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HomeMy WebLinkAbout2016-12-13-Meeting Minutes Engineering Services Committee Meeting Commission Chamber - 12/13/2016 ATTENDANCE: Present: Hons. Fennoy, Chairman; Hasan, Vice Chairman; Smith and Guilfoyle, members. Absent: Hon. Hardie Davis, Jr., Mayor. ENGINEERING SERVICES 1. Provide a path forward as to getting GDOT's attention to correct the problem created at the intersection of Deans Bridge Rd. and Gordon Highway. The problem is the elimination of the merge lane for northbound Deans Bridge traffic merging into eastbound Gordon Highway traffic. It is an extreme safety hazard! What is our path forward? (Requested by Commissioner Sias) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 2. Approve and receive as information from AED, the emergency construction services provided by Blair Construction and J. S Rowe, Inc. on the Patterson Bridge Road in the amount of $643,918 funded through the Stormwater Utility Program. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 3. Approve the acceptance of a Georgia DOT Transportation Alternatives Program Item (TAP) grant for the James Brown Boulevard phase 2 streetscape project, and authorize the Mayor to sign the necessary documents from the Georgia DOT. Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 4. Motion to approve the minutes of the Engineering Services Committee held on November 8, 2016. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 5. Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 033-2-113-00-0); 2644 Wheeler Road. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve w/ Conditions Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 6. Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-158-00-0); 2027 Willow Street. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 7. Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-159-00-0); 2029 Willow Street. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 8. Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-160-00-0); 2031 Willow Street. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 9. Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-066-00-0); 2049 Golden Rod Street. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 10. Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-113-00-0); 2060 Golden Rod Street. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 11. Motion to determine that the Alley between 512 Reynolds Street and 514 Reynolds Street, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 12. Approve award to provide on-call asphalt and concrete repairs. Bid 16-224 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 13. Approve Procurement of Replacement Parts for Hypochlorite Generation Equipment. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes 14. Provide a comprehensive update on the purchase of the Vac-Con trucks and Gradall excavators for the Engineering Department to support the Stormwater Program. (Requested by Commissioner Sias) Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve receiving this item as information. Motion Passes 4-0. Commissioner Grady Smith Commissioner Ben Hasan Passes 15. Receive as information the update on Stormwater for the 3rd Quarter. Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the January 10 committee meeting. Motion Passes 4-0. Commissioner Ben Hasan Commissioner William Fennoy Passes 16. Motion to approve Traffic Engineering’s purchase of thermoplastic striping material. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Ben Hasan Commissioner Grady Smith Passes www.augustaga.gov Engineering Services Committee Meeting 12/13/2016 1:15 PM Attendance 12/13/16 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Nancy Morawski From: Sent: To: Cc: Subject: Lena Bonner Friday, December 02,201612:50 PM Commissioner Sammie Sias Abie L. Ladson; Melanie Wilson;Janice Allen Jackson; Nancy Morawski RE:Agenda Items for 1"3 December 20L6 Committee Meetings Commissioner Sias, Will do as requested. Lena J. Bonner Clerk of Commission Office of the Clerk of Commission Suite 22o Municipal Building 535 Telfair Street Augusta, Georgia go9o1 Tel: 7o6-8zt-182o Fax: 7o6-8zr-r838 From: Commissioner Sammie Sias Sent: Friday, December 02,2OL610:54 AM To: Lena Bonner <lbonner@augustaga.gov> Cc: Abie L. Ladson <aladson@augustaga.gov>; Melanie Wilson <MWilson@augustaga.gov>; Janice Allen Jackson <Ja nice.Jackso n @a ugustaga.gov> Subject: Agenda ltems for 13 Decembe r 2016 Committee Meetings Ms. Bonner, Please add the following items to the committee agendas for 13 December 2015 Engineering Committee: Provide a comprehensive update on the purchase of the Vac-Con trucks and Gradall Excavators for the engineering department to support the Stormwater Program Engineering Committee: Provide a path forward as to getting GDOT's attention to correct the problem created at the intersection of Deans Bridge Rd and Gordon Highway. The problem is the elimination of the merge lane for northbound Deans Bridge traffic merging into eastbound Gordon Highway traffic. It is a extreme safety hazard!! What is our path forward? Public Services Committee: Planning and Development provide an update requested reference the following: SA-51- A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Land Subdivision Regulations for Augusta Georgia by amending the following sections: Section 302 - Development Plan - require multiple access points and interconnectivity to unsubdividedlands. Section 400 - General Standards for Streets - require multiple access points and interconnectivity to unsubdivided lands and length of cul-de-sacs. The question was raised concerning Home Owner Associations (HOAs) being obligated to maintain secondary access roads into subdivisions. This is a burden that an HOA will have responsibility for based on the decisionof the developer when the developer is in control of the HOA. The HOA folks get left hotding the bag formaintaining a road without having being part of the decision making process. If a satisfactory-resolution is notbrought forward, the commission should amend or rescind Section 302. Thanking everyone in advance. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" Please consider the environment before printing this email. This e-mail contains confidential information and is intended only for the individual named. lf you are not the named addressee, you should not disseminate,distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received thls e-mail by mistake and delete this e-mail from your system.The City of Augusla accepts no liability for the content of this e-mail or for the "tn""qrun""s of any actions taken on the basis of the information provided, unlessthat info-rmation is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily representthose of the City of Augusta. E-mail transmissions cannot be guaranteed to Le secure or error-free as informition could be intercepted, corrupted, lost, destroyed,arrive late or incomplete, or contain viruses. The sender thereiore does not accept liability for any errors or omissions in the content of this message which arise asa result of the e-mail transmission. lf verification is required, please requesl a haid copy version. AED:'104.1 Engineering Services Committee Meeting 12/13/2016 1:15 PM Deans Bridge Rd. and Gordon Highway Intersection Department:Clerk of Commission Presenter: Caption:Provide a path forward as to getting GDOT's attention to correct the problem created at the intersection of Deans Bridge Rd. and Gordon Highway. The problem is the elimination of the merge lane for northbound Deans Bridge traffic merging into eastbound Gordon Highway traffic. It is an extreme safety hazard! What is our path forward? (Requested by Commissioner Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 12/13/2016 1:15 PM Emergency Construction Services - Patterson Bridge Road Culvert Department:Engineering Presenter:Abie L. Ladson, Director Caption:Approve and receive as information from AED, the emergency construction services provided by Blair Construction and J. S Rowe, Inc. on the Patterson Bridge Road in the amount of $643,918 funded through the Stormwater Utility Program. Background:Heavy rains on April 1, 2016 caused Patterson Bridge Road to wash out and fail. Due to the magnitude of the problem and limited access to adjacent neighborhoods, the bridge replacement became an emergency. To mitigate impact to the area, AED requested assistance from Blair Construction and J.S Rowe, Inc., to facilitate bridge/culvert field design engineering, drainage & road construction work. Analysis:Work was done under an emergency condition that warranted a timely response by AED to minimize public exposure to hazards, and Augusta’s exposure to potential liability. It also warranted immediate action to establish a detour route through the Albion Kaolin Mine area. AED did not have sufficient in-house resources to complete all the required tasks in a timely manner and had to request assistance from outside local sources. Financial Impact:The latest invoice in the amount of $185,824 totals $643,918; funded through the city’s Stormwater fund. Alternatives:1) Approve and receive as information from AED, the emergency construction services provided by Blair Construction and J. S Rowe, Inc. on the Patterson Bridge Road in the amount of $643,918 funded through the Stormwater Utility Program. 2) Do not approve and seek alternate funding source Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 581-044320-5414710 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 12/13/2016 1:15 PM GDOT grant for James Brown Boulevard phase 2 project Department:Engineering Presenter:Margaret Woodard, DDA Director Caption:Approve the acceptance of a Georgia DOT Transportation Alternatives Program (TAP) grant for the James Brown Boulevard phase 2 streetscape project, and authorize the Mayor to sign the necessary documents from the Georgia DOT. Background:The Transportation Alternatives Program (TAP) was authorized under Section 1122 of Moving Ahead for Progress in the 21st Century Act (MAP-21) and is codified at 23 U.S.C. sections 213 (b), and 101(a)(29). Section 1122 provides for the reservation of funds apportioned to a State under section 104(b) of title 23 to carry out the TAP. The national total reserved for the TAP is equal to 2 percent of the total amount authorized from the Highway Account of the Highway Trust Fund for Federal-aid highways each fiscal year. (23 U.S.C. 213(a))The TAP provides funding for programs and projects defined as transportation alternatives, including on- and off-road pedestrian and bicycle facilities, infrastructure projects for improving non-driver access to public transportation and enhanced mobility, community improvement activities, and environmental mitigation; recreational trail program projects; safe routes to school projects; and projects for planning, designing, or constructing boulevards and other roadways largely in the right-of-way of former Interstate System routes or other divided highways. Analysis:It is in the City’s best interest to continue this next phase of James Brown Boulevard improvements from Twiggs Street to Laney- Walker Boulevard. Phase I involved improvements from Jones to Telfair Street and Walton Way to Barnes Street. This effort will continue to build on those enhancements. Financial Impact:By accepting this grant, Augusta will receive $472,000 in federal funds. The Downtown Development Authority will be providing the local matching funds of $125,188 from its SPLOST VI allocation, so no new or additional City funds are required. Alternatives:None recommended. Recommendation:Approve the acceptance of the Georgia DOT Transportation Alternatives Program (TAP) grant for the James Brown Boulevard phase 2 streetscape project, and authorize the Mayor to sign the necessary documents with the Georgia DOT. Funds are Available in the Following Accounts: $472,000 in federal funds from the GDOT TAP grant, and $125,188 from the DDA from its SPLOST VI allocation REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Commiffee Meeting Commission Chamber - ll1812016 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; Fennoy, chairman; Hasan, vice Chairman; Smith, member. Absent: Hon. Guilfoyle, member. ENGINEERING SERVICES 1. Approve professional services contract with WK Dickson for Phases I and 2 Item of the Camp Hancock Sewer Basin Outfall IRP in the amount of $313,150.00. Action: Approved Motions ryJ:" Motion rext Made By Seconded By Motion Result Motion Result Approve Motion to approve. Motion Passes 3-0. Commissioner Grady Smith Commissioner Grady Smith Commissioner BeHasan n Pu"t' 2. Motion to approve the minutes of the Engineering Services Committee held on Item October 25,2016. Action: Approved Motions |r'J:" Motion Text Made By seconded By Approve Motion to approve. Motion Passes 3-0. 