HomeMy WebLinkAbout2019-03-12 Meeting AgendaEngineering Services Committee
Meeting
Commission Chamber- 3/12/2019- 1:10 PM
ENGINEERING SERVICES
1.Approve the Amendment to the Landfill Gas Sales Agreement
with Covia Holdings Corporation. Attachments
2.Approve the Changes to Section 4-2-6 - Fees, and Waive the
Second Reading. Attachments
3.Approve the Environmental Services Department - Augusta
Landfill to Offer Reduced Rate Disposal Day. Attachments
4.Approve the Landfill Disposal Agreement with Inland Waste
Solutions and approve the execution of the Agreement by the
Mayor.
Attachments
5.Receive update regarding Bussey Road Right-of -Way
Acquisition. Attachments
6.Approve execution of Contract Item Utility Agreement to
include Augusta Utilities Department’s water and sanitary
sewer relocations in the Georgia Department of Transportation
contract, through competitive bidding, for GDOT Project PI
220680 SR4/15th Street Widening – Milledgeville to
Government Road.
Attachments
7.Motion to approve the minutes of the Engineering Services
Committee held on February 26, 2019.Attachments
8.Designation of private parking on public parking facilities.
(Requested by Commissioner Marion Williams)Attachments
9.Attachments
Update from the Environmental Services Department regarding
Recycling and the status of the Allied Energy Waste
Reclamation Facility Development.
10.Approve Budget Increase of $1,000,000 for the Sanitary Sewer
Connection Program - RFQ 16-205 awarded to Southern
Services and Universal Plumbing.
Attachments
11.Discuss the railroad crossing at 6th Street. (Requested by
Commissioner Marion Williams - referred from March 5
Commission meeting)
Attachments
12.Update from the Engineering Department staff regarding Kratha
Drive's sidewalks in front of Wilkinson Gardens Elementary
School. (No recommendation from Engineering Services
Committee February 26, 2019 - referred from March 5
Commission meeting)
Attachments
www.augustaga.gov
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Approve the Amendment to the Landfill Gas Sale Agreemeent with Covia Holdings Corp.
Department:Environmental Services
Presenter:Lori Videtto
Caption:Approve the Amendment to the Landfill Gas Sales Agreement
with Covia Holdings Corporation.
Background:In December of 2018, the Environmental Services Department
requested approval for the Gas Sales Agreement with Covia
Holdings Corporation. Covia is "the mine" that is located in
Hephzibah that purchases the landfill gas and uses it instead of,
or along with, natural gas in their processes. In that original
Agreement there was one Section (Section 1.19) which was mis-
stated; and two terms (Section 5.6 and Section 5.7) that were
requested by Covia to be included in the Agreement. The one
error and the two additional sections were not noticed until the
Agreement was routed for signature. As such, at this time ESD
is requesting the approval of the Amendment to the Agreement
so that those terms are included.
Analysis:Section 1.19 in the original Agreement stated that at the point
the pipeline that carries the gas to the mine crosses into the mine
property; the ownership of the pipeline itself changes hands.
This was an error that is being corrected with the Amendment.
The Amendment removes this term and Augusta retains
ownership of the pipeline up to the point that the pipeline meets
Covia's infrastructure. Sections 5.6 and 5.7 include terms that
allow for the clean sale of the gas and that Covia has the right to
inspect Augusta's records in order to verify data and charges.
These terms were included in the original 1996 gas sale
agreement, so there is no change to ESD's operating practices
where the delivery of landfill gas is concerned. As such, ESD is
requesting approval of the Amendment.
Financial Impact:No financial impact at this time.
Alternatives:
Cover Memo
Item # 1
1. Do not approve the Amendment and ask ESD and Covia to re-
negotiate the base agreement. 2. Approve the Amendment as
written.
Recommendation:Approve the Amendment.
Funds are
Available in the
Following
Accounts:
None needed at this time.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 1
Page 1 of 2
AMENDMENT TO LANDFILL GAS PURCHASE AND SALE AGREEMENT
This AMENDMENT TO LANDFILL GAS PURCHASE AND SALE AGREEMENT
(the “Amendment”) is made this ___ day of _______________, 2019 (the “Effective Date”), by
and between COVIA HOLDINGS CORPORATION (the “Buyer”) and AUGUSTA, GEORGIA,
a political subdivision of the State of Georgia (the “Seller”). Buyer and Seller are each
individually also referred to as a “Party” and collectively, as the “Parties.”
WITNESSETH:
WHEREAS, Buyer and Seller entered into that certain Landfill Gas Purchase and Sale
Agreement dated December 28, 2018 (the “Agreement”) for the sale and purchase of landfill gas
produced at Seller’s Municipal Solid Waste Landfill in Blythe, Georgia (the “Disposal Facility”).
WHEREAS, the Parties desire to amend the Agreement by modifying the established
point of delivery clause, adding an indemnification clause, and adding an access to records
clause.
NOW, THEREFORE, in consideration of the mutual covenants of Buyer and Seller, and
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the Parties hereby covenant and agree as follows:
1. Section 1.19 shall be deleted in its entirety and replaced with the following:
1.19 Point of Delivery – means the point on the pipeline at which the meter that
measures the volume of gas delivered to the Buyer is located. This location may
be modified by mutual agreement of Buyer and Seller.
2. Section 5.6 is hereby added to the Agreement and shall read as follows:
5.6 Hold Harmless. Seller represents and warrants to Buyer that it has the full and
unqualified title and/or authority to see all gas delivered hereunder; such gas is
free from all adverse liens and adverse claims attached prior to its delivery to
Buyer or Buyer’s account at the Point of Delivery; and Seller shall, if notified by
Buyer, hold Buyer harmless from and against all claims, suits, actions, damages,
losses, costs and expenses of every kind and character arising from each and
every claim and an and all persons against such gas prior to its delivery to Buyer
at the Point of Delivery.
Seller further warrants that it is a self-insured governmental entity, and any such
claims related to the performance of the Agreement shall be remedied in
accordance with Seller’s self-insurance processes and procedures.
3. Section 5.7 is hereby added to the Agreement and shall read as follows:
5.7 Records Inspection. Buyer shall have the right at all reasonable times to
examine the books and records of the Seller to extent necessary to verify the
Attachment number 1 \nPage 1 of 2
Item # 1
Page 2 of 2
accuracy of any statement, charge, computation or demand made under or
pursuant to this Agreement.
4. All other terms and conditions of the Agreement that are not modified by this Amendment
shall continue in full force and effect.
IN WITNESS WHEREOF, Buyer and Seller have executed this Amendment as of the
Effective Date.
SELLER:
BUYER:
AUGUSTA, GEORGIA COVIA HOLDINGS CORPORATION
By:
By:
Name: Hardie Davis, Jr. Name: _____________________
Title: Mayor Title: ________________________
Attest:________________________________
Lena J. Bonner, Clerk of Commission
Attachment number 1 \nPage 2 of 2
Item # 1
1
Deans Bridge Road Municipal Solid Waste Landfill
Facility Landfill Gas Purchase and Sale Agreement
Attachment number 2 \nPage 1 of 21
Item # 1
1
DEANS BRIDGE ROAD MUNICIPAL SOLID WASTE LANDFILL
LANDFILL GAS PURCHASE AND SALE AGREEMENT
This Landfill Gas Sales Agreement ("Agreement") is made and entered into this__ day of
_______________, 2018, by and between Augusta, Georgia, a political division of the State of
Georgia, hereinafter "Seller" and Covia Holdings Corporation, hereinafter "Buyer''.
WHEREAS, Seller owns and operates the Deans Bridge Road Municipal Solid Waste Landfill,
hereinafter "Disposal Facility,'' located in Blythe, Georgia; and
WHEREAS, Buyer owns and operates a mining and minerals processing facility in Hephzibah,
Georgia, hereinafter the "Processing Facility" that has equipment that utilizes Landfill Gas; and
WHEREAS, the Disposal Facility produces Landfill Gas, as hereinafter defined, from the
decomposition of solid waste brought to the Disposal Facility for disposal; and
WHEREAS, Seller desires to sell and deliver the Landfill Gas to Buyer's Processing Site and to
maintain a pipeline to the Point of Delivery for that purpose; and
WHEREAS, Buyer desires to purchase from Seller Landfill Gas produced at the Disposal Facility
during the term of this Agreement; and
NOW, THEREFORE, and based upon the mutual agreements and covenants herein after set forth,
the parties do hereby agree as follows:
Attachment number 2 \nPage 2 of 21
Item # 1
2
ARTICLE 1 – DEFINITIONS
Unless otherwise required by the context in which any defined term appears, the following terms
shall have the meaning assigned to them in this Article for all purposes including the recitals:
1.1 Average Methane Content – means the monthly numerical average of methane contained in
Landfill Gas delivered to the Point of Delivery.
1.2 Avoided Gas Cost – means the avoided cost of natural gas purchased for the Buyer's
Processing Facility.
1.3 BTU means British Thermal Units or the amount of heat required to raise the temperature of
one pound of water one (1) degree Fahrenheit at sixty (60) degrees Fahrenheit and MMBTU
means one million (1,000,000) BTU.
1.4 Buyer's Equipment has the meaning set forth in Section 2.2 of this Agreement.
1.5 Effective Date - means the date defined in Section 5.1 herein below
1.6 Environmental Attributes means any and all credits, benefits, emissions reductions,
environmental air quality credits, emission reduction credits, renewable energy credits,
renewable energy certificates, offsets, and allowances attributable to the generation,
destruction, purchase, sale, or use of LFG from the Landfill, including, but not limited to, tags,
certificates, credits, allowances, offsets, and similar products or rights attributable to the
generation, destruction, purchase, sale, or use of LFG from the Landfill that can be used to
claim responsibility for, ownership of, or any avoidance or reduction of emissions or pollutants,
including, but not limited to, carbon dioxide, mercury, nitrogen oxide, sulfur oxide, carbon
monoxide, particulate matter or similar pollutants or contaminants of air, water or soil, under
any governmental, regulatory or voluntary program, including the United Nations Framework
Convention on Climate Change and related Kyoto Protocol or other program.
1.7 Facility Flow Meter - means the Landfill Gas flow meter installed by Seller before, the Point
of Delivery which will used to measure the quantity of LFG purchased by Buyer under this
Agreement. The Facility Flow Meter will be used to measure only the gas delivered to the
Buyer for processing.
1.8 Force Majeure means acts of God, fires, storms, lightning, floods, hurricanes, high water
washouts, earthquakes, landslides, explosions, war, blockade, public disorder, acts of the
public enemy, insurrections, riots, epidemics, accidents, casualty, labor disturbances, arrests
and restraints of governments and people, catastrophic events such as explosions, breakage
or accident to equipment caused by an event of Force Majeure, or any other event of similar
cause not reasonably within the control of the affected Party and which, by the exercise of
reasonable diligence, such Party is unable to prevent or overcome. Force Majeure shall not
Attachment number 2 \nPage 3 of 21
Item # 1
3
include the unavailability of or delays in delivery of any product, labor, fuel, service or materials
unless caused by an event that would otherwise be defined herein as an event of Force
Majeure. Force Majeure shall in no event include (a) any change in the economy or in the
markets, pricing or demand for products manufactured at the facility or for recycled materials,
processed or unprocessed, that affects Buyer's ability to use municipal solid waste, processed
or unprocessed, or any component or product thereof, or the price at which recovered
materials can be sold, or (b) increases in the cost of constructing or operating Buyer's
Equipment.
1.9 Gas Collection System - shall mean the network of Landfill Gas collection headers,
interconnecting pipes, valves, monitoring and measuring equipment, filters, coolers, vacuum
pumps, flares, blowers, and other equipment currently installed or to be installed at the
Disposal Facility and used in the extraction, collection, production, or transporting of Landfill
Gas up to the Point of Delivery.
1.10 Good Engineering Practice shall mean any practices, methods, or acts which, in the exercise
of reasonable judgment in light of the facts known would have been expected to accomplish
the desired result in a manner consistent with reliability, safety, project economics, and
applicable laws and regulations for similar projects in the State of Georgia. This term is not
intended to be limited to one practice or method to the exclusion of all others.
1.11 Governmental Authority means any federal, state, regional, city or local government, any
political subdivision thereof, or any other governmental, quasi-governmental, judicial, public
or statutory instrumentality, authority, body, agency, commission, administration, bureau,
department, board, bureau, court or other entity.
1.12 Hazardous Materials means all materials which have been determined to be hazardous to
health or the environment by virtue of being defined by the Resource Conservation and
Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act,
regulated by the Toxic Substances Control Act, the Federal Insecticide, Fungicide and
Rodenticide Act, or regulated by any other applicable federal, state, or local law. Reference to
specific statutes includes amendments as they are made from time to time, as well as the
regulations promulgated there under.
1.13 Inflationary Index means the Consumer Price Index for All Urban Consumers ("CPl-U"),
Atlanta, Georgia - Atlanta, Georgia, All Items published by the United States Department of
Labor, Bureau of Labor Statistics ("BLS"), or its successor.
1.14 Landfill shall mean the Deans Bridge Road Municipal Solid Waste Landfill located in Blythe,
Georgia.
1.15 Landfill Gas or LFG means any and all gases resulting from the anaerobic decomposition of
refuse material within the Landfill disposal cells, consisting principally of methane, carbon
Attachment number 2 \nPage 4 of 21
Item # 1
4
dioxide, and other constituent gases.
