HomeMy WebLinkAbout2010-05-18-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
5/18/2010
5:00 PM
INVOCATION:
Reverend Leroy James, Pastor Friendly Church of God In Christ.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Employee of the Month
A. Ms. Megan Sasser, Human Resources Dept., April Employee of the Month.
Attachments
Ms. Leslie Edney
B. Congratulations!
Ms. Leslie Edney, Nurse, Medical College of Georiga for receiving the 2010 CSRA
Nurse of the Year Award. (Requested by Mayor Pro Tem Alvin Mason)
Attachments
Xavier Harris Jennilla Benson
C. Congratulations! to Xavier Harris and Jennilla Benson students at Wheeless Road
Elementary School for their acts of bravery relating to the April 28, 2010 school bus
incident. (Requested by Mayor Pro Tem Alvin Mason)
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
D. Mr. Billy Hatcher RE: Fiesta South June 16-26, 2011.
Attachments
CONSENT AGENDA
(Items 1-36)
PLANNING
1. FINAL PLAT _ LONGPOINT TOWNHOMES, PHASE 3-A – S-792-A – A
request for concurrence with the Augusta Richmond County Planning Commission to
approve a petition by Star Survey Inc., on behalf of ATC Development Co.,
Attachments
requesting final plat approval for Longpoint Townhomes, Phase 3-A. This residential
townhome development is located on Longpoint Drive adjacent to Longpoint
Townhomes, Phase 2 and contains 8 lots.
2. FINAL PLAT – MAGNOLIA RIDGE (FKA DENNIS FARMS) – S-805 – A
request for concurrence with the Augusta Richmond County Planning Commission to
APPROVE a petition by James Swift and Associates, on behalf of Te Moye,
requesting final plat approval for Magnolia Ridge. This residential subdivision is
located off Dennis Road at Alice Lane and contains 25 lots.
Attachments
3. FINAL PLAT – WILLHAVEN, PHASE II, SECTION I – S-808-II-I – A request
for concurrence with the Augusta Richmond County Planning Commission to
approve a petition by John Brewer and Associates, on behalf of Brent Scarbrough &
Co., requesting final plat approval for Willhaven Phase I, Section II. This residential
subdivision is located on Huntcliff Drive, off Willhaven Drive, adjacent to Willhaven
Section I and contains 40 lots.
Attachments
4. Z-10-26 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Mark Taylor, on behalf of Friendship United
Methodist Church, requesting a Special Exception to bring an existing church into
zoning conformance and allow for minor improvements including a family life center
and day care activities per Section 26-1 (A) of the Comprehensive Zoning Ordinance
for Augusta-Richmond County affecting property containing 3.65 acres and is known
as 3027 Tobacco Road and 2934 Old Tobacco Road. (Tax Maps 128-0-010-01-0
and 128-0-013-00-0) DISTRICT 4
Attachments
5. Z-10-29 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following condition 1) that the development plan
must substantially conform to the concept plan submitted with this petition; a petition
by Neil Koelbl, on behalf of Webb Properties of Augusta, LLC, requesting a change
of zoning from Zone R-1 (One-family Residential) to Zone R-1B (One-family
Residential) affecting property containing approximately 27 acres and is known as
4477 and 4483 Windsor Spring Road. (Tax Maps 179-0-002-01-0 and 179-0-186-
00-0) DISTRICT 8
Attachments
6. Z-10-27 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Rehaboth Worship Center, on behalf of
Reichard Investments LLC, requesting a Special Exception to establish a church with
day care activities per Section 26-1 (A) of the Comprehensive Zoning Ordinance for
Augusta-Richmond County affecting property containing approximately 3.4 acres and
is known as 2012 and 2014 Boykin Road. (Tax Map 168-0-017-11-0 and 168-0-017-
12-0) DISTRICT 6
Attachments
PUBLIC SERVICES
7. Motion to approve New Ownership Application: A. N. - 10 - 29 request by Shalanda
Crawford for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Cloud Nine Bar & Grill located at 3156 Wrightsboro Rd. District 5.
Super District 9. (Approved by Public Services Committee May 10, 2010)
Attachments
8. Motion to approve New Ownership Application: A. N. 10 - 30 request by Vance
Shimley for an on premise consumption Liquor, Beer & Wine license to be used in
connection with The Place On Broad located at 1135 Broad St. District 1. Super
District 9. (Approved by Public Services Committee May 10, 2010)
Attachments
9. Motion to approve 1) Elimination of Route 15 Medical Complex as stated in the
Transit Development Plan (TDP) 2) Public Hearing for elimination of Route 15, 3) To
allow the administrtor to negotate the cost for the purchse of the bus shelters and
contract out for the advertising the APT Shelters; 4) Elimination of Route 16
Lumpkin Road extension to Phinizy Road with quarterly first report and six-month
report thereafter to determine the effect of the changes on the other routes.
(Approved by Public Services Committee May 10, 2010)
Attachments
10. Motion to approve a construction contract to Alpha Construction Company in the
amount of $287,636 for improvements to the Bob Baurle Boat Ramp Project.
(Approved by Public Services Committee May 10, 2010)
Attachments
11. Motion to approve the contract with McAir Aviation Service, Inc. (Approved by
Public Services Committee May 10, 2010)
Attachments
12. Motion to accept donation and approve a budget amendment accordingly.
(Approved by Public Services Committee May 10, 2010)
Attachments
13. Motion to authorize the Recreation and Parks Department to begin six capital
projects in FY 2010. (Approved by Public Services Committee May 10, 2010)
Attachments
14. Motion to approve Bid Item 10-111, HVAC Replacement at Julian Smith Casino to
RCN Contracting in the amount of $187,265. (Approved by Public Services
Committee May 10, 2010)
Attachments
15. Motion to approve the selection of S. D. Clifton Construction and attached contract Attachments
for the construction of the Terminal Concession Area. (Approved by Public Services
Committee May 10, 2010)
ADMINISTRATIVE SERVICES
16. Motion to approve an Ordinance providing for the demolition of a certain unsafe and
uninhabitable structure in the West Augusta Neighborhood: 467 Boy Scout Road,
(District 7, Super District 10); AND WAIVE 2ND READING. (Approved by
Administrative Services Committee May 10, 2010)
Attachments
17. Motion to approve the Local Vendor Preference language as proposed in the
amendments to the Procurement portion of the Augusta, GA. Code. (Option 1)
(Approved by Administrative Services Committee May 10, 2010)
Attachments
FINANCE
18. Motion to approve the replacement of 3 light vehicles for the Fire Department.
(Approved by Finance Committee May 10, 2010)
Attachments
19. Motion to approve the request from the Fire Department to declare a 1998 Fleetwood
Trailer surplus and available for sale using the internet auction service. (Approved by
Finance Committee May 10, 2010)
Attachments
20. Motion to approve the replacement of one sewer rodder truck for the Utilities
Department-Construction and Maintenance Division. (Approved by Finance
Committee May 10, 2010)
Attachments
21. Motion to approve the replacement of two utility-body crew trucks for the Utilities
Department-Construction and Maintenance Division. (Approved by Finance
Committee M ay 10, 2010)
Attachments
22. Motion to approve request from Utilities Department-Construction & Maintenance
Division to replace one Backhoe Loader (4X4). (Approved by Finance Committee
May 10, 2010)
Attachments
23. Motion to approve request from Utilities Department to replace 3 Compact Pickup
Trucks in Customer Service Division (2-each) and Highland Filter Plant (1-each).
(Approved by Finance Committee May 10, 2010)
Attachments
24. Motion to approve request from Utilities Department-Construction & Maintenance
Division to replace a 1996 Single Axle Dump Truck. (Approved by Finance
Committee May 10, 2010)
Attachments
25. Motion to approve recommendation from the Administrator to fund the Barton
Village Community Center/Neighborhood Enhancement Program in the amount of
$30,500 for the contingency fund for the remainder of the year; reduce the hours of
operations for the program from 7 1/2 hours per day to 4 1/2 hours per day four days a
week; remove certain positions so that 2 part-time people would remain to administer
the program, utilize resources from Augusta Technical College to administer the GED
portion of the program; and utilize some add'tl volunteers to provide some counseling
and programming. (Approved by Finance Committee May 10, 2010)
Attachments
26. Motion to approve a Budget Resolution and a contract with the Georgia Department
of Natural Resources (DNR) for Phase 3 of the Harrisburg-West End Historic District
Survey. (Approved by Finance Committee May 10, 2010)
Attachments
27. Motion to approve tasking the Administrator to meet with the CSRA Regional
Development Commission and put together a joint meeting of representatives from
the various areas and GDOT to develop a program regarding the new transportation
bill that would serve the entire region. (Approved by Finance Committee May 10,
2010)
Attachments
ENGINEERING SERVICES
28. Motion authorize execution of an amendment to an agreement with Cranston
Engineering Group for engineering services in the amount of $186,450 for complying
with the FERC Dam Safety Performance Monitoring Program to support the Augusta
Canal Licensing Process. (Approved by Engineering Services Committee May 10,
2010)
Attachments
29. Motion to approve cost sharing agreement in an amount not to exceed $70,000.00
with the developers of Burgess Hills and Cushendal Hills Subdivisions. (Approved
by Engineering Services Committee May 10, 2010)
Attachments
30. Motion to authorize the notification of the selection results to prospective firms and
proceed with negotiations of a contract with the top ranked firm, Tetra Tech Inc. for
Construction Manager at Risk Services for Various Projects at Ft. Gordon.
(Approved by Engineering Services Committee May 10, 2010)
Attachments
31. Motion to approve award of the On-Call Construction Services Consulting Attachments
Agreement to EMC Engineering, Moreland Altobelli, and The LPA Group subject to
receipt of signed contracts and proper bonds. Also approve $150,000 to fund the
proposed On-Call Construction Services. Funding is available in the paving and
resurfacing accounts respectively. (Approved by Engineering Services Committee
May 10, 2010)
32. Motion to approve Capital Project Budget #322-041110-207822001 for the Rock
Creek/Warren Lake Restoration project and Supplemental Agreement Number One
for Augusta’s Canal Basin Dredging in the amount of $57,285.00 for Permitting from
US Army Corps of Engineers. Funding is available in the project engineering account
for the AED. (Approved by Engineering Services Committee May 10, 2010)
Attachments
33. Motion to approve the Resolution supporting the installation of High Mast Street
Lighting at the interchanges of Gordon Highway and Deans Bridge Road on I-520 as
part of Georgia Department of Transportation (GDOT) project NH000-520-01 (017)
PI 2107000. As requested by AED. (Approved by Engineering Services
Committee May 10, 2010)
Attachments
34. Motion to approve Capital Project Budget Change Number Two 324-041110-
207824001, and award the Construction Contract to Mabus Brothers Construction
Co., Inc. in the amount of $1,316,483.15 for the Willis Foreman Road over Spirit
Creek Bridge Replacement, subject to receipt of a detailed project schedule; a
contractor’s project team - approved by the Engineering Department; a traffic control
plan; signed contract(s), and proper bonds. Also approve Supplemental Agreement
Number Three to Cranston Engineering Group, PC in the amount of $118,400.00 for
additional services that include construction observation and field
engineering. Funding is available in the project account for the AED. (Approved by
Engineering Services Committee May 10, 2010)
Attachments
PETITIONS AND COMMUNICATIONS
35. Motion to approve the minutes of the regular meeting of the Commission held on
May 4, 2010.
Attachments
APPOINTMENT(S)
36. Motion to approve the appointment of Bernard Johnson to the Tax Assessor's
Board due to the resignation of Bill Lockett representing Sentorial District 22.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
5/18/2010
Upcoming Meetings
www.augustaga.gov
AUGUSTA COMMISSION
REGULAR AGENDA
5/18/2010
(Items 37-38)
ENGINEERING SERVICES
37. Ratify Emergency Change Order 31 for the addition of motorized controls for the
three smoke shutters, located at the monumental stairs in the new Main Library in the
amount of $41,461.00.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
38. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Commission Meeting Agenda
5/18/2010 5:00 PM
Invocation
Department:Clerk of Commission
Caption:Reverend Leroy James, Pastor Friendly Church of God In Christ.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Employee of the Month
Department:
Caption:Ms. Megan Sasser, Human Resources Dept., April Employee of the Month.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Commission Meeting Agenda
5/18/2010 5:00 PM
Ms. Leslie Edney
Department:
Caption:Congratulations!
Ms. Leslie Edney, Nurse, Medical College of Georiga for receiving
the 2010 CSRA Nurse of the Year Award. (Requested by Mayor Pro Tem
Alvin Mason)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Xavier Harris Jennilla Benson
Department:
Caption:Congratulations! to Xavier Harris and Jennilla Benson students
at Wheeless Road Elementary School for their acts of bravery relating to the
April 28, 2010 school bus incident. (Requested by Mayor Pro Tem Alvin
Mason)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Billy Hatcher
Department:
Caption:Mr. Billy Hatcher RE: Fiesta South June 16-26, 2011.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Commission Meeting Agenda
5/18/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: FINAL PLAT _ LONGPOINT TOWNHOMES, PHASE 3-A – S-792-A
– A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Star Survey Inc., on behalf of ATC
Development Co., requesting final plat approval for Longpoint Townhomes,
Phase 3-A. This residential townhome development is located on Longpoint
Drive adjacent to Longpoint Townhomes, Phase 2 and contains 8 lots.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: FINAL PLAT – MAGNOLIA RIDGE (FKA DENNIS FARMS) – S-805
– A request for concurrence with the Augusta Richmond County Planning
Commission to APPROVE a petition by James Swift and Associates, on
behalf of Te Moye, requesting final plat approval for Magnolia Ridge. This
residential subdivision is located off Dennis Road at Alice Lane and
contains 25 lots.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: FINAL PLAT – WILLHAVEN, PHASE II, SECTION I – S-808-II-I –
A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by John Brewer and Associates, on
behalf of Brent Scarbrough & Co., requesting final plat approval for
Willhaven Phase I, Section II. This residential subdivision is located on
Huntcliff Drive, off Willhaven Drive, adjacent to Willhaven Section I and
contains 40 lots.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-10-26 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve a petition by Mark Taylor, on behalf of
Friendship United Methodist Church, requesting a Special Exception to
bring an existing church into zoning conformance and allow for minor
improvements including a family life center and day care activities per
Section 26-1 (A) of the Comprehensive Zoning Ordinance for Augusta-
Richmond County affecting property containing 3.65 acres and is known as
3027 Tobacco Road and 2934 Old Tobacco Road. (Tax Maps 128-0-010-
01-0 and 128-0-013-00-0) DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-10-27 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve a petition by Rehaboth Worship Center,
on behalf of Reichard Investments LLC, requesting a Special Exception to
establish a church with day care activities per Section 26-1 (A) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County affecting
property containing approximately 3.4 acres and is known as 2012 and 2014
Boykin Road. (Tax Map 168-0-017-11-0 and 168-0-017-12-0) DISTRICT
6
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. - 10 - 29 request by
Shalanda Crawford for an on premise consumption Liquor, Beer & Wine
license to be used in connection with Cloud Nine Bar & Grill located at
3156 Wrightsboro Rd. District 5. Super District 9. (Approved by Public
Services Committee May 10, 2010)
Background:This is a new ownership application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $3630.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The Sheriff's Office
recommends approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
5/18/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 10 - 30 request by
Vance Shimley for an on premise consumption Liquor, Beer & Wine
license to be used in connection with The Place On Broad located at 1135
Broad St. District 1. Super District 9. (Approved by Public Services
Committee May 10, 2010)
Background:This applicant held the license at this location when it was named the White
Elephant.
Analysis:The applicant meets the requirements of the Augusta Richmond Alcohol
Ordinance.
Financial Impact:The applicant will pay a fee of $5445.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The Sheriff's Office
recommends approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Attachment number 2Page 1 of 1
Commission Meeting Agenda
5/18/2010 5:00 PM
Augusta Public Transit Service
Department:Augusta Public Transit
Caption:Motion to approve 1) Elimination of Route 15 Medical Complex as stated
in the Transit Development Plan (TDP) 2) Public Hearing for elimination of
Route 15, 3) To allow the administrtor to negotate the cost for the purchse of
the bus shelters and contract out for the advertising the APT Shelters;
4) Elimination of Route 16 Lumpkin Road extension to Phinizy Road with
quarterly first report and six-month report thereafter to determine the effect
of the changes on the other routes. (Approved by Public Services
Committee May 10, 2010)
Background:Route 15 Medical Complex operates as a one-way circulator loop to and
from the Main Transfer Facility on Broad Street Weekdays only. Since the
demolition of Gilbert Manor which was a large part of the ridership, Route
15 ridership has decreased. This route has the smallest amount of revenue of
all the routes. See attached chart.
Analysis:As part of the Transit Development Plan (TDP Study), the Consultants
found that Route 15 Medical Complex was a poor performer and elimination
of this route would help Transit in its efforts to reduce it deficit.
Financial Impact:Eliminating Rt. 15 would be a reduction in the Transit budget deficit.
Alternatives:Maintain the route as is.
Recommendation:Approve the elimination of Rt. 15 as stated in the Transit Development Plan.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission Cover Memo
COST TO RUN:$208,466/Annually $649/Day
YEAR COMPARISON REVENUE RIDERSHIP
2005 14,324$ 27,477
2006 11,598$ 26,041
2007 11,744$ 29,580
2008 11,082$ 22,673
2009 6,076$ 12,217
2010 2,409$ 4,454
Operating Hours RT. 15 RUNS 6:30a - 6:20p
AREAS SERVICED ROUTES TO COVER ELIMINATED ROUTE
Paine College Rt. 12 Augusta Mall
MCG Rt. 12 Augusta Mall
Easter Seal Rt. 12 Augusta Mall
University Hosp.Rt. 1 Walton Way
Ervin Towers Para-Transit Service
Peabody Apts Rt. 1 Walton Way
Housing Authority Rt. 1 Walton Way
VA Rt. 12 Augusta Mall
Enterprise Mill Rt. 3 East Augusta
Greyhound Rt. 3 East Augusta
Kroger Rt. 12 Augusta Mall
Shepard Blood Center Rt. 12 Augusta Mall
Wallace Branch Library Rt. 6 K-Mart
Route 15 MEDICAL COMPLEX
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
5/18/2010 5:00 PM
Bob Baurle Boat Ramp Improvement Project
Department:Tom F. Beck, Director, Recreation and Parks Department
Caption:Motion to approve a construction contract to Alpha Construction Company
in the amount of $287,636 for improvements to the Bob Baurle Boat Ramp
Project. (Approved by Public Services Committee May 10, 2010)
Background:The Augusta Commission has approved funding for improvenments to the
Bob Baurle Boat Ramp facility as part of the GO FISH Program
administered and funded from the Georgia Department of Natural
Resources.
Analysis:A total of nine (9) contractors attended a mandatory pre bid conference in
order to submit bids on this project. A total of two (2) bids were received.
The low responsive bidder who met all the requirements and specifications
for a base bid award was Alpha Construction Company. The City and
consultants are recommending award of bid on this project to Alpha
Construction as per the attached. (See letter of award and bid tab sheet)
Financial Impact:Funding is available for this project through a grant obtained from the
Georgia Department of Natural Resources.
Alternatives:1. To approve award of bid. 2. Move no action thus delaying the needed
improvements and voiding the grant funding secured.
Recommendation:1. Award of contract to Alpha Construction for $287,636.
Funds are Available in
the Following
Accounts:
220-06-1493/5412110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 6
Attachment number 1Page 2 of 6
Attachment number 1Page 3 of 6
Attachment number 1Page 4 of 6
Attachment number 1Page 5 of 6
Attachment number 1Page 6 of 6
Commission Meeting Agenda
5/18/2010 5:00 PM
Contract for McAir Aviation Services, Inc.
Department:Augusta Regional Airport
Caption:Motion to approve the contract with McAir Aviation Service, Inc.
(Approved by Public Services Committee May 10, 2010)
Background:The Augusta Aviation Commission approved an agreement with McAir
Aviation on March 20, 2005 for a term of five years. The agreement
provided for 486 square feet of office space in Hangar One and ramp tie
down space for one Piper Arrow, two Cessna 172s and one Piper
Seneca. The term was 5 years with a continuing month to month
thereafter. Rental rate was set at $636.00 per month and the Airport reserved
the right to relocate the tenant to other offices in a different building should
the need arise.
Analysis:Attached is a new proposed lease with McAir Aviation Services, Inc., for
five additional years commencing May 1, 2010. The space leased is virtually
the same and the monthly fee has been increased to $680.00. There are
additional covenants included within the text of the document such as the
requirement for identity badges.
Financial Impact:Rental rate was set at $680.00 per month.
Alternatives:Deny request.
Recommendation:Request the approval of a new contract with McAir Aviation Services, Inc.,
for office space in Hangar One and ramp tie down spaces for four aircraft as
described in the text of the document.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 9
Attachment number 1Page 2 of 9
Attachment number 1Page 3 of 9
Attachment number 1Page 4 of 9
Attachment number 1Page 5 of 9
Attachment number 1Page 6 of 9
Attachment number 1Page 7 of 9
Attachment number 1Page 8 of 9
Attachment number 1Page 9 of 9
Commission Meeting Agenda
5/18/2010 5:00 PM
Donation and budget amendment
Department:Recreation and Parks
Caption:Motion to accept donation and approve a budget amendment accordingly.
(Approved by Public Services Committee May 10, 2010)
Background:This donation was given by the Superior Court of Richmond County for the
purpose of purchasing computer equipment for the Annual School's Out
Block Party.
Analysis:This donation allows much needed computer equipment to be given to 14
youth selected from inner city schools in Augusta.
Financial Impact:$5000 donation $5000 expenditures for computer equipment
Alternatives:none
Recommendation:To approve
Funds are Available in
the Following
Accounts:
$5000 101061110 3711110 $5000 101061495 5316220
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Funding Allocation for Recreation Projects
Department:Tom F. Beck, Director, Recreation and parks Department
Caption:Motion to authorize the Recreation and Parks Department to begin six
capital projects in FY 2010. (Approved by Public Services Committee
May 10, 2010)
Background:The Recreation and Parks Department has approved funding of $11,100,000
for capiatal improvement projects as part of the SPLOST VI program
approved by the Commission.
Analysis:There are a number of critical projects that the Department of Recreation
and Parks would like to start in 2010. A number of these will rectify safety,
code and operational issues the Department views as urgent. The funds
would come from the City's capital outlay fund, and would be reimbursed in
2011 with approved funds from the Rcreation and Park's allocation from
SPLOST VI.
Financial Impact:The following will summarize the projects and funds required: 1. Carrie
Mays Park methane gas remediation plan which will purchase six parcels of
property adjacent to the park to reloacte playground, basketball court, etc.
Cost - $300,000. 2. The Boathouse Community Facility has safety and code
issues that need to be aaddressed by replacing the ddeck system and railings.
Cost - $300,000. 3. Lake Olmstaed Park Casino and BBQ-Pit need new roof
systems because of leaks. Cost - $150,000. 4. Design work for the new
Butler Creek/HWY 56 park project is requested for this property the City
owns and is critical to the City's greenway master plan. Cost - $40,000. 5.
Potential land acquisition in West Augusta where available and affordable
property is very limited. Cost - $150,000. 6. Baurle Boat Ramp GO FISH
improvement project the City will be under construction this spring will
require additional funds to properly complete. Cost - $55,000. This is a total
of six needed projects at a cost of $995,000.
Alternatives:1. To reallocate funds required to address critical improvemnents in 2010 at
six facilities operated and maintained by the Recreation and Parks
Department. 2. Move no action thus delaying these critical projects to 2011.
Recommendation:1. To approve the reallocation of funds for capital improvement prjects as
recommended.
Funds are Available in
the Following
Accounts:
Capital Outlay Funds to be reimbursed with approved funding from
SPLOST VI for Recreation and Parks.
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
HVAC Replacement at Julian Smith Casino
Department:Tom F. Beck, Director, Recreation and Parks Department
Caption:Motion to approve Bid Item 10-111, HVAC Replacement at Julian Smith
Casino to RCN Contracting in the amount of $187,265. (Approved by
Public Services Committee May 10, 2010)
Background:The City of Augusta was awarded funding of an Energy Efficiency and
Conservation Block Grant program established through the United States
Department of Energy as part of the stimulus package. Among the projects
funded was the HVAC replacement at the Julian Smith Casino.
Analysis:A total of eleven (11) vendors participated in a mandatory pre-bid
conference. A total of five (5) bids were received with one ruled as non-
compliant. Of the four remaining bids, RCN Contracting was the low,
responsive bidder who met all technical qualifications and specifications.
(See Attached)
Financial Impact:The low bid recommended for award is for $187,265 of which federal
funding is available through the EECBG grant awarded to the City of
Augusta.
Alternatives:1. To approve the award of bid to RCN Contracting for $187,265. 2. Move
no action.
Recommendation:1. To approve.
Funds are Available in
the Following
Accounts:
220-01-6310/5425310
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Pruett Ford and Associates, Inc.
Augusta, Georgia
Document: 09093b.docx
Pruett, Ford and Associates, Inc.
Consulting Engineers
1201 Broad St., Suite 3A
Augusta, Georgia 30901
www.pruettford.com
phone 706-722-3959 fax 706-724-5127 e-mail jmford@pruettford.com
Date: May 3, 2010
To: Mr. Ron Houck
Augusta Recreation and Parks Department
From: J. Martin Ford
Reference: New HVAC Replacement at Lake Olmstead Julian Smith Casino
Bid Item 10-111
Project: 09093
Dear Mr. Houck:
I have received copies of the bid tabulation documentation from the April 27 bid opening for the project
referenced above. The bid tabulation information and supporting documents indicate that RCN
Contracting is the apparent low bidder and meets all of the technical qualifications for award of the
project contract. Based on my personal knowledge and the input of other design professionals, I
recommend the contract be awarded to RCN Contracting.
Please contact me if you have any questions concerning this matter.
Sincerely,
J. Martin Ford
Attachment number 2Page 1 of 1
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m., Tuesday, April 27, 2010 for furnishing:
Bid Item #10-111 New HVAC Replacement @ Lake Olmstead Julian Smith Casino for
Recreation and Parks Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene
Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all
prime, subcontractors and suppliers exclusively from Augusta Blue Print. The fees for the plans and
specifications which are non-refundable is $50.00
Documents may also be examined during regular business hours at the F. W. Dodge Plan Room, 1281 Broad
Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit
on this project. To facilitate this policy the Owner is providing the opportunity to view plans online
(www.augustablue.com) at no charge through Augusta Blueprint (706 722-6488) beginning Thursday, March
11, 2010. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to
overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is
material to the successful completion of the project. Bidders are cautioned that sequestration of documents
through any other source is not advisable. Acquisition of documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
A Mandatory Pre-Bid Conference will be held on Tuesday, April 13, 2010 @ 2:00 p.m. in the
Procurement Department – Room 605. All questions must be submitted in writing to the office of the
Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be
received by mail or hand delivered. All questions are to be submitted in writing by Thursday, April 15,
2010 by 5:00 p.m.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted in a separate envelope so marked along with the bidders’
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the
number of copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of the bid which
are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the
envelope.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle March, 11, 18, 25, April 1, 2010
Metro Courier March 17, 2010
cc: Tameka Allen Interim Deputy Administrator
Tom Beck Recreation & Parks
Ron Houck Recreation & Parks
Attachment number 3Page 1 of 1
Ve
n
d
o
r
s
:
Go
l
d
M
e
c
h
,
I
n
c
.
Br
o
a
d
S
t
r
e
e
t
Au
g
u
s
t
a
,
G
A
3
0
9
0
4
RC
N
C
o
n
t
r
a
c
t
i
n
g
11
1
5
F
r
a
n
k
i
e
P
l
a
c
e
Au
g
u
s
t
a
,
G
A
3
0
9
0
9
Tu
r
n
e
r
M
e
c
h
a
n
i
c
a
l
13
4
7
A
t
o
m
i
c
R
o
a
d
Be
e
c
h
I
s
l
a
n
d
,
S
C
29
8
4
1
Co
n
t
i
n
e
n
t
a
l
Co
n
s
t
r
u
c
t
i
o
n
41
9
0
C
r
o
s
s
t
o
w
n
e
C
t
Ev
a
n
s
,
G
A
3
0
8
0
9
Tr
a
n
C
o
n
s
t
r
u
c
t
i
o
n
38
5
5
R
e
d
O
a
k
C
o
u
r
t
Ma
r
t
i
n
e
z
,
G
A
3
0
9
0
7
Am
m
a
r
C
o
n
s
t
r
u
c
t
i
o
n
P.
O
.
B
o
x
1
8
7
7
Ev
a
n
s
,
G
A
3
0
8
0
9
At
t
a
c
h
m
e
n
t
B
Ye
s
Y
e
s
Y
e
s
Y
e
s
Ad
d
e
n
d
u
m
s
1
-
2
Ye
s
Y
e
s
Y
e
s
Y
e
s
Bi
d
B
o
n
d
Ye
s
Y
e
s
Y
e
s
Y
e
s
Ba
s
e
B
i
d
$3
2
5
,
7
8
0
.
0
0
$
1
8
7
,
2
6
5
.
0
0
$
2
0
9
,
0
0
0
.
0
0
$
1
9
0
,
0
0
0
.
0
0
Bi
d
I
t
e
m
#
1
0
-
1
1
1
Ne
w
H
V
A
C
R
e
p
l
a
c
e
m
e
n
t
@
L
a
k
e
O
l
m
s
t
e
a
d
J
u
l
i
a
n
S
m
i
t
h
C
a
s
i
n
o
Fo
r
t
h
e
C
i
t
y
o
f
A
u
g
u
s
t
a
-
R
e
c
r
e
a
t
i
o
n
&
P
a
r
k
s
D
e
p
a
r
t
m
e
n
t
Bi
d
O
p
e
n
i
n
g
D
a
t
e
:
T
u
e
s
d
a
y
,
A
p
r
i
l
2
7
,
2
0
1
0
a
t
3
:
0
0
p
.
m
.
No
n
-
C
o
m
p
l
i
a
n
t
Fa
i
l
e
d
t
o
pr
o
p
e
r
l
y
r
e
t
u
r
n
th
e
e
n
t
i
r
e
se
c
t
i
o
n
o
f
At
t
a
c
h
m
e
n
t
B
Pa
g
e
1
o
f
2
Attachment number 4Page 1 of 2
Ve
n
d
o
r
s
:
Mo
d
e
r
n
H
&
A
16
0
7
O
l
d
A
p
p
l
i
n
g
Ha
r
l
e
m
H
i
g
h
w
a
y
Ha
r
l
e
m
,
G
A
3
0
8
1
4
Ja
c
k
s
o
n
H
V
A
C
10
2
F
i
v
e
N
o
t
c
h
R
d
No
r
t
h
A
u
g
u
s
t
a
,
S
C
29
8
4
1
HA
S
a
c
k
C
o
m
p
a
n
y
16
0
1
H
a
r
t
r
i
c
h
R
o
a
d
Au
g
u
s
t
a
,
G
A
3
0
9
0
6
Oa
k
d
a
l
e
31
6
U
N
C
o
u
r
t
,
S
t
e
2
Gr
o
v
e
t
o
w
n
,
G
A
3
0
8
1
3
Na
c
c
i
C
S
At
t
n
:
B
o
y
d
G
w
i
n
n
P.
O
.
B
o
x
1
5
6
9
Ha
r
l
e
m
,
G
A
3
0
8
1
4
At
t
a
c
h
m
e
n
t
B
Ad
d
e
n
d
u
m
s
1
-
2
Bi
d
B
o
n
d
Ba
s
e
B
i
d
Bi
d
I
t
e
m
#
1
0
-
1
1
1
Ne
w
H
V
A
C
R
e
p
l
a
c
e
m
e
n
t
@
L
a
k
e
O
l
m
s
t
e
a
d
J
u
l
i
a
n
S
m
i
t
h
C
a
s
i
n
o
Fo
r
t
h
e
C
i
t
y
o
f
A
u
g
u
s
t
a
-
R
e
c
r
e
a
t
i
o
n
&
P
a
r
k
s
D
e
p
a
r
t
m
e
n
t
Bi
d
O
p
e
n
i
n
g
D
a
t
e
:
T
u
e
s
d
a
y
,
A
p
r
i
l
2
7
,
2
0
1
0
a
t
3
:
0
0
p
.
m
.
Pa
g
e
2
o
f
2
Attachment number 4Page 2 of 2
Attachment number 5Page 1 of 2
Attachment number 5Page 2 of 2
Attachment number 6Page 1 of 2
Attachment number 6Page 2 of 2
Commission Meeting Agenda
5/18/2010 5:00 PM
Terminal Concessions Area Project
Department:Augusta Regional Airport
Caption:Motion to approve the selection of S. D. Clifton Construction and attached
contract for the construction of the Terminal Concession Area. (Approved by
Public Services Committee May 10, 2010)
Background:On March 18, 2010, the City of Augusta’s Procurement Office received four
bids for the Concession Renovation Project at the Augusta Regional Airport’s
Passenger Terminal Facility. All bids were judged to be responsive. On March
25, 2010 the Augusta Aviation Commission awarded the contract to S. D.
Clifton Construction, subject to execution of a contract and the appropriate
bonds and insurance required by the specification and bid documents. The
contract amount will be $287,016.00 as bid to include the add alternate.
Analysis:Enclosed for your review is an unexecuted copy of an AIA Document A101 –
2007 Standard Form Agreement between Owner and Contractor. The document
and its format have been reviewed by the Augusta Aviation Commission’s
attorney and approved for execution.
Financial Impact:The contract amount will be $287,016.00 as bid to include the add
alternate.Funds currently exist and are budgeted for this project.
Alternatives:Deny request.