3. Approve funding for Consultant Services Supplemental Agreement Eight to Item Cranston Engineering Group, PC., in the amount of $299,575.00 for thJRock Action: Creek/Warren Lake-Augusta Canal Basin Dredging Project as requested by the Approved AED. Commissioner Be'n purra, rtASAN Motions Motion Type Delete Motion Text Motion to delete this item from the agenda. Motion Passes 3-0. Made By Commissioner Grady Smith www.augustasa.sov seconded By Motion Result Commissioner Ben Hasan Passes Engineering Services Committee Meeting 12/13/2016 1:15 PM Minutes Department:Clerk of Commission Presenter: Caption:Motion to approve the minutes of the Engineering Services Committee held on November 8, 2016. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 033-2-113-00-0) 2644 Wheeler Road BACKGROUND: Owner died intestate and all heirs cannot be determined or located. Therefore, the City seeks to acquire property through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of .008 acre (351.67 sq. ft.) for right-of- way and 400.04 sq. ft. of temporary for one driveway easement. The appraised value is $1,700.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: PI #: 0011413 DEPARTMENT DIRECTOR_______________________ ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Sarah Berry, deceased, by and through her known and unknown heirs Engineering Services Committee Meeting 12/13/2016 1:15 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 033-2- 113-00-0); 2644 Wheeler Road Department:Engineering Presenter:Forrest M. Hensley Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 033-2-113-00-0); 2644 Wheeler Road. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: PI #: 0011413 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-158-00-0) 2027 Willow Street BACKGROUND: Owner signed Option; however, a Title Search reveals numerous outstanding federal and state tax liens in excess of $100,000.00. In order to proceed and avoid further project delays, condemnation is recommended to obtain clear title. The required property consists of 7,500 sq. ft. The appraised value is $6,500.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Billie M. Hill Engineering Services Committee Meeting 12/13/2016 1:15 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2- 158-00-0); 2027 Willow Street Department:Engineering Presenter:Forrest M. Hensley Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-158-00-0); 2027 Willow Street. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-159-00-0) 2029 Willow Street BACKGROUND: Owner signed Option; however, a Title Search reveals numerous outstanding federal and state tax liens in excess of $100,000.00. In order to proceed and avoid further project delays, condemnation is recommended to obtain clear title. The required property consists of 7,500 sq. ft. The appraised value is $6,300.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Billie M. Hill Engineering Services Committee Meeting 12/13/2016 1:15 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2- 159-00-0); 2029 Willow Street Department:Engineering Presenter:Forrest M. Hensley Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-159-00-0); 2029 Willow Street. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-160-00-0) 2031 Willow Street BACKGROUND: Owner signed Option; however, a Title Search reveals numerous outstanding federal and state tax liens in excess of $100,000.00. In order to proceed and avoid further project delays, condemnation is recommended to obtain clear title. The required property consists of 7,500 sq. ft. The appraised value is $6,300.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Billie M. Hill Engineering Services Committee Meeting 12/13/2016 1:15 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2- 160-00-0); 2031 Willow Street Department:Engineering Services Presenter:Forrest M. Hensley Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-2-160-00-0); 2031 Willow Street. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-066-00-0) 2049 Golden Rod Street BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner as to the property’s value and therefore seeks to acquire through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 7,500 sq. ft. for Right of Way. The appraised value is $6,300.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Donald E. Evans Engineering Services Committee Meeting 12/13/2016 1:15 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4- 066-00-0);2049 Golden Rod Street Department:Engineering Presenter:Forrest M. Hensley Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-066-00-0); 2049 Golden Rod Street. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission AGENDA ITEM __________ EDITION __________ CAPTION: Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-113-00-0) 2060 Golden Rod Street BACKGROUND: Despite repeated efforts, the City has been unable to reach an agreement with the property owner as to the property’s value and therefore seeks to acquire through condemnation. In order to proceed and avoid further project delays, it is necessary to condemn a portion of subject property. The required property consists of 7,500 sq. ft. for Right of Way. The appraised value is $6,300.00. ANALYSIS: Condemnation is necessary in order to acquire the required property. FINANCIAL IMPACT: The necessary costs will be covered under the project budget. ALTERNATIVES: Deny condemnation. RECOMMENDATION: Approve condemnation. AGENDA DATE: December 13, 2016. DEPARTMENT DIRECTOR: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNTS: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 ADMINISTRATOR: _________________________ FINANCE: _______________________________ DATE: November 1, 2016 TO: The Honorable Hardie Davis, Jr. Mayor Members of the Augusta Commission Members of the Public Services Committee FROM: Randolph Frails, Esquire and Andrew MacKenzie, General Counsel SUBJECT: Acquisition of Right-of-Way to City of Augusta, Georgia from Evelyn Smith Lowe Engineering Services Committee Meeting 12/13/2016 1:15 PM Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4- 113-00-0); 2060 Golden Rod Street Department:Engineering Presenter:Forrest M. Hensley Caption:Motion to authorize condemnation to acquire title of a portion of property for right-of-way (Parcel 087-4-113-00-0); 2060 Golden Rod Street. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: G/L: 328-041110-52.12122 J/L: 212828203-52.12122 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission THIS RESOLUTION OF THE AUGUSTA-RICHMOND COUNTY COMMISSION TO ABANDON THE ALLEY BETWEEN 512 REYNOLDS STREET AND 514 REYNOLDS STREET AS A PART OF THE ROAD SYSTEM OF AUGUSTA; THIS RESOLUTION, adopted by the Augusta-Richmond County Commission (“Commission”); WHEREAS, it has been proposed that the Commission make a determination that the Alley between 512 Reynolds Street and 514 Reynolds Street as shown on the attached plat, has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest and that the right-of-way should be abandoned as part of the Richmond County Road System; and WHEREAS, it has been Augusta, Georgia’s policy, pursuant to O.C.G.A § 32-7-2, to reduce the number of roads in Augusta, Georgia that are not utilized or useful to the public and to abandon such roads; and WHEREAS, a Public Hearing was held on November 21, 2016 at the Augusta-Richmond County Municipal Building, 2nd Floor, 535 Telfair Street, Augusta, Georgia; and WHEREAS, notice of such Public Hearing was published in The Augusta Chronicle, the newspaper in which Sheriff’s advertisements for Richmond County are published, on November 10, 2016 and November 17, 2016, and that the property owners located on the Alley between 512 Reynolds Street and 514 Reynolds Street were given notice; and WHEREAS, the results of the Public Hearing were reported to the Board of Commissioners and considered thereby; and WHEREAS, the Commission, at their meeting held, December 20, 2016, approved the proposed abandonment, pursuant to O.C.G.A. § 32-7-2 and the requirements of said statute having been met; NOW THEREFORE, be it resolved by the Commission and it is hereby resolved by the authority of same as follows: 1. It is hereby determined that all requirements of O.C.G.A. § 32-7-2 have been met for the abandonment and removal above-said of the Right-of-Way and such Right-of-Way no longer serves a substantial public purpose or that its removal from the county road system is otherwise in the best public interest and is hereby abandoned as part of the Richmond County Road System; 2. The land formerly comprising the Right-of-Way shall be quitclaimed as permitted by law to the adjoining property owner, subject to easements and restrictions deemed necessary by the Augusta Engineering Department and the Augusta Utilities Department, and the Mayor and Clerk of Commission are hereby authorized to execute the documents necessary to effectuate such transfer as directed by the Augusta Law Department. 3. This Resolution shall be recorded in the Minutes of the Augusta-Richmond County Commission, accompanied by the exhibits referred to herein; 4. This Resolution shall become effective immediately upon its adoption. DULY ADOPTED by the Augusta, Georgia Commission this ______ day of _____________________, 2016. AUGUSTA, GEORGIA COMMISSION By: ________________________________ Hardie Davis, Jr. As its Mayor Attest: ______________________________ Lena J. Bonner As its Clerk Engineering Services Committee Meeting 12/13/2016 1:15 PM Motion to Determine Abandonment of Alley between 512 Reynolds Street and 514 Reynolds Street Department:Law Presenter:Wayne Brown Caption:Motion to determine that the Alley between 512 Reynolds Street and 514 Reynolds Street, as shown on the attached plat has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, and to receive as information the results of the public hearing held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party (ies), as provided by law and an easement to be retained over the entire abandoned portion for existing or future utilities as directed by Augusta Engineering Department and Augusta Utilities Department and adopt the attached Resolution. Background:Rafik Bassali has requested that the alley be abandoned. Mr. Bassali is the owner of 512 Reynolds Street and 514 Reynolds Street. The alley lies between his two properties. The abandonment request has been reviewed by all essential county departments and administrators and approvals were received to this abandonment request. Pursuant to O.C.G.A. §32-7-2, a public hearing was held on November 21, 2016 for this matter. The legal description and plat of said Alley between 512 Reynolds Street and 514 Reynolds Street portion of are attached. Analysis:In addition to the information provided in the above Background section, results of the public hearing will be presented to the Commission. Notice to the property owners located thereon has been provided, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact: Alternatives: Recommendation:Approve determination and request for abandonment of the Alley between 512 Reynolds Street and 514 Reynolds Street pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies) as allowed by law, and an easement(s) as directed by the Augusta Engineering Department and the Augusta Utilities Department to be retained over the entire abandoned portion for existing or future utilities and drainage and adopt the attached Resolution. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission 1 OF 27 REVISION DATE: November 2016 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONTRACTOR SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND GEORGIA-CAROLINA PAVING COMPANY CONTRACTOR: Georgia-Carolina Paving Company PROJECT: On-Call Asphalt and Concrete Curb, Gutter, and Sidewalk Repair DATE EXECUTED: DATE COMPLETED: Revision date: November, 2016 2 OF 26 Revision Date: November, 2016 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ON-CALL ASPHALT AND CONCRETE CURB, GUTTER, AND SIDEWALK REPAIR Augusta, Georgia The Honorable Hardie Davis, Jr., Mayor Commissioners: William Fennoy Dennis Williams Sammie Sias Ben Hasan Bill Lockett Sean Franton Mary Davis Wayne Guilfoyle Marion Williams Grady Smith Tom D. Wiedmeier Director, Augusta Utilities Department Augusta Utilities Department 360 Bay Street, Suite 180 Augusta, GA 30901 DATE ______________________________ 3 OF 27 REVISION DATE: November 2016 STATE OF GEORGIA RICHMOND COUNTY MAJOR PROJECTS CONTRACTOR SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA (CITY) AND GEORGIA-CAROLINA PAVING COMPANY This Agreement is made and entered into this _____________ day of __________________, 2016 by and between AUGUSTA, Georgia, a political subdivision of the State of Georgia, hereinafter called the “CITY” and GEORGIA-CAROLINA PAVING COMPANY a Corporation authorized to do business in Georgia, hereinafter called the "CONTRACTOR." WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to furnish professional services for: On-Call Asphalt and Concrete Curb, Gutter, and Sidewalk Repair and, WHEREAS, the CONTRACTOR has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONTRACTOR that: The CONTRACTOR scope of work will consist of evaluating and repairing hydrants and valves as assigned by AUD team. The scope will also include allowing AUD staff to shadow CONTRACTOR so as to establish a policy and procedure for this program for future in-house use. The scope of services is more precisely defined in Attachment A Scope of Services. 