1.16 Legal Requirements means any applicable law, order, codes, writ, decree, judgment,
requirement, guideline, action, permit, ordinance, rule and regulation of any Governmental
Authority whether existing as of the Effective Date of this Agreement or subsequently
amended, enacted or promulgated hereafter.
1.17 Maximum Consumption - means that quantity of LFG that is greatest volume useable by
Buyers equipment located at the Processing Site in a month. Said term shall not be construed
as a guarantee of consumption at any time during the term or renewal term of this Agreement.
1.18 Permit(s) means all actions, reviews, approvals, consents, waivers, exemptions, variances,
franchises, orders, permits, authorizations, rights, licenses, filings, zoning changes or
variances, and entitlements of whatever kind and however described which are required under
applicable law to be obtained or maintained by any person with respect to the activities
contemplated herein.
1.19 Point of Delivery – means the point at which the Sellers gas transmission pipeline enters the
Buyers property, which also shall mark the change of pipeline and LFG ownership from Seller
to Buyer.
1.20 Processing Site – means the Covia Corporation facility located at 1 Albion Road in Hephzibah,
Georgia.
1.21 Processing System - means all piping, valves, pumps, monitoring devices, compressors,
scrubbing units, engines, generators and related equipment installed on the Processing Site
utilized by Buyer to process the Landfill Gas.
1.22 Scheduled Interruptions means an interruption resulting when all or a portion of the
respective systems owned by either Buyer or Seller is deliberately taken out of service at a
selected time for purposes of maintenance, repair or construction.
1.23 Unscheduled Interruptions means an interruption resulting when all or a portion of the
respective systems owned by either Buyer or Seller is taken out of service at an unexpected
time due to an outage caused by utility outages, equipment failure, human error or other
unexpected condition.
ARTICLE 2 - CONSTRUCTION OF NEW FACILITIES
2.1 Seller's Equipment. Seller shall be solely responsible and liable for designing, constructing,
operating, maintaining, and repairing the Gas Collection System and for the pipeline
necessary to deliver LFG to the Processing Site. Seller shall be responsible for obtaining all
Attachment number 2 \nPage 5 of 21
Item # 1
5
permits relating to the construction and operation of the Gas Collection System.
2.2 Buyer's Equipment. Buyer shall be solely responsible and liable for designing, constructing,
operating, maintaining, and repairing any and all equipment and facilities necessary to utilize
the landfill gas at the Processing Facility. Buyer shall be responsible for obtaining all Permits
relating to the construction and operation of Buyer's Equipment, including, without limitation,
any easements and rights-of-way. Buyer shall indemnify and hold Seller harmless from and
against any and all claims, actions, losses, damages, and expenses relating to or arising from
Buyer's ownership, use, operation, repair, and/or maintenance of Buyer's Equipment.
2.3 Mutual Support. Each Party shall exercise reasonable efforts to support and assist the other
Party in the acquisition of all permits and authorizations and in fulfilling the obligations
described above. Such support shall include participating in regulatory proceedings and
providing information concerning each Party’s operations.
ARTICLE 3 – SALE AND PURCHASE OF LANDFILL GAS
3.1 Delivery and Purchase Obligation. Seller shall deliver and sell to Buyer and Buyer shall
accept and purchase the LFG under the terms and conditions set forth in this Agreement.
Buyer agrees to purchase gas delivered to the Point of Delivery as measured by the Seller’s
Flow Meter.
3.2 Seller's Right to Additional LFG. When and if additional LFG becomes available at the
Disposal Facility in sufficient quantities to fuel other projects, the parties agree that Seller shall
have the right to the excess gas.
3.3 Quantity in Excess of the Buyer's Ability to Use. Any LFG produced by the Seller in excess
of the Buyer's Ability to Use will be made available for purchase by Buyer, but Buyer shall not
be required to purchase LFG. Buyer shall notify Seller by January 1st of each year (the "Notice
Date") of this agreement of the Maximum Consumption of gas that it intends to buy for the
coming year. Once notice is given as set forth above, the election shall be binding upon both
Buyer and Seller.
3.4 Use of LFG Not Taken. Seller shall be free to utilize, dispose of, or sell to a third party all
LFG tendered to Buyer under Section 3.2 but not purchased by Buyer for any reason beyond
the Maximum Consumption by Buyer reserved pursuant to Section 3.3. Seller shall not commit
to any contract to any third party such that Buyer would not be supplied with enough LFG to
meet its Maximum Consumption. Should Seller enter in to a contract with a third party, the
volume of gas under contract with a third party shall not be offered to Buyer until such time as
the contract is up for renewal or expiration at which time Buyer shall have first right of refusal
for the additional gas before any other third party has a right to purchase LFG. Under no
circumstance shall a third party contract be allowed a quantity of gas such that the Maximum
Attachment number 2 \nPage 6 of 21
Item # 1
6
Consumption provided in Section 3.3 to Buyer is compromised. Seller notes that the quantity
of LFG output over time probably declines unless gas from additional phases of the Landfill is
added to present LFG output. Seller will take such decline in output into consideration when
entering into third party contracts to ensure Buyer's Maximum Consumption quantity is
protected.
3.5 Quantity and Quality of Landfill Gas. Buyer understands and acknowledges that, due
to the unpredictable nature of LFG production and collection operations, actual delivery rates,
quality and pressure will vary and there may be rapid or instantaneous material charges in the
rate of flow and pressure of delivery. Buyer further understands and acknowledges that Seller
is not providing any guarantees, warranties, or representations as to the quality or quantity of
LFG to be delivered to Buyer. Seller shall operate the Disposal Facility and Seller's Equipment
in a prudent and efficient manner in order to use its best efforts to provide Buyer with the LFG
available from the Disposal Facility while maintaining compliance with Disposal Facility
environmental compliance requirements of law, permit or regulation.
3.6 Combustion of LFG Not Utilized by Buyer. Notwithstanding anything to the contrary set
forth in this Agreement, in the event Buyer fails to take the LFG that Seller delivers to the Point
of Delivery on any given day, Seller may divert, sell to a third party or flare all such LFG subject
to the limitations in Section 3.4 above.
3.7 Operating Standard. Seller shall install, operate, and maintain Seller's Equipment in
accordance with Good Engineering Practice. Seller shall have no obligation to compensate
Buyer for a reduction in the amount of LFG resulting from the aging of the Disposal Facility,
compliance with environmental regulations (except in the event of a Change In Law), or any
other reason. Buyer shall install, operate, and maintain Buyer's Equipment in accordance with
Good Engineering Practice.
3.8 Priority of Disposal Facility Operations. Buyer acknowledges and agrees that the primary
use of the Disposal Facility is as a municipal solid waste landfill, and that the LFG shall be
limited to production from the Disposal Facility. Notwithstanding anything to the contrary set
forth in this Agreement, at all times during the Term hereof, Seller shall have the right to
operate the Disposal Facility, and to take all actions at its own cost and expense that Seller
deems in good faith necessary or appropriate in connection with the operation and
maintenance of the Disposal Facility including actions to comply with any Legal Requirements.
3.9 Price. The price of LFG purchased by Buyer for the Term of this Agreement as specified in
Section 5.1 shall be at a price equal to a percentage of the avoided cost of natural gas
purchased for the Buyer’s Processing Site. The value used as the avoided cost of natural gas
shall be based on the weighted-average cost at which the Buyer purchased natural gas for the
Processing Site during the previous month as reported to Seller by the Buyer. Seller shall have
the right to review and audit any records pertaining to the determination of the avoided cost
of natural gas. The avoided cost of natural gas for the previous month shall be used for all
Attachment number 2 \nPage 7 of 21
Item # 1
7
payments during the month as set forth in the following: an amount to eighty percent (80.00
%) of the Avoided Gas Cost for the first eight-thousand- five-hundred (8,500) MCF of Landfill
Gas in the month; sixty five percent (65%) of the Avoided Gas Cost for the next six -thousand-
five-hundred (6,500) MCF of Landfill Gas in the month; and fifty percent (50%) of the Avoided
Gas Cost for the gas in excess of fifteen thousand (15,000) MCF of Landfill Gas in the month.
Avoided Gas Costs for the year 2017 are shown in Exhibit A.
3.10 Invoices, Payment. Seller shall electronically record the total monthly LFG flow for each
monthly period from the Facility Flow Meter. Seller shall prepare and send to Buyer by the
tenth (10th) day of each month an invoice which shall be accompanied by a report showing
amounts for monthly LFG volume, Average Methane Content, and calculated monthly costs.
Buyer shall remit payment to Seller within thirty (30) days following receipt of Seller's invoices,
which payment date shall be identified on Seller's invoices. A sample bill is shown in Exhibit B.
3.11 Average Methane Content Determination. Average Methane Content of Landfill Gas may
be determined by a continuous monitoring instrument or handheld instrument. If determined
by a handheld instrument, a minimum of four (4) discrete measurements per calendar month
are required to calculate a valid average. If the minimum number of measurements is not
available, the average of the three previous valid monthly Average Methane Content will be
used.
3.12 Meter Tests. Seller shall maintain the Facility Flow Meter used to measure the LFG in good
condition and repair, and shall have the Facility Flow Meter inspected periodically by a
reputable third party, but at least once each year. Copies of the inspection reports shall be
made available to Buyer upon request. Buyer may install and maintain a Buyer's Flow Meter at
or after the Point of Delivery. The Buyer's Flow Meter shall be maintained for and by the Buyer
and will be used to measure LFG flows to Buyer's Equipment for purposes of determining
monthly payments as provided in Section 3.14.
3.13 Meter Out of Service. If for any reason, the Facility Flow Meter is out of service or out of
repair so that the amount of LFG delivered and used by Buyer cannot be ascertained or
determined from its readings, the volume content of LFG delivered to Buyer during such
period when the Facility Flow Meter is out of service shall be determined by readings from
Buyer's flow meter. Buyer's flow meter shall be inspected at least once per year by a reputable
third party. Buyer shall supply copies of inspection reports to Seller upon request. If the Buyer's
flow meter is out of service during the same period of time Seller's flow meter is out of service,
the quantity of methane Buyer shall be billed for shall be determined by averaging the quantity
of methane used by Buyer in each of the prior three months.
3.14 Errors in Billing. Should either party find at any time within one (1) year after the elate of any
invoice rendered by Seller that there has been an undercharge or an overcharge in the amount
billed in the invoice, the party finding the error shall promptly notify the other party in writing.
In the case of an undercharge, Seller shall submit a statement for such undercharge with no
Attachment number 2 \nPage 8 of 21
Item # 1
8
interest included, and Buyer, upon verifying the same, shall pay such an amount within thirty
(30) days after receipt of the statement. In the case of an overcharge, Seller, upon verifying the
same, shall refund the amount of the overcharge to Buyer within thirty (30) clays of notification
by Buyer, but without interest. Neither Seller nor Buyer shall have any liability for any
undercharge or overcharge relating to invoices over one year old.
3.15 Buyer Shall Not Sell the LFG. Notwithstanding anything to the contrary set forth in this
Agreement, Buyer agrees and covenants that it shall not sell, redirect, redeliver, transport or
market the LFG, or any portion thereof to any third party. Moreover, and without limiting the
generality of the foregoing, Buyer represents and warrants that it shall use the LFG only at the
Processing Site.
ARTICLE 4 – RESERVED
ARTICLE 5 -- TERM, TERMINATION, AND DEFAULTS
5.1 Term. Subject to the other provisions contained herein, this Agreement shall become
effective on the date of execution and shall continue in effect for a period of five (5) years
beginning on the date of execution. No later than twelve (12) months prior to expiration of
this Agreement, Buyer can give written notice to Seller that it wishes to extend the term of
this Agreement for additional five (5) year term beyond the initial five (5) year term. Any
extension to the initial term or additional terms shall be by mutual agreement between both
Seller and the Buyer. This Agreement shall (i) terminate absolutely and without further
obligation on the part of Augusta each and every December 31st, as required by OCGA Sect.
36-60-13, as amended, unless terminated earlier in accordance with the termination
provisions of ths Agreement; (ii) automatically renew on each January 1st, unless terminated
in accordance with the termination provisions of this Agreement; and (iii) terminate
absolutely, unless extended by written amendment.
5.2 Seller's Right to Terminate. Seller shall have the right to terminate this Agreement by
written notice to Buyer submitted not later than thirty (30) days following the occurrence of
any of the following :
(a) Should Buyer fail to make any payment required under this Agreement within thirty
(30) Days after receipt of a written notice from Seller to Buyer that such payment is at
least ten (10) days overdue.
(b) Should Buyer commit a material breach of this Agreement and such breach remains
uncured for thirty (30) days following written notice of such breach from Seller.
(c) Should Buyer fail to perform its obligations under this Agreement due to an event of
Force Majeure that lasts longer than six (6) months.
Attachment number 2 \nPage 9 of 21
Item # 1
9
(d) Should any involuntary proceeding be initiated against Buyer under the bankruptcy or
insolvency laws, which involuntary proceeding remains undismissed for thirty (30)
consecutive days, or in the event of the initiation by Buyer of a voluntary proceeding
under the bankruptcy or insolvency laws.
(e) Notwithstanding anything set forth in this Agreement to the contrary, Seller's right to
terminate pursuant to the terms of this Section 5.2 shall be in addition to any other
damages that Seller is entitled to under this Agreement and is not an express limitation
of damages related to Buyer's default or failure to perform its obligations under this
Agreement.
(f) Termination for Conveneince. Seller may terminate this Agreement at its convenience
without cause by providing Buyer with one hundred eighty (180) days written notice.
