HomeMy WebLinkAbout2016-08-16-Meeting AgendaCommission Meeting Agenda
Commission Chamber
8/16/2016
2:00 PM
INVOCATION:Minister Carl Jones, Pastor, Church of Christ at Grace Street.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
CONSENT AGENDA
(Items 1-13)
PLANNING
1. Z-16-25-SP – A request for concurrence with the Augusta Planning
Commission to approve with the conditions stated below petition by
Mike Samadi, on behalf of Faraj Zahra, requesting a Special Exception
to establish a Family Personal Care Home, per Section 26-1 (h) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing 1.1 acres and known as 4013 Belair Road.
Tax Map 038-0-061-00-0 DISTRICT 3 1. The home shall be staffed in
three (3) 8-hour shifts on a 7-day 24-hour basis with no staff sleeping in
the home. 2. A private room shall be provided for staff to conduct
business. 3. No more than six (6) clients are permitted to reside in the
home. 4. Walls separating existing bedrooms shall be demolished to
create bedrooms that meet the required floor area for the number of
individuals residing on the property. 5. All work required to bring the
structure into compliance with applicable codes shall be completed by a
licensed and bonded contractor. 6. A six-foot (6 ft.) solid board fence
shall be installed to enclose the rear yard, or a portion thereof, of the
property to ensure the safety of the clients and provide opportunities for
outdoor activities. 7. A satisfactory inspection from all applicable
building inspection officials and a re-inspection by Code Enforcement
must be obtained within six (6) months and prior to the applicant
obtaining a local business license from Augusta, Georgia or the Special
Exception is void. 8. The applicant will have to obtain a license with the
State of Georgia, and proof of compliance with the minimum
requirements of Chapter 111.8-62.01 of the O.C.G.A must be provided
Attachments
within six (6) months and the applicant must obtain a local business
license from Augusta, Georgia or the Special Exception is void. 9. If
wheelchair bound persons reside in the home all 2010 ADA Standards
for Accessible Design requirements must be met, including but not
limited to: a. All doorways must be at least 3 ft. wide. b. At least one
bathroom that permits a wheelchair dependent person to use all bathroom
facilities unimpeded. 10. All conditions must be met before a business
license shall be issued. 11. If approved, staff will review the most recent
area crime report to determine whether the use should continue to
operate following one (1) year of the effective date of approval.
2. Z-16-26-SP – A request for concurrence with the Augusta Planning
Commission to approve with the conditions stated below a petition by
Ian Shiverick requesting a Special Exception to establish a Special
Events venue, per Section 26-1 (i) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing
approximately 5.12 acres and known as 3594 Windsor Spring and part of
3596 Windsor Spring Road. Tax Map 142-1-002-00-0 and part of 142-
0-074-02-0 DISTRICT 4 1. The use of the property shall be limited to
special events and per the Augusta Fire Department for not more than 99
guests. 2. The parking plan must substantially conform to the plan
submitted with the application. A minimum of 80 parking spaces shall be
provided for guests. Spaces will also need to be provided for temporary
parking of service vehicles and event-related staff. Parking
improvements on the property must be completed and inspected prior to
a business license being issued. 3. The driveway plan, internal to the
subject property, must substantially conform to the Windsor Manor Plan
submitted with the application. The driveway, internal to the subject
property, must be a minimum width of 24’ wide, be constructed of the
same materials as the existing driveway in front of the house, and must
have adequate stability to meet the Fire Department’s access
requirements for emergency service vehicles and fire trucks. The
driveway improvements, internal to the subject property, must be
inspected and approved prior to a Business License being issued.
II Improvements to the existing common driveway that serves as
access to the subject property and other properties to and from
Crosscreek Road must be constructed, from the subject property to
Crosscreek Road, to be a minimum of 24’wide, be constructed, at a
minimum, of the same materials as the improved part of the driveway
near Crosscreek Road, and must have adequate stability to meet the Fire
Department’s access requirements for emergency service vehicles and
fire trucks. The common driveway improvements must be inspected and
approved prior to a business license being issued. 4. All outdoor
activities shall cease by 11:00 p.m. 5. A report by the Environmental
Attachments
Health Department, confirming the existing septic system will
adequately serve events with less than 25 persons, must be provided
before a business license shall be issued. 6. Portable bathrooms shall be
required for all events with more than 25 persons.
3. Z-16-27 – A request for concurrence with the Augusta Planning
Commission to approve with the conditions stated below a petition by
Avery Properties and Design LLC, on behalf of Lydia E. Wilbanks,
requesting a change of zoning from Zone R-1A (One-family
Residential) to Zone B-1 (Neighborhood Business) affecting property
containing 0.33 acres and is known as 2103 Eastside Court. Tax Map
110-3-010-00-0 DISTRICT 6 1. The uses for this property are to be
limited to professional offices, existing single-family residential and the
following permitted B-1 uses; florist, jewelry store, music store,
veterinarian, and tailor/seamstress. 2. At the time of construction, 2101
and 2103 shall be shown to have been combined in a unity of title.
3. The cross access easement for the Eastland Court properties shall be
expanded to include parking on the Peach Orchard properties as no
specific user/s has been identified. 4. The site plan must include a 10-
foot landscape buffer and six-foot privacy fence.
Attachments
4. Z-16-29 - A request for concurrence with the Augusta Planning
Commission to approve with the conditions stated below a petition by
James S. Murray (Attorney), on behalf of Frank E. Knox, to change the
zoning from Zone A (Agriculture) to Zone B-2 (General Business)
for .74 acres known as 3898 Wrightsboro Road. Tax Map 039-0-071-
00-0 DISTRICT 3 1. The use of the property be limited to the proposed
driveway use. 2. A plat combining 3898 and 3904 Wrightsboro Road
must be presented and approved before site plan review may commence.
Attachments
5. Z-16-30-SP – A request for concurrence with the Augusta Planning
Commission to approve a petition by Inman Solar Inc., on behalf of the
City of Augusta, requesting a Special Exception to establish a Solar
Farm per Section 26-1 (C) of the Comprehensive Zoning Ordinance for
Augusta-Richmond County affecting property containing 45.93 acres
(use shall utilize a portion of the parcel) and known as 1941 Phinizy
Road. Part of Tax Map 133-0-023-02-0 DISTRICT 6
Attachments
6. Z-16-31-SP - A request for concurrence with the Augusta Planning
Commission to approve a petition by Inman Solar Inc., on behalf of the
Attachments
City of Augusta, requesting a Special Exception to establish a Solar
Farm per Section 26-1 (C) of the Comprehensive Zoning Ordinance for
Augusta-Richmond County affecting property containing 188.45 acres
(use shall utilize a portion of the parcel) and known as 1731 Tobacco
Road (aka 1725 Tobacco Road). Part of Tax Map 157-0-018-08-0
DISTRICT 6
PUBLIC SERVICES
7.Motion to approve New Ownership Application: A.N. 16-28: request
by Kamalakar R. Katukoori for a retail package Beer & Wine License to
be used in connection with E Z Go Food Mart located at 1801 Marvin
Griffin Rd. District 1. Super District 9. (Approved by Public Services
Committee August 9, 2016)
Attachments
8.Motion to approve New Application: A. N. 16-29: request by Johanna
Ciccio for an on premise consumption Liquor, Beer & Wine License to
be used in connection with The Wooden Barrel located at 3317 Peach
Orchard Rd. There will be Dance. District 6. Super District 10.
(Approved by Public Services Committee August 9, 2016)
Attachments
9.Motion to approve Change Order #5 in the amount of $106,046.00 to
the contract with R.W. Allen, LLC for the renovations to convert the old
public library into offices for the Augusta Public Defender’s Office. The
new contract amount will be $4,681,598.00. (Approved by Public
Services Committee August 9, 2016)
Attachments
10.Motion to approve Contract with Trapeze Software Group Inc. dba
TripSpark Technologies to implement Streets Software and Upgrades to
Existing Systems. (Approved by Public Services Committee August 9,
2016)
Attachments
ENGINEERING SERVICES
11.Motion to approve award of the On-Call Concrete Repair, Concrete
Construction and Emergency Repair Services Contract to Horizon
Construction, J&B Construction & Services, Inc., Quality Storm Water
Solutions, Winsay, Inc., Jamco Civil, Inc., Blair Construction, Larry
McCord, LLC., and Contract Management, Inc. Award is contingent
upon receipt of signed contracts and proper insurance Documents. Also,
Attachments
approve $1,000,000 to fund the proposed On-Call Concrete Repair,
Concrete Construction and Emergency Repair Services as requested by
AED. (RFP 16-155)(Approved by Engineering Services Committee
August 9, 2016)
12.Motion to approve award of Bid #16-194A for the renovations of 452
Walker Street to Allen Batchelor Construction, Inc. in the amount of
$3,220,000.00. (Approved by Engineering Services Committee
August 9, 2016)
Attachments
PETITIONS AND COMMUNICATIONS
13.Motion to approve the minutes of the regular meeting of the
Commission held August 2, 2016 and Special Called Meeting August
9, 2016.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
8/16/2016
AUGUSTA COMMISSION
REGULAR AGENDA
8/16/2016
(Items 14-19)
PUBLIC SERVICES
14.Consider appeal from Sharon Bush Ellison regarding the denial of
"Approval for Employment" Adult Entertainment Independent
Contractor License.
Attachments
ADMINISTRATIVE SERVICES
15.Discuss the Georgia Retention Schedule and city official documents.
(Requested by Commissioner Marion Williams)
Attachments
SUBCOMMITTEE
Upcoming Meetings
www.augustaga.gov
Pension Committee
16.Motion to adopt the Georgia Municipal Employees Benefit System
Defined Benefit Retirement Plan-Master Plan Amendments by
Employers with Individually Designed Plans.
Attachments
APPOINTMENT(S)
17.Motion to reappoint Mr. Charles Smith to the Richmond County Board
of Tax Assessors. (Requested by Mayor Pro Tem Grady Smith)
Attachments
ADMINISTRATOR
18.Motion to ratify the August 9, 2016 authorization letter to allow the
Administrator to advertise the proposed 2016 mill rates for each taxing
district along with 5-year history of the digest and to schedule date of the
meeting, August 18, 2016 to adopt the rates proposed. See Schedule of
the 2016 Millage Rates and ratify at the next regular commission
meeting.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
19.Motion to approve execution by the Mayor of the affidavit of
compliance with Georgia's Open Meeting Act.
Commission Meeting Agenda
8/16/2016 2:00 PM
Invocation
Department:
Department:
Caption:Minister Carl Jones, Pastor, Church of Christ at Grace Street.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Z-16-25-SP
Department:Planning Commission
Department:Planning Commission
Caption:Z-16-25-SP – A request for concurrence with the Augusta
Planning Commission to approve with the conditions stated
below petition by Mike Samadi, on behalf of Faraj Zahra,
requesting a Special Exception to establish a Family Personal
Care Home, per Section 26-1 (h) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property
containing 1.1 acres and known as 4013 Belair Road. Tax Map
038-0-061-00-0 DISTRICT 3 1. The home shall be staffed in
three (3) 8-hour shifts on a 7-day 24-hour basis with no staff
sleeping in the home. 2. A private room shall be provided for
staff to conduct business. 3. No more than six (6) clients are
permitted to reside in the home. 4. Walls separating existing
bedrooms shall be demolished to create bedrooms that meet the
required floor area for the number of individuals residing on the
property. 5. All work required to bring the structure into
compliance with applicable codes shall be completed by a licensed
and bonded contractor. 6. A six-foot (6 ft.) solid board fence shall
be installed to enclose the rear yard, or a portion thereof, of the
property to ensure the safety of the clients and provide
opportunities for outdoor activities. 7. A satisfactory inspection
from all applicable building inspection officials and a re-
inspection by Code Enforcement must be obtained within six (6)
months and prior to the applicant obtaining a local business
license from Augusta, Georgia or the Special Exception is void.
8. The applicant will have to obtain a license with the State of
Georgia, and proof of compliance with the minimum requirements
of Chapter 111.8-62.01 of the O.C.G.A must be provided within
six (6) months and the applicant must obtain a local business
license from Augusta, Georgia or the Special Exception is void.
9. If wheelchair bound persons reside in the home all 2010 ADA
Standards for Accessible Design requirements must be met,
including but not limited to: a. All doorways must be at least 3 ft.
wide. b. At least one bathroom that permits a wheelchair
dependent person to use all bathroom facilities unimpeded. 10.
All conditions must be met before a business license shall be
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issued. 11. If approved, staff will review the most recent
area crime report to determine whether the use should continue to
operate following one (1) year of the effective date of approval.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Z-16-26-SP
Department:Planning Commission
Department:Planning Commission
Caption:Z-16-26-SP – A request for concurrence with the Augusta
Planning Commission to approve with the conditions stated
below a petition by Ian Shiverick requesting a Special Exception
to establish a Special Events venue, per Section 26-1 (i) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing approximately 5.12 acres and known
as 3594 Windsor Spring and part of 3596 Windsor Spring Road.
Tax Map 142-1-002-00-0 and part of 142-0-074-02-0 DISTRICT
4 1. The use of the property shall be limited to special events
and per the Augusta Fire Department for not more than 99 guests.
2. The parking plan must substantially conform to the plan
submitted with the application. A minimum of 80 parking spaces
shall be provided for guests. Spaces will also need to be provided
for temporary parking of service vehicles and event-related staff.
Parking improvements on the property must be completed and
inspected prior to a business license being issued. 3. The
driveway plan, internal to the subject property, must substantially
conform to the Windsor Manor Plan submitted with the
application. The driveway, internal to the subject property, must
be a minimum width of 24’ wide, be constructed of the same
materials as the existing driveway in front of the house, and must
have adequate stability to meet the Fire Department’s access
requirements for emergency service vehicles and fire trucks. The
driveway improvements, internal to the subject property, must be
inspected and approved prior to a Business License being issued.
II Improvements to the existing common driveway that serves
as access to the subject property and other properties to and from
Crosscreek Road must be constructed, from the subject property to
Crosscreek Road, to be a minimum of 24’wide, be constructed, at
a minimum, of the same materials as the improved part of the
driveway near Crosscreek Road, and must have adequate stability
to meet the Fire Department’s access requirements for emergency
service vehicles and fire trucks. The common driveway
improvements must be inspected and approved prior to a business
license being issued. 4. All outdoor activities shall cease by 11:00
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p.m. 5. A report by the Environmental Health Department,
confirming the existing septic system will adequately serve events
with less than 25 persons, must be provided before a business
license shall be issued. 6. Portable bathrooms shall be required for
all events with more than 25 persons.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Z-16-27
Department:Planning Commission
Department:Planning Commission
Caption: Z-16-27 – A request for concurrence with the Augusta Planning
Commission to approve with the conditions stated below a
petition by Avery Properties and Design LLC, on behalf of Lydia
E. Wilbanks, requesting a change of zoning from Zone R-1A
(One-family Residential) to Zone B-1 (Neighborhood Business)
affecting property containing 0.33 acres and is known as 2103
Eastside Court. Tax Map 110-3-010-00-0 DISTRICT 6 1. The
uses for this property are to be limited to professional offices,
existing single-family residential and the following permitted B-1
uses; florist, jewelry store, music store, veterinarian, and
tailor/seamstress. 2. At the time of construction, 2101 and 2103
shall be shown to have been combined in a unity of title. 3. The
cross access easement for the Eastland Court properties shall be
expanded to include parking on the Peach Orchard properties as
no specific user/s has been identified. 4. The site plan must
include a 10-foot landscape buffer and six-foot privacy fence.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
Cover Memo
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Z-16-29
Department:Planning Commission
Department:Planning Commission
Caption: Z-16-29 - A request for concurrence with the Augusta Planning
Commission to approve with the conditions stated below a
petition by James S. Murray (Attorney), on behalf of Frank E.
Knox, to change the zoning from Zone A (Agriculture) to Zone
B-2 (General Business) for .74 acres known as 3898
Wrightsboro Road. Tax Map 039-0-071-00-0 DISTRICT 3
1. The use of the property be limited to the proposed driveway
use. 2. A plat combining 3898 and 3904 Wrightsboro Road must
be presented and approved before site plan review may
commence.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Z-16-30-SP
Department:Planning Commission
Department:Planning Commission
Caption: Z-16-30-SP – A request for concurrence with the Augusta
Planning Commission to approve a petition by Inman Solar Inc.,
on behalf of the City of Augusta, requesting a Special Exception
to establish a Solar Farm per Section 26-1 (C) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing 45.93 acres (use shall utilize a
portion of the parcel) and known as 1941 Phinizy Road. Part of
Tax Map 133-0-023-02-0 DISTRICT 6
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Z-16-31-SP
Department:Planning Commission
Department:Planning Commission
Caption: Z-16-31-SP - A request for concurrence with the Augusta
Planning Commission to approve a petition by Inman Solar Inc.,
on behalf of the City of Augusta, requesting a Special Exception
to establish a Solar Farm per Section 26-1 (C) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing 188.45 acres (use shall utilize a
portion of the parcel) and known as 1731 Tobacco Road (aka
1725 Tobacco Road). Part of Tax Map 157-0-018-08-0
DISTRICT 6
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve New Ownership Application: A.N. 16-
28: request by Kamalakar R. Katukoori for a retail package Beer &
Wine License to be used in connection with E Z Go Food Mart
located at 1801 Marvin Griffin Rd. District 1. Super District 9.
(Approved by Public Services Committee August 9, 2016)
Background:This is a New Ownership Application formerly in the name of
Myong K. Shouse.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $665.00.
Alternatives:
Recommendation:The Planning & Development Department recommends approval.
The R.C.S.O. recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Law
Administrator
Clerk of Commission
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Alcohol Application
Department:Planning & Development
Department:Planning & Development
Caption:Motion to approve New Application: A. N. 16-29: request by
Johanna Ciccio for an on premise consumption Liquor, Beer &
Wine License to be used in connection with The Wooden Barrel
located at 3317 Peach Orchard Rd. There will be Dance. District
6. Super District 10. (Approved by Public Services Committee
August 9, 2016)
Background:This is a New Application. Note: Applicant did not renew by
January 31, 2016, Applicant had to re-apply.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro-rated fee of $1,990.00.
Alternatives:
Recommendation:The Planning Development Department recommends approval. The
R.C.S.O. recommends approval.
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Law
Administrator
Clerk of Commission
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
PDO - Change Order #5
Department:Central Services - Facilities
Department:Central Services - Facilities
Caption:Motion to approve Change Order #5 in the amount of
$106,046.00 to the contract with R.W. Allen, LLC for the
renovations to convert the old public library into offices for the
Augusta Public Defender’s Office. The new contract amount will
be $4,681,598.00. (Approved by Public Services Committee
August 9, 2016)
Background:The Augusta Commission has entered into a design-build contract
with R.W. Allen, LLC to design and renovate the former main
library into offices for the Augusta Public Defender. The original
scope was limited and the first two change orders could be more
accurately described as work authorizations to complete different
phases of the work. Change Order (CO) #3 and #4 were
approved at the administrative level. CO #3, in the amount of
$21,570.00 was for rerouting of underground piping due to
unforeseen below grade obstacles and changed mandated by
Georgia Power for the main electrical feed. CO #4, in the amount
of $5,220.00, was to replace the existing sanitary sewer tap due to
displaced alignment and crushed sections that created obstructions
in the pipe that were not know at the time the project was initially
priced. CO #5, in the amount of $106,046.00 is made up of the
following components that were not included in the original scope
of work: $72,588.00 to have the electrical subcontractor furnish
and install all data cabling, terminations and framework necessary
for telephony and data for use by the Public Defender’s Office.