4 OF 27 REVISION DATE: November 2016 GENERAL PROVISIONS CONTRACTOR has agreed, in this Agreement with CITY to provide the on-call services of providing asphalt and concrete for the various projects in accordance with the requirements as outlined in and attached as Attachment A – Scope of Services and other relevant data defining the Project. CONTRACTOR COORDINATION The CONTRACTOR shall cooperate fully with all municipalities, local government officials, utility companies, and other CONTRACTORs as directed by the CITY. CITY, CONTRACTOR and all relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall take actions reasonably necessary to enable each other to perform this Agreement in a timely, efficient and economical manner. All parties agree to cooperate in a manner consistent with good design practice and will exercise the degree of skill and diligence normally employed by professional engineers or CONTRACTORs practicing under similar conditions. CONTRACTOR will re-perform any services not meeting this standard without additional compensation. AMENDMENTS TO AGREEMENT Every amendment to the Scope of Services shall become and is hereby made a part of this Agreement. Amendments must be fully executed by both the CONTRACTOR and CITY to be valid. REDUCTION IN REQUIRED SERVICES If reductions in the required services are ordered by CITY, the credits shall be the amounts for such services as described in subsequently executed Amendments to this Agreement, and no claim for damages for anticipated profits shall accrue to the CONTRACTOR. DATE CHANGES If in this Agreement specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided and if such periods of time or dates are changed through no fault of CONTRACTOR, the rates and amounts of compensation provided for herein shall be subject to equitable adjustment. AGREEMENT MODIFICATIONS This Agreement shall not be modified except by a duly executed Amendment hereto in writing under the hands and seals of both parties hereto. 5 OF 27 REVISION DATE: November 2016 TIME OF COMPLETION The time of completion shall be as described in the schedule attached hereto as Attachment D - Schedule. This Agreement shall terminate immediately and absolutely at such time as appropriated and otherwise obligated funds are no longer available to satisfy the obligations of the CONTRACTOR on behalf of the CITY under this Agreement. However, CONTRACTOR will be compensated for all work prior to termination of contract even if the CITY has obligated the funds to other projects. PROJECT PROGRESS CONTRACTOR'S services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. BINDINGS It is further agreed that the CITY and CONTRACTOR each binds itself and themselves, its or their successors, executors, administrators and assigns to the other party to this Agreement and to its or their successors, executors and assigns in respect to all covenants of this Agreement. Except as above, neither CITY nor the CONTRACTOR shall assign, sublet or transfer its or their interest in this Agreement without prior written consent of the other party hereto. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations and agreements, either written or oral. 6 OF 27 REVISION DATE: November 2016 DEFINITIONS Wherever used in this Agreement, whether in the singular or in the plural, the following terms shall have the following meanings: Agreement Execution - means the date on which CONTRACTOR executes and enters into an Agreement with CITY to perform the Work. Agreement Price - means the total monies, adjusted in accordance with any provision herein, payable to the CONTRACTOR under this Agreement. CITY –means a legal entity AUGUSTA, Georgia, a political subdivision of the State of Georgia. CONTRACTOR - means the party or parties contracting directly with the CITY to perform Work pursuant to this Agreement. Contract - means the Agreement Documents specifically identified and incorporated herein by reference. Contract Time - means the period of time stated in this Agreement for the completion of the Work. Subcontractor - means any person, firm, partnership, joint venture, company, corporation, or entity having a contractual agreement with CONTRACTOR or with any of its subcontractors at any tier to provide a part of the Work called for by this Agreement. Supplemental Agreement - means a written order to CONTRACTOR signed by CITY and accepted by CONTRACTOR, effecting an addition, deletion or revision in the Work, or an adjustment in the Agreement Price or the Contract Time, issued after execution of this Agreement. Task Order – means a written order specifying a Scope of Services, time of completion and compensation limit for services being provided by CONTRACTOR. Task Orders shall be incorporated by reference as part of the Supplemental Conditions of this Agreement. Work - means any and all obligations, duties and responsibilities, including furnishing equipment, engineering, design, workmanship, labor and any other services or things necessary to the successful completion of the Project, assigned to or undertaken by CONTRACTOR under this Agreement. 7 OF 27 REVISION DATE: November 2016 CONTRACT DOCUMENTS List of Documents The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements, including Task Orders shall constitute the Agreement Documents (the “Agreement”). Conflict and Precedence The Agreement Documents are complementary, and what is called for by one is as binding as if called for by all. In the event there are any conflicting provisions or requirements in the component parts of this Agreement, the several Agreement Documents shall take precedence in the following order: 1. Agreement – Including Attachments 2. General Conditions 3. Supplemental Conditions – Including Task Orders 4. Bid Package Documents 8 OF 27 REVISION DATE: November 2016 GENERAL CONDITIONS 1. COMMENCEMENT OF WORK The performance of services as defined in the Prime Agreement between CONTRACTOR and the CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt by the CONTRACTOR of a written Notice To Proceed. The effective date of services shall be defined in the Notice To Proceed. 2. PROFESSIONAL STANDARDS The standard of care for all services performed or furnished by CONTRACTOR under this Agreement will be the level of care and that is ordinarily used by members of CONTRACTOR’S profession practicing under similar conditions. 3. CHANGES AND EXTRA WORK The CITY may, at any time, request changes in the work to be performed hereunder. All such changes, including any increase or decrease in the amount of the CONTRACTOR’s compensation, which are mutually agreed upon by and between the CITY and the CONTRACTOR, shall be incorporated in written Supplemental Agreements to the Agreement. Changes that involve an increase in the compensation shall be considered major, and require the approval of the CITY. 4. PERSONNEL The CONTRACTOR represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement; none of whom shall be employees of, or have any contractual relationship with, the CITY. All of the services required hereunder will be performed by the CONTRACTOR under its supervision, and all personnel engaged in the work shall be qualified and shall be authorized or permitted under law to perform such services. All key professional personnel, including subcontractors, engaged in performing services for the CONTRACTOR under this agreement are indicated in a personnel listing attached hereto as Attachment C – Listing of Key Personnel and incorporate herein by reference. No changes or substitution shall be permitted in the CONTRACTOR’s Key Personnel without the prior written approval of the CITY or his designee. The CONTRACTOR shall employ only persons duly registered in the appropriate category in responsible charge of supervision and design of the work. The CONTRACTOR shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONTRACTOR and responsible for the work prescribed by this Agreement. 9 OF 27 REVISION DATE: November 2016 5. ACCURACY OF WORK The CONTRACTOR shall be responsible for the accuracy of the work and shall promptly correct errors and omissions in its plans and specifications without additional compensation. The CONTRACTOR shall give immediate attention to these changes so there will be a minimum of delay to others. Acceptance of the work by the CITY will not relieve the CONTRACTOR of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. 6. CONFIDENTIALITY The CONTRACTOR agrees that its conclusions and any reports are for the confidential use and information of the CITY and that it will not disclose its conclusions in whole or in part to any persons whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this Agreement term, all documents, drawings, reports, maps, data and studies prepared by the CONTRACTOR pursuant thereto shall become the property of the CITY and be delivered thereto. Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the CITY. It is further agreed that if any information concerning the PROJECT, should be released by the CONTRACTOR without prior approval from the CITY, the release of same shall constitute grounds for termination of this Agreement without indemnity to the CONTRACTOR, but should any such information be released by the CITY or by the CONTRACTOR with such prior approval, the same shall be regarded as public information and no longer subject to the restrictions of this Agreement. 7. OPEN RECORDS CONTRACTOR acknowledge that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia’s Open Records Act (O.C.G.A. § 50-18-70, et seq.). CONTRACTOR shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. 8. JURISDICTION The law of the State of Georgia shall govern the CONTRACT between CITY and CONTRACTOR with regard to its interpretation and performance, and any other claims related to this agreement. All claims, disputes and other matters in question between CITY and CONTRACTOR arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONTRACTOR, by executing this Agreement, specifically consents to jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County, Georgia. 10 OF 27 REVISION DATE: November 2016 9. TERMINATION OF AGREEMENT FOR CAUSE If through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the CONTRACTOR shall violate any of the covenants, agreements or stipulations of this Agreement, CONTRACTOR will be given the opportunity to commence correction of obligation within 5 days of written notice and diligently complete the correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed, or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause for termination. The CITY shall thereupon have the right to terminate this Agreement by giving written notice to the CONTRACTOR of such termination, and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, maps, data, studies, work papers and reports prepared by the CONTRACTOR under this Agreement shall become the property of the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents, as mutually agreed by the CITY and CONTRACTOR. 9.1 SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE CONTRACTOR is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the contract price and schedule shall be equitably adjusted. 10. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may terminate this contract in part or in whole upon written notice to the CONTRACTOR. The CONTRACTOR shall be paid for any validated services under this Contract up to the time of termination. CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR which will fix the date on which Work will be resumed. 11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND CONTRACTORS CONTRACTOR shall thoroughly research all utility records to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of Services. If the CITY undertakes or awards other contracts for additional related work, the CONTRACTOR shall fully cooperate with such other CONTRACTORs and the CITY employees or appointed committee(s), and carefully fit its own work to such additional work as may be directed by the CITY. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by CITY employees. 11 OF 27 REVISION DATE: November 2016 12. COVENANT AGAINST CONTINGENT FEES The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by CONTRACTOR for the purpose of securing business and that the CONTRACTOR has not received any non-CITY fee related to this Agreement without the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or at its discretion to deduct from the Agreement Price of consideration the full amount of such commission, percentage, brokerage or contingent fee. 13. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONTRACTOR shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents and employees from all suits, claims, actions or damages of any nature whatsoever to the extent found to be resulting from the CONTRACTOR, its subcontracts, or agent in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. Indemnification: To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless CITY, and their consultants, agents and employees from and against all claims, damages, losses and expenses, direct, indirect or consequential (including but not limited to fees and charges of PROGRAM MANAGER, architects, attorneys and court and arbitration costs) arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR , any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. In any and all claims against CITY or any of their consultants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. The obligations of CONTRACTOR under this paragraph shall not extend to the liability of CITY's consultants, agents or employees arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications. CONTRACTOR , in order to determine the requirements of the Project, shall review the information in Attachment A – Scope of Services. CONTRACTOR shall review its understanding of the Project requirements with CITY 12 OF 27 REVISION DATE: November 2016 and shall advise CITY of additional data or services which are not a part of CONTRACTOR’s services, if any, necessary for design to begin. 14. INSURANCE The CONTRACTOR shall, at all times that this Agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that will ensure and indemnify both the CITY against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, act, or omission of the CONTRACTOR in performance of the work during the term of this Agreement. The CONTRACTOR shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The CONTRACTOR shall provide, at all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen’s Compensation Insurance – in accordance with the laws of the State of Georgia. B. Public Liability Insurance – in an amount of not less that One Million ($1,000,000) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000) Dollars on account of any one occurrence. C. Property Damage Insurance – in an amount of not less than One Million ($1,000,000) Dollars from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000) Dollars. D. Valuable Papers Insurance – in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance – in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. CITY will be named as an additional insured with respect to CONTRACTOR’s liabilities hereunder in insurance coverage’s identified in items (b) and (c). The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the CITY as co-insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filed with the Director at the time of the execution of this Agreement. 15. PROHIBITED INTERESTS 15.1 Conflict of Interest: The CONTRACTOR agrees that it presently has no interest and shall acquire no interest, direct or indirect, that would conflict in any manner or degree with the performance of its services hereunder. The CONTRACTOR further agrees that, in the performance of the Agreement, no person having such interest shall be employed. 13 OF 27 REVISION DATE: November 2016 15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure or for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. 15.3 Employment of CITY’s Personnel: The CONTRACTOR shall not employ any person or persons in the employ of the CITY for any work required by the terms of the Agreement, without the written permission of the CITY except as may otherwise be provided for herein. 16. SUBCONTRACTING The CONTRACTOR shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor. All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set forth in this Agreement. 17. ASSIGNABILITY The CONTRACTOR shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Agreement, the CONTRACTOR agrees as follows: (1) the CONTRACTOR will not discriminate against any employee or applicant for employment because of race, creed, color, sex or national origin; (2) the CONTRACTOR will, in all solicitations or advertisements for employees placed by qualified applicants, receive consideration for employment without regard to race, creed, color, sex or national origin; (3) the CONTRACTOR will cause the foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so that such provision will be binding upon each subcontractor, provided that the foregoing provision shall not apply to contracts or subcontracts for standard commercial supplies of raw materials. 19. DRUG FREE WORK PLACE CONTRACTOR shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, “workplace” is defined as CITY owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result in discipline and/or immediate discharge. CONTRACTOR shall notify the appropriate federal agencies of an employee who has a criminal drug statute conviction for workplace violation. CONTRACTOR may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate 14 OF 27 REVISION DATE: November 2016 20. ANTI-KICKBACK CLAUSE Salaries of architects, drafters, engineer’s, and technicians performing work under this Agreement shall be paid unconditionally and not less often than once a month without deduction or rebate on any account except only such payroll deductions as are mandatory by law. The CONTRACTOR hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate provisions in all subcontracts covering work under this Agreement. 21. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONTRACTOR shall make available to the CITY and/or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/or representatives of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. The CONTRACTOR shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable times during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONTRACTOR agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. 22. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE All documents and materials prepared as an instrument of service pursuant to this Agreement are the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials prepared under this Agreement without according credit of authorship. The CITY shall hold harmless the CONTRACTOR against all claims arising out of such use of documents and materials without the CONTRACTOR’s knowledge and written consent. 23. VERBAL AGREEMENT OR CONVERSATION No verbal agreement or conversation with any officer, agent, or employee of the CITY, either before, during, or after the execution of this Agreement, shall affect or modify any of the terms or obligations herein contained, nor shall such verbal agreement or conversation entitle the CONTRACTOR to any additional payment whatsoever under the terms for this Agreement. All changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above. 24. INDEPENDENT CONTRACTOR The CONTRACTOR shall perform the services under this Agreement as an independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or status. Nothing in this Agreement shall be interpreted or construed to constitute the CONTRACTOR or any of its agents or employees to be the agent, employee, or representative of the CITY. 15 OF 27 REVISION DATE: November 2016 25. NOTICES All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices shall be addressed as follows: CITY: CONTRACTOR: ADMINISTRATOR ADMINISTRATION AUGUSTA, GEORGIA Duke’s Root Control 535 Telfair Street, Ste. 910 1020 Hiawatha Blvd. West Augusta, GA 30901 Syracuse, NT 13204-1131 Copy to: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 26. LOCAL SMALL BUSINESS: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractors agree to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia upon request. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as required by Augusta, Georgia. Such utilization reports shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need assistance completing a form or filing information, please contact the Local Small Business Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from the contractor. 27. E-VERIFY: All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13- 10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in 16 OF 27 REVISION DATE: November 2016 connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) each subcontractor’s E-Verify number as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services 28. EXTENT OF THE AGREEMENT This Agreement represents the entire agreement between AUGUSTA and CONTRACTOR and supersedes all prior negotiations, representations and agreements, either written or oral. ACKNOWLEDGEMENTS “Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts [SIGNATURES ON FOLLOWING PAGE] 17 OF 27 REVISION DATE: November 2016 IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below: CITY: CONTRACTOR: AUGUSTA, GEORGIA (CITY) BY: BY: PRINTED NAME: Mayor Hardie Davis Jr. PRINTED NAME: AS ITS: MAYOR AS ITS:: ATTEST CLERK: ATTEST: PRINTED NAME: PRINTED NAME: AS ITS: Clerk of Commission AS ITS:: DATE: DATE: Copy To: DIRECTOR AUGUSTA UTILITIES DEPARTMENT 360 Bay Street, Suite 180 Augusta, GA 30901 18 OF 27 REVISION DATE: June 2006 CONTRACTOR’S RESPONSIBILITIES CONTRACTOR , in order to determine the requirements of the Project, shall review the information in Attachment A – Scope of Services. CONTRACTOR shall review its understanding of the Project requirements and shall advise CITY of additional data or services which are not a part of CONTRACTOR’s services, if any, necessary for design to begin. PROJECT UNDERSTANDING Upon request from the CONTRACTOR, CITY may provide all criteria and full information as to CITY's and CONTRACTOR'S requirements for this part of the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expendability, and any budgetary limitations. CONTRACTOR may request from the CITY to furnish data, reports, surveys, and other materials that may be relied upon in performing CONTRACTOR'S services. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY in association with this Agreement shall be subject to review. The CITY may at any time request progress reports, prints or copies of any work performed under this Agreement. Refusal by the CONTRACTOR to submit progress reports and/or plans shall be cause to withhold payment to the CONTRACTOR until the CONTRACTOR complies with the CITY’s request in the regard. The CITY’s review recommendations shall be incorporated into the plans by the CONTRACTOR. CONTRACTOR'S INSURANCE CONTRACTOR will maintain throughout this AGREEMENT the following insurance limits as specified in General Condition 14 – Insurance. 19 OF 27 REVISION DATE: November 2016 CITY’S RESPONSIBILITES CITY-FURNISHED DATA CITY will provide to CONTRACTOR all data in CITY's possession relating to CONTRACTOR's services on the PROJECT. CONTRACTOR will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by CITY. RIGHT TO ENTER The CONTRACTOR will notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing work in accordance with the practices of the CITY. The CONTRACTOR shall discuss with and receive approval from the CITY prior to sending notices of intent to enter private property. Upon request by the CONTRACTOR, the CITY will provide the necessary documents identifying the CONTRACTOR as being in the employ CITY for the purpose described in the Agreement. ADVERTISEMENTS, PERMITS, AND ACCESS Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for CONTRACTOR's services or PROJECT construction. TIMELY REVIEW CITY will examine CONTRACTOR's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other CONTRACTORs as CITY deems appropriate; and render in writing decisions required by CITY in a timely manner. PROMPT NOTICE CITY will give prompt written notice to CONTRACTOR whenever CITY observes or becomes aware of any development that affects the scope or timing of CONTRACTOR's Services, or of any defect in the work of CONTRACTOR or construction contractors. CITY'S INSURANCE CITY will maintain property insurance on all pre-existing physical facilities associated in any way with the PROJECT. 