5.3 Buyer's Right to Terminate. Buyer shall have the right to terminate this Agreement by
written notice to Seller, submitted no later than thirty (30) days following the occurrence of
the following:
(a) Should Seller commit a material breach of this Agreement and such breach remains
uncured for thirty (30) days following written notice of such breach from Buyer.
(b) Should Seller fail to perform its obligations under this Agreement due to an event of
Force Majeure that lasts longer than six (6) months.
(c) Should any involuntary proceeding be initiated against Seller under the bankruptcy or
insolvency laws, which involuntary proceeding remains undismissed for thirty (30)
consecutive days, or in the event of the initiation by Seller of a voluntary proceeding
under the bankruptcy or insolvency laws.
5.4 Buyer's Sole Remedy for Seller's Failure to Satisfy Delivery Obligations. Notwithstanding
anything to the contrary set forth in this Agreement, should Seller fail to satisfy its
obligations to deliver Landfill Gas as set forth in this Agreement, Buyer may terminate this
Agreement as set forth in Section 5.3(a), as Buyer's sole and exclusive remedy for any such
failure, unless Seller's failure to satisfy its obligations to deliver Landfill Gas as set forth in this
Agreement is caused by a Force Majeure event in which case Buyer shall be entitled to
terminate this Agreement pursuant to Section 5.3(b) as Buyer's sole and exclusive remedy.
5.5 Effect of Termination. Any provision of this Agreement which specifically states it survives
the termination of this Agreement, shall survive any termination of this Agreement;
provided, that nothing herein shall relieve any Party from liability for the willful breach of any
of its representations, warranties, covenants or agreements set forth in this Agreement.
Attachment number 2 \nPage 10 of 21
Item # 1
10
ARTICLE 6--ENVIRONMENTAL ATTRIBUTES
6.1 Destruction of Landfill Methane. Seller retains one hundred percent (100%) of any and all
Environmental Attributes associated with the LFG whether this LFG is sold to Buyer, flared
at the Landfill, or otherwise destroyed, including, without limitation, any Environmental
Attributes attributable to the generation, destruction, purchase, sale, or use of LFG from the
Landfill.
6.2 Responsibility and Cooperation. The parties agree that the responsibility to apply for,
qualify for and obtain any emission credits, tax credits, offsets, demonstrations of regulatory
compliance and other rights is the responsibility of Seller and Seller shall be wholly
responsible for the costs associated therewith. The parties agree to cooperate with each
other in providing information and other reasonable cooperation as needed to secure these
credits, offsets, and other rights with respect to Article 6 of this Agreement.
6.3 No Representation. The parties agree that the existence of these credits, offsets, and other
rights is beyond their individual control and are matters defined in the market place and at
law. No representation is made herein by either party that such credits, offsets, and other
rights exist, will continue to exist, or have monetary value.
ARTICLE 7 - COORDINATION OF INTERRUPTIONS
7.1 Scheduled Interruption. Buyer and Seller shall coordinate timing of any Scheduled
Interruption of their respective systems in order to minimize overall project downtime.
Notice of a Scheduled Interruption by either Buyer or Seller shall be given to the other party
as soon as practicable and not less than 3 days prior to occurrence of the Scheduled
Interruption. Notice shall include the reason for and expected duration of the Scheduled
Interruption.
7.2 Unscheduled Interruption. In the event that an Unscheduled Interruption occurs on either
Buyer's or Seller's system, notice of the Unscheduled Interruption including the cause and
estimated duration of the Unscheduled Interruption shall be given to the other party as soon
as practicable and not more than 4 hours following the occurrence of the Unscheduled
Interruption. Notice shall also be given to the other party as soon as the Unscheduled
Interruption has been remedied and regular delivery of Landfill Gas can resume.
ARTICLE 8-TAXES
8.1 Taxes Buyer shall retain the rights to any tax credits related to the Processing Equipment and
other construction costs.
Attachment number 2 \nPage 11 of 21
Item # 1
11
8.2 The Buyer shall pay all sales, consumer, use and other similar taxes required by the law of the
place where the Work is performed. The Seller will be responsible for any sales or use tax due
on materials furnished by the Seller to the Buyer to be incorporated into the Work.
ARTICLE 9 - REPRESENTATIONS AND WARRANTIES
9.2 Representations and Warranties of Seller. Seller represents and warrants that:
(a) This Agreement has been duly authorized by all necessary persons and bodies and
Seller has full power and authority to enter into this Agreement and perform its
obligations hereunder.
(b) Seller is not a party to any litigation, or subject to any judgment, order, or decree, or
party to any other contract, which would materially affect its performance of its
obligation under this Agreement.
9.3 Representations and Warranties of Buyer. Buyer represents and warrants that:
(a) Buyer has done its due diligence and agrees that the Landfill Gas delivered to the
Processing Facility will be acceptable for use. Buyer shall be solely responsible for all
compliance with all Legal Requirements after the landfill gas is delivered to the
Processing Facility, and shall hold Seller, its officers, employees, and agents harmless
from and against all claims, suits, actions, damages, losses, costs, and expenses of every
kind and character arising from each and every claim of any and all persons against the
Landfill Gas after its delivery to the Processing Facility.
(b) This Agreement has been duly authorized and Buyer has full power and authority to
enter into this Agreement and perform its obligations hereunder.
(c) Buyer is not a party to any litigation, or subject to any judgment, order, or decree, or
party to any other contract, which would materially affect its performance of its
obligations under this Agreement.
9.4 Disclaimer of Warranties. Notwithstanding anything to the contrary set forth in this
Agreement. Buyer accepts the condition of the Disposal Facility and the Landfill Gas "AS IS,
WHERE IS, WITH ALL FAULTS", and Buyer acknowledges that Seller has not made and does
not hereby make, and specifically disclaims, any representations, guarantees, promises,
covenants, agreements or warranties of any kind or nature whatsoever (except for those
specifically set forth in Section 9.1 hereof). whether past, present or future, oral or written,
expressed or implied, including any representation or warranty with respect to
merchantability, fitness for a particular purpose, conformity to models or samples, concerning
the condition, or quality of the Disposal Facility or the Landfill Gas and their fitness for any
particular use, purpose, business or activity contemplated, intended or ongoing, including
Attachment number 2 \nPage 12 of 21
Item # 1
12
Buyer's purposes under this Agreement or the quantity or quality of landfill gas at any time.
Buyer waives any claim it may have against Seller based on the actual content or
characteristics of the landfill gas sold and purchased hereunder.
ARTICLE 10 - FORCE MAJEURE
10.1 Force Majeure. If Buyer or Seller is rendered unable, wholly or in part, by an event of Force
Majeure to carry out its obligations under this Agreement, other than to make a payment for
amounts accrued, such Party shall give to the other Party prompt written notice of the event
of Force Majeure with a detailed description of the events or circumstances that constitute
such Force Majeure, including the nature of the occurrence and its expected duration, and
continue to furnish timely regular reports with respect thereto during the period of Force
Majeure; thereupon, the obligations of the Party giving the notice so far as they are affected
by the Force Majeure shall be suspended during the continuance of the event (other than
accrued obligations to make payments); provided that the suspension of performance is of no
greater scope and of no longer duration than is required by the Force Majeure. A Party whose
performance is affected by an event of Force Majeure shall use best efforts to remove the
event of Force Majeure as quickly as practicable. No Force Majeure event shall extend this
Agreement beyond its stated term.
10.2 Strikes and Lockouts. It is understood and agreed that the settlement of strikes or lockouts
shall be entirely within the discretion of the party experiencing the strike or lockout or having
the difficulty, and that the foregoing requirement that any Force Majeure shall be remedied
with all reasonable dispatch shall not require the settlement of strikes or lockouts by acceding
to the demands of the opposing party when such course is inadvisable in the discretion of the
party having the difficulty.
ARTICLE 11 - INDEMNITY
11.1 Buyer's Environmental Indemnity. Buyer agrees to indemnify and hold Seller, its agents,
contractors, subcontractors, employees, or invitees harmless from any and all claims,
damages, fines, judgments, penalties, costs, liabilities, or losses arising from or due to the
presence of Hazardous Materials on Buyer's Processing Site either existing at the time of or
which may have been brought to its property after the execution of this Agreement, provided
that Buyer shall have no obligation under this Article for Hazardous Materials which are
introduced to or released on Buyer's Processing Site by Seller, its agents, contractors,
subcontractors, employees, or invitees.
Buyer's Indemnity. Buyer shall indemnify, defend, and hold harmless Seller from and against
any claims, loss, damage, liabilities, fines, penalties, cost, and expense, including court costs
and reasonable attorneys' fees, incurred or suffered by Seller:
Attachment number 2 \nPage 13 of 21
Item # 1
13
(a) To the extent relating to the Landfill Gas while in Buyer's control or possession.
(b) For personal injury, death, or property damage caused by Buyer or its agents' negligent
acts or omissions arising from or relating to this Agreement.
(c) Arising from claims or liens for labor performed or materials furnished for Buyer's
Processing Facility or relating to Buyer’s Equipment.
11.2 Limitation of Liability. Notwithstanding any other term of this Agreement to the contrary, in
no event shall either party be liable to the other for any indirect, special, incidental, or
consequential loss or damage of any type, including, but not limited to lost profits and damage
to goodwill or reputation with respect to any claim, whether based on contract, tort (including
negligence), warranty, strict liability, implied warranty, or otherwise.
ARTICLE 12 - INSURANCE
12.1 Buyer's Insurance. Buyer shall at all times carry and maintain, at its own expense, the
minimum insurance coverage set forth in this Section12.1. The terms and conditions of such
insurance policies (including the amount, scope of coverage, deductibles and self-insured
retentions) shall be commercially reasonable shall carry and maintain the following insurance
policies: (1) Commercial General Liability for the Processing System with primary coverage
limits of no less than $10,000,000.00, (ii) Automobile Liability, including coverage for owned,
non-owned and hired vehicles for both bodily injury and property damage, with combined
single limits of no less than $1,000,000.00,(iii) Workers Compensation insurance to statutory
limits and employer's liability with a limit of not less than $1,000,000.00; (iv).
Property/Machinery Breakdown or 'all-risk" insurance, as such term as used in the common
practice of the insurance industry as of the date of this Agreement, in an amount not less than
full replacement cost of the Processing Plant and all equipment necessary to its proper
functioning, (v) Business Interruption insurance on an "all-risk" basis in an amount not less than
policy coinsurance requirements and twelve months operating expenses, and (vi) Umbrella
liability insurance of not less than $5,000,000.00. Seller shall be named as an additional insured
on the above policies. Buyer shall submit proof of such insurances to Seller within five (5)
business days of the execution of this Agreement.
ARTICLE 13 - MISCELLANEOUS PROVISIONS
13.1 Assignability. Except as otherwise provided, neither party may at any time transfer, assign, or
delegate its rights or duties under this Agreement without the express prior written consent
of the other party, which shall not be unreasonably withheld; and the terms of this Agreement
shall be binding on and inure to the benefit of the successors and assigns of the parties. Any
attempted assignment in violation of this Section 13.1 shall be null and void.
Attachment number 2 \nPage 14 of 21
Item # 1
14
13.2 Severability and Non-Waiver. In the event any sentence or section of this Agreement is
declared by a court of competent jurisdiction to be void, such sentence or section shall be
deemed severed from the remainder of this Agreement, and the balance of this Agreement
shall remain in effect. Either party's waiver of any breach, or failure to enforce any of the terms
and conditions of this Agreement, shall not in any way affect, limit, or waive such party's right
thereafter to enforce and compel compliance with every term and condition of this Agreement
or to terminate this Agreement for breach.
13.3 Patents: The Buyer shall hold and save the Seller, the Engineer and their agents harmless from
liability of any kind, including cost and expenses, reasonable attorney's fees, for, or on account
of, any patented or unpatented invention, process, article, or appliance manufactured or used
in the performance of the Work, including its use by the Buyer. If the Buyer uses any design,
process, device or materials covered by letters, trademarks, patent or copyright, the Buyer
shall provide for such use by suitable agreement between the Buyer and the holder of such
patented or copyrighted design, device or material. The Contract prices shall include royalties
or costs arising from the use of such design, device or materials, in any way involved in the
Work. The Buyer and the Buyer's sureties shall indemnify and save harmless the Seller, the
Engineer and their agents from claims for infringement by reason of the use of such patented
or copyrighted design, process, device or materials or any trademark or copyright in
connection with Work agreed to be performed under this Contract, and shall indemnify the
Seller, the Engineer and their agents for any cost, expense, damage and reasonable attorney's
fees which it may be obliged to pay by reason of such infringement, at any time during the
prosecution of the Work or after completion of the Work
13.4 Rights and Remedies. In the event of a material breach of this Agreement by either Party, the
non-- breaching Party shall have all rights and remedies available under the laws of the State
of Georgia, including the right to require that this Agreement be performed in accordance with
its written terms and conditions. All claims, disputes and other matters in question between
the Seller and the Buyer arising out of or relating to the Agreement, or the breach thereof,
shall be decided in the Superior Court of Richmond County, Georgia. The Buyer, by executing
this Agreement, specifically consents to venue in Augusta and waives any right to contest the
venue in the Superior Court of Richmond County, Georgia.