This work was not originally included under the contract. Pricing
is detailed in the attached Proposed Change Order (PCO)
#1.$29,053.00 to have the electrical subcontractor furnish and
install the conduit and infrastructure necessary for the main
communication fiber required to connect phones and computers to
the county system. This request also includes conduit and
infrastructure to provide the analog phone service which is
required by code for the emergency phone in the elevator. Conduit
and infrastructure for Comcast cable is to provide cable TV for
clients in the lobby and wireless internet within the building is
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also included. This work was not originally included under the
contract. Pricing is detailed in the attached PCO #6. $4,405.00 to
have the electrical subcontractor provide HDMI cabling to
multiple locations in the building to facilitate the use of video
equipment for training of staff. This work was not originally
included in the contract. Pricing is detailed in the attached PCO
#6.
Analysis:Central Services – Facilities and IT have worked with the
contractor and the utility companies to make sure the installation
meets our specifications and that the work is performed as
efficiently and cost effectively as possible. The Public Defender’s
Office will not be able to operate without the communication and
data infrastructure included in this scope. The total amount of the
Request for Change Order #5 is $106,046.00 and will result in a
revised contract amount of $4,681,598.00. Staff has reviewed the
information and is satisfied that the additional costs are necessary,
reasonable, are due to additional scope not included in the original
contract, and recommends approval.
Financial Impact:The cost of the change order #5 is $106,046.00.
Alternatives:1. Approve Change Order #5 in the amount of $106,046.00 to the
contract with R.W. Allen, LLC for the renovations to convert the
old public library into offices for the Augusta Public Defender’s
Office. The new contract amount will be $4,681,598.00. 2.
Determine another means to provide data and communication
services.
Recommendation:Approve Change Order #5 in the amount of $106,046.00 to the
contract with R.W. Allen, LLC for the renovations to convert the
old public library into offices for the Augusta Public Defender’s
Office. The new contract amount will be $4,681,598.00.
Funds are Available
in the Following
Accounts:
Funding is in the project budget.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
TripSpark Technologies
Department:Augusta Public Transit
Department:Augusta Public Transit
Caption:Motion to approve Contract with Trapeze Software Group Inc.
dba TripSpark Technologies to implement Streets Software and
Upgrades to Existing Systems. (Approved by Public Services
Committee August 9, 2016)
Background:Augusta Public Transit (APT) intends to effect a major change in
how technology is applied to supporting public transit
customers. The project will involve upgrades to existing software
platforms, new software for fixed-route buses, and various
vehicle-mounted improvements and amenities that will provide
customers with a better public-transportation experience. Augusta
contracted with Trapeze, Inc. in the late 1990’s to provide
software for Paratransit vehicle management. Trapeze has since
grown to incorporate other technology providers, one of whom is
TripSpark, the manufacturer of Fixed Route software that APT
proposes to implement. Augusta currently uses the following
modules of Trapeze software (known collectively as “PASS”):
· MON – This is an interface that allows real-time data
communication between service vehicles and the dispatch system.
· MDC – A module that allows transfer of trip related data to
mobile computers. · CERT – A module that has ability to
automate tasks associated with the certification process such as
client correspondence and information related to paratransit
clients. · SUS Suspension Module – This module is used to
manage violations such as No-Shows and Late Arrivals and
Cancellations. Letters and Reports can be generated within the
module as needed to assist in tracking violators. · IVR – This
is a module that permits citizens to call and schedule paratransit
rides. APT has been very satisfied with the overall software
solution and the level of support and dedication that they have
received from the vendor on their existing products.
Analysis:Augusta intends to contract with Trapeze Software Group, the
manufacturer of Augusta’s current paratransit PASS software, in
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order to provide an expanded software solution for the fixed route
bus service. Fixed-Route refers to the buses that run regular,
established routes throughout Augusta. Currently, these routes are
not integrated into an overall transportation management solution,
but the APTM project is intended to apply the Trapeze’ TripSpark
Streets product to this function. Streets is a Computer Aided
Dispatch / Automatic Vehicle Locator (CAD / AVL) system that
connects APT vehicles with the office scheduling and dispatching
software. It automatically collects data used by dispatchers such as
bus GPS locations, schedule adherence status, breakdowns and
emergencies. It also passes information to in-vehicle peripheral
devices such as headsigns and annunciators to provide updates to
passengers. The Streets system also communicates with passenger
information systems (website and mobile applications.) Call takers
can quickly and accurately respond to questions about the location
and status of a bus. The AVL portion of Streets means that APT
personnel will be able to see the current, exact location of buses
on a computerized map. The solution provides real time GPS
updates if a bus is early or late, if the bus is on/off its assigned
route, if the bus has historically been on schedule, and its current
speed and direction. The information above can be released online
so that riders can determine through a mobile app (known as
“MyRide”) where the bus is located and estimate when it will
arrive at their location. The project also includes an upgrade of the
existing IVR (Interactive Voice Response) system used on the
Paratransit side of APT. The existing system is several years old
and has been replaced by its manufacturer. This purchase is being
acquired pursuant to a Sole Source agreement. While there are
multiple vendors selling “Scheduling, Dispatching, and Real time”
products for transit management employees and customers, the
necessity to integrate such software with Augusta’s existing
Trapeze software modules is what necessitates this acquisition on
a sole-source basis. The FTA procurement policy (i.e. FTA
Circular 4220.1.F) delineates the condition under which a sole-
source award is justifiable, and the “substantial duplication costs”
justification is the one that is applicable here. The communication
device that will be used on the Paratransit vehicles as part of the
upgrade is known as the “Ranger Unit”. This device is the central
collection point of all data gathered by the PASS System. These
are the same devices that will be used on the Fixed route vehicles.
These devices are proprietary to the Trapeze System. In short,
Transit has concluded that the only way to avoid substantial
duplication costs associated with the project is to acquire the
Streets module from Trapeze. These duplication costs include
such programming that allow for GPS tracking, integration of
information into a single database, and other hardware costs.
Additionally, this will assure that ongoing support needed for the
system is more streamlined and eliminates additional cost when
more than one vendor is involved. This project is anticipated to
begin in the Summer of 2016 and should be completed in the 4th
Quarter of 2016. Cover Memo
Financial Impact:The cost of this project is $587,084 (Includes 3.5% ($20,000)
contingency) This purchase will be funded with local and federal
grant funds from the Transit Department’s 2016 Capital Budget.
The allocated funding breakdown is: Funding Source Total Split
Federal Local GA-90-X343 $587,084 80/20 $469,667.20
$117,416.80
Alternatives:Do not acquire the technology, this will result in the continued
limited availability of critical data that is needed for effective
decision making about current and future transit initiatives.
Recommendation:Approve Contract with TripSpark to implement Streets Software
and Upgrades to Existing Systems
Funds are Available
in the Following
Accounts:
Funding Source Total Split Federal Local GA-90-X343 $587,084
80/20 $469,667.20 $117,416.80
REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
Page 1 of 13 2015
SOFTWARE LICENSE AND MAINTENANCE AGREEMENT
Between
TRAPEZE SOFTWARE GROUP, INC. dba TripSpark Technologies (“Trapeze” or “TripSpark” or “Vendor”) with its
place of business at 5265 Rockwell Dr NE, Cedar Rapids, IA 52402, U.S.A.
And
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia (“Augusta, Georgia” or “Licensee”) with its
principal place of business at 535 Telfair Street, Bldg., 2000 Augusta, Georgia 30901, U.S.A.
Notice Information:
If intended for TripSpark, to: If intended for Licensee, to:
5800 Explorer Drive, 5th Floor Augusta, Georgia Information Technology
Mississauga, Ontario, Canada L4W 5L4 535 Telfair St Building 2000
Contact: Mary Pavela Contact: Tameka Allen
Telephone: 1-905-629-8727 Telephone: 706-821-2522
Number of Pages in this Agreement including attached Exhibits:
This Agreement, including its Exhibits (Exhibit A, Exhibit B, Exhibit C, and Exhibit D) shall apply in place of and prevail
over the previously executed license and maintenance agreements between TripSpark and Licensee, as further described
below, and any other preceding or subsequent terms and conditions contained or referred to in any of the Licensee’s
purchase orders, correspondence or elsewhere or implied by trade, custom, practice or course of dealing and any
purported provisions to the contrary are hereby extinguished or excluded. Without limiting the generality of the
foregoing, TripSpark will not be bound by any standard or printed terms produced by Licensee, except as included and
set forth in this Agreement. Licensee expressly acknowledges that no provisions, representations, undertakings,
agreements, regarding the goods or services to be provided hereunder, have been made, other than those contained in
this Agreement. TripSpark acknowledges that this Agreement 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.
By mutual agreement between the parties, the following software and license agreements shall terminate in all respects,
and shall have no further force or effect after the effective date of this Agreement:
(i) Software License Agreement dated September 13, 1999 (“Software License Agreement”) and Software
Maintenance Agreement made effective September 13, 1999 (“Software Maintenance Agreement”) for the
TripSpark PASS, PASS-SUS Software products; and
(ii) Amendment #1 to Software License Agreement made effective January 19, 2010 and Amendment #1 to Software
Maintenance Agreement made effective January 19, 2010 for the TripSpark PASS IVR Confirm/Cancel, Call
Backs Software; and
(iii) Software License and Maintenance Agreement made effective September 19, 2006 for the TripSpark PASS-
CERT and MapMaker Software products; and
(iv) System Supply and Support Agreement made effective October 8, 2007 (“System Supply and Support
Agreement”) for the TripSpark PASS MON and PASS MDC Software products; and
(v) Contract Amendment #1 to System Supply and Support Agreement made effective March 31, 2008 to decrease
number of MDC hardware units, by five (5).
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
Page 2 of 13 2015
(vi) Any and all work orders entered into betweent he parties for services relalted to the Software identified in Exhibit
A.
Signed for and on behalf of
Trapeze Software Group, Inc Signed for and on behalf of Augusta, Georgia:
By: By:
Print Name: Print Name: Hardie Davis, Jr.:
Title: Mayor
Date: Date:
Attest: __________________________________________
Print Name: Lena Bonner, Clerk of Commission
Date: ___________________________________________
[AGREEMENT CONTINUES ON SUCCEEDING PAGES]
NOW THEREFORE, the parties agree as follows:
1. Definitions In this Agreement the capitalized words set out below will have the following meanings:
“Agreement” this Software License and Maintenance Agreement effectively made between TripSpark and
Licensee, and the attached exhibits, all of which form an integral part of this Agreement;
“Confidential Information” all information obtained by the parties from each other under this Agreement, but does not
include any information which at the time of disclosure is generally known by the public.
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
Page 3 of 13 2015
“Documentation” the user documentation and training materials pertaining to the Software as supplied by
TripSpark;
“Software” the certain software as identified in Exhibit A of this Agreement;
“Statement of Work” the specifications for the Software and Services to be provided by TripSpark and the
Licensee, attached hereto as Exhibit C.
“Trade Secrets” the Software, Documentation, and other related information (including all modifications of
the Software developed for Licensee) disclosed to Licensee under this Agreement, including
trade secrets and other confidential and proprietary information of TripSpark;
“Upgrades” generic enhancements to the Software that TripSpark generally makes available as part of its
long term software support program.
2. Software License In consideration of payments to be made by Licensee to TripSpark as set out below, TripSpark
agrees as follows:
(a) TripSpark hereby grants to Licensee a personal, non-transferable, non-exclusive license to use a production copy
of the object code version of the Software in the form supplied by TripSpark and on hardware approved by
TripSpark as of the License Date referred to in Exhibit A, restricted to the places of business of the Licensee, for
the Licensee’s own operations, in accordance with the operational characteristics described in Exhibit A.
(b) TripSpark hereby grants to Licensee a personal, non-transferable, non-exclusive license to use the Documentation,
but only a required to exercise the license granted herein.
(c) Licensee may make one back-up copy of the Software for use in the test environment and one copy of the Software
for use in a development environment. Licensee may use the production copy of the Software solely to process
Licensee’s own data, and the Software may not be used on a service bureau or similar basis to process data of
others.
(d) The license to use the TripSpark Transit Database is granted to Licensee solely for the development of internal
reports by Licensee and for the integrated operation of TripSpark software components. Unless expressly included
herein, all other access rights to the TripSpark Transit Database are excluded from this Agreement, and the Licensee
shall not develop or use, or authorize the development or use of, any other interfaces to or from the TripSpark
Transit Database.
(e) Other than the rights of use expressly conferred upon Licensee by this paragraph, Licensee shall have no further
rights to use the Software or the Documentation, and shall not copy, reproduce, modify, adapt, reverse engineer,
disassemble or translate them, without the express written authority of TripSpark.
3. Software Services In accordance with the terms of Exhibit B, TripSpark will perform services related to
Licensee’s use of the Software (the “Services”). Such services may include installation, modification, testing, training and
additional services.
4. Software Acceptance Upon completing the delivery, installation, and testing of the individual Software, TripSpark
will notify Licensee in writing. Licensee will then have twenty (20) business days in which to conduct acceptance tests in order
to ensure that the individual Software application operates in all material respects as specified in the Documentation. At the end
of this period, Licensee will be deemed to accept the Software unless TripSpark receives prior written notice outlining the nature
of the perceived defects in the Software. Notwithstanding the above, Licensee will be deemed to accept the Software on the
earlier of operational and functional use of the individual Software component in production. The Software will be deemed to
be in operational and functional use when the Licensee first uses the Software to support its then current operations in any
capacity. Upon the deemed acceptance of the Software in accordance with this paragraph, Licensee will provide TripSpark with
a written acknowledgement to confirm such acceptance.
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
Page 4 of 13 2015
5. Software Warranty TripSpark warrants that it holds title to all Software licensed and delivered pursuant to this
Agreement. TripSpark further warrants that it has full power and authority to grant to the Licensee the rights set forth in this
Agreement and that neither the performance of the services by TripSpark nor the use by the Licensee of the Software, or any
portion thereof, will in any manner constitute an infringement or other violation of any ownership, claim, copyright, trade secret,
trademark, patent, invention, proprietary information, nondisclosure, or other rights of any third party. No warranty is provided
by TripSpark with respect to any third party licensed products. Separate warranties may be available from the developer,
distributor, or publisher of the licensed products.
The foregoing warranty is in lieu of all other warranties or conditions express or implied, including but not limited to any
implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and any other
warranties arising by statute or otherwise in law or from the course of dealing or usage of trade. TripSpark does not
represent or warrant that this Software will meet all of Licensee’s particular requirements, or that the operation of the
Software will operate 100% error-free or uninterrupted, or that all program errors in the Software can be found in order
to be corrected.
6. Software Maintenance During any warranty period and for any annual support period for which maintenance fees
have been paid in full by Licensee:
(a) TripSpark will maintain the Software so that it operates in conformity in all material respects with the
descriptions and specifications for the Software set forth in the Documentation;
(b) in the event that Licensee detects any errors or defects in the Software, TripSpark will provide reasonable
support services through a telephone software support line from Monday to Friday, 8 am to 5 pm EST (Except
North American holidays) and access to a twenty-four hour emergency phone line. Upon registration by
Licensee, TripSpark will also provide Licensee with access to its software support website, and;
(c) TripSpark will post notices of available Upgrades of the Software on its website and copies of the release notes
for download. TripSpark will provide Licensee with Upgrades of the Software at no additional license fee
charge.
7. Payment Upon execution of this Agreement, Licensee will issue a Purchase Order to TripSpark, for the
Software license fees, service fees, and related expenses as set out in Exhibit B, attached hereto. TripSpark will invoice Licensee
for the Software license fees and services fees as set out in and according to Exhibit B. TripSpark will invoice Licensee monthly
for the Services provided, in accordance with Exhibit B. The total amounts due for all service fees, modifications fees, and
expenses are firm fixed amounts and will be invoiced on that basis. The Purchase Order shall be governed exclusively by the
terms and conditions of this Agreement.
Commencing upon completion of the warranty period for each Software application, Licensee shall pay annual maintenance fees
to TripSpark as provided in Exhibit B (the “Maintenance Fee”), attached hereto. This fee shall be subject to change as set out in
Exhibit B. Licensee shall issue a Purchase Order annually specifying the amount set forth in the TripSpark invoice for
maintenance services, and the Purchase Order shall be governed by the terms and conditions of this Agreement.
Licensee shall pay invoices within thirty (30) days of receipt. In the event of an invoice dispute, Licensee shall have ten (10)
business days from date of receipt of invoice to advise TripSpark of the reasons for disputing the invoice in question. If TripSpark
has not received such notification within such time frame, the invoice in question shall be deemed accepted by Licensee.
Overdue undisputed payments will not bear interest. Licensee will also be responsible for payment of all applicable taxes and
other levies, including sales and use taxes, and this obligation will survive termination of this Agreement. If Licensee has a tax
exemption certificate, a copy of the certificate must be provided to TripSpark upon signing of this Agreement to avoid payment
of the applicable tax to TripSpark.
8. Trade Secrets and Confidential Information Licensee acknowledges that any Trade Secrets or Confidential
Information disclosed to Licensee pursuant to this Agreement are owned by TripSpark and include trade secrets and other
confidential and proprietary information of TripSpark. Licensee shall maintain in confidence and not disclose the same, directly
or indirectly, to any third party without TripSpark’s prior written consent. Licensee further acknowledges that a breach of this
Section would cause irreparable harm to TripSpark for which money damages would be inadequate and would entitle TripSpark
to injunctive relief and to such other remedies as may be provided by law.
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
Page 5 of 13 2015
9. Media and Publication Upon reasonable notice and consultation with the Licensee, Trapeze shall be entitled to publish press
releases and other general marketing information related to this Agreement and the work done hereunder. Except for the
foregoing, and subject to the requirements of the law, neither party will communicate with representatives of the general or
technical press, radio, television, or other communication media regarding the work performed under this Agreement without the
prior written consent of the other party.
10. Force Majeure Neither party to this Agreement shall be liable to the other party hereto for loss or damage arising out
of any delay or failure by such party in performing its obligations hereunder, except the making of payments due hereunder, if
such delay or failure was the unavoidable consequence of a natural disaster, exercise of governmental power, strike or other labor
disturbance, war, revolution, embargo, insurrection, operation of military forces, or other event or condition beyond the control
of such party, provided that such party notifies the other party of its inability to perform and the reasons therefor, with reasonable
promptness, and performs its obligations hereunder as soon as circumstances permit.
11. Remote Access Upon request, Licensee shall provide TripSpark with the right to establish a remote connection to
Licensee’s computer(s) on which the Software is installed, so as to enable TripSpark to monitor the operation of the Software.
Access is subject to the conditions of the Augusta, Georgia Vendor Access Agreement, attached as Exhibit E, and shall be
granted only if TripSpark has signed said Agreement.
12. Intellectual Property Indemnification In the event of an intellectual property infringement claim by a third party,
TripSpark will defend Licensee in respect of any such claims based on the claim that the Software infringes the intellectual
property rights of that third party. TripSpark will pay any award rendered against Licensee by a court of competent jurisdiction
in such action, provided that Licensee gives TripSpark prompt notice of the claim and TripSpark is permitted to have full and
exclusive control of any defense. If all or any part of the Software becomes, or in TripSpark’s opinion is likely to become, the
subject of such a claim, TripSpark may either modify the Software to make it non-infringing or terminate this Agreement as it
relates to the infringing portion of the Software. This is TripSpark’s entire liability concerning intellectual property infringement.
TripSpark will not be liable for any infringement or claim based upon any modification of the Software developed by Licensee
or any other third party, or use of the Software in combination with software or other technology not supplied or approved in
advance by TripSpark, or use of the Software contrary to this Agreement or the Documentation.
13. Limitation of Liability
(a) TripSpark and Licensee do not rely on and will have no remedy arising from any statement, representation, warranty or
understanding (whether negligently or innocently made) of any person (whether party to this Agreement or not) other than
as expressly set out in this Agreement. The only remedy available to Licensee for breach of warranty is for breach of
contract under the terms of this Agreement. This does not preclude a claim for fraud.
(b) TripSpark does not guarantee the privacy, security, authenticity or non-corruption of any information transmitted through
the internet or any information stored in any system connected to the internet. TripSpark shall not be responsible for any
claims, damages, costs or losses whatsoever arising out of or in any way related to Licensee’s connection to or use of the
internet.