20 OF 27 REVISION DATE: November 2016 ATTACHMENT A – SCOPE OF SERVICES GENERAL The purpose of this bid item is so the Augusta Utilities Department (AUD) can secure an on-call contractor to provide asphalt pavement patch repairs in a timely manner. AUD will provide an area ready to receive 2” thick asphalt. The area will be made ready with straight-cut edges. Square or rectangle areas will be cut out when possible, however sometimes the nature of the work might require oddly shaped cuts be made. The base for the asphalt will be prepared by AUD crews. On occasion, the contractor may need to repair the area with graded aggregate base prior to installing the asphalt. Bituminous tack or other materials necessary for asphalt patch to adhere to the surfaces and remain in place will be provided by the contractor and included in the asphalt price. Asphalt rolled curb will be replaced to match existing work in the area. Removal of traffic plates and temporary traffic control will be provided by AUD. The contractor is responsible for site safety and ensuring traffic control measures are sufficient. The contractor and AUD’s project manager will discuss traffic control measures to be provided at least one day in advance of beginning the work. If traffic flaggers are needed, certified flaggers will be provided by the contractor at no additional cost to the department. In the event that AUD crews cannot prepare the area in advance, it will be up to the contractor to make the area ready for asphalt. This may include, but is not limited to, moving protective plates, excavating graded aggregate base from cut area to make ready for 2” of asphalt. Any preparation work necessary that is performed by the contractor will be included in SY price shown on bid sheet. All preparation work will be approved in advance by AUD management. Patched area will be made to look neat and clean before opening to traffic. Patches will be even with the existing surrounding road surfaces. Any depressed or raised areas in the patch will not be acceptable. Concrete curb, gutter and sidewalk repairs will be prepared by the contractor by neatly cutting the existing curb and gutter or sidewalk at the nearest control joint. At minimum, asphalt expansion joint will be placed on each end of the newly poured concrete. Longer stretches of work may require additional expansion joint be used. Control joints and additional expansion joint material will be provided by the contractor to match existing work in the area. Placing and removal of forms, procurement and delivery of concrete is the responsibility of the contractor. After forms are removed, spaces on both sides shall be backfilled with suitable earth, uniformly spread and compacted. The area will be left smooth with no dips or edges that may create a tripping hazard. Edges and concrete surfaces shall be finished to match existing work in the area. Exposed aggregate surfaces or ADA compliant raised walking areas will not be included in this contract. Concrete shall contain coarse and fine aggregate with a minimum 3,000 pounds compressive strength per square inch at 28 days. Water used for concrete work will be free from salt, oil or organic substances. Water from creeks, rivers, ponds or ditches shall not be used. The contractor will provide “Sidewalk Closed” signs and additional barriers or caution tape to prevent damage to the newly poured concrete as necessary. Removal of pedestrian barriers will be the responsibility of the contractor and will take place as soon as possible once the concrete is 21 OF 27 REVISION DATE: November 2016 cured enough for use. The contractor will call AUD’s project manager once work is complete for a final field inspection of the concrete repairs. Item Description Unit Quantity Asphalt 2” thick SY 3,500 Preparation work SY 3,500 Curb & Gutter LF 200 Concrete Sidewalk, 4” SF 200 Graded Aggregate Base CY 200 Saw Cutting (when approved by AUD) LF 25 When work requires the department to remove asphalt or concrete, the contractor will be provided a list of locations that require asphalt placement on a daily basis. If no cuts are made, the contractor will not receive a list. The asphalt shall be placed within one week after receiving the location report, unless authorization has been received otherwise from AUD. The contractor will provide one full working day notice (24 hours) to AUD’s project manager prior to beginning asphalt repairs. This will allow for scheduling removal of plates (as necessary) and providing temporary traffic control measures as needed. Discussion of traffic control measures to be provided will take place during this time as well. Removal of discarded, surplus or rejected materials will be by the contractor. AUD reserves the right to require removal of any defective work. Upon written notification, contractor shall take immediate action to correct faulty work at contractor’s expense. All remedial work shall be completed within three working days, weather permitting. In the event traffic control or additional permits are necessary for replacement of defective work, those shall be provided by the contractor at no expense to AUD. All work will have a 180-day guarantee against defects in materials or workmanship. During this period, any repairs required will extend the warranty for an additional 180-day period from the date of the remedial work. Due to changes in the price of asphalt based materials, the contractor may present a cost change request every 90 days for the life of this contract. Proof of rising costs must be provided by the contractor. The cost change request will be reviewed and approved or denied within 5 working days by AUD. If denied, this contract shall end in 30 days from the date of written notice from AUD. Work required in that 30 days will be at current contract prices. Contract Period The initial term of the contract shall be for the period of one year. The contract may be extended for additional one-year periods up to a total of three additional years, with the mutual consent of AUD and the Contractor. Price changes for succeeding years shall be adjusted in accordance with the consumer price index for Augusta, Georgia locale. 22 OF 27 REVISION DATE: November 2016 See detail. 23 OF 27 REVISION DATE: November 2016 ATTACHMENT B - COMPENSATION The CITY shall compensate the CONTRACTOR for services, which have been authorized by the CITY under the terms of this Agreement. The CONTRACTOR may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services, which were completed during the billing period. The CITY shall review for approval said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not considered to be evidence of performance by the CONTRACTOR to the point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems, which have been encountered, which may inhibit execution of the work. The CONTRACTOR shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. When the CITY authorizes the CONTRACTOR to proceed with the work authorized in a Task Order, it agrees to pay the CONTRACTOR for work completed, on the basis of the standard billing rates shown in Attachment B to the Contract of those principals and employees engaged directly on the work. Compensation for design services shall be invoices based on the sum of all actual costs incurred in the performance of the work, including all direct, payroll, overall and profit cost in an amount not-to-exceed the compensation set forth in the terms of the Agreement or any authorized Task Order. All invoices submitted by the CONTRACTOR shall be detailed to reflect incurred expenses, labor hours and costs by authorized Task. Overtime may be performed at the discretion of the CONTRACTOR, but the premium time portion of the overtime will not be billed to the CITY unless the CONTRACTOR has requested acceleration of the scheduled work in writing. GEORGIA PROMPT PAY ACT: This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. Defective pricing To the extent that the pricing provided by PLUMBER is erroneous and defective, the parties may, by agreement, correct pricing errors to reflect the intent of the parties. 24 OF 27 REVISION DATE: November 2016 25 OF 27 REVISION DATE: November 2016 ATTACHMENT C – LISTING OF KEY PERSONNEL CONTRACTOR shall provide qualified personnel to perform its work. The list of key personnel below, including a designated Project Manager will not change or be reassigned without the written approval of the CITY. Those personnel committed for this work are as follows: 26 OF 27 REVISION DATE: November 2016 ATTACHMENT D – SCHEDULE FOR PERFORMANCE The work sequence and work schedule will be in accordance with specifications as defined in Attachment A. 27 OF 27 REVISION DATE: November 2016 CONTRACTOR SERVICES AUGUSTA UTILITIES DEPARTMENT CONTRACTOR BY: BY: PRINTED NAME: PRINTED NAME: TITLE: DIRECTOR TITLE: DATE: DATE: ADDITIONAL SERVICES: 1. Revisions to the plans/contract documents to extend the limits of the project after this AGREEMENT has been executed by the CITY. 2. Revisions due to incorrect locations of existing utilities by the CONTRACTOR (i.e., correct location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of the CONTRACTOR. Other revisions required by the CITY, DOT, EPD, or other government agency at their request will be considered an additional service. 3. Other not described above, as approved by the CITY. Invitation to Bid Sealed bids will be received at this office until Friday, September 16, 2016 @ 11:00 a.m. for furnishing: Bid Item #16-224 On-Call Asphalt and Concrete Curb, Gutter and Sidewalk Repair – Augusta Utilities Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 Bid documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Friday, September 2, 2016 @ 5:00 P.M. No bid will be accepted by fax, all must be received by mail or hand delivered. No bids may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference an eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov No bid will be accepted by fax, all must be received by mail or hand delivered. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle August 11, 18, 25, September 1, 2016 Metro Courier August 17, 2016 OFFICIAL VENDORS Attachment B E-Verify #Addendum 1 SAVE Form Asphalt 2" Total Price Curb & Gut Total Price Pre for As Total Price Con Side 4 Total Price Gra Agg Ba Total Price Saw Cutt Total Price Total Blair Construction P. O. Box 770 Evans, GA 30809 Yes 224004 Yes Yes $75,600.00 $47,495.00 $25,000.00 $7,000.00 $44,000.00 $2,500.00 $201,595.00 Georgia-Carolina Paving Company 3020 Milledgeville Rd. Augusta, GA 30904 Yes 100183 Yes Yes $87,500.00 $33,250.00 $4,400.00 $2,000.00 $400.00 $25.00 $127,575.00 Sitec LLC 522 Railroad Ave North Augusta, SC 29841 Yes 212379 Yes Yes $56,980.00 $70,000.00 $3,900.00 $2,020.00 $5,600.00 $75.00 $138,575.00 The following vendors did not respond: J & B Construction / 3550 Gordon Highway / Grovetown, GA 30813 Beam's Contracting / 15030 Atomic Rd / Beech Island, SC 29842 Contract Management / 1827 Killingsworth Rd / Augusta, GA 30904 Harris Construction / P. O. Box 14311 / Augusta, GA 30909 Horizon Construction / P. O. Box 798 / Evans, GA 30809 Bid Opening Bid Item #16-224 On-Call Asphalt and Concrete Curb, Gutter & Sidewalk Repair for Augusta, Georgia - Utilities Department Bid Due: Friday, September 16, 2016 @ 11:00 a.m. Total Number Specifications Mailed Out: Total Number Specifications Download (Demandstar): Total Electronic Notifications (Demandstar): Pre-Bid/Telephone Conference: NA Total packages submitted: 3 Total Noncompliant: 0 Page 1 of 1 Engineering Services Committee Meeting 12/13/2016 1:15 PM On-Call Asphalt Patch Repair and Concrete Curb and Sidewalk Replacement Department:Utilities Presenter:Tom Wiedmeier Caption:Approve award to provide on-call asphalt and concrete repairs. Bid 16-224 Background:Augusta Utilities received sealed bids for providing on-call asphalt and concrete repairs. This service will be used when repair of Augusta Utilities underground assets requires removal of asphalt or concrete. Utilizing an on-call contractor we can limit the amount of time that a road cut or sidewalk cut remains unrestored to its condition prior to the repairs. Expedient repairs to the roadway and sidewalk limits the potentially negative impact on our customers. The bid was prepared to allow for up to three additional one-year period renewals with this contractor. Analysis:Augusta Utilities has been successful in past years with this type of project. Utilities personnel have compared all received bids and found that Georgia-Carolina Paving Company provides the best value for the department. Financial Impact:The requested amount is $127,575.00. Funds are available in account 506043410-5311912 in the following breakdown: 2016- $75,000.00 2017-$52,575.00 Alternatives:Deny the request. Recommendation:We recommend approval of the purchase order to Georgia- Carolina Paving Company. Funds are Available in the Following Accounts: Funds are available in account 506043410-5311912 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission ;0: Dofee" Hester (Utilities) 11/16/16sh Sole Source Justification (Reference Article 6, Procurement Source Selection Methods and Contract Awards, § 1-10-56 SOLE SOURCE PROCUREMENT Vendor: __ ~S~e~y~e~rn~T~re~n~tuD£e~Nuour~a~T~e~x~a~s~l_LC~ __ E-Verify Number: __ ~STS 130722 Commodity: HyPO Generation Parts Estimated annual expenditure for the above commodity or service: Initial all entries below that apply to the proposed purchase. Attach a memorandum containing complete justification and support documentation as directed in initialed entry. (More than one entry will apply to most sole source products/services requested). _ .... ___ x __ I. SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER OR PROVIDER. THERE ARE NO REGIONAL DISTRIBUTORS. (Attach the manufacturer's written certitication that no regional distributors exist. Item no. 4 also must be completed.) 