13.5 Notices. Any notice which is permitted or required under this Agreement shall be duly given if
in writing and either delivered personally to the person whom it is required to be given or sent
registered or certified mail, return receipt requested, postage prepaid as follows:
If to Buyer: Covia Holdings Corporation
1 Albion Road
Hephzibah, Georgia 30815-4929
If to Seller: Augusta, Georgia
Environmental Services Department
Attachment number 2 \nPage 15 of 21
Item # 1
15
4330 Deans Bridge Road
Blythe, Georgia 30805
With copy: Augusta Georgia
Office of the Mayor
535 Telfair Street, Suite 200
Augusta, Georgia, 30901
Each Party shall have the right, from time to time, to designate a different address by notice
given in conformity with this Section.
13.6 Access. Upon reasonable advance notice not less than 24 hours, each party agrees to provide
the other, and its agents, representatives, and contractors with access to its property and
equipment during normal business hours (not including nights, weekends, and holidays) for
the purpose of inspection and carrying out its rights and obligations under this Agreement.
While on Buyer's property, Seller, its agents, and contractors shall at all times conduct
themselves in a safe and prudent manner. While on Seller's property, Buyer, it agents, and
contractors shall at all times conduct themselves in a safe and prudent manner.
13.7 Open Records Act. The Parties shall comply with the Georgia Open Records Act, OCGA 50-
18-70 et seq.
13.8 Counterparts. This Agreement may be executed in several counterparts, and as executed shall
constitute one agreement binding on all of the parties hereto.
13.9 Captions. Captions in this Agreement are solely for the convenience of the Parties and are not
part of the Agreement, and shall not be used for the interpretation or determination of the
validity of the Agreement or any provision thereof.
13.10 Entire Agreement. This Agreement, inclusive of all Exhibits attached hereto, constitutes the
entire understanding between the Parties with respect to the subject matter hereof and
supersedes all previous written and oral negotiations, commitments, proposals and writings.
13.11 Governing Law. This Agreement shall be governed by the substantive laws of the State of
Georgia without reference to its conflicts of law provisions.
13.12 Amendments. This Agreement and any part thereof may be amended at any time by mutual
agreement of the Parties; however, no modifications, alteration, amendment, or revision of
this Agreement shall be binding upon either Party unless executed in writing by the Party to
be bound.
13.13 Independent Contractors. Seller and Buyer are independent contractors. Neither Party is or
shall be deemed an agent, servant, or employee of or a joint venture with the other Party, and
neither Party shall have the authority to incur debts or liabilities in the name of the other or
Attachment number 2 \nPage 16 of 21
Item # 1
16
otherwise bind the other Party to any contract, debt, or other obligation.
Attachment number 2 \nPage 17 of 21
Item # 1
17
IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above
written.
COVIA HOLDINGS CORPORATION
By:
Printed Name:
Title:
ATTEST:
By:
Printed Name:
Title:
AUGUSTA, GEORGIA
By:
Printed Name:
Title:
Attachment number 2 \nPage 18 of 21
Item # 1
18
LIST OF EXHIBITS
Exhibit A Avoided Gas Costs for 2017
Exhibit B Sample Bill Calculation for 2017
Attachment number 2 \nPage 19 of 21
Item # 1
19
Exhibit A
Avoided Gas Costs for 2017
Month Index Fuel Transport Std. AGL Tax Total
Jan-17 $3.930 $0.10 $0.150 $0.10 $0.17 $4.46
Feb-17 $3.391 $0.09 $0.150 $0.10 $0.15 $3.88
Mar-17 $2.627 $0.07 $0.150 $0.10 $0.12 $3.06
Apr-17 $3.175 $0.08 $0.150 $0.10 $0.14 $3.65
May-17 $3.142 $0.08 $0.150 $0.10 $0.14 $3.61
Jun-17 $3.236 $0.09 $0.150 $0.10 $0.14 $3.71
Jul-17 $3.067 $0.08 $0.150 $0.10 $0.14 $3.53
Aug-17 $2.969 $0.08 $0.150 $0.10 $0.13 $3.43
Sep-17 $2.961 $0.08 $0.150 $0.10 $0.13 $3.42
Oct-17 $2.974 $0.08 $0.150 $0.10 $0.13 $3.43
Nov-17 $2.752 $0.07 $0.150 $0.10 $0.12 $3.20
Dec-17 $3.074 $0.08 $0.150 $0.10 $0.14 $3.54
Notes 1) Index is the NYMEX:NG Index
Attachment number 2 \nPage 20 of 21
Item # 1
20
Exhibit B
Sample Bill Calculation for 2017
Attachment number 2 \nPage 21 of 21
Item # 1
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Approve the Changes to Section 4-2-6 - Fees, and Waive the Second Reading
Department:Environmental Services
Presenter:Lori Videtto
Caption:Approve the Changes to Section 4-2-6 - Fees, and Waive the
Second Reading.
Background:In November 2018, ESD requested approval to draft a revision
to Section 4-2-6 of the Augusta Code. This section covers fees
for use of the Landfill. At this time, ESD is bringing the revised
Section back to the Committee and Commission for approval;
and requesting that the second reading be waived. The fees to
use the Landfill are set and have not been updated in
approximately 12 years. The current rates have been reviewed
and are competitive, however in order to remain in good
financial status, to work to attract additional customers, and to
reflect current and future operations, minor updates are
requested at this time.
Analysis:The following changes are requested at this time: 1. offer a
separate rate for clean construction and demolition waste at
$26/ton. 2. add a rate for commercial quantities of recyclables at
$25/ton. 3. add a minimum charge for non-commercial
customers at $6. Change the 4-6 bag fee from $2 to $3. 4. Allow
the Administrator the authority to approve a negotiated rate per
customer or per specific job. Augusta's landfill has not operated
with a separate rate for construction and demolition waste,
however, with other C&D landfills in the area, it is
recommended that Augusta offer a market-competitive rate for
C&D materials. Other landfills in the area offer C&D disposal
between $24.50 and $31.50, but they also offer a more detailed
rate structure (per size of truckload, or per mattress, for
example). Secondly, recyclables are currently accepted for no
charge, however this was intended for residential customers
only. With more neighboring communities wanting to recycle,
Augusta is requesting to set a rate to accept larger quantities of
recyclables. Finally, allowing the Administrator the authority to
approve a negotiated rate for special projects, usually larger
Cover Memo
Item # 2
projects, to encourage the use of the Augusta landfill, is also
being requested at this time. This is a common practice at private
facilities, and again, will keep our landfill competitive in the
area.
Financial Impact:There is no financial impact at this time; however it is
anticipated that the proposed rate adjustments will attract more
customers to the facility.
Alternatives:1. do not approve, and allow the rates to remain as-is. 2. propose
additional changes in addition to those proposed herein.
Recommendation:Approve the recommended changes.
Funds are
Available in the
Following
Accounts:
No funds are needed at this time.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 2
Sec. 4-2-2. Unlawful dumping or storing of solid
waste, or the accumulation of weeds and noxious
vegetation on vacant lots, and unoccupied parcels of
land.
(a) Prohibition.
No owner of any vacant lot, undeveloped lot or
unoccupied parcel of land within Augusta shall
permit or allow the existence of excessive
accumulation or untended growth of weeds,
undergrowth or other plant life grow to a height
exceeding twelve (12) inches; or stagnant water,
rubbish, garbage, refuse, debris, trash, including
but not limited to household furnishings, and all
other objectionable, unsightly or unsanitary
matter upon any lot, tract or parcel of land, or on
the area between the lot or parcel of land and the
street curb, be it uncovered or under open
shelter, to the extent and in the manner that such
lot, tract or parcel of land is or may reasonably
become infested or inhabited by rodents, vermin
or wild animals, or may furnish a breeding place
for mosquitoes, or threatens, or endangers the
public health, safety, or welfare, or may
reasonably cause disease, or adversely affects
and impairs the economic welfare of adjacent
property.
(b) Definitions.
· Construction/Demolition Waste means
building materials and rubble resulting from
construction, remodeling, repair, and
demolition operations on pavements,
houses, commercial buildings and other
structures. Such waste include, but are not
limited to asbestos containing waste, wood,
bricks, metal, concrete, wall board, paper,
cardboard, and other non-putrescible wastes
which have a low potential for groundwater
contamination.
· Lot/Parcel means any lot of record identified
with a map and parcel number assigned by
the Tax Assessor's Office.
· Scrap Tire means a tire or portion thereof.
· Tire means a continuous solid or pneumatic
rubber covering designed for encircling the
wheel of a motor vehicle and which is neither
attached to the motor vehicle nor a part of
the motor vehicle as original equipment.
· Undeveloped Lot means a lot in its natural
state, i.e.: a lot in a residential neighborhood
that has not been built upon.
· Unoccupied Parcel means a lot which has a
structure/dwelling which is not occupied.
· Vacant Lot means a previously developed
Lot, once occupied with a structure/dwelling.
(c) Duty of Property Owners Generally.
It shall be the duty of the owner of each Vacant
Lot or Unoccupied Parcel of land to reasonably
regulate and effectively control excessive
growths and accumulations, as enumerated in
Section 4-2-2 (a), on the property and the street.
It shall also be the duty of the owner to drain, re-
grade or fill any lot, tract, or parcel, including
swimming pools thereon, which shall be
unwholesome or unsanitary, have stagnant water
thereon, or be in such other condition as to be
susceptible to producing disease.
(d) Notice
Augusta shall notify in writing the owner of any
Vacant Lot or Unoccupied Parcel of land within
Augusta to comply with Section 4-2-2(a) to
include but not be limited to cutting, destroying
or removing any weeds, grass, trash, rubbish or
noxious matter found growing, lying or located on
such owner's property or upon the sidewalk or
street right-of-way abutting the property within
fourteen calendar (14) days from the date the
notice is mailed. Notice will include a one direct
mailing to the property owner's address on
records. This notice requirement will not apply
for property owned by Augusta, Georgia or the
Augusta Georgia Land Bank. Upon the failure or
the owner to do so, Augusta will cause such
weeds, grass, rubbish, or noxious matter to be
cut, destroyed and/or removed. Such notice shall
be deemed to be sufficient if it is mailed to the
last owner of record on file in the office of the
property appraiser.
Attachment number 1 \nPage 1 of 4
Item # 2
(e) Removal of Weeds, etc. by Augusta
If after fourteen calendar (14) days from the date
of the notice the conditions, as enumerated in
Section 4 - 2 - 2 (a) and described in the notice,
have not been remedied, the Director of
Environmental Services or his designee shall
cause the condition to be remedied by Augusta at
the expense of the property owner; to include the
removal of trash, filth, garbage or other refuse,
and the chemical treatment, cutting down and
abating from any private premises all weeds,
including those growing thereon to a height
exceeding twelve 12) inches whenever the owner
of such premises or other person who is required
by this chapter to cut down and remove the same
fails or refuses to do so.
(f) Cutting and Cleaning of Lots; Assessment of Costs;
Liens
Upon the completion of any combination of the
removal, chemical treatment, cutting down,
cleaning or abating by Augusta of any lot or parcel
of land within Augusta by removing or abating
therefrom; the excessive accumulation or
untended growth of weeds, undergrowth or
other plant life growing to a height exceeding
twelve (12) inches; or stagnant water, rubbish,
garbage, refuse, debris, trash, including but not
limited to, household, furnishings, scrap tires,
construction/demolition waste, and all other
objectionable, unsightly or unsanitary matter, the
Director of Environmental Services or his
designee shall certify the abatement of the
offensive matter described above, specifying the
lot or parcel so improved and the nature of the
improvements. Thereafter, the improvements
and the costs thereof, shall be assessed and
appropriate action as necessary shall be taken to
charge and collect monies for services provided
by Augusta to abate the issue.
(g) Enforcement
The code enforcement division of the
Environmental Services Department as well as
the License and Inspection Department is hereby
authorized and directed to carry out the
provisions of sections 4-2-2 hereof, as may be
deemed reasonably by the Director of the
department.
(h) Violation: Penalty
In addition to causing the condition of the
property to be remedied as authorized in
subsection (f), the enforcement officer may make
a case against the offending party and upon trial
and conviction thereof, the offending party shall
be subject to the penalties provided in section 1-
6-1.
Sec. 4-2-3. Dumping of garbage and refuse collected
outside county at county landfill.
(a) Prohibited. It shall be unlawful for any
person to dump garbage and refuse at the Augusta
Richmond County landfill, owned and operated by
Augusta-Richmond County, Georgia, when said
garbage or refuse was not collected in Richmond
County, Georgia, except pursuant to written contract
or prior approval by the Augusta-Richmond County
Administrator.
(b) Penalty for violation of section. Any
person who shall violate this section shall be charged
with each and every violation, and upon trial and
conviction, shall be subject to the penalties provided
in Sec. 1-6-1.
Sec. 4-2-4. Trespassing, scavenging on landfill
prohibited.
(a) No person shall knowingly and without
authority enter upon the land or premises, now or in
the future, designed as an Augusta-Richmond County
landfill site without the express permission of the
director of the landfill or his delegate; nor shall any
person knowingly and without authority remain upon
the land or premises, now or in the future, designed
as a landfill site, after the permission of the director
of the landfill or his delegate has been withdrawn.
(b) No person shall knowingly and without
authority remove any materials from the land or
premises now or in the future designed as a landfill
site, including but not limited to material constituting
Attachment number 1 \nPage 2 of 4
Item # 2
residential and commercial solid waste, trash, tin
cans, glass bottles, garbage, rubbish, discarded
materials, sand, gravel, slag, or other refuse.