(c) TripSpark will not be liable to Licensee or any third party for any claims, expenses, damages, costs or losses whatsoever
arising out of or in any way related to:
(d) Licensee’s use of map or geographical data, owned by Licensee or any third party, in conjunction with the Software or
otherwise; or
(e) Licensee’s use of the Software insofar as such Software may be used to store, transmit, display, disclose or otherwise use
data or information which is considered private, confidential, proprietary or otherwise exempt from public disclosure under
applicable law.
(f) TripSpark’s liability and responsibility for any claims, damages, costs or losses whatsoever arising either jointly or solely
from or in connection with this Agreement or the use of the Software (whether or not in the manner permitted by this
Agreement) including claims for breach of contract, tort, misrepresentation, or otherwise, or the development, modification
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
Page 6 of 13 2015
or maintenance of the Software will be absolutely limited to the amount of the licensee fees paid for the Software product
that is the subject of a claim.
(g) TripSpark will not be liable to the Licensee or any third party for losses or damages suffered by Licensee or any third
party which fall within the following categories:
i) incidental or consequential damages, whether foreseeable or not;
ii) special damages even if TripSpark was aware of circumstances in which special damages could arise;
iii) loss of profits, anticipated savings, business opportunity, goodwill, or loss of information of any kind.
(h) Paragraph (f) does not apply to claims arising out of death or personal injury caused by either party’s gross negligence,
willful misconduct or fraudulent misrepresentation.
14. Termination The license granted by this Agreement is effective until terminated.
(a) Either party may terminate this Agreement if the other party is in material breach of any term or condition of this
Agreement, and fails to cure such default within thirty (30) days after receipt of written notice of such default. Without limitation,
the following are deemed material breaches under this Agreement: (i) Licensee fails to pay any amount when due hereunder; (ii)
Licensee becomes insolvent or any proceedings will be commenced by or against Licensee under any bankruptcy, insolvency or
similar laws.
(b) If Licensee develops software that is competitive with the Software, or Licensee is acquired by or acquires an interest
in a competitor of TripSpark, TripSpark shall have the right to terminate this Agreement immediately.
(c) Either party may terminate for convenience with ninety (90) days written notice.
(d) In the event Licensee terminates this Agreement for any reason, Licensee shall pay TripSpark for all license fees and
service fees then due, and all costs incurred up to and including the date of termination.
(e) If this Agreement is terminated, Licensee will immediately return to TripSpark all copies of the Software, the
Documentation and other materials provided to Licensee pursuant to this Agreement and will certify in writing to TripSpark that
all copies or partial copies of the Software, the Documentation and such other materials have been returned to TripSpark or
destroyed.
15. Assignment This Agreement, or any of the rights or obligations of TripSpark created herein, may be assigned by
TripSpark with Licensee’s written consent, which consent shall not be unreasonably withheld, but this Agreement is for the sole
benefit of Licensee and may not be assigned by Licensee without the express written consent of TripSpark. Notwithstanding
anything to the contrary under this Section 15, in the event of an assignment or novation of this final Agreement to a TripSpark
affiliate pursuant to a corporate reorganization, TripSpark shall not require Licensee’s consent.
16. Applicable Law and Venues The laws of the State of Georgia shall govern the agreement between Licensee and
TripSpark with regard to its interpretation and performance, and any other claims related to this Agreement. All claims, disputes
and other matters in question between Licensee and TripSpark arising out of or relating to the Agreement, or the breach thereof,
shall be decided in the Superior Court of Richmond County, Georgia.
17. Survival The parties hereto agree that any provisions of this Agreement requiring performance or fulfilment
by either party after the termination of this Agreement shall survive such termination.
18. Severability If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then both
parties shall be relieved of all obligations arising under such provision, but only to the extent that such provision is illegal,
unenforceable or void and does not relate to the payments to be made to TripSpark. If the remainder of this Agreement, as the
case may be, shall not be affected by such declaration or finding and is capable of substantial performance, then each provision
not so affected shall be enforced to the extent permitted by law.
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
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19. Notices All notices hereunder shall be in writing and shall be duly given if delivered personally or sent by registered
or certified mail, return receipt requested, postage prepaid, to the respective addresses of the parties appearing on page one of
this Agreement. Any notice given shall be deemed to have been received on the date, which it is delivered if delivered personally,
or, if mailed, on the fifth business day next following the mailing thereof. Either party may change its address for notices by
giving notice of such change as required in this section.
20. Audits TripSpark may perform audit(s) on the use of the Software and Documentation upon giving Licensee written
notice of at least five (5) business days. Licensee agrees to make the necessary operational records, databases, equipment,
employees and facilities available to TripSpark for the audit(s). The purpose of the audit will be to verify compliance with the
terms and conditions of this Agreement.
21. Insurance Requirements
TripSpark shall provide, at all times that this Agreement is in effect, insurance with limits of not less than:
A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia.
B. General Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars for injuries, including those
resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any
one occurrence.
C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of
an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars.
D. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that
correlates to the aggregate fee on the project should it exceed $1,000,000.
Licensee will be named as an additional insured with respect to TripSpark’s liabilities hereunder in insurance coverage’s
identified in items B and C.
22. Temporary Stoppage of Work To the extent that it does not alter the scope of this Agreement, Licensee may
unilaterally order a temporary stopping of the work or delaying of the work to be performed by TripSpark under this Agreement
Such stoppage or delay may cause Licensee to be subject ot payment of additional fees to TripSpark.
23. Prohibition on Contingent Fees TripSpark can confirm that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by TripSpark
for the purpose of securing business. For breach or violation of this warranty, Licensee shall have the right seek available legal
remedies
24. Prompt Payment Act The terms of this Agreement supersede any and all provisions of the Georgia Prompt
Payment Act.
25. Right to Inspect Licensee may, at reasonable times and with reasonable access, inspect the part of the plant, place of
business, or work site of TripSpark or any subcontractor of TripSpark or subunit thereof which is pertinent to the performance
of any contract awarded or to be awarded by Licensee.
28. Local Small Business Reporting In accordance with Chapter 10B of the AUGUSTA, GA. CODE and to the extent
commercially viable to TripSpark to utilize a local small business TripSpark expressly agrees to collect and maintain all records
necessary to for Licensee to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records
available to Licensee. 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 and identified specifically under this Agreement, the contractor is required to provide local small
business utilization reports. TripSpark shall report to Licensee 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
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
Page 8 of 13 2015
at such times as required by Licensee. Failure to provide such reports within the time period specified by Licensee shall entitle
Licensee to exercise any available legal remedies.
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
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EXHIBIT A
Item
Software
Product
Description
License Date
1. TripSpark PASS Paratransit
Scheduling and
Dispatch
Effective date of this
Agreement
2. TripSpark PASS SUS Suspension
Management
Effective date of this
Agreement
3. TripSpark PASS IVR
Confirm/Cancel,
CallBacks
Call-In and Call-
out for Confirming
and Cancelling
Upcoming Trips
Effective date of this
Agreement
4. TripSpark PASS-
CERT
Certifications
Management
Effective date of this
Agreement
5. TripSpark MapMaker GIS Mapping Effective date of this
Agreement
6. TripSpark PASS MON Interface between
vehicle and back
office
Effective date of this
Agreement
7. TripSpark PASS MDC In Vehicle
application
Effective date of this
Agreement
8. TripSpark Transit
Database
Base Effective date of this
Agreement
Notes:
1. Licenses are provided for Licensee’s operations of up to three hundred and ninenty nine (399) booked trips per day with
five (5) workstations for TripSpark PASS, PASS SUS and MapMaker Software products, up to one hundred and seventy
three (173) booked trips per day for TripSpark PASS IVR Confirm/Cancel, CallBacks Software products, up to five thousand
(5,000) registered clients for TripSpark PASS-CERT Software, and up to ten (10) paratransit vehicles for TripSpark PASS
MON and PASS MDC Software products.
2. Third Party Runtime licenses, if required to operate the TripSpark Software, are not included.
3. Proposed software solution is designed for the Windows operating environments, with an ODBC database
infrastructure (the Transit Database) designed by and proprietary to TripSpark, as applicable.
4. Except as may be specifically required in the Agreement, the Licensee is responsible for purchasing hardware and any
other pre-requisite products.
5. Any software applications may be operated on any of the licensed workstations within a configuration approved by
TripSpark. Licenses for additional local or remote workstations may be purchased at the then current rates.
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
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EXHIBIT B
Maintenance Support Fees
Item
Software
Coverage Period
Maintenance
Fee
1. TripSpark PASS January 1, 2016 to
December 31, 2016
$13,600.00
2. TripSpark PASS SUS January 1, 2016 to
December 31, 2016
$2,400.00
3. TripSpark PASS IVR
Confirm/Cancel,
CallBacks
January 1, 2016 to
December 31, 2016
$12,000.00
4. TripSpark PASS-
CERT
January 1, 2016 to
December 31, 2016
$4,220.00
5. TripSpark PASS MON January 1, 2016 to
December 31, 2016
$4,725.00
6. TripSpark PASS MDC January 1, 2016 to
December 31, 2016
$750.00
Note:
The above identified Software maintenance fees correspond to the time frame of January 1, 2016 to
December 31, 2016, only. For all subsequent maintenance support annaul renewals, Software
maintenance fees shall be subject to TripSpark’s then current pricing.
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
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EXHIBIT C
As applicable
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
Page 12 of 13 2015
Exhibit D: Vendor Remote Network Access Policy and Procedures
Purpose
The purpose of this policy is to ensure that a secure method of connectivity is provided between Augusta and the vendor and to
provide guidelines for the use of the network and computing resources associated with the remote connectivity in order to ensure
the safety, integrity, and operability of Augusta Information Systems.
Scope
This policy applies to all Augusta systems, application and/or servers/devices requiring support by external vendors on behalf of
Augusta.
Definitions
A Virtual Private Network (VPN) provides a secure network connection over the Internet between an individual and a private
network (164 bit encryption). By utilizing the public Internet for data transport, VPN provides a low cost solution to remote
access or connectivity.
Policy
A. Vendor Remote Access Request and Approvals
All requests for remote access for vendors must be made in advance through the Project Leader responsible for the vendor.
It is the Project Leader’s responsibility to ensure that the vendor has provided all of the required information in the proper
format.
All vendor remote access requests must first have the Assistant Director of the Business Application Services signature for
approval as well as the Director of Information Technology.
As part of the request and approval process, the technical and administrative contact within the vendor’s organization or
someone at a higher level within the company will be required to read and sign the VPN Access policy form and any
additional documents, such as the Augusta Non-Disclosure Agreement.
Once Vendor Remote Access has been approved, it is valid until changes in this policy or technology make it necessary, in
Augusta’s estimation, to require a new form to be filed.
Remote Access will only be available to Vendors that have signed Annual Support and Maintenance Contracts with Augusta.
B. Connectivity
1. The vendor will be required to use Augusta’s standard method for connecting to the network. The current standard
method is Cisco’s VPN client.
2. The vendor will be given a unique user ID and password to authenticate the VPN access. The password may be subject
to regular changes.
3. Only one person may be connected to the VPN at any given time.
4. Access will be restricted to only the servers located in IT that were approved for the vendor.
5. Access will be restricted to only the ports necessary for connectivity.
6. Access will not be open 24/7. The vendor must request access every time it is necessary and only during business hours
of 8:30am – 5:00pm EST. Access outside of these hours may be requested but will need additional approval and will
be handled on a case by case situation.
C. Vendor Request Process
1. The vendor will contact the Project Leader to request access.
2. The Project Leader is responsible for logging the request for access and justification in the change control log.
3. The Project Leader will document reason for access and email Firewall Administrators to have the VPN opened.
4. A firewall administrator will open the VPN and notify the Project Leader via email that it has been opened.
5. Once the vendor has completed their work and the application has been tested, they will notify the Project Leader that
the work is complete.
D. Network Security
1. Vendor will allow only the vendor’s employees approved in advance by Augusta to access the network connection.
Vendor shall be solely responsible for ensuring that Authorized Vendor Employees are not security risks, and upon
AUGUSTA, GEORGIA SWLMA Trapeze Confidential
Page 13 of 13 2015
Augusta’s request, Vendor will provide Augusta with any information reasonably necessary for Augusta to evaluate
security issues relating to any Authorized Vendor Employee.
2. Vendor will promptly notify Augusta whenever any Authorized Vendor Employee leaves the Vendor’s employ or no
longer requires access to the Network Connection.
3. Each party will be solely responsible for the selection, implementation and maintenance of security procedures and
policies that are sufficient to ensure that (a) such party’s use of the Network Connection is secure and is used only for
authorized purposes, and (b) such party’s business records and data are protected against improper access, use, loss,
alteration or destruction.
4. Vendor shall notify Augusta in writing promptly upon a change in the user base for the work performed over the Network
Connection or whenever in vendor’s opinion a change in the connection and/or functional requirements of the Network
Connection is necessary.
E. Protection of Augusta Private Information and Resources
The Augusta network support group responsible for the installation and configuration of a specific vendor connection must
ensure that all possible measures have been taken to protect the integrity and privacy of Augusta confidential information.
At no time should Augusta rely on access/authorization control mechanisms at the vendor’s site to protect or prohibit access
to Augusta confidential information.
Augusta shall not have any responsibility for ensuring the protection of vendor information. The vendor shall be entirely
responsible for providing the appropriate security measures to ensure protection of their private internal network and
information.
F. Audit and Review of Vendor Network Connections
All aspects of the vendor network connections up to, but not including Augusta firewall, will be monitored by the appropriate
IT staff. Where possible automated tools will be used to audit tasks. Monthly reports should be generated on the
authentication database showing the specific login entries.
All vendor network connections will be reviewed on a quarterly basis and information regarding specific vendor network
connection will be updated as necessary. Obsolete vendor network connections will be terminated following confirmation
with the Project Leader that the connection is indeed obsolete.
G. Augusta IT Security
Augusta IT Security has the responsibility for maintaining related policies and standards. IT Security will also provide
advice and assistance regarding judgment calls, and will facilitate information gathering in order to make a correct decision.
H. Enforcement
Any vendor found in violation of this policy will be subject to, but not limited to, loss of VPN privileges and other action up
to and including dissolution of contract and/or legal action if Augusta systems are compromised.
I. Delays by Augusta
Vendor won’t be held responsible for delays addressing an issue that are the result of delays from Augusta personnel or
processes granting permission and the required access needed to investigate or fix the issue. Access to Augusta’s systems
are required for multiple reasons and delays in providing access will result in additional delays by Vendor diagnosing and
addressing issues.
Vendor Signature
SIGNATURE Date
Augusta, Georgia Amendment #1 Trapeze Confidential
Page 1 of 32
SOFTWARE LICENSE AND MAINTENANCE AGREEMENT
AMENDMENT #1
THIS AMENDMENT is made effective this _____ day of __________ 2016 between:
1. TRAPEZE SOFTWARE GROUP, INC. d.b.a. TripSpark Technologies with its place of business
at 5265 Rockwell Dr NE, Cedar Rapids, IA 52402 (“Trapeze” or “TripSpark”); and
2. AUGUSTA, GEORGIA, a political subdivision of the State of Georgia with its principal place of
business at 535 Telfair Street, Bldg., 2000 Augusta, Georgia 30901 (“Licensee”).
WHEREAS TripSpark and Licensee intend to amend the Software License and Maintenance Agreement
made effective ____________________ (the “Agreement") in order to add eight (8) TripSpark Ranger 4
(Paratransit) hardware units. twenty one (21) TripSpark Ranger 4 (Fixed Route) hardware units, twenty one
(21) T-Box Annunciator hardware units (“TripSpark Equipment”), twenty nine (29) third party hardware
mounts, forty two (42) (one for each bus door) third party APC sensors, twenty one (21) third party in
vehicle variable message signs (“Third Party Hardware”), TripSpark Mobile (Paratransit), TripSpark XGate
(Paratransit), TripSpark XMobile Manager, TripSpark Fast NAV (Paratransit), TripSpark XGate Server
License, TripSpark XMobile Manager Server License, TripSpark Streets CAD/AVL, TripSpark Mobility
(Fixed Route), TripSpark XGate (Fixed Route), TripSpark XMobile Manager (Fixed Route), TripSpark
Headsign Integration, TripSpark MyRide, TripSpark T-Box Annunciator, and TripSpark GFI Integration
Software products under the scope of the Agreement.
NOW THEREFORE TripSpark and Licensee agree as follows:
1. Amendment to the Agreement
(a) The parties agree to the addition of TripSpark Mobile (Paratransit), TripSpark XGate (Paratransit),
TripSpark XMobile Manager, TripSpark Fast NAV (Paratransit), TripSpark XGate Server License,
TripSpark XMobile Manager Server License, TripSpark Streets CAD/AVL, TripSpark Mobility
(Fixed Route), TripSpark XGate (Fixed Route), TripSpark XMobile Manager (Fixed Route),
TripSpark Headsign Integration, TripSpark MyRide, TripSpark T-Box Annunciator, and TripSpark
GFI Integration Software products to the scope of the Agreement. Exhibit A-1, attached hereto, is
therefore added to and incorporated within the terms of the original Exhibit A of the Agreement.
(b) The parties agree to add TripSpark Equipment units and Third Party Hardware units to the scope of the
Agreement, as identified in Exhibit D-1, attached hereto.
(c) The parties agree that the TripSpark Equipment fees, Third Party Hardware fees, TripSpark Mobile
(Paratransit), TripSpark XGate (Paratransit), TripSpark XMobile Manager, TripSpark Fast NAV
(Paratransit), TripSpark XGate Server License, TripSpark XMobile Manager Server License,
TripSpark Streets CAD/AVL, TripSpark Mobility (Fixed Route), TripSpark XGate (Fixed Route),
TripSpark XMobile Manager (Fixed Route), TripSpark Headsign Integration, TripSpark MyRide,
TripSpark T-Box Annunciator, and TripSpark GFI Integration Software products’ license fees,
services’ fees, shipping fees, and extended warranty fees for TripSpark Equipment shall be due and
payable in accordance with Exhibit B-1, attached hereto.
(d) The parties agree the definition of “Documentation” shall be expanded to include TripSpark
Equipment.
(e) The parties agree the implementation services will be executed by TripSpark pursuant to the
Statement of Work, attached hereto as Exhibit C-1.
Augusta, Georgia Amendment #1 Trapeze Confidential
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(f) The parties acknowledge and agree, the TripSpark Equipment may include, but not be limited to,
software licensed to TripSpark by:
(i) Microsoft® Corporation. (software applicable to the use of the Windows CE base operating
system on the Ranger);
(ii) HERE MAP, territory-specific geographic/map data consisting of data for the North America
Territory;
(iii) Telogis, Inc. (Geobase™ mapping technology software);
(iv) Yellowfin International Pty Ltd. (“Yellowfin”);
(v) Nuance/Loquendo S.p.A., (Text to Speech Software).
(g) The terms and restrictions of TripSpark’s software license grants will apply to the use of the third
party software identified above and the licensors of such software are third party beneficiaries of the
rights granted under those terms. If required, TripSpark shall enter into a separate end-user-license
agreement depending on the product(s) procured. TripSpark may only transfer any embedded
software product with the TripSpark Equipment in accordance with the terms and conditions of this
Agreement.
(h) The following provisions shall replace Section 4 (“Software Acceptance”) of the Agreement, in its
entirety and shall govern acceptance of TripSpark Equipment, Third Party Hardware, TripSpark
Mobile (Paratransit), TripSpark XGate (Paratransit), TripSpark XMobile Manager, TripSpark Fast
NAV (Paratransit), TripSpark XGate Server License, TripSpark XMobile Manager Server License,
TripSpark Streets CAD/AVL, TripSpark Mobility (Fixed Route), TripSpark XGate (Fixed Route),
TripSpark XMobile Manager (Fixed Route), TripSpark Headsign Integration, TripSpark MyRide,
TripSpark T-Box Annunciator, and TripSpark GFI Integration Software products (“System
Acceptance”):
Upon completing the delivery, installation, and testing of the TripSpark Software and TripSpark
Equipment (collectively “the System”) on the individual pilot fleet of five (5) fixed route vehicles and
five (5) paratransit vehicles as further described under the Statement of Work, attached hereto as
Exhibit C-1, TripSpark will notify Licensee in writing TripSpark will notify Licensee in writing.