2. SOLE SOURCE REQUEST IS FOR ONLY THE AUGUSTA GEORGIA AREA DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the manufacturer's -not the distributor's -written certification that identifies all regional distributors. Item no. 4 also must be completed.) . 3. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE WITH SIMILAR PARTS OF ANOTHER MANUFACTURER. (Explain in separate memorandum.) 4. THIS IS THE ONL Y KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FUNCTION. (Attach memorandum with details of specialized function or application.) . 5. THE PARTS/EQUIPMENT ARE REQUIRED FROM THIS SOURCE TO PERMIT STANDARDIZATION. (Attach memomndum describing basis for standardization request.) 6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATION AND JUSTIFICATION FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM. The undersigned requests that competitive procurement be waived and that the vendor identified as the supplier ofthe service or material described in this sole source justification be authorized as a sole source for the service or material. Name: Gene 8odie..___ Department: AVD Administrator Appro COMMENTS: " /,'(/ w rt/LOuiJf'~ Rev. 09110/12 Date: 10/18/20 .. Date: ( 0/ t-.+f '" Date: ~J!!? jl Y ~~ Date: \ \ l ""V ~~C= I2D ADMINISTRATOR'S OFFICE NOV 15 2016 , /~ "---~ o __ ~ __ ~~F----CHECK ALL THAT APPI. Y: AUGUSTA UTILITIES DEPARTMENT IN-HOUSE REQUISITION REQUISITION # \ -l \ DATE: 10/18/2016 o WATER o EQUIPMENT 0 CHEMICAL 0 LAB o IT 0 ROUTINE o SEWER o SUPPlIES FUND#: 506043520 -5tf;51/o 0 SERVICE D1V1SION Highland Water Filter Plant o TOOLS 0 GASES 0 UNIFORM o SAFETY 0 REPAIR 0 UFT STATION o OFFICE 0 MAINTENACE 0 OTHER o SCADA 0 EMERGENCY o INVENTORY 0 SOLE SOURCE o BID ITEM 0 PREFER ITEM SHIP TO: VENDOR: Severn Trent DeNora Texas Highland Water Filter Plant ADDRESS: 1110 Industrial Blvd, Sugarland TX 77478 2835 Central Ave. PHONE#: 281.240.6770 QUOTE!) RY: Najmeh Quote: QP04697 ITEM ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE # 1 L 1 ()-U I)Ub-l 1 58,000.00 58000.00 0.00 CT/)U CELL A:S:SY 0.00 0.00 0.00 0.00 2 5604-044 2 705.60 I 411.20 0.00 ANODE (+) END CAP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 o.oe 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 SHIPPING CHARGES I 50.00 50.00 0.00 TOTAL ------59.461.20 ------0.00 ------.JUSTIFICATION ANI) EXPLANATION FOR 1'llIU:lIASE: Parts required to maintain hypo system .. THIS CELL ASSEMBLY IS VITIAL TO HIGHLANDS CHLORINE DISINFECTION PROCESS REQUESTED BY: /(Jt;/P, 1/ Received by: OCT 182016 Doreen Hester APPROVED BY: r;/. hi /it' ~proved:' '" ~(~D.~ AUD Director ~\\~ . TOTAL PRICE ' 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0,00 0.00 0.00 0.00 0.00 Rev. 4/29/2013 Tom D. Wiedmeier, P.E. Director Sole Source Justification for Hypo Generator Parts The hypo cell units are proprietary to manufacture and no others' can be used in application. Highland Ave WTP require these items to maintain the systems integrity and provide disinfectant for water production. Regards -~ C_Gene Bodie 10/18116 ~roved: ,~])W~ AUD Director Augusta Utilities Administration 360 Bay Street -Suite 180 -Augusta. OA 3090 I (706) 312-4154 -Fax (706) 312-4123 WWW.AlJOUSTAOA.OOV Date: To: Copy: 18 October 2016 Mr. Gene Bodie Augusta Utilities Augusta Georgia Allen Walker, Templeton & Associates Joe Kelly -Temsco DeNera Water Texas LlC (Formerly Severn Trent De Nora Texas, LLC) 1110 Industrial Blvd Sugarland TX 77478 Direct:+l (281) 274 ·6770 Fax:+ 1 (281) 240-6762 www,denoracom From: Subject: Kyle T. Cook, Eastern RSM De Nora Watwer Technolgies Clortec Exclusivity for Georgia Dear Mr. Bodie, Denora Water Technologies is the sole manufacturer of the Clortec Onsite Hypochlorite Generation System, inclusive of any new equipment manufactured by Denora Water Technologies which works in conjunction with and/or is compatible with the Clortec product line. Kyle T. Cook Eastern Regional Sales Manager De Nora Water Technologies We are now a De Nora company and we are aDe Nora Water Technologies Business Unit". Our company is changing name and the new name shall be De Nora Water Technologies, Inc. QUOTATION UUOl729 1110 Industrial Blvd Sugarland TX 77478 Telephone: 281-240-6770 Fax: 281-274-8492 HIGHLAND AVE WTP WATER FILTER SERVICES 2835 CENTRAL AVE ATTENTION: GENE BODIE AUGUSTA GA 30909 USA [ QUANTITY I UM ITEM I DESCRIPTION QUOTE NUMBER: QP04697 PAGE: 1 QUOTE DATE: 10/12/16 EXPIRATION DATE: 01/10/17 AUTHORIZED REPRESENTATIVE: TERMS: NET 30 DAYS UNIT PRICE 1.000 CT6-0750E-1 58,000.00000 EA CELL, ASSEMBLY, CT750, DRINKING/NSF, 2.000 5604-044 705.60000 EA PLUG, ANODE (+), 11 INCH DIA., ACRYLIC, CUSTOMER'S ACCEPTANCE OF THIS QUOTATION IS EVIDENCED BY THE SIGNATURE APPLIED HERETO AND CONSTITUTES A CONTRACT TO PURCHASE SUBJECT ONLY TO THE TERMS AND CONDITIONS PROVIDED HEREWITH. ANY CONFLICTING TERMS AND CONDITIONS PROVIDED BY BUYER ARE EXPRESSLY DISCLAIMED. SIGNATURE: DATE: * Country of Origin: USA * Sch B: 8421.99.0040 *ECCN: NLR-EAR99 *Lead time is 1-3 Weeks ARO. **Based on factory workload.** **Availability is subject to prior sale** 58,000.00 1,411.20 De Nora Water Technologies, Inc. QUOTATION QUOTE NUMBER: QP04697 PAGE: 2 1110 Industrial Blvd Sugarland TX 77478 Telephone: 281-240-6770 Fax: 281-274-8492 QUOTE DATE: 10/12/16 EXPIRATION DATE: 01/10/17 AUTHORIZED REPRESENTATIVE: UUOl729 HIGHLAND AVE WTP WATER FILTER SERVICES 2835 CENTRAL AVE ATTENTION: GENE BODIE AUGUSTA GA 30909 USA UM ITEM I DESCRIPTION * EXWORKS, our crating company, Houston, TX If you wish to order the part please sign the attached quote and provide your PO number and Bill and ship to address to avoid approval delays. Minimum order of $50.00 required Standard documentation and packaging are provided. We cannot pack to military specifications nor do we offer bar-coding services. Seller may freely assign any order issued by Buyer to any of Seller's affiliates, and shall notify the Buyer of same, at its option. Seller reserves the right to manufacture, or to have manufactured at an affiliated facility worldwide, any of the Products, in whole or in part, associated with an order issued hereunder. Per attached De Nora Water Technologies Texas LLC Terms and Conditions EXW (Ex-Works): Sugar Land, Texas 77478 U.S.A. Best Regards, Najmeh Dehghani TERMS: NET 30 DAYS UNIT PRICE ·De Nora Water Technologies, Inc. QUOTATION UUOl729 1110 Industrial Blvd Sugarland TX 77478 Telephone: 281-240-6770 Fax: 281-274-8492 HIGHLAND AVE WTP WATER FILTER SERVICES 2835 CENTRAL AVE ATTENTION: GENE BODIE AUGUSTA GA 30909 USA QUANTITY I UM ITEM I DESCRIPTION Inside Sales Representative QUOTE NUMBER: QP04697 PAGE: 3 QUOTE DATE: 10/12/16 EXPIRATION DATE: 01/10/17 AUTHORIZED REPRESENTATIVE: TERMS: NET 30 DAYS UNIT PRICE De Nora Wate~ Technologies Texas LLC (Formerly S~vern Trent De Nora Texas, LLC) T: 001 (281) 240-6770 Main T: 001 (28i) 274-8429 Direct F: 001 (281) 240-6762 E: Najmeh.dehghani@Denora.com W: www.denora.com Sale Amount: Sales Tax: Mise: Total Amount: Thank you for your order! Please verify & respond if any changes are necessary,otherwise your order will be processed as stated. Freight & Tax are determined at Invoicing. NETAMOUN~ 59,411.20 0.00 0.00 59,411.20 Controlled Document: Version 1.0 -17 Aug 2016 DE NORA WATER TECHNOLOGIES (AFTER SALES AND SERVICE) ®DENORA GENERAL TERMS AND CONDITIONS OF SALE OF PARTS 1. APPLICABLE TERMS The sale hereunder of Parts, Spare Parts, Replacement Parts, Refurbished Parts, Repaired Parts, other Parts (collectively, the "Parts''') to any customer ("Buyer") is limited to and made expressly conditional on Buyer's acceptance of these teons and conditions of sale. These teons and conditions shall control over any inconSistent or additional terms or conditions proposed or issued by Buyer, including any additional or different teons contained in any purchase order, acknowledgement, proposal or other communication, written or otherwise, unless specifically agreed to in writing by both parties. Buyer's acceptance of delivery or the full or partial payment of the purchase price hereunder, shall constitute Buyer's acceptance of all the terms and conditions stated herein, notwithstanding any other inconsistent terms and conditions, prior dealings or usage of trade. 2. PRICES AND PAYMENT TERMS Buyer shall pay the full purchase price as set forth in the applicable purchase order or on the face of that certain document to which these terms are attached ("Seller's Documentation"), (collectively with these terms and conditions. the "Contract") without any deduction by way of, set-off, counterclaim, discount or otherwise. All prices and payments shall be in U.S. currency. Unless specifically noted otherwise in Seller's Documentation, prices are exclusive of any and all sales, use, excise, ad valorem. property or other taxes, duties or levies of any kind due or applicable to this transaction. Buyer shall pay directly or reimburse Seller immediately upon demand for any and all such taxes. Payment terms are cash in advance unless Buyer has applied for and Seller has granted credit terms. Where payment on credit teons is approved, payment terms are Net Thirty (30) Days from date of invoice. No discounts shall apply. Any payments delayed beyond thirty (30) days from the specified due date shall be subject to interest on the unpaid balance at the rate of one and one-half (1-1/2%) percent per month or the maximum rate permitted by applicable law, whichever is less. Seller reserves the right, among other remedies, to suspend further deliveries in the event Buyer fails to pay for anyone shipment when payment becomes due. All Contracts are subject to credit approval. Should Buyer's financial condition become unsatisfactory to Seller, Seller shall have the right, al ils option, to payment in advance, to cash payment upon delivery or to satisfactory security. 3. DEUVERY AND RISK OF LOSS Delivery dates set forth in Seiler'S Documentation are approximate and Seller will make all reasonable efforts to meet same. Timely delivery is subject to prompt receipt from Buyer of accurate and complete technical and Shipping infoonation. Seller reserves the right to make partial shipments, invoices for which shall be due and payable in accordance with the payment terms speCified above. Where payment is due in advance or by Letter of Credit, timely delivery is further subject to timely receipt of such payment or issuance of such Letter of CredIt. All Shipping and handling costs are to be paid by Buyer. Buyer Is liable for compliance with all laws and regulations goveming the unloading, storage, handling and use of all Parts. Whether or not installation services are performed by Seller, title and risk of loss shall pass to Buyer in accordance with the stated shipping terms under Incoterms 2010. Unless otherwise agreed and specified on the purchase order or Seller's Documentation, shipping terms are EXW Seller's Facility. Seller will notify Buyer when Parts are available for shipment. Buyer must provide Seller with specific written instructions as to Buyer's preferred method of shipment or common carrier. If Buyer does not arrange for a freight carrier or freight forwarder to collect the Parts within seven (7) calendar days following notification that the Parts are available, Seller may, at its own discretion and at Buyer's cost, arrange for Parts to be collected by a freight carrier or freight forwarder for shipment to Buyer. Alternatively, Seller may choose to store the Parts and may charge Buyer a storage fee. In the event Buyer requests a postponement of delivery beyond the date specified In Seller's Documentation, Seller may invoice the Buyer and title and risk of loss shall pass to Buyer at such time as Parts are made available for shipment, but in no event earlier than the deHvery date specified in SeUer's Documentation. If delivery is postponed by Buyer, Seller shall endeavor but shall not have the obligation to either store the Parts or secure a storage location at Buyer's expense and based upon terms and conditions agreeable to the parties. Prior to installation, Parts must be stored by Buyer in accordance with the storage instructions that may be a part of Seller's instructions for Parts installation, maintenance and care. In the absence 01 specifIC instructions, Parts must be stored prior to their installation in an enclosed space affording protection form weather, dust and physical damage and providing appropriate temperature, humidity and ventilation conditions to prevent deterioration. Buyer's failure to follow Seller's storage instructions may cause damage to the Parts and will void the warranties provided hereunder. Seller shall have the right to inspect Parts stored by Buyer prior to installation. If Parts are stored by Buyer for a period of 90 days or more, Buyer shall reimburse Seller for all reasonable costs of inspection. 