Recommendation:The approval of AIA Document A101 – 2007 Standard Form Agreement
between Owner and Contractor with S.D. Clifton Construction, Inc., in the
amount of $287,016.00
Funds are Available in
the Following Accounts:551-08-1301/5412110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 14
Attachment number 1Page 2 of 14
Attachment number 1Page 3 of 14
Attachment number 1Page 4 of 14
Attachment number 1Page 5 of 14
Attachment number 1Page 6 of 14
Attachment number 1Page 7 of 14
Attachment number 1Page 8 of 14
Attachment number 1Page 9 of 14
Attachment number 1Page 10 of 14
Attachment number 1Page 11 of 14
Attachment number 1Page 12 of 14
Attachment number 1Page 13 of 14
Attachment number 1Page 14 of 14
Commission Meeting Agenda
5/18/2010 5:00 PM
Demolition of unsafe structure
Department:License & Inspection
Caption:Motion to approve an Ordinance providing for the demolition of a certain unsafe
and uninhabitable structure in the West Augusta Neighborhood: 467 Boy Scout
Road, (District 7, Super District 10); AND WAIVE 2ND READING. (Approved by
Administrative Services Committee May 10, 2010)
Background:The approval of this ordinance will provide for the demolition of the structure that
has been determined to be dilapidated beyond repair and a public nuisance. The
owner of the above referenced property has been requested to correct the property
maintenance violations, and the violations were not corrected. By approving this
ordinance the City will have the structure demolished, record a lien against the
property in the amount of the costs incurred, and send the property owner a bill for
payment that is due within 30 days of receipt.
Analysis:Continuing the removal of dilapidated structures will signal to the public that
neglected, unsafe and uninhabitable structures will not be allowed and that property
owners will be held responsible for their properties.
Financial Impact:The average total cost associated with the demolition of the property will be
approximately $5,200.00. This includes the title search, asbestos survey, and
demolition.
Alternatives:Allow the unsafe structure to remain and continue to have a negative impact on the
neighborhoods and City.
Recommendation:Approval
Funds are Available in the
Following Accounts:
FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: Account #
101072910 / 5212999
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
ORDINANCE NO. _____________________
ORDINANCE TO PROCEED WITH DEMOLITION AND REMOVAL OF THE
STRUCTURE ON PROPERTY LOCATED AT: 467 BOY SCOUT ROAD.
TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS:
Section I. That the following property has been identified by the Director of the Augusta –
Richmond County License and Inspection Department as unfit for human habitation (or unfit for
its current commercial or business use) and the cost of repair, alteration or improvement of said
property exceeds one-half the value of property and that the said Director shall cause the
structure located on hereinafter described property to be demolished and removed as ordered by
Augusta-Richmond County Magistrate Court; and that said Director shall cause the costs of such
removal and demolition for said property be entered upon the lien docket maintained in the
office of Clerk of Augusta - Richmond County Commission and said Director shall otherwise
proceed to effectuate the purpose of O.C.G.A. SS 41-2-7 through 41-2-17 with respect to said
property, to-wit:
• 467 BOY SCOUT ROAD, Augusta – Richmond County, Georgia, identified on Augusta-
Richmond County Tax Map 25-2 as Parcel 34.03.
Section II. This Ordinance shall become effective upon adoption.
Section III. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed.
Duly adopted this _________ day of ____________________, 2010.
MAYOR________________________________
ATTEST:_______________________________
CLERK OF COMMISSION
Attachment number 1Page 1 of 1
Commission Meeting Agenda
5/18/2010 5:00 PM
Local Vendor Preference Ordinance
Department:Procurement
Caption:Motion to approve the Local Vendor Preference language as proposed in
the amendments to the Procurement portion of the Augusta, GA. Code.
(Option 1)(Approved by Administrative Services Committee May 10,
2010)
Background:The Administrative Services Committee directed the Procurement and Law
Department to review both Augusta's current Local Vendor Preference
Ordinance as written (Option 1) and the suggested modification provided by
Commissioner Grantham (Option 2) and return with a recommendation.
Analysis:After researching both options, the Procurment Department recommends the
current Local Vendor Preference language (Option 1) and did not find
supporting documentation to support Option 2. Research was provided via:
1. National Institute of Governmental Purchasers (NIGP) 2. In-State
Preference Practices for all states listing Scope of Preference and
Conditions. 3. Local Preference Codes from: Columbus, Savannah, Atlanta
and Henry County, Georgia also included is Aiken, SC.
Financial Impact:No Financial Impact.
Alternatives:Decline to amend the Code at this time; or amend the Code with Option 2.
Recommendation:Approve the current Local Vendor Preference language as proposed (Option
1).
Funds are Available in
the Following
Accounts:
N/A.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission Cover Memo
Attachment number 1Page 1 of 35
Attachment number 1Page 2 of 35
Attachment number 1Page 3 of 35
Attachment number 1Page 4 of 35
Attachment number 1Page 5 of 35
Attachment number 1Page 6 of 35
Attachment number 1Page 7 of 35
Attachment number 1Page 8 of 35
Attachment number 1Page 9 of 35
Attachment number 1Page 10 of 35
Attachment number 1Page 11 of 35
Attachment number 1Page 12 of 35
Attachment number 1Page 13 of 35
Attachment number 1Page 14 of 35
Attachment number 1Page 15 of 35
Attachment number 1Page 16 of 35
Attachment number 1Page 17 of 35
Attachment number 1Page 18 of 35
Attachment number 1Page 19 of 35
Attachment number 1Page 20 of 35
Attachment number 1Page 21 of 35
Attachment number 1Page 22 of 35
Attachment number 1Page 23 of 35
Attachment number 1Page 24 of 35
Attachment number 1Page 25 of 35
Attachment number 1Page 26 of 35
Attachment number 1Page 27 of 35
Attachment number 1Page 28 of 35
Attachment number 1Page 29 of 35
Attachment number 1Page 30 of 35
Attachment number 1Page 31 of 35
Attachment number 1Page 32 of 35
Attachment number 1Page 33 of 35
Attachment number 1Page 34 of 35
Attachment number 1Page 35 of 35
Draft procurement Code 4/12/10 version
Page 1 of 111
Article 1 General Provisions and Definitions
Sec. 1-10-1. Purpose.
Sec. 1-10-2. Application of this chapter.
Sec. 1-10-3. Supplementary laws.
Sec. 1-10-4. Good faith provision.
Sec. 1-10-5. Public access to procurement information.
Sec. 1-10-6. Preference for local suppliers, professional services and
contractors.
Sec. 1-10-7. Value analysis.
Sec. 1-10-8. Compliance with state and federal requirement.
Sec. 1-10-9. Definitions--Generally.
Article 2 Reserved
Article 3 Office of the Procurement Director
Sec. 1-10-23. Authority and responsibility of procurement director.
Sec. 1-10-24. Centralization of procurement function.
Sec. 1-10-25. Contract Administration.
Sec. 1-10-26. Unauthorized Contracts.
Sec. 1-10-27. Conflicts of interests.
Sec. 1-10-28. Gratuities and kickbacks.
Sec. 1-10-29. Contingent Fees.
Sec. 1-10-30. Penalties.
Sec. 1-10-31. Reporting of anti-competitive practices to state.
Article 4 Product Specifications
Sec. 1-10-32. Purpose.
Sec. 1-10-33. Types of specifications.
Sec. 1-10-34. Maximum practicable competition.
Sec. 1-10-35. Qualified products list.
Sec. 1-10-36. Background information on vendors.
Sec. 1-10-37. Product references in specifications.
Sec. 1-10-38. Responsibility for specifications.
Sec. 1-10-39. Inspection of purchases.
Article 5 Requirements for Bidding or Proposing on Augusta-Richmond
County Contracts
Sec. 1-10-40. Responsibility of bidders and proposers.
Sec. 1-10-41. Cost or pricing data.
Sec. 1-10-42. Cost or price analysis.
Attachment number 2Page 1 of 113
Draft procurement Code 4/12/10 version
Page 2 of 111
Sec. 1-10-43. Bid and performance bonds when required.
Sec. 1-10-44. Bid bonds.
Sec. 1-10-45. Payment and performance bonds.
Sec. 1-10-46. Insurance requirements.
Sec. 1-10-47. Pre-qualifications of contractors.
Article 6 Procurement Source Selection Methods and Contract Awards
Sec. 1-10-48. Generally.
Sec. 1-10-49. Purchase order.
Sec. 1-10-50. Sealed bids selection method.
Sec. 1-10-51. Request for proposals.
Sec. 1-10-52. Sealed proposals.
Sec. 1-10-53. Competitive Selection procedures for professional and
consultant services.
Sec. 1-10-54. Quotations or informal bids selection method (Standard
and small purchases).
Sec. 1-10-55. Banking services.
Sec. 1-10-56. Sole source procurement.
Sec. 1-10-57. Emergency procurement selection method.
Sec. 1-10-58. Annual Contracts
Sec. 1-10-59. Specific requirements/options for source selection method.
Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re-
advertisement.
Sec. 1-10-61. Multi-term contract.
Sec. 1-10-62. Right to inspect facilities.
Sec. 1-10-63. Right to audit records.
Sec. 1-10-64. Rebidding or cancellation of existing contract.
Sec. 1-10-65. Multiple Awards.
Article 7 Local Small Business Opportunity Program
Sec. 1-10-66. Short Title.
Sec. 1-10-67. Objective.
Sec. 1-10-68. Policy.
Sec. 1-10-69. Definitions.
Sec. 1-10-70. Application; effective date.
Sec. 1-10-71. Program Administration
Sec. 1-10-72. Registration and Certification procedures.
Sec. 1-10-73. Local small business opportunities program participation
Sec. 1-10-74. Exceptions ± Federally Funded Projects
Attachment number 2Page 2 of 113
Draft procurement Code 4/12/10 version
Page 3 of 111
Sec. 1-10-75. &LWL]HQ¶V6PDOO%XVLQHVV$GYLVRU\%RDUG
Article 8 Suspension or Debarment of Bidder or Proposer
Sec. 1-10-76. Authority to suspend or debar from qualified
bidder/proposer list.
Sec. 1-10-77. Causes for suspension and debarment.
Sec. 1-10-78. Notice
Sec. 1-10-79. Finality of decision
Sec. 1-10-80%RDUGRI&RPPLVVLRQHU¶VLQLWLDWHGGHEDUPHQW
Article 9 Appeals and Remedies
Sec. 1-10-81. Procurement protests.
Sec. 1-10-82. Filing of Protest
Sec. 1-10-83. Decision by Procurement Director
Sec. 1-10-84. Appeals
Sec. 1-10-85. Time for Filing.
Sec. 1-10-86. Request for Hearing and Effect of Untimely Appeal.
Sec. 1-10-87. Notice of Hearing
Sec. 1-10-88. Administrative Services Committee Hearing Procedure
and Effect of Failure to Appear at Hearing.
Sec. 1-10-89. Authority of Administrator to Participate Procurement
Matters.
Sec. 1-10-90. Hearing Procedures
Sec. 1-10-91. Determination of Commission; Final Decision.
Sec. 1-10-92. Contract claims
Sec. 1-10-93. Augusta-Richmond County's right to amend bid
solicitations or awards that are in violation of law.
Article 10 Types of Contracts
Sec. 1-10-94. Authority to approve, sign and execute contracts by type.
Sec. 1-10-95. Public Works Contract
Article 11 Cooperative Procurement
Sec. 1-10-96. Cooperative procurement agreement.
Sec. 1-10-97. Sale, acquisition, or use of supplies.
Sec. 1-10-98. Cooperative use of supplies or services.
Sec. 1-10-99. Joint use of facilities.
Sec. 1-10-100. Use of state contracts.
Sec. 1-10-101. Purchase of surplus and excess property.
Attachment number 2Page 3 of 113
Draft procurement Code 4/12/10 version
Page 4 of 111
Sec. 1-10-102. Waiver.
Article 12 Contract Administration and Management
Sec. 1-10-103. Purpose.
Sec. 1-10-104. Augusta-Richmond County contracts and contract
clauses.
Sec. 1-10-105. Contract modification.
Sec. 1-10-106. Bid security and performance bonds.
Sec. 1-10-107. Contract performance and payment bonds.
Sec. 1-10-108. Bond forms and copies.
Sec. 1-10-109. Retainage.
Sec. 1-10-110. Wage and requirements for federally funded projects.
Sec. 1-10-111. Approval of accounting system.
Sec. 1-10-112. Contractual provisions for worksite inspections.
Sec. 1-10-113. Contractual provisions for auditing records.
Article 13 Supplies and Fixed Assets Management Programs
Sec. 1-10-114. Surplus supplies.
Sec. 1-10-115. Fixed asset management.
Sec. 1-10-116. Supplies management.
Sec. 1-10-117. Severability.
Sec. 1-10-117 through Sec. 1-10-999. Reserved.
Attachment number 2Page 4 of 113
Draft procurement Code 4/12/10 version
Page 5 of 111
Chapter 10
PROCUREMENT
ARTICLE 1
GENERAL PROVISIONS AND DEFINITIONS
Sec. 1-10-1. Purpose.
The purpose of this Augusta-Richmond County Procurement Procedures is
to provide detailed administrative procedures for implementation of
procurement policies for Augusta-Richmond County. Further, the purpose
of this article is to:
(a) Simplify and consolidate the procurement procedures;
(b) Provide for centralized procurement;
(c) Ensure fair and equitable treatment of all persons involved in the
procurement process; and
(d) Foster competition in the public procurement process.
This chapter shall contain all of the administrative rules, regulations, and
procedures needed to purchase goods and services and provide other
procurement services for Augusta-Richmond County government.
(Ord. No. 6939, § 16, 1-2-07)
Sec. 1-10-2. Application of this chapter.
(a) The requirements of this chapter apply to contracts for the
procurement of supplies, commodities, services, construction,
professional, and consultant service products solicited or
entered into by Augusta-Richmond County. It shall apply to
every expenditure of public funds irrespective of the source of
the funds. It shall also apply to the disposal of Augusta-
Richmond County supplies and personal assets.
(b) Nothing in this chapter shall preclude Augusta-Richmond
Attachment number 2Page 5 of 113
Draft procurement Code 4/12/10 version
Page 6 of 111
County from complying with the terms and conditions of any
grant, gift, donation or bequest that are otherwise consistent
with state and federal laws.
Sec. 1-10-3. Supplementary laws.
The principles of law and equity, including those relative to contract,
agency, fraud, duress, coercion, mistake, bankruptcy, and Uniform
Commercial Code of Georgia (O.C.G.A. 11-1-101 et. seq. as amended) and
all other applicable Federal, State and local laws shall apply, as appropriate,
to the procurement process.
Sec. 1-10-4. Good faith provision.
All parties involved in the negotiation, performance, or administration of
Augusta-Richmond County contracts shall act in good faith. Good faith
means honesty in fact in the conduct or transaction concerned and the
observance of reasonable commercial standards of fair dealing. See
O.C.G.A. § 11-2-201.
Sec. 1-10-5. Public access to procurement information.
(a) Contract files. Written records pertaining to a solicitation, award or
performance of a contract or purchase order shall be maintained by
the Procurement Director.
(b) Retention. All procurement records shall be maintained and disposed
of in accordance with the Records Retention schedule as established
by the Augusta-Richmond County Commission.
(c) Public access. Procurement information shall be considered public
records to the extent required by the Georgia Open Records Act. A
Request for Proposals (RFP) shall not become public record until the
final contract is negotiated and awarded. Any financial, trade secrets
or commercial data contained in Request for Proposals shall be
considered privileged and confidential and shall not be disclosed.
Sec. 1-10-6. Preference for local suppliers, professional services and
contractors.
Attachment number 2Page 6 of 113
Draft procurement Code 4/12/10 version
Page 7 of 111
(a) Augusta-Richmond County encourages the use of local suppliers of
goods, services and construction products whenever possible.
Augusta-Richmond County also vigorously supports the advantages
of an open competitive market place. Nothing in this Section shall be
interpreted to mean that the Augusta-Richmond County Administrator
or Procurement Director are restricted in any way from seeking formal
bids or proposals from outside the Augusta market area.
(b) When the quotation or informal bids selection method is used by the
Procurement Director or using agency head to seek firms to quote on
Augusta-Richmond County commodities, services and construction
products, local firms should be contacted, if possible, first. Where the
Procurement Director or using agency head believes that there may
not be at least three (3) qualified informal bidders, quotes shall be
sought from outside the Augusta market area.
(c) In the event of a tie bid (see section 1-10-50 (h)), when all other
factors are equal, the Augusta-Richmond County Administrator is
encouraged to select the bid from within the local market area. The
Administrator shall retain the flexibility to make the award of contract
to a bidder outside of the local market area if there is sufficient
evidence to support collusive bidding in favor of a local source.
(d) (d) The local vendor preference policy shall be applied when the
lowest bidder is within 5% or $10,000.00, whichever is less of the
lowest non-local bidders. The lowest local bidder will be allowed to
match the bid of the lowest non-local bidder, if matched the lowest
local bidder will be awarded the contract.
(e) For the purposes of this section, "local bidder" shall mean a business
which:
(1) Has had a fixed office or distribution point in and having a
street address within Augusta for at least six (6) months
immediately prior to the issuance of the request for bids or
quotes by Augusta; and
(2) Holds any business license required by the Augusta-Richmond
County Code AUGUSTA, GA. CODE; and
Formatted: Font: 14 pt
Formatted: List Paragraph, Indent: Left: 0",
Hanging: 0.5", Numbered + Level: 1 +
Numbering Style: a, b, c, « + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Tab
after: 1" + Indent at: 1", Tab stops: Not at
Formatted: Font: 14 pt
Formatted: List Paragraph, Indent: Left: 0",
First line: 0"
Formatted: List Paragraph, Indent: Left: 0",
Hanging: 0.5", Numbered + Level: 1 +
Numbering Style: a, b, c, « + Start at: 1 +
Alignment: Left + Aligned at: 0.75" + Tab
after: 1" + Indent at: 1", Tab stops: Not at
Attachment number 2Page 7 of 113
Draft procurement Code 4/12/10 version
Page 8 of 111
(3) Employees at least one full timefull-time employee, or two part
timepart-time employees whose primary residence is in
Augusta- Richmond County, or if the business has no
employees, the business shall be at least 50% owned by one or
more persons whose primary residence is in Augusta-Richmond
County.
(ef) The Procurement Director shall develop a program to routinely search
out local firms that offer products or services which Augusta-
Richmond County may purchase and encourage such firms to place
themselves on the bidder's list.
(fg) Certification as a local bidder. In order to be certified as a local
bidder, a bidder must submit a completed application to the
Department of Procurement, and the applicant must be approved and
certified by the Department of Procurement. 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.
(gh) Criteria. To be certified as a local bidder, the eligible bidder must
satisfy the following criteria:
(1) The eligible bidder's principal place of business is located in
Augusta-Richmond County; and
(2) The eligible bidder has held a valid Augusta-Richmond County
business license for at least six (6) months prior to the date of
application; and
(3) A majority of the employees based at the eligible bidder's
location(s) in Augusta-Richmond County have been residents
of Augusta-Richmond County for at least six months prior to
the date of application.
(hi) Term. The certification as a local bidder shall expire two (2) years
from the date of the approval of the application. Following the
expiration date, a business is no longer a local bidder. An eligible
bidder must submit a new application for certification as a local
bidder to the Procurement Director and establish that it continues to
Attachment number 2Page 8 of 113
Draft procurement Code 4/12/10 version
Page 9 of 111
meet the requirements contained in subparagraph (g) of this section in
order to receive a bid preference on eligible local projects.
(ij) Continuing obligations of eligible bidders certified as local bidders.
Eligible bidders certified as local bidders shall be under a continuing
duty to immediately inform the department of procurement in writing
of any changes in the eligible bidder's business if, as a result of such
changes, the eligible bidder no longer satisfies the requirements of
subparagraph (g) of this section.
(jk) Nothing in this section shall be interpreted to mean that the Augusta-
Richmond County Administrator or Commission may abrogate the
provisions of O.C.G.A. §§ 36-10-1 through 36-10-5, Public Works
Contracts. This provision of Georgia law requires that all County
public works contracts of forty thousand dollars ($40,000.00) or more,
as defined therein, be publicly advertised before letting out the
contract to the lowest bidder. Further, nothing in this section shall be
interpreted to mean Augusta-Richmond County Administrator or
Board of Commissioners may abrogate the provisions of the
AUGUSTA, GA. CODE requiring public advertising before letting
certain contracts.
(Ord. No. 6890, § 1, 6-15-06; Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-7. Value analysis.
(a) Purpose. A significant portion of the Augusta-Richmond County
Annual Budget is committed each year to various purchase contracts
such as raw materials, equipment, equipment parts or components,
general supplies, and professional and non-professional services.
Therefore, it is essential that maximum value be obtained for every
public tax dollar spent. A proven technique for obtaining this goal is
value analysis.
(b) Definition of value analysis. Value analysis is the organized and
systematic study of every element of cost in a part, material, or service
to make certain it fulfills its function at the best value. It employs
techniques which identify the functions the user wants from a product
or service; establishes by comparison the appropriate cost for each
function; then, it causes the required knowledge, creativity; and
Attachment number 2Page 9 of 113
Draft procurement Code 4/12/10 version
Page 10 of 111
initiative to be used to provide each function for that cost.
(c) Application of value analysis to the procurement process. Value
analysis is a study of function and the value of any service, material,
or product established by the minimum cost of other available
alternatives, materials, products, or services that will perform the
same function. To achieve high value, emphasis must be placed on
obtaining high use value at low cost.
Sec. 1-10-8. Compliance with state and federal requirement.
When the procurement transaction involves the expenditure of State or
Federal funds, the transaction shall be conducted in accordance with any
applicable mandatory State or Federal laws and authorized regulations which
are not reflected in this chapter. Notwithstanding where State and Federal
assistance or contract funds are used in procurement transaction, any
applicable local requirements that are more restrictive than State or Federal
requirements but not in conflict therewith shall be followed.
Sec. 1-10-9. Definitions--Generally.
The terms, phrases, words, and their derivations set forth below shall have
the meaning given herein. Words not defined herein or within the Official
Code of Georgia Annotated shall be interpreted so as to give them the
meaning they have in common usage and to give this chapter its most
reasonable application. Words used in the singular shall include the plural,
and the plural the singular; words used in the present tense shall include the
future tense. The words shall, will, and must are mandatory and not
discretionary. The word may is permissive.
(1) Agreement. The bargain of the parties in fact as found in their
language or by implication from other circumstances including
course of dealing or usage of trade or course of performance as
provided in O.C.G.A. § 11-1-205 and § 11-2-208. Whether an
agreement has legal consequences is determined by the
provision of this title, if applicable; otherwise, by the law of
contracts (O.C.G.A. § 11-1-103). (O.C.G.A. § 11-2-201)
(2) Annual contract. Means any contract entered into for a period
of one year or multiple one-year periods (including options to
Attachment number 2Page 10 of 113
Draft procurement Code 4/12/10 version
Page 11 of 111
renew for additional one year periods), with a vendor or
contractor, to provide Augusta-Richmond County, upon request
with a specified product or service, such as paving, concrete or
office supplies at a predetermined rate or price.
(3) Award. Means when legislation authorizing the award of a
contract has been adopted by the Board of Commissioners and
approved the execution of the contract by the Mayor; however
no liability shall attach nor shall the contract be considered
binding unless it has been duly executed by the contractor and
returned with all required submittals including insurance and
bonding, if applicable, executed by the Mayor; attested to by
the Clerk and approved by General Counsel as to form.
(4) Bid. An offer to perform a contract for work and labor or
supplying materials or goods at a specified price. Or, an offer
by an intending purchaser to pay a designated price for property
which is about to be sold at auction.
(5) Bid Bond. A type of bond required in public construction
projects which are filed at the time of the bid and which
protects Augusta-Richmond County in the event that the bidder
refuses to enter into a contract after the award or withdraws its
bid before the award.
(6) Bidders List. Augusta-Richmond County's official list of
qualified persons or vendors to be invited to respond to any
type of invitation for bids or requests for proposals which shall
be maintained by the Procurement Director.
(7) Business. Any corporation, partnership, individual, sole
proprietorship, joint stock company, joint venture, firm, or any
other private legal entity.
(8) Change Order. A formal document effecting a unilateral
modification that alters the specification, delivery point, rate of
delivery, period of performance, price, quantity, or other
provision of any contract signed and issued by the Augusta-
Richmond County Administrator or Procurement Director,
Attachment number 2Page 11 of 113
Draft procurement Code 4/12/10 version
Page 12 of 111
directing the contractor to make changes to the scope of work
as authorized by the Augusta-Richmond County Commission.
(9) Commodities. Those things that are useful or serviceable,
particularly articles of merchandise moveable in trade, goods,
wares, supplies, and merchandise of any kind.
(10) Construction. The process of building, altering, repairing,
improving, or demolishing any public structure or building, or
other public improvements of any kind to any public real
property. It does not include the routine operation, routine
repair, or routine maintenance of existing structures, buildings,
or real property.
(11) Contract. Means all types of countyAugusta-Richmond County
agreements, including purchase orders, regardless of what they
may be called, for the procurement or disposal of supplies,
services, construction, professional or consultant services and
for the transfer of interests in real property.
(12) Contract Administration. All activity necessary after award of a
contract to administer a contract and to ensure full compliance
with its terms, conditions, and scope of services.
(13) Contract Documents. All documents which define the scope of
the project, including but not limited to, the plans and
specifications, advertisement for bids, instructions to bidders,
the bid, the proposal, bonds, general conditions, special
conditions, insurance and technical specifications.
(14) Contract Modification. Any written alteration in specifications,
delivery point, time and rate of delivery, period of performance,
price, quantity or other provisions of any contract reached by
mutual action of the parties to the contract.
(15) Contractor and/or Sub-Contractor. Any person having a
contract with Augusta-Richmond County, a using agency of
Augusta-Richmond County, or a contractor thereof.
(16) Cooperative Procurement. Acquiring commodities, services,
Attachment number 2Page 12 of 113
Draft procurement Code 4/12/10 version
Page 13 of 111
and construction by, or on behalf of, more than one public
procurement agency.
(17) Cost Analysis. The evaluation of cost data for the purpose of
arriving at costs actually incurred or estimates of costs to be
incurred, prices to be paid, and costs to be reimbursed.
(18) Cost Data. The factual information concerning the cost of
labor, material, overhead, and other cost elements which are
expected to be incurred or which have been actually incurred by
the contractor in performing the contract.
(19) Cost-reimbursement Contract. A contract under which a
contractor is reimbursed for costs which are allowable and in
accordance with the contract terms and the provisions of this
chapter, and a fee or profit, if any.
(20) Board of Commissioners. The Board of Commissioners of
Augusta-Richmond County which is the governing body of
Augusta-Richmond County.
(21) Mayor. The chief executive officer of Augusta-Richmond
County who is authorized to sign all contracts for the Board of
Commissioners.
(22) Administrator. The chief appointed administrative officer of
Augusta-Richmond County.
(23) Days. Days mean calendar days. In computing any period of
time prescribed by the Procurement Code, the first day shall not
be counted but the last day shall be counted. If the last day falls
on a Saturday or Sunday, the party shall have through the
following Monday. When the last day falls on a legal holiday
observed by the governing authority, the party shall have
through the next day.
(24) Debarment. Exclusion from contracting and subcontracting
with Augusta-Richmond County for a specified period of time.
(25) Designee. A duly authorized representative of a person holding
Attachment number 2Page 13 of 113
Draft procurement Code 4/12/10 version
Page 14 of 111
a superior position.
(26) Discussions. As used in the selection process, means an
exchange of information or other manner of negotiation during
which the offeror and Augusta-Richmond County may alter or
otherwise change the conditions, terms, and price of the
proposed contract. Discussions may be conducted in connection
with competitive sealed proposals, sole source, and emergency
procurement.
(27) Emergency. Any reasonably unforeseen circumstances, i.e.
breakdown in major equipment, threatened termination or
curtailment of an essential service, or development of a
dangerous condition that creates an immediate threat to public
health, welfare or safety.
(28) Employee. An individual drawing a salary or wages from
Augusta-Richmond County, whether elected or not; any non-
compensated individual performing personal services for
Augusta-Richmond County or any department, agency,
commission, council, board, or any other entity established by
the executive, legislative or judicial branch of Augusta-
Richmond County; and any non-compensated individual
serving as an elected official of Augusta-Richmond County.
(29) Fault. Wrongful act, omission or breach.
(30) Financial Interest. All direct ownership interests of the total
assets or capital stock of a business entity where such
ownership interest is ten (10) percent or more. (O.C.G.A. § 36-
67A-1).
(31) Firm. Any individual, partnership, corporation, association,
joint venture, or other legal entity permitted by law to practice
or offer professional or consultant services.
(32) Good Faith. Honesty in fact in the conduct or transaction
concerned. (O.C.G.A. § 11-1-201).
(33) Gratuity. A payment, loan, subscription, advance, deposit of
Attachment number 2Page 14 of 113
Draft procurement Code 4/12/10 version
Page 15 of 111
money, service, or anything of more than nominal value,
present or promised, unless consideration of substantially equal
or greater value is received.
(34) Genuine. Free of forgery or counterfeiting. (O.C.G.A. § 11-1-
210).
(35) Immediate family. Father, mother, son, daughter, brother, sister,
grandparents or grandchildren, wife or husband, or the wife or
husband of any of the preceding listed persons.
(36) Interested party. Means an actual or prospective bidder,
offeror, or contractor that may be aggrieved by the solicitation
or award of a contract, or by the protest.
(37) Invitation for Bids. An advertisement for the submission of bids
for a particular project, item or goods whether attached or
incorporated by reference.
(38) Let (contracts). Award to one of several persons, who have
submitted proposals (bids) therefore, the contract for erecting
public works or doing some part of the work connected
therewith, or rendering some other service to the government
for a stipulated compensation.
(39) Lowest and most responsive Bidder. The most responsive and
responsible bidder or offeror as herein defined who has offered
the requested goods, services, or construction for the lowest
value.
(40) May. Denotes the permissive.
(41) Notice. Knowledge, or a notice or notification received by an
individual or organization. Notice is effective for a particular
transaction from the time when it is delivered to the individual
it is addressed to or is delivered to any person in the
organization conducting, or seeking to conduct business with
Augusta-Richmond County. (O.C.G.A. § 11-1-201).
(42) Notice to proceed. Written document issued by the Procurement
Attachment number 2Page 15 of 113
Draft procurement Code 4/12/10 version
Page 16 of 111
Director or her designee directing the contractor to proceed
with the performance of the contract.
(43) Offer. A proposal or bid submitted in response to a request for
proposal (RFP) or invitation for bid (ITB).
(44) Offeror. Any person submitting a response to a solicitation
issued, including an informal request for quotes, a request for
proposal or invitation for bids.
(45) Organization. Includes a corporation, government or
governmental subdivision or agency, business trust, estate,
trust, partnership or association, two or more persons having a
joint or common interest, or any other legal or commercial
entity. (O.C.G.A. § 11-1-201).
(46) Payment bond. A bond issued for the protection of all persons
supplying labor and material to the contractor or subcontractors
for the performance of the work specified in the contract.
(47) Performance bond. A bond that insures that the contract will be
completed in accordance with contract requirements.
(48) Person. Any business, individual, union, committee, club, other
organization, or group of individuals.
(49) Pre-qualification. The process to determine whether a
prospective bidder or proposer satisfies the criteria established
for inclusion on the pre-qualified bidders or proposers list.
(50) Price Analysis. The evaluation of price data, without analysis of
the separate cost components and profit as in cost analysis,
which may assist in arriving at prices to be paid and costs to be
reimbursed.
(51) Pricing Data. The factual information concerning prices for
items substantially similar to those being procured. Prices in
this definition refer to offered selling prices, historical selling
prices, and current selling prices. The definition refers to data
relevant to both prime and sub-contract prices.
Attachment number 2Page 16 of 113
Draft procurement Code 4/12/10 version
Page 17 of 111
(52) Procurement. Means buying, purchasing, renting, leasing, or
otherwise acquiring any supplies, services or construction. It
also includes all functions that pertain to the obtaining of any
supply, service, or construction, including description of
requirements, selection and solicitation of sources, preparation
and award of contract, and all phases of contract administration.
(53) Procurement Department. The department responsible for the
expenditure of public funds for the procurement of
commodities, services, or construction products.
(54) Procurement Director. The department head of the
Procurement Department responsible for the procurement of
goods and services for Augusta-Richmond County.
(55) Procurement Officer. Any person duly authorized to enter into
and administer contracts and make written determinations with
respect thereto. The term also includes an authorized
representative acting within the limits of authority.
(56) Product. Something produced by physical labor or intellectual
effort, commodities, supplies, equipment, materials, goods,
services and construction.
(57) Product Reference. A specification limited to one or more items
by manufacturers' names or catalog numbers to describe the
standard of quality, performance, and other salient
characteristics needed to meet CountyAugusta-Richmond
County requirements, and which provides for the submission of
equivalent products.
(58) Professional and consultant services. Means those services
within the scope of the practices of architecture, investment
banking, professional engineering, planning, landscape
architecture, land surveying, the medical arts, management and
analysis, accounting or auditing, law, psychology or any other
similar kind or type of professional practice. For purposes of
this division, professional and consultant services shall not
Attachment number 2Page 17 of 113
Draft procurement Code 4/12/10 version
Page 18 of 111
include investment management services as defined by the laws
of the State of Georgia.
(59) Proposal. Means the solicited submission of information from a
prospective offeror in accordance with the terms of the
applicable request for proposals and applicable law.
(60) Protest. Means a written statement concerning any unresolved
disagreement or controversy arising out of the solicitation or
award of a contract filed in accordance with the requirements of
this Code.
(61) Protestor. Means any actual or prospective bidder, offeror, or
contractor who is aggrieved in connection with the solicitation
or the award of a contract and who files a protest.
(62) Public procurement unit. The United States Government, any
department, agency or division thereof, any city, county, town,
and any subdivision of the State of Georgia or public agency of
any such subdivision, public authority, educational, health, or
other institution, any other non-profit entity which expends
public funds for procurement or supplies, services, or
construction.
(63) Public Sale. A sale held to dispose of surplus Augusta-
Richmond County property.
(64) Public Works Contract. Any contract for an countyAugusta-
Richmond County government public works project valued at
forty thousand dollars ($40,000.00) or more as more fully
defined in O.C.G.A. § 36-10-1 and Article X of this chapter.
(65) Purchase. Includes taking by sale, discount, negotiation,
mortgage, pledge, lien, issue or reissue, gift, or any other
voluntary transaction creating an interest in property. (O.C.G.A.
§ 11-1-201).
(66) Purchase Order. Written authorization requesting the selected
vendor to deliver goods with payment to be made later.
Attachment number 2Page 18 of 113
Draft procurement Code 4/12/10 version
Page 19 of 111
(67) Qualified Products List. An approved list of commodities
described by model or catalog numbers, which, prior to
competitive solicitation, Augusta-Richmond County has
determined will meet the applicable product specifications
requirements.