Licensee will then have twenty (20) business days in which to conduct acceptance tests in order to
ensure that the System operates in all material respects as specified in the Documentation. At the end
of this period, Licensee will be deemed to accept the System unless TripSpark receives prior written
notice of defects in the System. Notwithstanding the above, Licensee will be deemed to accept the
System when the Licensee puts any part of the System into operational and functional use. The
Software will be deemed to be in operational and functional use when the Licensee first uses any part
of the System to support its then current operations in any capacity. Upon the deemed acceptance of
the System in accordance with this paragraph, Licensee will provide TripSpark with a written
acknowledgement to confirm such acceptance.
(i) The parties agree the following provisions shall be added to Section 5 of the Agreement, the following
provisions shall govern warranty for the TripSpark Equipment units only:
TripSpark agrees to repair or replace at its discretion, without charge, any such TripSpark Equipment,
which are defective as to design, workmanship or material, and which is returned to TripSpark at its
factory, transportation prepaid, provided: (i) notice of the claimed defect is given to TripSpark within
ninety (90) calendar days from date of installation of the individual TripSpark Equipment, and the
TripSpark Equipment is returned in accordance with TripSpark’s instructions; (ii) such TripSpark
Equipment shall not be deemed to be defective if, due to exposure to any condition in excess of those
published in the product specification, it shall fail to operate in a normal manner; (iii) TripSpark’s
obligations with respect to such TripSpark Equipment are conditioned upon the proper installation and
operation of such TripSpark Equipment by Licensee in accordance with TripSpark’s written
directions; and (iv) the warranty stated in this section shall be void if such TripSpark Equipment is
Augusta, Georgia Amendment #1 Trapeze Confidential
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altered or repair is attempted or made by other than TripSpark or TripSpark’s authorized service
center. No warranty is provided by TripSpark with respect to the TripSpark Software or any third
party licensed, hardware, including Third Party Hardware products. Separate warranties may be
available from the third party developer, distributor or publisher. Licensee agrees to pay for all
service expenses not covered by this warranty at TripSpark’s then current standard service rates.
For clarity the remaining provisions of Section 5 (“Warranty”) remain unchanged.
(j) The parties agree the following provisions shall be added to the scope of the Agreement, and shall
govern TripSpark Equipment maintenance support during warranty and extended warranty periods:
For the purposes of this Amendment #1 the following definitions apply:
“Rogue Unit”: TripSpark Equipment that exhibits a recurring problem subject to the following: (i) the
undesired symptom reported is the same for three (3) sequential removals, and (ii) the undesired
interval is seven (7) operating days or less;
“Turnaround Time”: Commences on the date of receipt by TripSpark’s Service Center, and continues
to the date of shipment back to Licensee:
No Fault Found ("NFF") / No Trouble Found ("NTF"): TripSpark Equipment which requires no
repair, replacement or adjustment by TripSpark in order to return it to a serviceable level in
accordance with subsection (iv) below;
Commencing upon the delivery of TripSpark Equipment and continuing for the duration of initial
warranty period as described in Section (i) hereunder, and subject to purchase of extended warranty
by Licensee as outlined in Exhibit B-1, attached hereto, TripSpark agrees to provide the following
maintenance and support services:
(i) TripSpark will maintain the TripSpark Equipment so that it operates in conformity, in all
material respects, with the descriptions and specifications for the TripSpark Equipment set
out in the Documentation at the time of this Amendment #1;
(ii) TripSpark shall send Licensee mailings regarding any available Updates and Upgrades of the
TripSpark Equipment;
(iii) TripSpark shall provide phone support to Licensee’s authorized callers to assist with
troubleshooting of installation, configuration, and operational problems of covered TripSpark
Equipment;
(iv) Licensee shall send all TripSpark Equipment covered by this Amendment #1 directly to the
designated TripSpark Service Center outlined in the Return Materials Authorization ("RMA")
Request Process, Exhibit E-1, attached hereto. Upon repair, TripSpark shall return the
TripSpark Equipment to Licensee’s designated receiving facility, or other locations as
designated by Licensee’s applicable Return Order. Cost of shipping to the designated
TripSpark Service Center shall be borne by Licensee. Cost of shipping the repaired TripSpark
Equipment to the Licensee’s facilities shall be borne by TripSpark unless the TripSpark
Equipment is deemed NFF / NTF. TripSpark Equipment returned for repair under this
Amendment #1 and subsequently determined by TripSpark to be NTF or NFF or upon
warranty or extended warranty expiry is subject to the Time and Material pricing contained in
Summary of Pricing. TripSpark reserves the right to substitute functionally equivalent parts
for those parts returned to TripSpark for repair. TripSpark will use commercially reasonable
efforts to obtain equally functional equivalent parts. Notwithstanding anything to the contrary
herein, should equally functional equivalent parts not be available, Licensee acknowledges
and agrees that TripSpark will have no further obligation to support the TripSpark Equipment
and Licensee shall be obligated to pay to TripSpark bench fees at the then current TripSpark
pricing. The bench fee amount applies to the services performed by TripSpark for testing and
assessment of TripSpark Equipment issues whether or not TripSpark Equipment parts are
available as described hereunder and whether or not Licensee chooses to replace parts as
advised by TripSpark.
Augusta, Georgia Amendment #1 Trapeze Confidential
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(v) TripSpark will make commercially reasonable efforts to meet a Turnaround Time of thirty
(30) calendar days for TripSpark Equipment listed in Exhibit C-1, attached hereto, which is
returned to TripSpark in accordance with Exhibit E-1, attached hereto;
(vi) TripSpark shall apply special testing and repair to any Rogue Unit at no additional charge to
Licensee. Any special testing and repair shall not be subject to the Turnaround Time
specified in subsection (v) above; and
(vii) TripSpark may issue Service Notifications indicating recommended or mandatory changes to
the TripSpark Equipment and Software covered under this Amendment #1.
(viii) Prior to delivery to TripSpark of TripSpark Equipment to be repaired, Licensee shall provide
TripSpark with a return order, which shall include the following information:
(1) Date of performance anomaly;
(2) Vehicle Number;
(3) Detailed system description of performance anomaly;
(4) Type number, part number, and serial number of the TripSpark Equipment;
(5) Licensee Return / Repair Order Number; and,
(6) Ship To address and Contact Name for return of TripSpark Equipment to Licensee;
(k) The parties agree the following provisions shall be added to the scope of the Agreement:
The parties agree that the maintenance services shall not apply to include maintenance of Third Party
Equipment, and TripSpark shall be under no obligation to provide any maintenance services to the
Licensee with respect to any all third party products, including but not limited to third party software.
The parties further agree that the above maintenance services shall not include services which may be
required to identify or correct errors, defects or performance issues in the TripSpark Software or the
TripSpark Equipment which are caused by the actions or omissions of the Licensee, its employees,
contractors or vehicle riders.
In the event that TripSpark Equipment and Software is subjected to any of the conditions below by
Licensee or any third parties, such TripSpark Equipment and Software shall be excluded from
maintenance service coverage.
a. TripSpark Equipment or TripSpark Software subjected to carelessness or negligence;
b. TripSpark Equipment or TripSpark Software subjected to cannibalization or vandalism;
c. TripSpark Equipment or TripSpark Software subjected to alteration or repair in a manner
which conflicts with TripSpark’s written repair procedures, specifications, and license
terms;
d. TripSpark Equipment or TripSpark Software subjected to inadequate packing, storage or
handling;
e. TripSpark Equipment or TripSpark Software subjected to fire, wind, flood, leakage,
collapse, lightning, explosion, or other Acts of God, including but not limited to acts of
war (declared or undeclared), terrorism, or the public enemy; and
f. TripSpark Software altered as a result of third party service bulletins.
TripSpark does not represent or warrant that (a) the TripSpark Equipment or TripSpark Software
shall meet any or all of Licensee’s particular requirements; or (b) the operation of the TripSpark
Equipment or TripSpark Software shall be error-free or uninterrupted.
For clarity all provision of Section 6 of the Agreement (Software Maintenance) remain unchanged.
Augusta, Georgia Amendment #1 Trapeze Confidential
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(l) The Agreement as modified by this Amendment #1 constitutes the sole and entire agreement of the
parties as to the subject matter set forth and supercedes any previous agreements, understandings, and
arrangements between the parties relating to such subject matter.
IN WITNESS WHEREOF, the parties have caused this Amendment #1 to be signed by their duly
authorized representatives as of the date above.
TRAPEZE SOFTWARE GROUP, INC. AUGUSTA, GEORGIA
By: _____________________________ By: _______________________________
Name: Name:
Title: Title: _______________________________
Augusta, Georgia Amendment #1 Trapeze Confidential
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EXHIBIT A-1
Software Licenses
Item TripSpark Software Application Description Configuration License Date
1. TripSpark Mobility
(Paratransit)
Mobile Application for
Paratransit Bus Operators
Mobile Based
Effective date of this
Amendment #1
2. TripSpark XGate
(Paratransit)
Wireless Communication
Module
Mobile Based Effective date of this
Amendment #1
3. TripSpark Xmobile
Manager (XMM)
(Paratransit)
Over the Air Programming
Application
Mobile Based Effective date of this
Amendment #1
4. TripSpark FastNAV
(Paratransit)
Mapping Application Turn by
Turn Directions
Mobile Based Effective date of this
Amendment #1
5. TripSpark XGate
Server License
Wireless Communication
Module
Server Based Effective date of this
Amendment #1
6. TripSpark XMobile
Manager Server
License
Over the Air Programming
Application
Server Based Effective date of this
Amendment #1
7. TripSpark Streets
CAD/AVL
Fixed Route CAD/AVL Back Office Effective date of this
Amendment #1
8. TripSpark Mobility
(Fixed Route)
Mobile Application
for Fixed Route Bus Operators
Mobile Based Effective date of this
Amendment #1
9. TripSpark XGate
(Fixed Route)
Wireless Communication Mobile Based and
Back Office
Effective date of this
Amendment #1
10. TripSpark XMobile
Manager (Fixed
Route)
Over the Air Programming
Application
Mobile Based and
Back Office
Effective date of this
Amendment #1
11. TripSpark Headsign
Integration
Interface to Dynamically
Update Headsign Messages
Mobile Based Effective date of this
Amendment #1
12. TripSpark MyRide MyRide Dynamic Passenger
Information
Back Office Effective date of this
Amendment #1
13. TripSpark T-Box
Annunciator
Onboard Announcements Mobile Based Effective date of this
Amendment #1
14. TripSpark GFI
Integration
Single Point of Log on
Between Ranger and GFI
Mobile Based Effective date of this
Amendment #1
Note:
1. Licenses are provided for Licensee operations for up to eight (8) paratransit vehicles, up to twenty one
(21) fixed route vehicles and two (2) concurrent workstation licenses for Streets.
2. Licenses are provided for Software utilization by Augusta, Georgia.
Augusta, Georgia Amendment #1 Trapeze Confidential
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Exhibit B-1
1 Product Licenses Services Expenses Hardware Installation Discount Total
Ranger 4 Paratransit $22,410 $22,500 $3,000 $20,803 $3,600 ($22,410) $49,903
(TripSpark Equipment, Third Party
Equipment Mounts,
Mobility, XGate, XMobile
Manager, Fast NAV
Software products)
Total - Paratransit $49,903
Payment Schedule (Paratransit):
Milestone 1: 100% of license fees due upon execution of this Amendment #1 ($0 milestone as licenses were discounted 100%)
Milestone 2: 25% of services and expenses due upon delivery of draft Operational Review document
Milestone 3: 25% of services and expenses due upon installation of Software in Licensee’s test environment
Milestone 4: 100 % of TripSpark Equipment and Third Party Hardware costs upon receipt of delivery
Milestone 5: 25% of services and expenses due upon delivery of initial training session
Milestone 6: 25% of services and expenses due upon System Acceptance as defined in this Amendment #1
Item Product Licenses Services Expenses Hardware Installation Discount Total
1 Streets Fixed Route $163,391
Streets CAD/AVL ( Mobility
(Fixed Route), XGate (Fixed
Route), XMobile Manager (Fixed
Route))
$87,675 $72,000 $10,200 $0 $0 ($70,140) $99,735
Ranger 4 Equipment Hardware $0 $0 $0 $48,936 $14,720 $0 $63,656
2 Add Ons $266,240
Dynamic Passenger Information
/ MyRide
$42,798 $15,000 $0 $0 $0 ($34,238) $23,560
Headsign Integration Software
and Third Party Variable
Message Signs
$7,707 $11,250 $0 $4,368 $6,153 ($6,166) $23,312
T-Box Annunciator $5,502 $25,500 $3,500 $64,508 $15,393 ($4,402) $110,001
Third Party Hardware APC
Sensors
$0 $25,500 $3,500 $58,800 $21,567 $0 $109,367
Total - Fixed Route Add Ons $429,631
Augusta, Georgia Amendment #1 Trapeze Confidential
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Exhibit B-1
Payment Schedule (Fixed Route Add Ons):
Milestone 1: 10% of Total due upon execution of this Amendment #1
Milestone 2: 20% of Total due upon delivery of pilot equipment
Milestone 3: 30% of Total due upon delivery of rollout equipment
Milestone 4: 20% of Total due upon completion of rollout installations
Milestone 5: 20% of Total due upon System Acceptance
Note:
1. Pricing expires July 31, 2016.
2. Applicable taxes are not included and will be assessed at time of TripSpark invoicing.
3. For MyRide SMS requires annual contract with monthly service charges and message fees based on the
number of users. Licensee is responsible for providing MyRide server and OS as specified by TripSpark.
4. Automated Passenger Counter configurations are available for additional doors and/or wider door
widths, pricing will vary accordingly.
5. Additional spare in-vehicle equipment should be purchased to support swap-out maintenance. TripSpark
recommends a minimum spare ratio of 5% and one spare Ranger per training kit is required to conduct
driver training.
Long Term TripSpark Software Maintenance Support and Extended Warranty
Fees
Software Maintenance Year 1
TripSpark Mobility, XGate, XMobile Manager, Fast NAV NAV Software
(Paratransit)
TripSpark Streets - CAD/AVL (( Mobility (Fixed Route), XGate (Fixed Route),
XMobile Manager (Fixed Route)) Software
$4,482
$25,419
TripSpark GFI/Headsign Integration Software $1,927
TripSpark T-Box Annunciator Software $5,244
Dynamic Passenger Information / MyRide $10,700
Automatic Passenger Counters $5,880
Note: The above identified annual maintenance fees are first year only, due upon individual System
Acceptance as defined under this Amendment #1, subsection 1 (g). For all future annual renewals,
TripSpark Software maintenance fees shall be subject to TripSpark’s then current pricing.
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Extended Warranty Pricing Year 1 Year 2 Year 3 Year 4 Year 5
Ranger 4 - per unit, per
year $125 $138 $158 $172 $190
T-Box Annunciator $118 $128 $142 $158 $175
Note: The above identified five (5) year extended warranty fees for TripSpark Equipment units shall be
due and payable by Licensee, upon delivery of TripSpark Equipment units to Licensee location.
Additional Years of Extended Warranty Pricing subsequent to Year 5 are subject to extended warranty
program availability and then current TripSpark annual, per unit fee pricing.
Exhibit B-1
Pricing Assumptions
TripSpark will provide:
1 All of the TripSpark Equipment and Third Party Hardware described above.
2 Technical services as specified in the accompanied Statement of Work (SOW) documents in Exhibit C-1
3 Installation of TripSpark Equipment and Third Party Hardware on Licensee vehicles during regular business hours.
4 Driver training will be provided as a “train the trainer” model for up to four (4) driver trainers.
Licensee will be responsible for providing the following:
1 All required servers as per TripSpark’s most current specifications.
2 Space, power, network (LAN/WAN) connectivity, for required servers and workstations.
3 Access to the servers via the internet (i.e. VPN, PCAnywhere) to support remote trouble-shooting/support.
4 Provision/configuration of router/firewall to allow two-way IP based communications with the mobile devices.
5 Public data (and voice, if applicable) network activations and monthly airtime subscriptions for each vehicle.
6 Wi-Fi access points at the garages (if desired).
7 Swap-out maintenance of in-vehicle equipment during and after the warranty period.
8 Data entry/verification including but not limited to stops, routes, schedules, timepoints.
9 Third party interface fees to existing agency equipment (incl. fareboxes, annunciators, onboard signs, etc.)
10 Interfacing with Google’s technical team for GTFS export, including testing and scheduling adjustments required
To get approval.
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Exhibit C-1
Statement of Work: Ranger
The following information defines the implementation Services to be provided by TripSpark for the Ranger
Software as well as the effort that will be required from Licensee’s staff and resources.
Unless otherwise indicated, TripSpark will provide ‘standard’ implementation Services (project management,
operational review, testing, installation, training, etc.) as defined by TripSpark. Any special requirements will be
considered a change request and processed through our standard change request system.
Overview
THIS IMPLEMENTATION INVOLVES THE FOLLOWING HIGH LEVEL TASKS:
1. Operational Review
2. Software Installation and Configuration
3. System Administrator Training
4. Dispatch Training
5. Driver Training
6. Go-live Support
7. Hardware Roll-Out
Roll-Out
The hardware phase of the project will involve the installation and commissioning of eight (8) new in-vehicle units
(Ranger4), configured to communicate with the TripSpark back office products via a public cellular data network.
Any special requirements may be considered a change request and processed through our standard change request
process.
The key assumptions that TripSpark has employed while determining the level of effort involved with this
implementation are presented below.
- Licensee is responsible for the purchase and installation of any required server hardware (servers shall be
preconfigured to TripSpark’s specifications).
- Software will be delivered ‘off-the-shelf’.
- With guidance from TripSpark, Licensee will procure data plans from a public wireless provider of your
choice, to be employed by the new in-vehicle hardware.
- Licensee is responsible for Provision/Configuration of router/firewall to allow two-way IP based
communications with the mobile devices.
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- Licensee is responsible for Swap-out maintenance of in-vehicle equipment during and after the warranty
period
- Vehicle installations will occur during regular business hours only
The remainder of this Statement of Work (SOW) provides details concerning the tasks and effort required to support
the tasks described above.
In addition, it is assumed this Software will take advantage of existing TripSpark infrastructure, data sources and
Software unless otherwise stated.
Products
THE PRODUCTS TO BE IMPLEMENTED ARE IDENTIFIED BELOW:
1. Ranger4 – Mobile Computer (see below for details concerning Hardware configuration).
2. FastNav – Navigational Software for in-vehicle units.
3. Xgate/XMobile Manager
The Software and Navigational Mapping will be provided ‘off-the-shelf’. Features and functions of the Software will
conform to those outlined in the latest user manual, and technical specifications, attached to this document.
Hardware Configuration for Paratransit Vehicles
The TripSparkRanger v4.0 is a water resistant Windows CE fixed-
mount computer with a built in 6.5” VGA TFT backlit color
display and touch screen. Its dimensions are 8.25” x 2.00” x
5.75”. The TripSpark Ranger shall be installed such that its touch
screen is easily usable by the driver. It shall not obstruct the
driver’s view of the road and be easily viewable in varying light
conditions.
The unit has two USB connections, two RS232 serial cable
connections and an external SD card reader.