(c) Any person or persons failing to comply
with the lawful provisions of this section or any act
prohibited hereby or failing to do any act mandated
hereby shall be guilty of an offense and upon trial as
a misdemeanor and conviction, shall be subject to the
penalties provided in Sec. 1-6-1.
Sec. 4-2-5. Refuse acceptable for disposal at solid
waste landfill.
(a) The following refuse shall be considered to be
acceptable for disposal by the county:
(1) Garbage. Putrescible animal and
vegetable wastes resulting from the handling,
preparation, cooking and/or consumption of foods.
(2) Ashes. The residue from the burning of
wood, coal, coke or other materials.
(3) Rubbish. Non-putrescible solid wastes
excluding ashes, consisting of paper, cardboard, tin
cans, yard clippings, wood, glass, bedding, crockery,
metals and any tree trunks, limbs or other wood
products, provided that any such items larger than
four (4) inches in diameter, shall be cut into four-foot
lengths.
(4) Dead animals. Small dead animals, not
exceeding seventy-five (75) pounds in weight, which
die in the normal course of community activity,
excluding condemned animals, shall be accepted at
the disposal site upon request.
(b) The following refuse shall be considered to be
unacceptable for disposal by the county:
(1) Dangerous materials or substances, such
as poisons, acids, caustics, infected materials and
explosives.
(2) Unusual quantities of materials resulting
from the repair, excavation or construction of
buildings or structures, such as earth, plaster, mortar
and roofing materials.
(3) The solid wastes resulting from industrial
processes.
(4) Solid waste that has been burned and has
any evidence of smoke, spark or fire remaining.
(5) Sealed drums. Each drum must have an
open top for inspection. No drum for liquid storage
will be accepted for disposal.
(c) A separate area shall be provided at the landfill for
the disposal of stumps, logs, other building materials,
and tires that cannot be deposited in the regular
landfill site.
(d) All industrial, governmental and commercial
waste haulers shall place a decal furnished by
Augusta-Richmond County on their vehicle that
denotes the cubic yard capacity being hauled into the
landfill.
(e) The fees for the disposal of refuse shall be fixed
from time to time by the Augusta-Richmond County
Commission and kept on file in the office of the
county administrator and shall be published at the
landfill site.
Sec. 4-2-6. Fees for use of Augusta-Richmond County
solid waste landfill.
(a) Fees. The following fees shall be charged for the
use of the Augusta-Richmond County solid waste
landfill. Other fees for specific projects or for specific
customers may be approved in writing by the
Administrator.
Asbestos . . . . . . . . . . . . . . $ 20.00 per cubic yard
Inert waste disposal . . . . . 16.75 per ton
Metal . . . . . . . . . . . . . . . . 0.00 per ton
Mulch purchase (small pickup
truck) . . . . . . . . . . . . . . . . 5.00 per load
Mulch purchase (large pickup
truck) . . . . . . . . . . . . . . . . . 10.00 per load
Mulch purchase (commercial). 15.00 per ton
Non-profit organizations
waste disposal (with
administrator's approval) . . 23.50 per ton
Attachment number 1 \nPage 3 of 4
Item # 2
Non-tarped loads/private ve-
hicle . . . . . . . . . . . . . . . . . . . 25.00 each occurrence
Non-tarped loads/commercial
vehicle. . . . . . . . . . . . . . . . . 75.00 each occurrence
Residential disposal (three
bags or less) . . . . . . . . . . . . 0.00
Residential disposal (four bags
to six bags) . . . . . . . . . . . . . 3.00 per load
Minimum charge – non-
Commercial (total weight of
Vehicle and load under 6000lbs) 6.00 per load
Solid waste (municipal solid
waste, construction and
demolition, special waste)
disposal . . . . . . . . . . . . . . . 33.50 per ton
Solid waste (2,000—4,999
tons per month) disposal . . 30.50 per ton
Solid waste (5,000—9,999
tons per month) disposal . . 27.50 per ton
Solid waste (10,000 or
greater tons per month)
disposal . . . . . . . . . . . . . . . 24.50 per ton
Solid waste with beneficial
use—Such materials as are
usable at the landfill for daily
cover and other uses and shall
include, but not be limited to
brick slag and other usable
materials. . . . . . . . . . . . . . . 10.00 per ton
Construction & demolition…….. 26.00 per ton
Recyclables (commercial)……. 25.00 per ton
The director of the landfill or his designee reserves
the right to determine what is "usable", to limit the
quantity of "usable" materials received by the landfill
for any given period of time, and to receive only so
much "usable" materials as are consumable by the
landfill in the sole discretion of the director.
Tires (17 inch or smaller). . . $ 3.00 each
Tires (larger than 17 inch) . . 8.00 each
Tires (truckload) . . . . . . . . . . 180.00 per ton
Vehicle permit sticker . . . . . 100.00 per calendar year
(b) Fee increases. Fees for each item listed above may
from time to time be increased at the discretion of the
administrator. The increase allocated for any calendar
year shall not exceed one dollar ($1.00) for any item
listed above. Should a full one dollar ($1.00) increase
not be exercised the allocation of a portion equaling
up to one dollar ($1.00) from that year within the
unused allocation may carry forward and be used in
the following year not to exceed two dollars ($2.00),
and so on up to a maximum of three (3) years. At no
time shall the increase at the administrator's
discretion exceed three dollars ($3.00) for any item
listed above.
(c) Fee decrease. Fees for each item listed above may
from time to time be decreased at the discretion of
the administrator. The decrease allocated for any
calendar year shall not exceed one dollars ($1.00) for
any item listed above. Should a full one dollar ($1.00)
decrease not be exercised the allocation of a portion
equaling up to one dollar ($1.00) from the year within
the unused allocation may carry forward and be used
in the following year not to exceed two dollars ($2.00)
and so on up to a maximum of three (3) years. At no
time shall the decrease at the administrator's
discretion exceed three dollars ($3.00) for any item
listed above. (Ord. No. 6238, § 1, 1-4-00; Ord. No.
6778, § 2, 8-1-04; Ord. No. 6793, § 2, 5-17-05)
Attachment number 1 \nPage 4 of 4
Item # 2
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Approve the Environmental Services Department and Augusta Landfill to Offer Reduced Rate
Landfill Disposal
Department:Environmental Services
Presenter:Lori Videtto
Caption:Approve the Environmental Services Department - Augusta
Landfill to Offer Reduced Rate Disposal Day.
Background:The Augusta Landfill and Keep Augusta Beautiful as part of the
Environmental Services Department, would like to "kick off" the
Great American Cleanup in 2019 by providing reduced rate
landfill disposal for residential customers. Each spring as the
weather warms and residents prepare for Easter and Masters, the
amount of yard waste and bulky waste that is placed for
collection increases dramatically. ESD is requesting approval
for a new option this year to provide for half-price disposal for
residential customers at the landfill.
Analysis:The proposal is to allow for residential customers to haul
materials to the facility and for no more than one day per month
(as designated by the facility) receive half-price disposal. To
start, ESD would like to offer this for one Saturday in March and
one Saturday in April; then depending on operations and
economics, offer it one Saturday each month moving forward.
Tires would be accepted at regular rates, no liquids, no
hazardous waste, and each customer would need to provide
proof of residency.
Financial Impact:The financial impact to the Landfill is projected to be minimal.
In reviewing 2018 and 2019 weekend residential customers, the
Department expects this to cost the facility about $3500 per
Saturday. However, the expectation is that with the reduced rate
disposal opportunity, perhaps there may be less illegal dumping,
less material placed for collection at the curb, and overall reduce
the burden on the haulers.
Alternatives:
Cover Memo
Item # 3
1. Approve the two days of reduced-rate disposal in March and
April. 2. Approve one day per month.
Recommendation:Approve one day per month, pending the outcome of the two
initial days.
Funds are
Available in the
Following
Accounts:
Additional funds are not needed at this time.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 3
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Approve the Landfill Disposal Agreement with Inland Waste Solutions and the Execution of the
Agreement by the Mayor
Department:Environmental Services
Presenter:Lori Videtto
Caption:Approve the Landfill Disposal Agreement with Inland Waste
Solutions and approve the execution of the Agreement by the
Mayor.
Background:Inland Waste Solutions is one of the landfill’s largest customers,
based on tonnage into the facility, and has been for some
years. As a means of solidifying this relationship, Augusta
Environmental Services is requesting an Agreement be approved
so that a minimum tonnage is guaranteed to come to the landfill,
at a set rate structure for a defined period of time.
Analysis:Augusta’s landfill generates revenue by garbage coming into the
facility. Having an Agreement in place with one of the facility’s
top ten customers will allow the landfill to better project
revenues each year, and guarantees that garbage continues to
come to the Landfill. At this time, ESD has negotiated an
Agreement with Inland Waste and is seeking approval of such.
This allows the landfill to know the minimum tonnage the
customer will bring to the facility each year, allowing for more
accurate budgeting of revenues and operational expenses; most
importantly, it insures no loss of tonnage to the facility.
Financial Impact:Inland Waste brings approximately 1400 tons to the landfill each
month. This generates revenues of approximately $600,000 per
year. It is to Augusta’s benefit to solidify and grow this
relationship via a disposal agreement. An agreement of this kind
further encourages the use of the Augusta landfill by Inland.
Alternatives:Do not approve the Agreement and request ESD renegotiate the
terms of such. Cover Memo
Item # 4
Recommendation:Approve the Agreement as written.
Funds are
Available in the
Following
Accounts:
No funds are needed at this time.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 4
1
AUGUSTA LANDFILL SOLID WASTE DISPOSAL AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ___________, 2019 by and
between INLAND WASTE DBA ORION WASTE (hereinafter called "Customer") and
AUGUSTA, GEORGIA, a political division of the State of Georgia, (hereinafter called "Augusta").
WHEREAS, Customer desires to transport Customer's non-hazardous waste to the Augusta
Landfill for disposal, and Augusta desires to provide such disposal services for the Customer in
accordance with and subject to the terms and conditions for this Agreement.
NOW, THEREFORE, in consideration of the premises and the following mutual agreements and
covenants, the Customer and Augusta, each intending to be legally bound, agree as follows:
1.0 DEFINITIONS
1.01 Customer Waste - Any non-hazardous Solid Waste or approved non-hazardous Special
Waste collected or controlled by Customer. Customer's Waste will be delivered to the
Augusta Landfill by Customer in waste collection vehicles containing only Customer
Waste.
1.02 Disposal Fee - The amount set forth in Section 7.01 hereof, as adjusted, charged by
Augusta for the performance of disposal services hereunder.
1.03 Governmental Approvals - All permits, licenses, and approvals required for the
expansion, construction, and/or operation of the Augusta Landfill.
1.04 Hazardous Waste - Any chemical, compound, mixture, substance, or article which is
designated by the United States Environmental Protection Agency or by any State
having jurisdiction to be "hazardous" as that term is defined by or pursuant to federal
or state law.
1.05 Non-Conforming Waste - Any waste excluded from the definition of Solid Waste and
any Special Waste which has not been approved by Augusta and, if required, by any
governmental agency having jurisdiction.
1.06 Augusta Landfill - The Deans Bridge Road Municipal Solid Waste (MSW) Landfill,
which is owned and operated by Augusta and located at 4330 Deans Bridge Road,
Blythe, Georgia.
1.07 Solid Waste - Any garbage, trash, rubbish, brush and other waste material allowed
under the Governmental Approvals issued for the operation of the Augusta Landfill
but excluding (a) any Hazardous Waste, and (b) any other material not allowed
pursuant to applicable laws and regulations.
Attachment number 1 \nPage 1 of 10
Item # 4
2
1.08 Special Waste - Any Customer Waste which requires special processing, handling, or
disposal techniques which are different from the techniques normally utilized for
handling or disposal or contains and added element of expense to transport or
dispose of as determined by Augusta or requires approval from any State agency
and/or Augusta. Examples of such Special Waste types may include, but are not
limited to: white goods, tires, mining wastes, fly ash, combustion ash, sludge, drilling fluids
and drill cuttings, asbestos, industrial wastes, liquid wastes, infectious wastes and residue,
pollution control residue, debris or contaminated soil and water from the cleanup of a
spill. Special Waste requires a Waste Profile Sheet (“WPS”) be
submitted for approval prior to disposal.
1.09 Construction and Demolition Waste – Any Customer Waste that meets the definition
of such per current Georgia Environmental Protection Department (“EPD”) Rules.
1.10 Prohibited Wastes – Augusta shall not accept any such prohibited wastes as
identified by the current Solid Waste Handling Permit issued to Augusta. In addition,
Augusta will not accept any quantity Coal Ash or Coal Ash Residue.
2.0 SCOPE OF SERVICES
2.01 Landfill Disposal - Subject to the terms and conditions hereof, Customer agrees that it
will deliver or cause to be delivered a significant portion of Customer Waste to the
Augusta Landfill for disposal, and Augusta agrees that it will accept such Customer
Waste for disposal services at the Augusta Landfill from and after the date hereof in
accordance with and subject to the terms and conditions of this Agreement.
3.0 DISPOSAL SERVICES
3.01 Disposal Operations - From and after the date hereof, Augusta shall accept, upon
delivery, all Customer Waste and such approved Special Waste delivered by the
Customer in waste collection vehicles containing only Customer Waste or approved
Special Waste to the Augusta Landfill for disposal.