(68) Quotations or informal bids selection method. The method for
procuring services, commodities or goods without the formality
of a written proposal or sealed bid for purchases that do not
exceed $10,000.00.
(69) Requisition. The document submitted by a using agency
requesting that a purchase be made on its behalf. Requisition
includes, but is not limited to, a description of the requested
commodity, service or construction product, delivery schedule,
transportation data, criteria for evaluation, suggested sources of
supply, and information supplied for the working of any written
determination required by law or this Code.
(70) Request for Proposals (RFP). All documents, whether attached
or incorporated by reference, utilized for soliciting proposals.
(71) Request for Qualifications (RFQ). A method used to
predetermine the capacity of prospective bidders or proposers
for a specific project prior to the issuance of a solicitation.
(72) Responsible Bidder or Proposer. A person who has the
capability in all respects to perform fully the contract
requirements, and the tenacity, perseverance, experience,
integrity, reliability, capacity, facilities, equipment, and credit
which will assure good faith performance. In considering
whether a bidder is responsible, the Procurement Director,
Augusta-Richmond County Administrator, using agency head,
or Augusta-Richmond County Commission may consider the
proposers or bidder's quality of work, general reputation in the
community, financial responsibility, and previous employment
or use by Augusta-Richmond County.
(73) Responsive Bidder or Proposer. A person who has submitted a
bid or proposal which conforms in all material respects to the
Attachment number 2Page 19 of 113
Draft procurement Code 4/12/10 version
Page 20 of 111
requirements set forth in the invitation for bids or request for
proposal.
(74) Sealed Bid. A method for submitting a bid to perform work on a
proposed contract. In general, each party interested submits a
bid in a sealed envelope, and all such bids are opened at the
same time and the most favorable responsible bid is accepted.
(75) Sealed Proposal. A method for submitting a proposal for
services or a combination of services and commodities on a
proposed contract.
(76) Services. The furnishing of labor, time or effort, not involving
the delivery of a specific end product other than reports which
are merely incidental to the required performance. This term
shall not include employment agreements or collective
bargaining agreements.
(77) Small Business. A United States business which is
independently owned and which is not dominant in its field of
operation or an affiliate or subsidiary of a business dominant in
its field of operation.
(78) Solicitation. Means an invitation for bids, a request for
proposals, a request for quotations or any other document
issued by the Augusta-Richmond County concerning its
soliciting bids or proposals to perform an Augusta-Richmond
County contract or purchase order.
(79) Sole Source. A written determination made by the Procurement
Director indicating that there is only one source for the
procurement of any goods, supplies, services, construction,
manufacturer or product source and/or only one vendor source
for the required commodities, services or construction products.
(80) Specification. Any description of the physical or functional
characteristics or of the nature of commodities, services, or
construction products. It may include a description of any
requirement for inspecting, testing, or preparing a commodity,
service, or construction product for delivery.
Attachment number 2Page 20 of 113
Draft procurement Code 4/12/10 version
Page 21 of 111
(81) Substantial Interest. The direct or indirect ownership of more
than twenty-five (25) percent of the assets or stock of any
business. (O.C.G.A. § 45-10-20).
(82) Supplies. Any goods, equipment, material or other personal
property owned by Augusta-Richmond County and available
for use by the personnel of the organization.
(83) Surplus Supplies. Any Augusta-Richmond County owned
supplies no longer needed having any use to Augusta-
Richmond County as determined of official action of the Board
of Commissioners.
(84) Using Agency. Any department, commission, board, office,
authority, or division of Augusta-Richmond County requiring
commodities, services or construction products or professional
or other consultant services.
(85) Using Agency Head. The director or department head of a using
agency that is responsible for the administration or such using
agency.
(86) Value Analysis. An organized and systemic study of every
element of cost in a part, material, or service to make certain it
fulfills its function at the best value.
(87) Warranty Period. The period following final acceptance of the
project during which the contractor/vendor is responsible for
repair of any product, equipment and /or work not caused by
vandalism or natural disaster.
ARTICLE 2
Sec. 1-10-10 through 1-10-22
RESERVED*
* Editors Note: Ord. No. 6239, § 2, adopted Jan. 18, 2000, repealed §§
Attachment number 2Page 21 of 113
Draft procurement Code 4/12/10 version
Page 22 of 111
1-10-10--1-10-22 in their entirety. See the Code Comparative Table.
__________
ARTICLE 3
OFFICE OF THE PROCUREMENT DIRECTOR
Sec. 1-10-23. Authority and responsibility of procurement director.
(a) Authority. The Procurement Director is designated as the principal
public procurement official for Augusta-Richmond County, and shall
be responsible for the procurement of commodities, services,
construction, and professional service products in accordance with the
AUGUSTA, GA.-RICHMOND COUNTY CODE and this chapter.
(b) Duties. In accordance with the Augusta-Richmond County Code, tThe
duties of the Procurement Director are further elaborated upon to
include but are not be limited to:
(1) Procuring or supervising the procurement of all commodities,
services, construction, and professional and consultant service
products needed by Augusta-Richmond County;
(2) Acting to procure for Augusta-Richmond County the highest
quality in commodities, construction and service products at the
best value to Augusta-Richmond County;
(3) Discouraging collusive bidding and endeavoring to obtain as
full and open competition as possible on all purchases and
sales;
(4) Keeping informed of current developments in the field of
procurement, prices, market conditions and new products, and
secure for Augusta-Richmond County the benefits of research
conducted in the field of procurement by other governmental
jurisdictions, national technical societies, trade associations
having national recognition, and by private businesses or
organizations;
(5) Prescribing and maintaining such forms as needed to operate
Formatted: Small caps
Attachment number 2Page 22 of 113
Draft procurement Code 4/12/10 version
Page 23 of 111
the procurement program;
(6) Preparing, recommending, and implementing standard
procurement nomenclature for using agencies and product
suppliers;
(7) Preparing, adopting and properly maintaining a vendors' catalog
file and qualified products list, if needed;
(8) Exploring cooperative ventures and possibilities of buying in
bulk so as to take full advantage of discounts;
(9) Procuring for Augusta-Richmond County whenever possible all
tax exemptions;
(10) Cooperating with using agencies so as to secure for Augusta-
Richmond County the maximum efficiency in budgeting and
purchasing;
(11) Recommending to the Administrator that product vendors who
are irresponsible and non-responsive or default on contracts be
debarred from receiving any business from Augusta-Richmond
County for an appropriate period of time;
(12) Exercising general supervision over all other inventories of
supplies belonging to Augusta-Richmond County;
(13) Establishing and maintaining programs for specifications
development, contract administration, and inspecting, testing
and acceptance, in cooperation with the public agencies using
the commodities, services and construction products;
(14) Working to ensure equal opportunity for disadvantaged all
business owners;
(15) Selling, trading, or otherwise disposing orf surplus supplies
belonging to Augusta-Richmond County;
(16) Prequalifying suppliers;
Attachment number 2Page 23 of 113
Draft procurement Code 4/12/10 version
Page 24 of 111
(17) Prequalifying products through the study of testing data;
(18) Maintaining the official Augusta-Richmond County bidder's
list;
(19) Adopting operational procedures;
(20) Contract administration;
(21) Examining solicitation documents and contracts;
(22) Resolving protests excepts as otherwise designated by the
AUGUSTA, GA. CODE; and
(23) Any other duty assigned by the Commission or Administrator
that is within the intent and scope of duties set forth in the
AUGUSTA, GA. CODE.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-24. Centralization of procurement function.
(a) Except as otherwise required by law, the Procurement Director or
designee shall solicit all bids or proposals for the procurement of
commodities, services, and construction products, professional or
consultant service products and personal property disposition for all
using agencies of Augusta-Richmond County, except for certain
purchases officially authorized to be made by an elected official or
using agency head.
(b) Augusta-Richmond County shall not be legally bound by any
purchase order or contract made contrary to the provisions of the
AUGUSTA, GA. CODE and this chapter. Except as may be specifically
provided herein, it shall be a violation of this chapter for any officer or
employee of Augusta-Richmond County or other person to order the
purchase of any commodities, make contracts for any services, or
dispose of any property within the purview of this chapter other than
through the Augusta-Richmond County Administrator or Procurement
Director. Any such purchase may be considered ultra vires. Violators
shall be subject to penalties provided by law and/or in Article 3 of this
Attachment number 2Page 24 of 113
Draft procurement Code 4/12/10 version
Page 25 of 111
chapter the AUGUSTA, GA. CODE.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-25. Contract Administration.
(a) Using Agency requirements. The Procurement Director shall
maintain a close and cooperative relationship with using agencies; and
shall afford each using agency reasonable opportunity to participate in
and make recommendations with respect to procurement matters
affecting the agency. The Procurement Director and the Department
Head of the using agency shall consult with and seek technical
assistance from professionals or persons within the agency having
subject matter expertise and knowledge when drafting and developing
solicitation documents. If the knowledge and expertise is not
available in the using agency then the Procurement Director and/or the
using agency shall consult and seek such technical skills and
knowledge from other county Augusta-Richmond County departments
or professionals.
(b) Examination of solicitation documents and contracts: The
Procurement Director and the using agency shall review each
solicitation for accuracy prior to advertising. The Procurement
Director and the using agency shall review each contract to determine
the accuracy of the terms, conditions, substance and the inclusion of
all required documents including insurance and bonding.
Sec. 1-10-26. Unauthorized Contracts
Liability of cityAugusta-Richmond County officers and employees for
unauthorized contracts. If any officer or employee of Augusta-Richmond
County shall create any actual legal liability against himself or herself or
Augusta-Richmond County under the following circumstances:
(a) Such officer or employee requests or knowingly permits any person to
proceed or to continue with the performance of any construction or
services for Augusta-Richmond County or to provide supplies to
Augusta-Richmond County; and
(b) The construction or service, or the provision of supplies was not duly
Attachment number 2Page 25 of 113
Draft procurement Code 4/12/10 version
Page 26 of 111
DXWKRUL]HGE\WKH0D\RURUWKH0D\RU¶VGHVLJQHHLQDFFRUGDQFHZLWK
Augusta-Richmond County Charter and theis code of ordinances
AUGUSTA, GA. CODE, prior to the performance of the construction,
service, or provision of supplies, and such officer or employee knew
or should have known such fact; and
(c) The contractor or supplier expends money, incurs liability or
otherwise acts to its financial detriment in reliance upon the
representation of Augusta-Richmond County officer or employee
involved; then in such event, if Augusta-Richmond County
Administrator and department head, in the case of an employee, or the
Mayor, in the case of an appointed official, as the case may be,
determines that such circumstances exist, that there are no mitigating
or extenuating factors sufficient to justify the actions of the officer of
employee, and that just cause exists for the discharge of the offending
officer or employee of Augusta-Richmond County then such
offending officer or employee shall be discharged from his or her
employment with Augusta-Richmond County subject to the labor-
management relations ordinance where appropriate.
(d) Nothing in this article or the AUGUSTA, GA. CODE shall be construed
as a waiver of any defenses available to Augusta-Richmond County,
including immunity.
Sec. 1-10-27. Conflicts of interests.
In accordance with this division it shall be unethical for any Augusta-
Richmond cCounty officer or employee to participate directly or indirectly
in the procurement process except in the following circumstances:
(a) Procurement by competitive sealed bidding. Direct or indirect
financial interest in or employment by or having any other interest in a
business which is involved in a procurement with Augusta-Richmond
County only through a competitive sealed bid shall not be a cause for
a conflict of interest under this division.
(b) Disposition of real property by competitive sealed bidding. Direct or
indirect financial interest in or employment by or having any other
interest in a business which is involved in the acquisition of real
property disposed of by Augusta-Richmond County through
Attachment number 2Page 26 of 113
Draft procurement Code 4/12/10 version
Page 27 of 111
competitive sealed bidding shall not be a cause for a conflict of
interest under this division.
(c) Disclosure and determination of no adverse interest. Any
countyAugusta-Richmond County officer or employee who has a
direct or indirect financial interest in any procurement made other
than by a competitive sealed bid shall disclose the nature of the
financial interest to the Procurement Director. Augusta-Richmond
County Administrator, in consultation with the Procurement Director
and General Counsel shall make a written determination as to whether
Augusta-Richmond County officer or employee has a conflict of
interest that would prevent participation in such procurement.
Sec. 1-10-28. Gratuities and kickbacks.
(a) Gratuities. It shall be unethical for any person to offer, give or agree
to give any employee or former employee or for any employee or
former employee to solicit, demand, accept or agree to accept from
another person a gratuity or an offer of employment in connection
with any decisions, approval, disapproval, recommendation,
preparation of any procurement, influencing the content of any
specification or procurement standard, rendering of any advice,
investigation or acting any advisory capacity or in any in any matter
related to a contract, subcontract, solicitation or proposal.
(b) Kickbacks. It shall be unethical for any payment, gratuity or offer of
employment to be made by or on behalf of a subcontractor or
contractor or any person associated therewith as an inducement for the
award of a contract or subcontract. This prohibition against gratuities
and kickbacks shall be contained in every solicitation and contract.
(c) Former Employees. No former employee or officer shall participate
directly or indirectly in an Augusta-Richmond County procurement
for six (6) months after termination of employment or service with
Augusta-Richmond County.
Sec. 1-10-29. Contingent Fees.
(a) Prohibition. It shall be unethical for a person to be retained or to
retain a person to solicit or secure an countyAugusta-Richmond
Attachment number 2Page 27 of 113
Draft procurement Code 4/12/10 version
Page 28 of 111
County contract upon an agreement or understanding for a
commission, percentage, brokerage or contingent fee, except for
retention of bona fide employees of bona fide established commercial
selling agencies for the purpose of securing business.
(b) Contract clause required. Every countyAugusta-Richmond County
contract or purchase order shall contain the clause prohibiting
contingent fees, as follows: ³7KHYHQGRURUFRQWUDFWRURUILUPZDUUDQWVWKDWLWKDVQRWHPSOR\HGRU
retained any company or person, other than a bona fide employee
working for the vendor or contractor or firm, to solicit or secure this
contract or purchase order; and that the vendor or contractor or firm
has not paid or agreed to pay any person, company, association,
corporation, individual or firm other than a bona fide employee
working for the vendor or contractor or firms, any fee, commission,
percentage, gift or any other consideration contingent upon or
resulting from the award or making of this agreement, For the breach
or violation of the above warranty, and upon a finding after notice and
hearing, Augusta-Richmond County shall have the right to terminate
the contract or purchase order without liability, and, at its discretion,
to deduct from the contract or purchase order price, or otherwise
recover the fill amount of such fee, commission, percentage, gift or FRQVLGHUDWLRQ´
Sec. 1-10-30. Penalties.
(a) Criminal penalties. To the extent that violations of the ethical
standards of conduct set forth in this division constitute violations of
state law or violations of Augusta-Richmond County standards of
conduct set forth in section 1-1-8 of the AUGUSTA, GA. CODE, they
shall be punishable as provided therein. Such penalties shall be in
addition to the civil sanctions set forth in this division. Criminal, civil
and administrative sanctions, against employees or non-employees
which are in existence on the effective date of the ordinance from
which this article derives shall not be impaired.
(b) Sanctions. The Augusta-Richmond County Board of Commissioners
is permitted to impose sanctions upon any employee or non-employee
for violations of these provisions.
Formatted: Small caps
Attachment number 2Page 28 of 113
Draft procurement Code 4/12/10 version
Page 29 of 111
(c) Employees. The AdministratorMayor, upon the recommendation of a
Augusta-Richmond County Administrator Department Director may
impose any one or more of the following sanctions on an employee
for violations of the ethical standards of this division:
(1) Oral or written warnings or reprimands;
(2) Suspensions with or without pay for specified periods of time;
or
(3) Termination of employment.
(d) Nonemployees. The MayorAdministrator, upon recommendation and
approval by the Board of Commissioners, may impose one or more of
the following sanctions on a non-employee for violations of the
ethical standards:
(1) Written warnings or reprimands;
(2) Termination of contracts; or
(3) Debarment or suspension as provided in Article 8.
Sec. 1-10-31. Reporting of anti-competitive practices to state.
Under this article, collusion and other anti-competitive practices among
offerors are prohibited by countylocal, state and federal laws, and Augusta-
Richmond County, therefore, establishes the following:
(a) Certification of independent price determination. All offerors shall
identify a person having authority to sign for the offeror who shall
certify, in writing, as follows:
"I certify that this offer is made without prior understanding,
agreement, or connection with any corporation, firm, or person
submitting an offer for the same supplies, services, construction, or
professional or consultant services, and is in all respects fair and
without collusion or fraud. I understand collusive bidding is a
violation of countylocal, state and federal law and can result in fines,
prison sentences, and civil damages awards. I agree to abide by all
conditions of this solicitation and offer and certify that I am
authorized to sign for this offeror."
(b) Compliance with this subsection shall be considered met if the
certification of independent price determination, as provided in this
subsection, is set forth in an exhibit attached to the offer and
Attachment number 2Page 29 of 113
Draft procurement Code 4/12/10 version
Page 30 of 111
appropriate language incorporating the exhibit into the offer is set
forth therein.
(c) Reporting of anti-competitive practices. When for any reason
collusion or other anti-competitive practices are suspected among any
offerors, a notice of the relevant facts shall be transmitted to the State
Attorney General by the Augusta-Richmond General Counsel for
investigation.
ARTICLE 4
PRODUCT SPECIFICATIONS
Sec. 1-10-32. Purpose.
The purpose of a specification is to provide a description and statement of
the requirements of a product, components of a product, the capability or
performance of a product, and/or the service or work to be performed to
create a product.
Sec. 1-10-33. Types of specifications.
(a) Design. This specification describes and states the required functional,
physical and quality characteristics of a product, components of
products, or services.
(b) Performance. This specification describes and states the intended use,
operating conditions, specific features and characteristics, and
performance capability of the product. For construction or services, a
performance specification states the methods to be employee and/or
standards to be met, specific starting and completion schedule, and
frequency of the service to be performed to develop the final product.
(c) Design/performance. This specification is a combination of types (a)
and (b) described above. It is a complete description and statement of
the required physical makeup, functionality, intended use, operating
conditions, specific features and characteristics, and performance
Attachment number 2Page 30 of 113
Draft procurement Code 4/12/10 version
Page 31 of 111
capability of the product.
(d) Service availability. If availability of service is to be a criteria for
awarding a contract, the specifications shall clearly state that service
availability may be considered in determining the most responsive
bid, and the bidders shall be required to submit information
concerning their ability to service and maintain the product or
equipment.
(e) A specification should be complete in its statement requirements.
Other published specifications can be incorporated (e.g., Georgia
D.O.T. Specifications, Underwriters Laboratory, etc.); however,
original statements are preferable. A specification may also include
provisions for testing and inspecting where necessary.
Sec. 1-10-34. Maximum practicable competition.
All specifications shall be drafted so as to promote overall economy for the
purpose intended and encourage competition in satisfying Augusta-
Richmond County's needs, and shall not be unduly restrictive. The
procedures in this Section apply to all specifications including, but not
limited to, those prepared for Augusta-Richmond County by architects,
engineers, designers, draftsmen, and other consulting persons.
Sec. 1-10-35. Qualified products list.
(a) Augusta-Richmond County shall advertise at least once per fiscal year
for vendors to register with the pProcurement dDepartment the
products and services they wish to offer Augusta-Richmond County.
Augusta-Richmond County shall keep an index of these vendors by
name and the list shall be cross referenced for products and services.
The vendor's name shall be kept for two (2) years or permanently if
the vendor continues to offer bids. Records shall be kept as to the
number of times a vendor is contacted for informal quotes and other
bids. Upon the request of a vendor, the said vendor shall be added or
deleted from the list. The use of such a list is not intended to restrict
competition. Any vendor may submit, prior to product solicitation, a
commodity, product or service to the Procurement Director for review
and possible inclusion on the qualified products list.
Attachment number 2Page 31 of 113
Draft procurement Code 4/12/10 version
Page 32 of 111
(b) Vendors shall be removed from the vendor list for the reasons
established by the Procurement Director, including, but not limited to:
(1) Declining to offer bids for a two (2)- year period.
(2) Failing to satisfactorily meet terms, agreements, or contracts
made with the procurement department or the using agency.
(3) Being convicted of criminal offenses in obtaining contracts or
convicted of embezzlement, violation of state or federal anti-
trust statutes, or any other crime which indicates a lack of
business integrity or honesty.
(4) Violating contract provisions or failing to perform without good
cause or any other cause which the Procurement Director deems
to be so serious as to affect the responsiveness and
responsibility of a contractor, including the disbarment or VXVSHQVLRQIURPDYHQGRU¶VOLVWE\DQRWKHUJRYHUQPHQWDOHQWLW\
(5) Violating the standards as set forth in Article II hereof for
conflicts of interest.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-36. Background information on vendors.
The Department Head and/or the Administrator is directed to provide the bid
amount as submitted, information concerning the vendor's previous
performance, the service and quality of the products offered, the availability
of the goods and services when needed, adherence to delivery schedules, and
other criteria pertinent to that particular item, on vendors who have
submitted bids, proposals, or contracts for the Commission's consideration.
The information is to be included in the backup documents for the
Commission's consideration in awarding the contract.
Sec. 1-10-37. Product references in specifications.
(a) Use. Product references may be used in specifications, in conjunction
with other descriptive narrative, when:
Attachment number 2Page 32 of 113
Draft procurement Code 4/12/10 version
Page 33 of 111
(1) No other design or performance specification or qualified
products list is available;
(2) Time does not permit the preparation of another form of
purchase description;
(3) The nature of the product or the nature of Augusta-Richmond
County's requirements dictates the use of a brand name or equal
reference in the specification; or
(4) The use of a brand name or equal specification is in Augusta-
Richmond County's best interests.
(b) Designation of several products references. Product reference or
equal specifications shall seek to identify as many different product
references as are practicable, as or equal references and shall further
state that substantially equivalent products to those designated will be
considered for award, unless conditions warrant otherwise.
(1) Unless otherwise authorized by the Administrator, product
reference or equal specifications shall include a description of
the particular design, functional, or performance characteristics
which are required.
(2) Where a product reference or equal specification is used in a
solicitation, the solicitation shall contain explanatory language
that the use of the product reference is for the purpose of
describing the standard of quality, performance, and
characteristics desired and is not intended to limit or restrict
competition.
(c) In all cases where brand name items are requisitioned by any
department, the Procurement Director has the authority to determine
whether similar products of equal quality offered for sale to Augusta-
Richmond County at a lower price shall be ordered in lieu of the
requisitioned brand name items.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-38. Responsibility for specifications.
Attachment number 2Page 33 of 113
Draft procurement Code 4/12/10 version
Page 34 of 111
The using agency shall be responsibility for acquiring specifications data for
its procurements. Procurement personnel will assist with this task by
providing copies of previously used specifications, brochures, or other
reference materials. However, the Procurement office staff's primary
responsibility is to develop the data provided by the using agency head into
the proper format for the solicitation of bids, proposals, or quotations.
Specifications. All specifications shall be drafted so as to promote free and
open competition in satisfying the using ageQF\¶VQHHGVDQGVKDOOQRWEH
unduly restrictive.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-39. Inspection of purchases.
The procurement director, or his or her designee, in conjunction with the
using agency or department head shall inspect, or supervise the inspection
of, all deliveries of materials, supplies or contractual services to determine
their conformance with the specifications set forth in the pertinent purchase
order or contract. The pProcurement dDirector may require chemical and
physical tests of samples submitted with bids and samples of deliveries,
which examinations are necessary to determine quality of the samples and
conformance with specifications.
(Ord. No. 6939, § 16, 1-2-07).
ARTICLE 5
REQUIREMENTS FOR BIDDING OR PROPOSING ON AUGUSTA-
RICHMOND COUNTY CONTRACTS
Sec. 1-10-40. Responsibility of bidders and proposers.
(a) Determination of responsibility. The level of responsibility of the
bidder or proposer shall be ascertained for each contract awarded by
Augusta-Richmond County based upon full disclosure to the
Procurement Director concerning the person's capacity to meet the
terms of the contract and based upon the person's past record of
performance on similar contracts, the bidder's quality of work, general
reputation in the community, financial responsibility, and previous
Attachment number 2Page 34 of 113
Draft procurement Code 4/12/10 version
Page 35 of 111
employment or use by Augusta-Richmond County. If an offeror who
otherwise would have been awarded a contract is found non-
responsible, a written determination of non-responsibility, setting
forth the basis of the finding, shall be prepared by the Procurement
Director or the using agency and submitted to the Procurement
Director. The failure of an offeror to promptly supply information in
connection with an inquiry with respect to the level of responsibility
may be grounds for a determination of non-responsibility with respect
to such bidder or offeror or proposer. A copy of the determination
shall be sent promptly to the non-responsible offeror. The final
determination shall be made a part of Augusta-Richmond County's
contract file and be made a public record.
(b) Right of nondisclosure. Except as required by the Open Records Act,
information furnished by an offeror pursuant to this Section shall not
be disclosed outside of the Procurement Department, or using agency,
by Augusta-Richmond County staff without prior written consent by
the offeror.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-41. Cost or pricing data.
(a) Required submissions relating to the award of contract. A prospective
contractor shall submit cost or pricing data when the contract is
expected to exceed five thousand dollars ($5,000.00) and is to be
awarded by competitive sealed proposals (section 1-10-52;
Competitive Sealed Proposals), by sole source procurement authority
(section 1-10-56; Sole Source Procurement), or by competitive
selection procedures for professional and consultant services (section
1-10- 53).
(b) Exceptions. The submission of cost or pricing data relating to the
award of a contract is not required when:
(1) The contract price is based on adequate price competition;
(2) The contract price is based on established catalogue prices or
market prices;
Attachment number 2Page 35 of 113
Draft procurement Code 4/12/10 version
Page 36 of 111
(3) The contract price is set by law or regulation; or
(4) It is determined by the Procurement Director and approved by
the Augusta-Richmond County Administrator, in writing, that
the requirements of this Section may be waived, and the
determination states the reasons for such waiver.
(c) Required submissions relating to change orders or contract
modifications. A contractor shall submit cost or pricing data prior to
the approval of any change order or contract modification, including
adjustments to contracts awarded by competitive sealed bidding,
whether or not cost or pricing data was required in connection with
the initial pricing of the contract, whenever the change or
modification involves aggregate increases or aggregate decreases of
five percent (5%) or more of original bid or proposal price.
(d) Exceptions. The submission of cost or pricing data relating to the
pricing of a change order or contract modification is not required
when:
(1) Unrelated and separately priced adjustments for which cost or
pricing data would not be required are consolidated for
administrative convenience; or
(2) It is determined in a written report by the Procurement Director
and approved by the Augusta-Richmond County Administrator
that the requirements of subsection (c) hereof (Cost or Pricing
Data; Required Submissions Relating to Change Orders or
Contract Modifications) may be waived, and the determination
states the reasons for such waiver.
(e) Certification required. Any prospective or current contractor required
to submit cost or pricing data in accordance with this Section shall
certify that to the best of its knowledge and belief the cost or pricing
data submitted was accurate, complete, and current, as of a mutually
specified date prior to the award of the contract, or the pricing of the
change order for contract modification.
(f) Price adjustment provision required in contracts. Augusta-Richmond
County contracts shall include a provision stating that when detailed
Attachment number 2Page 36 of 113
Draft procurement Code 4/12/10 version
Page 37 of 111
pricing data has been requested by Augusta-Richmond County and
submitted by the offeror/contractor under the terms of the contract
which is later found to be in error, that the price of the products
charged to Augusta-Richmond County, including profit or fee, shall
be appropriately adjusted. Such prices shall be accurate, complete, and
current as of the date agreed upon between Augusta-Richmond
County and the contractor.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-42. Cost or price analysis.
A cost analysis or a price analysis, including life cycle costing as
appropriate, may be conducted prior to award of a contract. If this technique
is to be used, notice shall be provided the bidder/offeror in the bid
solicitation or request for proposals. A written record of such cost analysis or
price analysis shall be made a part of the contract file.
Sec. 1-10-43. Bid and performance bonds when required.
Bid and performance bonds or other security shall be requested for any
contract as the Procurement Director, using agency head, and/or
Administrator deem advisable to protect Augusta-Richmond County's
interest under circumstances specified herein. Any such bonding
requirements shall be set forth in the solicitation.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-44. Bid bonds.
(a) Requirements. Bid security shall be required, primarily for
construction contracts, when the value is estimated to exceed forty
thousand dollars ($40,000.00).
(b) Bid security shall be a bond provided by a surety company authorized
to do business in the State of Georgia or the equivalent in cashier's or
certified check (Checks shall be made payable to Augusta-Richmond
County), or such other security as approved by the Augusta-Richmond
General Counsel .
(c) Nothing herein prevents the requirements of such security on
Formatted: Font: Bold
Attachment number 2Page 37 of 113
Draft procurement Code 4/12/10 version
Page 38 of 111
construction and other purchases less than forty thousand dollars
($40,000.00) when the circumstances warrant such requirements as
determined by the Procurement Director and using agency head.
(b)(d) Amount. Bid security, when required, shall be in an amount equal to at
least ten (10 percent (10%) of the amount of bid or an amount certain
specified in the solicitation.
(c)(e) The bid security of the three (3) lowest bidders shall be held until
contract award. Securities posted by others will be returned shortly
after receipt of bids. Except for the three (3) lowest bidders,
unsuccessful bidders shall be entitled to the return of the bid security.
Upon failure of a successful bidder to enter into a contract within an
established time frame after Augusta-Richmond County tenders the
proposed contract, the bidder shall forfeit the bid security. Upon
approval of the contract by the Commission, the remaining bid
securities shall be returned.
(d)(f) Upon failure of an offeror to enter into a contract within ten (10) days
after the contract is tendered by Augusta-Richmond County, the
offeror's security is subject to forfeit.
(e)(g) Rejection of bids/noncompliance with bid bond requirement. When
the Invitation for Bids requires bid security, any bid submitted without
such security shall be rejected and returned to the bidder with a
written explanation of the action taken.
(f)(h) Withdrawal of bids. If a bidder is permitted to withdraw a bid before
award it is considered cause to forfeit bid security unless substantial
evidence is presented clearly evidencing the mistake and hardship that
would occur to the bidder.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-45. Payment and performance bonds.
(a) Requirement and amount. When a contract for construction services is
awarded in excess of forty thousand dollars ($40,000.00) the
following bonds shall be delivered to Augusta-Richmond County, and
shall become binding on the parties upon the execution of the
Formatted: Indent: Left: 0", Hanging: 0.5",
Numbered + Level: 1 + Numbering Style: a, b,
c, « + Start at: 4 + Alignment: Left + Aligned
at: 1.5" + Tab after: 1.75" + Indent at:
1.75", Tab stops: Not at 1"
Formatted: Indent: Left: 0", Hanging: 0.5",
Numbered + Level: 1 + Numbering Style: a, b,
c, « + Start at: 4 + Alignment: Left + Aligned
at: 1.5" + Tab after: 1.75" + Indent at:
1.75", Tab stops: Not at 1"
Formatted: Indent: Left: 0", Hanging: 0.5",
Numbered + Level: 1 + Numbering Style: a, b,
c, « + Start at: 4 + Alignment: Left + Aligned
at: 1.5" + Tab after: 1.75" + Indent at:
1.75", Tab stops: Not at 1"
Formatted: Indent: Left: 0", Hanging: 0.5",
Numbered + Level: 1 + Numbering Style: a, b,
c, « + Start at: 4 + Alignment: Left + Aligned
at: 1.5" + Tab after: 1.75" + Indent at:
1.75", Tab stops: Not at 1"
Formatted: Indent: Left: 0", Hanging: 0.5",
Numbered + Level: 1 + Numbering Style: a, b,
c, « + Start at: 4 + Alignment: Left + Aligned
at: 1.5" + Tab after: 1.75" + Indent at:
1.75", Tab stops: Not at 1"
Attachment number 2Page 38 of 113
Draft procurement Code 4/12/10 version
Page 39 of 111
contract:
(1) A performance bond in the amount of 100% of the price
specified in the contract executed by a surety company
authorized to do business in the State of Georgia, and in a form
and fashion satisfactory to Augusta-Richmond County,; and
(2) A payment bond in the amount of 100% of the price specified
in the contract executed by a surety company authorized to do
business in the State of Georgia and in a form and fashion
satisfactory to Augusta-Richmond County.
(b) Nothing in this chapter shall prohibit Augusta-Richmond County from
requiring other contractors or suppliers of professional services to
comply with one or both bonding requirements if so determined by
the Augusta-Richmond County Administrator, and/or using agency
head, to be necessary. The same reserved authority applied to
requiring other type bonds determined to be necessary and also
requiring bonds on purchases for goods and services of any dollar
amount less than forty thousand dollars ($40,000.00).
(c) Reduction of bond amounts. Prior to the taking of bids, the
Procurement Director and architect/engineer or project manager, upon
approval of the Administrator, may reduce the amount of performance
and payment bonds when a written determination is made that it is in
the best interest of Augusta-Richmond County to do so, provided
Georgia law does not mandate the amount of such bond.
(d) Authority to require additional bonds. Nothing in this Section shall be
construed to limit the authority of Augusta-Richmond County to
require other security in addition to those bonds if warranted by the
circumstances and other than specified in this Section.
Sec. 1-10-46. Insurance requirements.
Standard ranges and types of coverage shall be determined under the
direction of the Augusta-Richmond County Administrator and advice of the
Augusta-Richmond General Counsel, Risk Management, Finance Director,
Procurement Director and other appropriate staff. General requirements shall
be reviewed at least once annually. Insurance shall be required within
Attachment number 2Page 39 of 113
Draft procurement Code 4/12/10 version
Page 40 of 111
established ranges and for specific purposes for each solicitation and
contract, except where otherwise provided for in thise AUGUSTA, GA. CODE.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-47. Request for Qualifications; Pre-qualifications of
contractors.
(a) The Procurement Director, in consultation with the Administrator and
using agency head may determine that it shall be in the best interest of
Augusta-Richmond County to pre-qualify offerors for contracts of a
particular type. The imposed standards shall be met by any contractor
who wishes submit a bid or proposal for the subject project. The
contractor shall submit required data in order to obtain a fair and
impartial determination of whether the pre-qualification standards
have been met. When pre-qualification is required, only those
contractors who submit the required pre-qualification information and
who are actually pre-qualified to submit a bid or proposal for the
proposed solicitation.