Hardware and Software Deliverables – Rollout
(8) Ranger4 MDTs (Internal modem, GPS, Wi-Fi)
(8) Ranger4 Mounting Brackets
(8) Ranger4 Cabling
(8) Ranger4 Mobile Application License
(8) Navigation Software License
(8) XGate per Unit License
(8) XMobileManager per Unit License
(2) Ranger4 USB Programming Kit
(1) Ranger Training Kit
Additional Documentation Deliverables
System Overview
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Ranger4 Vehicle Installation Guide
Ranger4 Maintenance and Troubleshooting Guide
Ongoing Support Procedures
Warranty Repair Policies
Cabling Specifications
Operator/Driver Manual for Ranger4
Timeframe
This implementation can be completed within approx. three (3) months from delivery of the Hardware at Licensee.
During the operational review, a project plan will be prepared for each Software module.
Note: The delivery time for the Hardware is provided at the time of ordering. Currently, the lead time for the
delivery of Hardware is twelve (12) weeks.
TripSpark Implementation Services
The implementation Services below will be provided by TripSpark. All implementation Services, materials and
training will be provided in English, unless otherwise stated.
Travel expenses have been quoted based on a minimum of 2 weeks’ notice for travel dates. Insufficient travel notice
will result in additional travel expenses being incurred by Licensee to cover the higher cost of last minute travel.
Project Design
Project design will involve a series of meetings and conference calls with Licensee’s project team to discuss
the following items:
Existing infrastructure (back office, network, cellular, etc.)
Current operational environment (policies/procedures) as they relate to the Dispatch process.
Software configuration.
Testing and Training requirements.
Finalize project timelines
Final project plan, test, training and transition strategies.
A document (the Operational Review document) will be prepared outlining the understanding gained from the
meetings, identifying the deliverables and timing for the implementation. The TripSpark Project Manager (PM) will
coordinate a meeting with the Licensee’s project team to review the initial responses to the document within five
(5) days of delivery by TripSpark.
Kitting
Hardware will be processed and loaded with the TripSpark Software and Navigational Mapping and tested prior to
shipment preparation.
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Vehicle Installation
TripSpark experts will work with a 3rd party installer to install up to eight (8) units on vehicles
identified during the Project Design phase.
TripSpark will subcontract the installation of the Ranger4’s to proven 3rd party installers. Licensee will be
responsible for providing suitable installation location(s).
Licensee is also responsible for scheduling the fleet of vehicles to receive the installation once the rollout
schedule is confirmed by all stakeholders (TripSpark, Licensee and Installer). Should any vehicles be made
unavailable during any of the confirmed installation schedules, the cost of additional time and resource for
separate installs will be considered out of scope and will require a change order.
Once an installation is completed and passes the installation inspection, all further hardware troubleshooting
will be accomplished by Licensee’s maintenance staff. TripSpark will be available for consultation.
Software Installation
Back Office
TripSpark will install the Software remotely on the Licensee’s network. The Software will be installed once (1)
within the test environment. TripSpark will also provide assistance with transitioning the Software to the production
environment.
Licensee must have a test environment at their facility that can be used for testing new versions of the Software. It is
Licensee’s responsibility to ensure adequate user testing is completed before implementation of the Software in a
live environment.
In-Vehicle
The Ranger4 units will be pre-programmed based on the settings defined in the Software Configuration Sheet (to be
provided). The Ranger4 Software may be adjusted during the pilot. TripSpark will manage majority of the Software
changes on the pilot MDTs. Further Software updates during the Rollout Phase will require input from Licensee
staff.
Training
Training provided will be based on TripSpark standard training agendas. Training sessions will vary in length
dependant on topic. Each session can be attended by up to six (6) employees.
Up to four (4) hours of administrative training
Up to four (4) hours of training for maintenance staff.
Up to four (4) hours of training for dispatch staff.
Up to four (4) days of on-site go-live support will be provided.
In addition to training, TripSpark will provide one (1) digital copy of all available user manuals. Licensee is free to
create copies of the manual for their users. TripSpark will also provide printed and electronic material in the form of
‘quick reference guides’ for certain aspects of the Software.
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Users will also have access to recorded training videos and online sessions provided through myTripSpark.com, as
described in our standard support documentation.
TripSpark Off-Site Services
TripSpark will provide Project Management and Off-Site Support Services for up to five (5) months from delivery
of in-vehicle mobile computers at Licensee. These Services will consist of the following:
The TripSpark PM will provide bi-weekly reports to Licensee’s PM. These reports will be based on
TripSpark standards and will consist of: project team information, current status and next steps.
For the duration of the implementation the TripSpark technical product expert will be available for
consultation off-site via phone or email.
Licensee Services
The following tasks will be the responsibility of the Licensee. These items will need to be completed in order to
support the successful introduction of the new functionality.
Prior to any work being performed by TripSpark, Licensee will be required to execute the TripSpark license and
maintenance agreements and as amended and provide an executed purchase order (PO) for the value of the project.
Wireless Data Network
Licensee will be required to procure a wireless data plan for the Hardware units from a public data network provider
(ex. Verizon, Sprint, Rogers, etc). If necessary, TripSpark can assist with this effort. However, key elements to the
wireless data network are:
Geographical coverage, especially in rural areas.
Minimum data plan of 10 MB per month per unit (25 MB recommended).
Operational Review
Licensee’s staff will be required to participate in the Operational Review. In advance of the conference calls,
Licensee’s staff may be required to collect information and respond to a simple survey.
Within five (5) days of delivering the operational review, the TripSpark PM will schedule a meeting to review the
document. It’s encouraged that Licensee review the document internally prior to the meeting.
System Installation
TripSpark will coordinate with Licensee staff to schedule the installation of the pilot fleet.
Vehicles will be prepared in ‘groups’ and installed so as not to impact the overall fleet during peak periods.
Note: Licensee will be required to provide a safe and secure location to store in-vehicle components prior to
installation.
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Training
Training provided will be based on the standard TripSpark ‘train-the-trainer’ training sessions. Licensee driver-
trainers will be trained by a TripSpark specialist on the full usage of the Ranger4. Licensee driver-trainers will be
responsible for training the rest of the drivers on the usage of the Ranger4. TripSpark will provide instructions,
documentation and support necessary to train a System Administrator (specified by Licensee) on troubleshooting
and diagnostic techniques. TripSpark will provide up to two (2) days of onsite and offsite training.
Licensee’s resources are encouraged to participate in all training sessions related to their field, as outlined in
the Operational Review.
IDEAL TRAINING ENVIRONMENTS INCLUDE:
Networked computer for each trainee, connected to the test system.
White board and markers
LCD projector
Hardware units for trainees and trainer
If the items above are not available, TripSpark will work with Licensee to identify alternative arrangements.
Note: Licensee is free to record any training provided by TripSpark to be used solely for its internal business
purposes.
Acceptance Testing
The final phase of the project will be acceptance testing. Acceptance testing will be performed in the form of a
‘pilot’ project. The pilot will involve up to five (5) vehicles equipped with the Hardware units and operating for a
period of ten (10) days without a major failure.
A major failure is defined as a failure of the Hardware or Software which renders the tool unusable for more than ½
of a service day (This does not include failure caused by client and/or third party)
Licensee’s Resource Requirements
The table below identifies the resource requirements for the Licensee.
Resource Description Time Dedication Tasks
Project Manager The project
manager
coordinates all
efforts between
Licensee and
TripSpark.
20% of time for
duration of project. o Coordinate the scheduling
of all of the Licensee’s resources.
o Coordination of
conference calls and meetings, as
required.
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Resource Description Time Dedication Tasks
o Prepare training facilities.
o Coordinate training
sessions.
o Coordinate completion of
user acceptance testing.
o Payment of TripSpark
invoice in a timely fashion (30 days
from milestone completion).
Subject Matter
Expert
Someone with
intimate
knowledge of the
operator
processes and
procedures
25% of time for
duration of project. o Participation in the
completion of the Operational Review.
o Participation in all
training sessions.
o Assist PM with completion
of user acceptance testing and data
development.
System
Administrator
10% of their time
for the duration of
the project.
o Procure and configure
hardware to a ‘TripSpark Ready State’
(i.e. operating system and RDBMS
installed, connected to the network,
servers and workstations configured,
etc. as per each Software product’s
Tech Sheet (where available)).
o Participate in system
administration training.
Testers Responsible for
user acceptance
testing
50% of their time
during the testing
phase of the project.
o Execute user acceptance
testing.
End Users 50% of their time
during the training
and transition phase
of the project.
o Participate in end user
training.
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Exhibit C-1
Statement of Work: Streets CAD/AVL and Ranger
The following information defines the implementation Services to be provided by TripSpark for the Streets
CAD/AVL Software and Equipment as well as the effort that will be required from Licensee’s staff and resources.
Unless otherwise indicated, TripSpark will provide ‘standard’ implementation Services (project management,
operational review, testing, installation, training, etc.) as defined by TripSpark. Any special requirements will be
considered a change request and processed through our standard change request system.
Overview
This project will consist of the installation of TripSpark’s Equipment hardware onto 21 Fixed Route
vehicles. The System will be implemented to include XGate and XMM Software and a public cellular
network. Also part of this project is the introduction of TripSpark’s Streets Software into Licensee’s day-
to-day operations. Streets will be utilized to perform all day-to-day fixed route dispatching and scheduling
functions. Unless otherwise noted, TripSpark will be providing its default Streets CAD/AVL solution with
no customizations.
The remainder of this Statement of Work (SOW) provides details concerning the tasks and effort required to support
the deliverables described. In addition, it is assumed this SOW will take advantage of existing TripSpark
infrastructure, data sources and Software unless otherwise stated. This implementation involves the following high
level tasks:
Fixed Route
This portion of the project will involve the full installation and commissioning of the following hardware
on the entirety of the fleet of fixed route vehicles:
TripSpark Ranger4 mobile data terminals,
TripSpark TBOX annunciator units
Variable On Board Message Signs
Automatic Passenger Counters (APC)
The Ranger4 units will be configured to communicate with the TripSpark back-office products via a public
cellular data network.
In addition, TripSpark will implement the following interfaces:
1. An interface to the bus headsigns. This will allow changing of the headsign text automatically by
the Ranger as the bus starts and stops its various routes.
2. An interface to the existing GFI fareboxes on the fixed route buses. This interface will allow the
Ranger to be a single point of logon for the farebox.
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Annunciator System
TripSpark’s TBOX annunciator enables Licensee to announce timepoints and stops to passengers as the bus
drives along its route. It also interfaces to the on-board variable message sign to display text
announcements simultaneously, along with Next Stop Requests. TripSpark will provide its default
announcement System functionality and train Licensee on its use. Licensee will be responsible for
generating the announcements and uploading them into the on-board equipment.
APC Functionality
TripSpark’s APC functionality allows for automated passenger counting in real-time at bus stops. At each
stop, when the doors open the APCs will count passenger boards and alights and transit this data to Ranger.
Ranger will then take this information, attach it to the current stop data, and transmit it to the Streets host
System for reporting purposes. TripSpark will provide its default automatic passenger counting
functionality and train Licensee on its use. Licensee will be responsible for maintaining the APC hardware
once installed and for any activities required to validate the accuracy of the APC counts on the buses.
Passenger Information
MyRide will offer passengers near real-time information regarding the current fixed route vehicle position
through a publicly accessible website or through the use of SMS text messages. The information that is
displayed by MyRide is derived from the data that is gathered via Ranger and passed to Streets. TripSpark
will ensure that Streets is accurately passing information to MyRide. Licensee will be responsible for
educating the public on the use of the MyRide website and SMS service.
In addition to near real-time updates on vehicle position, the MyRide website offers an automated trip
planning service integrated with Google Maps and SMS or e-mail alerts to notify subscribers in real-time
every day. TripSpark will provide the standard MyRide website offering but will customize the website
with the Licensee’s branding logo and colors.
Users will be able to text “<Keyword> <Route name> <Stop code>” to a SMS code to receive near real-
time information about the next buses at that stop. The restrictions on each portion of the text message are
as follows:
Keyword – 3-5 characters subject to availability
Route name – max 5 characters, alpha numeric (recommend 2 numeric or less).
Stop code – max 10 characters, alpha numeric (recommend 4 numeric or less),
SMS code – short code (5 digits) or long code (10 digits) depending on Licensee plan chosen
Example: Text “Blue 13 2103” to 41411
TripSpark will provide the current production release of the MyRide Software necessary to implement the
Streets ITS solution.
Products To Be Delivered
THE PRODUCTS TO BE IMPLEMENTED AS PART OF THIS PROJECT ARE IDENTIFIED BELOW:
4. Ranger4 – Mobile Data Terminal (see below for details concerning Hardware configuration).
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5. TBOX Annunciators
6. Variable On Board Message Signs
7. Automatic Passenger Counters (APC)
8. XGate/XMobile Manager
9. Streets CAD/AVL Software – 2 concurrent licenses – including:
a. Streets Scheduling Tool
b. Streets Reports Licenses
c. Streets Web Services / Google GTFS Static Export License
d. HERE Map Data
10. Streets MyRide Passenger Information Software
The Software will be provided ‘off-the-shelf’. Features and functions of the Software will conform to those
outlined in the latest user manual, and technical specifications.
Hardware Configuration for Fixed Route Vehicles
The TripSpark Ranger v4.0 is a water resistant Windows CE
fixed-mount computer with a built in 6.5” VGA TFT backlit
display and touch screen. Its dimensions are 8.25” x 2.00” x
5.75”. The TripSpark Ranger shall be installed such that its
touch screen is easily usable by the driver. It shall not obstruct
the driver’s view of the road and be easily viewable in varying
light conditions.
The unit has two USB connections, two RS232 serial cable
connections and an external SD card reader.
Hardware and Software Deliverables – Fixed Route Pilot
(5) Ranger4 MDTs (Internal modem, GPS, Wi-Fi)
(5) Ranger4 Mounting Brackets
(5) Ranger4 Cabling
(5) Ranger4 Mobile Application License
(5) TBOX Annunciators
(5) TBOX Annunciator Application License
(5) TBOX Cabling
(5) In-vehicle Variable Message Signs
(10) APC sensors (one for each bus door) and cabling
(5) XGate per Unit License
(5) XMobileManager per Unit License
(1) Ranger4 USB Programming Kit
(1) Ranger Training Kit
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Hardware and Software Deliverables – Fixed Route Rollout
(16) Ranger4 MDTs (Internal modem, GPS, Wi-Fi)
(16) Ranger4 Mounting Brackets
(16) Ranger4 Cabling
(16) Ranger4 Mobile Application License
(16) TBOX Annunciators
(16) TBOX Annunciator Application License
(16) TBOX Cabling
(16) In-vehicle Variable Message Signs
(32) APC sensors (one for each bus door) and cabling
(16) XGate per Unit License
(16) XMobileManager per Unit License
Documentation Deliverables
TripSpark will supply its standard documentation as part of this project.
Roles and Responsibilities of Each Party
To support this project, TripSpark will follow the project methodology specified below. Unless otherwise
indicated below, all other implementation Services will be TripSpark’s ‘standard’ implementation Services
as defined by TripSpark. Any special requirements not specified below may be considered a change
request and processed through our standard change request process.
Travel expenses have been quoted based on a minimum of 2 weeks’ notice for travel dates. Insufficient
travel notice will result in additional travel expenses being incurred by Licensee to cover the higher cost of
last minute travel.
TripSpark
General
Act as single point of contact for Licensee during implementation, including for third-party
subcontractors
Hardware
Deliver in-vehicle hardware and training according to project plan
Subcontract and manage installation of in-vehicle hardware
Configure in-vehicle hardware for operation with Streets CAD/AVL System
Provide troubleshooting support as required
Software
Install Streets CAD/AVL Software
Install XGate and XMM Software
Provide TripSpark’s standard MyRide solution described above
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Licensee
General
Be responsible for any third party interface fees and Software updates to enable J1708
communication (if required) to existing 3rd party equipment
Be responsible for providing an external connector on the farebox that TripSpark can plug into for
J1708 farebox communications. Licensee will be responsible for any internal hardware or labour
required to install and enable this connector.
Be responsible for existing equipment on its buses not provided explicitly by TripSpark, and any
repairs or replacements required for existing equipment meant to interface to TripSpark’s System.
This includes emergency switches, existing cabling, existing equipment and interfaces, etc. if not
explicitly supplied by TripSpark.
Obtain necessary permits or permissions for any activities requiring outside authorization
Purchase/provide any power converters required for in-vehicle equipment if necessary
Provide a safe and secure location to store in-vehicle components prior to installation
Provide a test environment at their facility that can be used for testing new versions of the Software. It is
Licensee’s responsibility to ensure adequate user testing is completed before implementation of the
Software in a live environment.
Operations
Provide information on bus stop locations and bus route data
Work with the installer, Maintenance, and TripSpark to select equipment locations in each vehicle
o Final selection will be determined by the city
o Cabinets are recommended but not mandatory – equipment can be mounted on existing
bus framework within the driver cockpit if desired
Choose and schedule vehicles for installation once the rollout schedule is confirmed by all
stakeholders (TripSpark, Licensee, and the installer)
Provide the vehicles for installation and a workspace for the installer at a single central location
Data entry/verification including but not limited to stops, routes, schedules, and timepoints.
Using TripSpark’s text to speech engine, generate announcements and upload them to the on
board TBOX units.
Maintenance
Perform troubleshooting with assistance from the TripSpark project team as required
Work with the installer, Operations, and TripSpark to select equipment locations in each vehicle
Maintain all in-vehicle equipment once installed by TripSpark
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Information Technology
Supply any non-specialized hardware (servers, workstations, monitors, etc.) required for hosting
and accessing the central System
Modify internal network to ensure proper communications between central System servers and
workstations if necessary
Configuration of router/firewall to allow two-way IP-based communications with the mobile
devices
Provide TripSpark with access to central System servers via the internet (e.g. VPN, PCAnywhere,
etc.) for remote troubleshooting/support
Procure a public cellular network contract with a TripSpark supported provided for in-vehicle
hardware to communicate with central System servers
Resource Requirements
TripSpark
The table below identifies the resource requirements for TripSpark.
Resource Description Time Dedication Tasks
Project
Manager
Coordinates all
implementation
efforts on the
TripSpark side.
Single point of
contact at
TripSpark for
Licensee.
70% of time for
duration of project.
Create and maintain
project plan.
Coordinate delivery of
hardware and Software
deliverables according to
project plan.
Coordinate the scheduling
of all TripSpark resources.
Communicate
requirements for Licensee
resources.
Management of
subcontractors to ensure
tasks are completed on
schedule.
Schedule and manage
conference calls and
meetings.
Coordinate training
sessions.
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Resource Description Time Dedication Tasks
Coordinate completion of
data development.
Coordinate acceptance
testing.
Ensure TripSpark invoices
in a timely fashion after
milestone completion.
In-vehicle
Deployment
Specialist
Responsible for
implementing
hardware
solution.
40% of time for
duration of
Ranger/CAD-AVL
implementation, up to
60% during Design,
Execution, and Testing
and Installation
phases.
Populate the hardware
kits.
Assist installer in
prototyping the install of
the hardware on the
vehicles.
Configure hardware.
Troubleshoot issues, if
required.
Participation in training
sessions as needed.
Fixed-end /
Central System
Deployment
Specialist
Responsible for
implementing
Software
solution.
40% of their time for
duration of
Ranger/CAD-AVL
implementation, up to
60% during Design,
Execution, and Testing
and Installation
phases.
Lead resources during
Engineering and Design
phase
Install and configure
Software components of
solution.
Participation in training
sessions as needed.
Licensee
The table below identifies the resource requirements for Licensee.
Resource Description Time Dedication Tasks
Project Manager Coordinates all
efforts between
LICENSEE and
40% of their time for
duration of project.
Coordinate the
scheduling of all of
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Resource Description Time Dedication Tasks
TripSpark. Main
point of contact for
TripSpark.
Licensee resources.
Coordination of
conference calls and
meetings, as required.
Prepare training
facilities.
Coordinate training
sessions.
Coordinate completion
of data development.
Coordinate completion
of user acceptance
testing.
Payment of TripSpark
invoice in a timely
fashion (30 days from
receipt of invoice).
Subject Matter
Expert
Someone with
intimate knowledge
of the operator and
mechanical
processes and
procedures at
Licensee.
30% of their time during
Planning, Design,
Execution, and Testing
phases.
Participation in the
completion of the
Operational Review.
Participation in all
training sessions.
Assist PM with
completion of user
acceptance testing and
data development.
System
Administrators
Business and
Technical
Administrators of
the System
25% of their time for the
duration of the project.
Procure and configure
hardware to a
“TripSpark Ready
State” (i.e. operating
system and RDBMS
installed, connected to
the network, servers and
workstations configured,
etc. as per each Software
product’s Tech Sheet
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Resource Description Time Dedication Tasks
(where available)).
Participate in installation
and configuration of
Software
Implement and test
recommended network
infrastructure
Participate in System
administration training.
Testers Responsible for
user acceptance
testing
40% of their time during
the Testing phase of the
project.
Execute user acceptance
testing.
End Users 40% of their time during
the Training and
Transition phase of the
project.
Participate in end user
training.
Project Methodology and Work Plan
TripSpark will adapt its standard project methodology to include the requirements from Licensee. The
phases for this project will be:
Phase 1 – Project Initiation,
Phase 2 – System Design
Phase 3 – Project Execution,
Phase 3a – Project Testing and Installation,
Phase 3b – Training and Transition.
Phase 4 – Transition to Maintenance (System Acceptance)
Phase I: Project Initiation
Prior to any work being performed by TripSpark, Licensee will be required to provide an executed
purchase order (PO) for the value of the project.
Licensee Responsibilities
Project Budget,
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System requirements,
Schedule Licensee personnel for Project Kick-Off and Preliminary Design Review meetings.
RESOURCES REQUIRED FROM LICENSEE TO COMPLETE THESE TASKS INCLUDE:
Licensee Project Manager, Licensee Project Sponsors/Steering Committee/Executives, Licensee
Procurement and Legal
Phase II: System Design
During this phase, TripSpark will organize a series of formal meetings with Licensee stakeholders to
execute the project kick-off meeting, on-site surveys, and review the System Design Document (SDD).
Kick-off Meeting
The kick-off meeting is used to gather key stakeholders to review the scope, schedule and expectations for
this project.
Operational Review
The goal of this meeting will be to review business processes (scheduling/operations), Licensee’s collection
of available data (mapping/GIS, bus stops, vehicle types, ancillary data, etc.), review of existing website
and future plans, discussion of various strategies (training/testing/deployment), roll-out (and roll-back)
plans, and finalize project timelines and milestones.
Vehicle Survey
TripSpark performs a detailed survey of the installation location and each vehicle type for installation to
determine the exact details for the installation of the new System. The information from the surveys is used
to design and produce the vehicle installation drawings and guides for use during the actual installations.
Network Survey
TripSpark will perform a remote survey to complete a detailed analysis of Licensee’s existing infrastructure
including current network design, physical space, cooling and power availability, and security
requirements. Following the site survey, a complete set of design drawings will be generated.
System Design Document
The SDD consists of individual submittals for each sub System and is delivered at the end of this phase.
Licensee Responsibilities
Participate with TripSpark during on-site surveys, SDD meetings,
Provide documentation on business processes,
Communicate business processes and onsite contractor policies,
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Highlight critical processes related to the operation of the Software,
Participate in review of the SDD documentation to ensure accuracy and completeness,
Approve submissions in a timely fashion.
RESOURCES REQUIRED FROM LICENSEE TO COMPLETE THESE TASKS INCLUDE:
Licensee Project Manager, Licensee Project Sponsors/Steering Committee/Executives, Licensee Marketing
executive and (if necessary) hosting partner technical resources, Licensee Project Champions/Business
Leads (Operations, Maintenance, Security, IT, etc.)
Phase III: Project Execution
Following the approval of the System Design documentation package, the project will move into the
execution phase. During the execution phase, the following activities occur: network hardware
procurement, data load and role configuration, mobile hardware manufacturing and staging, and Software
Installation and integration testing. A pilot phase and a rollout phase are included as parts of the project
execution phase overall.
TripSpark will install the central Software remotely on Licensee’s servers. The Ranger4 units will be pre-
programmed based on the requirements gathered in the previous phases. The Ranger4 Software may be
adjusted during the pilot. After the pilot, Licensee will use TripSpark’s XMM program to push out any
Software changes on the Ranger4s.
Streets Reports will be installed in this phase along with the other Software.
Licensee Responsibilities
Regular status updates,
Provide assistance as necessary,
Procurement and configuration of required hardware (in a TripSpark ready-state),
Status updates,
Participate in training (as required),
Provide suitable training environment,
Provide access to network/hardware as required,
Participation in the creation of use cases,
Provision of necessary data (GIS, schedules, etc.)
RESOURCES REQUIRED FROM LICENSEE TO COMPLETE THESE TASKS INCLUDE:
Licensee Project Manage, Licensee Project Champions/Business Leads (Operations, Maintenance,
Security, IT, etc.), Licensee end users
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Phase IIIa: Testing and Installation
Prototype Testing and Installation Testing
At this stage, a subset of the vehicles will be installed and used to confirm that all vehicle-related aspects of
System functionality are met. After deficiencies have been corrected, all in-vehicle equipment will be
installed on the entire fleet.
TripSpark specialists will support the installer, who will install all in-vehicle hardware on vehicles.
Licensee is responsible for scheduling the fleet of vehicles to receive the installation once the rollout
schedule is confirmed by all stakeholders (TripSpark, Licensee, and the installer). Should any vehicles be
made unavailable during any of the confirmed installation schedules, Licensee may substitute a different
vehicle so the number of vehicles available for install remains the same. If no other vehicle is available for
substitution, the cost of additional time and resource for separate installs will be considered out of scope
and will require a change order.
TripSpark will perform Installation Testing on each pilot vehicle after installation is complete to confirm
correct operation of new hardware. Any installation testing required for rollout vehicles is Licensee’s
responsibility. At a minimum, the installation test for each unit shall consist of (as applicable): power-
up/power-down tests; log-on/log-off tests; verification of major functions, and verification of operational
interfaces to other devices. Any deficiencies shall be rectified before the initiation of SAT (see below).
Once an installation is completed and passes the installation test, all further hardware troubleshooting will
be accomplished by Licensee’s maintenance staff. TripSpark will be available for consultation.
Licensee Responsibilities
Assigning a point of contact and a location for delivery of hardware,
Scheduling installation of vehicles,
Participation in the prototype testing,
Participation in installation testing (if desired for pilot vehicles)
Completion of installation testing (if desired for rollout vehicles)
Participation in SAT
RESOURCES REQUIRED FROM LICENSEE TO COMPLETE THESE TASKS INCLUDE:
Licensee Project Manager, Licensee Project Champions/Business Leads (Operations, Maintenance,
Security, IT, etc.), Licensee Maintenance/Vehicle Inspection Team
Phase IIIb: Training and Transition
Training will be based on TripSpark standard training agendas in coordination with Licensee driver
trainers. Training sessions will vary in length dependent on topic. TripSpark will also provide instructions,
documentation and support necessary to train a system administrator (specified by Licensee) on
troubleshooting and diagnostic techniques.
Augusta, Georgia Amendment #1 Trapeze Confidential
Page 29 of 32
Refer to Appendix A for curricula of TripSpark’s standard training sessions. The following training
sessions are supplied as part of this project:
1 session Streets CAD/AVL dispatch training,
1 session Streets CAD/AVL overview training,
1 session in-vehicle training for drivers,
1 session system administration training,
1 session maintenance/installation training,
1 session Streets CAD/AVL reports training.
In addition to training, TripSpark will supply one (1) digital copy of all available user manuals. Licensee is
free to create copies of the manual for their users. TripSpark will also provide printed and electronic
material in the form of ‘quick reference guides’ for certain aspects of the Software.
Licensee is free to record any training provided by TripSpark to be used solely for its internal business
purposes. Users will also have access to recorded training videos and online sessions provided through
myTripSpark.com, as described in TripSpark’s standard support documentation.
IDEAL TRAINING ENVIRONMENTS INCLUDE:
One workstation with access to all relevant Software.
White board and markers
LCD projector
Ranger Training units for trainees and trainer
If the items above are not available, TripSpark will work with Licensee to make alternative arrangements.
Licensee Responsibilities
Schedule employees to receive training
Provide resources necessary for classroom training (proper room, PCs for training, etc.)
RESOURCES REQUIRED FROM LICENSEE TO COMPLETE THESE TASKS INCLUDE:
Licensee Project Manager, Licensee Project Team (Operations, Maintenance, Security, IT, etc.), Licensee
Maintenance/Vehicle Inspection Team, Licensee Operations, Licensee Dispatch and Supervisors
Phase 4: Transition to Maintenance (System Acceptance)
System Acceptance Testing (SAT)
Once all vehicles have been installed the SAT will be carried out as per TripSpark’s standard procedures.
The purpose of the SAT is to ensure that all parties are satisfied with the operation of the System so the
project can be transitioned to maintenance. Criteria for SAT acceptance will be based on TripSpark’s
standard SAT criteria and governed by the contract between Licensee and TripSpark.
Augusta, Georgia Amendment #1 Trapeze Confidential
Page 30 of 32
Exhibit D-1
List of TripSpark Equipment:
Description Quantity
TripSpark Equipment - Paratransit
Ranger 4 (Internal modem, GPS, WiFi) 8
Cabling 8
Ranger Programming Kit 2
Ranger Training Kit 1
Description Quantity
TripSpark Equipment – Fixed Route
Ranger 4 (Internal modem, GPS, WiFi) 21
Cabling 21
T-Box Annunciators 21
Ranger Programming Kit 2
Ranger Training Kit 1
List of Third Party Hardware:
Description Quantity
Third Party Hardware
Mounts 29
APC Sensors (one for each bus door) and
cabling 42
In-vehicle Variable Message Signs 21
Augusta, Georgia Amendment #1 Trapeze Confidential
Page 31 of 32
Exhibit E-1
RETURN MATERIALS AUTHORIZATION (“RMA”)
RETURN MATERIAL AUTHORIZATION ("RMA") PROCESS
All items returned to TripSpark must have the following information presented prior to the issuing of a
Return Material Authorization ("RMA") number. The reason for return (as specific as possible), the item(s)
part number(s), serial number and Licensee contact. For vehicle installed TripSpark Equipment please
provide the vehicle id, vehicle make/model and vehicle year.
RETURN MATERIAL AUTHORIZATION ("RMA") REQUEST
Licensees who have TripSpark Equipment needing repair, having received TripSpark approval for the
repair shall follow the procedure outlined below:
Buyer (or authorized representative) has TripSpark Equipment needing repair.
Buyer (or authorized representative) provides to TripSpark: Part Number, Serial Number, and Detailed
Problem Description with Unit by logging onto www.MyTripSpark.com and selecting “Request an RMA”
on the left side. You will need to enter the following information:
a) Serial number
b) corresponding problem description for each device being returned
c) return shipping address
d) billing address
A complete and accurate description of the condition or problem of the component or unit and the initial
trouble shooting shall be done by the Licensee (or authorized representative).
The Licensee (or authorized representative) shall ship the unit and CRG (Customer Returned Goods) form
to:
Trapeze Software Group, Inc. d.b.a. TripSpark Technologies
5265 Rockwell Dr NE
Cedar Rapids, IA 52402
Attention: RMA Department
For International shipments, please include a commercial invoice to prove place of origin for the
repair.
Packing
- Licensee (or authorized representative) places all TripSpark Equipment (EXCEPT IVLU’s) in a
nonstatic bag along with a copy of RMA form. IVLU’s shall be sent in an ESD static sensitive bag.
TripSpark will provide non-static bags at Licensee’s request. Licensee shall place a copy of the
CRG Form, which shall be provided by TripSpark at the time of the RMA request, inside the box
or taped to the outside of the bag of the unit being returned. Licensee (or authorized representative)
shall pack all returned units carefully, using packing peanuts and bubble wrap when necessary. All
returns are Licensee property and must be protected during shipping and through the entire return
process.
- Use the values on the commercial invoice for entering the ‘Value for Customs’ on shipping forms
(for International shipments)
- Do not enter a ‘Total Declared Value for Carriage’. (For International shipments)
- Mark the RMA number on the top of the outside boxes.
- Attach one copy of the commercial invoice to each box (for international shipments)
- Attach the waybill.
Augusta, Georgia Amendment #1 Trapeze Confidential
Page 32 of 32
Please note:
- TripSpark will provide proper packaging at a nominal fee if the units are not sent to us in original
packaging or if the packaging is damaged.
- Licensee is responsible for shipping to and from TripSpark on all non-warranty/non-maintenance
repairs and per the agreement on warranty/maintenance repairs.
- If the quantity or serial numbers are not filled out correctly on the commercial invoice, customs may hold
the shipment, or the shipment may be refused.
If you have any questions, please contact our Customer Care Department (cc@TripSparkgroup.com ).
Pre-Project Budget Planning
TripSpark Implementation Projected Software and Hardware Costs
Item Units Estimated Unit Price Estimated Amount
Streets ITS Solution
Major Objective: Implementation of the Streets
ITS Solution for Fixed Route Management
TripSpark Streets - CAD/AVL Solution 1 99,735.00$ 99,735.00$
Ranger Mobile Computer 1 63,656.00$ 63,656.00$
-$
Options
Dynamic Passenger Information / MyRide 1 23,560.00$ 23,560.00$
GFI/Headsign Integration 1 23,312.00$ 23,312.00$
Onboard Announcements 1 110,001.00$ 110,001.00$
Wayside Signs 1 -$ -$
Automatic Passenger Counters 1 109,367.00$ 109,367.00$
-$
Fixed Route Vehicle Total 429,631.00$
PASS-IVR Upgrade
Major Objective: Migration of the Trapeze PASS-
IVR Gateway from VoiceGenie 7.0 to Genesys
GVP 8.5.
Work Order Services*1 29,600.00$ 29,600.00$
Note: Work Order Services are composed of
Management Services, Operational Review,
Installation, Development Services, Testing, Training,
Go-Live Support, and Integration Services
Expenses Related to PASS-IVR Migration 1 1,950.00$ 1,950.00$
Total PASS-IVR Migration 31,550.00$
PASS Software Upgrade
Major Objective: Migration of the Trapeze PASS
software suite from version 9 to version 15
Existing Product Upgrade: During this project we
will upgrade from our current version of the PASS
suite of products (version 9) to the most recent
version (15) at no extra cost. The cost of the
upgrade will be paid through our existing
maintenance agreement with Trapeze.
1 No Cost -$
Total PASS Software Upgrade -$
Page 1 of 1
Pre-Project Budget Planning
PASS Ranger Implementation
Major Objective: Implement Ranger mobile
devices on 8 Paratransit Vehicles
Ranger Licenses, Expenses, and Services 1 49,903.00$ 49,903.00$
Total PASS Software Upgrade 49,903.00$
Hardware
Servers (approximate cost)56,000.00$
Servers to Be Purchased and Configured:-$
STREETS Application Servers -$
PASS Application Server -$
xGate Server -$
IVR Server -$
STREETS and PASS Database Server -$
-$
Total Hardware 56,000.00$
Proposed Project Cost (Hardware + Software)567,084.00$
Page 2 of 2
Pre-Project Budget Planning
Ongoing System Maintenance
Item Units Estimated Unit Price Estimated Amount
Ongoing System Maintenance
Streets ITS Solution
TripSpark Streets - CAD/AVL Solution 1 25,419.00$ 25,419.00$
TripSpark Mobile 1 4,482.00$ 4,482.00$
Ranger Mobile Computer 21 125.00$ 2,625.00$
Options
Dynamic Passenger Information / MyRide 1 10,700.00$ 10,700.00$
GFI/Headsign Integration 1 1,927.00$ 1,927.00$
Onboard Announcements 1 5,244.00$ 5,244.00$
Wayside Signs 1 -$ -$
Automatic Passenger Counters 1 5,880.00$ 5,880.00$
Total Maintenance 56,277.00$
Paratransit
PASS 1 13,600.00$ 13,600.00$
PASS SUS 1 2,400.00$ 2,400.00$
PASS IVR 1 12,000.00$ 12,000.00$
PASS CERT 1 4,220.00$ 4,220.00$
PASS MON 1 4,725.00$ 4,725.00$
PASS MDC 1 750.00$ 750.00$
Mobile Computing 1 4,482.00$ 4,482.00$
Ranger Mobile Computer 8 125.00$ 1,000.00$
Total Maintenance 43,177.00$
Connectivity for Mobile Units Units Monthly Fee Annual Cost
Paratransit Units 8 40.00$ 3,840.00$
Fixed Route Units 21 40.00$ 10,080.00$
Total Connectivity 13,920.00$
Total Annual Maintenance Cost 113,374.00$
Page 3 of 3
Commission Meeting Agenda
8/16/2016 2:00 PM
O/C Concrete Repair, Concrete Construction and Emergency Repair Services - #16-155 Contract Award
Department:Engineering
Department:Engineering
Caption:Motion to approve award of the On-Call Concrete Repair,
Concrete Construction and Emergency Repair Services Contract
to Horizon Construction, J&B Construction & Services, Inc.,
Quality Storm Water Solutions, Winsay, Inc., Jamco Civil, Inc.,
Blair Construction, Larry McCord, LLC., and Contract
Management, Inc. Award is contingent upon receipt of signed
contracts and proper insurance Documents. Also, approve
$1,000,000 to fund the proposed On-Call Concrete Repair,
Concrete Construction and Emergency Repair Services as
requested by AED. (RFP 16-155)(Approved by Engineering
Services Committee August 9, 2016)
Background:Effective January 1, 2016, Augusta Commission authorized a
Stormwater Utility (SWU) Program be implemented. One of the
key elements of the SWU Program is establishing a proactive
Infrastructure Maintenance Program, that would include
maintenance of storm conveyance systems, restoration of drainage
impacted areas and improving local watersheds. It was determined
by AED to supplement AED’s present maintenance resources with
on-call services such as concrete repair, concrete construction and
emergency repairs. This additional resource would afford AED a
practical approach to completing and sustaining much needed
maintenance services in a timely and efficient manner. Such
services are essential to minimizing public safety risks, damages
to public property and associated potential hazard liabilities.
Analysis:RFPs were evaluated on May 18, 2016 with Horizon
Construction, J&B Construction & Services, Inc., Quality Storm
Water Solutions, Winsay, Inc., Jamco Civil, Inc., Blair
Construction, Larry McCord, LLC., and Contract Management,
Inc., being the selected firms. Firms were evaluated based on
qualifications, relevant experience, and ability to provide
requested services. Negotiated unit fees of the requested primary
services are listed on the attachment labeled Unit Fees. It is the
Cover Memo
recommendation of the Engineering Department to award this
project to aforementioned firms.
Financial Impact:Funds are available in the amount of $1,000,000 in On-Call
Emergency Construction Stormwater SPLOST VII
Alternatives:1). Approve award of the On-Call Concrete Repair, Concrete
Construction and Emergency Repair Services Contract to Horizon
Construction, J&B Construction & Services, Inc., Quality Storm
Water Solutions, Winsay, Inc., Jamco Civil, Inc., Blair
Construction, Larry McCord, LLC., and Contract Management,
Inc. as requested by AED. Award is contingent upon receipt of
signed contracts and proper insurance Documents. Also approve
$1,000,000 to fund the proposed On-Call Pothole Repair, Paving
and Emergency Repair Services. 2). Do not approve and identify
alternate way to provide needed maintenance services.
Recommendation:Approve alternative one.
Funds are Available
in the Following
Accounts:
On-Call Emergency Construction Stormwater SPLOST VII.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
P a g e | 1
Unit Fees
On-Call Concrete Repair, Concrete Construction
and Emergency Repair Services
Bid Item #16-155
ITEM UNIT UNIT VALUE
Concrete Demolition CY 387.5
Driveway Concrete, 4IN SY 59.75
Driveway Concrete, 6IN SY 71.5
Driveway Concrete, 8IN SY 87.5
Concrete Sidewalk, 4IN SY 66.25
Concrete Sidewalk, 6IN SY 77.5
Concrete Sidewalk, 8IN SY 82.5
Concrete Median, 4IN SY 79.375
Concrete Median, 6IN SY 92.5
Concrete Median, 7.5IN SY 97.5
Concrete Median, 8IN SY 107.5
Concrete Header Curb, 6IN LF 26.75
Concrete Header Curb, 8IN LF 31
Concrete Curb & Gutter,6INx24IN LF 31
Concrete Curb & Gutter,6INx30IN LF 33
Concrete Curb & Gutter,8INx24IN LF 36
Concrete Curb & Gutter,8INx30IN LF 39.5
Concrete Curb & Gutter,8INx30IN LF 39.5
Curb Cut Wheel Chair Ramp, Type A EA 1947.5
Concrete Retaining Wall CY 595.5
Storm Drain Pipe, 12IN, H1-10 LF 55
Storm Drain Pipe, 15IN, H1-10 LF 51.5
P a g e | 2
ITEM UNIT UNIT VALUE
Storm Drain Pipe, 18IN, H1-10 LF 58.55
Storm Drain Pipe, 18IN, H10-15 LF 67.6
Storm Drain Pipe, 24IN, H1-10 LF 70.5
Storm Drain Pipe, 24IN, H10-15 LF 80.65
Storm Drain Pipe, 30IN, H1-10 LF 86.615
Storm Drain Pipe, 30IN, H10-15 LF 96.815
Storm Drain Pipe, 36IN, H1-10 LF 98.025
Storm Drain Pipe, 36IN, H10-15 LF 113
Storm Drain Pipe, 42IN, H1-10 LF 121.25
Storm Drain Pipe, 42IN, H10-15 LF 138.5
Storm Drain Pipe, 48IN, H1-10 LF 148.575
Storm Drain Pipe, 48IN, H10-15 LF 165.35
Storm Drain Pipe, 54IN, H1-10 LF 177.85
Storm Drain Pipe, 54IN, H10-15 LF 194.6
Storm Drain Pipe, 60IN, H1-10 LF 215.75
Storm Drain Pipe, 60IN, H10-15 LF 239.25
Catch Basin EA 4250
Drop Inlet EA 4150
Junction Box EA 4400
Saw Cutting LF 6.6
Concrete Grinding LF 12.5
Crack Caulking and Sealing LF 9
Concrete Refinishing (Aesthetics) SY 110
Asphaltic Repair - Asphalt SY 45
Asphaltic Repair - Grade Prep SY 52.5
Request for Proposal
Request for Proposals will be received at this office until Tuesday, May 3, 2016 @ 11:00 a.m. for furnishing
for the Augusta Engineering Department:
RFP Item #16-152 On Call Maintenance Vegetation Control and Right-of Way Mowing
RFP Item #16-155 On Call Concrete Repair, Concrete Construction, and Emergency Repair
RFP Item #16-156 On Call Tree Removal & Tree Pruning Services
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
535 Telfair 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, 535 Telfair 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 Monday, April 11, 2016 @
5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered.
No proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of
contract with the successful bidder.
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 request for proposal 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 waivable 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.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle March 3, 10, 17, 24, 31, April 7, 2016
Metro Courier March 9, 2016
VENDORS Attachment B E-Verify #SAVE
Form Original 7 Copies Fee
Proposal
Horizon Construction
P. O. Box 798
Evans, GA 30809
Yes 229921 Yes Yes Yes Yes
J & B Construction
3550 Gordon Highway
Grovetown, GA 30813
Yes 229939 Yes Yes Yes Yes
Quality Storm Water
Solutions
P. O. 1847
Evans, GA 30809
Yes 233338 Yes Yes Yes Yes
Winsay, Inc
P. O. Box 55
Harlem, GA 30814
Yes 494613 Yes Yes Yes Yes
JAMCO Civil
1249 Gordon Park Rd.,
Suite 102
Augusta, GA 30901
Yes 923698 Yes Yes Yes Yes
Blair Construction
Po Box 770
Evans, GA 30809
Yes 224004 Yes Yes Yes Yes
Larry Pittman & Associates
1249 Gordon Park Road,
Augusta, GA 30901
Yes 230014 NO Yes Yes Yes
Larry L. Mccord LLC
2016 Highland Ave.,
Augusta, GA 30904
Yes 469967 Yes Yes Yes Yes
Contract Management
P.O.Box 3833
Augusta, GA 30914
Yes 225306 Yes Yes Yes Yes
Total Number Specifications Mailed Out: 19
Total Number Specifications Download (Demandstar): 4
Total Electronic Notifications (Demandstar): 209
Mandatory Pre-Bid/Telephone Conference: NA
Total packages submitted: 9
Total Noncompliant: 1
RFP Opening
RFP Item #16-155
On Call Concrete Repair, Concrete Construction and
Emergency Repair
for Augusta, Georgia - Engineering Department
RFP Due: Tuesday, May 3, 2016 @ 11:00 a.m.
Page 1 of 1
ENGINEERING DEPARTMENT
Hameed Malik, Ph.D., PE,
Assistant Director
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Ms Geri Sams, Procurement - Director
.l
W4eAi"L. Ladson, PE, CPEsc, Director- AEDtl?
Friday, July 01,2016
16-155 - On Call Concrete Repair, Concrete Construction
& Emergency Repalr
File reference: 15-014
Ms. Sams it is AED's recommendation that the subject be awarded to the companies listed below
at the negotiated price.
1) HorizonConstruction
2l J & BConstruction &Services,lnc.
3) Quality Storm Water Solutions
4) Winsay,lnc
5) Jamco Civil, LCC
5) Blair Construction
7l Larry McCord, LLC
8) Contract Management, lnc
Should you require additional information, please do not hesitate to contact Hameed Malik at ext
s040/s070.
ALUscm
cc: Hameed Malik, Ph.D., PE, Assistant Director - AED
Tony Williams, Construction Manager- AED
Valerie R. Jenkins, Department Accountant - AED
Nancy Williams, Quality Assurance Analyst
Phyllis Johnson, Procurement Compliance Officer
File
August Eryineering Administration Divislon
535 Telfair Street, Bldg 40{rc- Augusta, GA 30901
(705) 796-sM0 - Fax (705) 796-504s
Www.augustaqa.qov
Horizon
Construction
P. O. Box 798
Evans, GA 30809
J & B
Construction
3550 Gordon
Highway
Grovetown, GA
30813
Quality Storm
Water Solutions
P. O. 1847
Evans, GA 30809
Winsay, Inc
P. O. Box 55
Harlem, GA
30814
JAMCO Civil
1249 Gordon
Park Rd.,
Suite 102
Augusta, GA
30901
Blair
Construction
Po Box 770
Evans, GA 30809
Larry L. Mccord
LLC
2016 Highland
Ave.,
Augusta, GA
30904
Contract
Management
P.O.Box 3833
Augusta, GA
30914
A. Package
submitted by the
deadline
Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS
B. Package is
complete (includes
requested
information as
required per this
Pass/Fail PASS PASS PASS PASS PASS PASS PASS PASS
C.Overall Quality of
RFP (concise and to-
the-point)
50 37.5 42.5 40 40 40 40 45 36
1. Qualifications of
company (company
profile)
100 87.5 95 90 85 85 87.5 85 75
2. Financial
Responsibility 100 87.5 92.5 90 90 90 90 92.5 85
3. Project
Management 95 85 90 87.5 85 82.5 85 85 82.5
4. Key Personnel &
Staff 90 77.5 82.5 80 80 82.5 80 87.5 82.5
5. Organizational
Qualifications 75 70 70 70 70 70 70 70 70
6.Optional Interview
(Potential bonus
Points)
10
D. TOTAL 470 407.5 430 417.5 410 410 412.5 420 395
1. Technical
Approach 50 42.5 45 42.5 42.5 42.5 42.5 42.5 40
2. Specific
relevant
experience of your
company.
35 30 30 30 30 32.5 32.5 35 30
3. A detailed
description of
prior type services
rendered.
40 35 37.5 35 32.5 35 37.5 40 35
4. Resource
Availability (Labor
and Equipment)
75 65 70 70 67.5 67.5 70 70 60
E. TOTAL 200 172.5 182.5 177.5 172.5 177.5 182.5 187.5 165
Submittal and Quality of RFP
D. Narrative
E. Scope of Services
Cummulative Evaluation Sheet - RFP Item #16-155
On Call Concrete Repair, Concrete Construction and Emergency Repair
for Augusta, Georgia - Engineering Department
Wednesday May 18, 2016 @ 2:00 p.m.
Vendors
Scope of Services (Total Points 200)
Proposer’s Overall Ability to Provide the Services (Total Points 470)
Quality of RFP
RANKING - First Round Elimination
(MUST PASS FOR CONTINUED CONSIDERATION)
Second Round Elimination (Total Points 50) (MUST ACHIEVE 35 POINTS FOR CONTINUED CONSIDERATION)
Within Richmond
County 10 10 10
Within CSRA 8 8 8 8 8 8
Within Georgia 6 6
Within SE
United States
(includes AL, TN,
NC, SC, FL)
4
All Others 2
F. TOTAL 10 10 8 10 6 8 8 8 8
Lowest 10 10
Second 8 8
Third 6 6
Fourth 4 4
Fifth 2 2
G. TOTAL 10 10 6 8 0 0 2 0 4
H. References 10 0 0 0 0 0 0 0 0
H. Total 10 0 0 0 0 0 0 0 0
Total 750 637.5 669 653 628.5 635.5 645 660.5 608
Internal Use Only
F. Proximity to Area
Total (Total Possible Score 750)
Evaluator: Cumulative Date: 5/18/16
Procurement DepartmentRepresentative: Nancy Williams
Procurement Department Completion Date: Nancy Williams
G. Cost/Fee Proposal (Enclose in a separate sealed envelope)
Reference(s) (Total Points 10
Cost/Fee Consideration (Total Points 10)
Proximity to Area (Total Points 10)
Note: Respondent/Offeror(s) receiving 600 or more points will be invited to do presentations to provide additional information if deemed necessary.
Commission Meeting Agenda
8/16/2016 2:00 PM
Renovation of 452 Walker Street
Department:Utilities
Department:Utilities
Caption:Motion to approve award of Bid #16-194A for the renovations of
452 Walker Street to Allen Batchelor Construction, Inc. in the
amount of $3,220,000.00. (Approved by Engineering Services
Committee August 9, 2016)
Background:This project will renovate 452 Walker Street, formally the AT & T
building, for the purposes of the administrative and customer
service offices for both the Augusta Utilities Department and the
Augusta Engineering Department. The soil conservation county
seat office will also be accommodated within this building.
Analysis:Christopher Booker and Associates, as well as the Augusta
Utilities Department (AUD) have reviewed the bid submitted by
Allen Batchelor Construction, Inc. The bid for the renovation
services was deemed to be fair and reasonable by Christopher
Booker and Associates, and they provided a recommendation
letter to AUD.
Financial Impact:We have reviewed the bid from Allen Batchelor Construction, Inc.
and find it to be reasonable. Funding in the amount of
$3,220,000.00 is available from accounts: 514043490-5413120/
81500130-5413120
Alternatives:No alternatives are recommended.
Recommendation:Augusta Utilities Department recommends the Commission
approve the Construction Services to Allen Batchelor
Construction, Inc. in the amount of $3,220,000.00 for the
Renovation of 452 Walker Street.
Funds are Available
in the Following Funds are available in the following accounts: 514043490-
5413120/ 81500130-5413120 and SPLOST III account GL 323-
Cover Memo
Accounts:06-1110/JL - 299050100
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Invitation to Re-Bid
Sealed re-bids will be received at this office until Tuesday, July 19, 2016 @ 3:00 p.m. for furnishing:
Re-Bid Item #16-194 Renovation of 452 Walker Street for Augusta Utilities Department
Re-Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
Re-Bid documents may be examined at the office of the Augusta, GA Procurement Department, 535 Telfair 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 $125.00.
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 Friday, July 1, 2016. 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.
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 8, 2016 @ 5:00 P.M. No re-bid will be accepted by fax, all must be
received by mail or hand delivered.
No proposal may be withdrawn for a period of sixty (60) days after re-bids have been opened, pending the execution of contract
with the successful bidder. 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 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.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
No re-bid will be accepted by fax, all must be received by mail or hand delivered.
GERI A. SAMS, Procurement Director
Publish:
Cc: William Rhinehart Deputy Administrator
Tom Wiedmeier Utilities Department
Deanna Davis Utilities Department
Revised: 2/19/2016
ALLEN-BATCHELOR CONSTRUCTION
ATTN: FLETCHER DICKERT
1063 FRANK INDUSTRIAL DRIVE
AUGUSTA, GA 30909
ACC CONSTRUCTION CO
ATTN: MASON MCKNIGHT IV
635-A NORTHWEST FRONTAGE RD
AUGUSTA, GA 30907
LARRY PITTMAN
ATTN: BLAKE FARNUM
1249 GORDON PARK ROAD
AUGUSTA, GA 30901
NASCO
ATTN: JENNIFER OERTLI
53285 SILVER VALLEY ROAD
KELLOGG, ID 83837
DEANNA DAVIS
UTILITIES BAY STREET, TOM WIEDMEIER
UTILITIES BAY STREET YVONNE GENTRY
LSBOP
RE-BID ITEM #16-194A
RENOVATIONS OF 452 WALKER
STREET
FOR UTILITIES DEPARTMENT
RE-BID DUE: TUE. 7/19/16 @ 3:00 P.M.
RE-BID ITEM #16-194A
RENOVATIONS OF 452 WALKER
STREET
FOR UTILITIES DEPARTMENT
RE-BID MAILED: JULY 1, 2016
Commission Meeting Agenda
8/16/2016 2:00 PM
Minutes
Department:
Department:
Caption:Motion to approve the minutes of the regular meeting of the
Commission held August 2, 2016 and Special Called Meeting
August 9, 2016.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Sharon Bush Ellison Appeal
Department:
Department:
Caption:Consider appeal from Sharon Bush Ellison regarding the denial of
"Approval for Employment" Adult Entertainment Independent
Contractor License.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Sharon Bush Ellison
Pro Se
2838 Pepperdine Drive
Hephzibah Georgia 308 I 5
(706) 2st-6367
sharonbusheIlison(E gmail. com
Attention: Clerk
Commission
535 Telfair Street
Suite 220
Augusta Georgia 30901
RE: Appeal of Denial of Approval of Employment
COMES NOW, Sharon Bush Ellison (hereafter "employee") and states the following:
Sharon Bush Ellison, on or around May 12,2016 submitted a Notice of her lntended
Employment as Adult Entertainment Independent Contractor, on forms supplied by the License
and Inspection Department. She received denial of such employment from the License and
Inspection Department on or around June 2,20L6.
The employee applied to the Director, who poses as Robert Sherman, of the License and
Inspection Department for a hearing. The Director failed to conduct the requested hearing as of
this 7th day of August, 2016. The Director failed to approve or deny the requested employment as
Adult Entertainment lndependent Contractor as submitted by Sharon Bush Ellison, pursuant to
Augusta Code Title 6-l-10(c). Sharon Bush Ellison will begin working as of this 7th day of
August 2016, as an Adult Entertainment Contractor and comply with all requirements of Augusta
Code Title 6-l-10 (c) as may be applicable to lndependent Contractors.
Sharon Bush Ellison, the Employee herein submits this appeal of the denial of
employment by the Director to the Commission which shall hear such appeal at its
September 30,2016 meeting. [t is herein requested that the Commission issue a decision on such
I
!\\rg 201:
CWotCommitS'oo
appeal no later than September 14, 2016 pursuant to the requirements of Augusta Richmond
County Title 6-l-10 (b).
m* 9L o^r,r@A,zot6
Sharon Bush Ellison
Pro se
$ 6-1-e AUGUSTA-RICHMOND COUNTY CODE, REA.DOPTED 7.LO.2OO7
(d)
(e)
park, a cemetery, residential district, res-
idential lot or governmental building or
site.
For purposes of subsection (aX10) of this
section, the distance between any two
sexually oriented businesses shall be mea-
sured in a straight line, without regard to
intervening structures or objects, from
the closest exterior wall of the structure
in which each business is located.
Any sexually oriented business lawfully
operating as ofJanuary 1, 2003 that is in
violation of subsections (a), (b) or (c) of
this section shall be deemed a nonconform-
ing use. Such use will be permitted to
continue unless voluntarily discontinued
for a period of 30 days or more. Such
nonconforming uses shall not be increased,
enlarged, extended or altered except that
the use may be changed to a conforming
use. If two or more sexually oriented busi-
ness are within 1,000 feet of one another
and otherwise in a permissible location,
the sexually oriented business which was
frrst established and continually operat-
ing at a particular location is the conform-
ing use and the later established business
is nonconforming.
A sexually oriented business lawfully op-
erating as a conforming use is not ren-
dered a nonconforming use by the loca-
tion, subsequent to the grant or renewal
of the sexually oriented business license,
of a church or place of religious worship,
public or private elementary or secondary
school, governmental building or site as
defined herein, cemetery, residential dis-
trict or residential lot or government build-
ing or site within 1,000 feet of the sexu-
ally oriented business. This subsection
applies only to the renewal of a valid
license, and does not apply when an ap-
plication for a license is submitted after a
license has expired or has been revoked.
All locational requirements of this section
must be approved by the Augusta License
and Inspection Department within 30 days
from the time the application is filed and
all information required by this Ordi-
nance has been submitted to the License
and Inspection Department.
(h) Failure by the Augusta License and In-
spection Department to approve or disap-
prove the location requirements within 30
days from the time the application is frled
and all information required by this Chap-
ter has been submitted, shall constitute a
waiver of this approval requirement.
(i) Upon approval or waiver of approval by
the Augusta License and Inspection De-
partment, the application shall be submit-
ted to theAugusta-Richmond County Com-
mission for consideration.
Sec. 6-1-10. Adult entertainment establish-
ment employees.
(a) Qualifications. Employees of an adult en-
tertainment establishment shall be not be less
than eighteen (18) years of age. Every employee
must be of good moral character as defined in this
Chapter. Any employee who is convicted of a
crime constituting a felony involving sexual mis-
conduct or drug trafficking or a crime not a felony
involving serious sexual misconduct or drug traf-
fickingwhile employed as an adult entertainment
establishment employee shall not thereafter work
on any permitted premises for a period of five (5)
years from the date of such conviction, unless a
longer time is ordered by a court of competent
jurisdiction. The term convicted shall include an
adjudication of guilt on a plea of guilty or nolo
contendere or the forfeiture ofa bond when charged
with such a crime, and the terms employed on the
permitted premises and work on any permitted
premises shall include as well work done or
services performed while in the scope of employ-
ment elsewhere than on the permitted premises.
(b) Approual for employment. Before any per-
son may work on a permitted premises, he sha1l
fiIe a notice of his intended employment on forms
supplied by the License and Inspection Depart-
ment and shall receive approval of such employ-
ment from the License and Inspection Depart-
ment within 14 days of application. An investigation
fee of fifty dollars ($50.00) shall accompany the
notice of intended emplo5rment or a receipt of the
(D
(g)
T6:14
License and Inspection Department evidencing
the payment of such fee at the time the notice is
frled. Upon approval or the failure of the License
and Inspection Department to approve or deny
within such fourteen (14) day period, the em-
ployee may begin working on the permitted pre-
mises. If approval is denied, the prospective em-
ployee may, within ten (10) days of said denial,
apply to Director of the License and Inspection
Department for a hearing. The Director shall
conduct the requested hearing within ten (10)
days and shall approve or deny the requested
employment with five (5) days of the hearing.
Upon the failure of the Director to approve or
deny within such five (5) day period, the employee
may begin working on the permitted premises. A
decision of the Director of the License and Inspec-
tion Department denying approval of employ-
ment may be appealed to the Commission which
shall hear such appeal at its next regularly sched-
uled meeting. The Commission shall issue a deci-
sion on such appeal with fourteen (14) days ofthe
date of the hearing on the appeal. Upon the
failure of the Commission to make a decision on
the appeal within said fourteen (14) days, the
employee may begin working on the permitted
premises. The decision by the Commission, or a
failure of the Commission to make a decision
within the prescribed number of days, shall con-
stitute a fuIl exhaustion of administrative reme-
dies, after which the applicant may immediately
seekjudicial reliefin a court having properjuris-
diction.
(c) Independent contracfors. For the purpose of
this Chapter, independent contractors shall be
considered as employees and shall be licensed as
employees, regardless of the business relation-
ship with the owner or Business Tax Certificate
holder of any adult entertainment establishment.
Sec. 6-1-11. Application for permit.
(a) All applicants for a license to operate any
adult entertainment establishment shall give no-
tice of their intention to make such application by
advertisement in the form prescribed by the di-
rector of the Augusta License and Inspection
DepartmenL. Aduertising as referred to in this
section means there shall be a sign posted thirty
(30) days prior to the hearing ofthe application in
LICENSE AND BUSINESS REGUI-AffIONS $ 6-1-12
a prominent position on the property (i.e. fiont
window where it can be viewed from the road);
also, all new permit applications shall be required
to advertise three (3) times in the legal gazette
before applications are heard by the Commission.
Advertising in the legal gazette shall be during
the thirty-day period prior to the hearing of the
application by the Commission. Before the appli-
cation is presented to the Commission, the appli-
cant shall furnish proof that the advertisement
has been completed as required hereinabove. Any
problems with securing the required advertising
should immediately be brought to Augusta's at-
tention. Augusta shall then place the appropriate
advertisement on behalf of the applicant, with the
applicant being responsible for all cost.
ft) Any person, association, partnership or cor-
poration desiring to obtain a permit to operate,
engage in, conduct or carr), on any adult enter-
tainment establishment shall make application to
the License and Inspection Department. Prior to
submitting such application, a nonrefundable fee
of $200.00 shall be paid to Augusta to defray, in
parb, the cost of investigation, and reporting re-
quired by this Chapter. The License and Inspec-
tion Department shall issue a receipt showing
that such application fee has been paid. The
receipt or a copy thereof shall be supplied to the
Commission at the time such application is sub-
mitted.
(c) The application for permit does not autho-
rize the engaging in, operation of, conduct of or
carrying on of any adult entertainment establish-
ment.
Sec. 6-l-12. Application contents.
Each application for an adult entertainment
establishment permit shall contain the following
information:
(a) The full true name and any other names
used by the applicant;
(b) The present address and telephone num-
ber ofthe applicant;
(c) The previous addresses ofthe applicant, if
any, for a period of five (5) years immedi-
ately prior to the date of the application
and the dates ofresidence at each;
T6:15
Commission Meeting Agenda
8/16/2016 2:00 PM
Georgia Rentention Schedule
Department:Clerk of Commission
Department:Clerk of Commission
Caption:Discuss the Georgia Retention Schedule and city official
documents. (Requested by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Commission Meeting Agenda
8/16/2016 2:00 PM
Pension Committee
Department:Finance
Department:Finance
Caption:Motion to adopt the Georgia Municipal Employees Benefit
System Defined Benefit Retirement Plan-Master Plan
Amendments by Employers with Individually Designed Plans.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
GEORGIA
MUNICIPAL,ASSOCIATION
B}5T HAXAGE}1EHT AND
EITPLOYEE AEXEFIT gERVI CES
&OARO OF TRUETEEg
C h*m. E
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3tJ A:n'i!r, artarir!
July 14,2016
Ms. Jody Smitherman
Scnior StaffAttorney
Augusta Law Departnent
535 Telfair Steet
Building 3000
Augusta, GA 30901-2386
RE: Georeia Municioal Emolovees Benefit Svstem Defined Benelit
Retirement Plan: Adootion of Master PIen Amendments bv
Emolovers with Individuallv Desiqncd Plrns
Dear Ms. Smitherman:
During its June 27, 2016 meeting, the Board of Trustces of the Georgia
Municipal Employees Benefit System (*GMEBS") amended thc GMEBS Master
Dcfined Benefit Retiremcnt Plan Document ("Master Plan") to incorporate
provisions requested by the Internal Revenue Service ("IRS"). The amendment
rcquircs GMEBS employers, such as Augusta, with individually designed plans
to separately adopt any amendments that are made to thc Master Plan. The
amcndment provides that an employer with an individually dcsigned GMEBS
plan must execute a resolution to adopt the amendments within 90 days
following their adoption by the Board of Trustces.
The Board Resolution approving the amendment to the Mastcr Plan is attached.
GMEBS requests that the Augusta, Georgia Commission Council execute a
resolution approving the Plan amendment no later than September 27, 2016, in
ordcr to comply with thc IRS directive.
Sincerely,
&*C/'lail
Gwin Hall
Senior Associate General Counsel
C: Ms. Lena Bonner, Pension Committee Secretary, Augusta, Georgia (w/ encl.)
Mr. Cal Wray, Dcputy Executive Director (w/o encl.)
-r: !.r.;xz :.JJd!1i . ii: ?.y;, t:.e: :r'i. .r.ta1a GA *jii-i93a . Tr a]{ l!€.1{l-r . -ct ir* | i{:.i5.: q4(: , fr-rr,.. wEd€Tr1.rirr
!"lailirg Addru;: : FO B+r l0ll77 | Arhft! GA 3gra t
:\ RESOLUTION OF TIIE
BOARD OT' TRUSTEES OT' TIIE
GEORGIA MII\UflPAL EMPLOYEES BENEFIT SYSTEM
AMENDMEI{T THREE TO TIM SECOND INTERIM RESTATED
GMEBS DEFINED BENEFIT RETIREMENT PLAN
WIIEREAS, the Board of Trustees of the Georgia Municipal Employees Benefit
lfslem ("Board") previously adopted the Georgia Municipal Employees ^Benefit
SystemDefined Benefit Retirement Plan ("Plan'), which was restated in its entirety efttective
January 1,2007, as amended, and approved by the tntemal Revenue Service by advisory
letter dated March 31,2010;
WHEREAS, the Board amended the Plan on December 5, 2013 to comply withrequired changes in federal law and to make certain changes in design, by adopting theFirst Interim Restated Plan, which ineorporated amendments effective on or biforeJuly 1,2014;
WHEREAS, the Board arnended the Plan on September 26,2014 to comply with
required changes in federal law and to make certain changes in design, Uy adopting the
Second Interim Restated Plan, which incorporated amendments effectivi oo or beforeJuly l, 2015;
WHEREAS, the Board amended the Second Interim Restated Plan on March 18,
2015, and September 25,2015, to make certain revisions and technical corrections to the
Plan doouments;
WHEREAS, the Board reserved the right to amend the Plan on behalf ofAdopting Employers in order to retain the qualified status of the Plan in Section 1g.02 ofthe GMEBS Master Defined Benefit Retirement Plan Document ('Master plan,); and
WHEREAS, the Board now desires to amend Section 1g.02 of the Master plan
relating to Amendment of the Plan by GMEBS to require employers with individually
designed plans to separately approve any amendments to the Mastei plan;
NOW, TffiREFORE, BE IT RBSOLVED by the Board this Amendment I ishereby adopted to amend the Second Interim Restated plan, as follows:
1. Effective as of January r, 2016, section 1g.02 of the Master plan,
regarding amendment of the Plan, is hereby amended to be and read as follows:
Section 18.02. Amendment of PIan bv GMEBS.
(a) It is the intent of the Board that the Master Plan, Adoption Agreementfonn and Addendum form (cotlectively referred to for purposes of this Sectioo-18.02 *
"Plan") shall be and remain qualified for tax purposes under the Code. The Administrator
shall timelynubmit the Plan for approval uoder the Code as neoessary, and all expenses
incident thereto shall be bome by the GMEBS lnveshent Fuod.
(b) GMEBS wifi maintain a record of the Participating Employers, and
GMEBS will make reasonable and diligent efforts to ensure that Adopting Employers
have actually received and are aware of all Plan amendments and that such Adopting
Employers adopt new documents when necessary. The provisions of this subsection shall
supersede other provisions of the Plan to the extent those other provisions are
inconsistent.
(c) The Board or the Practitioner, as directed by the Boar4 hereby reserves
the right to amend the Plan without the consent of the Adopting Employers or of
Participants (or any Beneficiaries thereof) to make desired changes in the design of the
Plan. A true copy of the resolution of the Board approving such arnendment shall be
delivered to the Administrator and the Adopting Employers. The Plan shall be amended
in the manner and effective as of the date set fortlr in such resolution, and the Adopting
Employers, Employees, Participants, Benefieiaries, the Adminisfator, and all others
having any interest under the Plan shall be bound thereby.
(d) On and after February 17,2005, the Practitioner shall have the authority to
advise and prepare amendments to the Plan, for approval by the Board, on behalf of all
Adopting Employers, including those Adopting Employers who have adopted the Plan
prior to the January l, 2013, restatement of the Plan, for changes in the Code, ttre
regulations thereunder, revenue rulings, other statements published by lntemal Revenue
Service, including model, sample, or other required good faith amendments (but only if
their adoption will not cause such Plan to be individually designed), and for corrections
of prior approved plans. These amendments shall be applied to all Adopting Employers.
Employer notice and signature requirements have been met for all Adopting Employers
before the effective date of Febnrary 17,2005.In any even! any amendment prepared by
the Practitioner and approved by the Board will be provided by the Adminisrator to
Adopting Employers.
(e) Notrvithstanding the foregoing paragraphs (c) and (d), for any Adopting
Employer as of either:(1) the date the Intemal Revenue Service requires the Adopting
Employer to file Form 5300 as an individually designed plan as a result of an
amendment by the Adopting Employer to incorporate a t),pe of Plan not allowable
in a volume submitter plan, or(2) as of the date the Plan is otherwise considered an individually
designed plan due to ttre nature and extent of the amendme,lrts,
such Adopting Employer shall execute a resolution to adopt any aniendments that are
approved by the Board after the date under subparagraph (l) or (2) above, as applicable,
within the earlier of (i) ninety (90) days after such Board approval, or (ii) if applicable,
the remedial amendment period under Code Section a01@) as applicable to govemmental
plans. If the Adopting Employer is required to obtain a determination let&er for any
reason in order to maintain reliance on the advisory letter, the Practitioner's authority to
amend the plan on behalf of the Adopting Employer is conditioned on the plan receiving
a favorable detennination letter.
2- Section lS.0j of the Plan is hereby deleted in its entirety, all subsequent
sections in Article XVIII shall be renumbered, and all references thereto shall be adjusted
accordingly
3. In all other respects, the Plan shall be and remain unchanged.
The terms of this Resolution axe approved and agreed to by the Board of Trustees of the
Georgia Municipal Employees Benefit system this 27e dayof June 2016.
Adopted by the Board of Tiustees at the meeting held onJune 22, 2016.
Commission Meeting Agenda
8/16/2016 2:00 PM
Charles Smith
Department:Augusta Commission
Department:Augusta Commission
Caption:Motion to reappoint Mr. Charles Smith to the Richmond County
Board of Tax Assessors. (Requested by Mayor Pro Tem Grady
Smith)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
HB 652 - Georgialrtet Page I of2
1.
4.
Willj-ams 114EhAnderson 116th
Iloward 118thConnell 1L5th
.SECTION 3.
3. .Ll].en 117rh
LC 18 9529
2.
5.*I
HB 652
A BII.L IO BE ENrITIIED
elg lc:t
1 To arnend an Act creating the Board of Tax Argcssors for2 Richmond County, approrid April 17, 1973 (ea. L. Lgj3, p.j 2n1.3), as amended by an Act approved March 22, 1rg14 (Ga. L.! L97a, p. 3059), and an Act approved March 30, 1993 ti". r,. -
5 1993, p. 44A2), so as t,o change provisions reLating to the6 membership of the board; to piovide for dj.stricts from which7 members of the board sha1l bL appoint.a; ii provide for8 continued service of sitting meirlers; to provide for other,: related mat,ters; to repeal conflicting :.aws; and for otherru Purposes.
11 BE rr EIIACTED By rHE GENERAT AssEr{BLy oE GEoRGTA:
L2 SECTION 1.
13 An Act creating the Board of rax r.gscggors for Richmond
:1 County, approved April 17, L973 (Ga. L. 1973, p. 2813), as1: arnended by an Act approved March 22, Lg74 (Ga. L. Lg74', p.16 3069), and an Act approved March 30, 1993 ie". i.. L993; n:l7 4482), is amended by striking section g and inserting irr-it"18 place a new Section 3 Eo read as follows:
19
20 (a) There is hereby created, a County Board of tlax2l Asgesgors for Richmond county for the entire t,erritorial22 area of the city and county, and said board shall rrave a:-t23 the duties, po'rers, and authority given to the county tax24 assessors by generar 1aw in executi.ng the purposes of this25 Act. !{i-rhout rimiting the- generalit} of dre ior.goi_ng,--ir26 shaII be the duty of said board to fl.x the values of a.r-r-?1 property located within the ci-ty and the county for aIl28 city, state, county, school, or other tax purposes and. to2:9 prepare the tax digest for the city and co,rnty. Th"E;r;;30 of said board, however, sharl not lxtend to tie as"e"sing:i :f e::1, prcpert], r"rhich must be returned for taxation to the32 state revenue conunissioner or comptroller General.
33 (b) Said board sha1l consist of eight members. Six34 members shall be appoi-nt,ed by trre ioverning authority of
-1-
tc 18 952e
hnp://www.ganet.orglcgi-bin/pub Aegl...llB652&docparrdr[&higirlight=TAxyoTcASSESSOR 4/t/gg
HB 652 - GeorgiaNet PageZ of 2
the consolidated government of Augusta-Richnond County.
Three members shall be appointed who reside in
Cornrnission-Council Distlict 9, as described in an Act
approved t{rarcin 21, 1995 (Ga. t. 1995, p. 3648), as
amended, and three members shall be appointed who reside
ill conrrrission-councii. District 10, as descrj.bed j.n an Acc
aoproved t'/rarct. 21, 1995 (Ga. L. 1995, p. 3648), as
ailLnaea. y'two mesrbers shall be appointed by the
Iegislative delegation consisting of each member of the
eeieral Assembly whose leg5,slative district ls wholly or
partially within the boundaries of Richmond County'
t2 (c) The board members in office immediaLely prior to the
13 effective date of this secti.on shall setrve out the
14 remainder of the teEns for which they were appointed.
15 Thereafter, future appointnents shall be made so as to
L6 bring the membership of the board into coryIiance with t'he
l.l provisions of subsection (b) of this section at the
18 earliest Practicable date'
L9 (d) AII members of the board shall serve for ter:ns of four
20 years and until theil successors take office, except that
2L Lh. governing authority may from time to time, at the time
22 of making a new appoinErrent, and the legj'slative
23 delegation may from tine to tirne, at the tine of making a
24 new ippointment, adjust the term of the new appointee as
25 necessary or appropriate to maintain a system of staggered
26 four-year terms so as to ensule continuity on ttre board at
27 aII times.
28 (e) In case of a vacancy on the board at any time, caused
29 by death, resignati-on, removal, or otherwise, the vacancy
30 s[al1 be fiiled for the renaj.nder of the unexpired term,
3L and the appointment sha1l be urade in the sErme manner as
32 herein proiia"a for the appointment of the members of the
33 board. The members of the board may be removed by the
34 appointing authority only for cause shown for the failure
35 t,o Perform the duties. "
?6 SECTION 2.
37 AlL laws and parts of Iaws in conflict, with this Act are
38 repealed.
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http://www.ganer.org/cgi-bin/pub Aegt...lhB652&docparr=full&higblight=TAx%TcAsSESSOR 4lll9
UPDATED 12/09/16
NAME OF BOARD Augusta-Richmond Board of Tax Assessors
Members Term Appointed Effective Expires Dist.
Renee D’Antignac 4-yr 03/28/12 04/25/12 4/24/16 9 (22)
James W. Scott 4-yr 04/21/15 04/25/15 4/24/19 10 (23)
Charles F. Smith 4-yr 03/28/12 04/25/12 4/24/16 10(23)
Bernard Johnson 4-yr 04/21/15 04/25/15 4/24/19 9(22)
William Lee, IV 4-yr 03/19/13 04/25/13 4/24/17 10(23)
Tracy Williams 4-yr 03/10/13 04/25/13 4/24/17 9(22)
EX-OFFICIO:
Commissioner Bill Lockett
Commissioner Sean Frantom
LEGISLATIVE APPOINTMENTS:
Bryan Simkins 12/09/15 04/24/19
Robert Bledsoe 12/09/15 04/24/19
MEETING DATE: Second Monday of each month 4:00 P.M.
WHERE: Tax Assessor’s Office
FUNCTION: Assess all real estate and personal property.
CREATED: 1973 Ga. L. p. 2813; 1974 Ga. L., p.3069;
1993 Ga. L. p. 4482
CONTACT: Charles Smith at 706-821-1765
COMPENSATION: Chairman $875, members $625.00 per month
Commission Meeting Agenda
8/16/2016 2:00 PM
Authorization Letter Advertise Mill Rates
Department:Administrator
Department:Administrator
Caption:Motion to ratify the August 9, 2016 authorization letter to allow
the Administrator to advertise the proposed 2016 mill rates for
each taxing district along with 5-year history of the digest and to
schedule date of the meeting, August 18, 2016 to adopt the rates
proposed. See Schedule of the 2016 Millage Rates and ratify at
the next regular commission meeting.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available
in the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
August 9,2016
@ the proposed mill rates for each taxing district and to
authorize the Administrator to advertise the required S-year history of the
digest and to schedule the date of the meeting, August 18r2016, to adopt the
rates proposed. see schedule of the 2016 Millage Rates. -I; B<-, f\rlr&{
missioner Bill Fennoy
missioner Dennis Williams
or^ fu- N%+
Ac, vwf"*r Con rrrJ;rri *
l\,cobuO.
I o^$'. . ' commissioner Mury Davis
! J a (
ommissioner Sammie Sias
Commissioner Bill Lockett
l] ,' commissioner Ben Hasan
Commissioner Sean Frantom
tmmissioner Wayne Guilfoyle
Commissioner Marion Williams
ommissioner Grady Smith
m6''
Schedule Ar Augusta - Richmond County, Georgia
Schedule of 2016 Millage Rates
08/09/2016
MILLAGE RATE BY FUND Calculated
Rollback
Rate
2016
Approved
Rate
2015
Proposed
Rate
2016
COUNTY-WIDE GENERAL 16.373 15.764 t5.764
SALES TAX CREDIT 6.581 5.970 5.970
COUNTY GENERAL FUND.NET M&O 9.792 9.794 9.794
URBAN SERVICES GENERAL ll Ill 10.647 10.647
SALES TAX CREDIT - URBAN 5.903 5.431 5.431
URBAN SERVICES DIST..NET M&O 5.208 5.216 5.216
CAPITAL OUTLAY FIIND..0.781 0.781 0.781
FIRE PROTECTION 2.139 2.139 2.139
BLYTTM.FIRE DISTRICT M&O 3.353 3.384 3.384
OUNTY BONDS 0.000 0.000 0.000
TJ.RBAN SERVICES BONDS 0.000 0.000 0.000
URBAN SERVICE BID DISTRICT 5 0.000 0.000 0.000
URBAN SERVICE BID DISTRICT 6 0.000 0.000 0.000
2016 proposed mill rates 08/09/16 $
Commission Meeting Agenda
8/16/2016 2:00 PM
Affidavit
Department:
Department:
Caption:Motion to approve 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