4. PERMITS, REGISTRATIONS AND LAWS Buyer is responsible for all peonits and registrations and for compliance with local laws concerning permitting, registration, installation and use of the Parts.. Buyer shall indemnify and hold harmless Seller from any and all costs, damages, fines and penalties resulting from Buyer's failure. to comply with local laws, permits and regulations. Buyer shall strictly comply with and refrain from exporting or re-exporting the Parts in violation of United States' laws regarding trade restrictions and embargoes, as such laws may be amended from time to time. Unless otherwise agreed according to the speCified Incoteons goveming shipment of the Parts, Seller shall have no obligation or liability for export clearance, customs clearance or import duties of any kind. Issued 17 August 2016 Controlled Document: Version' ,0 -17 Aug 2016 ®DENORA Seller may provide reimbursement to Buyer or Buyer's representative, either directly or indirectly through intermediaries, for their reasonable and bona fide travel and lOdging expenses in connection with Buyer's purchase of Parts hereunder. Any such reimbursement is NOT a payment, gift. offer or promise of anything of value, but is rather provided to Buyer for the sole purpose of reimbursing Buyer's reasonable travel and lodging expenses related to the promotion. demonstration or explanation of the Parts being offered by Seller to Buyer. Should Seller discover that a violation of the U,S, Foreign Corrupt Practices Act or the UK Bribery Act 2010 has occurred or is likely to occur. Seller shall have the right to unilaterally terminate the Contract. 5. INSPECTION AND ACCEPTANCE Buyer has the right to inspect Parts at Seller's facility prior to shipment provided that advance written arrangements are made by Buyer and are confirmed in writing by Seller, Any and all costs associated with inspection and testing requested by Buyer at Seller's facility will be paid by Buyer, Buyer shall inspect and examine all Parts immediately upon receipt and shall notify Seller in writing of all discrepancies and damages within ten (10) calendar days after receipt. If Buyer receives Parts with visible or suspected damage or loss, including damages to the packaging, or with discrepancies in specification. Buyer shan make relevant notes in receiVing documents and notify Seller immediately, Such notice shall be reasonably detailed and shall specify the damage or discrepancy. Buyer's failure to inspect the Parts and give written notice to Seller of any alleged defects or non-conformity within a reasonable period of time after receipt at the point of destination shall waive Buyer's right to reject the Parts and return them to Sener for credit and Buyer's sole remedy for non-conforming or defective Parts shall be warranty claims made in accordance with Article 8 herein. Notwithstanding any right conferred upon the Buyer to inspect or test the Parts prior to acceptance, any use or alteration of the Parts by Buyer, its agents, employees or licensees, for any purpose after delivery thereof, shall constitute Buyer's irrevocable acceptance of the Parts, Accordingly, in the event of any discovery by Buyer of a non-conformity or defect following such acceptance of the Parts, Buyer's sole recourse is a warranty claim pursuant to the warranty provisions stated in Article 8 herein, 6. INSTALLATION SUPERVISION SERVICES If Seller's scope of supply inctudes installation supervision services, Buyer will confirm to Seller at least two (2) weeks prior to the date SeUer's personnel wiU be required on site to perform such services that Buyer has fuRy completed all work necessary for such installation superviSion services in accordance with Seiler'S instructions. In the event that the completion of such services is delayed by Buyer for any reason not the fault of Seller following Seller's arrival on sile, Buyer shall pay for any additional costs resulting from the deiay, Seller shall not be responsible for the means and methods selected for such installation, nor for the manner in which such inslallation services are performed, including the efficiency, adequacy and safety of same. Seller makes no warranty, express or implied, with respect to such installation supervision services, except that the Seller shall be responsible for any claims or damages resulting from its own negligence, 7. CANCELLATION Unless otherwise provided in Seller's Documentation, if Buyer cancels or partially cancels a Contract, Buyer shall promptly pay Seller for all work performed on account of the Parts prior to suspension and/or cancellation plus any other reasonable costs incurred by SeUer as a result of such suspension and/or cancellation including, if applicable, an appropriate restocking fee. 8. WARRANTY SUbject to the conditions stated below, Seller warrants the Parts against defects in materials and workmanship in accordance with the following table. Seller shall, at its sole option, repair or replace any Parts that prove upon examination to the satisfaction of Seller to be defective, only if Buyer notifies Seller in writing immediately upon the defect becoming apparent and the defect is due to the faulty design. materials or workmanship of Seller, In the event that Seller fails to initiate a corrective action plan to repair or replace the defective components within ten (10) days following Buyer's notification. Buyer may, at their option, take action to repair or replace such defective Part, In such circumstances, Seller has no warranty obhgation with regard to Ihe repair or replacement performed by Buyer, Further, if Buyer improperly repairs or replaces the defective Parts and/or uses incompatible components. Seller is not responsible for any costs, damages or malfunctions resulting therefrom, Product Condition Warranty Spare part For part previously supplied by DNWT 30 days Replacement part Original part still in warranty Balance of the original DNWT warranty Replacement part Original part not in warranty 30 days Repaired part Original part still in warranty Balance of the Original DNWT warranty Repaired part Original part not in warranty 30 days Electrolytic cell casing Original part still in warranty Balance of the original DNWT warranty Electrolytic cell caslno Original part not in Warranty 1 year Refurbished electrolytic cell Original part not in warranty 6 months New electrolytic cell ' Original no! in fuR ortlrorated warranty 2years full warranty plus Sy_ears of prorated warranty New electrode assembly Replaces cell In prorated warranty Balance of the original prorated warranty period New electrode assembly Replaces cell in full warranty Balance of the original DNWT warranty All others (including media) Only as quoted Only as quoted Issued 17 Augusl2016 • Controlled Document: Version 1.0 -17 Aug 2016 ®OENORA Any alteralion, disassembly. storage or use of the Parts not in accordance with Seller's instructions shall void the warranty. Buyer assumes full responsibility in the event Buyer uses the Parts in combination with other goods or in any manner not stated in Buyer's specifications provided prior to sale. All costs associated with removing the Parts from service and re-installing same follOWing examination, repair or replacement are to be bome by Buyer. Seller may. in its sole discretion, require that the Parts be shipped to Seiler's facility for examination. repair or replacement. All transportation costs to and from Seller's fadlity. if required, are to be prepaid by Buyer. THE WARRANTIES SET FORTH HEREIN, IF ANY, ARE MADE EXPRESSLY IN LIEU OF OTHER WARRANTIES. EXPRESS OR IMPLIED. STATUTORY OR OTHERWISE, AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THAT PURPOSE IS KNOWN TO SELLER, IS HEREBY EXPRESSLY EXCLUDED; PROVIDED, HOWEVER, THAT THE PARTS ARE WARRANTED TO CONFORM IN ALL MATERIAL RESPECTS TO THE RELEVANT AND KNOWN SPECIFICATIONS. AND PERFORMANCE STANDARDS, INCLUDING ANY MUTUALLY AGREED MODIFICATIONS THERETO. SELLER'S LIABILITY AND BUYER'S EXCLUStVE REMEDY FOR ANY FAILURE BY SELLER TO SUPPLY PARTS THAT MEET THE FOREGOING WARRANTY IS EXPRESSLY LIMITED TO. AT SELLER'S OPTION. THE REPAIR OR REPLACEMENT OF THE NON-CONFORMING PARTS. 9. INDEMNIFICATION Buyer and Seller shall each defend, indemnify and hold the other harmless from and on account of all bodily injury and property damage claims asserted by third parties as a result of the other's negligent acts or omiSSiOns. To the extent that both Buyer and Seller are determined by a finder of fact to be negligent and the negligence of both is a proximate cause of a claim by a third party against either Buyer or Seller. then in such event, Buyer and Seller shall each be responsible for a portion of the liability. including costs and expenses, attributable to its comparative share of the total negligence. Seller agrees to indemnify and hold harmless Buyer against any third party claim alleging that the Parts infringe upon a valid and enforceable United States patent, provided Buyer gives Seller written notice immediately when such claim is asserted, directly or indirectly. Notwithstanding the foregoing, Seller shall have no liability to Buyer if any patent infringement or claim thereof is based upon or arises out of (a) compliance with designs, plans or specifications furnished by or on behalf of Buyer; (b) use of the Parts in a manner for whiCh the Parts were neither designed nor contemplated; or (c) the claimed infringement of any patent in which the Buyer or any affiliate or subsidiary of Buyer has any direct or indirect interest by license or otherwise. 10. LIMITATION OF LIABILITY Seller's total aggregate liability to Buyer with respect to any cause of action or claim hereunder shall not exceed the purChase price payable hereunder. In no event shall Seller be liable. either directly or as indemnitor of Buyer, for any special, punitive, indirect or consequential damages, including but not limited to damages for loss of use. loss of income or loss of profit Notwithstanding the above, this limitation of liability shall not apply to claims arising from Seller's gross negligence or willful misconduct. All of Buyer's claims or actions of any deSCription whatsoever against the Seller shall be brought not later than one (1) year after the occurrence of the event upon which each such claim or action is based. 11. FORCE MAJEURE Force Majeure shall mean any act. event or condition that is beyond SeUer's reasonable control, that materially and adversely affects Seller's ability to perform its obligations hereunder. and that is not the result of Seller's willful neglect, error, omission or failure to exercise reasonable due diHgence. Seller shall not be liable for any delay in performance or failure to perform any obligation hereunder jf, and to the extent that, such failure or delay is caused by an event of Force Majeure. If Seller is unable to perform any of its obligations hereunder as a resu" of a Force Majeure event, Seller shall be required to resume performance upon termination of the event and shall have reasonable additional time for performance. In addition, to the extent that a Force Majeure event materially increases Seller's cost of performance hereunder, Seller shall be entilled to an equitable contribution from Buyer towards such additional costs of performance. excluding any costs that are covered by Seller's insurance. 