3.02 Inspection of Augusta Landfill - The Customer may, on a reasonable basis, as the
Customer deems necessary and after giving Augusta advance written notice, make
inspections of the Augusta Landfill during normal business hours; however, such
inspections shall be made only by authorized employees or agents of the Customer
accompanied by the Augusta Director of Environmental Services Department or any
other person designated by the Augusta Director of Environmental Services. Such
inspections shall not unreasonably interfere with Augusta's performance of any of its
operations at the Augusta Landfill. Customer is under no duty to inspect the
operations of Augusta and the failure to inspect shall not, in any way, create liability
on the part of the Customer to Augusta.
Attachment number 1 \nPage 2 of 10
Item # 4
3
3.03 Compliance with Laws and Permits - Augusta shall conduct disposal operations with
respect to services performed hereunder in accordance with all applicable federal
and state laws, rules and regulations, and the terms and conditions of the
Governmental Approvals issued for the operation of the Augusta Landfill.
3.04 Holidays - The following shall be holidays for purposes of this Agreement:
New Year's Day, Thanksgiving Day, Christmas Day, July 4th, Memorial Day, Labor Day
Augusta may decide to observe any or all of the above-mentioned holidays by
suspension of landfill operations on the holiday. Augusta will give the Customer
advance written notice of Augusta's observance of any holiday.
3.05 Title - Title to Customer Waste delivered by the Customer shall pass to Augusta when
accepted by Augusta at the Landfill. Acceptance is completed upon delivery by
Customer to the Augusta Landfill and non-rejection by Augusta within a reasonable
amount of time. Notwithstanding any provision of this Agreement to the contrary, title
to and liability for Non-Conforming Wastes shall remain with the Customer and shall
never pass to or be assumed by Augusta.
3.06 Special Waste - Where requested by Augusta, the Customer shall assist Augusta in
identifying each generator of Special Waste. Customer shall also require each
generator of Special Waste, in addition to any label, marking, manifest, or other such
documentation required by any applicable law, regulation, or permit, to provide to
Augusta, in advance of any shipment of Special Waste, a representative sample of
the Special Waste to be disposed of by Augusta, and a detailed written physical and
chemical description or analysis of the Special Waste, including, without limitation, a listing
of unique characteristics and safety procedures, if such exists, that would be of
significance to the handling of such Special Waste ("Waste Profile Sheet" or "WPS").
The customer shall promptly furnish to Augusta any information regarding known,
suspected or planned changes in composition of any such Special Waste and the
Customer shall accordingly update the WPS. The Customer agrees that all Special
Waste specified in a WPS and delivered to Augusta Landfill shall conform to the
description set forth on the WPS. Such Special Waste shall not be delivered to
Augusta for disposal until such WPS and representative sampling are analyzed and
approved by Augusta. Augusta shall have the right to reject loads of bulky Special
Wastes if in Augusta's judgment such loads would disrupt any normal operating
procedures.
3.07 Non-Exclusive Use of Augusta Landfill - The use of the Augusta Landfill by the
Customer shall be non-exclusive, and, in addition to the disposal of Customer Waste
pursuant to this Agreement, Augusta shall have the absolute and unrestricted right
to accept for disposal any waste materials not covered by this Agreement. Augusta
Attachment number 1 \nPage 3 of 10
Item # 4
4
shall also have the absolute and unrestricted right to accept waste materials brought to the
Augusta Landfill by any other municipality or other body, corporation, person or
other entity, public or private, for disposal. Augusta shall also have the absolute and
unrestricted right to establish from time to time all fees, deductions, discounts,
credits and allowances, and charge and retain such fees, for disposal of any waste
materials (other than Customer Waste).
3.08 Inspection of Customer Waste - Augusta shall have the right to inspect any incoming
loads of Customer Waste delivered to the Augusta Landfill for disposal for
compliance hereunder and reject any Non-Conforming Waste. Customer shall
remove and properly dispose of all such Non-Conforming Waste at Customer's
expense.
4.0 EFFECTIVE DATE
This Agreement shall be effective upon the execution of this Agreement by the Customer and
Augusta, and the delivery of Customer Waste to the Augusta Landfill and performance of
disposal services by Augusta hereunder shall commence on the date hereof in accordance with
the terms and conditions of this Agreement.
5.0 INDEMNITY
5.01 Indemnity of Augusta - Augusta will indemnify and hold harmless the Customer, its
officers, employees, and agents from and against any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys'
fees incurred by the Customer to the extent resulting from (a) any breach by Augusta of any
of its agreements hereunder, and (b) any negligent act or omission of Augusta, its
employees or agents in the performance of services under this Agreement;
provided, however, that Augusta shall not be obligated to indemnify the Customer
from and against any suits, actions, legal proceedings, claims, demands, damages,
costs, expenses or attorneys' fees to the extent resulting from negligent act or
omission of the Customer or of any of its officers, agents, servants, employees or
contractors or to the extent resulting from any breach by the Customer of any of its
agreements hereunder .
5.02 Indemnity by Customer - The Customer will indemnify and hold harmless Augusta, its
officers, employees, and agents from and against any and all suits, actions, legal
proceedings, claims, demands, damages, costs, expenses, and reasonable attorneys' fees
incurred by Augusta to the extent resulting from (a) any breach by the Customer and
any of its agreements hereunder, and (b) any negligent act or omission of the
Customer or any of its officers, agents, servants, employees or contractors; provided,
however, that the Customer shall not be obligated to indemnify Augusta from and
against any suits, actions, legal proceedings, claims, demands, damages, costs,
Attachment number 1 \nPage 4 of 10
Item # 4
5
expenses or attorneys' fees to the extent resulting from any negligent act or omission
of Augusta or of any of its officers, agents, servants, employees or contractors or to the
extent resulting from any breach by Augusta of any of its agreements hereunder.
5.03 Termination for Convenience – Augusta shall have the right to terminate this
Agreement without cause by providing Customer one hundred eighty days (180) days
written notice.
6.0 TERM
This Agreement is for an initial term of ten (10) years from and after the date of execution of this
Agreement to and including December 31, 2029. An additional ten (10) year term may be
mutually agreed upon by both Parties. This Agreement shall (i) terminate absolutely and
without further obligation on the part of Augusta each and every December 31st, as required by
OCGA § 36-60-13, as amended, unless terminated earlier in accordance with the termination
provisions of this Agreement; (ii) automatically renew on each January 1st, unless terminated in
accordance with the termination provisions of this Agreement; and (iii) terminate absolutely,
with no further renewals, on December 31, 2039, unless further extended by written amendment
mutually agreed upon by both Parties.
7.0 RATES FOR WASTE DELIVERED TO THE LANDFILL
7.01 Base Rate -For Customer Waste (exclusive of any Special Waste) disposal services
rendered hereunder, Augusta will charge and the Customer will pay to Augusta, the
rate as listed in this Section, as adjusted in accordance with the terms and provisions
of Sections 7.02, 7.03, and 7.04 hereof, for each Ton of Customer Waste accepted
at the Augusta Landfill for disposal. This Base Rate includes the current $0.75 per
ton EPD fee and includes any Environmental Fees Augusta may charge.
MSW - $28/ton for 0-1999 tons per month
MSW - $26.50/ton for 2000-4999 tons per month
Augusta further agrees that the Base Rate applies to the disposal of Customer Waste
in a landfill disposal cell that is lined in accordance with applicable laws and
regulations.
7.02 CPI Adjustment – On January 1, 2020 and every January 1 thereafter during this
agreement and any additional terms of this agreement, the Base Rate then in effect
shall be increased by the increase, if any, of the percentage of increase in the
Consumer Price Index for All Urban Consumers (All Items -U.S. City Average), Water,
Sewer and Trash-Garbage and Trash-Sub-Index as published by the U.S. Department of
Labor, Bureau of Labor Statistics (CPI). The measurement period will be the
immediate preceding January through December with the July 1, 2020 increase based
on December 2018 statistics.
Attachment number 1 \nPage 5 of 10
Item # 4
6
7.03 Change in Law Fees, Etc. - Augusta shall have the right to increase the Base Rate at
any time to due to changes in Local, State and Federal regulations. These additional
costs will be billed as a straight pass through to the Customer. The Customer will be
notified thirty (30) days in advance of any such increase and will be provided
documentation to substantiate any additional charge.
7.04 Special Wastes -The Disposal Fee shall apply with respect to Special Waste, however
asbestos-containing materials waste will be charged at the current posted landfill
gate rate.
The charge for the disposal of large quantities of Special Waste shall be set by mutual
agreement of the Parties on a periodic, case-by-case basis; with the approval of the
Augusta Administrator and Director of Environmental Services. Request of a project-
rate shall be made 30-days in advance of any such disposal.
7.05 Billings to Customer- Augusta will invoice the Customer on a monthly basis for
disposal services rendered during the preceding calendar month and the Customer
will remit payment for each invoice without set-off or deduction to Augusta within
thirty (30) working days of the date of such invoice. Such billing shall be based on the
Disposal Fee as adjusted pursuant to Sections 7.02, 7.03 and 7.04 hereof.
8.0 INSURANCE AND PERFORMANCE
8.01 Coverages
The Customer shall at all times during the Agreement, maintain in full force and effect
General Liability, Workmen’s Compensation Insurance, Pollution Liability Insurance, and
Bodily Injury and Property Damage Liability. The Customer agrees to furnish copies of
insurance certificates upon request.
8.02 Leaks and Spills, Safe Transport
Customer is fully responsible for the safe and legal transport of any such wastes or
materials that is transported through or brought to the Augusta Landfill in their vehicles
and shall be responsible for the cleanup of any such litter, leak, spill, or other release from
such vehicle while in Augusta-Richmond County.
9.0 DEFAULT
Except as otherwise provided herein, if either Party breaches any of the material provisions of
this Agreement and fails to cure such breach within a period of thirty (30) days after receiving
written notice setting forth a detailed description of such breach from the other Party, unless a
longer period of time is required to cure such breach and the Party breaching shall have failed to
commence to cure such beach within said thirty (30) day period and pursue diligently to
completion thereof, then the other Party may terminate this Agreement; provided, however,
Attachment number 1 \nPage 6 of 10
Item # 4
7
that the foregoing provisions relating to notice of breach and cure shall not apply to any failure
of Customer to pay Augusta for services rendered hereunder .
10.0 MISCELLANEOUS
10.01 Transferability - No assignment of this Agreement or any right accruing under this
Agreement shall be made in whole or in part by the Customer without the express
prior written consent of Augusta or by Augusta without the express prior written
consent of the Customer, except that Augusta without the consent of the Customer
may assign and delegate any of its rights and obligations under this Agreement or
subcontract the performance of any services to be rendered hereunder to any
corporation or other entity which controls, or is controlled by, or is under common
control with Augusta.
10.02 Force Majeure -The obligations of Augusta hereunder are subject to and excused in
the event of the occurrence of any contingency beyond its reasonable control
including, without limitation, (i) strikes, riots, wars, acts of God, accidents, (ii)
compliance with any law, regulation, order or decree, and (iii) the denial, loss,
suspension, expiration, termination, revocation or failure of issuance or renewal of
any permit, license of other governmental approval required to construct and/or
operate the Augusta Landfill.
10.03 Governing Law – This Agreement shall be governed by the laws of the State of
Georgia.
10.04 Notices - Any notice which is permitted or required under this Agreement shall be
duly given if in writing and either delivered personally to the person whom it is
required to be given or sent registered or certified mail, return receipt requested,
postage prepaid as follows:
If to Customer: Inland Waste Solutions
Chief Financial Officer
7241 Delainey Court
Lakewood Ranch, Florida 34240
With Copy: Inland Waste Solutions
General Manager
3925 Goshen Industrial Blvd
Augusta, Georgia 30906
If to Augusta: Augusta, Georgia
Environmental Services Department
4330 Deans Bridge Road
Blythe, Georgia 30805
Attachment number 1 \nPage 7 of 10
Item # 4
8
With copy: Augusta Georgia
Office of the Mayor
535 Telfair Street, Suite 200
Augusta, Georgia, 30901
Each Party shall have the right, from time to time, to designate a different address by
notice given in conformity with this Section.
10.05 Severability - In case anyone or more of the provisions contained in this Agreement
shall, for any reason, be held to be invalid, illegal or unenforceable in any respect or
its inclusion shall result in the invalidity, illegality or unenforceability of this
Agreement, such invalidity, illegality or unenforceability shall not affect any other
provision of this Agreement and this Agreement shall be construed as if such invalid,
illegal or unenforceable provision had never been contained herein; provided,
however, that it is the intention of the Parties hereto that in lieu of each term, clause, or
provision that is help to be invalid, illegal or unenforceable, there shall be added as a
part of this Agreement a term, clause or provision as similar in terms to such
invalid, illegal or unenforceable term, clause or provision as may be possible and be valid,
legal or enforceable.
10.05 Cumulative Remedies -all rights, remedies and powers shall be deemed cumulative
and not exclusive of any rights, remedies or powers available. No delay or omission
to exercise any right, remedy or power shall impair such right, remedy or power or
shall be construed to be a waiver of any breach or any acquiescence therein. Any such
right, remedy or power may be exercised from time to time, independently or
concurrently, and as often as shall be deemed expedient. No single or partial exercise of any
right, remedy or power shall preclude other or further exercise thereof.
In the event of a material breach of this Agreement by either Party, the non-
breaching Party shall have all rights and remedies available under the laws of the
State of Georgia, including the right to require that this Agreement be performed in
accordance with its written terms and conditions. All claims, disputes and other
matters in question between the Seller and the Buyer arising out of or relating to the
Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond
County, Georgia. The Buyer, by executing this Agreement, specifically consents to
venue in Augusta and waives any right to contest the venue in the Superior Court of
Richmond County, Georgia.
10.06 Independent Contractor/No Agency – Customer will act hereunder as an independent
contractor and not as an agent of the Augusta. Further, the Customer is not an agent
of Augusta or empowered or authorized to obligate Augusta in any way.
Attachment number 1 \nPage 8 of 10
Item # 4
9
10.07 Open Records Act - The Parties shall comply with the Georgia Open Records Act,
O.C.G.A. §§ 50-18-70 et seq.
10.08 Entire Agreement - This Agreement constitutes the entire agreement and
understanding between the Parties relating to the subject matter hereof and cancels
and supersedes all prior negotiations, representations, proposals, understandings
and agreements, either written or oral, relating to the subject matter hereof.
10.09 Modifications and Waiver – The Parties must mutually agree upon any changes in the
Agreement and must be incorporated by written amendments to the Agreement. The
Augusta Administrator or their designee shall have the authority to amend the
Agreement on behalf of Augusta. This Agreement shall not be modified, altered,
changed or amended unless in writing and signed by the Parties.
[SIGNATURES ON THE FOLLOWING PAGE]
EXECUTED by their duly authorized representatives, who hereby certify that their signatures
below bind the Parties to the terms and conditions of this Agreement, as of the day and year
first above written.
INLAND WASTE SOLUTIONS AUGUSTA, GEORGIA
By: By:
Printed Name: Printed Name:
Title: Title:
ATTEST: ATTEST:
By: By:
Attachment number 1 \nPage 9 of 10
Item # 4
10
Printed Name: Printed Name:
Title: Title:
Attachment number 1 \nPage 10 of 10
Item # 4
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Bussey Road Paving Update
Department:Engineering
Presenter:Hameed Malik
Caption:Receive update regarding Bussey Road Right-of -Way
Acquisition.
Background:On November 27, 2018, Augusta Commission, Engineering
Services Committee tasked Augusta Engineering Department
(AED) to verify ownership of Bussey Road and report back
determination of whether the property owners will allow for the
acquisition of right-of-way (ROW) by the City.
Analysis:In April 1998, Augusta Commission added Bussey Road
(EXHIBIT A) on unpaved road list with assumption that since
the old city had maintained it, that makes it dedicated under the
law by the act of maintenance. As directed by the Augusta
Commission Engineering Services Committee on 11/27/2018,
AED Land Acquisition staff made attempts to contact owners of
parcels abutting Bussey Road. A total of nine (9) parcels were
identified (EXHIBIT B). The staff was able to contact four
property owners and still attempting to locate five others or
determine heirs. Out of four contacted owners, only one property
owner is willing to donate, the rest are not willing to donate.
Financial Impact:N/A Exhibit
Alternatives:N/A
Recommendation:Adopted minimum standards for paving dirt road (EXHIBIT C)
shall be maintained. Presently Bussey Road is not meeting those
standards. Given this AED is recommending to table paving of
Bussey Road.
Funds are
Available in the
N/A
Cover Memo
Item # 5
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
Department of Information TechnologyGeospatial Information Solutions (GIS) Division535 Telfair St Bldg 2000 | Augusta, GA 30901www.augustaga.gov/gis | gis@augustaga.gov
Like, Follow, Share #AugustaGIS
µ
Augusta, GA
Print Date Nov 27, 2018
Augusta, GA Disclaimer
The data represented on this map has been compiled by the bestmethods available. Accuracy is contingent upon the sourceinformation as compiled by various agencies and departmentsboth internal and external to the consolidated government ofAugusta, GA. Augusta, GA and the companies contracted todevelop these data assume no legal responsibilities for theinformation or accuracy contained on this map. It is strictlyforbidden to sell or reproduce these maps or data for any reasonwithout the written consent of the Augusta Commission.
1 inch = 100 feetMap Scale
Attachment number 1 \nPage 1 of 3
Item # 5
Attachment number 1 \nPage 2 of 3
Item # 5
Attachment number 1 \nPage 3 of 3
Item # 5
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Contract Item Utility Agreement with Georgia Department of Transportation for GDOT Project PI
220680 SR4/15th Street Widening – Milledgeville to Government Road
Department:Augusta Utilities Department
Presenter:Tom Wiedmeier
Caption:Approve execution of Contract Item Utility Agreement to
include Augusta Utilities Department’s water and sanitary sewer
relocations in the Georgia Department of Transportation
contract, through competitive bidding, for GDOT Project PI
220680 SR4/15th Street Widening – Milledgeville to
Government Road.
Background:The Georgia Department of Transportation is widening and
improving 15th Street between Martin Luther King, Jr. Blvd.
and Government Road. Due to these improvements, Georgia
DOT will need to relocate existing lines that are in conflict with
the GDOT project. Augusta Utilities provided a plan to address
the utility conflicts and the necessary relocations will be paid for
by GDOT.
Analysis:Approving this Contract Item Utility Agreement will allow
GDOT and Augusta Utilities Department to move forward with
the plans to include the relocation of the water and sewer in the
GDOT project.
Financial Impact:At this time, there will be no financial impact.
Alternatives:No alternatives are recommended.
Recommendation:Augusta Utilities Department recommend the Commission agree
to the terms of the Contract Item Utility Agreement with GDOT
and request the Mayor’s signature.
Funds are
Available in the
At this time, there will be no financial impact.Cover Memo
Item # 6
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 6
Attachment number 1 \nPage 1 of 1
Item # 6
Project:
Owner:Augusta Utilities Department - Augusta, GA P.I. #220680
Date: 1/25/2019
ITEM DESCRIPTION UNIT EST QTY UNIT COST TOTAL
S-1A 8” diameter PVC sanitary sewer pipe SDR 35, Depth 0’ to 6’, including Type II (No.
67 stone) bedding material LF 1029 100.00$ 102,900.00$
S-1B 8” diameter PVC sanitary sewer pipe SDR 35, Depth 6’ to 8’, including Type II (No.
67 stone) bedding material LF 650 110.00$ 71,500.00$
S-1C 8” diameter PVC sanitary sewer pipe SDR 35, Depth 8’ to 10’, including Type II (No.
67 stone) bedding material LF 420 125.00$ 52,500.00$
S-1D 8” diameter PVC sanitary sewer pipe SDR 35, Depth 10’ to 12’, including Type II
(No. 67 stone) bedding material LF 368 135.00$ 49,680.00$
S-1E 8” diameter ductile iron sanitary sewer pipe Class 350 w/Protecto 401 lining, Depth
0’ to 6’, including Type II (No. 67 stone) bedding material LF 45 150.00$ 6,750.00$
S-1F 8” diameter ductile iron sanitary sewer pipe Class 350 w/Protecto 401 lining, Depth
10’ to 12’, including Type II (No. 67 stone) bedding material LF 82 165.00$ 13,530.00$
S-6A Pre-cast sanitary manhole, GA DOT STD 1011A, Type 1, Depth 0' to 6' (48"
Diameter)EA 10 4,000.00$ 40,000.00$
S-7A Additional sanitary manhole depth, Type 1, Depth Class 1 (48" Dia.)VF 12 500.00$ 6,000.00$
S-7B Additional sanitary manhole depth, Type 1, Depth Class 2 (48” Dia.)VF 16 600.00$ 9,600.00$
S-8A 48” Diameter sanitary manhole exterior joint wrap EA 15 100.00$ 1,500.00$
S-10 Outside Drop Piping – Complete EA 2 1,500.00$ 3,000.00$
S-11 Doghouse/Connector Manhole, including base, cone, and ring and cover EA 5 8,000.00$ 40,000.00$
S-13B Sanitary sewer service short side connection EA 25 2,000.00$ 50,000.00$
S-14 Concrete encasement of sanitary sewer (creek crossings, etc.)CY 1 500.00$ 500.00$
S-17 Cut and plug existing sanitary sewer, diameter varies EA 12 500.00$ 6,000.00$
S-18 Abandon manhole EA 13 1,000.00$ 13,000.00$
S-19 Adjust manhole to grade EA 10 300.00$ 3,000.00$
W-1 8" diameter ductile iron water transmission main Class 350, standard joint LF 6,522 40.00$ 260,880.00$
W-2A 8" diameter ductile iron water transmission main Class 350, restrained joint LF 1,010 50.00$ 50,500.00$
W-2B 20" diameter ductile iron water transmission main Class 300, restrained joint LF 693 150.00$ 103,950.00$
W-4A 2" MJ 90° Bend EA 1 100.00$ 100.00$
W-4B 8" MJ 11.25° Bend EA 4 400.00$ 1,600.00$
W-4C 8" MJ 22.5° Bend EA 4 400.00$ 1,600.00$
W-4D 8" MJ 45°Bend EA 20 400.00$ 8,000.00$
W-4E 8" MJ 90° Bend EA 4 400.00$ 1,600.00$
W-4F 8"x8" MJ Tee EA 11 500.00$ 5,500.00$
W-4G 8" Cap EA 10 200.00$ 2,000.00$
W-4H 8"x6" MJ Reducer EA 15 400.00$ 6,000.00$
W-4I 8" Restraining Split Glands EA 30 100.00$ 3,000.00$
W-4J 10"x10" MJ Tee EA 2 600.00$ 1,200.00$
W-4K 10"x8" MJ Reducer EA 2 500.00$ 1,000.00$
W-4L 20" MJ 11.25° Bend EA 1 1,000.00$ 1,000.00$
W-4M 20" MJ 45° Bend EA 7 1,000.00$ 7,000.00$
W-4N 20" MJ 90° Bend EA 1 1,000.00$ 1,000.00$
Preliminary Opinion of Probable Construction Cost
Utility Relocations for GDOT SR 4/15th Street Improvements
For
Augusta Utilities Department - Augusta, Georgia 30901
Relocation of water and sewer utilities located in the proposed project area for the GDOT SR4 / 15th St. Road Improvement Project
Project Description
Utility Relocations for GDOT SR 4/15th Street Improvements WKD Project No: 20170012.01.AG
Water
Sewer
Utility Relocations for GDOT SR 4/15th Street Improvements
WKD No. 20170120.01.AG
Opinion of Cost
Page 1 of 2
Attachment number 2 \nPage 1 of 2
Item # 6
ITEM DESCRIPTION UNIT EST QTY UNIT COST TOTAL
W-4O 20"x8" MJ Tee EA 4 1,200.00$ 4,800.00$
W-4P 20" Cap EA 2 400.00$ 800.00$
W-4Q 20" Bell joint restraint EA 10 500.00$ 5,000.00$
W-4R 6" Cap EA 15 100.00$ 1,500.00$
W-5 Fire hydrant, installed complete with valve, lead pipe, joint restraint, and blocking EA 10 4,000.00$ 40,000.00$
W-6A 8" in-line gate valve, including valve box, installed, complete, open right EA 46 1,500.00$ 69,000.00$
W-6B 10" in-line gate valve, including valve box, installed, complete, open right EA 3 3,500.00$ 10,500.00$
W-7 20" horizontal in-line gate valve, including valve box, installed, complete, open
right EA 2 10,000.00$ 20,000.00$
W-10A 10"x8" Tapping Sleeve and Valve EA 1 5,000.00$ 5,000.00$
W-10B 2" Service Saddle and Valve EA 3 200.00$ 600.00$
W-14A New 1" short side water service, installed, including re-connection, complete EA 37 3,000.00$ 111,000.00$
W-14B New 2" short side water service, installed, including re-connection, complete EA 1 3,500.00$ 3,500.00$
W-15 Polyethylene pipe wrap LF 750 10.00$ 7,500.00$
W-16 Tie-in to existing line EA 12 2,500.00$ 30,000.00$
W-18 Abandon valve EA 10 300.00$ 3,000.00$
W-19 Adjust valve box to grade EA 5 100.00$ 500.00$
W-20 Adjust water meter to grade EA 5 3,000.00$ 15,000.00$
W-21 20" Line Stop EA 2 25,000.00$ 50,000.00$
W-22 Remove existing fire hydrant EA 9 200.00$ 1,800.00$
M-1 Flowable Fill CY 150 50.00$ 7,500.00$
M-2 Class A Concrete CY 50 100.00$ 5,000.00$
TOTAL COST =1,317,390.00$
Miscellaneous
Utility Relocations for GDOT SR 4/15th Street Improvements
WKD No. 20170120.01.AG
Opinion of Cost
Page 2 of 2
Attachment number 2 \nPage 2 of 2
Item # 6
GDOT Contract ID No.: UATIA1901165
1
TRANSPORTATION INVESTMENT` ACT OF 2010
CONTRACT ITEM UTILITY AGREEMENT –Water and Sewer Facilities
By and Between
THE GEORGIA DEPARTMENT OF TRANSPORTATION
and
CITY OF AUGUSTA THIS AGREEMENT, made and entered into this day of 20 by and between the Department of Transportation, an agency of the State of Georgia, hereinafter called the DEPARTMENT, and the City of Augusta, a political subdivision of the State of Georgia, hereinafter called the LOCAL AGENCY;
WHEREAS, pursuant to O.C.G.A. § 48-8-240 et seq., the General Assembly adopted the Transportation Investment Act of 2010, which creates twelve (12) special districts of the State and authorized elections to be held in each special district which would allow each special district independently of any other district to approve and authorize the imposition of a special district transportation sales and use tax to fund transportation projects within the special district; and
WHEREAS, on July 31, 2012, three (3) of the twelve (12) special tax districts voted to levy the special district sales and use tax by voter referendum: the Central Savannah River Area special tax district, the River Valley special tax district, and the Heart of Georgia Altamaha special tax district; and
WHEREAS, in accordance with O.C.G.A. § 48-8-249(b)(1) and an Intergovernmental Agreement between the DEPARTMENT and the Georgia State Financing And Investment Commission, dated January 1, 2013, the DEPARTMENT is authorized to manage the execution, schedule, budget and delivery of the Projects on the Approved Investment List(s) for the special districts; and
WHEREAS, the DEPARTMENT desires to construct SR 4/15th Street Widening in Richmond County, PROJECT NUMBER RC07-000147, P.I. 220680-, hereinafter referred to as the "PROJECT"; and
WHEREAS, due to the construction of this project, it will become necessary to make certain adjustments or additional installation of utility facilities of the LOCAL AGENCY; and
WHEREAS, the LOCAL AGENCY has requested that the DEPARTMENT include the adjustment or installation of water and sewer facilities in its highway construction contract as shown on the attached plans; and
WHEREAS, this Agreement being for the sole purpose of providing a contractor for work performed on the LOCAL AGENCY'S water and sewer facilities; and
WHEREAS, the preliminary engineering, including preparation of detailed plans and contract estimate for adjustment of the utilities described above have been accomplished by the LOCAL AGENCY; and
WHEREAS, the plans for the utility work have been approved by both the DEPARTMENT and the LOCAL AGENCY prior to commencing work;
NOW THEREFORE, in consideration of the premises and the mutual covenants of the parties hereinafter set forth, it is agreed:
1. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and the DEPARTMENT shall be responsible to assure that all utility work is accomplished in accordance with plans and specifications and to consult with the LOCAL AGENCY or LOCAL AGENCY’S Consultant before authorizing any changes or deviations which affect the LOCAL AGENCY’S facility.