(b) Public notice. Public notice of pre-qualification shall be given in the
same manner as provided in section 1-10-50 (c).
(c) Pre-qualification standards. The Procurement Director and affected
using agency heads shall review all information submitted by the
suppliers and, if necessary, require additional information. The
standards set for pre-qualification shall include but not be limited to
factors set forth in section 1-10- 50-Sealed Bids; Bid Acceptance and
Bid Evaluation or section 1-10-52-Sealed Proposals; Evaluation and
Selection. If the Procurement Director and Administrator determine
that the contractor meets all standards, then the contractor shall be so
pre-qualified. The contractor shall be notified in writing.
(d) Failure to pre-qualify. Should a contractor not be pre-qualified,
appropriate written notice shall be sent and the contractor may appeal
such determination as provided in Article 9.
(e) In no instance shall a contract be awarded from the solicitation of
request for qualifications.
Formatted: Small caps
Attachment number 2Page 40 of 113
Draft procurement Code 4/12/10 version
Page 41 of 111
ARTICLE 6
PROCUREMENT SOURCE SELECTION METHODS AND
CONTRACT AWARDS
Sec. 1-10-48. Generally.
The following sections provide detailed information concerning the use of
the seven (7) source selection methods available for use for the procurement
of commodities, services and construction products for Augusta-Richmond
County. The seven methods are: (1) sealed bids, (2) sealed proposals, (3)
special services, (4) quotations or informal bids, (5) sole source, (6)
emergency procurement and (7) annual contracts.
Sec. 1-10-49. Purchase order.
No officer or employee of Augusta-Richmond County shall request a vendor
to deliver goods, merchandise, materials or supplies to Augusta-Richmond
County except upon a regular purchase order issued by the procurement
agent; however, the provisions of this subsection shall not apply to
emergency purchases provided for in this section.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-50. Sealed bids selection method.
(a) Conditions for use. All contracts of Augusta-Richmond County shall
be awarded by competitive sealed bidding except as otherwise
provided elsewhere in this article (see section 1-10-52-Sealed
Proposals; 1-10-53-Professional Services; 1-10-54-Quotations; 1-10-
56-Sole Source Procurement; and 1-10-57-Emergency Procurements,
of this chapter).
(b) 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
Formatted: Font: Bold
Attachment number 2Page 41 of 113
Draft procurement Code 4/12/10 version
Page 42 of 111
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-
Richmond County Commission for approval by the Augusta-
Richmond County Commission.
(c) Public notice and bidder's list. Adequate public notice of the
invitation for bids shall be given in reasonable time, not less than ten
(10) working days prior to the date set forth therein for the receipt of
bids.
(1) Public works type contracts (defined per Georgia State Law,
Code Section 36, Chapter 10, as contracts necessary to build or
repair any courthouse, jail, bridge, causeway, or other public
works) with values that equal or exceed forty thousand dollars
($40,000.00), shall be advertised at least once weekly for at
least four (4) weeks prior to opening of bids.
(2) Public notice shall include publication for three (3) days within
a ten (10) day period in the legal gazette and in local minority
owned or newspapers. The public notice minimally shall state
the place, date, and time of pre-bid conference and/or bid
opening, where specification documents may be obtained, and a
brief description of the purchase or sale.
(3) The Procurement Director shall also directly solicit sealed bids
from all responsible prospective suppliers whose names appear
on the Augusta-Richmond County Bidders' List which the
Procurement Director shall maintain.
(d) Pre-bid conference and addendum. A conference to be conducted by
the Procurement Director and using agency head, if appropriate,
hearing will be scheduled at least five (5) working days before receipt
of bids. While the pre-bid conference is not a requirement, it is
strongly recommended and widely used to further acquaint interested
bidders with the bid requirements and items to be purchased and
vendor input. Any substantive changes to specifications resulting from
the pre-bid conference or other vendor/contractor sessions shall be
documented in an addendum and communicated to all bidders
Attachment number 2Page 42 of 113
Draft procurement Code 4/12/10 version
Page 43 of 111
registered for the procurement action.
(e) Bid opening. Sealed Bids shall be opened publicly in the presence of
one or more witnesses at the time and place designated in the public
notice and invitation for bids. The amount of each bid, and such other
relevant information as the Procurement Director deems appropriate,
together with the name of each bidder shall be recorded; the record
and each bid shall be open to public inspection in accordance with
Section 1-10-5 (Public Access to Procurement Information).
(f) Bid acceptance and bid evaluation. Provided that the bids are
delivered to the Procurement Director at the time, place, and under the
conditions contained in the Invitation for Bids, the bids shall be
conditionally accepted without alteration or correction pending
evaluation.
(g) Bids shall be evaluated based on the requirements set forth in the
invitation for bids, which may include bidder responsibility and
responsiveness, capability and past performance, and criteria to
determine acceptability such as inspection, testing, quality
workmanship, delivery, and suitability for a particular purpose. Those
criteria that will affect the bid price and be considered in evaluation
for award shall be objective and clearly measurable, including but not
limited to discounts, transportation costs, and total or life cycle costs.
(gh) Correction or withdrawal of bids. Correction or withdrawal of
inadvertently erroneous bids before or after bid opening may be
permitted under the circumstances described below:
(1) Mistakes discovered before bid opening may be modified or
withdrawn by written or telegraphic notice received in the
office designated in the invitation for bids prior to the time set
for bid opening.
(2) The bidder may withdraw the bid, prior to bid opening, without
revealing the amount of the bid, by submitting a new sealed bid
and providing written notice of such withdrawal.
(3) After the bid opening, corrections to bids shall be permitted
only as to bid price and only to the extent that the bidder can
Attachment number 2Page 43 of 113
Draft procurement Code 4/12/10 version
Page 44 of 111
show by clear and convincing evidence that a mistake of a non-
judgmental character was made, the nature of the mistake, and
the bid price actually intended. Otherwise, no changes in bid
prices or other provisions of bids prejudicial to the interest of
Augusta-Richmond County or fair competition shall be
permitted.
(4) In lieu of bid correction, a low bidder alleging a material
mistake of fact may be permitted to withdraw its bid if:
(i) Such error in the calculation of the bid can be
documented by clear and convincing written evidence;
(ii) Such error can be clearly shown by objective evidence
drawn from inspection of the original work papers,
documents, or materials used in the preparation of the bid
sought to be withdrawn;
(iii ) The bidder serves written notice upon the Procurement
Director either prior to the award of the contract and or
not later than forty-eight (48) hours after the opening of
bids, excluding Saturdays, Sundays and legal holidays;
(iv) The bid was submitted in good faith and the mistake was
due to a calculation or clerical error, an inadvertent
omission or typographical error as opposed to an error in
judgment; and
(v) The withdrawal of the bid will not result in undue
prejudice to Augusta-Richmond County or other bidders
by placing them in a materially worse position than they
would have occupied if the bid had never been submitted.
(5) In the event that an apparent successful bidder has withdrawn
his or her bid as provided in subsection (3) of this Code section,
action on the remaining bids should be considered as though the
withdrawn bid had not been received. In the event the project is
re-let for bids, under no circumstances shall a bidder who has
filed a request to withdraw a bid be permitted to resubmit a bid
for the work.
Attachment number 2Page 44 of 113
Draft procurement Code 4/12/10 version
Page 45 of 111
(6) No bidder who is permitted to withdraw a bid pursuant to
subsection (3) of this Code section shall for compensation
supply any material or labor to, or perform any subcontract or
other work agreement for, the person or firm to whom the
contract is awarded or otherwise benefit, directly or indirectly,
from the performance of the project for which the withdrawn
bid was submitted. (O.C.G.A. § 13-10-22).
(7) All decisions to permit the correction or withdrawal of bids, or
to cancel awards or contracts based on bid mistakes, shall be
supported in a written report made by the Procurement Director.
(8) Withdrawal after receipt of bids is cause to forfeit bid security
unless substantial evidence was presented clearly evidencing
the mistake and hardship that would occur to either Augusta-
Richmond County or the bidder in the event of award.
(h) Tie bids. In the event two or more bidders are tied in price while
otherwise meeting all of the required conditions, the bid shall be
awarded to the business which is located within Augusta-Richmond
County, or if not within the above, within the State of Georgia. Where
no bidder is located in Augusta-Richmond County or in the State of
Georgia, this method does not result in the awarding of a bid, the
Procurement Director shall call a public forum, cause each bidder or
stand-in to write the name of the bidder on paper and placed in a
container, the winner to be determined by drawing lots.
(i) Letting the contract. The contract shall be awarded or let in
accordance with procedures set forth herein. Award shall occur with
reasonable promptness by appropriate written notice to the lowest
responsible and responsive bidder whose bid meets the requirements
and criteria set forth in the invitation for bids.
(j)
In addition to price and other material factors, the Procurement Director, in
consultation with the using agency, shall consider the following in the
context of award recommendations:
(1) The ability, capacity, and skill of the bidder to perform the
Formatted: Indent: Hanging: 0.5"
Attachment number 2Page 45 of 113
Draft procurement Code 4/12/10 version
Page 46 of 111
contract or provide the services required,
(2) The capability of the bidder to perform the contract or provide
the service promptly or within the time specified, without delay
or interference,
(3) The character, integrity, reputation, judgment, experience, and
efficiency of the bidder,
(4) The quality of performance on previous contracts,
(5) The previous and existing compliance by the bidder with laws
and ordinances relating to the contract or services,
(6) The sufficiency of the financial resources of the bidder relating
to his ability to perform the contract,
(7) The quality, availability, and adaptability of the supplies or
services to the particular use required, and
(8) The number and scope of conditions attached to the bid by the
bidder.
(jk) Award to other than low bidder. When the award is not given to the
lowest most responsive and responsible bidder, a full and complete
statement of the reasons for awarding the purchase order or other
contract shall be prepared and signed by the Procurement Director
and/or Administrator and made part of the record file.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-51. Request for proposals.
Request for proposals shall be handled in the same manner as the bid process
as described above for solicitation and awarding of contracts for goods or
services with the following exceptions:
(a) Only the names of the vendors making offers shall be disclosed at the
proposal opening.
(b) Content of the proposals submitted by competing persons shall not be
Attachment number 2Page 46 of 113
Draft procurement Code 4/12/10 version
Page 47 of 111
disclosed during the process of the negotiations.
(c) Proposals shall be open for public inspection only after the award is
made.
(d) Proprietary or confidential information, marked as such in each
proposal, shall not be disclosed without the written consent of the
offeror.
(e) Discussions may be conducted with responsible persons submitting a
proposal determined to have a reasonable chance of being selected for
the award. These discussions may be held for the purpose of
clarification to assure a full understanding of the solicitation
requirement and responsiveness thereto.
(f) Revisions may be permitted after submissions and prior to award for
the purpose of obtaining the best and final offers.
(g) In conducting discussions with the persons submitting the proposals,
there shall be no disclosure of any information derived from the other
persons submitting proposals.
Sec. 1-10-52. Sealed proposals.
(a) Conditions for use. The competitive sealed proposals method may be
utilized when the Augusta-Richmond County Administrator approves
the written justification of the Procurement Director or using agency
head that the sealed bid method is not in the best interest of Augusta-
Richmond County. Generally, this method may be used when
competitive sealed bidding (involving the preparation of detailed and
specific specifications) is either not practicable or not advantageous to
Augusta-Richmond County.
(b) Request for proposals. Competitive sealed proposals shall be solicited
through a request for proposals (RFP).
(c) Public notice. Adequate public notice of the request for proposals
shall be given in the same manner as provided in section 1-10-
50(c)(Public Notice and Bidder's List); provided the normal period of
time between notice and receipt of proposals minimally shall be
Attachment number 2Page 47 of 113
Draft procurement Code 4/12/10 version
Page 48 of 111
fifteen (15) calendar days.
(d) Pre-proposal conference. A pre-proposal conference may be
scheduled at least five (5) days prior to the date set for receipt of
proposals, and notice shall be handled in a manner similar to section
1-10-50(c)-Public Notice and Bidder's List. No information provided
at such pre-proposal conference shall be binding upon Augusta-
Richmond County unless provided in writing to all offerors.
(e) Receipt of proposals. Proposals will be received at the time and place
designated in the request for proposals, complete with bidder
qualification and technical information. No late proposals shall be
accepted. Price information shall be separated from the proposal in a
sealed envelope and opened only after the proposals have been
reviewed and ranked.
The names of the offerors will be identified at the proposal
acceptance; however, no proposal will be handled so as to permit
disclosure of the detailed contents of the response until after award of
contract. A record of all responses shall be prepared and maintained
for the files and audit purposes.
(f) Public inspection. The responses will be open for public inspection
only after contract award. Proprietary or confidential information
marked as such in each proposal will not be disclosed without written
consent of the offeror.
(g) Evaluation and selection. The request for proposals shallould state the
relative importance of price and other evaluation factors that will be
used in the context of proposal evaluation and contract award.
(Pricing proposals will not be opened until the proposals have been
reviewed and ranked). Such evaluation factors may include, but not
be limited to:
(1) The ability, capacity, and skill of the offeror to perform the
contract or provide the services required;
(2) The capability of the offeror to perform the contract or provide
the service promptly or within the time specified, without delay
or interference;
Attachment number 2Page 48 of 113
Draft procurement Code 4/12/10 version
Page 49 of 111
(3) The character, integrity, reputation, judgment, experience, and
efficiency of the offeror;
(4) The quality of performance on previous contracts;
(5) The previous and existing compliance by the offeror with laws
and ordinances relating to the contract or services;
(6) The sufficiency of the financial resources of the offeror relating
to his ability to perform the contract;
(7) The quality, availability, and adaptability of the supplies or
services to the particular use required; and
(8) Price.
(h) Selection committee. A selection committee, minimally consisting of
representatives of the procurement office, the using agency, and the
Administrator's office or his designee shall convene for the purpose of
evaluating the proposals.
(i) Preliminary negotiations. Discussions with the offerors and technical
revisions to the proposals may occur. Discussions may be conducted
with the responsible offerors who submit proposals for the purpose of
clarification and to assure full understanding of, and conformance to,
the solicitation requirements. Offerors shall be accorded fair and equal
treatment with respect to any opportunity for discussions and revision
of proposals and such revisions may be permitted after submission
and prior to award for the purpose of obtaining best and final offers.
In conducting discussions, there shall be no disclosure of information
derived from proposals submitted by competing offerors.
(j) From the date proposals are received by the Procurement Director
through the date of contract award, no offeror shall make any
substitutions, deletions, additions or other changes in the FRQILJXUDWLRQRUVWUXFWXUHRIWKHRIIHURU¶VWHDPVRUPHPEHUVRIWKH
RIIHURU¶VWHDP
(k) Final negotiations and letting the contract. The Committee shall rank
Attachment number 2Page 49 of 113
Draft procurement Code 4/12/10 version
Page 50 of 111
the technical proposals, open and consider the pricing proposals
submitted by each offeror. Award shall be made or recommended for
award through the Augusta-Richmond County Administrator, to the
most responsible and responsive offeror whose proposal is determined
to be the most advantageous to Augusta-Richmond County, taking
into consideration price and the evaluation factors set forth in the
request for proposals. No other factors or criteria shall be used in the
evaluation. The contract file shall contain a written report of the basis
on which the award is made/recommended. The contract shall be
awarded or let in accordance with the procedures set forth in this
Section and Article 10, section 1-10- the other applicable sections of
this chapter.
(Ord. No. 6939, § 16, 1-2-07).
1-10-53. Competitive selection procedures for professional and
consultant services.
As used in this section professional and consultant services, such as those
provided by architects, engineers, attorneys, investment banking,
professional engineering, planning, landscape architects, land surveying, the
medical arts, management and analysis, accounting or auditing, psychology
or any other similar kind or type of professional practice which are normally
obtained on a fee basis.
(a) Conditions for use. The Procurement Director, upon the request or
recommendation of the using agency, shall procure professional and
consultant services, in accordance with this section.
(b) Statement of qualifications. The Procurement Director shall request
and maintain statements of interest from persons interested in
providing professional and consultant services that shall include a
statement of qualifications and performance data for such persons.
Each using agency shall encourage professional and consultant firms,
which desire to provide services to the agency, to submit statements of
qualifications to Procurement Director. Procurement Director may
specify a uniform format for statements of qualifications. Persons may
amend these statements at any time by filing a new statement. Any
person placed on the qualifications list shall be removed if found in
violation of any provision of this article or if such person is found in
default under any contract with Augusta-Richmond County.
Attachment number 2Page 50 of 113
Draft procurement Code 4/12/10 version
Page 51 of 111
(c) Public notice. When requested by the using agency, Procurement
Director shall issue public notice for requests for proposals from
professional and consultant offerors as provided in 1-10-50 (c).
(d) Selection. Procurement Director, in consultation and upon the
recommendation of the head of the using agency, shall select from
among the offerors no less than three (3) offerors (the "short-listed
offerors") deemed to be the most responsible and responsive;
provided, however, that if three (3) or less offerors respond to the
solicitation, this requirement will not apply. The selection of the short-
listed offerors shall be made in order of preference. From the date
proposals are received by Procurement Director through the date the
contract is awarded, no offeror may make substitutions, deletions,
additions or other changes in the configuration or structure of the
offeror's teams or members of offeror's teams prior to award. The
selection criteria shall include, but not be limited to, those contained
in subsection 1-10- 52 (g) and the following:
(1) Previous experience demonstrating competence to perform
work or services involved in the solicitation;
(2) Past performance of previous contracts with respect to time of
completion and quality of work;
(3) The fee or compensation demanded for the services;
(4) The ability to comply with applicable laws;
(5) The ability to comply with the schedule of the commencement
and completion of the services, as required by Augusta-
Richmond County;
(6) The financial ability to furnish the necessary bonds to the extent
necessary;
(7) The financial condition of the offeror; and
(8) The ability to provide staffing of management personnel,
satisfactory to Augusta-Richmond County.
(e) Negotiations and award. Procurement Director shall negotiate a
contract with the most responsible and responsive short-listed offeror
at compensation that Procurement Director determines in writing to be
fair and reasonable to Augusta-Richmond County. In making this
decision, Procurement Director shall take into account the estimated
value, the scope, the complexity and the professional nature of the
services to be rendered. Should Procurement Director be unable to
Attachment number 2Page 51 of 113
Draft procurement Code 4/12/10 version
Page 52 of 111
negotiate a satisfactory contract with the offeror considered to be the
most responsible and responsive at a price for Procurement Director
determines to be fair and reasonable to Augusta-Richmond County;
negotiations with that offeror shall be terminated. Procurement
Director shall then undertake negotiations with the second most
responsible and responsive short-listed offeror. If negotiations with
the second most responsible and responsive short-listed offeror are
unsuccessful, negotiations shall be terminated and Procurement
Director shall then undertake negotiations with the third most
responsible and responsive short-listed offeror. Should Procurement
Director be unable to negotiate a contract with any of the short-listed
offerors, Procurement Director and the using agency may select from
the additional offerors that were not short-listed in order of their
responsibility and responsiveness and Procurement Director may
continue negotiations in accordance with this section until an
agreement is reached.
Sec. 1-10-54. Quotations or informal bids selection method (Standard
and small purchases).
(a) Conditions for use. Any standard or small purchase contract or
purchase order for supplies, services, and construction not exceeding
ten thousand dollars ($10,000.00) in total value may be made in
accordance with the purchase procedures authorized in this Section
and other applicable provisions of this Article. Contract requirements
shall not be artificially divided so as to constitute a small purchase
under this Section.
(b) Request for quotations and specifications. Requests for quotations
may be issued in writing or by telephone for purchases less than ten
thousand dollars ($10,000.00). In either case, specifications shall be
prepared describing the item or service in a form suitable for an
appropriate vendor response.
(1) Informal oral bid quotations. Quotes from a minimum of three
(3) sources shall be obtained. Maximum purchase under this
system is to be five thousand dollars ($5,000.00), including
sales tax. Vendor quotes are to be noted on the requisition for
retention. The procurement requirement shall not be artificially
Attachment number 2Page 52 of 113
Draft procurement Code 4/12/10 version
Page 53 of 111
divided so as to constitute a purchase to be made by this
method.
(2) Informal written bid quotations. Solicitation for written bid
quotes shall be obtained from three (3) sources, if available,
from the vendor list. The maximum purchase under this system
is to be five thousand dollars ($5,000.00), including sales tax.
(3) Selection is to be made from the list in the following manner:
(i) Low bidder on last quote;
(ii) Next vendor on list;
(iii) Repeat procedure until all vendors have been asked to
quote;
(iv) Begin new rotation of vendors by using the last low
bidder on quote.
(c) Public notice. Notice in the form of advertisements is not required.
However, no less than three (3) vendors/contractors shall be directly
solicited, if available, to submit quotations.
(d) Receipt of quotations. Quotations shall be scheduled for receipt at a
date, time and place certain. The amount of each quote and such other
relevant information as the Procurement Director deems appropriate,
together with the name of each offeror shall be recorded. The record
of each quote shall be open to public inspection in accordance with
section 1-10-5 (Public Access to Procurement Information).
(e) Evaluation. Quotations shall be evaluated based on the requirements
set forth in the request for quotations, which may include bidder
responsiveness, capability and past performance, and criteria to
determine acceptability such as inspection, testing, quality,
workmanship, delivery, and suitability for a particular purpose. Those
criteria that will affect the quoted price and be considered in
evaluation forward shall be objective and clearly measurable,
including but not limited to discounts, transportation costs, and total
or life cycle costs. No criteria may be used in the evaluation processes
Attachment number 2Page 53 of 113
Draft procurement Code 4/12/10 version
Page 54 of 111
that are not set forth in the request for quotations or other notice.
(f) Correction or withdrawal of quotes. Correction or withdrawal of
inadvertently erroneous quotes before or after the evaluation of the
quotes may be permitted under the circumstances described in section
1-10-50(g) (Correction or Withdrawal of Bids).
(g) Tie quotes. Shall be handled in the manner described in section 1-10-
50 (h) (Tie Bids).
(h) Award. Award shall be made to the most responsible and responsive
bidder offering the lowest acceptable quotation. The names of the
person submitting quotations and the date and amount of each
quotation shall be recorded and maintained as a public record. Written
quotations are advisable but not expressly required.
(i) Agency purchases under five hundred dollars ($500.00)/authority of
using agency. Procurement of an item or article which does not
exceed five hundred dollars ($500.00), including any sales tax, shall
be exempt from the bid process except that, where applicable, contract
vendors shall be used unless substitution is approved in writing and in
advance by the Procurement Director. Further, the procurement
requirements shall not be artificially divided so as to constitute a small
purchase. A reasonable effort shall be made to negotiate price
agreements that will cover much of the small purchase volume.
For purchases of five hundred dollars ($500.00) or less in value the
using agency head may issue a Purchase Order to acquire commodity
and service products. The using agency shall obtain adequate and
reasonable competition for the supply, service, or construction being
purchased. Further, the using agency head shall require the
preparation and maintenance of written records adequate to document
the competition obtained, properly account for the funds expended,
and facilitate an audit of the small purchase made. Small purchases
under five hundred dollars ($500.00) may be made by the elected
official or using agency head of all using agencies as follows:
(1) Where the purchase does not exceed five hundred dollars
($500.00) and a Using Agency Purchase Order is prepared and
presented to the vendor.
Attachment number 2Page 54 of 113
Draft procurement Code 4/12/10 version
Page 55 of 111
(2) A copy of the purchase order shall be forwarded to Finance and
Procurement notifying the Director of Finance and Procurement
of the purchase and requesting payment to be made from funds
previously allocated to such using agency.
(j) Limitations on small purchases made by using agencies. When small
purchases are made by the using agency head pursuant to Subsection
(i), the following requirements shall be met:
(1) Such purchases are limited to goods and minor services where
no contract exists or goods are not stocked by Augusta-
Richmond County. No equipment and furniture purchases are
authorized under subsection (i);
(2) The Using Agency Purchase Orders and original invoices shall
be prepared and signed by an authorized party at the using
agency level and forwarded to Finance for further processing;
(3) Purchases shall not be divided artificially to constitute a small
purchase; and
(4) Using agencies are responsible for checking the availability of
funds prior to making any small purchase.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-55. Banking services.
(a) Vendor and payroll accounts. Requests for Proposals shall be solicited
as provided in section 1-10-52 of this chapter for each of these
accounts.
(b) Accounts other than vendor and payroll accounts.
(1) Requests for Proposals shall be solicited as provided in section
1-10-52 of this chapter for each such account.
(2) As provided in section 1-10-6, local banks shall be contacted
first. For purposes of this section, local banks shall be defined
as those banking institutions with a full service banking
location in Augusta-Richmond County.
Attachment number 2Page 55 of 113
Draft procurement Code 4/12/10 version
Page 56 of 111
Sec. 1-10-56. Sole source procurement.
(a) Notwithstanding other provisions in this Article, whenever it shall be
made to appear that by reason of design, capacity, compatibility with
other equipment or with machinery, purpose, function or other
characteristics an item of procurement required by Augusta-Richmond
County or one of its departments is obtainable only from one source,
the item may be procured by the Procurement Department through
negotiation from the source from which it is available without the
necessity of bids or proposals.
(b) Before any item may be obtained under the provisions of this section,
however, the requisitioning agency must accompany its requisition for
the order with a statement specifying in reasonable detail the reasons
why the item should be procured by sole source. This specification of
reasons shall be in writing and shall be attached to the requisition at
the time it is transmitted to the procurement officer and shall
demonstrate due diligence in determining if other sources exist. The
due diligence review shall include the research of available sources,
contact with professional and trade associations related to the supply,
service or construction item or professional or consultant service.
There shall also be a written determination which states the sources
reviewed, the name of the contractor and the terms of the agreement
reached including terms and prices.
(c) If the Augusta-Richmond County Administrator, upon considering the
requisition and the substantiation therefore, determines that the item
should be purchased by sole source procurement and the cost thereof
does not exceed ten thousand dollars ($10,000.00), the Administrator
may approve such procurement. If the item exceeds ten thousand
dollars ($10,000.00) in cost, and the Administrator determines that
sole source procurement is appropriate, the requisition shall be
referred to the Commission for action.
(d) The Procurement Director shall conduct the negotiations as to the
terms of the sole source.
(e) The Procurement Director shall draft a letter of justification for the
sole source and place in the contract file.
Attachment number 2Page 56 of 113
Draft procurement Code 4/12/10 version
Page 57 of 111
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-57. Emergency procurement selection method.
Notwithstanding any other provisions of this chapter, the Procurement
Director, Augusta-Richmond County Administrator or constitutional officer
may make or authorize others to make emergency procurement of
equipment, supplies, services, general construction, or public works type
construction services when there exists a threat to public health, welfare, or
safety, or where daily operations are affected; provided that such emergency
procurement shall be made with such competition as is practicable under the
circumstances. As soon as practicable, a record of each emergency
procurement shall be made and shall set forth the contractor's name, the
amount and type of the contract, a listing of the item(s) procured under the
contract, and the identification number of the contract file. A written report
explaining the determination of the basis for the emergency and for the
selection of the particular contractor shall be included in the contract file,
and a copy of same provided the Augusta-Richmond County Commission at
their next regular meeting in the case of public works contracts as defined by
Georgia State Law or other Augusta-Richmond County purchases when the
value of the purchase exceeds ten thousand dollars ($10,000.00).
In the event an emergency should arise after office hours or on holidays or
weekends which requires immediate action on the part of the using agency
involved and where it is not possible or convenient to reach the Procurement
Director, constitutional officer, or Administrator, the using agency head is
authorized to make purchases. Such purchases shall be well documented,
packaged for payment, and forwarded to the Procurement Director within
twenty-four (24) hours, if possible, after occurrence.
In the event the Board of Commissioners of Richmond County determines at
an open meeting of which minutes are recorded, that an emergency exists,
and there is an immediate need for goods, materials or supplies to relieve
said emergency, the Board of Commissioners shall be allowed to approve
purchases without bids in the event the Board has determined an emergency
exists, but all such declarations of emergency shall be in strict accordance
with applicable State law defining `emergency'." (1975 Ga. Laws p. 4334 as
amended). (Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-58. Annual Contracts.
Attachment number 2Page 57 of 113
Draft procurement Code 4/12/10 version
Page 58 of 111
Upon approval of an annual contract by the Augusta Richmond Board of
Commissioners for supplies and services to a particular vendor or vendors,
any using agency may order supplies or services under such annual contract
pursuant to an individual project or purchase order.
Sec. 1-10-59. Specific requirements/options for source selection method.
Encumbrance of funds. The Procurement Director shall not execute any
contracts or purchase orders, except in the case of certain emergency
purchases, until the Finance Department staff certifies, after pre-audit, that
there is to the credit of the using agency concerned a sufficient
unencumbered appropriation balance, in excess of all unpaid obligations, to
defray the amount of the purchase.
Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re-
advertisement.
(a) Conditions for use. An invitation for bids/quotes, a request for
proposals, or other solicitation may be canceled, or any or all bids
may be rejected in whole or in part as may be specified in the
solicitation, when it is for good cause and in the best interest of
Augusta-Richmond County. The reasons thereof shall be made part of
the contract file. Each solicitation issued by Augusta-Richmond
County shall state that the solicitation may be canceled and that any
bid or proposal may be rejected in whole or in part for good cause
when in the best interest of Augusta-Richmond County. Notice of
cancellation shall be sent to all businesses solicited. The notice shall
identify the solicitation, explain the reason for cancellation and, where
appropriate, explain that an opportunity will be given to compete on
any re-solicitation or any future procurement of similar items.
(b) Authority to reject/cancel. If the value of the bid is $10,000 or greater,
tThe Augusta-Richmond County Commission has Augusta-Richmond
County Commission shall have the authority to reject/cancel any and
all bids. If the bid/quote is less than $10,000, the Administrator shall
have the authority to reject/cancel any and all bids, quotes and
proposals. The Administrator shall also have the authority to
reject/cancel any and all bids, quotes and proposals but may only do
Attachment number 2Page 58 of 113
Draft procurement Code 4/12/10 version
Page 59 of 111
so with the authorization of the director of the effected user
department..
(c) Negotiating. If the low responsive and responsible bid for the project
exceeds available funds as certified by the Finance Department staff,
and such bid does not exceed such funds by more than twenty percent
(20%), the Augusta-Richmond County Administrator and the
Procurement Director are authorized, when time permits, or economic
considerations preclude further re-solicitation of work of a reduced
scope, to negotiate an adjustment of the bid price with the low
responsive bidder, in order to bring the bid within the amount of
available funds. Any such negotiated adjustment shall be based only
upon eliminating independent deductive items specified in the
invitation for bids.
(d) Re-advertisement. In the event that the negotiating process set forth in
subparagraph (c), above, is unsuccessful, the Procurement Director
may, in the alternative, re-advertise for the purpose of receiving a new
set of bids. Therefore, if the lowest and best bid exceeds the budgeted
amount and the Augusta-Richmond County Commission does not
appropriate additional funds, the Procurement Director may
readvertise for bids after making sufficient changes in the
specifications to bring the project within budget.
Sec. 1-10-61. Multi-term contract.
(a) Maximum period. A contract for services or supplies may be entered
into for a period up to five (5) years, provided that the term of the
contract and the conditions for renewal or extension, if any, is
included in the solicitation and funds are available for the balance of
the then current fiscal year. Payment and performance obligations for
succeeding fiscal periods shall be subject to the availability and
appropriation of funds. All multi-year contracts shall contain a clause
which terminates the contract at the beginning of a fiscal year when
funds are not appropriated by the Commission for continuation of the
contract for that fiscal year.
(b) Determination prior to use. Prior to the utilization of a multi-term
contract, it shall be determined in writing:
Attachment number 2Page 59 of 113
Draft procurement Code 4/12/10 version
Page 60 of 111
(1) that estimated requirements cover the period of the contract and
are reasonably firm and continuing; and
(2) that such a contract will serve the best interest of Augusta-
Richmond County by encouraging effective competition or
otherwise promoting economies in procurement.
(c) Cancellation due to unavailability of funds in succeeding fiscal
periods. All multi-term contracts shall include provisions providing
that when funds are not appropriated or otherwise made available to
support continuation of performance in a subsequent fiscal period, the
contract shall be canceled with appropriate notice.
(d) Renewal of contract. At least ninety (90) days prior to the expiration
of any term of a multi-term contract, the using agency shall submit to
the Augusta-Richmond County Administrator, a report of the
performance of the contract and the agency's recommendation as to
the renewal of the contract. The Administrator, after consultation with
the using agency and review of the report, and upon appropriate
approval, shall renew the contract if renewal is in the best interest of
Augusta-Richmond County. All other requirements of this Section
must be met in order to consummate a renewal.
(e) Expiration and extension. Contracts being considered for renewal or
re-bid may be extended by the Administrator for a period of time not
exceeding ninety (90) days. Any extensions are subject to the
availability of funds and mutual agreement of the vendor/contractor
and Augusta-Richmond County.
Sec. 1-10-62. Right to inspect facilities.
Official representatives of Augusta-Richmond County shall have the right to
inspect facilities of a vendor at any reasonable time which is related to the
performance of any contract award, bid on or to be awarded by Augusta-
Richmond County.
Sec. 1-10-63. Right to audit records and contracts.
(a) Official representatives of Augusta-Richmond County may, at
reasonable times and upon reasonable written notice to vendor,
Attachment number 2Page 60 of 113
Draft procurement Code 4/12/10 version
Page 61 of 111
inspect the official records of the person or firm pertaining to a
contract, change order, or purchase order with Augusta-Richmond
County when such inspection is required by law, or is authorized by
the Administrator in writing as being in the public interest.
(b) Contract audit. Augusta-Richmond County shall be entitled to audit
the books and records of a contractor or subcontractor under any
negotiated contract or subcontract, other than a firm fixed-price
contract to the extent that such books, documents, papers and records
relate to the performance of such contract or subcontract. Such books
and records shall be maintained by the contractor for a period of three
years from the date of final payment under the prime contract and by
the subcontractor for a period of three years from the date of final
payment under the subcontract, unless a shorter period is authorized in
writing.
Sec. 1-10-64. Rebidding or cancellation of existing contract.
In the event a vendor is unwilling or unable to perform a contract or the
vendor gives written notice of cancellation of an existing contract, the
Procurement Director may immediately pursue a replacement of said
contract either by formal or informal bid procedure as is appropriate, with
the approval of the Augusta-Richmond County Administrator. The
Procurement Director may accept a next lowest bidder. The options selected
shall be the most advantageous to Augusta-Richmond County.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-65. Multiple awards; limitations on multiple awards.
(a) Multiple awards. Unless otherwise provided in this section, or unless
otherwise provided by law, two or more offerors may be awarded
separate county contracts, at the discretion of the Administrator, on
the basis of one solicitation for the same or similar work, supplies or
services if Augusta-Richmond County reserves the right to do so in
the solicitation. Multiple contracts may be awarded, in the discretion
of the Administrator for the procurement of annual contracts for
supplies, annual contracts for construction and annual contracts for
services. The solicitation shall also include a statement that Augusta-
Richmond County may, in its discretion, elect to award only one
contract if the procurement director, after consultation with the head
Attachment number 2Page 61 of 113
Draft procurement Code 4/12/10 version
Page 62 of 111
of the using agency, determines in writing that one contract is
sufficient for the needs anticipated by Augusta-Richmond County at
the level of quality desired. Awards shall be made in accordance with
the provisions of this article. Notwithstanding anything contained in
this section, however, if multiple awards are not anticipated in a
solicitation prior to the deadline established for receipt of bids,
proposals or quotations, multiple awards shall not be made under that
solicitation.
(b) Prohibition against multiple awards for the procurement of
construction or services that are not annual contracts. Except as
provided in subsection (a) of this section, or unless otherwise
provided by law, multiple county contracts shall not be awarded under
one solicitation for the procurement of construction or services which
are not annual contracts.
(c) Inapplicability. This section shall not apply to the grant agreements,
inter-governmental agreements or emergency procurements.
ARTICLE 7
LOCAL SMALL BUSINESS OPPORTUNITY PROGRAM
Sec. 1-10-66. Title.
This Ordinance is UHIHUUHG WR DV WKH ³Augusta-Richmond County Local
Small Business Opportunities Program 2UGLQDQFH´ ³/6%23´
Sec. 1-10-67. Objective.
Augusta-Richmond County is firmly committed to the principles of equal
opportunity and in keeping with these principles, hereby sets forth a program
and establishes a mechanism for developing, approving, and implementing
procedures by which local small business enterprises shall be identified,
informed and educated regarding opportunities for supplying goods, general
services, and construction services required by Augusta-Richmond County,
and providing for objectives for bidders to incorporate the use of Local
Small Businesses (LSB) as commercially useful sub-contractors, thereby
promoting balanced economic and community growth throughout Augusta-
Richmond County. The LSBOP is a race and gender-neutral program.
Attachment number 2Page 62 of 113
Draft procurement Code 4/12/10 version
Page 63 of 111
Sec. 1-10-68. Policy, Intent and Purpose.
(a) Policy. It is the policy of Augusta-Richmond County that all
necessary and reasonable steps shall be taken to ensure that local
small business enterprises have the maximum opportunity to compete
for and participate in all contracts and subcontracts funded by or
through Augusta-Richmond County government. Further, the
Augusta-Richmond County Commission has determined as a means to
ensure full economic participation by small local business that a
mechanism for developing, approving and implementing a LSBOP is
required.
Augusta-Richmond County has established the LSBOP to promote
opportunities for certified Local Small Business to participate in
Augusta-5LFKPRQG&RXQW\¶VFRQWUDFWLQJDQGSURFXUHPHQWDFWLYLWLHV
by requiring contractors to utilize certified Local Small Businesses to
perform commercially useful functions to the maximum extent
possible and as economically feasible, as partners or subcontractors
for service delivery or as suppliers of various goods required in the
performance of a contract. This LSBOP is in addition to and shall not
supplant the Local Preference Ordinance, Code §1-10-6.
$XJXVWD¶V/RFDO6PDOO%XVLQHVV2SSRUWXQLWLHV3URJUDPVKDOOFRPSO\
with federal and state requirements applicable to small or
disadvantaged business, including but not limited to those
requirements set forth by regulation by the Federal Aviation
Administration, U.S. Department of Defense, U.S. Department of
Housing & Urban Development, and the Georgia Department of
Transportation. It is expressly recognized that such federal and state UHJXODWLRQVSUHHPSW$XJXVWD¶VUHJXODWLRQVUHJDUGLQJWKLVVXEMHFW
(b) Intent and Purpose. The Augusta-Richmond County Local Small
Business Opportunity Program is established to encourage equal
opportunity, diversity, and equity in Augusta-Richmond County¶s
contracting and procurement activities. In a race- and gender-neutral
manner, the Program will promote fair and equal opportunities for all
local small businessesLSBs. It is specifically intended that the
encouragement of local small businessesLSB will allow for the
development and growth of such businesses to increase competition
for construction and procurement opportunities.
Attachment number 2Page 63 of 113
Draft procurement Code 4/12/10 version
Page 64 of 111
(1) It is the intent and purpose of this program to encourage equal
opportunity in Augusta-Richmond County¶s contracting and
procurement and to eliminate discrimination and the effects of
past discrimination therein.
(2) It is also the intent and purpose of this program to encourage
the use of the Local Small Business Opportunity Program,
which will have the benefit to Augusta-Richmond County of
assisting the local economy with job formation while
remedying the discrimination against minority owned business
enterprises in the Augusta-Richmond County contracts and
procurement in a race- and gender-neutral manner.
(3) It is also the intent and purpose of the LSBOP to develop
evidence relevant to whether future race and gender conscious
programs are necessary to remediate the effects of past or
current discrimination, as required by applicable laws.
Sec. 1-10-69. Definitions.
(a) Generally. Those definitions set forth in Chapter 10 of the Code of
Ordinances shall also apply to this Article, except as provided in this
section.
(b) Specifically.
(1) Citizen¶s Small Business Advisory Board (CSBAB). Is a
council to advise the Commission and DBE CoordinatorLocal
Small Business Coordinator of matters pertaining to this
section, and to meet with small businesses to review and advise
as to the issues in program administration. See Consolidation
Act, Ga. Laws 1995, p. 3648, § 1-40. Members are appointed
by the Mayor, Commission and the Richmond County
Legislative Delegation to the Georgia General Assembly. A
list of the appointees is maintained in the Clerk of
&RPPLVVLRQ¶V2IILFHDQGLVLQFRUSRUDWHGKHUHLQE\UHIHUHQFH
(2) Commercially Useful Function. For the purpose of
determining whether a registered Local Small Business is
performing a commercially useful function, the Local Small
Attachment number 2Page 64 of 113
Draft procurement Code 4/12/10 version
Page 65 of 111
Business Office shall consider all of the facts in the record,
viewed as a whole, including without limitation the following:
(i) A Local Small Business performs a commercially useful
function when it is responsible for execution of the work
of the contract and is carrying out its responsibilities by
actually performing, managing, and supervising the work
involved.
(ii) To perform a commercially useful function, the Local
Small Business must be responsible, with respect to
material and supplies used on the contract or sub-contract
for which it is engaged, for negotiating price,
determining quality and quantity, ordering the material,
and installing (where applicable) and paying for the
material itself.
(iii) A Local Small Business does not perform a
commercially useful function if its role is limited to that
of an extra participant in a transaction, contract, or
project through which funds are passed in order to obtain
the appearance of Local Small Business participation. In
determining whether a Local Small Business is such an
extra participant, the Local Small Business Office will
examine similar transactions, particularly those in which
Local Small Businesses do not participate.
(3) Good Faith Efforts. Techniques used by a bidder/proposer to
seek Local Small Businesses to participate as a subcontractor
or supplier required to fulfill the bid/proposal request for
participation. Such good faith efforts of a bidder/proposer
include, but are not necessarily limited to, the following
actions:
(i) Including qualified lLocal Ssmall Bbusinesses /6%¶V in
WKHSULPHFRQWUDFWRU¶VVROLFLWDWLRQVIRUVXEFRQWUDFWRUVDQG
suppliers.
(ii) Assuring that local small businesses/6%¶V are solicited
whenever such business enterprises can perform a
commercially useful function.
Attachment number 2Page 65 of 113
Draft procurement Code 4/12/10 version
Page 66 of 111
(iii) Dividing total requirements, when economically feasible,
into smaller tasks or quantities to permit maximum
participation of local small businesses/6%¶V.
(iv) Establishing delivery schedules, where the requirements
of the prime contract permit, which encourage
participation of local small businesses/6%¶V.
(v) Using the services and the assistance of the Local Small
Business Office in the identification of qualified
LS%¶Vlocal small busineese and negotiating subcontracts
and supply contracts with such enterprises.
(vi) Requiring each first tier subcontractor to take the
affirmative steps outlined in sub paragraphs 1 through 5
above with respect to the identification and usage of
second or third tier sub-contractors.
(vii) Placing notices of opportunities for qualified /6%¶Vlocal
small business to perform subcontracting work on the
eligible project in newspapers, trade journals, and other
relevant publications, including publications specifically
targeted to local small businesses, or communicating
such notices of opportunities via the Internet or by other
available media or means.
(viii) Designating portions of the work for LSBlocal small
businesses subcontracting in trades with available
LSBlocal small business subcontractors.
(ix) Providing a minimum of five (5) days notice to
/6%¶Vlocal small businesses when requesting bids or
proposals for furnishing material or services as a
subcontractor or supplier.
(4) Gross Receipts. Total income or, in the case of sole
SURSULHWRUVKLSJURVVLQFRPHSOXV³FRVWRIJRRGVVROG´DVWKHVH
terms are defined or reported on Internal Revenue Service
(IRS) Federal tax return forms; Form 1120 for corporations;
Form 1120S for Subchapter S corporations; Form 1065 for
partnerships; and Form 1040, Schedule F for farm or Schedule
C for sole proprietorships.
Attachment number 2Page 66 of 113
Draft procurement Code 4/12/10 version
Page 67 of 111
(5) Joint Venture. An association of two or more businesses to
carry out a single business enterprise for profit for which
purpose they combine their property, capital, efforts, skills, and
knowledge.
(6) Local Small Business (RU ³/6%´). A corporation, sole
proprietorship, partnership or other business organization that
meets the requirements for registration as such with Augusta-
Richmond County in accordance with Section 1-10-64 of this
code.
(7) Monthly Utilization Report or MUR. A memorialization by a
prime contractor of all subcontracting and Local Small
Business participation utilized on a contract.
Contractors/vendors are required to submit the Monthly
Utilization Reports on all subcontracting participation to the
Local Small Business Office.
(8) Non-Discrimination Statement. Written affirmation made by a
ELGGHUUHODWLQJWRWKHELGGHU¶VFRQGXFWSULRUWRVXEPLVVLRQRID
bid as well as after award of a contract that the bidder agrees
to:
(i) Follow the policies of Augusta-Richmond County
relating to the participation of /6%¶Vlocal small
businesses.
(ii) Undertake certain measures to ensure the maximum
practicable participation by /6%¶V local small businesses;
and
(iii) Not engage in discriminatory conduct against local small
businesses /6%¶V inconsistent with the policy.
(9) Personal Net Worth. Net value of the assets of an individual
owner, after total liabilities are deducted must not exceed seven
KXQGUHGDQGILIW\WKRXVDQGGROODUV $QLQGLYLGXDO¶V3HUVRQDO 1HW :RUWK GRHV QRW LQFOXGH WKH LQGLYLGXDO¶V
ownership interest and the indiviGXDO¶V HTXLW\ LQ KLV RU KHU
SULPDU\ SODFH RI UHVLGHQFH $Q LQGLYLGXDO¶V 3HUVRQDO 1HW
Worth includes his or her share of assets held jointly with the
Attachment number 2Page 67 of 113
Draft procurement Code 4/12/10 version
Page 68 of 111
LQGLYLGXDO¶VVSRXVH3URSHUW\KHOGE\WKHHQWLUHWLHVLVGHHPHG
to be owned equally by the spouse.
(10) Prime Contractor. A person or firm who is awarded a contract
from Augusta-Richmond County for provision of goods or
services and has the primary responsibility for performance of
the contract. The Prime Contractor may subcontract portions
of the work required to Subcontractors, as indicated in the bid
or solicitation documents.
(11) Registered Local Small Business. Any business entity
registered by the Local Small Business Office, providing goods
or services, which has its principal office and place of doing
business in Augusta-Richmond County; with gross annual
receipts being less than $500,000; and whose owners meet the
personal net worth threshold, all as defined herein. The term
Local Small Business shall also include a manufacturer with
seventy-five (75) employees or less or wholesaler with fifty
(50) employees or less without regard to gross revenues.
(12) Schedule of local small businessLSB Participation. Written
data sheet which is a required submittal for a bid or proposal
that lists proposed local small business LSB subcontractors and
the estimated value of proposed sub-contracts.
Sec. 1-10-70. Application; effective date.
This ordinance shall apply to all bids, proposals, contracts, expenditures and
purchases commenced by Augusta-Richmond County except sole source or
emergency procurement. The effective date of this ordinance shall be the
date it is approved by the Augusta-Richmond County Commission.
Sec. 1-10-71 . Program Administration.
(a) SERVICES TO BE PROVIDED BY THE LOCAL SMALL BUSINESS
OPPORTUNITIES PROGRAM (LSBOP). The DBE
CoordinatorLocal Small Business Coordinator shall have the primary
responsibility to assure that the LSBOP is effectively and equitably
carried out in Augusta-Richmond County. The DBE
CoordinatorLocal Small Business Coordinator shall direct the LSBOP
so as to work in partnership with the Procurement Program set forth in
Chapter 10 of ARC Code. Other Augusta-Richmond County officials
Formatted: Font: Italic
Attachment number 2Page 68 of 113
Draft procurement Code 4/12/10 version
Page 69 of 111
and management personnel shall give their full cooperation towards
the implementation of the program.
(B) PROGRAM. The Local Small Business Opportunities Program
administration consists of performing vendor registration, education
and outreach, and review of bid and proposal documents.
Specifically, the program shall consist of:
(1) Developing and administering local small business LSB
registration criteria and procedures.
(2) Establishing and maintaining a directory available to the public
of registered local small businesses LSBs capable of supplying
the type and quality of equipment, supplies, general services,
construction, and professional services required by Augusta-
Richmond County.
(3) Regularly seeking out and registering new local small
businesses /6%¶Vto bid on Augusta-Richmond County
purchases and solicitations.
(4) Notifying vendors of their registration status and advising non-
registered parties of their right to appeal which shall be filed
with Augusta-Richmond County Administrator within seven (7)
days of receipt of such notice.
(5) Developing annual forecasts and periodically updating same
based on a review of anticipated purchases and certified /6%¶V
local small businesses.
(6) Monitoring and reporting on legislative and judicial actions
relevant to local, small business interests.
(7) Reviewing specifications and bid documents with the
Procurement Department to ensure maximum opportunities for
registered local small businesses LSBs to compete on an equal
basis for contracting opportunities and to perform commercially
useful functions.
Attachment number 2Page 69 of 113
Draft procurement Code 4/12/10 version
Page 70 of 111
(8) Convening and/or participating in information sessions with
local small businesses /6%¶V regarding bid requirements and
contract performance.
(9) Providing technical assistance, conducting seminars, visiting
vendors, and performing other outreach services to encourage
and increase participation in Augusta-5LFKPRQG &RXQW\¶V
bidding process by /6%¶V local small businesses.
(10) Exploring and developing other means of expanding the
program, and attracting and increasing local small business
LSB participation including joint efforts with other
governmental agencies and authorities.
(11) Refer local small businesses /6%¶Vto third party development
assistance providers when appropriate for bonding, financial
and technical assistance.
(12) Attend pre-bid, pre-qualification or pre-proposal conferences to
provide information on the LSBOP.
(13) Preparing and presenting an annual LSBOP report to the
Augusta-Richmond County Commission.
(14) Assist prime contractors and other potential bidders in
identifying and contacting LSBS local small businesses.
(15) Develop outreach programs specifically targeted to educate
local small businesses LSBs about the LINK DEPOSIT PROGRAM.
(16) DBE CoordinatorLocal Small Business Coordinator shall work
with User Departments to set contracting goals for each project
over $100,000 to include those with subcontracting and/or
supplier possibilities. DBE CoordinatorLocal Small Business
Coordinator and User Departments shall have the authority to
reduce or eliminate such local small business LSB goals on a
project based on the type of contract, the type of subcontracting
work that will be required, and the availability of LSB local
small businesses.
(17) At Risk Management Construction Project Prime bidders will
also be subject to the contract goals for subcontractors.
Attachment number 2Page 70 of 113
Draft procurement Code 4/12/10 version
Page 71 of 111
(18) Augusta-Richmond County shall indicate goals for local small
businesses LSB in Project Specific solicitations over $100,000
to provide opportunities for local small business LSB
participation.
(19) Where a bid provides a goal for local small business LSB
participation, the Local Small Business Office and User
Department shall recommend a bidder be awarded a contract
only where the bidder has demonstrated Good Faith Efforts to
meet the designated goals.
(c) Procurement Department Responsibilities.
(1) Notify all registered vendors of formal bid opportunities
through direct solicitation or public advertisement, including
information on the LSBOP.
(2) Work with project managers or user agencies to divide larger
projects into smaller projects or contracts when commercially
appropriate, in order to create more opportunities for local
small businesses /6%¶V to participate in contracts let by
Augusta-Richmond County.
(3) Provide data and technical assistance to support the outreach
efforts of the LSBOP as necessary and appropriate.
(4) Develop and utilize specifications that are open and
competitive.
(5) The Procurement Director, in consultation with the DBE
CoordinatorLocal Small Business Coordinator, the Using
Agency and the Finance Director, may make special provision
for progress payments as deemed reasonable to assist local
small businesses /6%¶Vto carry out the terms of a contract.
(6) When a local small business LSB is awarded a contract with
Augusta-Richmond County, the Procurement Director may
furnish written confirmation of the same, providing the terms
of the contract which may be used by the local small business
LSB in negotiating lines of credit with lending institutions.
Formatted: Justified
Attachment number 2Page 71 of 113
Draft procurement Code 4/12/10 version
Page 72 of 111
(D) EVALUATION OF THE LOCAL SMALL BUSINESS
OPPORTUNITY PROGRAM BY AUGUSTA-RICHMOND
COUNTY COMMISSION. The Local Small Business Opportunities
Assistance Program shall be evaluated on an annual basis. Each
annual report shall be compiled by the DBE CoordinatorLocal Small
Business Coordinator and shall compare the fiscal year ending with
the previous fiscal year. Evaluation of the program may include:
(1) Number of local small businessLSB firms certified or
registered;
(2) Training and technical assistance offered to LSBs local small
businesses;
(3) Dissemination of LSBOP information at pre-bid conferences;
and
(4) Evaluation of the effectiveness of the local small business LSB
in relation to the achievement of Augusta-5LFKPRQG&RXQW\¶s
goals set forth under this policy, including the utilization of
local small businesses /6%¶V on contracts.
Sec. 1-10-72. REGISTRATION AND CERTIFICATION
PROCEDURES.
(A) REGISTRATION CRITERIA; ACCEPTANCE OF
CERTIFICATION BY OTHER GOVERNMENTAL AGENCIES.
The Augusta-5LFKPRQG &RXQW\¶V /RFDO 6PDOO %XVLQHVV
Opportunities Program requires prior registration or evidence of
current certification of a Local Small Business in order to count the
participation of that Local Small Business toward program goals.
Eligibility requirements for registration are:
(1) Certification as to small business status may be accepted from
other local governmental, state or federal agencies that apply
criteria substantially similar to that imposed by this ordinance.
(2) Applicant firm must complete an appropriate application form
obtained from the Local Small Business Office and must
qualify as a local small business, as the term is defined in this
Attachment number 2Page 72 of 113
Draft procurement Code 4/12/10 version
Page 73 of 111
Article as to principle place of business, gross annual receipts
and personal net worth thresholds.
(3) Applicant firm must have its principal place of business in
Augusta-Richmond County. A location utilized solely as a post
office box, mailbox, mail drop, virtual office, telephone
message center, or any combination thereof, with no substantial
work function, shall not be deemed to be a significant local
presence sufficient to qualify as a local small business.
(4) Applicant firm must possess a valid Augusta-Richmond
County business license for six (6) months prior to submitting
their LSBOP registration application;
(5) 7KHILUP¶VWKUHH-year average annual gross receipts, as defined
herein, must not exceed $1.5 million in annual gross receipts;
(6) Applicant firm owner must be a citizen or lawfully admitted
permanent resident of the United States;
(7) Applicant firm must be a business, including a sole
proprietorship, partnership, corporations, limited liability
company, or any other business or professional entity:
(i) which is at least fifty-one (51) percent owned by one (1)
or more of the applicant individuals identified, and the
ownership must have been in existence for one (1) year
or more, and the applicant individual must have
maintained such fifty-one (51) percent ownership for at
least one (1) year; and
(ii) in the case of a publicly-owned business, at least fifty-
one (51) percent of all classes of stock which is owned
by one (1) or more of such persons, each of whom meets
the net worth criteria as defined herein.
(8) No individual owner of an applicant firm, or if a sole
proprietorship or partnership the individuals themselves, may
have a personal net worth that exceeds $750,000, as that term
is defined in this Article.
Attachment number 2Page 73 of 113
Draft procurement Code 4/12/10 version
Page 74 of 111
(9) No local small businessLSB shall be registered solely on the
basis of the race or gender of its ownership regime.
(b) Renewal of Registration. Local small business LSB registration is
valid for a two-year period beginning on the date Augusta-Richmond
County registers the business. To re-apply, a local small business must
submit a new application and evidence of continuing eligibility.
It is the responsibility of the local small business LSB to notify Local Small
Business Office of any change in its circumstances affecting its continued HOLJLELOLW\IRUWKHSURJUDP)DLOXUHWRGRVRPD\UHVXOWLQWKHILUP¶VGH-
registration and preclusion from future participation in the LSBOP;
(1) A Local Small Business that no longer meets registration
criteria shall not be re-registered by the Local Small Business
Office;
(2) Firms that have been denied registration or re-registration may
protest the denial as follows:
(i) Within seven (7) days of receipt of denial of registration
or re-registration, the firm may protest such action in
writing to the DBE CoordinatorLocal Small Business
Coordinator;
(ii) A hearing shall be held by Augusta-Richmond County
Administrator at which time the firm may present
additional facts and evidence in support of its eligibility.
Augusta-Richmond County Administrator shall control
all aspects of the hearing, including scheduling, conduct,
witnesses, and evidence, and may request the attendance
of witnesses and production of particular documents;
(iii) Augusta-Richmond County Administrator shall send
written notice of the decision to the firm within 30 days
of the hearing.
Attachment number 2Page 74 of 113
Draft procurement Code 4/12/10 version
Page 75 of 111
(iv) A firm found to be ineligible cannot apply for
registration or re-registration for a period of one year
after the effective date of the final decision.
(c) Limitations. Notwithstanding any other provision of this program
except on a finding of good cause by Augusta-Richmond County, a
registered local small business LSB is no longer eligible to participate
in the LSBOP after being enrolled for ten (10) consecutive years
regardless of whether the firm received contracts or prime contracts
under the program. If a firm has been released from the program
before graduation as a result of exceeding the LSBOP thresholds, it
will still be eligible to receive contracts from ARC, but such
participation will not be counted toward the LSBOP goal of
identifying and employing local small businesses to the greatest extent
possible.
In determining whether a good cause exists for a firm to continue
participation beyond ten (10) consecutive years, ARC may review all
relevant factors such as amount of business previously received by the
firm, and capability of other small firms to provide goods and
services, impact on a potential contract opportunity for other local
EXVLQHVVHVWRFRPSHWH,QQRHYHQWVKDOODILUP¶VSDUWLFLSDWLRQLQWKH
program extend beyond fifteen (15) years.
Participation or registration as a local small business LSB in the
LSBOP shall not preclude a registered firm from competing for a
prime contract with Augusta-Richmond County on the same basis as
other prime contractors or suppliers.
(d) Graduation. Augusta-Richmond County shall graduate an local small
business LSB business from eligibility as a local small businessn
LSB. The local small business LSB business will be graduated from
local small business LSB if any one of the following occurs:
(1) The LSB local small business¶s gross revenues in each of the
previous consecutive three (3) years exceed an average of $1.5
million;
(2) The net worth of any owner of an LSB local small business
exceeds an average of $750,000.00 for each of the previous
consecutive three (3) years, exclusive of principal residence
and the value of the local small business LSB; or
Attachment number 2Page 75 of 113
Draft procurement Code 4/12/10 version
Page 76 of 111
(2.) The local small business LSB business has participated in the
LSB LSBOP for ten (10) years and ARC has not approved an
extension of participation based on good cause.
Sec. 1-10-73. LOCAL SMALL BUSINESS OPPORTUNITIES
PROGRAM PARTICIPATION
(a) Sealed Bids, Sealed Proposals, Professional Services And Other
Major Purchasing. The following procedures and contract
requirements will be used to insure that local small businesses /6%¶V
are encouraged to participate in Augusta-Richmond County contracts,
including but not limited to construction contracts, requests for
professional services and the performance of public works contracts.
The Augusta-Richmond County user department shall indicate goals
for local small businessLSB in all solicitation with contracts over
$100,000 in value:
(1) Bid conditions, requests for proposals, and all other
specifications for contracts awarded by Augusta-Richmond
County will require that, where subcontracting goal is utilized
in performing the contract, the bidder or proponent, will make
Good Faith Efforts to subcontract with or purchase supplies
from /6%¶V local small businesses. Bid specifications will
require the bidder or proponent to keep records of such efforts
that are adequate to permit a determination of compliance with
this requirement.
(2) Each bidder shall be required to provide documentation of
achieving goal or provide documentation of Good Faith Efforts
to engage local small businesses /6%¶Vas subcontractors or
suppliers, the names of local small businesses /6%¶V and other
subcontractors to whom it intends to award subcontracts, the
dollar value of the subcontracts, and the scope of the work to be
performed, recorded on the form(s) provided or made available
as part of the bid package. If there are no sub-contracting
opportunities, bidder shall so indicate on the appropriate form.
(3) For all such contracts, the Procurement Department will
provide the DBE CoordinatorLocal Small Business Coordinator
Attachment number 2Page 76 of 113
Draft procurement Code 4/12/10 version
Page 77 of 111
with a copy of the invitation to bid or bid specifications,
including the scope of work. The Local Small Business Office
will identify the existence of certified local small businesses /6%¶Vwhich are qualified to submit bids as prime contractors.
(4) The Local Small Business Office shall identify subcontracting
opportunities and shall make available trade-specific lists of
certified local small businesses /6%¶Vto potential prime
contractors. Prime contractors are encouraged to form Joint
Ventures with local small businesses LSBs to perform major
contracts, particularly in the areas of construction and
professional services.
(5) Within thirty (30) days of the adoption of this Ordinance, the
Procurement Department will include a copy of this ordinance
in each bid or proposal or shall publish and make available an
internet link at which the LSBOP Ordinance and related forms
may be found on the official website of Augusta-Richmond
County.
(6) All bid documents shall require bidders or proponents to submit
with their bid the following written documents, statements or
forms, which shall be substantially similar to those attached to
this ordinDQFHDV([KLELW³$´DQGDVVKDOOEHPDGHDYDLODEOHE\
the Procurement Department.
(i) Non-Discrimination Statement which shall affirm the
ELGGHU¶V L adherence to the policies of Augusta-
Richmond County relating to equal opportunity in
contracting; (ii) agreement to undertake certain measures
as provided in this policy to ensure maximum practicable
participation of local small businesses; and
(iii) agreement not to engage in discriminatory conduct
of any type.
(ii) Proposed Local Small Business LSB
Subcontractor/Supplier Utilization Plan.
(iii) Documentation of Good Faith Efforts to use /6%¶V local
small businesses.
Attachment number 2Page 77 of 113
Draft procurement Code 4/12/10 version
Page 78 of 111
Failure to submit the above documentation shall result in the bid or
proposal being declared non-responsive.
(7) Before advertising and soliciting bids, the Local Small
Business Office and using department will assess if large
contracts can be segmented into multiple contracts. Methods to
be considered include:
(i) The term of a contract may be shortened that results in a
dual effect; the reduction of quantity required, and the
risk inherent in guaranteeing prices over a longer period
of time.
(ii) Work to be performed may be grouped according to
geographic location within Augusta-Richmond County.
(8) When the Solicitation bid document contains a local small
business LSB Ggoal, each Bidder must either: meet the local
small business LSB Ggoal or comply with the Good Faith
Effort requirement set for in section 1-10-69(b)(3). Failure to
do so constitutes grounds for rejecting the Bid.
(9) When the Solicitation bid document does not contain a local
small business LSB goal, each bidder must negotiate in good
faith with each local small business LSB that responds to the %LGGHU¶V VROLFLWDWLRQ DQG HDFKlocal small business LSB that
contacts the Bidder on its own accord.
(10) Self-Performance. Self performance does not exempt Bidders
from the Local Small Business Opportunity Program
requirements unless the self performer is a qualified and
registered local small business. Bidders that do not meet the
local small businesses LSB goal and desire to self-perform all
or part of the construction contract must nevertheless
demonstrate that they complied with the Good Faith Efforts
requirements as set forth in section 1-10-69.
(b) Departmental Purchase Requirements (All Formal Bids over
$100,000). User Departments making purchases or issuing
solicitations for projects over $100,000 (including project
Attachment number 2Page 78 of 113
Draft procurement Code 4/12/10 version
Page 79 of 111
management, contract management, and/or construction, and/or
design contracts) shall have the following duties and responsibilities
with regard to the LSBO Program:
Departments shall:
(1) Establish Project Specific Goals on all projects $100,000 and
above.
(2) Submit the scope of work and cost estimate evaluations to the
DBELocal Small Business Department so appropriate local
small business LSB subcontracting goals may be determined.
(3) Assist the DBELocal Small Business Department with setting
Project Specific Goals.
(4) Assist in identification of available local small
businesses.LSBs.
(5) Gather and maintain data for those contracts which they
manage.
(6) Submit subcontracting data to the Local Small Business Office
within fourteen (14) days of progress payments and thirty (30)
days of contract closeout.
(7) Submit to the Local Small Business Office, on or before the
EHJLQQLQJRIHDFK)LVFDO\HDUWKH'HSDUWPHQW¶VDQQXDOOLVWRI
projects, listing all upcoming projects, estimating the probable
monetary value, and stating the projected bid advertisement
date.
(8) Indicate goals for local small businesses LSBs in solicitations
for contracts that provide opportunities for local small business
LSB participation.
(9) Work with User Departments to monitor contracts to facilitate
prompt payments to local small business LSB and to be in
compliance with Project Specific Goals and commitments.
Attachment number 2Page 79 of 113
Draft procurement Code 4/12/10 version
Page 80 of 111
(10) Track and report statistics regarding the effectiveness of the
LSBOP, as measured by a review of data indicating prime and
subcontractor spending with LSB local small business, as
required by the policies and procedures.
(C) Methodology for Setting LSB Local Small Business Project Specific
Goals. The DBE CoordinatorLocal Small Business Coordinator in
consultation with User Department shall establish a local small
business LSB goal for all contracts through rules and guidelines for
the implementation of the LSBOP Program. Such methodology shall
take into account the reasonably known availability of subcontracting
opportunities that local small businesses LSB can perform on each
contract. Local small business LSB goals should be calculated based
upon specific contracting, subcontracting, and /or supplier opportunity
and the availability of local small business LSB registered in Augusta-
5LFKPRQG&RXQW\¶VGLUHFWRU\7KLVZLOOEHDFKLHYHGE\DGRSWLQJWKH
Federal Guidelines for setting Goals 49 CFR Part 26-45.
(d) Post Contract Award Requirements. The purpose of this sub-section
is to establish requirements for contractor compliance with the LSBO
Program after a contract has been awarded. This is incorporated into
all Augusta-Richmond County Contracts for which as local small
business LSB Ggoal has been established or negotiated.
(1) Contractors shall have an affirmative, ongoing obligation to
meet or exceed the committed local small business LSB goal
for the duration of the contract. The Augusta-Richmond
County may deem a contractor to be in violation of the LSBO
Program and in breach of its contract if at any time Augusta-
Richmond County determines that: (a) The contractor will not
meet the committed local small business LSB goals; and (b) the UHDVRQVIRUWKHFRQWUDFWRU¶VIDLOXUHDUHLQZLWKLQWKHFRQWUDFWRU¶V
control. For example, if a contractor does not meet the local
small business LSB goal because the contractor terminated an
local small business LSB without cause or if the contractor
caused and local small business LSB to withdraw from the
project without justification, then Augusta-Richmond County is
justified in finding the contractor to be in violation of the LSBO
ProgramLSBOP.
Attachment number 2Page 80 of 113
Draft procurement Code 4/12/10 version
Page 81 of 111
(2) Exceptions. A contractor shall not be deemed in violation of
this Program for failure to meet the committed local small
business LSB goal to the extent such failure is directly
attributable to:
(i) Augusta-Richmond County reducing the scope of a
Contract so as to eliminate or reduce work that was going
to be performed by local small businesses LSBs (whether
through a change order, contract amendment, force
account or otherwise);
(ii) An local small businesses LSB¶V voluntary withdrawal
from the project, if the contract demonstrates that such ZLWKGUDZDO ZDV EH\RQG WKH FRQWUDFWRU¶V UHDVRQDEOH
control, so long as the contractor complied with the Good
Faith Efforts to replace the local small business LSB with
another local small business LSB; or
(iii) Termination or reduction in the work of an LSBlocal
small business, if the contractor demonstrates that such
termination was consistent with the terms of this
Program, and that the contractor complied with the Good
Faith Efforts to replace the local small business LSB with
another LSB local small business.
(3) Contractors have an ongoing, affirmative obligation to ensure
that local small businesses LSBs performing on the contract are
performing a Commercially Useful Function. A contractor
shall be in violation of the LSBO ProgramLSBOP and in
breach of its contract if it lists as local small business LSB to
receive credit toward a committed local small business LSB
goal with knowledge that the local small business LSB will be
acting as a conduit or will otherwise not be performing a
Commercially Useful Function reasonably commensurate with
the payment amount for which the contractor will be seeking
credit.
(4) Contractors shall not terminate, replace or reduce the work of
an local small business LSB that the contractor has counted
toward meeting the committed local small business LSB unless:
Attachment number 2Page 81 of 113
Draft procurement Code 4/12/10 version
Page 82 of 111
(i) The local small business LSB refuses to enter into a
contract consistent with the local small business LSB¶s
Letter of Intent.
(ii) The local small business LSB materially breaches its
contract with the contractor
(iii) Augusta-Richmond County reduces the contract scope of
work so as to eliminate or reduce the work that the local
small business LSB was to perform; or
(iv) The local small business LSB voluntarily withdraws from
the contract for reasons not within the contractoU¶V
reasonable control.
(5) Contractor shall provide the User Department and the DBE
CoordinatorLocal Small Business Coordinator written notice
prior to replacing or terminating an local small business LSB on
a contract. The notice shall identify the local small business
LSB and the contract; state the reason for the termination or
replacement and state the proposed date on which such
termination or replacement will occur. Unless the
circumstances necessitate immediate termination or
replacement, the contractor shall provide such notice to the
User Department and the DBE CoordinatorLocal Small
Business Coordinator at least 5 Business Days before the
contractor terminates the local small business LSB. The
contractor shall further provide written notice to the local small
business LSB stating the reasons for the termination. Unless
circumstances dictate otherwise, the contractor shall provide
such notice before termination is to occur.
(6) Good Faith Efforts to replace an local small business LSB to a
contract. When an local small business LSB withdraws or is
terminated from a contract for any reason, the contractor shall
comply with the Good Faith Efforts requirement to replace the
departing local small business LSB with another LSB local
small business. Likewise, when new opportunities for
subcontracting arise on a contract and Augusta-Richmond
County sets a Supplemental local small business LSB goal, the
Attachment number 2Page 82 of 113
Draft procurement Code 4/12/10 version
Page 83 of 111
contractors shall comply with the Good Faith Efforts set in an
effort to meet the Supplemental local small business LSB goal.
(7) Utilization Reports and Documentation of Payment.
Contractors shall report to Augusta-Richmond County the total
dollars paid to each local small business LSB on each contract,
and shall provide such payment affidavits, regarding payment
to subcontractors as may be requested by Augusta-Richmond
County. Such documents shall be in the format specified by the
Disadvantaged Business Enterprise Department, and shall be
submitted at such times as required by Augusta-Richmond
County. Failure to provide such reports within the time period
specified by Augusta-Richmond County shall entitle Augusta-
Richmond County to exercise any of the remedies set forth,
including but not limited to, withholding payment from the
contractor and/or collecting liquidated damages.
(e) Departmental purchase requirements (small purchases, quotations, or
informal bids). Subject to the dollar limits set forth under Augusta-
Richmond County ordinance, departments are authorized to make
small purchases using Agency Purchase Orders. Departments shall be
directed by Augusta-Richmond County Administrator to utilize local
small businesses LSB¶s on small purchases whenever possible and
appropriate.
(1) The Local Small Business Office shall make available to every
Augusta-Richmond County department a directory of registered
local small businesses /6%¶Vand encourage their use of by
departments.
(2) The Local Small Business Office shall provide annual training
to all Augusta-Richmond County Departments on the Local
Small Business Opportunities Program.
(3) The Local Small Business Office shall track local small
business LSB purchases by department and provide feedback to
department heads and the DBE CoordinatorLocal Small
Business Coordinator on use of local small businesses/6%¶V for
small purchases.
Attachment number 2Page 83 of 113
Draft procurement Code 4/12/10 version
Page 84 of 111
(4) The Procurement Director shall ensure that all Augusta-
Richmond County specifications for goods and services do not
contain any unnecessary impediment to local small business
LSB participation in the bid process. The DBE
CoordinatorLocal Small Business Coordinator will make
recommendations to the Procurement Director when a
specification appears to impede local small businesses /6%¶V
from competitively participating in a bid.
(5) For small purchases, quotations or informal bids, the Using
Department will solicit bids from registered local small
businesses /6%¶Vto supply the required materials, equipment,
supplies or services using the local small business LSB
Registry created and maintained by the Local Small Business
Office.
(6) The DBE CoordinatorLocal Small Business Coordinator will
notify the Procurement Director whenever there are no
registered local small businesses /6%¶Vavailable for utilization
on a project-by-project basis. The Local Small Business Office
will attempt to identify qualified /6%¶V local small businesses,
and if successful, will notify the Procurement Director of their
registration and availability. The Procurement Director will
include such local small business /6%¶Vin bid/quote
solicitation lists.
(f) Procurement Department Buyer¶s Responsibilities.
(1) For all purchases on which written bids are sought, registered
local small businesses /6%¶Vwhich are ready, willing and able
to perform the required services or provide the required
commodity will be solicited for a written quotation or bid.
(2) Purchases from local small businesses /6%¶Vshall be tracked
by the buyer.
(g) Maintenance of Records.
(1) The Local Small Business Office, with the assistance of the
Department of Information Technology, shall compile data on
Formatted: Justified
Formatted: Justified
Attachment number 2Page 84 of 113
Draft procurement Code 4/12/10 version
Page 85 of 111
local small business LSB participation. Information on prime
contract awards and subcontractor utilization will be maintained
by the Local Small Business Office which will gather
information from all user Departments on a quarterly basis.
(2) Local small business LSB utilization statistics shall be
maintained in the following manner:
(i) Contracts and purchases shall be grouped into four
categories: construction, professional services, general
services and materials/equipment/supplies.
(ii) Statistics shall measure overall awards to local small
businesses /6%¶V by category of purchase (i.e.
construction, professional services, general services, and
materials/equipment/supplies).
(3) The following statistics shall be reported not less than annually
to the Augusta-Richmond County Commission by the DBE
CoordinatorLocal Small Business Coordinator.
(i) Regarding purchases of professional services, general
services and material/equipment/supplies made through
the competitive bid and quotation process:
Total value of purchases
Total value of purchases from local small businesses /6%¶V
(ii) Regarding small purchases by operating department
using Agency Purchase Orders:
Total value of small purchases by Augusta-Richmond
County Department
Total value of small purchases from local small
businesses /6%¶V by Department
(iii) Regarding construction purchases:
Total value of construction contract awards
Formatted: Justified
Formatted: Justified
Formatted: Justified
Formatted: Justified
Formatted: Justified
Formatted: Justified
Attachment number 2Page 85 of 113
Draft procurement Code 4/12/10 version
Page 86 of 111
Total value of construction contracts awarded to local
small businesses /6%¶Vas prime contractors.
Total value of subcontracts awarded to local small
businesses/6%¶V
(h) Compliance.
(1) It will be the duty of the Procurement Director to ensure that
bids or proposals issued from the Procurement Department
adhere to the provisions set forth in this Policy.
(2) The Procurement Director, and all department directors will
assume responsibility for evaluating compliance with this
program in their respective contract areas and will review, on a FRQWLQXLQJ EDVLV DOO DVSHFWV RI WKH SURJUDP¶V RSHUDWLRQVWR
assure that the purpose is being attained and reporting same to
the DBE CoordinatorLocal Small Business Coordinator for
tracking and annual report purposes.
(3) Each Augusta-Richmond County contract will contain a
provision requiring compliance with this policy including
maintenance of records, good faith efforts, and maintenance of
information necessary to document compliance, and include
the right of the DBE CoordinatorLocal Small Business
Coordinator and Procurement Director, or their respective
designees to inspect such records. The record will be a part of
the official files located in the Procurement Office.
(4) The DBE CoordinatorLocal Small Business Coordinator shall
be responsible for evaluating good faith efforts documentation
and subcontractor information submitted by bidders in
conformance with this policy, AUGUSTA, GA. CODE Augusta-
Richmond County Code and any State and Federal Laws
applicable to any bid specifications for competitive sealed bid
or competitive sealed proposal projects prior to award of the
contract.
(5) Each Augusta-Richmond County contract will contain a
provision prohibiting any agreements between a contractor and
an local small business LSB in which the local small business
Formatted: Justified
Attachment number 2Page 86 of 113
Draft procurement Code 4/12/10 version
Page 87 of 111
LSB promises not to provide subcontracting quotations to other
bidders or potential bidders.
(i) Competitive Bids.
Nothing in this Policy is to be construed to require Augusta-Richmond
County to award a bid contract to other than the lowest responsible bidder,
or to require contractors to award to subcontractors, or to make significant
material purchases from local small businesses /6%¶Vwho do not submit the
best overall pricing to Augusta-Richmond County.
(j) Outreach.
To maximize the identification, registration and utilization of /6%¶V local
small businesses, the following efforts will be undertaken by the Local
Small Business Office:
(1) Increase efforts to locate and register additional vendors,
service providers, and construction contractors that can provide
goods and services for Augusta-Richmond County through
media, vendor fairs, and electronic message boards.
(2) As GDOT, DOD and FAA certified construction contractors
are located invite local firms to register with Augusta-
Richmond County in accordance with the requirements of this
Article in order to create an enhanced resource to using
departments, buyers and prime contractors to locate registered
local small businesses /6%¶Vfor projects that can utilize local
small businesses /6%¶Vfor a commercially useful function.
(3) Supply information to the Board of Commissioners regarding
the ordinance and offer opportunities for ways in which the
Board of Commission can be an advocate of the LSBOP.
Sec. 1-10-74. Exceptions ± Federally Funded Projects.
In accordance with §1-10-8, this chapter shall not apply to any bid or
procurement to which federal or state laws, regulations or guidelines
regarding the use of disadvantaged businesses or other requirements apply.
Attachment number 2Page 87 of 113
Draft procurement Code 4/12/10 version
Page 88 of 111
Sec. 1-10-75. Citizens Small Business Advisory Board.
Augusta-Richmond County Local Small Business Opportunities
Citizens¶6PDOO%XVLQHVV$GYLVRU\%RDUG &6%$% shall be constituted to
advise the Commission and DBE CoordinatorLocal Small Business
Coordinator on matters related to this ordinance, and to meet with local
small businesses, to review and provide input as to the issues in program
administration. See Consolidation Act, Ga. Laws 1995, p. 3648, §1-40.
Members are appointed by the Mayor, Commission and the Richmond
County Legislative Delegation. A list of the appointees is maintained in the &OHUNRI&RPPLVVLRQ¶V2IILFHDQGLVLQFRUSRUDWHGKHUHLQE\UHIHUHQFH
Note: Augusta-Richmond County does not operate a Disadvantaged
Business Program or a Women/Minority Owned Enterprise Program.
ARTICLE 8
SUSPENSION OR DEBARMENT OF BIDDER OR PROPOSER
Sec. 1-10-76. Authority to suspend or debar from qualified
bidder/proposer list for consideration of contract award.
Authority to debar or suspend. The Procurement Director, after consulting
with the General Counsel, is authorized to debar a person for cause from
participation in any countyAugusta-Richmond County procurements at any
tier and consideration for award of contracts. The debarment shall be for a
period of not more than five years. The period of time during which the
debarment will be imposed is to be determined by the Procurement Director
based upon the severity of the causes for debarment. After consultation with
the using agency and General Counsel, the Procurement Director is
authorized to suspend a person from participation in any countyAugusta-
Richmond County procurement at any tier and consideration for award of
contracts if there is probable cause for debarment. The suspension shall not
be for a period exceeding the greater of: (1) three months; (2) the period
during which administrative review of the suspension is pending; or (3) the
period during which judicial review of an administrative decision that was
adverse to the suspended firm is pending.
Sec. 1-10-77. Causes for debarment or suspension.
The causes for debarment or suspension include:
Attachment number 2Page 88 of 113
Draft procurement Code 4/12/10 version
Page 89 of 111
(a) Conviction for commission of a criminal offense as an incident
to obtaining or attempting to obtain a public or private contract
or subcontract or in the performance of such contract or
subcontract.
(b) Conviction under state and federal statutes of embezzlement,
theft, forgery, bribery, falsification or destruction of records,
receiving stolen property or any other offense indicating a lack
of business integrity or business honesty which currently,
seriously and directly affects responsibility as an
countyAugusta-Richmond County contractor.
(c) Conviction under state or federal antitrust statutes arising out of
the solicitation and submission of bids or proposals.
(d) Violation of contract provisions, as set forth below, of a
character which is regarded by the Procurement Director to be
so serious as to justify debarment action:
(i) Deliberate failure to perform in accordance with the
provisions or within the time limit provided in any
countyAugusta-Richmond County contract.
(ii) A recent record of failure to perform or of unsatisfactory
performance in accordance with the terms of one or more
contracts, provided that failure to perform or
unsatisfactory performance caused by acts beyond the
control of the contractor shall not be considered to be a
basis for debarment. In the event that the contractor
asserts in a county suspension or debarment proceeding
that such recent failure to perform or unsatisfactory
performance in accordance with the terms of one or more
contracts was caused by acts beyond the control of the
contractor, the contractor must introduce documentation
from the applicable contract/project in which it provided
notice of such acts beyond its control and/or invoked its
rights to equitable adjustment or other similar remedies
under the applicable contract as a result of force majeure
or other similar events; provided, however, that Augusta-
Richmond County's determination on such issue will be
independent from the contract/project at issue. It is
insufficient in a county debarment proceeding for the
contractor to raise this issue for the first time concerning
Attachment number 2Page 89 of 113
Draft procurement Code 4/12/10 version
Page 90 of 111
a prior contract under which it failed to perform or
performed unsatisfactorily.
(e) For violation of any ethical standards set forth in Article 3,
Ethics in Public Contracting.
(f) Submission to Augusta-Richmond County of a claim for
additional compensation that is without merit, including, but
not limited to claims seeking to recoup:
(i) Costs incurred by the contractor but not included in its
bid or proposal due to its own error;
(ii) Costs that it has already been paid or will be paid under
the contract;
(iii) Costs asserted simply for the purpose of forcing Augusta-
Richmond County to consider a settlement at a reduced
amount;
(vi) Costs that the contractor has not certified pursuant to the
contract documents; and
(v) Costs that the contractor would not be entitled to recover
under the contract documents, including, but not limited
to attorneys fees and interest on unpaid sums.
(g) Material misrepresentation of the composition of the ownership
or work force of a business entity certified to Augusta-
Richmond County as a minority business enterprise.
(h) Any other cause the Procurement Director, in consultation with
the using agency and General Counsel, determines to be so
serious and compelling as to affect responsibility, including, but
not limited to, debarment by another governmental entity.
Sec. 1-10-78 . Notice.
The Procurement Director shall issue a written notice of the decision to
debar or suspend. The notice shall state the reasons for the action taken and
the effective date of the debarment or suspension and shall inform the
debarred or suspended person involved of the right to administrative review
as provided in this division.
Sec. 1-10-79. Finality of decision.
Attachment number 2Page 90 of 113
Draft procurement Code 4/12/10 version
Page 91 of 111
A decision under this section is final and conclusive, unless fraudulent or
any person adversely affected by the decision appeals administratively to the
Administrative Services Committee in accordance with this division.
Sec. 1-10-80%RDUGRI&RPPLVVLRQHU¶VLQLWLDWHGGHEDUPHQW.
The Board of Commissioners, by enactment of an appropriate resolution,
may request that the Procurement Director initiate an investigation into
whether a particular person should be debarred and/or suspended and, after
consulting with the General Counsel, the Procurement Director is authorized
to debar or suspend such person for cause from participation in any
countyAugusta-Richmond County procurements at any tier and
consideration for award of contracts.
ARTICLE 9
APPEALS, PROTESTS AND REMEDIES
Sec. 1-10-81. Procurement protests.
Authority to Resolve Protested Solicitations and Awards.
(a) Right to Protest. Any actual or prospective bidder, offeror, or
contractor who is aggrieved in connection with the solicitation or
award of a contract may protest to the Procurement Director.
(b) Authority to Resolve Protests. The Procurement Director and the
Administrator shall have the authority, prior to a final decision by the
Commission, to settle and resolve the protest of an aggrieved bidder,
offeror, or contractor, actual or prospective, concerning the
solicitation or award of a contract.
(c) Decision of Procurement Director. If the protest is not resolved by
mutual agreement, the Procurement Director shall issue a decision in
writing regarding the protest as specified in Section 1-10-83. The
decision shall:
(1) state the reasons for the action taken; and
(2) inform the protester of its right to administrative review as
provided in this Article.
Attachment number 2Page 91 of 113
Draft procurement Code 4/12/10 version
Page 92 of 111
(d) Notice of Decision. A copy of the decision shall be mailed or
otherwise furnished to the protestor and any other interested party.
(e) Finality of Decision. A decision under Subsection (d) of this Section
shall be final and conclusive, unless any person adversely affected by
the decision files a timely appeal in accordance with Section 1-10-84.
(f) Stay of Procurements During Protests or Appeals. In the event of a
timely protest under section 1-10-82 of this Article the Procurement
Director shall not proceed further with the solicitation or with the
award of the contract unless the Procurement Director, after
consultation with the head of the using agency and General Counsel,
makes a written determination that the award of the contract without
delay is necessary to protect substantial interests of Augusta-
Richmond County. Such a determination shall be provided to the
protestor.
1-10-82. Filing of Protest.
(a) Protests shall be made in writing to the Procurement Director and
shall be filed in within five (5) business days after the protestor knows
or should have known of the facts giving rise thereto. A protest is
considered filed when received by the Procurement Department.
Protests filed after the five (5) day period shall not be considered
and are deemed a failure on the part of the protestor to exhaust
administrative remedies.
(b) Subject of Protest. Protestors may file a protest on any phase of
solicitation or award including but not limited to specifications
preparation, bid solicitation, award, or disclosure of information
marked confidential in the bid or offer.
(c) To expedite handling of protests, the written protest shall include as a
minimum the following:
(1) the name and address of the protestor;
(2) appropriate identification of the procurement, and, if a contract
has been awarded, its number;
(3) a statement of reasons for the protest; and
Attachment number 2Page 92 of 113
Draft procurement Code 4/12/10 version
Page 93 of 111
(4) supporting exhibits, evidence, or documents to substantiate any
claims unless not available within the filing time in which case
the expected availability date shall be indicated.
(d) Requested Information; Time for Filing. Any additional information
requested by any of the parties should be submitted within the time
periods established Procurement Director in order to expedite
consideration of the protest. Failure of any party to comply
expeditiously with a request for information by the Procurement
Director may result in resolution of the protest without consideration
of any information which is untimely filed pursuant to such request.
(e ) Making Information on Protests Available. The Procurement Director
shall upon written request make available to any interested party
information submitted that bears on the substance of the protest except
where information is proprietary, confidential, or otherwise prohibited
from disclosure or required to be withheld by law or regulation.
Persons who wish to keep such information submitted by them
confidential should so request by specifically identifying such
information within documents submitted, and indicating on the front
page of each document that it contains such information.
Sec. 1-10-83. Decision by the Procurement Director
Time for Decisions. A written decision on a protest shall be made by the
Procurement Director within ten (10) business days after receiving all
relevant, requested information. If a protest is sustained, the Procurement
Director may determine that the solicitation or award violates the law; or
may make a determination that the solicitation should be cancelled in order
to comply with the applicable law.
Sec. 1-10-84. Appeals.
Appeal of a decision of the Procurement Director may be requested by the
protestor or any department involved in the protest. The appeal shall contain
a detailed statement of the factual and legal grounds upon which reversal or
modification is deemed warranted.
Sec. 1-10-85. Time for Filing Appeal.
Appeals of a decision of the Procurement Director shall be filed not later
than five (5) business days after receipt of such decision.
Attachment number 2Page 93 of 113
Draft procurement Code 4/12/10 version
Page 94 of 111
Sec. 1-10-86. Request for Hearing and Effect of Untimely Appeal.
A contractor or prospective contractor that has been notified of a denial of its
protest action may request in writing an appeal to the Augusta-Richmond-
County Commission. All appeals must be received by the Procurement
Director within five (5) business days. Appeals filed after the five (5) day
period shall not be considered and are deemed a failure on the part of
the protestor to exhaust administrative remedies. Where no appeal (or an
untimely appeal) is filed, WKH3URFXUHPHQW'LUHFWRU¶VGHFLVLRQLVFRQVLGHUHG
final and the award shall proceed.
Sec. 1-10-87. Notice of Hearing.
If a timely appeal is filed by the protestor, the Procurement Director shall
place the protest on the agenda of the Administrative Services Committee.
7KH &OHUN RI &RPPLVVLRQ¶V 2IILFH VKDOO SURYLGH SXEOLFQRWLFH RI WKH
Administrative Services Committee Agenda as required by law. In addition,
the Procurement Department may, but is not required, to send to the
protestor written notice of the time and place of the hearing. Copies of such
notice shall be sent to the Augusta-Richmond General Counsel and the
Department head of the appropriate user department.
Sec. 1-10-88. Administrative Services Committee Hearing Procedure
and Effect of Failure to Appear at Hearing.
(a) Protests appearing on the Administrative Services Committee shall be
treated as any other Committee agenda item, except that the Protestor,
or his or her representative, shall have the right to address the
Committee and to present evidence in support of the protest for a
minimum of ten (10) minutes. The Procurement Director and user
department shall also have the opportunity to present evidence
relating to the protest for a minimum of ten (10) minutes. The
Chairman of the Administrative Services Committee may grant
additional time equally to each party at his or her discretion.
(b) After considering the evidence presented, the Administrative Services
Committee shall vote to grant or deny the protest or to send the item
to the full Augusta-Richmond County Commission without
recommendation. Regardless of the decision made by the Committee,
the protest shall be forwarded to the full Commission agenda.
However, the Commission may, at its discretion, dispose of the
agenda item via the Consent Agenda and the Protestor does not have
Attachment number 2Page 94 of 113
Draft procurement Code 4/12/10 version
Page 95 of 111
the right to force the item to be moved from the Consent Agenda to
the Regular Agenda.
(c) Effect of Failure to Appear at Hearing. Failure on the part of the
Protestor to appear before either the Administrative Services
Committee or the full Augusta-Richmond County Commission is
considered an abandonment of their right to appeal and a failure
on the part of the protestor to exhaust administrative remedies.
TKH3URFXUHPHQW'LUHFWRU¶VGHFLVLRQLVFRQVLGHUHGILQDOand the award
shall proceed accordingly. However, the Chairman of the
Administrative Services Committee or the Mayor may, at his or her
discretion, grant the Protestor one continuance to the next regularly
scheduled Committee or Commission Meeting. Such continuance
may only be granted during the Committee or Commission meeting
and shall be recorded on the minutes of such meeting.
Sec. 1-10-89. Authority of Administrator to Participate Procurement
Matters.
The Augusta-Richmond County Administrator has the authority to:
(a) communicate with the protestor and other interested parties to try to
settle any dispute, or narrow the issues for matters to be presented to
the Committee or Commission;
(b) consult with the Procurement Director, the User Department and the
General Counsel regarding the need for a stay pursuant to Section 1-
10-81(f);
(c) participate in all aspects of the procurement process as necessary to
support the best interests of Augusta-Richmond County.
Sec. 1-10- 90. Hearing Procedures.
(a) Hearings shall be as informal as may be reasonable and appropriate
under the circumstances and in accordance with the applicable rules of
the Administrative Services Committee and Commission. The
Procurement Director shall provide the Administrative Services
Committee and Commission with copies of the protest and the
response of the Procurement Department.
(b) Witnesses providing testimony at before the Administrative Services
Committee or Commission shall testify under oath or affirmation.
Attachment number 2Page 95 of 113
Draft procurement Code 4/12/10 version
Page 96 of 111
Sec. 1-10-91. Determination of Commission; Final Decision.
7KH &RPPLVVLRQ¶V GHFLVLRQ UHJDUGLQJ D 3URWHVW LV WKH ILQDO VWHS LQ WKH
Appeals process for Augusta-Richmond County. The parties shall have
thirty (30) days to file a judicial appeal of any such decision. Such appeal
shall be by writ of certiorari to the Superior Court of Richmond County.
Sec. 1-10-92. Contract claims.
Decision of Augusta-Richmond County Administrator. All claims by a
contractor or vendor against Augusta-Richmond County relating to a
contract shall be submitted in writing to the Augusta-Richmond County
Administrator through the officially designated Augusta-Richmond County
Project Manager. The contractor or vendor may request a conference on the
claims. Claims include, without limitation, disputes arising under a contract,
and those based upon breach of contract, mistake, misrepresentation, or
other cause for contract modification or rescission.
Sec. 1-10-93. Augusta-Richmond County's right to amend bid
solicitations or awards that are in violation of law.
Applicability. This section applies where it is determined by administrative
review that a solicitation or award of a contract is in violation of applicable
law. For purposes of this section administrative review shall refer to a
review by the Procurement Director and/or Augusta-Richmond County
Administrator in consultation with the General Counsel.
(a) Prior to bid opening or closing date for receipt of proposals. If prior
to the bid opening or the closing date for receipt of proposals, the
Procurement Director, after consultation with the Augusta-Richmond
County Administrator, and the Augusta-Richmond County General
Counsel, determines that a solicitation is in violation of federal, state,
or local law or ordinance, then the solicitation shall be canceled or
revised to comply with applicable laws.
(b) Prior to award. If after bid opening or the closing date for receipt of
proposals, the Procurement Director, after consultation with the
Administrator or his designee, and the Augusta-Richmond General
Counsel determine that a solicitation or proposed award is in violation
of federal, state or municipal law, then the solicitation or proposed
award shall be canceled.
Attachment number 2Page 96 of 113
Draft procurement Code 4/12/10 version
Page 97 of 111
(c) After award. If, after an award, the Procurement Director, after
consultation with the Administrator and the Augusta-Richmond
General Counsel, determines that a solicitation or award of a contract
was in violation of applicable law, the following options shall be
available to Augusta-Richmond County:
(1) The contract may be ratified and affirmed, provided it is
determined that doing so is in the best interest of Augusta-
Richmond County and the person or company awarded the
contract has not acted fraudulently or in bad faith; or
(2) If services or work have not commenced under the contract, it
may be terminated and declared null and void; or
(3) If services or work have commenced under the contract, it may
be terminated and the person awarded the contract shall be
compensated for the actual expenses reasonably incurred for
partially performing and in terminating its performance under
the contract; or
(Ord. No. 6939, § 16, 1-2-07).
ARTICLE 10
TYPES OF CONTRACTS
Sec. 1-10-94. Authority to approve, sign and execute contracts by type.
(a) Generally. The following section establishes five (5) types of
purchases: (1) major purchases, (2) standard purchases, (3) small
purchase, (4) using agency purchase, and (5) emergency purchases.
Each type of purchase has its parameters involving: (1) value of
purchase, (2) level of approval required within the organization for the
purchase, (3) level of budget authorization given for the purchase, (4)
level of authority required for the source selection process, and (5)
person within the organization charged with the responsibility to sign
the purchase contract document.
Attachment number 2Page 97 of 113
Draft procurement Code 4/12/10 version
Page 98 of 111
(b) Major purchase contracts. Capital equipment, construction and all
services purchase contracts with a value of forty thousand dollars
($40,000.00) or more must have:
(1) Specific project concept approval by the Commission;
(2) Specific budget approval (listed in budget) or special funding
authorization by the Commission;
(3) Commission approval of the source selection method and award
of contract; and
(4) Contract to be signed by the Mayor.
(c) Standard purchase contracts. Goods and services purchase contracts
with a value less than forty thousand dollars ($40,000.00) but more
than one thousand five hundred dollars ($1,500.00) must have:
(1) General project concept approval by the Commission and/or
Augusta-Richmond County Administrator; and
(2) General budget approval by the Commission and specific
budget approval of the Administrator, or special funding
authorization by the Commission or the Administrator (if the
transfer of funds is necessary and general project concept not
approved previously by the Commission); and
(3) Administrator approval of source selection method and award
of contract; and
(4) Contract to be signed by the Mayor.
(d) Small purchase contracts. Small purchases of less than $1,500 but
more than five hundred dollars ($500.00) must have:
(1) General project concept approval by the Commission or
Augusta-Richmond County Administrator; and
(2) General budget approval by the Commission (e.g. could be
specified within a larger account) and specific budget approval
Attachment number 2Page 98 of 113
Draft procurement Code 4/12/10 version
Page 99 of 111
of using agency head as designee of the Administrator, or
special funding authorization by the Administrator (when
transfer of funds is necessary and general project concept not
previously approved by the Commission or Administrator); and
(3) Using agency head approval of source selection method and
Administrator award of contract; and
(4) Small purchase orders to be signed by the Procurement Director
or designee.
(e) Using agency purchase contracts. Using agency purchases (as defined
elsewhere) of less than five hundred dollars ($500.00) must have:
(1) Specific project concept approval by the Commission; and
(2) General budget approval by the Commission (e.g. could be specified
within a larger account) and specific budget approval of using agency
head as designee of the Augusta-Richmond County Administrator;
and
(3) Using agency head approval of the source selection method and award
of contract; and
(4) Purchase order to be signed by the Procurement Director.
(f) Emergency purchase contracts. Emergency purchases (as defined
elsewhere) regardless of the amount of the purchase must have:
(1) Specific project concept approval by the Commission; and
(2) General budget approval by the Commission (e.g. could be
unspecified within a larger account) and specific budget
approval of the using agency head as the Administrator's
designee; and
(3) Using agency head approval of the source selection method and
award of contract if during non-standard working hours, or by
the Administrator during normal working hours; and
Attachment number 2Page 99 of 113
Draft procurement Code 4/12/10 version
Page 100 of 111
(4) Contract/small purchase order to be signed by the
Administrator, using agency head, or Mayor based on the value
of the purchase.
(Ord. No. 6939, §§ 14, 16, 1-2-07).
Sec. 1-10-95. Public Works Contracts.
Augusta-Richmond County is authorized to utilize any construction delivery
method, provided that places the bidder or offeror at risk for construction;
and requires labor or building materials in the execution of the contract shall
be awarded on the basis of competitive sealed bidding or competitive sealed
proposals.
(a) Waiver of Technicalities. Augusta-Richmond County shall have the
authority to reject all bids or proposals or any bid or proposal that is
nonresponsive or not responsible and to waive technicalities and
informalities.
(b) Modifications or Addenda to Public Works Plans and Specifications.
Augusta-Richmond County shall not issue or cause to be issued any
addenda modifying plans and specifications within a period of 72
hours prior to the advertised time for the opening bids or proposals,
excluding Saturdays, Sundays, and legal holidays. However, if the
necessity arises to issue an addendum modifying plans and
specifications within the 72 hour period prior to the advertised time
for the opening of bids or proposals, excluding Saturdays, Sundays,
and legal holidays, then the opening of bids or proposals shall be
extended at least 72 hours, excluding Saturdays, Sundays, and legal
holidays, from the date of the original bid or proposal opening without
need to readvertise as required by O.C.G.A. § 36-91-20 (b).
(c) Change Orders. Augusta-Richmond County bid and contract
documents may contain provisions authorizing the issuance of change
orders, without the necessity of additional requests for bids or
proposals, within the scope of the project when appropriate or
necessary in the performance of the contract. Change orders may not
be used to evade the purposes open, fair and competitive public
bidding on public works contracts.
(d) Notice to Proceed. The Procurement Director shall, after consultation
with the using agency, issue a Notice to Proceed to the contractor,
Attachment number 2Page 100 of 113
Draft procurement Code 4/12/10 version
Page 101 of 111
stating the name of the project, the date upon which the project is to
begin, the contact name and telephone number for the using agency
and the contract term.
(e) Registration and Participation of Contractors pursuant to the Georgia
Security and Immigration Compliance Act and the Immigration
Reform and Control Act of 1986. All contractors and subcontractors
entering into contracts with Augusta-Richmond County 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-Richmond County has registered with and is
participating in a federal work authorization program [any of 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.
ARTICLE 11
COOPERATIVE PROCUREMENT
Sec. 1-10-96. Cooperative procurement agreement.
Cooperative procurement may be agreed to between Augusta-Richmond
County and other public procurement units. Written agreements are
encouraged so as to clearly document the requirements and any special
conditions of purchase should a public solicitation be utilized.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-97. Sale, acquisition, or use of supplies.
Augusta-Richmond County may sell to, acquire from, or use any supplies
Attachment number 2Page 101 of 113
Draft procurement Code 4/12/10 version
Page 102 of 111
belonging to another public procurement unit independent of the
requirements of Article 6 (Procurement Source Selection Methods and
Contract Awards) and Article 13 (Supplies and Fixed Assets Management
Programs).
Sec. 1-10-98. Cooperative use of supplies or services.
Augusta-Richmond County may enter into an agreement with any public
procurement unit for the cooperative use of supplies or services under the
terms agreed upon between the parties.
Sec. 1-10-99. Joint use of facilities.
Augusta-Richmond County may enter into agreements for the common or
joint use or lease of warehousing facilities, capital equipment, and other
facilities with any public procurement unit under the terms agreed upon
between the parties.
Sec. 1-10-100. Use of state contracts.
Augusta-Richmond County may procure supplies, services or construction
items through contracts established by the Procurement Division of the State
of Georgia where such contracts and contractors substantially meet the
requirements of the AUGUSTA, GA. CODE.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-101. Purchase of surplus and excess property.
Augusta-Richmond County may purchase surplus and excess personal and
real property from the United States Government or any other public
procurement unit upon verification of need, fund availability, and approval
by the appropriate level of authority within Augusta-Richmond County.
Sec. 1-10-102. Waiver.
Any use of cooperative procurement as described above is independent of
the requirements for source selection and contract award as described in
Article 6 of this chapter.
Attachment number 2Page 102 of 113
Draft procurement Code 4/12/10 version
Page 103 of 111
ARTICLE 12
CONTRACT ADMINISTRATION AND MANAGEMENT
Sec. 1-10-103. Purpose.
A contract administration system, designed to insure that a contractor is
performing in accordance with the solicitation under which the contract was
awarded, shall be maintained by the Procurement Director with assistance
from the using agency. Effective administration therefore includes the
development of concise and competitive specifications, well developed
terms and conditions of contract, and prompt, efficient day-to-day
administration. Contract administration generally shall be the responsibility
of the using agency requesting the commodity, general or construction
service, except that certain specialized contracts may be administered by
selected trade professionals, e.g., architects, engineers, construction
managers, etc.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-104. Augusta-Richmond County contracts and contract
clauses.
(a) Use of model (standard) contracts and clauses. The Procurement
Director, after consultation with the Augusta-Richmond County
Administrator, using agency head, and Augusta-Richmond County
General Counsel, may establish standard contract clauses for use in
Augusta-Richmond County contracts for various commodities,
services and construction products. Such contracts shall include
provisions necessary to clearly define the responsibilities and rights
of the parties to the contract.
(b) Provisions of Augusta-Richmond County contracts. Whether
designed as a model or standard contract provision or specifically
tailored for a particular contract, all Augusta-Richmond County
contracts should include provisions for:
(1) The unilateral right of Augusta-Richmond County to order in
writing a temporary stopping of the work, or delaying
performance that does not alter the scope, of the contract;
Attachment number 2Page 103 of 113
Draft procurement Code 4/12/10 version
Page 104 of 111
(2) Variations, occurring between estimated quantities of work in
contract and actual quantities;
(3) Defective pricing;
(4) Liquidated damages;
(5) Specified excuses for delay or non-performance;
(6) Termination of the contract for default;
(7) Termination of the contract in whole or in part for the
convenience of Augusta-Richmond County;
(8) Payment procedures;
(9) Hold harmless provisions;
(10) Prohibition against contingent fees;
(11) Suspension of work on a construction project ordered by
Augusta-Richmond County;
(12) Site conditions differing from those indicated in the contract, or
ordinarily encountered, except that a differing site conditions
clause need not be included in a contract:
(i) When the contract is negotiated,
(ii) When the contractor provides the site or design, or
(iii) When the parties have otherwise agreed with respect to
the risk of differing site conditions, and
(13) Insurance requirements.
(14) Contractor's consent to venue in the Superior Court of
Richmond County, Georgia;
Attachment number 2Page 104 of 113
Draft procurement Code 4/12/10 version
Page 105 of 111
(15) Provision that the terms of the contract supersedes any and all
provisions of the Georgia Prompt Pay Act.
(16) An acknowledgement by all parties contracting with Augusta-
Richmond County as follows:
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-Richmond County's ability to
assume contractual obligations and the consequences of
Contractor's provision of goods or services to Augusta-
Richmond County 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-Richmond County under a contract that has
not received proper legislative authorization or if the Contractor
provides goods or services to Augusta-Richmond County in
excess of the any contractually authorized goods or services, as
required by Augusta-Richmond County's Charter and Code,
Augusta-Richmond County 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-Richmond
County, and it waives all claims to payment or to other
remedies for the provision of any unauthorized goods or
services to Augusta-Richmond County, however characterized,
including, without limitation, all remedies at law or equity."
This acknowledgement shall be a mandatory provision in all
countyAugusta-Richmond County contracts for goods and
services, except revenue producing contracts.
(17) Use of CountyAugusta-Richmond County Landfill. All
contracts for contractors performing demolition and/or
construction projects for Augusta-Richmond County shall
contain a provision requiring that all debris, trash and rubble
from the project be transported to and disposed of at the
Attachment number 2Page 105 of 113
Draft procurement Code 4/12/10 version
Page 106 of 111
Augusta-Richmond County Solid Waste Landfill in accordance
with local and state regulations. The contractor shall provide
evidence of proper disposal through manifests, which shall
include the types of material disposed of, the name and location
of the disposal facility, date of disposal and all related fees.
(18) All contractors and subcontractors entering into contracts with
Augusta-Richmond County 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-Richmond County has registered with and is
participating in a federal work authorization program [any of
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
connection with the physical performance of services pursuant
to its contract with Augusta-Richmond County the contractor
will secure from such subcontractor(s) similar 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- Richmond County at the time the
subcontractor(s) is retained to perform such physical services.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-105. Contract modification and price adjustments.
(a) Modifications. Every modification to a contract with Augusta-
Richmond County shall be subject to approval by the Commission
Attachment number 2Page 106 of 113
Draft procurement Code 4/12/10 version
Page 107 of 111
prior to execution. A contract modification does not require
Commission action if a contingency amount has been approved and
the contract modification is within that amount and provided the
Augusta-Richmond County Administrator has been contractually or
otherwise specifically designated by the Commission for such
purpose.
In instances where the Procurement Director, architect/engineer, or
project manager, with the approval of the using agency head, and
Administrator, determine that the contract modification or change
order cannot be delayed without substantial delay and cost to
Augusta-Richmond County and funds are available and the
appropriate budget transfer is made, the Administrator may authorize
the appropriate action.
(b) Price adjustments. Adjustments in price in contracts shall be
computed in one or more of the following ways:
(1) By agreement on a fixed price adjustment before
commencement of the pertinent performance or as soon
thereafter as practicable;
(2) By unit prices specified in the contract or subsequently agreed
upon;
(3) By the costs attributable to the events or situations under such
clauses with adjustment of profit or fee, all as specified in the
contract or subsequently agreed upon; and
(4) In such other manner as the contracting parties may mutually
agree upon.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-106. Bid security.
(a) Requirement for bid security. Bid security shall be required for all
competitive sealed bids for construction contracts when the price is
estimated by the Procurement Director to exceed forty thousand
dollars ($40,000.00).
(b) Amount of bid security. Bid security shall be in an amount equal to at
least ten (10) percent of the amount of the bid.
Attachment number 2Page 107 of 113
Draft procurement Code 4/12/10 version
Page 108 of 111
(c) Rejection of sealed bids for noncompliance with bid security and
authority. If required, and the bid security is not included with the bid,
the Procurement Director shall recommend to the Commission that
the bid be rejected.
(d) Withdrawal of bids. If a bidder is permitted to withdrawn its bid
before award as provided in section 1-10-50(g) Sealed Bidding;
Correction or Withdrawal of Bids no action shall be taken against the
bidder or the bid security and the bidder may be entitled to the return
of its bid security).
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-107. Contract performance and payment bonds.
(a) Performance bonds or security shall be delivered to Augusta-
Richmond County and shall become binding on the parties upon the
execution of the contract to provide a performance bond satisfactory
to Augusta-Richmond County.
(b) Payment bond satisfactory to Augusta-Richmond County for the
protection of all persons supplying labor and material to the contractor
or its subcontractors for the performance of the work provided for in
the contract.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-108. Bond forms and copies.
The form of payment and performance bonds and other required bonds shall
be prescribed by the Augusta-Richmond County General Counsel. Any
person may request and obtain from Augusta-Richmond County a certified
copy of a bond upon payment of the cost of reproduction of the bond and
postage, if any. A certified copy of a bond shall be prima facie evidence of
the contents, execution, and delivery of the original.
Sec. 1-10-109. Retainage.
(a) Maximum amount to be withheld. In any contract or subcontract for
Attachment number 2Page 108 of 113
Draft procurement Code 4/12/10 version
Page 109 of 111
construction which provides for progress payments in installments
based upon an estimated percentage of completion with a percentage
of the contract's proceeds to be retained by Augusta-Richmond
County pending completion of the contract or subcontract, the
retained amount of each progress payment or installment shall be no
more than ten (10) percent). The retainage may be reduced to five (5)
percent after fifty (50) percent of the work is complete if Augusta-
Richmond County desires.
(b) When used. Retainage may be applied to any construction contract,
regardless of the dollar amount and its use shall be set forth in the
invitation for bids or proposals.
(c) Release of retainage. Funds held by Augusta-Richmond County as
retainage under the contract shall be released upon completion and
acceptance of work except as described in the contract.
(d) No interest on retainage. No interest shall be due to any contractor on
any sum held as retainage pursuant to any construction contract.
Sec. 1-10-110. Wage and requirements for federally funded projects.
When a project has federal funds, the prevailing wages paid shall correspond
as nearly as practicable to those prescribed in the Federal Davis Bacon Act
when required. The wage scale shall be posted by the contractor in a
prominent and easily accessible place at the site of work in accordance with
Federal Government requirements.
Sec. 1-10-111. Approval of accounting system.
Except with respect to firm fixed-price contracts, no contract type shall be
used unless it has been determined in writing by Augusta-Richmond County
that:
(a) The proposed contractor's accounting system will permit timely
development of all necessary cost data in the form required by the
specific contract type completed; and
(b) The proposed contractor's accounting system is adequate to allocate
Attachment number 2Page 109 of 113
Draft procurement Code 4/12/10 version
Page 110 of 111
costs in accordance with generally accepted cost accounting
principles.
Sec. 1-10-112. Contractual provisions for worksite inspections.
All contracts shall provide that Augusta-Richmond County may, at
reasonable times, inspect the part of the plant, place of business, or work site
of a contractor or subcontractor or subunit thereof which is pertinent to the
performance of any contract awarded or to be awarded by Augusta-
Richmond County.
Sec. 1-10-113. Contractual provisions for auditing records.
(a) Audit of costs or pricing data. All contracts shall provide that
Augusta-Richmond County may at reasonable times and places, audit
the books and records of any contractor who has submitted cost or
pricing data to the extent that such books, documents, papers, and
records are pertinent to such cost or pricing data. Any person who
received a contract, change order, or contract modification for which
cost or pricing data is required, shall maintain such books, documents,
papers, and records that are pertinent to such cost or pricing data for
three (3) years from the date of final payment under the contract.
(b) Contract audit. All contracts shall provide that Augusta-Richmond
County shall be entitled to audit the books and records of a contractor
or subcontractor at any time under any negotiated contract or
subcontract other than a firm fixed-price contract to the extent that
such books, documents, papers, and records are pertinent to the
performance of such contract or subcontract. Such books and records
shall be maintained by the contractor for a period of three years from
the date of final payment under the prime contract and by the
subcontractor for a period of three years from the date of final
payment under the subcontract.
ARTICLE 13
SUPPLIES AND FIXED ASSETS MANAGEMENT PROGRAMS
Sec. 1-10-114. Surplus supplies.
Attachment number 2Page 110 of 113
Draft procurement Code 4/12/10 version
Page 111 of 111
(a) Generally, salvageable surplus supplies are divided into categories as
described below:
(1) Scrap. Any ferrous supplies that can be used for remelting to produce
iron, steel, or its alloys.
(2) Waste. All non-metallic refuse which has market value, e.g. paper.
(3) Worn or damaged. Either scrap or waste supplies that may be sold or
used as trade-in.
(4) Obsolete and surplus. Any supplies that are of no use by Augusta-
Richmond County.
(5) Excess. Any supply that does not have a useful purpose for a
particular department or agency. The supply may have value, within
other departments or Augusta-Richmond County agencies and may be
transferred. Nothing herein refers to the sale, lease or disposal of real
property.
Sec. 1-10-115. Fixed asset management.
The Fixed Assets Management function in Augusta-Richmond County was
implemented for the purpose of surveying and documenting all
CountyAugusta-Richmond County owned personal assets, performing
regular audits of CountyAugusta-Richmond County assets, centralizing the
administration and control of excess supplies and determining whether
excess supplies are suitable for other uses prior to disposition and prior to
procuring new items of similar quality and functionality. Also, the
Procurement Director shall regularly check with agencies regarding the use
and availability of excess or potentially surplus items.
With respect to surplus supplies, all using agencies shall submit to the
Procurement Director, at such times and in such forms as prescribed, reports
showing stocks of all supplies which are no longer used or which have
become obsolete, worn out or scrapped. The Fixed Assets Manager shall
determine whether the item(s) can be relocated for further use by other
departments or agencies prior to disposition. If the item(s) has no further use
to Augusta-Richmond County, the Procurement Director shall prepare a
Attachment number 2Page 111 of 113
Draft procurement Code 4/12/10 version
Page 112 of 111
report to the Augusta-Richmond County Administrator advising that office
of the item(s) available for disposition.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-116. Supplies management.
(a) Responsibility. The Procurement Director has responsibility for the
sale, lease, or disposal of surplus supplies. No employee or official of
Augusta-Richmond County or their agent shall be entitled to purchase
such supplies.
(1) The Procurement Director is responsible for the sale, or
disposal of supplies via means described below; except that it
shall first be determined that the item(s) has no further use by
Augusta-Richmond County.
(2) The Procurement Director shall handle the procurement of
auction facilities and professional auction services, and the
advertisement process, or coordinate the sealed bidding process.
(3) The Augusta-Richmond County Commission shall authorize
the sale, lease, or disposal of surplus supply items when
necessary and appropriate.
(b) Surplus supplies--How disposed.
(1) Auction or sealed bids.
(2) Transfer to other using agency or public entity.
(3) Trade-in on new supplies or equipment.
(c) Award. Award shall be made in accordance with the invitation for
bids or public outcry to the highest bidder if the price is reasonable
and acceptable to Augusta-Richmond County.
(d) Payment. U.S. currency, U.S. Postal Money Orders, local personal
checks, certified checks, or cashier's checks are acceptable methods of
payment.
Attachment number 2Page 112 of 113
Draft procurement Code 4/12/10 version
Page 113 of 111
(1) Held at a place reasonably available to persons who might
desire to attend and submit bids; and
(2) At which those attending shall be given the opportunity to bid
on a competitive basis; and
(3) At which the sale, if made, shall be made to the highest and best
bidder; and
(4) Except as otherwise provided in this title for advertising or
dispensing with the advertising of public sales, of which notice
is given by advertisement once a week for two weeks in the
newspaper in which the sheriff's advertisements are published,
in Augusta-Richmond County where the sale is to be held, and
which notice shall state the day and hour, between 10:00 a.m.
and 4:00 p.m., and the place of sale, and shall briefly identify
the goods to be sold.
Sec. 1-10-117. Severability.
Should any section, paragraph, subdivision, clause, phrase, or provision of
this chapter be adjudged invalid or held unconstitutional by a court of
competent jurisdiction, such declaration shall not affect the validity of this
chapter as a whole or any part or provisions thereof, other than the part so
decided to be invalid or unconstitutional.
Sec. 1-10-117 through Sec. 1-10-999. Reserved.
Attachment number 2Page 113 of 113
Commission Meeting Agenda
5/18/2010 5:00 PM
2010 Fire Light Vehicles
Department:Finance Department, Fleet Management
Caption:Motion to approve the replacement of 3 light vehicles for the Fire
Department. (Approved by Finance Committee May 10, 2010)
Background:Consistent with the provisions of the Fleet Replacement Policy approved in
April 2004, 8 vehicles of the Fire Department (Administration) were
evaluated for replacement. Of the 8 vehicles of the Fire Department that
were evaluated, 3 vehicles are being recommended by the Fire Chief for
replacement and all have met the replacement criteria. Evaluation results are
attached for review. Two compact pickup trucks from the Fire Bureau are
being recommended and one Taurus is recommended. The Taurus was
supporting the Arson Investigator. Based on the mission of the Arson
Investigator a Ford Explorer is recommended as most appropriate to support
the needs of the investigator ( for carrying specialized equipment and
evidence collection and transport).
Analysis:Fleet Management submitted a request for bids through the Procurement
Department utilizing the Demand Star electronic bid system which offers
nationwide bid coverage for the Ford Rangers, Bid 09-167. Four bids were
received by the Procurement Department and are provided on the attachment
(09-167 Ford Rangers – Fire) . Bobby Jones Ford will use the Local Vender
Preference provision to win the bid for the Rangers matching the bid
provided by Legacy Ford. The pricing for the Explorer is from the Georgia
State Contract which is by Alan Vigil Ford. State Contract documents are
attached for review.
Financial Impact:The cost for the Ford Rangers is $14,500 each and the Explorer (4X2) is
$21,627.00 for a total of $50,627. Funding for the purchase of these vehicles
is from the Fire Department’s Capital Outlay account.
Alternatives:1.0 Approve the request, 2.) Disapprove the request, 3.) Approve the request
in part.
Recommendation:Approve the replacement of three light vehicles for the Augusta Fire
Department for a total expenditure of $50,627.00.
Funds are Available in
the Following
Accounts:
274-03-4110/5426120 Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
COMPACT PICKUP TRUCK-BID OPENING 10/27/09 @ 11:00
BID 09-167 Allen Vigil Bobby Jones Legacy Terry Cullen
Ford Ford Ford Chevrolet
Year 2010 2010 2010 2010
Brand Ford Ford Ford Ford
Model Ranger Ranger Ranger Ranger
Delivery Date 60 Days 120 Days 90 Days 90 Days
5.01 Model -EC-4x2 (4 Cyl)$13,483.00 $13,751.00 $13,522.00 $15,850.00
6 OUTFITTER'S SPECIALTY ITEMS
6.01 Fire Extinguisher 69$ 45$ 70$ 75$
6.02 Three Plug Outlet Receptacle 33$ 45$ 35$ 40$
6.03 Bed Liner 300$ 275$ 275$ 400$
6.04 ToolBox 355$ 239$ 245$ 300$
6.05 Class III Trailer Hitch
6.06 Trailer Wiring
6.07 2" Trailer Ball
6.08 Window Tint 155$ 95$ 205$ 200$
6.09 Safety Cone Holder
6.1 Safety Cones
7 ALERT WARNING SYSTEMS
7.01 Backup Alarm 60 48 65 75
7.02 Cab Mount LED Flashiong Light
TOTAL $14,455.00 $14,498.00 $14,417.00 $16,940.00 TOTAL
$14,417.00
NOTE:BOBBY JONES FORD WILL MATCH LOW BID THROUGH THE
LOCAL VENDOR PREFERENCE PRIOGRAM
Attachment number 2Page 1 of 2
H THE
Attachment number 2Page 2 of 2
Attachment number 3Page 1 of 8
Attachment number 3Page 2 of 8
Attachment number 3Page 3 of 8
Attachment number 3Page 4 of 8
Attachment number 3Page 5 of 8
Attachment number 3Page 6 of 8
Attachment number 3Page 7 of 8
Attachment number 3Page 8 of 8
Attachment number 4Page 1 of 3
Attachment number 4Page 2 of 3
Attachment number 4Page 3 of 3
Invitation To Bid
Sealed bids will be received at this office until 11:00 a.m. Tuesday, October 27, 2009 for furnishing:
Bid Item #09-167 Compact Pickup Truck for Fleet Department
Bid Item #09-168 6000 GVW Series Pickup Truck for Fleet Department
Bid Item #09-169 Full Size Van for Fleet Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular
business hours at the offices of Augusta, GA Procurement Department. All questions must be
submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by
mail. No bid will be accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local
bidder and receive bid preference on an eligible local project, the certification statement as a
local bidder and all supporting documents must be submitted to the Procurement
Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and
conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle September 24, October 1, 8, 15, 2009
Metro Courier September 30, 2009
cc: Tameka Allen Interim Deputy Administrator
Ron Crowden Fleet Department
Attachment number 5Page 1 of 1
Vendors
Bobby Jones Ford
PO Box 15398
Augusta, GA 30919
Legacy Ford, Inc.
413 Industrial Blvd
McDonough, GA
Gordon Chevrolet
2031 Gordon Hwy
Augusta, GA
30909
Allen Vigil F-L-M
6790 Mt Zion Blvd
Morrow, GA 30909
Terry Cullen Chevy
1250 Battle Creek
Jonesboro, GA
Duval Ford
5203 Waterside
Jacksonville, FL
5.00 Vehicle
Requirements Bid Price Bid Price Bid Price Bid Price Bid Price Bid Price
5.01
Compact Pickup $13,751.00 $13,522.00 $13,483.00 $15,850.00
5.02
Compact Pickup $15,161.00 $14,799.00 No Bid $16,690.00
5.03
Compact Pickup $17,154.00 $16,794.00 $16,698.00 $19,840.00
6.00 Outfitter's Spec
6.01-Fire
Extinguisher $45.00 $70.00 $69.00 $75.00
6.02-Outlet
receptacle $45.00 $35.00 $33.00 $40.00
6.03-Bedliner $275.00 $275.00 $300.00 $400.00
6.04-Toolbox $239.00 $245.00 $355.00 $300.00
6.05-Trailer hitch $170.00 $398.00 $55.00 $400.00
6.06-Trailer wiring $25.00 No Charge Standard No Charge
6.07-Trailer ball $11.00 $25.00 $25.00 $25.00
6.08-Window tint $95.00 $205.00 $155.00 $200.00
6.09-Safety cones
holder $40.00 $47.00 $45.00 $50.00
6.10-Safety cones $115.00 $80.00 $76.00 $80.00
7.00 Alert Warn
7.01-Backup alarm $48.00 $65.00 $60.00 $75.00
7.02-LED top mount
light $402.00 $430.00 $424.00 $450.00
Approximate
Delivery 90-120 Days 65 Days ARO No-Bid 7-9 Weeks 100 Days
Non-Compliant
Subcontractor
Affidavit, Non-
Collusion
Affidavit of
Subcontractor,
LSB Good Faith
Efforts, and LSB
Subcontractor/
Supplier
Utilization Plan
forms not
properly
executed
Bid #09-167
2010 - Compact Pickup Truck
for The City of Augusta - Fleet Department
Bid Opening Date: Tuesday, October 27, 2009 at 11:00 a.m.
Local vendors are
highlighted in blue.
Attachment number 6Page 1 of 1
Attachment number 7Page 1 of 2
Attachment number 7Page 2 of 2
Commission Meeting Agenda
5/18/2010 5:00 PM
2010 Fleetwood Trailer
Department:Finance Department-Fleet Management Division
Caption:Motion to approve the request from the Fire Department to declare a 1998
Fleetwood Trailer surplus and available for sale using the internet auction
service. (Approved by Finance Committee May 10, 2010)
Background:Chief Howard Willis has contacted Fleet Management requesting the 1998
Fleetwood Trailer, currently located behind Station # 5 on Martin Luther
King Blvd. be disposed of. This single wide trailer was used as a temporary
station in the 3500 block of Wrightsboro Road in early 2000 until the
construction of Station 15 was completed. The trailer was moved to the rear
of Station #5 where it has remained. The trailer is in poor condition, there
has been some vandalism specifically one outer window has been broken
and the front door has been forcibly opened so the door can no longer be
locked. As a result the floor behind the door has had significant water
damage. There is mold under one of the windows in the living room and
several places where the carpet has been torn out and door trim
removed. Holes are present in the walls. Photographs are attached for
review.
Analysis:This trailer has no value to this Government and should be sold as soon as
possible. There is a possibility that Augusta will not be able to sell the trailer
due to its current condition. Should this be the case Fleet Management could
look into finding someone who will take the trailer at no cost, otherwise
Augusta Fire Department will be forced to demolish the trailer on location
and incur the cost of demolition and removal.
Financial Impact:Should the item be sold on the GovDeals website, Augusta will pay
GovDeals a service fee of 7.5% of the winning bid. Should there be no bids
then Augusta will incur those costs with the disposal of the trailer.
Alternatives:1. Approve the recommendation to dispose of the trailer. 2. Do not approve
the request.
Recommendation:Declare the trailer surplus and auction the trailer on GovDeals.com. In the
event that there are no bids, dispose of the trailer in the most economical
manner.
Funds are Available in
the Following
Accounts:
None required.Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Attachment number 2Page 1 of 1
Attachment number 3Page 1 of 1
Attachment number 4Page 1 of 1
Attachment number 5Page 1 of 1
Attachment number 6Page 1 of 1
Attachment number 7Page 1 of 1
Commission Meeting Agenda
5/18/2010 5:00 PM
2010 Utilities - C&M Sewer Rodder
Department:Finance Department, Fleet Management Division
Caption:Motion to approve the replacement of one sewer rodder truck for the
Utilities Department-Construction and Maintenance Division. (Approved
by Finance Committee May 10, 2010)
Background:The Utilities Department – Construction and Maintenance Division is
requesting the replacement of 1 full size utility body truck, asset number
F02133, a 2001 model truck with a disabled engine and high mileage and
idle time. This type of truck is critical in the ongoing process of debris
removal and cleaning of sewer pipes throughout Augusta. The evaluation
sheet for this truck is included as an attachment to the agenda. In January
2010 this truck was taken to the maintenance shop for replacement of a bad
water pump and running rough. The water pump was replaced and the
diagnosis of the engine running rough was due to fouled injectors. The
vehicle was taken to the vender and the final diagnosis for repair was to
replace the injectors and also the engine as there was metal in the oil. The
vehicle was determined to be uneconomically repairable. This vehicle is
recommended for replacement.
Analysis:Fleet Management submitted a request for bids through the Procurement
Department utilizing the Demand Star electronic bid system which offers
nationwide bid coverage. Two bids were received as follows: Bid 10-101:
Bobby Jones = $81,273.00; Adams Equipment Company = $88,965.00;
NOTE: Bobby Jones Ford has offered Augusta a further savings of $5,000
by utilizing their “non robotic” rodder system. We would like to accept their
offer which would bring the final cost down to $76,273.00. See attachment
vendor’s letter
Financial Impact:The Utilities Department will utilize the GMA lease program and incur an
annual premium of $25,424.33 for three years for a final cost of $ 76,273.00.
Alternatives:1. Approve the award to the lowest bidder, Bobby Jones Ford of Augusta,
Georgia 2.Do not approve the request.
Recommendation:Approve the acquisition of one sewer rodder truck from Bobby Jones Ford
(lowest Bid offer -10-101) for $76,273.00 for the Utilities Department –
Construction & Maintenance Division.
Funds are Available in
the Following
Accounts:
GMA Lease-631-00-0000/11.19114
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Attachment number 2Page 1 of 2
Attachment number 2Page 2 of 2
Attachment number 3Page 1 of 1
Invitation To Bid
Sealed bids will be received at this office until 11:00 a.m. Tuesday, April 6, 2010 for furnishing:
Bid Item #10-101 Sewer Rodder Truck for Fleet Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular
business hours at the offices of Augusta, GA Procurement Department. All questions must be
submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by
mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All
questions are to be submitted in writing by Tuesday, March 23, 2010 by 5:00 p.m.
The local bidder preference program is applicable to this project. To be approved as a local
bidder and receive bid preference on an eligible local project, the certification statement as a
local bidder and all supporting documents must be submitted to the Procurement
Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and
conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle February 25, March 4, 11, 18, 2010
Metro Courier March 3, 2010
cc: Tameka Allen Interim Deputy Administrator
Ron Crowden Fleet Department
Attachment number 4Page 1 of 1
Ve
n
d
o
r
s
:
Ad
a
m
s
E
q
u
i
p
m
e
n
t
C
o
.
14
3
1
L
a
n
i
e
r
R
o
a
d
Wh
i
t
e
P
l
a
i
n
s
,
G
A
30
6
7
8
Bo
b
b
y
J
o
n
e
s
F
o
r
d
P.
O
.
B
o
x
1
5
3
9
8
Au
g
u
s
t
a
,
G
A
3
0
9
1
9
At
t
a
c
h
m
e
n
t
B
Ye
s
Y
e
s
Bi
d
d
e
r
s
F
o
r
m
Ye
s
Y
e
s
CH
A
S
S
I
S
:
Ye
a
r
2
0
1
1
2
0
1
1
Ma
k
e
F
o
r
d
F
o
r
d
Mo
d
e
l
F
5
5
0
4
X
4
F
5
5
0
BO
D
Y
Ye
a
r
2
0
1
0
2
0
1
0
Ma
k
e
Se
w
e
r
E
q
u
i
p
m
e
n
t
C
o
of
A
m
e
r
i
c
a
SR
E
C
O
F
l
e
x
i
b
l
e
Mo
d
e
l
8
6
6
I
I
R
o
d
d
e
r
H
S
R
S
R
3
7
5
T
M
BI
D
P
R
I
C
E
:
$
8
8
,
9
6
5
.
0
0
$8
1
,
2
7
3
.
6
4
(i
f
o
r
d
e
r
e
d
b
y
3
1
M
a
y
)
$8
3
,
8
0
5
.
6
4
(i
f
o
r
d
e
r
a
f
t
e
r
3
1
M
a
y
)
Pr
o
j
e
c
t
e
d
D
e
l
i
v
e
r
y
D
a
t
e
:
60
D
a
y
s
A
R
C
h
a
s
s
i
s
12
0
D
a
y
s
T
o
t
a
l
3
-
4
M
o
n
t
h
s
f
r
o
m
P
O
Ex
c
e
p
t
i
o
n
s
N
o
t
e
d
Bi
d
I
t
e
m
#
1
0
-
1
0
1
Se
w
e
r
R
o
d
d
e
r
T
r
u
c
k
Fo
r
t
h
e
C
i
t
y
o
f
A
u
g
u
s
t
a
-
F
l
e
e
t
D
e
p
a
r
t
m
e
n
t
Bi
d
O
p
e
n
i
n
g
D
a
t
e
:
T
u
e
s
d
a
y
,
A
p
r
i
l
6
,
2
0
1
0
a
t
1
1
:
0
0
a
.
m
.
Pa
g
e
1
o
f
1
Attachment number 5Page 1 of 1
Attachment number 6Page 1 of 2
Attachment number 6Page 2 of 2
Commission Meeting Agenda
5/18/2010 5:00 PM
2010 Utilities - Crew
Department:Finance Department, Fleet Management
Caption:Motion to approve the replacement of two utility-body crew trucks for the
Utilities Department-Construction and Maintenance Division. (Approved
by Finance Committee M ay 10, 2010)
Background:The Utilities Department – Construction and Maintenance Division is
requesting the replacement of 2 full size utility body trucks, F-450’s, asset
numbers 994207 and 994208. The trucks are 1999 models and have
excessive wear and tear. The department would like to replace these two
trucks (F-450’s-15,000 GVW) with a larger chassis truck (F-550’s-19,000
GVW) in order to avoid the suspension, steering and brake problems that
have been plaguing these units in the past. The evaluation sheets for these
trucks are included as an attachment to the agenda.
Analysis:Fleet Management submitted a request for bids through the Procurement
Department utilizing the Demand Star electronic bid system which offers
nationwide bid coverage. For the full size utility body truck, Bid 10-097,
four bids were received as follows: Allan Vigil Ford = “Non-Compliant”;
Bobby Jones = $49,768.00; Legacy Ford = $49,363.00; Wade Ford = “Non-
Compliant”. Bobby Jones Ford will exercise the Local Vendor Preference
clause of the bid contract and match Legacy Ford’s price for the bid award.
Financial Impact:The vehicles will be purchased using the GMA lease program and incur an
annual premium obligation of $32,908.66 each year for 3 years. The total
cost of the two trucks is $ 98,726.00.
Alternatives:1.0 Approve the award to the lowest bidder through the Local Vendor
Preference program , Bobby Jones Ford of Augusta, Georgia 2.)Do not
approve the request
Recommendation:Approve the acquisition of two F550 utility body trucks from Bobby Jones
Ford (lowest Bid offer -10-097) for $98,726.00 for the Utilities Department
– Construction & Maintenance Division and declare 994207 and 994298
surplus and available for auction.
Funds are Available in
the Following
Accounts:
GMA Lease program :631-00-0000/11.19114 --506-04-3410/54.22210
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Invitation To Bid
Sealed bids will be received at this office until 11:00 a.m. Friday, March 19, 2010 for furnishing:
Bid Item #10-097 17,500 GVW Truck for Fleet Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular
business hours at the offices of Augusta, GA Procurement Department. All questions must be
submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by
mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All
questions are to be submitted in writing by Tuesday, March 9, 2010 by 5:00 p.m.
The local bidder preference program is applicable to this project. To be approved as a local
bidder and receive bid preference on an eligible local project, the certification statement as a
local bidder and all supporting documents must be submitted to the Procurement
Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and
conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle February 11, 18, 25, March 4, 2010
Metro Courier February 17, 2010
cc: Tameka Allen Interim Deputy Administrator
Ron Crowden Fleet Department
Attachment number 1Page 1 of 1
Allan Vigil Ford
275 North Glynn St.
Fayetteville, GA 30214
Bobby Jones Ford
PO Box 15398
Augusta, GA 30919
Legacy Ford Inc
413 Industrial Blvd
McDonough, GA 30253
Wade Ford
3860 South Cobb Dr
Smyrna, GA 30080
Yes Yes
Yes Yes
90 - 120 days 90 -120 days
5.01 Fullsize pickup truck
$31,754.00 $30,685.00
5.02 Fullsize pickup truck $34,468.00 $33,399.00
5.03 Fullsize pickup truck
$33,440.00 $32,361.00
5.04 Fullsize pickup truck
$37,176.00 $35,947.00
5.05 Fullsize pickup truck
$34,334.00 $33,115.00
5.06 Fullsize pickup truck
$38,044.00 $36,750.00
5.07 Limited slip rear axle
$299.00 $360.00
5.08 Heavy duty cooling
standard standard
5.09 Heavy duty electrical
standard standard
5.10 Heavy duty suspension
standard $125.00
5.11 Rear seat deleted
na na
5.12 19,000 GVW payload
$959.00 $1,155.00
5.13 Trailer tow mirrors
standard standard
5.14 Roof clearance lights
standard standard
5.15 Speed control/tilt steer
$195.00 $235.00
5.16 Skid plate package
$83.00 $100.00
5.17 Power take-off provision
$232.00 $280.00
6.01 Fire extinguisher
$45.00 $60.00
6.02 Outlet receptacle
$45.00 $45.00
6.03 Electric barke controller
$120.00 $125.00
6.04 Service body dual rear
$6,367.00 $6,500.00
6.05A Crane service body
$8,100.00 $8,300.00
6.05B Service crane-lift Moore
$6,900.00 $5,500.00
6.06 J-Hook
$267.00 $275.00
6.07 Panel top for utility serv
$3,668.00 $3,868.00
6.08 Panel top for utility serv $4,275.00 $4,525.00
6.09 Service body bumper
$393.00 $395.00
Non-Compliant
Failed to provide
a proper E-Verify
User Identification
Number
Attachment B
Bidder's Form
Bid Item #10-097
17,500 GVW Truck
The City of Augusta - Fleet Department
Bid Opening Date: Friday, March 19, 2010 @ 11:00 a.m.
Vendors
Non-Compliant
Failed to provide
a proper E-verify
User Identication
Number and the
Entire Section of
Attachment B
Delivery Time
Page 1 of 2
Attachment number 2Page 1 of 2
Allan Vigil Ford
275 North Glynn St.
Fayetteville, GA 30214
Bobby Jones Ford
PO Box 15398
Augusta, GA 30919
Legacy Ford Inc
413 Industrial Blvd
McDonough, GA 30253
Wade Ford
3860 South Cobb Dr
Smyrna, GA 30080
Bid Item #10-097
17,500 GVW Truck
The City of Augusta - Fleet Department
Bid Opening Date: Friday, March 19, 2010 @ 11:00 a.m.