12. DEFAULT AND TERMINATION The substantial failure of either party to comply with the terms herein shall constitute default hereunder. Upon default by one party, the other nondefaulting party shall provide written notice clearly specifying the nature of the default. The defaulting party shall have thirty (30) days to cure the default. If the default is capable of being cured within thirty (30) days and is not cured within thirty (30) days, this Contract may be terminated. In the case of default that cannot be cured within thirty (30) days, this Contract shall not be terminated so long as the defaulting party has given written notice of extension to the other party and the defaulting party has commenced and is diligently pursuing a cure. Issued 17 August 2016 .. Controlled Docume!lt: Version 1.0-17 Aug 2016 ®OENORA For purposes of this Contract, the failure of Buyer to pay Selier in accordance with the payment terms hereunder shall be considered a substantial default for which no cure period beyond thirty (30) days shall be allowed. In the event of the Buyer's default. Seller may, in addition to the right to terminate set forth in this paragraph, elect to suspend work until the default has been cured. In the event of any termination. Seller shall be paid for Parts delivered and services rendered (including Parts specifically manufactured/assembled or special ordered for the Buyer that have yet to be supplied) through the date of termination. No delay or omission on the part of the Seller in exercising any right or remedy hereunder shall constitute a waiver of any such right or remedy on any future occasion. 13. INTELLECTUAL PROPERTY All devices, equipm~nt. designs (including drawings. plans and specifications). estimates, prices, notes, electronic data and other documents or information prepared or disclosed by Seller in connection with the Parts sold hereunder shall remain Seller'S exclusive property. Buyer shall not disclose any such material to third parties without Seller's prior written consent. Buyer will not undertake any analyses or 'reverse engineering' of the Parts for the purpose of designing, developing or manufacturing by the Buyer or by any third party of Parts that compete with the Partes). Seller will retain sale ownership of all discoveries, improvements, inventions, patents, trademarks. copyrights, know-how, trade secrets, or other intellectual property rights associated in any way with the Parts. The parties specifically agree that all improvements, inventions. discoveries and copyright in works of authorship, including those in formative stages, made by either party hereto (either alone or jointly with others) improving upon or related to the Parts shall from the time of conception or. in the case of works of authorship, from' the time of creation. be the property of SeUer. 14. REUANCE ON INFORMATION Buyer acknowledges that Seller has used and relied upon information provided by the Buyer, if any, regarding site conditions. speCifications and other technical requirements. Seller shall not be obligated to establish or verify the accuracy of the information furnished by the Buyer nor shall Seller be responsible for the impact or effect on its Parts(s) and any services provided by Seller hereunder of the information furnished by the Buyer in the event that such information is In error. 15. DISPUTE RESOLUTION Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof. including the determination of the scope or applicability of this agreement to arbitrate. shall be determined by arbitration in New YOrk, New York. USA. or other location agreed by the parties, before a sale arbitrator, conducted In the English language in accordance with the ICC Arbitration Rules as currently in force, administered by the ICC. Judgment on the arbitration award may be entered in and enforced by any court of competent jurisdiction. 16. MISCELLANEOUS PROVISIONS These terms and conditions constitute the entire Contract of sale and purchase between Buyer and Seller and supersede all prior or contemporaneous communications, representations, understandings or agreements, whether written or oral, unless such document states that it intends to modify this Contract and is signed by both parties. No modification of this Contract (including changes in scope, speCifications, price or delivery schedule) shall be of any force or effect unless made pursuant to a writing signed by both parties. No course of dealing or performance or usage of trade may be used to modify this Contract. The English language shall be the official text of this Contract. The failure on the part of either party to enforce its rights as to any provisions herein shall not be construed as a waiver of its rights to enforce such provisions in the future. Should any provisiqn of this Contract for any reason be declared invalid or lIoid, such declaration will not affect the remaining provisions of this Contract. which shall remain in full force and effect. Buyer may not assign or permit any other transfer of this Contracl without Seller's prior written consent. Buyer acknowledges that Seller shall be entitled to manufacture or have manufactured the Parts at any of its or its partners' faCilities worldwide. The Sener shall inform the Buyer of any change to the manufacturing location of any of the Parts and the parties shall sign any further documents required to give effect to the intent of this provision. This Contract is entered into solely between. and may be enforced only by, the Buyer and Seller; and this Contract shan not be deemed to create any rights in third parties, including customers of the Buyer. or to create any obligations to any such third parties. These terms and conditions shall be governed by and construed in accordance with the laws of the United States of America, State of Texas. The United Nations Convention on Contracts for the International Sale of Goods ("CISG") shall not apply to this Contract. Issued 17 August 2016 Engineering Services Committee Meeting 12/13/2016 1:15 PM Procurement of Replacement Parts for Hypochlorite Generation Equipment Department:Utilities Presenter:Tom Wiedmeier Caption:Approve Procurement of Replacement Parts for Hypochlorite Generation Equipment. Background:Augusta's new and upgraded surface water treatment plants utilize a technology which allows onsite generation of sodium hypochlorite which is used as a replacement for chlorine gas as a disinfectant in drinking water. The system used at our facilities is manufactured by Severn Trent Services. These units require periodic replacement of generation cells due to normal deterioration of the electrodes. The purpose of this procurement is to purchase a replacement cell for one of the units at the Highland Avenue Water Treatment Plant. Analysis:This is a replacement part for an existing piece of equipment which is proprietary in its design and construction. The only source for this procurement is the equipment manufacturer. Financial Impact:$59,461.20 from budgeted funds. Alternatives:No feasible alternatives are available. Recommendation:Approve the sole source procurement of a replacement cell assembly from Severn Trent Services at a cost of $59,461.20. Funds are Available in the Following Accounts: 506043520-5425110 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Nancy Morawski From: Sent: To: Cc: Subject: Lena Bonner Friday, December 02,201612:50 PM Commissioner Sammie Sias Abie L. Ladson; Melanie Wilson;Janice Allen Jackson; Nancy Morawski RE:Agenda Items for 1"3 December 20L6 Committee Meetings Commissioner Sias, Will do as requested. Lena J. Bonner Clerk of Commission Office of the Clerk of Commission Suite 22o Municipal Building 535 Telfair Street Augusta, Georgia go9o1 Tel: 7o6-8zt-182o Fax: 7o6-8zr-r838 From: Commissioner Sammie Sias Sent: Friday, December 02,2OL610:54 AM To: Lena Bonner <lbonner@augustaga.gov> Cc: Abie L. Ladson <aladson@augustaga.gov>; Melanie Wilson <MWilson@augustaga.gov>; Janice Allen Jackson <Ja nice.Jackso n @a ugustaga.gov> Subject: Agenda ltems for 13 Decembe r 2016 Committee Meetings Ms. Bonner, Please add the following items to the committee agendas for 13 December 2015 Engineering Committee: Provide a comprehensive update on the purchase of the Vac-Con trucks and Gradall Excavators for the engineering department to support the Stormwater Program Engineering Committee: Provide a path forward as to getting GDOT's attention to correct the problem created at the intersection of Deans Bridge Rd and Gordon Highway. The problem is the elimination of the merge lane for northbound Deans Bridge traffic merging into eastbound Gordon Highway traffic. It is a extreme safety hazard!! What is our path forward? Public Services Committee: Planning and Development provide an update requested reference the following: SA-51- A request for concurrence with the Augusta Georgia Planning Commission to approve a petition to amend the Land Subdivision Regulations for Augusta Georgia by amending the following sections: Section 302 - Development Plan - require multiple access points and interconnectivity to unsubdividedlands. Section 400 - General Standards for Streets - require multiple access points and interconnectivity to unsubdivided lands and length of cul-de-sacs. The question was raised concerning Home Owner Associations (HOAs) being obligated to maintain secondary access roads into subdivisions. This is a burden that an HOA will have responsibility for based on the decisionof the developer when the developer is in control of the HOA. The HOA folks get left hotding the bag formaintaining a road without having being part of the decision making process. If a satisfactory-resolution is notbrought forward, the commission should amend or rescind Section 302. Thanking everyone in advance. Sammie L. Sias Commissioner, Augusta Richmond County "Foilure is not on Option" Please consider the environment before printing this email. This e-mail contains confidential information and is intended only for the individual named. lf you are not the named addressee, you should not disseminate,distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received thls e-mail by mistake and delete this e-mail from your system.The City of Augusla accepts no liability for the content of this e-mail or for the "tn""qrun""s of any actions taken on the basis of the information provided, unlessthat info-rmation is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily representthose of the City of Augusta. E-mail transmissions cannot be guaranteed to Le secure or error-free as informition could be intercepted, corrupted, lost, destroyed,arrive late or incomplete, or contain viruses. The sender thereiore does not accept liability for any errors or omissions in the content of this message which arise asa result of the e-mail transmission. lf verification is required, please requesl a haid copy version. AED:'104.1 Engineering Services Committee Meeting 12/13/2016 1:15 PM Purchase of Trucks and Excavators Department:Clerk of Commission Presenter: Caption:Provide a comprehensive update on the purchase of the Vac-Con trucks and Gradall excavators for the Engineering Department to support the Stormwater Program. (Requested by Commissioner Sias) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Engineering Services Committee Meeting 12/13/2016 1:15 PM Stormwater - 3rd Quarter Update Department:Engineering Presenter:Abie L. Ladson, Director Caption:Receive as information the update on Stormwater for the 3rd Quarter. Background:N/A Analysis:N/A Financial Impact:N/A Alternatives:N/A Recommendation:N/A Funds are Available in the Following Accounts: N/A REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Engineering Services Committee Meeting 12/13/2016 1:15 PM Thermoplastic Material Purchase – Traffic Engineering Department:Traffic Engineering Presenter:Abie Ladson, Director Caption:Motion to approve Traffic Engineering’s purchase of thermoplastic striping material. Background:The Traffic Division of the Engineering Department is responsible for maintaining the striping on all county roads. As such, through the years, Traffic Engineering has purchased thermoplastic from state annual bid throughout the year. Traffic has ordered $31,680 worth of materials from the annual bid. This amount is within our annual budget and leaves some room to address unforeseen issues; however, this triggers the amount at which the commission must be informed. Analysis:The material is essential not only to the operation of the Traffic Engineering Division but, to the safety of the motoring public. Financial Impact:The material will be purchased from the State of Georgia’s annual bid NO. 48400-179-DOT0000144-001 with Crown Technology in the amount of $31,680.00 for yellow and white thermoplastic. Alternatives:None. Recommendation:Receive as information. Funds are Available in the Following Accounts: 101041710-5311630 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission