
Augusta, GA
The listed unit price shall be adjusted annually for inflation beginning January 2015 in
accordance with Section 10.3.
10.2 Number of Collection Points
Augusta shall pay the Contractor monthly for all services rendered as defined by this Contract.
Payment shall be based on the actual number of containers serviced each month. If a container is
delivered into service, the fee shall be prorated from the first day of service provided by the
contractor to that container. If a container is removed from service, the fee shall be prorated from
the last service provided by the contractor in the month.
10.3 Inflation Factor - CPI Adjustment
The Contractor shall be entitled to seventy percent (70%) of the actual percentage change in the
CPI (as hereinafter defined).
The “CPI”. Means the Consumer Price Index for All Urban Consumers (“CPI-U”), Atlanta,
Georgia – Atlanta, Georgia, All Items, 1982-1984 equals 100, published by the United States
Department of Labor, Bureau of Labor Statistics (“BLS”), or its successor. If BLS designates an
index with a nes title or code number or table number as being the continuation of the index cited
above, the new index will be used, or if no new index is designated, the most nearly compatible
index shall be used.
10.3.1 General Conditions for Adjustments
a. The CPI Index percentage change will be determined from January 1st to December
31st of the previous year, with an implementation of any adjustment being made on
January 1st, and every January 1st thereafter with the first adjustment starting in
January of 2015.
b. The Contractor must notify Augusta in writing by April 30th of each year beginning
in April of 2014, of the percentage of any rate adjustment as well as the new rates to
be implemented as allowed under this section. If timely notice is not received by
Augusta, no increase will be allowed for that year.
c. Should the CPI Index show a decrease, Augusta will automatically be entitled to a
reduced cost up to the allowable limits as defined hereinafter.
d. In any event, the adjustment will be limited to a maximum increase or decrease of
four percent (4%) annually.
10.4 Payment Reduction for Damages
1x per week 2x per week 3x per week 4x per week
Single 96-gal cart 15.04$ 28.06$ 41.08$ 54.10$
Price per
additional cart 7.23$ 12.44$ 17.64$ 22.85$
Rollout Monthly Pricing Option
Attachment number 1 \nPage 18 of 37
Item # 28
P a g e | 19
Frontload Services
Augusta, GA
Damage charges will be monitored monthly and reviewed with the Contractor each month.
Augusta will deduct any damages owed Augusta from the next payment owed to the Contractor.
If the contract is not extended or renewed in accordance with the contract conditions, Augusta
will deduct any remaining damages owed Augusta from the last payment. However, in no event
is Augusta prohibited from taking actions to collect any unpaid amount owed to Augusta.
10.5 Fuel
Augusta shall provide CNG for use by the Contractors performing under this Agreement. The
Contractors shall pay Augusta $4.00 per Diesel Gallon Equivalent (DGE) for vehicles operated
under this Agreement. Augusta will provide monthly fuel usage to the Contractor and the cost of
fuel will be credited to Augusta on the Contractor’s monthly invoice.
10.5.1 Augusta shall be entitled to the same CPI adjustment as afforded the Contractor in 12.3.
All of the same general conditions of adjustments shall apply with the exception that
Augusta does not have to provide notice as required under 12.3.1 (b).
10.5.2 The first price adjustment shall not go into effect until January 2015.
10.5.3 In any event, the adjustment will be limited to a maximum increase or decrease of four
percent (4%) annually.
10.5.4 Should the Contractor not receive an Adjustment, Augusta reserves the right to adjust the
price of fuel.
10.6 Defective Pricing
Augusta shall have the right to take corrective measures for any defective pricing. These
corrective measures may include, but are not limited to making necessary revisions to this
Contract or providing an addendum to this Contract to address the issue of defective pricing.
10.7 Contingent fees
There shall be no contingent fees allowed under this contract.
10.8 Georgia Prompt Pay Act
The terms of this contract supersede any and all provisions of the Georgia Prompt Pay
Act.
SECTION 11 - INSURANCE AND PERFORMANCE SURETY
11.1 Coverage’s
The Contractor shall at all times during the Agreement maintain in full force and effect General
Liability and Workmen's Compensation Insurance. All insurance shall be by insurers reasonably
acceptable to Augusta and be in full force and effect before commencement of work.
11.2 Insurance Limits
For the purpose of the Agreement, the Contractor shall carry the following types of insurance in
at least the limits specified below:
Coverage’s Limits of Liability
Workers’ Compensation Statutory
Employer’s Liability
$500,000 each accident limit
$500,000 Disease Policy Limit
$500,000 Each Employee Limit
Contractors and lessees shall be
Attachment number 1 \nPage 19 of 37
Item # 28
P a g e | 20
Frontload Services
Augusta, GA
responsible for workers’ compensation
insurance for subcontractors or sub
lessees who directly or indirectly provide
services or lease premise under the
Augusta, Georgia’s contract.
General Liability $2,000,000 per accident
$2,000,000 aggregate
Excess Umbrella Policy $2,000,000 per accident
Pollution Liability Insurance
Automobile Bodily Injury and Property
Damage Liability
$1,000,000 per claims made basis. The
Contractor needs to warrant any
retroactive date applicable to coverage
under the policy precedes the effective
date of the contract.
$1,000,000 per accident
As an alternative to the above, the Contractor may insure the above public liability and property
coverage’s under a plan of self-insurance. The Contractor’s parent corporation may provide the
required coverage’s to certify that their program is funded to actuarial projected losses.
11.3 Certificate of Insurance
a. The Contractor agrees to furnish Augusta certificates of insurance or other evidence
satisfactory to Augusta to the effect that such insurance has been procured and is in force.
The certificates shall contain the following express obligations:
"This is to certify that the policies of insurance described herein have
been issued to the named insured for which this certificate is executed
and are in force at this time. In the event of cancellation of a policy
affecting the certificate holder, thirty (30) days prior written notice will
be given to the certificate holder."
b. It is agreed that the Contractor will be responsible for notifying Augusta of any material
change in a policy.
c. The certificates shall also include Augusta as an additional insured.
11.4 Special Requirements
The following special conditions shall apply to the insurance coverage:
a. Augusta is to be included as an additional insured on both the commercial general liability
and business auto liability policies. The Contractor providing the automobile liability
coverage must include all vehicles owned, leased, hired, non-owned, and the employee non-
owned vehicles Personal Injury Protection (when applicable).
b. Commercial General Liability. The Commercial General Liability required coverage is
ISO CG0001 or a substitute form providing equivalent coverage. Coverage must include:
Premises and Operations
Personal Injury/Advertising Liability
Products/ Completed Operations
Liability assumed under an Insured Contract (including tort liability of another assumed
in a business contract)
Attachment number 1 \nPage 20 of 37
Item # 28
P a g e | 21
Frontload Services
Augusta, GA
Independent Contractors
c. Pollution Liability. Contractors shall provide pollution liability coverage to cover bodily
injury; property damage, (including natural resource damage), cleanup costs, removal,
storage, disposal, and or use of the pollutant; and defense, including costs and expenses
incurred in the investigation, defense, or settlement of claims. Coverage shall apply to the
sudden and gradual pollution conditions resulting from the escape of smoke vapors, fumes,
acids, alkalis, toxic chemicals, liquids, or gases, natural gases, waste materials, or other
irritants, contaminants or pollutants (including asbestos). The Contractor needs to warrant
any retroactive date applicable to coverage under the policy precedes the effective date of the
contract
d. Current, valid insurance policies meeting the requirements herein identified shall be
maintained during the Contract Term. Renewal certificates shall be sent to Augusta 30 days
prior to an expiration date. There shall also be a 30-day notification to Augusta in the event of
cancellation, modification of coverage, or reduction of aggregate limits below those required
in Section 11.2. Certificates of insurance meeting the required insurance provisions shall be
forwarded to Augusta. Wording on the certificate that states that no liability shall be
imposed upon the company for failure to provide such notice is not acceptable.
e. It is agreed that the Contractor will be responsible for notifying Augusta of any material
changes in a policy.
f. It shall be the Contractor's responsibility to ensure that all subcontractors comply with the
same insurance requirements that the Contractor is required to meet.
g. All Certificates of Insurances shall be furnished on an ACORD form or equivalent as require
by this contract. The certificates for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf.
11.5 Surety
11.5.1 Performance Bond
A performance bond and payment bond will be provided to Augusta prior of the
execution of this Contract, the Contractor shall provide Augusta with a surety bond from
a company rated A or better by A.M Best's Rating Service in an amount equal to 100% of
the Contract’s value. With each submittal of a bond, the Contractor shall furnish a
current copy of the A.M Best’s rating for the surety company providing the bonds.
For the first year the bond amount shall be a predetermined amount of $400,000.
For each subsequent year, use the amount of the prior year’s actual payments received from
January 1st through December 31st to establish the surety amount, in a form acceptable to
Augusta, to ensure the performance of the Contractor. Updated bonds shall be received by
Augusta no later than January 31, for each subsequent year of the contract. The form and amount
of this surety bond shall be reviewed annually and updated as may be required by Augusta upon
30 days written notice to the Contractor.
SECTION 12 - REPRESENTATIONS AND WARRANTIES
12.1 Representations and Warranties
Attachment number 1 \nPage 21 of 37
Item # 28
P a g e | 22
Frontload Services
Augusta, GA
The Contractor represents and warranties satisfactory performance in accordance with this
Contract as well as:
a. Organization and Qualification. The Contractor is duly incorporated or otherwise legally
organized and, validly existing and in good standing under the laws of the State of Georgia,
and has all requisite power and authority to enter into and perform its obligations under this
Contract.
b. Authority.
1. The Contractor has the authority to execute this Contract, to make the representations and
warranties set forth in it and is appropriately skilled, organized and financially able to
perform the obligations of Contractor under this Contract in accordance with its terms.
2. This Contract has been validly executed by the authorized representatives of the Contractor
and constitutes a legally binding, enforceable obligation of Contractor.
c. Government Authorizations and Consents. The Contractor has or will obtain prior to the
Effective Date such licenses, permits, and other authorizations from federal, state, and other
governmental authorities, as are necessary for the performance of its obligations under this
Contract.
d. Compliance with Laws. The Contractor is not in violation of any applicable law, ordinance
or regulation, the consequence of which will or may materially affect Contractor’s ability to
perform its obligations under this Contract. The Contractor is not subject to any order or
judgment of any court, tribunal, or governmental agency which could materially and
adversely affects its operations or assets in the State of Georgia, or its ability to perform its
obligations under this Contract.
e. Accuracy of Information. None of the representations or warranties in this Contract and none
of the documents, statements, certificates or schedules furnished or to be furnished by
Contractor pursuant hereto or in connection with the performance of the obligations
contemplated under this Contract, contains or will contain any untrue statement of a material
fact or omits or will omit to state a material fact necessary to make the statements of fact
contained therein not misleading.
f. Independent Examination. In accepting these responsibilities, the Contractor represents and
affirms that it has made its own examination of all conditions, facilities, and properties
affecting the performance of this Contract and of the quantity and expense of labor,
equipment, materials needed, and of applicable taxes permits and laws. The Contractor
affirms that it is aware of the present placement of Waste and Recycling Containers. The
Contractor represents and warranties that it is capable of continuing to collect Containers and
Recyclable Containers at their present locations.
SECTION 13 - INDEMNITY
13.1 Indemnity
The Contractor(s) shall defend, indemnify and save harmless Augusta and Augusta’s officers,
employees and agents from any and every claim and risk, and from all losses, damages, demands,
suits, judgments and attorney fees, and other expenses of any kind (collectively “losses”) arising
Attachment number 1 \nPage 22 of 37
Item # 28
P a g e | 23
Frontload Services
Augusta, GA
out of this Contract or the performance thereof; including but not limited to any personal injury,
or death of any and all persons (including but not limited to the Contractor, its agents, employees,
subcontractors and their successors and assignees, as well as Augusta or Augusta’s agents and all
third parties); and including any property damage of any kind, whether tangible or intangible,
including loss of use resulting there from, in connection with or related to the negligent or willful
act(s) or omissions of the Contractor or its subcontractor which were caused in whole or in part
by the Contractor or its subcontractor while performing work under this Contract, or in
connection with or related to (in whole or in part by reason of) the presence of the Contractor or
its subcontractors or their property, employees or agents, upon or in proximity to the property of
Augusta or any other property (upon which the Contractor is performing any work called for),
except only those losses resulting solely from the negligence of Augusta.
SECTION 14 - DEFAULT AND TERMINATION
14.1 Default and Termination
This section is independent, notwithstanding any other provisions of this Contract. The
Contractor may be held in default of the Contract in the event the Contractor:
a. Fails to perform ninety percent (90%) of the collections required by this Contract and
appears, to Augusta, to have abandoned the work, or to be unable to resume collections
within forty-eight (48) hours.
b. Has failed on any occasion of two (2) consecutive working days, in any year, or ten (10) days
in a calendar year to perform the collections required by the Contract.
c. Mixes Contract materials with materials collected from outside this Contract.
d. Fails to furnish and maintain a Performance and/or Payment Bond per Section 11.
e. Fails to furnish and maintain the Insurance requirements per Section 11.
f. Fails to be granted and/or receive prior written approval of a change of control or other
provision as defined in Sections 18.3 and 18.4.
g. Fails to perform any material obligation of the Contractor under the terms of this Contract,
and continuance of such failure after receiving written notice by Augusta specifying such
failure, and Contractor’s failure to cure the default or immediately initiate and diligently
pursue reasonable action to cure such non-performance within the thirty (30) day period.
To initiate proceedings under this Section, Augusta shall give notice to the Contractor and its
surety. Within 7 days, Contractor may demand a hearing at which the Contractor may show
cause as to why it should not be declared in default or why it should be given the opportunity to
cure said default. In the event the Contractor fails to show cause, to the reasonable satisfaction of
Augusta, why the Contractor should not be declared to be in default of this Contract, Augusta
may make a declaration of default. In evaluating whether to make such a declaration of default,
Augusta may, in its sole discretion, consider the severity of the alleged violations, and the overall
performance of the Contractor under the Contract.
In declaring the Contractor to have defaulted on the Contract, Augusta also may order the
Contractor to discontinue further performance of work under the Contract and transfer the
Attachment number 1 \nPage 23 of 37
Item # 28
P a g e | 24
Frontload Services
Augusta, GA
obligation to perform such work from the Contractor to the surety on the Contractor’s
performance bond and take any other action it deems advisable.
Under receipt of a notice that the work has been transferred to the surety without termination of
the Contract, the surety shall take possession of all materials and equipment described in the most
recent inventory submitted to Augusta, for the purpose of completing the work under the
Contract, employ, by the Contract or otherwise, any person and/or all persons needed to perform
the work; and provide materials and equipment required therefore. Such employment shall not
relieve the surety of its obligations under the Contract of bond. If there is a transfer to the surety,
payments shall be made to the surety or its agent for all work performed under the Contract
subsequent to such transfer, in amounts equal to those that would have been made to the
Contractor had it performed in the manner and to the extent of the surety’s performance, and the
Contractor shall have no claim upon the same.
In the event the surety on the Contractor’s performance bond fails to assume or continue
performance within two (2) days after its receipt of notice that the work has been transferred to
such surety, the Contractor shall be deemed to have leased, subleased, or otherwise license
Augusta to use all, or whatever portion is desired by Augusta, of the materials and equipment
described on the most recent inventory submitted to Augusta pursuant to Section 5 hereof, for
collection (and processing) purposes for a period of up to one (1) year following the date of the
declaration of default by Augusta without requiring Augusta to execute any other document
whatsoever to accomplish such lease, sublease, or license and without requiring Augusta to post
any bond, pledge, deposit or other security for such equipment and materials, but upon the
condition that Augusta pay for the equipment and materials actually used for such collection, a
market rental that is no greater than (i) the monthly lease, in the event such property is leased by
the Contractor, (ii) the periodic installment, in the event such property is being acquired under a
purchase Contract, (iii) the periodic financing interest and principal, in the event such property is
being acquired under a purchase Contract, or (iv) the financing arrangement; provided, that under
no circumstances shall Augusta be liable during its use of such property for any arrearages,
balloon payment, accrued interest, accelerated charges in the event of a default, or other
extraordinary payment; nor shall the satisfaction thereof be a condition of Augusta’s interim use
of such property; provided, further, that such lease, sub-lease, or license shall be suspended the
date the surety on the Contractor’s bond or its agent accepts the transfer of work under the
Contract.
In the event Augusta secures the performance of work under the Contract at a lesser cost than
would have been payable to the Contractor had the Contractor performed the same, then Augusta
shall retain such difference; but in the event such cost to Augusta is greater, the Contractor and its
surety shall be liable for and pay the amount of such excess to Augusta.
All payments due the Contractor at the time of default, less amounts due Augusta from the
Contractor, shall be applied by Augusta against damages suffered and expense incurred by
Augusta to reason of such default, any excess shall be paid to the Contractor unless otherwise
provided herein.
Notwithstanding the provisions of this Section, a delay or interruption in the performance of all or
any part of the Contract resulting from causes beyond the Contractor’s control, as defined in
section 18.27, shall not be deemed to be a default and the rights and remedies of Augusta
provided for herein shall be inapplicable; provided that all labor disputes as defined in section
18.27 hereof shall not be considered a cause beyond the Contractor’s control as defined in section
18.27.
Attachment number 1 \nPage 24 of 37
Item # 28
P a g e | 25
Frontload Services
Augusta, GA
Augusta shall have the unilateral right to order in writing a temporary stopping of the work, or
delaying performance that does not alter the scope, of the contract.
Augusta shall have the unilateral right to terminate this Contract in whole or in part for the
convenience of Augusta, Georgia.
SECTION 15 – COMMITMENT OF EQUIPMENT
1. Unless a replacement or substitute is provided, all vehicles, facilities, equipment and property
identified in the Contractor’s inventory under Section 5 for use in the performance of this
Contract (called “such property”) shall be available for use in collecting Refuse, Waste or
Recycling. When provided, this Section applies to the replacement and substitute.
2. For the duration of this Contract, any document (including a lease to or by the Contractor,
financing Contract, acquisition over time, mortgage, or other instrument establishing a
security interest) that encumbers or limits the Contractor’s interest in such property shall:
a. Allow the surety on the Contractor’s performance bond to take over the Contractor’s
obligations and to continue the use of the equipment in service for performance of the
Contract;
b. Allow Augusta to take over the Contractor’s obligations and to continue the use of the
equipment in service for performance of the Contract;
c. Exempt Augusta from liability during its usage of such property for arrearages, balloon
payments, accrued interest, accelerated charges on account of a default, or other
extraordinary payments, and not make satisfaction thereof a condition of Augusta’s
interim usage; and
d. Forbare any foreclosure, trustee’s sale or other dispossession of the Contractor’s interest
in such property without giving both Augusta and surety on the Contractor’s performance
bond sixty (60) days prior notice, and then make any termination of the Contractor’s
interest in such property pursuant to such action or the enforcement thereof subject to the
requirement of Subsections a, b, and c of this section.
3. To assure compliance with this Section, the Contractor shall submit to Augusta for review
and approval or disapproval prior to execution all contracts, leases, or other documents for
acquisition of, or encumbering or limiting the Contractor’s interest in, such property or for
replacements thereof and any proposed agreement that would encumber or transfer any
interest of the Contractor in such property before the Contractor’s execution of such
agreement. Augusta’s approval shall not be unreasonably withheld.
SECTION 16 - AFFIRMATIVE ACTION AND NON-DISCRIMINATION SERVICE
The Contractor shall not discriminate against any employee or applicant for employment because of race,
religion, creed, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin,
or the presence of any sensory, mental, or physical handicap, unless based upon a bonafide occupational
qualification. The Contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment, without regard to their of race, religion, creed, color, sex,
marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any
Attachment number 1 \nPage 25 of 37
Item # 28
P a g e | 26
Frontload Services
Augusta, GA
sensory, mental, or physical handicap. Such action shall include, but not be limited to the following:
employment, upgrading, promotion, demotion, transfer, recruitment or recruitment advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training, including
apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices are provided, setting forth the provisions of this non-discrimination
clause.
The Contractor will not discriminate against any Customer or Augusta resident in the provision of service
or quality of service on account of race, religion, creed, color, sex, marital status, sexual orientation,
political ideology, ancestry, national origin, or the presence of any sensory, mental, or physical handicap,
unless based upon a bona fide qualification to or for service. The Contractor shall provide the same good
quality service throughout Augusta without regard to racial, ethnic, or cultural characteristics or relative
standard of living of the neighborhood.
SECTION 17 – DRUG AND ALCOHOL FREE WORKPLACE
17.1 Drug and Alcohol Free Workplace
Augusta is a drug-free workplace employer. The Contractor hereby certifies that it has or it will
within thirty (30) days prior to the Start Date of the Contract:
a. Notify employees that the unlawful manufacture, distribution, dispensation, possession, or
use of alcohol or a controlled substance is prohibited in the workplace and specifying actions
that will be taken for violations of such prohibition;
b. Establish an alcohol and drug-free awareness program to inform employees about (i) the
dangers of alcohol and drug abuse in the workplace, (ii) the Contractor’s policy of
maintaining an alcohol and drug-free workplace, (iii) any available alcohol and drug
counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may
be imposed upon employees for alcohol and drug abuse violations;
c. Notify each employee that as a condition of employment, the employee will (i) abide by the
terms of the prohibition outlined above, and (ii) notify the Contractor of any alcohol or drug
statute conviction for a violation occurring in the workplace, or that could affect the
employees ability to perform their job, not later that five (5) days after such conviction;
d. Impose a sanction on, or requiring the satisfactory participation in an alcohol or drug
counseling, rehabilitation or abuse program by, an employee convicted of an alcohol or drug
crime;
e. Make a good faith effort to continue to maintain an alcohol and drug-free workplace for
employees; and require any party to which it subcontracts any portion of the work under the
Contract to comply with the above provisions.
f. A false certification or the failure to comply with the above alcohol and drug-free workplace
requirements during the performance of the Contract shall be grounds for suspension,
termination or debarment.
g. The foregoing provisions will be inserted in all subcontracts for work covered by this
Contract.
Attachment number 1 \nPage 26 of 37
Item # 28
P a g e | 27
Frontload Services
Augusta, GA
SECTION 18 - GENERAL PROVISIONS
18.1 Taxes
The Contractor shall promptly pay all taxes and license fees required by Augusta and by the State
of Georgia.
18.2 Permits
The Contractor shall obtain all licenses and permits (other than the license and permit granted by
the Agreement) required by Augusta, by the State of Georgia, or by the federal government.
18.3 Non-Assignment; Subcontracting; Delegation of Duties
Except for the subcontracting identified in the Contractor’s proposal, the Contractor shall not
assign or subcontract or transfer any of the work or delegate any of its duties under the Contract
without the prior written approval of Augusta, which approval may be withheld in Augusta’s sole
discretion. Notwithstanding the foregoing, Augusta’s approval shall not unreasonably be
withheld if the Contractor proposes to assign or transfer this Contract to an affiliate of the
Contractor or to Contractor’s parent corporation, provided that Contractor can establish to the
reasonable satisfaction of Augusta that (i) the assignee or transferee will operate the Contract in
substantially the same manner as the Contractor, will use substantially the same management and
collection personnel as Contractor, and possesses substantially the same financial capabilities as
Contractor and (ii) the assignee or transferee is not affiliated in any way with the company that
has a Contract for collection with Augusta for any portion of Augusta outside the Contractors
current Designated Collection Area.
In the event of an assignment, subcontract, or delegation of duties, the Contractor shall remain
responsible for the full and faithful performance of the Contract and the assignee, subcontractor,
or other obligor shall also become responsible to Augusta for the satisfactory performance of the
work assumed. Augusta may condition its approval upon the delivery by the assignee,
subcontractor or other obligor of its covenant to Augusta to fully and faithfully complete the work
or responsibility undertaken.
During the term of this Contract, the Contractor shall not have an ownership interest in any other
company that has a Contract for residential collection with Augusta.
Should a Contractor sub-contract work under this contract, a sub-contract contract/agreement
shall be generated in writing. This agreement shall at a minimum include the area to be serviced,
the price that the sub-contractor shall be paid, and the required sections under this contract that
flow through to a sub-contractor. A copy of said agreement(s) shall be provided to Augusta
within fourteen (14) days of execution.
18.4 Changes in Control
In the event of a change in “Control” of the Contractor (as defined below), Augusta shall
terminate the Contract for default unless Augusta has granted prior written approval. Such
approval shall be at the sole discretion of Augusta. Any approval by Augusta for transfer of
ownership or control shall be contingent upon the perspective controlling party becoming a
signatory to the Contract and otherwise complying with the terms of the Contract. The
Contractor shall notify Augusta within ten (10) days after it becomes aware that a change in
Control will occur. As used in the Contract, the term “Control” shall mean the possession, direct
or indirect of either;
Attachment number 1 \nPage 27 of 37
Item # 28
P a g e | 28
Frontload Services
Augusta, GA
a. The ownership of or ability to direct the voting of, as the case may be fifty one (51%) or more
of the equity interest, value or voting power of the Contractor; or
b. The power to direct or cause the direction of the management and policies of the Contractor
whether through the ownership of voting securities, by Contract or otherwise.
18.5 Laws and Regulations
The Contractor shall conduct operations under this Agreement in compliance with all applicable
laws, rules or standards. These shall include OSHA, EPA, EPD, Federal Highway Safety, as well
as state and local rules, regulations, and practices.
18.6 Governing Law; Forum; Venue
The terms, conditions and provisions in the Request for Proposal may supplement the Contract
between Augusta and the Contractor. The order of precedence will be the Contract, the RFP, the
winning proposer’s response and general law. This Agreement shall be governed under the laws
of the State of Georgia. The appropriate forum for judicial interpretation of this Agreement and
the sole venue for legal actions concerning this Contract shall be the Superior Courts of
Richmond County Georgia.
18.7 No Other Parties to Benefit
This Agreement is for the benefit of the parties hereto and does not enlarge any party's liability to
any third party. The provisions of this Agreement shall not be construed to create a higher
standard of safety or care in any evidentiary sense with respect to third party claims.
18.8 Appropriation of Funds
This Agreement and Augusta’s payment obligation for succeeding fiscal periods shall be subject
to the budget process, availability and appropriation of funds. In the event that Augusta does not
appropriate funds, said agreement shall terminate as required by statute.
18.9 Headings
The headings of the paragraphs and subparagraphs shall not be interpreted as a limitation upon
the language contained therein.
18.10 Severability
Should any term, provision, condition, or other portion of this Contract or its application be held
to be inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its
purposes, the remainder of this Contract or its application in other circumstances shall not be
affected thereby and shall continue in force and effect.
18.11 Indulgences Not Waivers
A waiver of any breach of any provision of the Agreement shall not constitute or operate as a
waiver of any breach of such provision or any other provision, nor shall any failure to enforce any
provision hereof operate as a waiver of such provision.
18.12 Modifications and Waiver
The parties must mutually agree upon any changes in the Agreement and must be incorporated by
written amendments to the Agreement. The Augusta Administrator or their designee shall have
the authority to amend the Agreement on behalf of Augusta.
Attachment number 1 \nPage 28 of 37
Item # 28
P a g e | 29
Frontload Services
Augusta, GA
This Agreement constitutes the entire agreement of the parties regarding the subject matter hereof
and may be amended or modified only by a written agreement signed by both parties.
18.13 Independent Contractor
The Contractor and Augusta agree that the Contractor is an independent contractor and not an
employee nor agent of Augusta. The Contractor shall have exclusive control of and the exclusive
right to control the details of the services and work performed, and such action does not create a
partnership, agency, joint venture or other similar relationship between Augusta and the
Contractor.
The Contractor agrees that it will not represent to anyone that its relationship with Augusta is
other than that of an independent contractor, and Augusta and the Contractor may so inform any
parties with whom they deal and may take any other responsible steps to carry out the intent of
this section. The Contractor shall be fully and solely responsible for its own acts and omissions
and those of its employees, officers, agents, and subcontractors.
18.14 Notices
Any notice required herein shall be given by certified mail to:
For Augusta:
Administrator
530 Greene Street, Room 802
Augusta, Georgia 30901
Mark Johnson
Director of Solid Waste
Augusta, Georgia
4330 Deans Bridge Road
Blythe, GA 30805
Telephone: 706-592-3201
Lori Videtto
Deputy Director of Solid Waste
Augusta, Georgia
4330 Deans Bridge Road
Blythe, GA 30805
Telephone: 706-592-3206
For the Contractor:
Monty Davison
Chief Financial Officer
Inland Service Corporation
8404 E. Gore Blvd.
Lawton, OK 73501
580-353-4556
580-353-4557 fax
956-346-5016 cell
Attachment number 1 \nPage 29 of 37
Item # 28
P a g e | 30
Frontload Services
Augusta, GA
Monty.davison@inlandservice.com
18.15 Dispute Settlement
Any claim, dispute, or other matter concerning the performance of the Contractor shall initially be
referred to the Environmental Services Director in writing, for a decision. Such decision shall be
rendered within thirty (30) days in writing, following the final presentation by the Contractor of
evidence or argument relative to such claim, dispute, or matter. The decision of the Director may
be appealed to Augusta’s Administrator or his designee, in writing, within fifteen (15) days from
the date of the Director's decision. Augusta’s Administrator must render a written decision to the
Contractor within thirty (30) days from the date of the appeal. The decision of the Administrator
shall be subject to formal mediation between the parties. The cost of mediation shall be shared
equally by the parties. If mediation is not successful, either party may bring an action in a court
of appropriate venue. In the event of any litigation between the parties, each party shall pay their
own attorney fees and despite who is the prevailing party, neither party shall be entitled to
reimbursement of attorney's fees in any litigation between the parties.
18.16 Augusta Not Liable for Delays
It is further expressly agreed that in no event shall Augusta be liable for or responsible to the
Contractor for or because of any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or due to any delay for any cause over which Augusta has
insufficient control to cause a different result.
18.17 Contractor Will Not Sell or Disclose Data
The Contractor will treat as confidential information, all data in connection with the Contract.
Augusta data processed by the Contractor shall remain the exclusive property of Augusta. The
Contractor will not reproduce, copy, duplicate, disclose or in any way treat the data supplied by
Augusta in any manner except as contemplated by this Contract.
18.18 No Publicity
No advertising, sales promotion or other materials of the Contractor or its agents or
representatives may be distributed to Customers without prior written approval of Augusta. The
Contractor, its agents or representatives shall not reference this Contract or Augusta in any
manner without the prior written consent of Augusta.
18.19 Contract Rights
1. The parties reserve the right to amend this Contract from time to time by mutual agreement in
writing.
2. Rights under this contract are cumulative, and in addition to rights existing at common law.
3. Payment by Augusta and performance by the contractor do not waive their Contractual rights.
4. Failure by either party on any occasion to exercise a Contractual right shall not forfeit or
waive the right to exercise the right of another occasion. The use of one remedy does not
exclude or waive the right to use another.
18.20 Open Records Act
Contractor acknowledges that Augusta records including this Contract are subject to Georgia’s
Open Records Act.
Attachment number 1 \nPage 30 of 37
Item # 28
P a g e | 31
Frontload Services
Augusta, GA
18.21 Interpretation
1. This Contract shall be interpreted as a whole and to carry out its purpose. This Contract is an
integrated document and contains all the promises of the parties; no earlier oral
understandings modify its provisions.
2. Captions are for convenient reference only. A caption does not limit the scope or add
commentary to the text.
18.22 Law; Venue
The laws of the State of Georgia shall govern the validity, construction and effect of this
Contract. The venue for any claims, litigation or causes of action between the parties shall be in
the Superior Court of Richmond County, Georgia.
18.23 Discretionary Waiver of Right to a Jury Trial
The Contractor and Augusta may waive all rights to have a trial by jury in any action, proceeding,
claim, or counterclaim brought by either of them against the other on any matter whatsoever
arising out of or in any way related to or connected with the Contract.
18.24 Specific Performance and Injunctive Relief
The Contractor agrees that the services are critical to Augusta’s operation and that monetary
damages are not an adequate remedy for the Contractors failure to provide services as required by
the Contract, nor could damages be the equivalent of the performance of such obligation.
Accordingly, the Contractor hereby consents to an order granting specific performance of such
obligations of the Contractor in a court of competent jurisdiction within the State of Georgia. The
Contractor further agrees that a failure by it to perform the services in the manner required by the
Contract will entitle Augusta to injunctive relief.
18.25 Severability
Should any term, provision, condition, or other portion of this Contract or its application be held
to be inoperative, invalid, or unenforceable, and the remainder of the Contract still fulfills its
purposes, the remainder of this Contract or its application in other circumstances shall not be
affected thereby and shall continue in force and effect.
18.26 Interest of the Parties
The Contractor covenants that its officers, employees and shareholders have no interest and shall
not acquire any interest, direct or indirect, which would conflict in any manner of degree with the
performance of services required under the Contract.
18.27 Force Majeure
1. The Contractor shall not be liable for any failure or delay in the performance of its
obligations pursuant to this Contract (and such failure or delay shall not be deemed a default
Attachment number 1 \nPage 31 of 37
Item # 28
P a g e | 32
Frontload Services
Augusta, GA
of this Contract or grounds for termination hereunder if all of the following conditions are
satisfied:
a. If such failure or delay
i. could not have been prevented by reasonable precaution, and
ii. cannot reasonably be circumvented by the non-performing party through the use of
alternate sources, work around plans, or other means, and
b. If and to the extent such failure or delay is caused, directly or indirectly by fire, flood,
hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
2. Upon the occurrence of an event which satisfies all of the conditions set forth above, the
Contractor shall be excused from any further performance of those obligations pursuant to
this Contract affected by the Force Majeure for as long as;
a. Such Force Majeure event continues and,
b. The Contractor continues to use commercially reasonable efforts to recommence
performance whenever and to whatever extent possible without delay.
3. Upon the occurrence of a Force Majeure event, the Contractor shall immediately notify
Augusta by telephone and confirmed in writing within two (2) days of the occurrence of a
Force Majeure and shall describe in reasonable detail the nature of the Force Majeure. If any
Force Majeure prevents the Contractor from performing its obligations for more than five (5)
days, Augusta may terminate this Contract.
4. Strikes, slow-downs, walkouts, lockouts and individual disputes are not excused under this
provision.
5. Augusta may grant variances in routes, schedules and materials collected as are reasonably
required and in the best interest of Augusta.
6. Augusta may negotiate with the Contractor fees for any additional work which the Contractor
may agree to perform in the event of a disaster.
18.28 E-Verify
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A.
§ 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with
Augusta, Georgia has registered with and is participating in a federal work authorization program. All
contractors and subcontractors must provide their E-Verify number and must be in compliance with the
electronic verification of work authorized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, pursuant to the
Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability
provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal
authorization program throughout the contract term. All contractors shall further agree that, should it
Attachment number 1 \nPage 32 of 37
Item # 28
P a g e | 33
Frontload Services
Augusta, GA
employ or contract with any subcontractor(s) in connection with the physical performance of services
pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each
subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on
the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors
shall further agree to maintain records of such compliance and provide a copy of each such verification to
Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services
“Contractor acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,
Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
contractual obligations and the consequences of Contractor's provision of goods or services to
Augusta, Georgia under an unauthorized contract, amendment, modification, change order or
other similar document, including the possibility that the Contractor may be precluded from
recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees
that if it provides goods or services to Augusta, Georgia under a contract that has not received
proper legislative authorization or if the Contractor provides goods or services to Augusta,
Georgia in excess of the any contractually authorized goods or services, as required by Augusta,
Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized
goods or services provided by Contractor. Contractor assumes all risk of non-payment for the
provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to
payment or to other remedies for the provision of any unauthorized goods or services to
Augusta, Georgia, however characterized, including, without limitation, all remedies at law or
equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts
for goods and services, except revenue producing contracts
SIGNATURES ON FOLLOWING PAGE
Attachment number 1 \nPage 33 of 37
Item # 28
P a g e | 34
Frontload Services
Augusta, GA
IN WITNESS HEREOF, the parties hereto have caused this Agreement to be executed by duly
authorized officers on this the ___day of ___________________, 20____.
BY:
Augusta, Georgia
_______________________
As its Mayor
Attest:
________________________
Clerk of Commission
The foregoing contract is hereby executed by the below-listed parties:
Contractor: ____________________________________
By: __________________________________________
As its: ________________________________________
Sworn to and subscribed before me on this _____ day of _________________, 20___.
______________________
Notary Public
My Commission Expires: _____________________
Attachment number 1 \nPage 34 of 37
Item # 28
P a g e | 35
Frontload Services
Augusta, GA
Pricing Page
Front Load Services
Container Size 1/week 2/week 3/week 4/week 5/week 6/week 7/week Unscheduled
2 yd 40.00$ 75.00$ 110.00$ 145.00$ 180.00$ 215.00$ 350.00$ 43.00$
4 yd 52.00$ 97.00$ 142.00$ 186.00$ 231.00$ 276.00$ 421.00$ 50.00$
6 yd 70.00$ 131.00$ 191.00$ 251.00$ 312.00$ 372.00$ 533.00$ 60.00$
8 yd 75.00$ 139.00$ 204.00$ 268.00$ 333.00$ 397.00$ 562.00$ 63.00$
2 yd 33.00$ 59.00$ 86.00$ 112.00$ 139.00$ 166.00$ 292.00$ 39.00$
4 yd 34.00$ 61.00$ 88.00$ 114.00$ 141.00$ 168.00$ 294.00$ 41.00$
6 yd 36.00$ 63.00$ 89.00$ 116.00$ 143.00$ 169.00$ 296.00$ 43.00$
8 yd 38.00$ 64.00$ 91.00$ 118.00$ 144.00$ 171.00$ 297.00$ 44.00$
Casters 15
Locking Device 10.25
1x per week 2x per week 3x per week 4x per week
Single 96-
gal cart 15.04$ 28.06$ 41.08$ 54.10$
Price per
additional
cart 7.23$ 12.44$ 17.64$ 22.85$
Rollout Monthly Pricing Option
Frequency
Pricing in the white area shall be monthly
Pricing in the shaded section shall be per one-time collection
Tr
a
s
h
Re
c
y
c
l
i
n
g
Ac
c
e
s
s
o
r
i
e
s
Attachment number 1 \nPage 35 of 37
Item # 28
P a g e | 36
Frontload Services
Augusta, GA
Current Service Unit List:
Attachment number 1 \nPage 36 of 37
Item # 28
P a g e | 37
Frontload Services
Augusta, GA
Attachment number 1 \nPage 37 of 37
Item # 28
Invitation to Bid
Sealed bids will be received at this office on Tuesday, September 24, 2013 @ 3:00 p.m. for furnishing:
Bid Item 13-196 Front Load Service 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 Friday, September 13, 2013 @ 5:00 P.M. No bid will be accepted by fax,
all must be received by mail or hand delivered.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
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 August 22, 29, September 5, 12, 2013
Metro Courier August 28, 2013
Revised: 3/7/2013
Attachment number 2 \nPage 1 of 1
Item # 28
Vendors
Inland Service Corp
14101 Highway 290 West
Austin, TX 78737
Advanced Disposal
Services
5734 Columbia Road
Grovetown, GA 30813
Waste Management
208 Prep Phillips Dr
Augusta, GA 30901
Precision Waste Ser
946 Mesena Road
Thomson, GA 30824
Coleman Sanitation
3010 Georgia Rd
Augusta, GA 30906
Attachment B Yes Yes Yes Yes
E-Verify Number 511713 11815 102444 422680
Addendum 1 Yes Yes Yes Yes
SAVE Form Yes Yes Yes Yes
1/week $40.00 $34.64 No Bid Response $20.78
2/week $75.00 $69.28 No Bid Response $41.57
3/week $110.00 $103.92 No Bid Response $62.35
4/week $145.00 $138.56 No Bid Response $83.14
5/week $180.00 $173.20 No Bid Response $103.92
6/week $215.00 $207.00 No Bid Response $124.70
7/week $350.00 $242.48 No Bid Response $175.00
Unscheduled $43.00 $45.00 No Bid Response $45.00
1/week $52.00 $53.26 No Bid Response $41.57
2/week $97.00 $106.52 No Bid Response $83.14
3/week $142.00 $159.78 No Bid Response $124.70
4/week $186.00 $213.04 No Bid Response $166.27
5/week $231.00 $266.30 No Bid Response $207.84
6/week $276.00 $319.55 No Bid Response $249.41
7/week $421.00 $372.81 No Bid Response $335.00
Unscheduled $50.00 $45.00 No Bid Response $50.00
1/week $70.00 $54.56 No Bid Response $62.35
2/week $131.00 $109.31 No Bid Response $124.70
Frequency per Container Size-4yd (Trash)
Frequency per Container Size-6yd (Trash)
Bid Opening Date: Tuesday, September 24, 2013 @ 3:00 p.m.