Attachment number 3 \nPage 1 of 4
Item # 6
GDOT Contract ID No.: UATIA1901165
2
2. The LOCAL AGENCY or the LOCAL AGENCY’S Consultant shall have the right to visit and inspect the work at any time and advise the DEPARTMENT’S Engineer of any observed discrepancies or potential problems. The DEPARTMENT agrees to notify the LOCAL AGENCY when all utility work is completed and ready for final inspection by the LOCAL AGENCY.
3. It is specifically understood that the project number shown above is for the DEPARTMENT'S identification purposes only and may be subject to change by the DEPARTMENT. In the event it becomes necessary for the DEPARTMENT to assign a different project number, the DEPARTMENT shall notify the LOCAL AGENCY of the new project designation. Such change in project designation shall have no effect whatsoever on any of the other terms of this Agreement.
4. The DEPARTMENT shall include in its contract for this project all work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as shown on the highway plans along with the necessary specifications to assure that the work conforms to sound construction practices.
5. In the event it becomes necessary to add pay items that are not provided for in the contract, the DEPARTMENT shall negotiate prices with the contractor and enter into a supplemental agreement with the contractor for completion of the additional items.
6. The DEPARTMENT shall furnish on the project the construction engineering inspection and testing by its own forces required to assure that the work is done in accordance with the plans, specifications and Special Provisions.
7. Upon completion of the work and upon certification by the DEPARTMENT'S engineers that the work has been completed in accordance with the aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and additional facilities and shall thereafter operate and maintain the adjusted and additional facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and all operations and activities shall be subject to the DEPARTMENT'S rules, policies and procedures as contained in its Utility Accommodation Policy and Standards, current edition.
8. The DEPARTMENT shall include in its highway contract those items shown as "materials" for permanent installation on the aforesaid plans. The price bid for the appropriate items shall include all labor, materials and incidentals necessary to complete the work. The cost of the requested work shall be determined from unit quantities and unit prices as shown in the DEPARTMENT’S tabulation of bids. The DEPARTMENT shall bear 100% of the cost of work
performed on the LOCAL AGENCY’s facilities.
9. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto.
10. It is mutually agreed between the parties hereto that this document shall be deemed to have been executed in the Fulton County, Georgia, and that all questions of interpretation and construction shall be governed by the laws of the State of Georgia.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Attachment number 3 \nPage 2 of 4
Item # 6
GDOT Contract ID No.: UATIA1901165
3
IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written.
GEORGIA DEPARTMENT OF COMPANY
TRANSPORTATION
_________________________________ __________________________________
Commissioner (Seal) City of Augusta, (Seal)
__________________________________
Name and Title Attest:
__________________________________
__________________________________ Witness Treasurer
Signed, sealed and delivered
This ____ day of ___________, 2016,
in the presence of:
___________________________________ Notary Public
Attest:
__________________________________ Name and Title
__________________________________
Federal Employer Identification Number
Attachment number 3 \nPage 3 of 4
Item # 6
GDOT Contract ID No.: UATIA1901165
4
GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT
Name of Contracting Entity: City of Augusta
Contract No. and Name: UATIA1901165
TRANSPORTATION INVESTMENT ACT OF 2010
CONTRACT ITEM UTILITY AGREEMENT
By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A. § 13-10-
91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work
authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91.
The undersigned person or entity further agrees that it will continue to use the federal work authorization
program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the
information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy
of each such verification to the Georgia Department of Transportation within five (5) business days after any subcontractor is retained to perform such service.
________________________________ E-Verify / Company Identification Number
___________________________________
Signature of Authorized Officer or Agent
_________________________________
Date of Authorization
___________________________________
Printed Name of Authorized Officer or Agent
____________________________________
Title of Authorized Officer or Agent
____________________________________
Date
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE
_____ DAY OF ______________________, 201_
________________________________________ [NOTARY SEAL]
Notary Public
My Commission Expires: ___________________
Attachment number 3 \nPage 4 of 4
Item # 6
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Minutes
Department:
Presenter:
Caption:Motion to approve the minutes of the Engineering Services
Committee held on February 26, 2019.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 7
Engineering Services Committee Meeting Commission Chamber - 212612019
ATTENDANCE:
Present: Hons. Hardie Davis, Jr., Mayor; M.Williams, Chairman;
Hasan, Vice Chairman; Garrett, member.
Absent: Hon. Frantom, member.
ENGINEERING SERVICES
1. Approve the Award of Bid Item 18-302 - Household Hazardous Waste Item
Materials Collection Events to Tradebe Environmental Services. Action:
Approved
Motions
fr'J:"' Motion rext Made Bv
Motion to
^ aDDrove.APProve votion Passes
3-0.
Commissioner Commissioner
Brandon Garrett Ben Hasan Passes
Seconded By Motion
Result
2. Discuss city's goat program. (Requested by Commissioner Marion ItemWilliams) Action:
Approved
Motions
[|j:" Motion Texr Made By seconded By Motion
r YPe r - -------- -'1 Result
Approve Motion to approve Commissioner Commissioner Passes
cancelling the goat Ben Hasan Brandon
program and that the Garrett
Director come back with
a solution on how the
issue will be addressed
regarding cutting,
mitigating and cleaning
Attachment number 1 \nPage 1 of 3
Item # 7
the retention ponds.
Motion Passes 3-0.
3. Motion to approve the minutes of the Engineering Services Committee held Item
on February 12,2019. Action:
Approved
4. Motion approve additional services with Merrick & Company (Mclaughlin Item
Whitewater Design Group) in the amount of $75,000. (Referred back to Action:
committee from Commission Meeting held February lgr2019) Approved
Motions
f#:'" Motion rext Made Bv
Motion to
^ aDDrove.APProve votio, passes
3-0.
Motions
Motion Motion TextI ype
Motion to approve a
limited scope of funding
in the amount of $30,000
^ for Option l-l forAPProve services r'om Merrick &
CompanJ,and Cranston
Engineering Group
Motion Passes 3-0.
seconded By Motion
Result
Commissioner Commissioner
Brandon Garrett Ben Hasan Passes
Made By
Commissioner
Brandon
Garrett
seconded By f;tjil
Commissioner
Ben Hasan Passes
5. Approve the deeds of dedication, maintenance agreements, and road ltem
resolutions submitted by the Engineering and Augusta Utilities Departments Action:for Southampton Subdivision, Section Six, including utility and access Approved
easement for discharge of stormwater (ponds not being dedicated at this time).
Motions
Motion
Type
Approve
Motion Text
Motion to
approve.
Made By
Commissioner
Ben Hasan
Seconded By
Commissioner
Brandon Garrett
Motion
Result
Passes
Attachment number 1 \nPage 2 of 3
Item # 7
Motion Passes
3-0.
6. Update from the Engineering Department staff regarding Kratha Drive's Item
sidewalks in front of Wilkinson Gardens Elementary School. (Requested by Action:
Commissioner Marion Williams) Approved
Motions
X:tl" Motion Text Made By seconded By Motion'l'ype Result
Motion to approve
a _-^-^_-^ receiving this item Commissioner CommissionerApprove as-information. Ben Hasan Brandon Garrett Fails
Motion Fails 2-1.
www.augustaga.gov
Attachment number 1 \nPage 3 of 3
Item # 7
Engineering Services Committee Meeting
3/12/2019 1:10 PM
private parking on public parking facilities
Department:
Presenter:Commissioner Marion Williams
Caption:Designation of private parking on public parking facilities.
(Requested by Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 8
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Receive as Information an update from the Environmental Services Department regarding Recycling
and the status of the Allied Energy Waste Reclamation Facility Project
Department:Environmental Services
Presenter:Lori Videtto, Dean Alford - Allied Energy
Caption:Update from the Environmental Services Department regarding
Recycling and the status of the Allied Energy Waste
Reclamation Facility Development.
Background:At a previous meeting, the Augusta Commission requested
updated information regarding the status of the recycling
program in Augusta, and the future outlook for the program.
Along with that update, it is also an opportune time to update the
Commission on the status of the Allied Energy facility that is in
the works, since that project will have an impact on the recycling
program. In 2017, Augusta entered into a lease agreement with
Allied Energy to develop a waste reclamation facility on a
portion of the Augusta landfill property. Permitting and design
have been ongoing; and site preparation is underway. Mr. Dean
Alford will provide an update on this project.
Analysis:The recycling program in Augusta encompasses not only the
materials collected in bins at the curb (paper, plastic, metal), but
also large metal items, electronics, automotive fluids, glass, and
tires. Some items can be diverted from the landfill for no cost,
some provide a source of income, and others - such as tires, are
expensive to recycle but cannot be placed into the landfill.
Financial Impact:
Alternatives:
Recommendation:Receive as information.
Funds are
Available in the
Cover Memo
Item # 9
Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Sanitary Sewer Connection Program - RFQ 16-205
Department:Utilities
Presenter:Tom Wiedmeier
Caption:Approve Budget Increase of $1,000,000 for the Sanitary Sewer
Connection Program - RFQ 16-205 awarded to Southern
Services and Universal Plumbing.
Background:The Sanitary Sewer Connection Program (RFQ 16-205)
connects new customers to Augusta’s sewer system for a
nominal fee. Many of these customers are unable to bear the
expense of re-plumbing their drain line, and therefore would not
connect to the system without this program.
Analysis:The program has resulted in 610 new customers to date,
representing an estimated $300,000 in new revenue each year.
$1,000,000 is programmed annually in our Capital
Improvements budget.
Financial Impact:1,000,000.00 in funds are available from account G/L
507043420-5425210 J/L 81500070-5425210
Alternatives:Do not approve
Recommendation:Recommend Commission approve funding increase Sanitary
Sewer Connection Program in the amount of $1,000,000.00
Funds are
Available in the
Following
Accounts:
$1,000,000.00 from account G/L 507043420-5425210 J/L
81500070-5425210
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 10
Attachment number 1 \nPage 1 of 1
Item # 10
OFFICIAL
VENDORS Attachment B E-Verify #SAVE Form Original 7 Copies
SOUTHERN SERVICES
2630 MILLEDGEVILLE ROAD
AUGUSTA, GA 30904
YES 608439 YES YES YES
UNIVERSAL PLUMBING
2415 MILLEDGEVILLE ROAD
AUGUSTA, GA 30904
YES 475934 YES YES YES
EARL BABBITT INC
1128 ELLIS STREET
AUGUSTA, GA 30901
Yes EXEMPT YES YES YES
STARK PLUMBING
106 HAMPTON TERRACE
NORTH AUGUSTA, SC 29841
YES 1113019 YES YES YES
Total Number Specifications Mailed Out: 24
Total Number Specifications Download (Demandstar):
Total Electronic Notifications (Demandstar):
Mandatory Pre-Proposal/Telephone Conference Attendees:
Total packages submitted: 4
Total Noncompliant: 1
Qualification Opening
RFQ Item #16-205 Sanitary Sewer Connection Services-
Task Order Phase II
for Augusta, Georgia - Utilities Department
RFQ Due: Tuesday, July 26, 2016 @ 11:00 a.m.
Page 1 of 1
Attachment number 2 \nPage 1 of 1
Item # 10
Engineering Services Committee Meeting
3/12/2019 1:10 PM
The railroad crossing at 6th Street.
Department:
Presenter:Commissioner Marion Williams
Caption:Discuss the railroad crossing at 6th Street. (Requested by
Commissioner Marion Williams - referred from March 5
Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 11
Engineering Services Committee Meeting
3/12/2019 1:10 PM
Wilkinson Gardens Elementary School
Department:
Presenter:
Caption:Update from the Engineering Department staff regarding Kratha
Drive's sidewalks in front of Wilkinson Gardens Elementary
School. (No recommendation from Engineering Services
Committee February 26, 2019 - referred from March 5
Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 12