Front Load Services
Frequency per Container Size-2yd (Trash)
Bid Item #13-196
Front Load Service
for the City of Augusta - Environmental Services Department
Late
Page 1 of 7
Attachment number 3 \nPage 1 of 7
Item # 28
Vendors
Inland Service Corp
14101 Highway 290 West
Austin, TX 78737
Advanced Disposal
Services
5734 Columbia Road
Grovetown, GA 30813
Waste Management
208 Prep Phillips Dr
Augusta, GA 30901
Precision Waste Ser
946 Mesena Road
Thomson, GA 30824
Coleman Sanitation
3010 Georgia Rd
Augusta, GA 30906
Bid Opening Date: Tuesday, September 24, 2013 @ 3:00 p.m.
Bid Item #13-196
Front Load Service
for the City of Augusta - Environmental Services Department
Late
3/week $191.00 $171.47 No Bid Response $187.06
4/week $251.00 $228.62 No Bid Response $249.41
5/week $312.00 $285.78 No Bid Response $311.76
6/week $372.00 $342.09 No Bid Response $374.11
7/week $533.00 $400.09 No Bid Response $465.00
Unscheduled $60.00 $45.00 No Bid Response $55.00
1/week $75.00 $76.21 No Bid Response $83.14
2/week $139.00 $152.42 No Bid Response $166.27
3/week $204.00 $228.62 No Bid Response $249.41
4/week $268.00 $304.83 No Bid Response $332.54
5/week $333.00 $381.04 No Bid Response $415.68
6/week $397.00 $457.25 No Bid Response $498.82
7/week $562.00 $533.46 No Bid Response $635.00
Unscheduled $63.00 $45.00 No Bid Response $60.00
1/week $33.00 $30.00 No Bid Response $18.62
2/week $59.00 $60.00 No Bid Response $37.24
3/week $86.00 $90.00 No Bid Response $55.86
4/week $112.00 $120.00 No Bid Response $74.48
5/week $139.00 $150.00 No Bid Response $93.10
6/week $166.00 $180.00 No Bid Response $111.71
7/week $292.00 $210.00 No Bid Response $130.33
Unscheduled $39.00 $30.00 No Bid Response $60.00
Frequency per Container Size-8yd (Trash)
Frequency per Container Size-2yd (Recycling)
Frequency per Container Size-4yd (Recycling)
Page 2 of 7
Attachment number 3 \nPage 2 of 7
Item # 28
Vendors
Inland Service Corp
14101 Highway 290 West
Austin, TX 78737
Advanced Disposal
Services
5734 Columbia Road
Grovetown, GA 30813
Waste Management
208 Prep Phillips Dr
Augusta, GA 30901
Precision Waste Ser
946 Mesena Road
Thomson, GA 30824
Coleman Sanitation
3010 Georgia Rd
Augusta, GA 30906
Bid Opening Date: Tuesday, September 24, 2013 @ 3:00 p.m.
Bid Item #13-196
Front Load Service
for the City of Augusta - Environmental Services Department
Late
1/week $34.00 $30.00 No Bid Response $37.24
2/week $61.00 $60.00 No Bid Response $74.48
3/week $88.00 $90.00 No Bid Response $111.71
4/week $114.00 $120.00 No Bid Response $148.95
5/week $141.00 $150.00 No Bid Response $186.19
6/week $168.00 $180.00 No Bid Response $223.43
7/week $294.00 $210.00 No Bid Response $260.67
Unscheduled $41.00 $30.00 No Bid Response $60.00
1/week $36.00 $30.00 No Bid Response $55.86
2/week $63.00 $60.00 No Bid Response $111.71
3/week $89.00 $90.00 No Bid Response $167.57
4/week $116.00 $120.00 No Bid Response $223.43
5/week $143.00 $150.00 No Bid Response $279.29
6/week $169.00 $180.00 No Bid Response $335.14
7/week $296.00 $210.00 No Bid Response $391.00
Unscheduled $43.00 $30.00 No Bid Response $60.00
1/week $38.00 $30.00 No Bid Response $74.48
2/week $64.00 $60.00 No Bid Response $148.95
3/week $91.00 $90.00 No Bid Response $223.43
4/week $118.00 $120.00 No Bid Response $297.90
5/week $144.00 $150.00 No Bid Response $372.38
6/week $171.00 $180.00 No Bid Response $446.86
7/week $297.00 $210.00 No Bid Response $521.33
Frequency per Container Size-8yd (Recycling)
Frequency per Container Size-6yd (Recycling)
Page 3 of 7
Attachment number 3 \nPage 3 of 7
Item # 28
Vendors
Inland Service Corp
14101 Highway 290 West
Austin, TX 78737
Advanced Disposal
Services
5734 Columbia Road
Grovetown, GA 30813
Waste Management
208 Prep Phillips Dr
Augusta, GA 30901
Precision Waste Ser
946 Mesena Road
Thomson, GA 30824
Coleman Sanitation
3010 Georgia Rd
Augusta, GA 30906
Bid Opening Date: Tuesday, September 24, 2013 @ 3:00 p.m.
Bid Item #13-196
Front Load Service
for the City of Augusta - Environmental Services Department
Late
Unscheduled $44.00 $30.00 No Bid Response $60.00
Casters $15.00 $5.00 No Bid Response $25.00
Locking Device $10.25 $5.00 No Bid Response $9.00
1/week $40.00 $34.64 $36.58 $19.31
2/week $75.00 $69.28 $73.09 $38.62
3/week $110.00 $103.92 $109.63 $57.94
4/week $145.00 $138.56 $146.13 $77.25
5/week $180.00 $173.20 $182.72 $96.56
6/week $215.00 $207.00 $259.80 $115.87
7/week $350.00 $242.48 $311.76 $165.18
Unscheduled $43.00 $45.00 $85.00 $45.00
1/week $52.00 $53.26 $48.49 $38.62
2/week $97.00 $106.52 $96.99 $77.25
3/week $142.00 $159.78 $145.48 $115.87
4/week $186.00 $213.04 $193.98 $154.49
5/week $231.00 $266.30 $242.48 $193.12
6/week $276.00 $319.55 $519.60 $231.74
7/week $421.00 $372.81 $727.44 $305.37
Unscheduled $50.00 $45.00 $85.00 $50.00
1/week $70.00 $54.56 $57.96 $57.94
2/week $131.00 $109.12 $113.25 $115.87
Accessories
Front Load Services Diesel Powered Trucks
Frequency per Container Size-2yd (Trash)
Frequency per Container Size-4yd (Trash)
Frequency per Container Size-6yd (Trash)
Page 4 of 7
Attachment number 3 \nPage 4 of 7
Item # 28
Vendors
Inland Service Corp
14101 Highway 290 West
Austin, TX 78737
Advanced Disposal
Services
5734 Columbia Road
Grovetown, GA 30813
Waste Management
208 Prep Phillips Dr
Augusta, GA 30901
Precision Waste Ser
946 Mesena Road
Thomson, GA 30824
Coleman Sanitation
3010 Georgia Rd
Augusta, GA 30906
Bid Opening Date: Tuesday, September 24, 2013 @ 3:00 p.m.
Bid Item #13-196
Front Load Service
for the City of Augusta - Environmental Services Department
Late
3/week $191.00 $163.67 $173.88 $173.81
4/week $251.00 $218.23 $231.84 $231.74
5/week $312.00 $272.79 $313.72 $289.68
6/week $372.00 $327.35 $376.46 $347.61
7/week $533.00 $381.91 $727.44 $445.43
Unscheduled $60.00 $45.00 $85.00 $55.00
1/week $75.00 $71.01 $67.54 $77.25
2/week $139.00 $142.02 $135.09 $154.49
3/week $204.00 $213.04 $197.44 $231.74
4/week $268.00 $284.04 $263.26 $308.99
5/week $333.00 $355.06 $329.08 $386.24
6/week $397.00 $426.01 $394.89 $463.48
7/week $562.00 $497.08 $969.92 $585.43
Unscheduled $63.00 $45.00 $85.00 $60.00
1/week $33.00 $30.00 $26.50 $17.75
2/week $59.00 $60.00 $58.24 $35.51
3/week $86.00 $90.00 $80.54 $53.26
4/week $112.00 $120.00 $110.20 $71.01
5/week $139.00 $150.00 $147.00 $88.77
6/week $166.00 $180.00 $174.99 $106.52
7/week $292.00 $210.00 $299.22 $130.33
Unscheduled $39.00 $30.00 $85.00 $45.00
1/week $34.00 $30.00 $32.04 $35.51
Frequency per Container Size-4yd (Recycling)
Frequency per Container Size-8yd (Trash)
Frequency per Container Size-2yd (Recycling)
Page 5 of 7
Attachment number 3 \nPage 5 of 7
Item # 28
Vendors
Inland Service Corp
14101 Highway 290 West
Austin, TX 78737
Advanced Disposal
Services
5734 Columbia Road
Grovetown, GA 30813
Waste Management
208 Prep Phillips Dr
Augusta, GA 30901
Precision Waste Ser
946 Mesena Road
Thomson, GA 30824
Coleman Sanitation
3010 Georgia Rd
Augusta, GA 30906
Bid Opening Date: Tuesday, September 24, 2013 @ 3:00 p.m.
Bid Item #13-196
Front Load Service
for the City of Augusta - Environmental Services Department
Late
2/week $61.00 $60.00 $64.08 $71.01
3/week $88.00 $90.00 $96.10 $106.52
4/week $114.00 $120.00 $128.40 $142.02
5/week $141.00 $150.00 $160.45 $177.53
6/week $168.00 $180.00 $207.84 $213.04
7/week $294.00 $210.00 $342.48 $265.67
Unscheduled $41.00 $30.00 $85.00 $55.00
1/week $36.00 $30.00 $42.86 $53.26
2/week $63.00 $60.00 $85.74 $106.52
3/week $89.00 $90.00 $128.60 $159.78
4/week $116.00 $120.00 $171.46 $213.04
5/week $143.00 $150.00 $214.33 $266.30
6/week $169.00 $180.00 $277.20 $319.55
7/week $296.00 $210.00 $579.02 $405.43
Unscheduled $43.00 $30.00 $85.00 $55.00
1/week $38.00 $30.00 $55.00 $71.01
2/week $64.00 $60.00 $114.31 $142.02
3/week $91.00 $90.00 $171.46 $213.04
4/week $118.00 $120.00 $228.78 $284.05
5/week $144.00 $150.00 $285.78 $355.06
6/week $171.00 $180.00 $340.00 $426.07
7/week $297.00 $210.00 $850.00 $555.43
Unscheduled $44.00 $30.00 $85.00 $60.00
Frequency per Container Size-6yd (Recycling)
Frequency per Container Size-8yd (Recycling)
Accessories
Page 6 of 7
Attachment number 3 \nPage 6 of 7
Item # 28
Vendors
Inland Service Corp
14101 Highway 290 West
Austin, TX 78737
Advanced Disposal
Services
5734 Columbia Road
Grovetown, GA 30813
Waste Management
208 Prep Phillips Dr
Augusta, GA 30901
Precision Waste Ser
946 Mesena Road
Thomson, GA 30824
Coleman Sanitation
3010 Georgia Rd
Augusta, GA 30906
Bid Opening Date: Tuesday, September 24, 2013 @ 3:00 p.m.
Bid Item #13-196
Front Load Service
for the City of Augusta - Environmental Services Department
Late
Casters $15.00 $5.00 $45.00 $25.00
Locking Device $10.25 $5.00 $25.00 $9.00
The following vendors submitted a statement of "No Bid":
Augusta Disposal / 851 Triangle Industrial Court / Evans, GA 30809
Page 7 of 7
Attachment number 3 \nPage 7 of 7
Item # 28
Attachment number 4 \nPage 1 of 3
Item # 28
Attachment number 4 \nPage 2 of 3
Item # 28
Attachment number 4 \nPage 3 of 3
Item # 28
Attachment number 5 \nPage 1 of 3
Item # 28
Attachment number 5 \nPage 2 of 3
Item # 28
Attachment number 5 \nPage 3 of 3
Item # 28
Commission Meeting Agenda
1/21/2014 2:00 PM
Approve award to HDR Engineering, Inc.; reference RFQ #11-080: Engineering Services for Leak
Detection Study (Phase II)
Department:Augusta Utilities Department
Caption:Motion to approve contract award to HDR Engineering, Inc. for
Leak Detection Services (Phase II) in the amount of $199,700.00.
Request for Qualifications RFQ #11-080. (Approved by
Engineering Services Committee January 13, 2014)
Background:The Augusta Utilities Department, as part of its Water
Conservation Program, is seeking information on the loss of water
through a leak detection study. Augusta Utilities Department is
seeking to have a comprehensive water leak detection survey
using state of the art sonic detection and computer correlation
equipment. The scope of the services includes a leak detection
survey, a professional assessment document outlining the
findings, a prioritized recommendation of improvements, and a
final report of the study. Phase II will continue leak
detection efforts in the pressure Zones 500, 417N, and 546.
Analysis:Augusta Utilities Department has evaluated the proposal made by
HDR Engineering. AUD determined that the proposal is fair and
reasonable to accomplish the tasks imposed by the scope of the
leak detection study.
Financial Impact:$199,700.00, under account number 507043490-5212999 /
81100010-5212999
Alternatives:Rejection of this award of the Leak Detection Study would delay
the Augusta Utilities Department ability to expedite the current
stipulations of Water Conservation Program of the department.
Recommendation:Recommend Commission approve the award to HDR
Engineering, Inc. in reference to RFQ #11-080: Engineering
Services for: Leak Detection Study for the City of Augusta -
Augusta Utilities Department in the amount of $199,700.00
Cover Memo
Item # 29
Funds are Available
in the Following
Accounts:
$199,700.00 from account 507043490-5212999 / 81100010-
5212999
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 29
1 OF 5 REVISION DATE: June 2006
ATTACHMENT A – SCOPE OF SERVICES
PROJECT DESCRIPTION:
The CONSULTANT will perform a leak detection study for a portion of the CITY’s service area.
The study will incorporate leak detection in water pressure zones 500, 417N and 564, which was
calculated from GIS data to be 249.3miles of pipe. The estimated pipe materials in these zones,
based on information provided by the CITY, is as follows:
Distribution
Zone 500 – 80% AC, 10% PVC, 10% DIP
Zone 417N – 80% AC, 10% PVC, 10% DIP
Zone 564 – 60% AC, 40% PVC
Transmission
Primarily Cast Iron and DIP
The study will include evaluation of existing water production and consumption data, leak
detection field services, survey results, draft and final reports.
SURVEY OBJECTIVES:
1. Project Kick-Off Meeting: A project kick-off meeting will be held to discuss the scope of
the project, schedule, introduce field crews to the appropriate OWNER staff, and to answer
logistical questions and establish the chain of communications.
2. Evaluate Existing Data: ENGINEER will evaluate 5 years worth of water production and
consumption data, if available, for Zones 500,417N and 564 to estimate the amount of non-
revenue water the OWNER has historically experienced. This data will include water
produced from all sources, quantities of water delivered to wholesale customers and billed
water per month.
3. Develop Field Maps: The ENGINEER will develop field maps to facilitate field survey
activities. These maps will include pipe sizes, materials and locations of pipes, meters,
hydrants, plants, pump stations and other pertinent information from the OWNER’s GIS
data. These maps will be used to develop field reports as described below.
Attachment number 1 \nPage 1 of 5
Item # 29
4. Field Survey: The leak detection field survey will be conducted by ADS Environmental
Services (ADS). Leak correlation equipment will be used to perform leak detection. This
will enable the location and size of the leak to be determined. Every confirmed leak will
have its coordinates and listening points surveyed, which will be documented in a GIS
database. Electronic field reports of all leaks will be developed on a weekly basis, showing
the location of leaks, leak classification and estimated water loss. Bi-weekly tailgate
meetings will be held between the ENGINEER and OWNER to discuss progress, projected
work, any issues or problems, and to exchange field reports. Survey results will be
reported to the OWNER immediately if a leak is identified to have a leakage rate greater
than 10 gallons per minute.
5. Progress Meeting: One progress meeting will be held at the mid-point of the field survey to
provide an update on progress and to discuss any survey, traffic or other related issues.
6. Draft Report, Review Meeting and Final Report: A draft report summarizing the results of
the study will be prepared and four (4) copies will be submitted to the OWNER for review.
A review meeting between the ENGINEER and OWNER will be held and comments from
the meeting incorporated into a final report. Six (6) copies of the final report will be
submitted to the OWNER. The GIS database of surveyed leak locations will be provided
to the OWNER electronically to assist in adding this information to the OWNER’s GIS
system.
7. Fee Estimate: The fee for this PROJECT is $199,700. Leak Detection Services will be
provided on a Lump Sum basis. If additional services are needed for the field crew they
will be provided at a daily rate of $1,353. This assumes the crew is already mobilized on
site.
8. The ENGINEER will complete Tasks 1 through 5 and submit the draft report
approximately 180 days from the Notice to Proceed. A final report will be issued two
weeks following receipt of comments from the OWNER on the draft report.
Attachment number 1 \nPage 2 of 5
Item # 29
ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONSULTANT for services, which have been authorized by the
CITY under the terms of this Agreement.
The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY
and accompanied by all support documentation requested by the CITY, for payment for the
services, which were completed during the billing period. The CITY shall review for approval
said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not
properly supported, or if the costs requested or a part thereof, as determined solely by the CITY,
are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay
each such invoice or portion thereof as approved, provided that the approval or payment of any
such invoice shall not considered to be evidence of performance by the CONSULTANT to the
point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by
such invoice. The CITY shall pay any undisputed items contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems, which have been encountered, which may inhibit
execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and
an itemized description of the percentage of total work completed for each phase during the
billing period.
When the CITY authorizes the CONSULTANT to proceed with the work authorized, it agrees to
pay the CONSULTANT for work completed.
Compensation for professional services shall be invoiced based on the sum of all actual costs
incurred in the performance of the work, including all direct, payroll, overall and profit cost in a
lump sum amount not-to-exceed the compensation set forth in the terms of the Agreement. All
invoices submitted by the CONSULTANT shall be detailed to reflect incurred expenses and labor
hours.
Overtime may be performed at the discretion of the CONSULTANT, but the premium time
portion of the overtime will not be billed to the CITY unless the CONSULTANT has requested
acceleration of the scheduled work in writing.
Attachment number 1 \nPage 3 of 5
Item # 29
ATTACHMENT C – LISTING OF KEY PERSONNEL
CONSULTANT shall provide qualified personnel to perform its work. The list of key personnel
below, including a designated Program Manager will not change or be reassigned without the
written approval of the CITY. Those personnel committed for this work are as follows:
Tracy Lewis, P.E. Project Manager 843-414-3716
Michael Starks Field Operations Manager 859-283-0130
Scott Williams, P.E. Local Coordinator 706-722-1588
Attachment number 1 \nPage 4 of 5
Item # 29
ATTACHMENT D – SCHEDULE FOR PERFORMANCE
Tasks 1 & 2: Notice to Proceed (NTP) + 30 Days
Task 3: NTP + 30 days
Task 4: NTP + 30 days – NTP + 150 days
Task 5: NTP+90 days
Task 6: NTP + 180 days. A final report will be issued two weeks following receipt of
comments from the OWNER on the draft report.
Attachment number 1 \nPage 5 of 5
Item # 29
REQUEST FOR QUALIFICATIONS
Request for Qualifications will be received at this office until Wednesday, January 12, 2011 @ 3:00 p.m. FOR
FURNISHING:
RFQ Item #11-054 Water and Wastewater System Master Plan for Utilities Department
RFQ Item #11-055 Utility Business Plan for Utilities Department
RFQ Item #11-056 Water and Wastewater Rate Study for Utilities Department
RFQ Item #11-059 Watershed Assessment/Source Water Assessment Plan for Utilities
Department
RFQ Item #11-077 Emergency Response Plan for Utilities Department
RFQ Item #11-080 Leak Detection Study for Utilities Department
RFQs 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
RFQ documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street
– Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the
Procurement Department by Tuesday, December 28, 2010 @ 5:00 p.m. by fax at 706-821-2811 or by email
@ procbidandcontract@augustaga.gov. No RFQ 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 on an eligible local project, the certification statement as a local bidder and all
supporting documents must be submitted to the Procurement Department with your bonafide bid
package.
No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.
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. Please mark RFQ number on the outside of the envelope.
Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE,
MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the
Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business
Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds,
Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in
accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle December 2, 9, 16, 23, 2010
Metro Courier December 8, 2010
cc: Tameka Allen Interim Deputy Administrator
Tom Wiedmeier Utilities Department
Drew Goins Utilities Department
Attachment number 2 \nPage 1 of 1
Item # 29
VENDORS Attachment B Bidders Form
Addendums
1 & 2 Original 7 Copies
Shaw Environmental & Infrastructure
11560 Great Oaks Way Ste 500
Alpharetta GA 30022
YES YES YES YES YES
HDR Engineering Inc
1201 Peachtree Street NE
Atlanta GA 30361
YES YES YES YES YES
W.K. Dickson
1450 Greene Street, Ste 225
Augusta GA 30901
YES YES YES YES YES
Wachs Valve & Hydrant Services LLC
801 Asbury Drive
Buffalo Grove, IL 60089
YES YES YES YES YES
Woolpert
375 Northridge Road Ste 100
Atlanta GA 30350
YES YES YES YES YES
Zel Engineers
435 Telfair Street
Augusta GA 30901
YES YES YES YES YES
Gannett Fleming
301 South McDowell Street Ste 1008
Charlotte NC 28204
Utilities Services Associates
919 SW 150th Street Ste B
Burien WA 98166
Black & Veatch
11401 Lamar Avenue
Overland Park KS 66211
Heery International
999 Peachtree Street, NE Ste 300
Atlanta, GA 30309
Jacobs Engineering Group Inc
6801 Governors Lake Pkwy Bldg 200
Norcross, GA 30071
Parsons Brinckerhoff
3340 Peachtree Road, NE Ste 2400 Tower
Place 100
Atlanta GA 30326
Woodard & Curran
2905 Premiere Parkway Ste 175
Duluth GA 30097
SUBMITTED NO BID RESPONSE
RFQ Item #11-080
Leak Detection Study
for the City of Augusta - Utilities Department
RFQ Due: Wednesday, January 26, 2011 @ 11:00 a.m.
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
SUBMITTED NO BID RESPONSE
Non-Compliant
Attachment B Missing Notary Seal
Non-Compliant
Missing E-Verify Number
Missing Business License Info
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 29
Evaluation Criteria PTS
Shaw Environmental
& Infrastructure
11560 Great Oaks
Way Ste 500
Alpharetta GA 30022
HDR Engineering Inc
1201 Peachtree
Street NE
Atlanta GA 30361
W.K. Dickson
1450 Greene Street,
Ste 225
Augusta GA 30901
Wachs Valve &
Hydrant Services
LLC
801 Asbury Drive
Buffalo Grove, IL
60089
Woolpert
375 Northridge Road
Ste 100
Atlanta GA 30350
Zel Engineers
435 Telfair Street
Augusta GA 30901
1. Firms experience and
performance on projects of
similar size and scope 25
22.0 21.7 23.3 20.7 19.3 15.0
2. Firms Quality Control,
Quality Assurance and Project
Tracking 20
17.0 17.0 17.0 15.3 17.0 17.0
3. Project Approach and
Understanding 25 22.0 21.0 21.7 21.0 20.3 15.7
4. Qualifications, experience,
references and availability of
Key Staff 25
21.0 20.0 21.3 19.7 19.0 16.7
5. Proximity to Area 5 2.7 3.3 5.0 2.3 3.3 5.0
Total 100 84.7 83.0 88.3 79.0 79.0 69.3
2 3 1
2.7 1.0 2.3
Cumulative Evaluation Sheet - RFQ Item #11-080
Leak Detection Study
for the City of Augusta - Utilities Department
Shortlisted
Presentation
Attachment number 4 \nPage 1 of 1
Item # 29
Attachment number 5 \nPage 1 of 1
Item # 29
Attachment number 6 \nPage 1 of 4
Item # 29
Attachment number 6 \nPage 2 of 4
Item # 29
Attachment number 6 \nPage 3 of 4
Item # 29
Attachment number 6 \nPage 4 of 4
Item # 29
Attachment number 7 \nPage 1 of 5
Item # 29
Attachment number 7 \nPage 2 of 5
Item # 29
Attachment number 7 \nPage 3 of 5
Item # 29
Attachment number 7 \nPage 4 of 5
Item # 29
Attachment number 7 \nPage 5 of 5
Item # 29
Commission Meeting Agenda
1/21/2014 2:00 PM
Approve construction contract award in the amount of $1,716,796.40 to Blair Construction for the Sewer
Line Replacements for Fort Gordon Recreation Area at Thurmond Lake . Bid item #13-219.
Department:Augusta Utilities Department
Caption:Motion to approve construction contract award to Blair
Construction in the amount of $1,716,796.40. (Approved by
Engineering Services Committee January 13, 2014)
Background:The project is located at Fort Gordon Recreation Area at
Thurmond Lake in Columbia County, GA. The project
is replacing and upgrading the sewer system at Fort Gordon
Recreation Area. This project will consist of installation of
approximately 9,400LF of gravity sewer main, 4,400LF of sewer
force main and the replacement of 4 lift stations.
Analysis:Blair Construction submitted an acceptable bid package and was
the lowest responsive bidder. The staff of the Utilities Department
and the design engineering firm, Khafra Engineering, evaluated
the bid tabulations and it is recommended that the contract be
awarded to Blair Construction.
Financial Impact:The contract construction amount of $1,716,796.40 is available
from account 507043420-5425210 / 88880070-5425210
Alternatives:Award the contract to Blair Construction
Recommendation:It is recommended to award the construction contract to Blair
Construction. in the amount of $1,716,796.40
Funds are Available
in the Following
Accounts:
507043420-5425210 / 88880070-5425210
REVIEWED AND APPROVED BY:
Cover Memo
Item # 30
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 30
KHAFRA ENGINEERING AUGUSTA, GA (706) 250‐3056
December 3, 2013
Mr. Tom Wiedmeier, Director
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, GA 30901
RE: Sewer System Upgrade for Fort Gordon Recreation Area at Thurmond Lake
Procurement Bid Item: 13‐219
AUD Project No. RR 20138
Engineer’s Recommendation of Award
Dear Mr. Wiedmeier:
KHAFRA Engineering Consultants, Inc. was present during the bid opening for the above referenced
project at 3:00 p.m. on Thursday, November 21, 2013. Bids from three bidders were received for this
project. The procurement department opened each bid and determined all three bidders appeared
compliant. After the bids were open and read aloud, the Procurement Department verified that the bids
from the three publicly read bidders were compliant, with all required documentation submitted with
the bid.
We have tabulated and extended the unit prices of the three compliant bidders, which is attached for
your use. The results are summarized from lowest to highest bidder as:
Firm Base Bid
1. Blair Construction $ 1,716,796.40
2. CMI $ 2,179,480.92
3. Larry Pittman & Associates $ 2,199,888.37
KHAFRA prepared an opinion of construction costs for this project in the amount of $1,755,148.87,
which is included in the attached bid tabulation. Our cost opinion is approximately the same as the
apparent low bidder’s amount.
Both the City of Augusta and the Augusta Utilities Department have had favorable success contracting
with Blair Construction on past projects. Our review of their bid tabulation and Qualification of Bidders
deems Blair Construction a responsive and responsible bidder.
Based upon the above information, we recommend that Blair Construction be awarded this project for
the Bid Price of $1,716,796.40, contingent upon receiving favorable recommendations from the
Procurement Department, Legal Department, and the Disadvantaged Business Enterprise Office.
Attachment number 1 \nPage 1 of 2
Item # 30
December 3, 2013
Mr. Tom Wiedmeier, Director
Sewer System Upgrade for Fort Gordon Recreation Area at Thurmond Lake
AUD Project No. RR 20138
Engineer’s Recommendation of Award
Page 2 of 2
If you have any questions or concerns with regards to this recommendation, please feel free to contact
us at your convenience.
Sincerely,
KHAFRA Engineering Consultants, Inc.
Merideth K. Pool, P.E.
Enc. Bid Tabulation dated 12/3/13
Cc: Jerry Delaughter, AUD
Deanna Davis, AUD
Stanley Aye, AUD
File 12AUG01
Attachment number 1 \nPage 2 of 2
Item # 30
Invitation to Bid
Sealed bids will be received at this office on Tuesday, November 19, 2013 @ 3:00 p.m. for furnishing:
Bid Item 13-219 Sewer System Upgrade for Fort Gordon Recreation Area @ Thurmond Lake 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 examined at the office of the Augusta, GA Procurement Department, 530 Greene
Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by
all prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans
and specifications which are non-refundable is $150.00.
It is the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate
this policy the Owner is providing the opportunity to view plans online (www.augustablue.com) at no charge
through Augusta Blue Print (706 722-6488) beginning Thursday October 10, 2013. Bidders are cautioned
that submitting a package without Procurement of a complete set are likely to overlook issues of construction
phasing, delivery of goods or services, or coordination with other work that is material to the successful
completion of the project. Bidders are cautioned that acquisition of documents through any other source is
not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving
incomplete or inaccurate information upon which to base his qualifications.
A Mandatory Pre Bid Conference will be held on Friday, November 1, 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 Tuesday, November 5, 2013 @ 5:00 p.m. No bid will be accepted by fax, all must be
received by mail or hand delivered.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted along with the bidders’ qualifications; a 100% performance
bond and a 100% payment bond will be required for award.
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and
shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual
terms and conditions, applicable to the procurement. All specific requirements contained in the
invitation to bid including, but not limited to, the number of copies needed, the timing of the
submission, the required financial data, and any other requirements designated by the Procurement
Department are considered material conditions of the bid which are not waiveable or modifiable by
the Procurement Director. All requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for
approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle October 10, 17, 24, 31, 2013
Metro Courier October 16, 2013
Revised: 3/7/2013
Attachment number 2 \nPage 1 of 1
Item # 30
VENDORS Attachment B E-Verify # SAVE Form Addendum 1 Bid Bond Base Bid
BLAIR CONSTRUCTION
P. O. BOX 770
EVANS, GA 30809
Yes 224004 Yes Yes Yes $1,716,796.40
LARRY PITTMAN &
ASSOCIATES
1249 GORDON PARK RD
AUGUSTA, GA 30901
Yes 230014 Yes Yes Yes $2,199,888.37
EAGLE UTILITY
1350 BRANCH ROAD
BISHOP, GA 30627
ANDERSON GRADING &
PIPELINE
134 1/2 NORTH BROAD ST
MONROE, GA 30655
MOORHEAD
CONSTRUCTION
1513 ANDERSON STREET
BELTON, SC 29627
CMI
1875 KILLINGSWORTH RD
AUGUSTA, GA 30904
Yes 225306 Yes Yes Yes $2,179,480.92
BEAM'S CONTRACTING
15030 ATOMIC ROAD
BEECH ISLAND, SC 29842
Bid Item #13-219
Sewer System Upgrade for Fort Gordon Recreation Area @ Thurmond Lake
for Augusta, Georgia - Utilities Department
Bid Due: Thursday, November 21, 2013 @ 3:00 p.m.
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 30
Attachment number 4 \nPage 1 of 2
Item # 30
Attachment number 4 \nPage 2 of 2
Item # 30
Attachment number 5 \nPage 1 of 1
Item # 30
Attachment number 6 \nPage 1 of 2
Item # 30
Attachment number 6 \nPage 2 of 2
Item # 30
Commission Meeting Agenda
1/21/2014 2:00 PM
Approve the award of Bid Item 13-224 to Augusta Quality Lawn care for vacant lot cutting and cleaning
services.
Department:Environmental Services
Caption:Motion to approve the award of Bid Item 13-224 to Augusta
Quality Lawn Care for vacant lot cutting and cleaning services.
(Approved by Engineering Services Committee January 13,
2014)
Background:In May 2011, Augusta reorganized some key functions of the
government. As such, the Environmental Services Department
(ESD) took over the function of cleaning vacant lots which are
identified as out of compliance with Augusta’s code. In 2011, the
ESD increased the year over year vacant lot cutting averages from
a number of 51.5 lots per month in 2010, to 75.6 lots per month in
2011 with ESD assuming responsibility in May, to 124 lots per
month in 2012, to 213 lots per month (to date) in 2013. This
improvement was due largely to purchasing more appropriate
equipment to do the job at hand and also analyzed the entire work-
flow process. Initiatives to improve work-flow included better
utilization of our inmate crews, working in defined areas, as well
as chemical application. Additionally, the department utilized the
bid process to bring in a contractor to supplement the existing
program.
Analysis:Part of the increase in the number of lots cut and cleaned per
month is due in part to the efforts of the contract crew that the
department has employed. The ESD Department has been able to
focus on the “heavy lifting” and debris removal, while the contract
crew is able to focus on cutting grass and light trash removal.
With this division of labor, the number of lots cut per month has
risen to 213 per month in 2013, with the contract crew
contributing approximately 109 per month on average. The
contract crew is responsible for 51% of lots cut in 2013 with an
increase in overall volume of 71% from 2012 to 2013; and a total
increase in overall volume of 318% when looking at 2010 to 2013
numbers. The ESD is proposing a bid award to assist in cutting
and cleaning vacant lots. By utilizing a contract, it allows the
department ultimate flexibility in how we utilize our assets as well
as the contractors. There is no guarantee of work under this bid. It
Cover Memo
Item # 31
is the ESD Department’s intention to use our equipment and
operators where heavy vegetation or debris exists. By utilizing
skid steers and other larger assets the work can be performed
efficiently. We would use the contractors to maintain the
vegetation on lots already cleaned, as well as Augusta owned lots.
It is the goal of the department to cut Augusta lots more than once
per year. This can only happen through the use of additional
resources. It is therefore the recommendation of the department
that bid item 13-224, Vacant Lot Cleaning Services, be awarded to
Augusta Quality Lawn Care. This company has provided the
lowest cost pricing in response to the bid item, submitted an
acceptable bid and after thorough examination, we found all
aspects of the submitted bid documents to have met the
specifications as requested.
Financial Impact:We are proposing the use of up to two contract crews. As bid, a
weekly cost per crew is $2,080.00 or $108,160.00 annually. We
are proposing an amount up to $216,320.00, which covers the cost
of two crews for the year.
Alternatives:1. Approve the award of Bid Item 13-224 to Augusta Quality
Lawn care for vacant lot cutting and cleaning services. 2. Do not
approve the award.
Recommendation:Approve the award of Bid Item 13-224 to Augusta Quality Lawn
care for vacant lot cutting and cleaning services.
Funds are Available
in the Following
Accounts:
Adequate funds are available from 542-04-4110/52.12999
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 31
Invitation to Bid
Sealed bids will be received at this office on Tuesday, November 19, 2013 @ 11:00 a.m. for furnishing:
Bid Item 13-224 Vacant Lot Cleaning Services 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 Friday,
November 8, 2013 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand
delivered.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
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 October 17, 24, 31, November 7, 2013
Metro Courier October 23, 2013
Revised: 3/7/2013
Attachment number 1 \nPage 1 of 1
Item # 31
UNOFFICIAL
Vendors:
Augusta Lawn & Turf
3618 Phillips Dr
Martinez, GA 30907
Augusta Quality
Lawncare
1540 Keron Way
Hephzibah, GA
30815
BMS Enterprises
1129 Brett Dr., Ste C
Conyers, GA 30094
Jacobs Land
Management
118 Woodland Rd
Augusta, GA 30907
CSRA Landscaping
2232-A Peach Orchard
Road
Augusta, GA 30906
Attachment B YES YES YES YES YES
E-Verify
Number 202665 409305 312185 417873 352373
SAVE Form YES YES YES YES YES
Monthly/160hr
Rate per crew $17,325.00 $8,320.00 $19,040.00 $17,000.00 $12,000.00
Weekly/40hr
Rate per crew $4,875.00 $2,080.00 $4,760.00 $4,250.00 $3,000.00
Bid Item #13-224
Vacant Lot Cleaning Services
For the City of Augusta - Environmental Services Department
Bid Opening Date: Tuesday, November 19, 2013 at 11:00 a.m.
The following vendor did not respond:
Davis Lawncare / 316 UN Ct., Suite 2 / Grovetown, GA 30813
Page 1 of 1
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
2
\
n
P
a
g
e
1
o
f
1
It
e
m
#
3
1
Attachment number 3 \nPage 1 of 2
Item # 31
Attachment number 3 \nPage 2 of 2
Item # 31
Attachment number 4 \nPage 1 of 3
Item # 31
Attachment number 4 \nPage 2 of 3
Item # 31
Attachment number 4 \nPage 3 of 3
Item # 31
Commission Meeting Agenda
1/21/2014 2:00 PM
Approve the ESD to hire a Heavy Equipment Supervisor above the entry level.
Department:Environmental Services
Caption:Motion to approve the ESD to hire a Heavy Equipment
Supervisor above the entry level.(Approved by Engineering
Services Committee January 13, 2014)
Background:The Environmental Services Department has a vacant Heavy
Equipment Supervisor position. This position is responsible for
supervising and directing the operation of heavy equipment
operators within the guidelines of design and operations plan as
well as state laws and regulations. In the past we have struggled to
find an individual with landfill operations experience, and the
associated skills required. We have completed a thorough
interview process to hire the most qualified and skilled Heavy
Equipment Supervisor. This process included the standard
interviews, as well as a field interview.
Analysis:We have selected an excellent candidate who possesses the
experience, certifications and skills to perform the duties of this
position. In consideration of his landfill experience and
certifications (Certified Landfill Operator, Heavy Equipment
Operator, Plan Reviewer, and Herbicide/Pesticide Management)
as well as his current salary rate, he has requested compensation
above what is allowed by the Personnel Policy and Procedure
Manual. The candidate currently works for Akima as a Landfill
Manager. He is responsible for managing and operating 3 inert
landfills, coordinating maintenance of equipment and operating all
equipment, the survey and layout of all operations in accordance
to D&O Plans, training of landfill personnel, as well as the
documentation and filing of essential paperwork and records
associated with landfill operations. With this level of experience,
this candidate will add depth to our succession plan as our current
Landfill Manager is evaluating options as he prepares for
retirement within the next few years. We are proposing to hire this
candidate with a salary of $50,000 based on his level of landfill
experience, certifications, and his current compensation level.
Financial Impact:This position is a pay grade 47 with an entry level salary of
Cover Memo
Item # 32
$36,404.17. We are requesting the candidate be hired with a salary
of $50,000.00 based on his level of landfill experience,
certifications, and his current compensation level. Adequate funds
are available.
Alternatives:1. Approve the salary rate for James Wagner, Jr. as Heavy
Equipment Supervisor. 2. Do not approve.
Recommendation:Approve the ESD to hire a Heavy Equipment Supervisor above
the entry level.
Funds are Available
in the Following
Accounts:
541-04-4210/5111110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 32
Commission Meeting Agenda
1/21/2014 2:00 PM
Barbara Coping
Department:Clerk of Commission
Caption:Motion to approve refunding the solid waste fees for the period
2009 to January 2013 and refunding half of the fees for the period
June 2013 to the present in association with a request from Ms.
Barbara Coping relative to property located at 1615 Cornell Drive.
(Approved by Engineering Services Committee January 13,
2014)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 33
Attachment number 1 \nPage 1 of 1
Item # 33
Commission Meeting Agenda
1/21/2014 2:00 PM
Consider proposal from McKim & Creed to perform flow monitoring analysis of the former combined
sewer basins.
Department:Utilities
Caption:Motion to approve proposal from McKim & Creed to perform
flow monitoring analysis of the former combined sewer basins.
(Approved by Engineering Services Committee January 13,
2014)
Background:Portions of Augusta were once served by combined sewers,
whereby sanitary and stormwater flows were carried in the same
pipe. During dry weather, all flow was directed to the wastewater
treatment plant; however, when it rained and the lines filled,
excess flow was diverted to area streams. In the early 1990’s, state
legislation was passed that required the treatment or elimination of
combined sewer overflows (CSO’s). Augusta elected to construct
new parallel lines to separate the sewers. These sewer separation
projects were successful in eliminating sanitary sewerage from the
storm sewer system; however there remain significant stormwater
connections to the sanitary sewer system. The result is that
sanitary flows increase during rain events and during extreme rain
events sanitary sewer overflows can occur. Augusta entered into a
consent order with EPD on June 23, 2011 requiring certain
evaluations and maintenance programs for its sanitary sewer
system. One element of the consent order required that Augusta
evaluate the former combined sewer systems with the goal of
reducing rainfall induced inflow and infiltration within three years
of the order. And flow metering is a required part of the
evaluation.
Analysis:Significant progress has been made in determining where storm
sewers remain interconnected to the sanitary sewer system. In
order to complete the evaluation and plan the necessary
improvements, additional resources will be required to supplement
Utilities’ staff. RFQ #13-124, Engineering Consultant Services for
Utilities was issued to determine the most qualified firms in
various categories of professional services. McKim & Creed has
been judged to be the most qualified to assist in this aspect of our
consent order compliance. We have received a proposal from
McKim & Creed to provide the required services; a copy is
Cover Memo
Item # 34
attached.
Financial Impact:Based upon our evaluation of the proposed scope of work and fee
estimate, we recommend that McKim & Creed perform the work
on a time and materials basis with a not-to-exceed fee of
$388,600. Funds are available in 512043420-5212115 /
80413008-5212115.
Alternatives:There is no viable alternative that would assure compliance with
this requirement of the consent order.
Recommendation:We recommend approval of the attached proposal with a not-to-
exceed fee of $388,600.
Funds are Available
in the Following
Accounts:
Funds are Available in the Following Accounts: 512043420-
5212115 / 80413008-5212115
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 34
MULTIPLE YEAR/MULTIPLE WORK ORDER
ENGINEERING CONSULTANT SERVICES
GLASS FACTORY DRAINAGE BASIN CSO ABATEMENT
PHASE I – SEWER FLOW MONITORING
PROJECT NO.
In accordance our Agreement for Engineering Consultant Services, McKim & Creed,
Inc. (CONSULTANT) shall provide the following Scope of Services for the above
defined project. All other terms of this section shall remain in effect.
1. PROJECT UNDERSTANDING
The goal of this project is to help determine the impact of wet weather events on the
gravity wastewater collection/conveyance system in the Glass Factory Drainage Area of
the City of Augusta (CITY) and to verify locations where the wastewater system is
connected to the storm water system at conflict structures. The project will also include
performance of a capacity analysis of the wastewater/storm water systems to determine
necessary capacity in the areas where combined sewers exist. The first phase of the
project will include open channel flow monitoring of the wastewater collection system at
19 locations and at 3 storm water system locations. As wet weather flow data is
recorded at the 22 sites and the impact of several rainfall events is ascertained on the
levels of increased flow within the systems, the monitoring equipment may be relocated
to help pinpoint where the extraneous wet weather volumes are originating. Rainfall
gauging will be performed concurrently with the flow monitoring activities to establish
the magnitude and duration of the wet weather events during the monitoring period. The
results of the project will be used to help the CITY meet the requirements of the current
Georgia Department of Natural Resources Consent Order No. EPD-WQ-5309, (CO);
which was initiated in June of 2011 to remediate the unpermitted discharges to waters
of the state from the City of Augusta and to establish a long term Corrective Action Plan,
(CAP).
2. SCOPE OF SERVICES:
The following Scope of Services describes the work to be performed:
Task 1 – Project Management
A. Develop project documents and filing systems for the project that will include;
project set-up, project schedule, project management plan, hard and electronic
file systems, and conduct an internal kick-off meeting.
B. Conduct a project kick-off meeting with the key project team members and
stakeholders from Augusta Utilities Department (AUD). Primary points of contact
Attachment number 1 \nPage 1 of 7
Item # 34
2
with AUD and the CONSULTANT will be established. Project responsibilities
and schedules will be presented as well as the project goals, and desired
outcome of the flow monitoring initiative. Meeting minutes will be prepared and
distributed to meeting attendees and other identified project stakeholders.
C. Conduct internal project team meetings to discuss the project progress, schedule
and action items.
D. Prepare and present project status reports each month (6 meetings/reports) to
accompany invoices.
Task 2 – Flow Meter/Rainfall Gauge Site Selection
A. CONSULTANT shall develop a Preliminary Flow Meter Location Map in an effort
to determine where the proposed open channel flow meters will be placed.
B. CONSULTANT will use this map as a basis for conducting flow meter installation
reconnaissance. During the reconnaissance period each identified potential flow
monitoring site will be evaluated to ensure that reliable data can be recovered
from the location. Metering and sensor configurations shall take into account any
special conditions such as surcharging, extreme depths, siltation and debris, odd
shaped pipes, etc.. The reconnaissance shall be conducted during a three day
period. As equipment is placed, and/or relocated the Flow Meter Location Map
will be updated.
C. CONSULTANT will confer with AUD to determine logical locations for 4 rainfall
gauges, within the study area, and verify that the selected locations will provide
adequate coverage to measure rainfall during the monitoring period.
Task 3 – Flow Meter/Rain Gauge Installation
A. Using the information obtained in Task 2, the CONSULTANT will prepare a flow
meter/rainfall gauge installation map for the Glass Factory Drainage Area
showing flow meter catchment boundaries and rainfall gauge locations. Copies
of the flow meter/rainfall gauge installation map will be provided to AUD for
review.
The CONSULTANT will then begin flow meter/rainfall gauge installations at the
locations identified on the flow meter/rainfall gauge installation map. While the
rainfall gauges will remain in the same location throughout the monitoring period,
some of the flow meters may be relocated within the drainage area as adequate
wet weather flow data is retrieved to help pinpoint where the extraneous wet
weather volumes are originating. The entire flow monitoring period is not
expected to exceed 120 days.
Attachment number 1 \nPage 2 of 7
Item # 34
3
The table below identifies the suggested locations, provided by AUD, of the flow
monitoring equipment by Site Number, Manhole Number, if available, and the
Location. The table presented will be updated after initial installations and when
the meters are relocated.
Suggested Flow Meter Locations
No. MH Number Location
1 MC036M3669 Broad & 15th
2 MC047M0898 7th & Walton
3 MC060M2443 Laney & 5th
4 MC060M2443 Laney @ Cemetery
5 MC060M1666 Laney & 2nd
6 MC060M1110 Laney & 1st
7 MC059M0690 Groman St.
8 MC047M0038 Hopkins & Twigg
9 MC047M2604 Twiggs
10 MC073M3105 GFB outfall to Hobas
11 MC073M1491 From Molly Pond Rd.
12 OC072M0296 Wooten Rd. N of 15th
13 MC059M3719 Camile St.
14 Storm Camile St.
15 MC059M1713 Wrightsboro Rd. W of Forrest
16 Storm Wrightsboro Rd. W of Forrest
17 MC045M2792 15TH & Poplar
18 MC045M2692 Verdery St.
19 Brick Storm Wrightsboro Rd. W of 15th
20 MC036M0056 Broad St. Bus Depot
21 MC036M3747 Chaffee & Hicks
22 MC035M3858 Browns Ln E of Pearl
B. CONSULTANT will be responsible for flow meter and rainfall gauge calibration
and performance within the manufacturer’s specification. Flow meters and
rainfall gauges will be set to record at 15 minute intervals at every site. Flow
meters utilized will be the FlowAV Shortboard 1000 and each will be equipped
with a modem to provide remote reading capability. Rainfall gauges will be Telog
RG-32 tipping buckets and each will also be equipped with a modem to provide
remote reading capability. Rainfall gauges will become the property of AUD after
the project has been completed.
Task 4 – Flow Meter and Rain Gauge Maintenance
A. During the CONSULTANT’S flow metering effort, both remote and on-site data
retrieval will occur. Each day, every flow meter site’s data will be downloaded
and the depth and velocity readings reviewed. As anomalies are identified, the
CONSULTANT’s staff will access the affected flow monitoring site and determine
Attachment number 1 \nPage 3 of 7
Item # 34
4
the problem causing the inappropriate readings. If equipment failure is the cause
of the anomaly, that equipment will be removed and replaced within 72 hours.
B. During the flow monitoring period, rainfall gauging will also be performed
concurrently. The rainfall data will be used to determine storm water inflow and
rainfall induced groundwater infiltration. The rain gauges will be setup to measure
rainfall accumulation in tenths of an inch, recording at 15 minute increments that
will correspond with the flow monitoring intervals. Maintenance of rainfall gauges
will be performed on a weekly basis and will include accessing each site and
insuring proper operation by actuating the tipping bucket to replicate a
predetermined rainfall event. Each calibration will be documented and the data
corrected after proper calibration has been determined.
Task 5 – Flow Data Analysis
A. During the CONSULTANT’S flow metering activities the daily data downloads
from each flow monitoring site will be compiled and exported to individual excel
spreadsheets. The weekly provided rainfall data will then be merged with the
appropriate flow monitoring site to prepare hydrographs on a weekly basis.
B. Using the flow meter and rainfall data the CONSULTANT shall perform a flow
analysis of each flow meter service area. This will entail development of a
synopsis that identifies the following flow characteristics:
• Model Dry Day Flow
• Model Wet Weather Flow
• Rainfall Induced Inflow
• Rainfall Induced Infiltration
• Apparent Groundwater Infiltration
Model Dry Day Flow: Model Dry Day Flow is established by averaging recorded
daily flow rates during dry weather periods. Week day flows are averaged
separately from weekend flows as water usage patterns change for the two
individual periods.
Model Wet Weather Flow: Model Wet Weather Flow is determined by establishing
an inflow relationship for various measured rainfall events and metered wastewater
flow rates during the event. This typically takes several major rainfall events to allow
for development of an inflow model which can then be used to evaluate the impact of
different storm return frequencies.
Rainfall Induced Inflow: Rainfall Induced Inflow will be established by subtracting
Model Dry Day Flow from Model Wet Weather Flow recorded during the monitoring
period.
Attachment number 1 \nPage 4 of 7
Item # 34
5
Rainfall Induced Infiltration: Rainfall Induced Infiltration rates are established by
determining the volume of storm water entering the collection system, after a
recorded rainfall event, through the ground surrounding the collection piping. This
additional volume is determined by calculating the maximum time required (Tc) for
any storm water to enter the collection system via typical inflow sources: storm drain
cross connections, manhole frames and covers, roof leader, etc. and allowing for
additional time to reach the metering equipment. The flow and rainfall accumulation
data is then evaluated to determine when the impact of the inflow ended and the
storm water infiltrating the collection piping began. The additional volume is then
subtracted from the Average Dry Day Flow rates for similar times during the day.
Apparent Groundwater Infiltration: Groundwater Infiltration rates will be
established by review of flow rates during non-peak water usage periods, 2am –
4am and by comparing Model Dry Day Flow and average daily potable water usage
in the flow meter service area. Special consideration will be given to industrial and
large commercial users.
Storm Water Inflow and Groundwater Infiltration Severity Analysis – From the
flow data analyzed an inflow/groundwater infiltration severity analysis will be
performed for each flow meter service area. Each service area’s rainfall derived
storm water inflow and infiltration volume will be compared to that of the other. In
areas where the sanitary sewer and storm water conveyance systems are
determined to be combined an effort will be made to establish what volume of storm
water is entering the sanitary sewer, or the volume of flow leaving the wastewater
system and entering the storm water system.
Capacity Analysis: After establishment of wet weather flow volumes at combined
sewer locations and property distribution between storm water and wastewater
system piping, a capacity analysis will be performed on both systems for 2, 5 and 10
year return rainfall events to determine which systems require additional capacity to
convey the various wet weather flow conditions. This analysis is limited to 3
locations where the system is combined.
Task 6 – Report Preparation
Technical Memorandum: The results of the analysis will be presented in a
Technical Memorandum that summarizes daily and weekly flow, rainfall recordation,
and quantification of apparent storm water inflow and rainfall induced groundwater
infiltration rates. Each flow meter service area will then be ranked by severity of
storm water inflow and groundwater infiltration, I/I. Digital Sewer System Maps
showing flow meter service area boundaries, flow monitoring locations, piping and
manhole locations, pump station and force main locations will also be identified.
The results of the capacity analysis will also be presented in the memorandum with
recommendations for capacity related improvements. The maps will be developed
using previously established grid designations and each flow meter service area
boundaries will be highlighted using a different translucent color. The report shall
Attachment number 1 \nPage 5 of 7
Item # 34
6
also provide recommendations to complete additional Sewer System Evaluation
Surveys, (SSES), in the flow meter service areas that are experiencing excessive
I/I. Additional recommended services may include smoke/dye testing, night flow
isolations, manhole inspections and CCTV inspections.
3. AUD RESPONSIBILITIES
A. AUD will designate a point of contact and Project Manager to represent AUD.
B. AUD will provide CONSULTANT current GIS data, including the latest version of
shape files for force mains, storm water and wastewater gravity sewers,
manholes, pump stations, sewer-nodes, sewer labels, and sewer notes.
C. AUD will provide CONSULTANT smoke testing data/results and other available
data and/or reports related to the Glass Factory Drainage Basin.
D. AUD will provide CONSULTANT sketches, or “stick drawings” which portrays the
pipe connectivity of the combined wastewater/storm water system including the
location of suspected conflict structures.
E. AUD will provide responses to questions and/or additional available information
necessary to clarify questions the CONSULTANT may have regarding collection
system connectivity. Questions may range from confirming pipe sizes to
clarifying connectivity where the details in GIS and/or stick drawings are
conflicting or unclear.
F. AUD will provide missing collection system data as determined by the
CONSULTANT as necessary. AUD will obtain the missing data either from
record documentation and/or from field measurements.
G. AUD will review the draft flow meter installation map prepared by the
CONSULTANT and attend a meeting with the CONSULTANT to discuss AUD’s
review comments and questions.
H. AUD’s staff will provide necessary traffic control around the flow metering sites
during initial installation/removal and for periodic maintenance.
4. DELIVERABLES:
The following Deliverables will be provided in conjunction with this work assignment.
A. Monthly status reporting
B. Meeting minutes
Attachment number 1 \nPage 6 of 7
Item # 34
7
C. Collection system flow meter location map (three hard copies and one electronic
(pdf) copy)
D. Flow meter installation forms for each flow metering site (three hard copies and
one electronic (pdf) copy)
E. Technical Memorandum (three hard copies and one electronic (pdf and .docx)
copy)
5. ADDITIONAL SERVICES
The following Services may be authorized in writing by AUD but are not included in this
contract’s base scope and fee:
A. AUD has requested the design and installation of up to 5 permanent flow
metering sites. A fee proposal will be provided after the sites and equipment
have been selected.
B. Additional meetings other than those mentioned above.
C. Unforeseen services, requested by the AUD.
D. Unanticipated services recommended by CONSULTANT and approved by AUD.
E. Developing wastewater flow projections for the Glass Factory Drainage Basin.
F. Services provided in excess of the performance schedule.
6. PERFORMANCE SCHEDULE
The schedule for the performance of this Work Assignment is listed below.
Description Time following NTP
Project Initiation and Project Team Kickoff Meeting 1 week
Flow Meter Site Selection and Installation 2 weeks(1)
Flow Meter/Rain Gauge Maintenance 120 days(2)
Flow Metering Results Report 30 days
(1) Schedule is dependent on AUD resources (2) Schedule is dependent on suitable rain events
7. COMPENSATION TO THE CONSULTANT
For the Scope of Services described in this Work Assignment, CONSULTANT shall
be compensated on an hourly basis in accordance with CONSULTANT’s current
rate schedule (2014 rates attached) in accordance with the terms of the agreement.
The estimated fee is $388,600.00.
Attachment number 1 \nPage 7 of 7
Item # 34
Commission Meeting Agenda
1/21/2014 2:00 PM
CSX 748015 Facility Encroachment Agreement
Department:Augusta Utilities Department
Caption:Motion to approve CSX 748015 Facility Encroachment Agreement.
(Approved by Engineering Services Committee January 13, 2014)
Background:AUD will be constructing the Rock Creek Sanitary Relief Sewer, in
the near future. In order to complete the project, AUD will need to
cross the property of CSX.
Analysis:The Facillity Encroachment Agreement is the usual document, with
which Augusta acquires the right to construct a pipeline crossing,
from CSX. AUD will need the permission granted, by this document,
before it can proceed with the work.
Financial Impact:$6,250.00
Alternatives:Deny motion to approve CSX 748015 Facility Encroachment
Agreement and reroute the sanitary sewer pipeline.
Recommendation:Approve motion to approve CSX 748015 Facility Encroachment
Agreement.
Funds are Available
in the Following
Accounts:
G/L 51143420-5411120 J/L 80800010-5411120
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 1 of 15 ø
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, made and effective as of November 14, 2013, by and between
CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and AUGUSTA GEORGIA, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Georgia, whose mailing address is 530 Greene Street, Augusta, Georgia 30901, hereinafter called
"Licensee,"
WITNESSETH:
WHEREAS, Licensee desires to construct (unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," over, under or across property owned or controlled by Licensor, at the below
described location(s):
1. One (1) twenty inch (20'') diameter sub-grade pipeline crossing, solely for the conveyance
of raw/treated sewage, located at or near Augusta, Richmond County, Georgia, Florence
Division, Mccormick Subdivision, Valuation Station 194+58, Milepost AK-463.85, Latitude
N33:30:48.56, Longitude W82:00:20.58;
hereinafter, collectively, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "B,"
attached hereto and made a part hereof; other details and data pertaining to said Facilities being
as indicated on Exhibit "A," also attached hereto and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter
or change the Facilities at the Encroachment above for the term herein stated, and to remove
same upon termination.
Attachment number 1 \nPage 1 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 2 of 15 ø
1.2 The term Facilities, as used herein, shall include only those structures and
ancillary facilities devoted exclusively to the transmission usage above within the Encroachment,
and as shown on attached Facility Application Form and plan(s).
1.3 No additional structures or other facilities shall be placed, allowed, or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
2. ENCROACHMENT FEE; TERM:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
FOUR THOUSAND AND 00/100 U.S. DOLLARS ($4,000.00) upon execution of this
Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee
under this Agreement. In the event of a successor (by merger, consolidation, reorganization
and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Facilities or Encroachment.
2.3 This Agreement shall terminate as herein provided, but shall also terminate
upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above;
(b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to
complete installation within five (5) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part
of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's
particular industry, National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
3.2 Location and construction of Facilities shall be made strictly in accordance
with design(s) and specifications furnished to and approved by Licensor and of material(s) and
size(s) appropriate for the purpose(s) above recited.
Attachment number 1 \nPage 2 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 3 of 15 ø
3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at
time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
with the safe use and operation of Licensor's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use
of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities, and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licensor's safety rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising from
any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above
or from improper or incomplete repairs or maintenance to the Facilities or Encroachment.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Encroachment
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health, safety or
environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
requirements and laws of any governmental authority (State, Federal or Local) having
jurisdiction over Licensee's activities, including the location, contact, excavation and protection
regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and
State "One Call" - "Call Before You Dig" requirements.
Attachment number 1 \nPage 3 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 4 of 15 ø
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance of the Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of any
underground Facilities or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event
future use of Licensor's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty
(30) days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
Attachment number 1 \nPage 4 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 5 of 15 ø
7. FACILITY CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of the
Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
Facilities or change the Encroachment, at Licensee's expense, should such relocation or change
be necessary to comply with the minimum clearance requirements of Licensor.
7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or
any change in circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe), or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval, the terms and
conditions of this Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensor's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents) with Licensor's power lines, communication, signal or
other wires, train control system, or electrical or electronic apparatus; or (b) interference in any
manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 To the fullest extent permitted by State law (constitutional or statutory, as
amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and
against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person
whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to
or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way
Attachment number 1 \nPage 5 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 6 of 15 ø
connected with the construction, repair, maintenance, replacement, presence, existence,
operations, use or removal of the Facilities or any structure in connection therewith, or
restoration of premises of Licensor to good order or condition after removal, EXCEPT when
proven to have been caused solely by the willful misconduct or gross negligence of Licensor.
HOWEVER, to the fullest extent permitted by State law, during any period of actual
construction, repair, maintenance, replacement or removal of the Facilities, wherein agents,
equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability
hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of
Licensor.
9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a
result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this Section, the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of
Licensee.
9.3 To the fullest extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all
claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden
or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area,
arising from or in connection with the use of this Encroachment or resulting from leaking,
bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any
claim or liability arising under federal or state law dealing with either such sudden or nonsudden
pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c)
any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities
leakage.
9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss
which in any way may result from Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 If a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
Attachment number 1 \nPage 6 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 7 of 15 ø
9.7 Notwithstanding anything contained in this Agreement, the limitation of
liability contained in the state statutes, as amended from time to time, shall not limit Licensor's
ability to collect under the insurance policies required to be maintained under this Agreement.
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of
this Agreement, at its sole cost and expense, a policy of
(i) Statutory Worker's Compensation and Employers Liability Insurance with
available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00),
which must contain a waiver of subrogation against CSXT and its Affiliates;
(ii) Commercial General Liability coverage (inclusive of contractual liability) with
available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00),
naming Licensor, and/or its designee, as additional insured and in combined single limits for
bodily injury and property damage and covering the contractual liabilities assumed under this
Agreement. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days'
notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL
certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water
Street, Jacksonville, FL 32202. On each successive year, send certificate to
RenewalCOI@csx.com.
(iii) Business automobile liability insurance with available limits of not less than ONE
MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily
injury and/or property damage per occurrence;
(iv) Such other insurance as Licensor may reasonably require.
10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover
Licensee's contractual liability during periods of survey, installation, maintenance and continued
occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee
shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole
risk.
10.3 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with
Licensor's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee's liability under this
Agreement, but shall be security therefor.
Attachment number 1 \nPage 7 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 8 of 15 ø
10.5 (A) In the event Licensee finds it necessary to perform construction or
demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor; and (b) require its contractor(s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured,
written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31
11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Licensor prior to commencement of such construction or demolition. Licensor
reserves the right to demand higher limits.
(B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance
company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time
of request, the cost of adding this Encroachment, or additional construction and/or demolition
activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual
construction. This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant
to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability
arising under this Agreement, under a funded program of self-insurance, which fund will respond
to liability of Licensee imposed by and in accordance with the procedures established by law.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
11.2 If Licensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and
expense; and in such event, Licensor shall not be liable for the failure or neglect of such
watchmen, flagmen, inspectors or supervisors.
Attachment number 1 \nPage 8 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 9 of 15 ø
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or wire
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request
an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been paid in advance for any annual or other period. Upon such revocation, Licensee
shall make removal in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
Attachment number 1 \nPage 9 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 10 of 15 ø
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
time of termination or revocation have not been satisfied; neither party, however, waiving any
third party defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
15. NOTICE:
15.1 Licensee shall give Licensor at least thirty (30) days written notice before
doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may
be given. Licensee shall provide proper notification as follows:
a. For non-emergencies, Licensee shall complete and submit Licensor's
Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904)
245-3692. Licensee may also scan and email a completed form to email address:
OP_Request@csx.com. A blank form, as well as additional instructions and information, can be
obtained from Licensor's web site, via web link:
http://www.csx.com/share/wwwcsx_mura/assets/File/Customers/Non-
freight_Services/Property_Real_Estate/Outside_Party_Number_Request_Form.pdf.
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee
shall also call and report details of the emergency to Licensor's Rail Operations Emergency
Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's Facility(ies), the emergency phone number for
Licensee is: _________________________.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o
CSXT Contract Management, J180; or at such other address as either party may designate in
writing to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
Attachment number 1 \nPage 10 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 11 of 15 ø
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession, within thirty
(30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in
part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of
such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor
may incur as a result of Licensee's failure to obtain said consent.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands,
rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
Attachment number 1 \nPage 11 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 12 of 15 ø
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title
to any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachment(s), including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for
any length of time give rise to any right, title or interest in Licensee to said property other than
the license herein created.
17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby
expressly waives, any claim of ownership in and to any part of the Facilities.
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation of the Facilities in or on any portion of the
Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been filed or docketed against the
Encroachment or any other property of Licensor; however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
Attachment number 1 \nPage 12 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 13 of 15 ø
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither
the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the
due date, it will be subject to Licensor's standard late charge and will also accrue interest at
eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so
permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes
paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
19. RIDERS:
19.1 The following Rider(s) is/are herewith attached and included herein:
[X] Telecommunication Cable or Fiber Optic Line
Attachment number 1 \nPage 13 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 14 of 15 ø
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
Witness for Licensor: CSX TRANSPORTATION, INC.
_______________________________ By:_________________________________________
Print/Type Name:_____________________________
Print/Type Title:______________________________
Witness for Licensee: AUGUSTA GEORGIA
_______________________________ By:_________________________________________
Who, by the execution hereof, affirms that he/she has
the authority to do so and to bind the Licensee to the
terms and conditions of this Agreement.
Print/Type Name:_____________________________
Print/Type Title:______________________________
Tax ID No.:__________________________________
Authority under Ordinance or
Resolution No._______________________________,
Dated ______________________________________.
Attachment number 1 \nPage 14 of 15
Item # 35
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX748015
Page 15 of 15 ø
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
This Rider is and shall be a part of Agreement No. CSX748015, and is incorporated
therein.
1. No construction of any type pursuant or related in any way to this Agreement
shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of
Licensee, without Licensee first giving at least thirty (30) days written notice to the following
Parallel Cable Occupier(s):
("MCI") ATTN: Investigations
Mr. Dean Boyers
Worldcom/MCI Telecommunications Corporation
2400 North Glenville Drive
Richardson, TX 75082-4354
Phone No. (800) 624-9675
or (972) 729-6016
(NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general plan,
elevation, details and methods of Licensee's proposed construction, and the location of
Occupier(s)' cable or facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing
or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities
of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s).
Attachment number 1 \nPage 15 of 15
Item # 35
&6;([KLELW$
6KHHWRI
CSXPROPERTYSERVICESREVIEW
NoExceptionsExceptionsNoted
ThisreviewisforthegeneralconformancewithCSXutility
designspecificationsonly.Soleresponsibilityforall
aspectsoftheoveralldesignshallremainwiththefacility
owner.Thisreviewdoesnotconstituteapprovalto
proceedwithoutmeetingallofCSX’ssafetyand
contractualrequirements.
By:____________________________
X
Attachment number 2 \nPage 1 of 2
Item # 35
&6;([KLELW$
6KHHWRI
CSXPROPERTYSERVICESREVIEW
NoExceptionsExceptionsNoted
ThisreviewisforthegeneralconformancewithCSXutility
designspecificationsonly.Soleresponsibilityforall
aspectsoftheoveralldesignshallremainwiththefacility
owner.Thisreviewdoesnotconstituteapprovalto
proceedwithoutmeetingallofCSX’ssafetyand
contractualrequirements.
By:____________________________
X
Attachment number 2 \nPage 2 of 2
Item # 35
&6;([KLELW%
6KHHWRI
CSXPROPERTYSERVICESREVIEW
NoExceptionsExceptionsNoted
ThisreviewisforthegeneralconformancewithCSXutility
designspecificationsonly.Soleresponsibilityforall
aspectsoftheoveralldesignshallremainwiththefacility
owner.Thisreviewdoesnotconstituteapprovalto
proceedwithoutmeetingallofCSX’ssafetyand
contractualrequirements.
By:____________________________
X
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
3
\
n
P
a
g
e
1
o
f
2
It
e
m
#
3
5
&6;([KLELW%
6KHHWRI
CSXPROPERTYSERVICESREVIEW
NoExceptionsExceptionsNoted
ThisreviewisforthegeneralconformancewithCSXutility
designspecificationsonly.Soleresponsibilityforall
aspectsoftheoveralldesignshallremainwiththefacility
owner.Thisreviewdoesnotconstituteapprovalto
proceedwithoutmeetingallofCSX’ssafetyand
contractualrequirements.
By:____________________________
X
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
3
\
n
P
a
g
e
2
o
f
2
It
e
m
#
3
5
Commission Meeting Agenda
1/21/2014 2:00 PM
CSX 755045
Department:Augusta Utilities Department
Caption:Motion to approve CSX 755045 Facility Encroachment Agreement.
(Approved by Engineering Services Committee January 13, 2014)
Background:AUD will be constructing the Rock Creek Sanitary Relief Sewer, in
the near future. In order to complete the project, AUD will need to
cross the property of CSX.
Analysis:The Facility Encroachment Agreement is the usual document, with
which Augusta acquires the right to construct a pipeline crossing,
from CSX. AUD will need the permission granted by this document,
before it can perform the work.
Financial Impact:$5,125.00
Alternatives:Deny motion to approve CSX 755045 Facility Encroachment
Agreement and reroute the pipeline.
Recommendation:Approve the motion to approve CSX 755045 Facility Encroachment
Agreement.
Funds are Available
in the Following
Accounts:
G/L 511043420-5411120 J/L 80800010-5411120
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 1 of 15 ø
FACILITY ENCROACHMENT AGREEMENT
THIS AGREEMENT, made and effective as of November 13, 2013, by and between
CSX TRANSPORTATION, INC., a Virginia corporation, whose mailing address is 500 Water
Street, Jacksonville, Florida 32202, hereinafter called "Licensor," and AUGUSTA, GEORGIA, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Georgia, whose mailing address is 360 Bay Street, Augusta, Georgia 30901, hereinafter called
"Licensee,"
WITNESSETH:
WHEREAS, Licensee desires to construct (unless previously constructed and designated
as existing herein), use and maintain the below described facility(ies), hereinafter called
"Facilities," over, under or across property owned or controlled by Licensor, at the below
described location(s):
1. One (1) nine inch (9'') diameter sub-grade pipeline crossing, solely for the conveyance of
potable water, located at or near Augusta, Richmond County, Georgia, Florence Division,
Mccormick Subdivision, Milepost AK-464.46, Latitude N33:31:04.49, Longitude W82:00:46.71;
hereinafter, collectively, called the ''Encroachment,'' as shown on print(s) labeled Exhibit "B,"
attached hereto and made a part hereof; other details and data pertaining to said Facilities being
as indicated on Exhibit "A," also attached hereto and made a part hereof;
NOW, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covenant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and
authority to do so, and its present title permits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its
property within the area of the Encroachment for any and all purposes;
(B) All encumbrances, conditions, covenants, easements, and limitations
applicable to Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the terms and conditions herein
contained;
does hereby license and permit Licensee to construct, maintain, repair, renew, operate, use, alter
or change the Facilities at the Encroachment above for the term herein stated, and to remove
same upon termination.
Attachment number 1 \nPage 1 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 2 of 15 ø
1.2 The term Facilities, as used herein, shall include only those structures and
ancillary facilities devoted exclusively to the transmission usage above within the Encroachment,
and as shown on attached Facility Application Form and plan(s).
1.3 No additional structures or other facilities shall be placed, allowed, or
maintained by Licensee in, upon or on the Encroachment except upon prior separate written
consent of Licensor.
2. ENCROACHMENT FEE; TERM:
2.1 Licensee shall pay Licensor a one-time nonrefundable Encroachment Fee of
FOUR THOUSAND AND 00/100 U.S. DOLLARS ($4,000.00) upon execution of this
Agreement. Licensee agrees that the Encroachment Fee applies only to the original Licensee
under this Agreement. In the event of a successor (by merger, consolidation, reorganization
and/or assignment) or if the original Licensee changes its name, then Licensee shall be subject to
payment of Licensor's current administrative and document preparation fees for the cost incurred
by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Facilities or Encroachment.
2.3 This Agreement shall terminate as herein provided, but shall also terminate
upon: (a) Licensee's cessation of use of the Facilities or Encroachment for the purpose(s) above;
(b) removal of the Facilities; (c) subsequent mutual consent; and/or (d) failure of Licensee to
complete installation within five (5) years from the effective date of this Agreement.
2.4 In further consideration for the license or right hereby granted, Licensee
hereby agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part
of the cost of the installation of said Facilities and appurtenances, and/or maintenance thereof, or
for any public works project of which said Facilities is a part.
3. CONSTRUCTION, MAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
the Facilities, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor (A.R.E.M.A. Specifications), or Licensee's
particular industry, National Electrical Safety Code, or any governmental or regulatory body
having jurisdiction over the Encroachment.
3.2 Location and construction of Facilities shall be made strictly in accordance
with design(s) and specifications furnished to and approved by Licensor and of material(s) and
size(s) appropriate for the purpose(s) above recited.
Attachment number 1 \nPage 2 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 3 of 15 ø
3.3 All of Licensee's work, and exercise of rights hereunder, shall be undertaken at
time(s) satisfactory to Licensor, and so as to eliminate or minimize any impact on or interference
with the safe use and operation of Licensor's property and appurtenances thereto.
3.4 In the installation, maintenance, repair and/or removal of said Facilities,
Licensee shall not use explosives of any type or perform or cause any blasting without the
separate express written consent of Licensor. As a condition to such consent, a representative
will be assigned by Licensor to monitor blasting, and Licensee shall reimburse Licensor for the
entire cost and/or expense of furnishing said monitor.
3.5 Any repairs or maintenance to the Facilities, whether resulting from acts of
Licensee, or natural or weather events, which are necessary to protect or facilitate Licensor's use
of its property, shall be made by Licensee promptly, but in no event later than thirty (30) days
after Licensee has notice as to the need for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations,
equipment and/or employees from damage or injury, may request immediate repair or renewal of
the Facilities, and if the same is not performed, may make or contract to make such repairs or
renewals, at the sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
3.8 All work on the Encroachment shall be conducted in accordance with
Licensor's safety rules and regulations.
3.9 Licensee hereby agrees to reimburse Licensor any loss, cost or expense
(including losses resulting from train delays and/or inability to meet train schedules) arising from
any failure of Licensee to make repairs or conduct maintenance as required by Section 3.5 above
or from improper or incomplete repairs or maintenance to the Facilities or Encroachment.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is performed, or before use of the Encroachment
for the contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary
permit(s) (including but not limited to zoning, building, construction, health, safety or
environmental matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and
warrants that it shall conform and limit its activities to the terms of such permit(s), approval(s)
and authorization(s), and shall comply with all applicable ordinances, rules, regulations,
requirements and laws of any governmental authority (State, Federal or Local) having
jurisdiction over Licensee's activities, including the location, contact, excavation and protection
regulations of the Occupational Safety and Health Act (OSHA) (29 CFR 1926.651(b)), et al., and
State "One Call" - "Call Before You Dig" requirements.
Attachment number 1 \nPage 3 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 4 of 15 ø
4.2 Licensee assumes sole responsibility for failure to obtain such permit(s) or
approval(s), for any violations thereof, or for costs or expenses of compliance or remedy.
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(A) support track(s) and roadbed in a manner satisfactory to Licensor;
(B) backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributed at location(s) and in such manner
Licensor may approve.
5.2 After construction or maintenance of the Facilities, Licensee shall:
(A) Restore any track(s), roadbed and other disturbed property; and
(B) Erect, maintain and periodically verify the accuracy of aboveground
markers, in a form approved by Licensor, indicating the location, depth and ownership of any
underground Facilities or related facilities.
5.3 Licensee shall be solely responsible for any subsidence or failure of lateral or
subjacent support in the Encroachment area for a period of three (3) years after completion of
installation.
6. TRACK CHANGES:
6.1 In the event that rail operations and/or track maintenance result in changes in
grade or alignment of, additions to, or relocation of track(s) or other facilities, or in the event
future use of Licensor's rail corridor or property necessitate any change of location, height or
depth in the Facilities or Encroachment, Licensee, at its sole cost and expense and within thirty
(30) days after notice in writing from Licensor, shall make changes in the Facilities or
Encroachment to accommodate such track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such
changes at Licensee's cost.
Attachment number 1 \nPage 4 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 5 of 15 ø
7. FACILITY CHANGES:
7.1 Licensee shall periodically monitor and verify the depth or height of the
Facilities or Encroachment in relation to the existing tracks and facilities, and shall relocate the
Facilities or change the Encroachment, at Licensee's expense, should such relocation or change
be necessary to comply with the minimum clearance requirements of Licensor.
7.2 If Licensee undertakes to revise, renew, relocate or change in any manner
whatsoever all or any part of the Facilities (including any change in voltage or gauge of wire or
any change in circumference, diameter or radius of pipe or change in materials transmitted in and
through said pipe), or is required by any public agency or court order to do so, plans therefor
shall be submitted to Licensor for approval before such change. After approval, the terms and
conditions of this Agreement shall apply thereto.
8. INTERFERENCE WITH RAIL FACILITIES:
8.1 Although the Facilities/Encroachment herein permitted may not presently
interfere with Licensor's railroad or facilities, in the event that the operation, existence or
maintenance of said Facilities, in the sole judgment of Licensor, causes: (a) interference
(including, but not limited to, physical or interference from an electromagnetic induction, or
interference from stray or other currents) with Licensor's power lines, communication, signal or
other wires, train control system, or electrical or electronic apparatus; or (b) interference in any
manner, with the operation, maintenance or use of the rail corridor, track(s), structures, pole
line(s), devices, other property, or any appurtenances thereto; then and in either event, Licensee,
upon receipt of written notice from Licensor of any such interference, and at Licensee's sole risk,
cost and expense, shall promptly make such changes in its Facilities or installation, as may be
required in the reasonable judgment of the Licensor to eliminate all such interference. Upon
Licensee's failure to remedy or change, Licensor may do so or contract to do so at Licensee's sole
cost.
8.2 Without assuming any duty hereunder to inspect the Facilities, Licensor hereby
reserves the right to inspect same and to require Licensee to undertake repairs, maintenance or
adjustments to the Facilities, which Licensee hereby agrees to make promptly, at Licensee's sole
cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 To the fullest extent permitted by State law (constitutional or statutory, as
amended), Licensee hereby agrees to, defend, indemnify, and hold Licensor harmless from and
against any and all liability, loss, claim, suit, damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person
whomsoever (including officers, agents, employees or invitees of Licensor), and for damage to
or loss of or destruction of any property whatsoever, arising out of, resulting from, or in any way
Attachment number 1 \nPage 5 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 6 of 15 ø
connected with the construction, repair, maintenance, replacement, presence, existence,
operations, use or removal of the Facilities or any structure in connection therewith, or
restoration of premises of Licensor to good order or condition after removal, EXCEPT when
proven to have been caused solely by the willful misconduct or gross negligence of Licensor.
HOWEVER, to the fullest extent permitted by State law, during any period of actual
construction, repair, maintenance, replacement or removal of the Facilities, wherein agents,
equipment or personnel of Licensee are on the railroad rail corridor, Licensee's liability
hereunder shall be absolute, irrespective of any joint, sole or contributory fault or negligence of
Licensor.
9.2 Use of Licensor's rail corridor involves certain risks of loss or damage as a
result of the rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of
loss and damage to Licensee's Property or the Facilities in, on, over or under the Encroachment,
including loss of or any interference with use or service thereof, regardless of cause, including
electrical field creation, fire or derailment resulting from rail operations. For this Section, the
term "Licensee's Property" shall include property of third parties situated or placed upon
Licensor's rail corridor by Licensee or by such third parties at request of or for benefit of
Licensee.
9.3 To the fullest extent permitted by State law, as above, Licensee assumes all
responsibility for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all
claims, costs and expenses, including reasonable attorneys' fees, as a consequence of any sudden
or nonsudden pollution of air, water, land and/or ground water on or off the Encroachment area,
arising from or in connection with the use of this Encroachment or resulting from leaking,
bursting, spilling, or any escape of the material transmitted in or through the Facilities; (b) any
claim or liability arising under federal or state law dealing with either such sudden or nonsudden
pollution of air, water, land and/or ground water arising therefrom or the remedy thereof; and (c)
any subsidence or failure of lateral or subjacent support of the tracks arising from such Facilities
leakage.
9.4 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss
which in any way may result from Licensee's failure to maintain either required clearances for
any overhead Facilities or the required depth and encasement for any underground Facilities,
whether or not such loss(es) result(s) in whole or part from Licensor's contributory negligence or
joint fault.
9.5 Obligations of Licensee hereunder to release, indemnify and hold Licensor
harmless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, as well as any railroad that operates over the rail
corridor on which the Encroachment is located, and the officers, employees and agents of each.
9.6 If a claim is made or action is brought against Licensor, and/or its operating
lessee, for which Licensee may be responsible hereunder, in whole or in part, Licensee shall be
notified to assume the handling or defense of such claim or action; but Licensor may participate
in such handling or defense.
Attachment number 1 \nPage 6 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 7 of 15 ø
9.7 Notwithstanding anything contained in this Agreement, the limitation of
liability contained in the state statutes, as amended from time to time, shall not limit Licensor's
ability to collect under the insurance policies required to be maintained under this Agreement.
10. INSURANCE:
10.1 Prior to commencement of surveys, installation or occupation of premises
pursuant to this Agreement, Licensee shall procure and shall maintain during the continuance of
this Agreement, at its sole cost and expense, a policy of
(i) Statutory Worker's Compensation and Employers Liability Insurance with
available limits of not less than ONE MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00),
which must contain a waiver of subrogation against CSXT and its Affiliates;
(ii) Commercial General Liability coverage (inclusive of contractual liability) with
available limits of not less than FIVE MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00),
naming Licensor, and/or its designee, as additional insured and in combined single limits for
bodily injury and property damage and covering the contractual liabilities assumed under this
Agreement. The evidence of insurance coverage shall be endorsed to provide for thirty (30) days'
notice to Licensor, or its designee, prior to cancellation or modification of any policy. Mail CGL
certificate, along with agreement, to CSX Transportation, Inc., Speed Code J180, 500 Water
Street, Jacksonville, FL 32202. On each successive year, send certificate to
RenewalCOI@csx.com.
(iii) Business automobile liability insurance with available limits of not less than ONE
MILLION AND 00/100 U.S. DOLLARS ($1,000,000.00) combined single limit for bodily
injury and/or property damage per occurrence;
(iv) Such other insurance as Licensor may reasonably require.
10.2 If Licensee's existing CGL policy(ies) do(es) not automatically cover
Licensee's contractual liability during periods of survey, installation, maintenance and continued
occupation, a specific endorsement adding such coverage shall be purchased by Licensee. If said
CGL policy is written on a "claims made" basis instead of a "per occurrence" basis, Licensee
shall arrange for adequate time for reporting losses. Failure to do so shall be at Licensee's sole
risk.
10.3 Licensor, or its designee, may at any time request evidence of insurance
purchased by Licensee to comply with this Agreement. Failure of Licensee to comply with
Licensor's request shall be considered a default by Licensee.
10.4 Securing such insurance shall not limit Licensee's liability under this
Agreement, but shall be security therefor.
Attachment number 1 \nPage 7 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 8 of 15 ø
10.5 (A) In the event Licensee finds it necessary to perform construction or
demolition operations within fifty feet (50') of any operated railroad track(s) or affecting any
railroad bridge, trestle, tunnel, track(s), roadbed, overpass or underpass, Licensee shall: (a) notify
Licensor; and (b) require its contractor(s) performing such operations to procure and maintain
during the period of construction or demolition operations, at no cost to Licensor, Railroad
Protective Liability (RPL) Insurance, naming Licensor, and/or its designee, as Named Insured,
written on the current ISO/RIMA Form (ISO Form No. CG 00 35 01 96) with limits of FIVE
MILLION AND 00/100 U.S. DOLLARS ($5,000,000.00) per occurrence for bodily injury and
property damage, with at least TEN MILLION AND 00/100 U.S. DOLLARS ($10,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion Amendment (ISO CG 28 31
11 85) if an older ISO Form CG 00 35 is used. The original of such RPL policy shall be sent to
and approved by Licensor prior to commencement of such construction or demolition. Licensor
reserves the right to demand higher limits.
(B) At Licensor's option, in lieu of purchasing RPL insurance from an insurance
company (but not CGL insurance), Licensee may pay Licensor, at Licensor's current rate at time
of request, the cost of adding this Encroachment, or additional construction and/or demolition
activities, to Licensor's Railroad Protective Liability (RPL) Policy for the period of actual
construction. This coverage is offered at Licensor's discretion and may not be available under all
circumstances.
10.6 Notwithstanding the provisions of Sections 10.1 and 10.2, Licensee, pursuant
to State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability
arising under this Agreement, under a funded program of self-insurance, which fund will respond
to liability of Licensee imposed by and in accordance with the procedures established by law.
11. GRADE CROSSINGS; FLAGGING:
11.1 Nothing herein contained shall be construed to permit Licensee or Licensee's
contractor to move any vehicles or equipment over the track(s), except at public road crossing(s),
without separate prior written approval of Licensor (CSXT Form 7422).
11.2 If Licensor deems it advisable, during any construction, maintenance, repair,
renewal, alteration, change or removal of said Facilities, to place watchmen, flagmen, inspectors
or supervisors for protection of operations of Licensor or others on Licensor's rail corridor at the
Encroachment, and to keep persons, equipment or materials away from the track(s), Licensor
shall have the right to do so at the expense of Licensee, but Licensor shall not be liable for failure
to do so.
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
labor agreements, Licensee may provide flagmen, watchmen, inspectors or supervisors during all
times of construction, repair, maintenance, replacement or removal, at Licensee's sole risk and
expense; and in such event, Licensor shall not be liable for the failure or neglect of such
watchmen, flagmen, inspectors or supervisors.
Attachment number 1 \nPage 8 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 9 of 15 ø
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or wire
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any
work performed at the expense of Licensee pursuant hereto shall be paid by Licensee within
thirty (30) days after receipt of Licensor's bill therefor. Licensor may, at its discretion, request
an advance deposit for estimated Licensor costs and expenses.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under "force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all material used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate. Licensor may, at its
discretion, require advance deposits for estimated costs of such expenses and costs.
13. DEFAULT, BREACH, WAIVER:
13.1 The proper and complete performance of each covenant of this Agreement
shall be deemed of the essence thereof, and in the event Licensee fails or refuses to fully and
completely perform any of said covenants or remedy any breach within thirty (30) days after
receiving written notice from Licensor to do so (or within forty-eight (48) hours in the event of
notice of a railroad emergency), Licensor shall have the option of immediately revoking this
Agreement and the privileges and powers hereby conferred, regardless of encroachment fee(s)
having been paid in advance for any annual or other period. Upon such revocation, Licensee
shall make removal in accordance with Article 14.
13.2 No waiver by Licensor of its rights as to any breach of covenant or condition
herein contained shall be construed as a permanent waiver of such covenant or condition, or any
subsequent breach thereof, unless such covenant or condition is permanently waived in writing
by Licensor.
13.3 Neither the failure of Licensor to object to any work done, material used, or
method of construction or maintenance of said Encroachment, nor any approval given or
supervision exercised by Licensor, shall be construed as an admission of liability or
responsibility by Licensor, or as a waiver by Licensor of any of the obligations, liability and/or
responsibility of Licensee under this Agreement.
14. TERMINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon the date of
(a) termination, (b) revocation, or (c) subsequent agreement, or (d) Licensee's removal of the
Facility from the Encroachment. However, neither termination nor revocation of this Agreement
shall affect any claims and liabilities which have arisen or accrued hereunder, and which at the
Attachment number 1 \nPage 9 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 10 of 15 ø
time of termination or revocation have not been satisfied; neither party, however, waiving any
third party defenses or actions.
14.2 Within thirty (30) days after revocation or termination, Licensee, at its sole
risk and expense, shall (a) remove the Facilities from the rail corridor of Licensor, unless the
parties hereto agree otherwise, (b) restore the rail corridor of Licensor in a manner satisfactory to
Licensor, and (c) reimburse Licensor any loss, cost or expense of Licensor resulting from such
removal.
15. NOTICE:
15.1 Licensee shall give Licensor at least thirty (30) days written notice before
doing any work on Licensor's rail corridor, except that in cases of emergency shorter notice may
be given. Licensee shall provide proper notification as follows:
a. For non-emergencies, Licensee shall complete and submit Licensor's
Outside Party Number Request Form (Form # OP) by facsimile, to facsimile numbers: (904)
245-3692. Licensee may also scan and email a completed form to email address:
OP_Request@csx.com. A blank form, as well as additional instructions and information, can be
obtained from Licensor's web site, via web link:
http://www.csx.com/share/wwwcsx_mura/assets/File/Customers/Non-
freight_Services/Property_Real_Estate/Outside_Party_Number_Request_Form.pdf.
b. For emergencies, Licensee shall complete all of the steps outlined in
Section 15.1 a. above, and shall also include detailed information of the emergency. Licensee
shall also call and report details of the emergency to Licensor's Rail Operations Emergency
Telephone Number: 1-800-232-0144. In the event Licensor needs to contact Licensee
concerning an emergency involving Licensee's Facility(ies), the emergency phone number for
Licensee is: _________________________.
15.2 All other notices and communications concerning this Agreement shall be
addressed to Licensee at the address above, and to Licensor at the address shown on Page 1, c/o
CSXT Contract Management, J180; or at such other address as either party may designate in
writing to the other.
15.3 Unless otherwise expressly stated herein, all such notices shall be in writing
and sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
considered delivered upon: (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights herein conferred are the privileges of Licensee only, and Licensee
shall obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
Attachment number 1 \nPage 10 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 11 of 15 ø
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors or assigns.
16.3 Licensee shall give Licensor written notice of any legal succession (by
merger, consolidation, reorganization, etc.) or other change of legal existence or status of
Licensee, with a copy of all documents attesting to such change or legal succession, within thirty
(30) days thereof.
16.4 Licensor expressly reserves the right to assign this Agreement, in whole or in
part, to any grantee, lessee, or vendee of Licensor's underlying property interests in the
Encroachment, upon written notice thereof to Licensee.
16.5 In the event of any unauthorized sale, transfer, assignment, sublicense or
encumbrance of this Agreement, or any of the rights and privileges hereunder, Licensor, at its
option, may revoke this Agreement by giving Licensee or any such assignee written notice of
such revocation; and Licensee shall reimburse Licensor for any loss, cost or expense Licensor
may incur as a result of Licensee's failure to obtain said consent.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands,
rights-of-way and rail corridors under all forms and qualities of ownership rights or facts, from
full fee simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as
or be deemed to act as any warranty, guaranty or representation of the quality of Licensor's title
for any particular Encroachment or segment of Rail Corridor occupied, used or enjoyed in any
manner by Licensee under any rights created in this Agreement. It is expressly understood that
Licensor does not warrant title to any Rail Corridor and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and
superior rights in and to the Rail Corridor, and all leases, licenses and easements or other
interests previously granted to others therein.
17.2 The term "license," as used herein, shall mean with regard to any portion of
the Rail Corridor which is owned by Licensor in fee simple absolute, or where the applicable law
of the State where the Encroachment is located otherwise permits Licensor to make such grants
to Licensee, a "permission to use" the Rail Corridor, with dominion and control over such
portion of the Rail Corridor remaining with Licensor, and no interest in or exclusive right to
possess being otherwise granted to Licensee. With regard to any other portion of Rail Corridor
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Rail Corridor and grants no other rights whatsoever under this
Agreement, such waiver continuing only so long as Licensor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hereunder provides
Licensee with all of the rights necessary to occupy any portion of the Rail Corridor. Licensee
further acknowledges that it does not have the right to occupy any portion of the Rail Corridor
held by Licensor in less than fee simple absolute without also receiving the consent of the
owner(s) of the fee simple absolute estate. Further, Licensee shall not obtain, exercise or claim
any interest in the Rail Corridor that would impair Licensor's existing rights therein.
Attachment number 1 \nPage 11 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 12 of 15 ø
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damages on account of any
deficiencies in title to the Rail Corridor in the event of failure or insufficiency of Licensor's title
to any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defend all claims or
litigation for slander of title, overburden of easement, or similar claims arising out of or based
upon the Facilities placement, or the presence of the Facilities in, on or along any
Encroachment(s), including claims for punitive or special damages.
17.5 Licensee shall not at any time own or claim any right, title or interest in or to
Licensor's property occupied by the Encroachments, nor shall the exercise of this Agreement for
any length of time give rise to any right, title or interest in Licensee to said property other than
the license herein created.
17.6 Nothing in this Agreement shall be deemed to give, and Licensor hereby
expressly waives, any claim of ownership in and to any part of the Facilities.
17.7 Licensee shall not create or permit any mortgage, pledge, security, interest,
lien or encumbrances, including without limitation, tax liens and liens or encumbrances with
respect to work performed or equipment furnished in connection with the construction,
installation, repair, maintenance or operation of the Facilities in or on any portion of the
Encroachment (collectively, "Liens or Encumbrances"), to be established or remain against the
Encroachment or any portion thereof or any other Licensor property.
17.8 In the event that any property of Licensor becomes subject to such Liens or
Encumbrances, Licensee agrees to pay, discharge or remove the same promptly upon Licensee's
receipt of notice that such Liens or Encumbrances have been filed or docketed against the
Encroachment or any other property of Licensor; however, Licensee reserves the right to
challenge, at its sole expense, the validity and/or enforceability of any such Liens or
Encumbrances.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire
understanding between the parties hereto.
18.2 Neither this Agreement, any provision hereof, nor any agreement or provision
included herein by reference, shall operate or be construed as being for the benefit of any third
person.
18.3 Except as otherwise provided herein, or in any Rider attached hereto, neither
the form of this Agreement, nor any language herein, shall be interpreted or construed in favor of
or against either party hereto as the sole drafter thereof.
Attachment number 1 \nPage 12 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 13 of 15 ø
18.4 This Agreement is executed under current interpretation of applicable
Federal, State, County, Municipal or other local statute, ordinance or law(s). However, each
separate division (paragraph, clause, item, term, condition, covenant or agreement) herein shall
have independent and severable status for the determination of legality, so that if any separate
division is determined to be void or unenforceable for any reason, such determination shall have
no effect upon the validity or enforceability of each other separate division, or any combination
thereof.
18.5 This Agreement shall be construed and governed by the laws of the state in
which the Facilities and Encroachment are located.
18.6 If any amount due pursuant to the terms of this Agreement is not paid by the
due date, it will be subject to Licensor's standard late charge and will also accrue interest at
eighteen percent (18%) per annum, unless limited by local law, and then at the highest rate so
permitted.
18.7 Licensee agrees to reimburse Licensor for all reasonable costs (including
attorney's fees) incurred by Licensor for collecting any amount due under the Agreement.
18.8 The provisions of this License are considered confidential and may not be
disclosed to a third party without the consent of the other party(s), except: (a) as required by
statute, regulation or court order, (b) to a parent, affiliate or subsidiary company, (c) to an
auditing firm or legal counsel that are agreeable to the confidentiality provisions, or (d) to
Lessees of Licensor's land and/or track who are affected by the terms and conditions of this
Agreement and will maintain the confidentiality of this Agreement.
18.9 Licensor shall refund to Licensee any overpayments collected, plus any taxes
paid in advance; PROVIDED, however, such refund shall not be made when the cumulative total
involved is less than One Hundred Dollars ($100.00).
19. RIDERS:
19.1 The following Rider(s) is/are herewith attached and included herein:
[X] Telecommunication Cable or Fiber Optic Line
Attachment number 1 \nPage 13 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 14 of 15 ø
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate
(each of which shall constitute an original) as of the effective date of this Agreement.
Witness for Licensor: CSX TRANSPORTATION, INC.
_______________________________ By:_________________________________________
Print/Type Name:_____________________________
Print/Type Title:______________________________
Witness for Licensee: AUGUSTA, GEORGIA
_______________________________ By:_________________________________________
Who, by the execution hereof, affirms that he/she has
the authority to do so and to bind the Licensee to the
terms and conditions of this Agreement.
Print/Type Name:_____________________________
Print/Type Title:______________________________
Tax ID No.:__________________________________
Authority under Ordinance or
Resolution No._______________________________,
Dated ______________________________________.
Attachment number 1 \nPage 14 of 15
Item # 36
PS - FORM 1001-G
REVISED APRIL 29, 2008
AGREEMENT NO. CSX755045
Page 15 of 15 ø
COMMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
This Rider is and shall be a part of Agreement No. CSX755045, and is incorporated
therein.
1. No construction of any type pursuant or related in any way to this Agreement
shall be commenced by Licensee, or by any agent, representative, contractor, subcontractor of
Licensee, without Licensee first giving at least thirty (30) days written notice to the following
Parallel Cable Occupier(s):
("MCI") ATTN: Investigations
Mr. Dean Boyers
Worldcom/MCI Telecommunications Corporation
2400 North Glenville Drive
Richardson, TX 75082-4354
Phone No. (800) 624-9675
or (972) 729-6016
(NOTE: WRITTEN NOTICE TO MCI IS ALSO REQUIRED)
2. The notice shall be accompanied by drawing(s) showing the general plan,
elevation, details and methods of Licensee's proposed construction, and the location of
Occupier(s)' cable or facilities in relation to Licensee's proposed construction.
3. Prior to any construction, Licensee must locate and identify, any existing cable,
wire or fiber optic line (including any appurtenances thereto) of said cable occupier(s) traversing
or located in, on, or immediately adjacent to the proposed Crossing, at Licensee's sole risk.
4. Any changes, alteration, relocation or protection of wire(s), cable(s) or facilities
of such Occupier(s), required by said Occupier(s), shall be at Licensee's sole expense except as
otherwise negotiated between Licensee and said Occupier(s).
5. Licensee shall be solely responsible and liable for any damage to (e.g., cutting,
dislocating, etc.) said wire(s) or cable(s), and appurtenances thereto, resulting in any way from
Licensee's exercise of rights or privileges under this Agreement.
6. Licensee shall defend, indemnify and hold Licensor harmless from any such
damage claims and any relocation or protection costs of said Occupier(s).
Attachment number 1 \nPage 15 of 15
Item # 36
CSX755045 Exhibit A
Sheet 1 of 2 11/05/2013
CSXPROPERTYSERVICESREVIEW
NoExceptionsExceptionsNoted
ThisreviewisforthegeneralconformancewithCSXutility
designspecificationsonly.Soleresponsibilityforall
aspectsoftheoveralldesignshallremainwiththefacility
owner.Thisreviewdoesnotconstituteapprovalto
proceedwithoutmeetingallofCSX’ssafetyand
contractualrequirements.
By:____________________________
X
Attachment number 2 \nPage 1 of 2
Item # 36
CSX755045 Exhibit A
Sheet 2 of 2 11/05/2013
CSXPROPERTYSERVICESREVIEW
NoExceptionsExceptionsNoted
ThisreviewisforthegeneralconformancewithCSXutility
designspecificationsonly.Soleresponsibilityforall
aspectsoftheoveralldesignshallremainwiththefacility
owner.Thisreviewdoesnotconstituteapprovalto
proceedwithoutmeetingallofCSX’ssafetyand
contractualrequirements.
By:____________________________
X
Attachment number 2 \nPage 2 of 2
Item # 36
CSX755045Exhibit B
Sheet 1 of 211/05/2013
CSXPROPERTYSERVICESREVIEW
NoExceptionsExceptionsNoted
ThisreviewisforthegeneralconformancewithCSXutility
designspecificationsonly.Soleresponsibilityforall
aspectsoftheoveralldesignshallremainwiththefacility
owner.Thisreviewdoesnotconstituteapprovalto
proceedwithoutmeetingallofCSX’ssafetyand
contractualrequirements.
By:____________________________
X
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
3
\
n
P
a
g
e
1
o
f
2
It
e
m
#
3
6
CSX755045Exhibit B
Sheet 2 of 211/05/2013
CSXPROPERTYSERVICESREVIEW
NoExceptionsExceptionsNoted
ThisreviewisforthegeneralconformancewithCSXutility
designspecificationsonly.Soleresponsibilityforall
aspectsoftheoveralldesignshallremainwiththefacility
owner.Thisreviewdoesnotconstituteapprovalto
proceedwithoutmeetingallofCSX’ssafetyand
contractualrequirements.
By:____________________________
X
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
3
\
n
P
a
g
e
2
o
f
2
It
e
m
#
3
6
Commission Meeting Agenda
1/21/2014 2:00 PM
Georgia State Medical Prison Easement Deed
Department:Augusta Utilities Department
Caption:Motion to approve an Easement Deed, from the State of Georgia,
for an easement on the State Medical Prison property. (Approved
by Engineering Services Committee January 13, 2014)
Background:In 2012, a water line needed to be replaced, at the State Medical
Prison facility. The State issued a Revocable License Agreement
(SPC No. 605.131RLA), for the easement over the new water line.
Analysis:The Revocable License will expire in 2015. This Easement Deed,
which is for a permanent easement, will replace the Revocable
License.
Financial Impact:None
Alternatives:Deny the motion to approve an Easement Deed, from the State of
Georgia, for an easement on the State Medical Prison property.
Recommendation:Approve the motion to approve an Easement Deed, from the State
of Georgia, for an easement on the State Medical Prison property.
Funds are Available
in the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 37
Attachment number 1 \nPage 1 of 10
Item # 37
Attachment number 1 \nPage 2 of 10
Item # 37
Attachment number 1 \nPage 3 of 10
Item # 37
Attachment number 1 \nPage 4 of 10
Item # 37
Attachment number 1 \nPage 5 of 10
Item # 37
Attachment number 1 \nPage 6 of 10
Item # 37
Attachment number 1 \nPage 7 of 10
Item # 37
Attachment number 1 \nPage 8 of 10
Item # 37
Attachment number 1 \nPage 9 of 10
Item # 37
Attachment number 1 \nPage 10 of 10
Item # 37
Commission Meeting Agenda
1/21/2014 2:00 PM
Intelligent Transportation System Master Plan Implementation – Richmond County & Emergency
Vehicle and Transit Preemption System (12-137)
Department:Abie Ladson, Director
Caption:Motion to supplement Augusta, Georgia’s existing contract with
URS Corporation for the development of the Advanced
Transportation Management System (ATMS) Master Plan Update
to include design services for implementation of the following
ATMS projects identified in the Transportation Investment Act of
2010 (aka, TIA, TSPLOST) and in the final master plan update:
Richmond County ITS Master Plan Implementation (RC07-
000121) and Richmond County Emergency Vehicle and Transit
Preemption System (RC07-000137). The fees for these services
will be $499,937.01 and $249,900.63, respectively ($749,837.64
total) as requested by AED/TE. (Approved by Engineering
Services Committee January 13, 2014)
Background:As the costs of roadway widening and right-of-way continue to
grow and stress the capital budgets of municipalities around the
country, more and more of them are turning to technology to
improve their traffic flow and maximize the efficiency of the
existing roadway networks. These types of technology have been
and continue to be deployed in many cities and counties in
Georgia as well as around the country and, in some instances,
have been shown to improve the overall efficiency of major
corridors by as much as 30%. These systems which are referred
to as “Advanced Transportation Management Systems” or ATMS
include a variety of elements geared toward improving traffic
flow, traffic monitoring, transit flow, and incidents (ie, crash,
malfunction, etc.) response. Elements of these systems include: a
central command center with monitors, traffic signal
communications infrastructure, adaptive signal systems video
monitoring, dynamic message boards, transit priority, emergency
vehicle preemption, etc. The first ATMS Master Plan for this
area was developed in 2002 and to date very few of the
recommendations have been implemented primarily due to lack of
funding. Moreover, advancements in ATMS technology have
made many of the original recommendations somewhat out of
date. To that end, Richmond County placed several ATMS items
on its project list for the Transportation Investment Act of 2010
Cover Memo
Item # 38
(aka, TIA, TSPLOST). These include: Intelligent Transportation
System Master Plan Implementation and Richmond County
Emergency and Transit Vehicle Preemption System.In September
2012, a project was funded by the Augusta Regional
Transportation Study (ARTS) and contracted by Augusta, Georgia
to provide an update of the ATMS Master Plan for the
CSRA. This contract was awarded to URS during the September
4, 2012 commission meeting. Since the award, several stakeholder
and community meetings have been held and this plan is currently
being finalized and scheduled to be complete in early 2014.
Analysis:As stated previously, in September 2012, commission approved
award of the ATMS Master Plan development to URS. The
purpose of this agenda item is to supplement the existing contract
with URS to provide design services for implementation of the
recommendations provided in the ATMS Master Plan for
Richmond County.
Financial Impact:Funds are available in the TIA budget account numbers:
Intelligent Transportation System Master Plan Implementation
($499,937.01) and Richmond County Emergency and Transit
Vehicle Preemption System ($249,900.63).
Alternatives:1) Approve the proposed supplement. 2) Do not approve.
Recommendation:Approve option 1.
Funds are Available
in the Following
Accounts:
TIA Project Funds fund 371
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 38
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby amended:
Section 1: The project change is authorized to CPB# N/A to award design services in the final master
plan update: ITS Master Plan Implementation (RC07-000121) and Richmond County
Emergency Vehicle and Transit Preemption System (RC07-000137) in the amount of
$499,937.01 and $249,900.63 respectively ($749,837.64 total) to URS Corporation.
Funding available thru TIA discretionary funds.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
ITS Master Plan Implementation 500,000$
RC Emergency Vehicle and Transit Preemption System 250,000$
750,000$
Section 3: 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
Deke Copenhaven, Mayor
CAPITAL PROJECT BUDGET
INTELLIGENT TRANSPROTATION SYSTEM MASTER PLAN
IMPLEMENTATION-RICHMOND COUNTY &
CPB#N/A
RICHMOND COUNTY EMERGENCY & TRANSIT VEHICLE
PREEMPTION SYSTEM
BID #12-137
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
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
12.30.13
Attachment number 1 \nPage 1 of 3
Item # 38
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
INTELLIGENT TRANSPROTATION SYSTEM MASTER PLAN
IMPLEMENTATION-RICHMOND COUNTY &
CPB#N/A
RICHMOND COUNTY EMERGENCY & TRANSIT VEHICLE
PREEMPTION SYSTEM
BID #12-137
12.30.13
Attachment number 1 \nPage 2 of 3
Item # 38
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
INTELLIGENT TRANSPROTATION SYSTEM MASTER PLAN
IMPLEMENTATION-RICHMOND COUNTY &
CPB#N/A
RICHMOND COUNTY EMERGENCY & TRANSIT VEHICLE
PREEMPTION SYSTEM
BID #12-137
CPB AMOUNT ADDITION NEW
SOURCE OF FUNDS CPB REQUEST CPB
TIA ITS Master Plan Implementation
235-041110-6011110 ($500,000)($500,000)
TIA RC Emergency Vehicle System ($250,000)($250,000)
235-041110-6011110
TOTAL SOURCES: ($750,000)($750,000)
USE OF FUNDS
ENGINEERING
235-041110-5212115 $750,000 $750,000
TOTAL USES: $750,000 $750,000
12.30.13
Attachment number 1 \nPage 3 of 3
Item # 38
ENGINEERING DEPARTMENT
Abie L. Ladson, PE, CPESC, Director Steven J. Cassell, PE, PTOE,
Assistant Director
Augusta Engineering Administration - Traffic Engineering Division
507 Telfair Street - Augusta, Georgia 30901
Phone: (706) 821-1850 - Fax: (706) 821-1724
www.augustaga.gov
Committee Meeting Date: 1/13/14
Commission Meeting Date: 1/21/14
Agenda Item Number:
Approval Letter Date:
Entered into the NovusAgenda by/date 12/30/13-scm
Date: December 31, 2013
To: The Honorable Deke S. Copenhaver, Mayor
Members of the Commission
Joe Jackson, Chairman, Engineering Services Committee
Through: Fred Russell, Administrator
From: Abie Ladson, P.E., CPESC, Director, Engineering Department
Subject: Intelligent Transportation System Master Plan Implementation – Richmond County
Project No.: RC07-000121, Bid #12-137
Emergency Vehicle and Transit Preemption System
Project No.: RC07-000137, Bid #12-137
Caption: Motion to supplement Augusta, Georgia’s existing contract with URS Corporation
for the development of the Advanced Transportation Management System (ATMS)
Master Plan Update to include design services for implementation of the following
ATMS projects identified in the Transportation Investment Act of 2010 (aka, TIA,
TSPLOST) and in the final master plan update: Richmond County ITS Master Plan
Implementation (RC07-000121) and Richmond County Emergency Vehicle and
Transit Preemption System (RC07-000137). The fees for these services will be
$499,937.01 and $249,900.63, respectively ($749,837.64 total) as requested by
AED/TE.
Background: As the costs of roadway widening and right-of-way continue to grow and stress the
capital budgets of municipalities around the country, more and more of them are
turning to technology to improve their traffic flow and maximize the efficiency of
the existing roadway networks. These types of technology have been and continue
to be deployed in many cities and counties in Georgia as well as around the country
and, in some instances, have been shown to improve the overall efficiency of major
corridors by as much as 30%.
These systems which are referred to as “Advanced Transportation Management
Systems” or ATMS include a variety of elements geared toward improving traffic
flow, traffic monitoring, transit flow, and incidents (ie, crash, malfunction, etc.)
response. Elements of these systems include: a central command center with
monitors, traffic signal communications infrastructure, adaptive signal systems,
Attachment number 2 \nPage 1 of 2
Item # 38
Augusta Engineering Administration - Traffic Engineering Division
507 Telfair Street - Augusta, Georgia 30901
Phone: (706) 821-1850 - Fax: (706) 821-1724
www.augustaga.gov
Agenda Item: ____
Page 2
December 31, 2013
video monitoring, dynamic message boards, transit priority, emergency vehicle
preemption, etc.
The first ATMS Master Plan for this area was developed in 2002 and to date very
few of the recommendations have been implemented primarily due to lack of
funding. Moreover, advancements in ATMS technology have made many of the
original recommendations somewhat out of date.
To that end, Richmond County placed several ATMS items on its project list for the
Transportation Investment Act of 2010 (aka, TIA, TSPLOST). These include:
Intelligent Transportation System Master Plan Implementation and Richmond
County Emergency and Transit Vehicle Preemption System.
In September 2012, a project was funded by the Augusta Regional Transportation
Study (ARTS) and contracted by Augusta, Georgia to provide an update of the ATMS
Master Plan for the CSRA. This contract was awarded to URS during the September
4, 2012 commission meeting.
Since the award, several stakeholder and community meetings have been held and
this plan is currently being finalized and scheduled to be complete in early 2014.
Analysis: As stated previously, in September 2012, commission approved award of the
ATMS Master Plan development to URS. The purpose of this agenda item is to
supplement the existing contract with URS to provide design services for
implementation of the recommendations provided in the ATMS Master Plan for
Richmond County.
Financial Impact: Funds are available in the TIA budget account numbers: Intelligent
Transportation System Master Plan Implementation ($499,937.01) and
Richmond County Emergency and Transit Vehicle Preemption System
($249,900.63).
Alternatives: 1) Approve the proposed supplement.
2) Do not approve.
Recommendation: Approve option 1.
Requested Agenda Date: Committee Meeting January 13, 2014
Commission Meeting January 21, 2014
Funds are available in the following accounts: TIA Discretionary Funds
SC/vj/scm
Attachment number 2 \nPage 2 of 2
Item # 38
Commission Meeting Agenda
1/21/2014 2:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the
Commission held January 7, 2014 and Special Called Meetings
held January 7 & 13, 2014.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 39
Commission Meeting Agenda
1/21/2014 2:00 PM
District 6 Canal Authority Appt.
Department:
Caption:Motion to approve the reappointment of Crystal Eskola to the
Augusta Canal Authority representing District 6.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 40
Commission Meeting Agenda
1/21/2014 2:00 PM
Appoint URA members
Department:Finance / Administrator
Caption:Appoint members to the Urban Redevelopment Agency (URA) of
Augusta.
Background:The terms of the current members have expired. The current
members continue to serve until their successors are appointed.
As part of the process to issue bonds for the renovation of the
Municipal Building Campus, it would be appropriate to appoint
new board members.
Analysis:
Financial Impact:
Alternatives:
Recommendation:Appprove appointments to the Urban Redevelopment Agency
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 41
Commission Meeting Agenda
1/21/2014 2:00 PM
Richmond County Hospital Authority
Department:
Caption:Consider a request from the Richmond County Hospital to appoint one
from the following for the Active Medical Staff member position
currently held by A. Bleakley Chandler, M.D. who is not eligible:
Alexander H. MacDonell, III, M.D., 4 Tall Pine Court, Augusta, GA.
30909
James B. Kay, M.D. 810 Carriage Court, Augusta,GA 30909
Stuart H. Prather, III, M.D. 2220 Edgewood Drive, Augusta, GA 30904
For the African American member position currently held by Mac
Bowman, M.D. who is eligible for reappointment.
Mac A. Bowman, M.D., 3404 Dunnington Place, Augusta, GA 30909
Sanford Loyd, 711 Woodgate Court, Augusta, GA 30909
Terry D. Elam, 17 Park Place, Augusta, GA 30909
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 42
Attachment number 1 \nPage 1 of 1
Item # 42
Attachment number 2 \nPage 1 of 1
Item # 42
Attachment number 3 \nPage 1 of 2
Item # 42
Attachment number 3 \nPage 2 of 2
Item # 42
Commission Meeting Agenda
1/21/2014 2:00 PM
Former Administrator's Hard Drive
Department:
Caption:Motion to discuss Commissioner’s request for a copy of former
Administrator’s Hard Drive. (Requested by Mayor Deke
Copenhaver)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 43
Commission Meeting Agenda
1/21/2014 2:00 PM
Fred Russell's Hard Drive
Department:
Caption:Report/update from the Interm Administrator regarding the
request of a copy of the former administrator's computer hard
drive. (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 # 44
Commission Meeting Agenda
1/21/2014 2:00 PM
Resolution Augusta Regional Airport
Department:
Caption:Approve/adopt a resolution relinquishing the Augusta
Commission's approvals relative to the Augusta Regional Airport
at Bush Field expenditures and contracts and forward to the
Augusta-Richmnd County Legislative Delegation. (Requested by
Commissioner Joe Jackson)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 45
Commission Meeting Agenda
1/21/2014 2:00 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 # 46