Vendors
6.1 Service body bumper
$304.00 $325.00
6.11 Stake body
$3,646.00 $3,846.00
6.12 Tommy gate lift
$2,000.00 $1,910.00
6.13 Spotlight
$245.00 $160.00
6.14 Spotlights
$490.00 $325.00
6.15 Toolbox $240.00 $250.00
6.16 Trailer hitch
$235.00 $210.00
6.17 Trailer wiring
$25.00 $25.00
6.18 Trailer ball $10.00 $15.00
6.19 Pintle hook
$150.00 $100.00
6.20 Pintle hook
$150.00 $125.00
6.21 Pipe vise
$253.00 $265.00
6.22 Spot mirrors
standard $5.00
6.23 Window tint, regular
$90.00 $175.00
6.24 Window tint, extend cab
$110.00 $188.00
6.25 Window tint, crew cab
$130.00 $197.00
6.26 Safety cone holder
$40.00 $35.00
6.27 Safety cones
$100.00 $81.00
7.01 Backup alarm
$48.00 $45.00
7.02 Magnetic LED light
$310.00 $395.00
7.03 LED top mount light $397.00 $495.00
7.04 Traffic advisor light bar
$580.00 $599.00
7.05 Traffic advisor light bar
$1,160.00 $1,190.00
The following vendor submitted a No Bid Response: Terry Cullen Chevrolet
The following vendor submitted a Non Responsive Bid : Allen Vigil Ford, 6790 Mt Zion Blvd, Morrow,
GA 30260
Non-Compliant
Failed to provide
a proper E-verify
User Identication
Number and the
Entire Section of
Attachment B
Non-Compliant
Failed to provide
a proper E-Verify
User Identification
Number
Page 2 of 2
Attachment number 2Page 2 of 2
Attachment number 3Page 1 of 1
19000 GVW TRUCKS
BID 10-097 Bobby Jones Legacy
Ford Ford
Year 2011 2011
Brand Ford Ford
Model F550 F550
Delivery Date 90-120 Days 90-120 Days
5.05 Price - CC-4x2 $34,334.00 $33,115.00
5.07 Limited Slip Rear Axle 299.00 360.00
5.08 HD Cooling Package 0.00 0.00
5.09 HD Electrical Package 0.00 0.00
5.10 HD Suspension Package 0.00 125.00
5.12 19,000 GVW Payload 959.00 1,155.00
5.13 Trailer Tow Mirrors 0.00 0.00
5.14 Roof Clearance Lights 0.00 0.00
6.00 OUTFITTER'S SPECIALTY ITEMS
6.01 Fire Extinguisher 45.00 60.00
6.02 Three Plug Outlet Receptacle 45.00 45.00
6.03 Electric Brake Controller 120.00 125.00
6.04 11' Service Body 6,367.00 6,500.00
6.06 J Hooks and Railing 267.00 275.00
6.08 Panel Top-72"4,275.00 4,525.00
6.10 Service Body Bumper-Pintle 304.00 325.00
6.14 Dual Spotlights 490.00 325.00
6.17 Trailer Wiring 25.00 25.00
6.20 Pintle Hook-Dual Purpose 150.00 125.00
6.21 Pipe Vise-Rigid Model 40195 253.00 265.00
6.22 Spot Mirrors 0.00 5.00
6.25 Window Tint-CC 130.00 197.00
6.27 Safety Cones-4 100.00 81.00
7.00 ALERT WARNING SYSTEMS
7.01 Backup Alarm 48.00 45.00
7.03 Cab Mount LED Light 397.00 495.00
7.05 Traffic Advisor-Dual 1,160.00 1,190.00
$49,768.00 $49,363.00
$49,363.00
FOR ALL DEPARTMENTS-17,500 GVW TRUCKS-BID OPENING MARCH 19 @ 11:00
Attachment number 4Page 1 of 1
Attachment number 5Page 1 of 4
Attachment number 5Page 2 of 4
Attachment number 5Page 3 of 4
Attachment number 5Page 4 of 4
Commission Meeting Agenda
5/18/2010 5:00 PM
2010 Utilities Backhoe
Department:Finance Department, Fleet Management Division
Caption:Motion to approve request from Utilities Department-Construction &
Maintenance Division to replace one Backhoe Loader (4X4). (Approved by
Finance Committee May 10, 2010)
Background:The Augusta Utilities Department-Construction and Maintenance Division
requests the replacement of one 4X4, rubber tired, backhoe/loader, asset
number F00168. Backhoe loaders are critical and essential to the
maintenance of water and sewer lines. Two backhoes were reviewed for
replacement and one met the requirements for replacement. The evaluation
of the 2001 backhoe to be replaced in attached for review.
Analysis:Fleet Management submitted a request for bids through the Procurement
Department utilizing the Demand Star electronic bid system which offers
nationwide bid coverage. The Procurement Department received quotes
back from 2 vendors on bid 10-105 with the following results: (1) ASC
Construction Equipment Company did not meet bid specifications; (2)
Border Equipment Company = $71,098.00.
Financial Impact:The unit will be purchased for $71,098 using the GMA lease program, with
an annual premium of $23,699.33 each year for 3 years.
Alternatives:1. Approve the award to Border Equipment Company (2.) Do not approve
the request.
Recommendation:Approve request to purchase the replacement backhoe from Border
Equipment Company for $71,098.00 and declare the existing backhoe
surplus and available for auction.
Funds are Available in
the Following
Accounts:
GMA Lease program: (631-00-0000/11.19114)506-04-3410/54.22210
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Cover Memo
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
2011 SEWER RODDER TRUCK
BID 10-105 ASC Construction Border
Equipment Co, Inc. Equipment
Year 2010 2010
Make Volvo Case
Model BL70CAE 590 SM+
Bid Price Each Did Not Meet Specifications $71,098.00
Bid Price Total (2)Did Not Meet Specifications $142,196.00
Delivery Date 120 Days ARO 90 Days ARO
Vendor did not meet the
following specifications:
Sec 2 Item 5.04
UTILITIES-C & M - BACKHOE/LOADER - BID OPENING 04/13/10 @ 11:00
Attachment number 2Page 1 of 1
Attachment number 3Page 1 of 1
Invitation To Bid
Sealed bids will be received at this office until 11:00 a.m. Tuesday, April 13, 2010 for furnishing:
Bid Item #10-104 Single Axle Dump Truck for Fleet Department
Bid Item #10-105 Rubber Tire Backhoe/Loader for Fleet Department
Bid Item #10-107 Hot Water Pressure Washer for Fleet Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular
business hours at the offices of Augusta, GA Procurement Department. All questions must be
submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by
mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All
questions are to be submitted in writing by Tuesday, March 30, 2010 by 5:00 p.m.
The local bidder preference program is applicable to this project. To be approved as a local
bidder and receive bid preference on an eligible local project, the certification statement as a
local bidder and all supporting documents must be submitted to the Procurement
Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and
conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle March 4, 11, 18, 25, 2010
Metro Courier March 10, 2010
cc: Tameka Allen Interim Deputy Administrator
Ron Crowden Fleet Department
Attachment number 4Page 1 of 1
Ve
n
d
o
r
s
AS
C
C
o
n
s
t
r
u
c
t
i
o
n
Eq
u
i
p
m
e
n
t
23
0
3
A
i
r
p
o
r
t
B
l
v
d
Ca
y
c
e
,
S
C
2
9
0
3
3
Tr
a
c
t
o
r
&
E
q
u
i
p
m
e
n
t
38
0
9
M
i
k
e
P
a
d
g
e
t
t
H
w
y
Au
g
u
s
t
a
,
G
A
3
0
9
0
6
Bo
r
d
e
r
E
q
u
i
p
m
e
n
t
28
0
4
W
y
l
d
s
R
o
a
d
Au
g
u
s
t
a
,
G
A
3
0
9
0
9
He
r
t
z
E
q
u
i
p
m
e
n
t
20
1
7
R
a
w
l
e
y
R
o
a
d
Au
g
u
s
t
a
,
G
A
3
0
9
0
6
Je
n
k
i
n
s
T
r
a
c
t
o
r
35
8
5
M
i
k
e
P
a
d
g
e
t
t
H
w
y
Au
g
u
s
t
a
,
G
A
3
0
9
0
6
Lo
w
C
o
u
n
t
r
y
M
a
c
h
i
n
e
s
10
0
8
E
a
s
t
H
i
g
h
w
a
y
8
0
Po
o
l
e
r
,
G
A
3
1
3
2
2
Ve
r
m
e
e
r
S
a
v
a
n
n
a
h
41
1
-
B
T
e
l
f
a
i
r
R
d
Sa
v
a
n
n
a
h
,
G
A
3
1
4
1
5
At
t
a
c
h
m
e
n
t
B
Ye
s
Ye
s
Bi
d
d
e
r
'
s
F
o
r
m
/
Ac
k
n
o
w
l
e
d
g
e
o
f
Ad
d
e
n
d
a
Ye
s
Ye
s
Ye
a
r
20
1
0
20
1
0
Mo
d
e
l
BL
7
0
C
A
E
5
9
0
S
M
+
Bi
d
P
r
i
c
e
E
a
c
h
$6
7
,
2
4
4
.
0
0
$
7
1
,
0
9
8
.
0
0
To
t
a
l
Bi
d
P
r
i
c
e
$1
3
4
,
4
8
8
.
0
0
$
1
4
2
,
1
9
6
.
0
0
N
o
B
i
d
R
e
s
p
o
n
s
e
De
l
i
v
e
r
y
D
a
t
e
12
0
D
a
y
s
A
R
O
9
0
D
a
y
s
Vo
l
v
o
Bi
d
I
t
e
m
#
1
0
-
1
0
5
Ru
b
b
e
r
T
i
r
e
B
a
c
k
h
o
e
/
L
o
a
d
e
r
fo
r
t
h
e
C
i
t
y
o
f
A
u
g
u
s
t
a
-
F
l
e
e
t
D
e
p
a
r
t
m
e
n
t
Br
a
n
d
Ca
s
e
Bi
d
O
p
e
n
i
n
g
D
a
t
e
:
T
u
e
s
d
a
y
,
A
p
r
i
l
1
3
,
2
0
1
0
@
1
1
:
0
0
a
.
m
.
Pa
g
e
1
o
f
2
Attachment number 5Page 1 of 2
Ve
n
d
o
r
s
Re
l
i
a
b
l
e
E
q
u
i
p
m
e
n
t
R
e
n
40
0
1
W
a
s
h
i
n
g
t
o
n
R
d
Ma
r
t
i
n
e
z
,
G
A
3
0
9
0
7
Gr
o
v
e
R
i
v
e
r
M
a
c
h
i
n
e
s
90
2
L
o
n
g
w
o
o
d
D
r
Ri
c
h
m
o
n
d
H
i
l
l
,
G
A
3
1
3
2
4
At
t
a
c
h
m
e
n
t
B
Bi
d
d
e
r
'
s
F
o
r
m
/
Ac
k
n
o
w
l
e
d
g
e
o
f
Ad
d
e
n
d
a
Ye
a
r
Mo
d
e
l
Bi
d
P
r
i
c
e
E
a
c
h
To
t
a
l
Bi
d
P
r
i
c
e
De
l
i
v
e
r
y
D
a
t
e
Bi
d
I
t
e
m
#
1
0
-
1
0
5
Ru
b
b
e
r
T
i
r
e
B
a
c
k
h
o
e
/
L
o
a
d
e
r
fo
r
t
h
e
C
i
t
y
o
f
A
u
g
u
s
t
a
-
F
l
e
e
t
D
e
p
a
r
t
m
e
n
t
Bi
d
O
p
e
n
i
n
g
D
a
t
e
:
T
u
e
s
d
a
y
,
A
p
r
i
l
1
3
,
2
0
1
0
@
1
1
:
0
0
a
.
m
.
Br
a
n
d
Pa
g
e
2
o
f
2
Attachment number 5Page 2 of 2
Attachment number 6Page 1 of 3
Attachment number 6Page 2 of 3
Attachment number 6Page 3 of 3
Commission Meeting Agenda
5/18/2010 5:00 PM
2010 Utilities Compact Pickup Trucks
Department:Finance Department, Fleet Management Division
Caption:Motion to approve request from Utilities Department to replace 3 Compact
Pickup Trucks in Customer Service Division (2-each) and Highland Filter
Plant (1-each). (Approved by Finance Committee May 10, 2010)
Background:The Augusta Utilities Department-Customer Service Division requests the
replacement of two compact pickup trucks used by the Meter Division
supporting meter readers. The trucks to replace are F00099and F00098, both
are 2001 Ford Rangers which meet the replacement criteria approved by the
Augusta Commission. Evaluations are provided as attachments for
review. One additional truck is requiring replacement because it was totaled
in November 2009 in an accident at the Highland Avenue Filter
plant. During construction a contractors (high lift) forklift fell on top of the
Ford Ranger totaling the truck. Recovery has been completed through Risk
Management and we now need to proceed with its replacement.
Analysis:Fleet Management submitted a request for bids through the Procurement
Department utilizing the Demand Star electronic bid system which offers
nationwide bid coverage. The Procurement Department received quotes
back from 4 vendors, the results are provided as an attachment. Bobby Jones
Ford requests local vender preference be extended to them as they will
match the low bid. The Bid Tab sheet is attached for review.
Financial Impact:The trucks will be purchased for $14,567.00 each or for a total of
$43,701.00. Funding for the purchase of this equipment will be through the
GMA lease program where the units will be purchased over a three year
period with an annual premium payment of $14,567.00 each year for 3
years.
Alternatives:(1.) Approve the request, (2) Disapprove the reqest.
Recommendation:Approve request from Utilities Department for the purchase of three
compact pickup trucks using the GMA lease program and declaring the
replaced trucks surplus and available for auction.
Funds are Available in
the Following
Accounts:
GMA Lease program: (631-00-0000/11.19114) 506-04-3210/5422210 &
506-04-3520/5422210
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 3
Attachment number 1Page 2 of 3
Attachment number 1Page 3 of 3
Attachment number 2Page 1 of 1
COMPACT PICKUP TRUCK-BID OPENING 10/27/09 @ 11:00
BID 09-1167 Allen Vigil Bobby Jones Legacy Terry Cullen
Ford Ford Ford Chevrolet
Year 2010 2010 2010 2010
Brand Ford Ford Ford Ford
Model Ranger Ranger Ranger Ranger
Delivery Date 60 Days 120 Days 90 Days 90 Days
5.01 Model -EC-4x2 (4 Cyl)$13,483.00 $13,751.00 $13,522.00 $15,850.00
6 OUTFITTER'S SPECIALTY ITEMS
6.01 Fire Extinguisher 69 45 70 75
6.02 Three Plug Outlet Receptacle
6.03 Bed Liner 300 275 275 400
6.04 ToolBox
6.05 Class III Trailer Hitch
6.06 Trailer Wiring
6.07 2" Trailer Ball
6.08 Window Tint 155 95 205 200
6.09 Safety Cone Holder
6.1 Safety Cones
7 ALERT WARNING SYSTEMS
7.01 Backup Alarm 60 48 65 75
7.02 Cab Mount LED Flashiong Light 424 402 430 450
TOTAL $14,455.00 $14,498.00 $14,567.00 $16,940.00
14,567.00$
NOTE:BOBBY JONES FORD WILL MATCH LOW BID THROUGH THE
LOCAL VENDOR PREFERENCE PRIOGRAM
Attachment number 3Page 1 of 1
Invitation To Bid
Sealed bids will be received at this office until 11:00 a.m. Tuesday, October 27, 2009 for furnishing:
Bid Item #09-167 Compact Pickup Truck for Fleet Department
Bid Item #09-168 6000 GVW Series Pickup Truck for Fleet Department
Bid Item #09-169 Full Size Van for Fleet Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular
business hours at the offices of Augusta, GA Procurement Department. All questions must be
submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by
mail. No bid will be accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local
bidder and receive bid preference on an eligible local project, the certification statement as a
local bidder and all supporting documents must be submitted to the Procurement
Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and
conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle September 24, October 1, 8, 15, 2009
Metro Courier September 30, 2009
cc: Tameka Allen Interim Deputy Administrator
Ron Crowden Fleet Department
Attachment number 4Page 1 of 1
Vendors
Bobby Jones Ford
PO Box 15398
Augusta, GA 30919
Legacy Ford, Inc.
413 Industrial Blvd
McDonough, GA
Gordon Chevrolet
2031 Gordon Hwy
Augusta, GA
30909
Allen Vigil F-L-M
6790 Mt Zion Blvd
Morrow, GA 30909
Terry Cullen Chevy
1250 Battle Creek
Jonesboro, GA
Duval Ford
5203 Waterside
Jacksonville, FL
5.00 Vehicle
Requirements Bid Price Bid Price Bid Price Bid Price Bid Price Bid Price
5.01
Compact Pickup $13,751.00 $13,522.00 $13,483.00 $15,850.00
5.02
Compact Pickup $15,161.00 $14,799.00 No Bid $16,690.00
5.03
Compact Pickup $17,154.00 $16,794.00 $16,698.00 $19,840.00
6.00 Outfitter's Spec
6.01-Fire
Extinguisher $45.00 $70.00 $69.00 $75.00
6.02-Outlet
receptacle $45.00 $35.00 $33.00 $40.00
6.03-Bedliner $275.00 $275.00 $300.00 $400.00
6.04-Toolbox $239.00 $245.00 $355.00 $300.00
6.05-Trailer hitch $170.00 $398.00 $55.00 $400.00
6.06-Trailer wiring $25.00 No Charge Standard No Charge
6.07-Trailer ball $11.00 $25.00 $25.00 $25.00
6.08-Window tint $95.00 $205.00 $155.00 $200.00
6.09-Safety cones
holder $40.00 $47.00 $45.00 $50.00
6.10-Safety cones $115.00 $80.00 $76.00 $80.00
7.00 Alert Warn
7.01-Backup alarm $48.00 $65.00 $60.00 $75.00
7.02-LED top mount
light $402.00 $430.00 $424.00 $450.00
Approximate
Delivery 90-120 Days 65 Days ARO No-Bid 7-9 Weeks 100 Days
Non-Compliant
Subcontractor
Affidavit, Non-
Collusion
Affidavit of
Subcontractor,
LSB Good Faith
Efforts, and LSB
Subcontractor/
Supplier
Utilization Plan
forms not
properly
executed
Bid #09-167
2010 - Compact Pickup Truck
for The City of Augusta - Fleet Department
Bid Opening Date: Tuesday, October 27, 2009 at 11:00 a.m.
Local vendors are
highlighted in blue.
Attachment number 5Page 1 of 1
Attachment number 6Page 1 of 2
Attachment number 6Page 2 of 2
Commission Meeting Agenda
5/18/2010 5:00 PM
2010 Utilities Dump Truck
Department:Finance Department, Fleet Management
Caption:Motion to approve request from Utilities Department-Construction &
Maintenance Division to replace a 1996 Single Axle Dump Truck.
(Approved by Finance Committee May 10, 2010)
Background:The Augusta Utilities Department-Construction and Maintenance Division
requests the replacement of a 1996 single axle dump truck, asset number
950116 that has an extensive repair history, costly accumulated maintenance
and whose operational reliability is questionable. This vehicle has been
evaluated and meets the criteria for replacement based on the evaluation
criteria approved by the Augusta Commission in April 2004. The evaluation
sheet is attached for review.
Analysis:Fleet Management submitted a request for bids through the Procurement
Department utilizing the Demand Star electronic bid system which offers
nationwide bid coverage. The Procurement Department received quotes
back from 2 vendors with the following results: (1) Allan Vigil Ford =
$68,292.00; (2) Wade Ford – Non-compliant. The tab sheet is attached for
review.
Financial Impact:The unit will be purchased for $68,551.00 using the GMA Lease Program.
The Department will incur a premium payment of $22,850.33 per year for
three years.
Alternatives:1. Approve the award to Allen Vigil Ford. 2.Do not approve the request.
Recommendation:Approve the purchase of one single axle dump truck from Allan Vigil Ford
to replace Asset Number 950166 for $68,551.00 and declare 950166 surplus
and available for auction.
Funds are Available in
the Following
Accounts:
GMA Lease Program (631-00-0000/19.19114) 506-04-3410/5422210
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Cover Memo
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Attachment number 2Page 1 of 1
Attachment number 3Page 1 of 1
Invitation To Bid
Sealed bids will be received at this office until 11:00 a.m. Tuesday, April 13, 2010 for furnishing:
Bid Item #10-104 Single Axle Dump Truck for Fleet Department
Bid Item #10-105 Rubber Tire Backhoe/Loader for Fleet Department
Bid Item #10-107 Hot Water Pressure Washer for Fleet Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular
business hours at the offices of Augusta, GA Procurement Department. All questions must be
submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by
mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All
questions are to be submitted in writing by Tuesday, March 30, 2010 by 5:00 p.m.
The local bidder preference program is applicable to this project. To be approved as a local
bidder and receive bid preference on an eligible local project, the certification statement as a
local bidder and all supporting documents must be submitted to the Procurement
Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and
conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration 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.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle March 4, 11, 18, 25, 2010
Metro Courier March 10, 2010
cc: Tameka Allen Interim Deputy Administrator
Ron Crowden Fleet Department
Attachment number 4Page 1 of 1
Ve
n
d
o
r
s
Al
l
a
n
V
i
g
i
l
F
o
r
d
67
9
0
M
t
Z
i
o
n
B
l
v
d
Mo
r
r
o
w
,
G
A
3
0
2
6
0
Ma
y
s
I
n
t
e
r
n
a
t
i
o
n
a
l
13
5
7
G
o
r
d
o
n
H
i
g
h
w
a
y
Au
g
u
s
t
a
,
G
A
3
0
9
0
1
Fl
e
e
t
c
a
r
e
C
o
m
m
e
r
c
i
a
l
Tr
u
c
k
s
12
4
2
N
o
w
e
l
l
D
r
i
v
e
Au
g
u
s
t
a
,
G
A
3
0
9
0
1
Bu
n
c
h
T
r
u
c
k
&
Eq
u
i
p
m
e
n
t
12
3
1
G
o
r
d
o
n
H
i
g
h
w
a
y
Au
g
u
s
t
a
,
G
A
3
0
9
0
1
Be
c
k
M
o
t
o
r
C
o
m
p
a
n
y
17
0
7
S
S
l
a
p
p
e
y
B
l
v
d
Al
b
a
n
y
,
G
A
3
1
7
0
1
Wa
d
e
F
o
r
d
I
n
c
P.
O
.
B
o
x
1
5
8
7
Sm
y
r
n
a
,
G
A
3
0
0
8
1
Ba
l
l
a
r
d
T
r
u
c
k
&
T
i
r
e
20
5
4
O
l
d
S
a
v
a
n
n
a
h
Ro
a
d
Au
g
u
s
t
a
,
G
A
3
0
9
0
1
At
t
a
c
h
m
e
n
t
B
Ye
s
Bi
d
d
e
r
'
s
F
o
r
m
/
Ac
k
n
o
w
l
e
d
g
e
o
f
Ad
d
e
n
d
a
Ye
s
Ye
a
r
20
1
1
Mo
d
e
l
F7
5
0
Bi
d
P
r
i
c
e
$6
8
,
2
9
2
.
0
0
No
B
i
d
R
e
s
p
o
n
s
e
De
l
i
v
e
r
y
D
a
t
e
Au
g
u
s
t
,
2
0
1
0
9.
0
0
Op
t
i
o
n
a
l
Eq
u
i
p
m
e
n
t
9.
0
1
Au
t
o
m
a
t
i
c
Tr
a
n
s
m
i
s
s
i
o
n
$5
,
7
5
0
.
0
0
9.
0
2
El
e
c
t
r
o
n
i
c
St
a
b
i
l
i
t
y
P
r
o
g
r
a
m
Au
t
o
m
a
t
i
c
T
C
$2
5
9
.
0
0
Fo
r
d
No
n
-
C
o
m
p
l
i
a
n
t
Fa
i
l
e
d
t
o
P
r
o
v
i
d
e
Co
m
p
a
n
y
'
s
E
-
Ve
r
i
f
y
U
s
e
r
Id
e
n
i
f
i
c
a
t
i
o
n
Nu
m
b
e
r
Bi
d
I
t
e
m
#
1
0
-
1
0
4
Si
n
g
l
e
A
x
l
e
D
u
m
p
T
r
u
c
k
fo
r
t
h
e
C
i
t
y
o
f
A
u
g
u
s
t
a
-
F
l
e
e
t
D
e
p
a
r
t
m
e
n
t
Br
a
n
d
Bi
d
O
p
e
n
i
n
g
D
a
t
e
:
T
u
e
s
d
a
y
,
A
p
r
i
l
1
3
,
2
0
1
0
@
1
1
:
0
0
a
.
m
.
Pa
g
e
1
o
f
1
Attachment number 5Page 1 of 1
Attachment number 6Page 1 of 3
Attachment number 6Page 2 of 3
Attachment number 6Page 3 of 3
Commission Meeting Agenda
5/18/2010 5:00 PM
Barton Village Community Center/Neighborhood Enhancement Program
Department:Clerk of Commission
Caption:Motion to approve recommendation from the Administrator to fund the
Barton Village Community Center/Neighborhood Enhancement Program in
the amount of $30,500 for the contingency fund for the remainder of the
year; reduce the hours of operations for the program from 7 1/2 hours per
day to 4 1/2 hours per day four days a week; remove certain positions so that
2 part-time people would remain to administer the program, utilize resources
from Augusta Technical College to administer the GED portion of the
program; and utilize some add'tl volunteers to provide some counseling and
programming. (Approved by Finance Committee May 10, 2010)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 5
Attachment number 1Page 2 of 5
Attachment number 1Page 3 of 5
Attachment number 1Page 4 of 5
Attachment number 1Page 5 of 5
Commission Meeting Agenda
5/18/2010 5:00 PM
Historic Preservation Fund Grant Award
Department:Planning Commission
Caption:Motion to approve a Budget Resolution and a contract with the Georgia
Department of Natural Resources (DNR) for Phase 3 of the Harrisburg-West
End Historic District Survey. (Approved by Finance Committee May 10,
2010)
Background:Earlier this year the Augusta Commission authorized submission of a grant
application to DNR to help finance development of Phase 3 of the
Harrisburg-West End historic properties survey. The application was
submitted on February 1, 2010. Two copies of the grant contract were
received on April 30, 2010. Under the contract, the city has been awarded an
$11,000 reimbursable grant for the project.
Analysis:A qualified historic preservation consultant will be hired to complete the
third and final phase of the survey of historic resources in the Harrisburg-
West End National Register Historic District. Approximately 630 of the
1,600 properties in the district will be surveyed during phase three. An
architectural description of each resource, its age, history, setting, location
and significance will be recorded. The survey will conform to applicable
standards and the results will be entered into an online database maintained
by the Historic Preservation Division of DNR. Hard copies of the survey
map and the completed survey forms will be provided to the city and DNR.
The Planning Commission will manage the project and provide some of the
required in-kind match. Others providing in-kind donations include the
Historic Preservation Commission, the Harrisburg-West End Neighborhood
Association and the city Finance Department and GIS staffs.
Financial Impact:This is a reimbursable grant program. As a result, the city will have to make
periodic payments to the project consultant and then request reimbursement
from DNR. The maximum temporary cost to the city is $11,000. The project
budget is as follows - HPF Grant - $11,000; Local Match (cash and in-kind)
- $7,335; Total - $18,335.
Alternatives:Accept the grant award or reject it and find another way complete the survey
work.
Recommendation:Approve budget resolution and execution of the project contract.
Funds are Available in
the Following
Accounts:
Project account number to be assigned by the Finance Department following
approval of the budget resolution and the contract with DNR.
Cover Memo
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Budget Resolution
STATE OF GEORGIA ) AUGUSTA RICHMOND COUNTY
AUGUSTA-RICHMOND COUNTY ) COMMISSION
BUDGET AMENDMENT NO:……………
IT IS HEREBY ORDERED that the General Fund Budget for the year 2010 be amended to
reflect increased revenue of $18,335.00 resulting from federal grant income of $18,335.00
IT IS FURTHER ORDERED that the appropriations be increased by $18,335.00 for payment of
the Harrisburg-West End Historic District Survey, Phase 3. The total budget for the project is
$18,335.00.
REVENUES
Grant from Georgia DNR $ 11,000.00
Local Match (In-Kind & Cash) $ 7,335.00
Total $ 18,335.00
APPROPRIATIONS
Grant from Georgia DNR $ 11,000.00
Local Match (In-Kind & Cash) $ 7,335.00
Total $ 18,335.00
DEKE COPENHAVER, MAYOR
Approved this ……the day of…… 2010 AUGUSTA-RICHMOND COUNTY
COMMISSION
______________________________
As its mayor
Attest:
________________
Clerk of Commission
Attachment number 2Page 1 of 1
Commission Meeting Agenda
5/18/2010 5:00 PM
New Transportation Bill
Department:Administrator
Caption:Motion to approve tasking the Administrator to meet with the CSRA
Regional Development Commission and put together a joint meeting of
representatives from the various areas and GDOT to develop a program
regarding the new transportation bill that would serve the entire
region. (Approved by Finance Committee May 10, 2010)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Augusta Canal FERC Licensing Process – Dam Safety Compliance
Department:Utilities
Caption:Motion authorize execution of an amendment to an agreement with
Cranston Engineering Group for engineering services in the amount of
$186,450 for complying with the FERC Dam Safety Performance
Monitoring Program to support the Augusta Canal Licensing Process.
(Approved by Engineering Services Committee May 10, 2010)
Background:The Augusta Commission authorized, in February 2009, for Cranston
Engineering Group to provide certain engineering services to Augusta for
having the Augusta Canal licensed through the Federal Energy Regulatory
Commission. This process includes a Dam Safety Performance Monitoring
Program. This program involves a comprehensive approach to technical data
reporting, potential failure mode identification, surveillance and monitoring,
emergency action planning, security and vulnerability planning, and a series
of inspections and reports. Attached to the agenda item as backup is a
proposal detailing the requirements.
Analysis:Licensed FERC projects must comply with the applicable requirements of
the Federal Regulation Title 18 for Dam Safety Compliance Monitoring
Program. This amendment will update and prepare the annual submittals to
remain in compliance.
Financial Impact:Funds for this request are included in account number 507043410-
5425110/80320115-5425110.
Alternatives:No alternatives are recommended.
Recommendation:We recommend the Commission authorize execution of an amendment to an
agreement with Cranston Engineering Group for engineering services
amount of $186,450 for complying with FERC Dam Safety Performance
Monitoring Program to support the Augusta Canal Licensing Process.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:Cover Memo
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 7
Attachment number 1Page 2 of 7
Attachment number 1Page 3 of 7
Attachment number 1Page 4 of 7
Attachment number 1Page 5 of 7
Attachment number 1Page 6 of 7
Attachment number 1Page 7 of 7
Commission Meeting Agenda
5/18/2010 5:00 PM
Cost Sharing Agreement Burgess Hills & Cushendal Hills Subdivisions
Department:Augusta Utilties Department
Caption:Motion to approve cost sharing agreement in an amount not to exceed $70,000.00
with the developers of Burgess Hills and Cushendal Hills Subdivisions. (Approved
by Engineering Services Committee May 10, 2010)
Background:Burgess Hills and Cushendal Hills Subdivisions are proposed developments on the
south side of Belair Rd. just west of Wrightsboro Rd. The developer has approached
the Augusta Utilities Department with a proposal to cost share with jack and boring
the sanitary sewer under the roadway to open up the area on the south side of Belair
Rd. By jack and boring under Belair Rd to the south side; sanitary sewer will be
available for not only these two developments but approximately 18 other parcels as
well.
Analysis:The cost sharing agreement is for AUD to participate up to $70,000.00 for the jack
and bore under Belair Rd. the developer will be reimbursed after the construction is
inspected and accepted into AUD system in accordance with our requirements and
specifications.
Financial Impact:Funds for the project are available under account number 507043420-
5425210/81000020-5425210.
Alternatives:No alternatives are recommended.
Recommendation:We recommend the Commission authorize the execution of a cost sharing agreement
in an amount not to exceed $70,000.00 with the developers of Burgess Hills and
Cushendal Hills Subdivisions.
Funds are Available in the
Following Accounts:507043420-5425210 81000020-5425210
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Commission Meeting Agenda
5/18/2010 5:00 PM
Ft Gordon CM @ Risk Contract Selection Process
Department:Utilities
Caption:Motion to authorize the notification of the selection results to prospective
firms and proceed with negotiations of a contract with the top ranked firm,
Tetra Tech Inc. for Construction Manager at Risk Services for Various
Projects at Ft. Gordon. (Approved by Engineering Services Committee
May 10, 2010)
Background:The Utilities Department through the Purchasing Department prepared and
advertised a Request of Qualification for a Construction Manager at Risk for
Various Projects at Ft Gordon. The RFQ’s were opened on March 23, 2010.
Since the submittal of the RFO’s, both the Utilities Department and
Purchasing Department have been involved in the process of ranking the
qualified firms. This process began with review of information submitted
from interested firms, continued with a short listing of qualified firms and
culminated with interviews of the top three (3) firms by a selection
committee.
Analysis:The Selection Committee conducted interviews on April 23, 2010. At the
completion of the interviews, the Selection Committee ranked the firms as
follows: 1. Tetra Tech Inc. 2. Crowder Construction Co. 3. Haskell Upon
approval by the August Commission, the Utilities Department will begin
negotiation with the top ranked firm. If negotiations for a mutually
acceptable agreement can not be reached, we would like to reserve the right
to negotiate with the remaining firms in the order as shown.
Financial Impact:No funds are being requested at this time. The cost for Construction
Management at Risk services will be brought to the Commission when
negotiations are completed.
Alternatives:If the Augusta Utilities Department can not reach a satisfactory agreement
with the top ranked firm, the remaining firms in the order as shown should
be considered for negotiations.
Recommendation:We recommend the Commission authorize the notification of the selection
results to perceptive firms and proceed with negotiations of a contract with
the top ranked firm, Tetra Tech Inc. for Construction Manager at Risk
Services for Various Projects at Ft Gordon.
Funds are Available in
the Following
Accounts:
No funds are being requested at this time. The cost for Construction
Management at Risk services will be brought to the Commission when
negotiations are completed.
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
UTILITIES DEPARTMENT
Tom D. Wiedmeier, PE
Director
Augusta Utilities
360 Bay Street ± Suite 180 - Augusta, GA 30901
(706) 312-4160 ± Fax (706) 312-4123
www.augustaga.gov
To: Ms Geri Sams, Procurement Director
From: Tom Wiedmeier, Director Augusta Utilities
Date: April 30, 2010
Re: RFQ #10-100, Construction Management at Risk for Fort Gordon
Selection Committee Recommendation
The Selection Committee for the Construction Management @ Risk (RFQ#10-100) met on the afternoon
of April 23, 2010 for the presentations by the previously identified shortlisted firms. The Selection
Committee also convened on April 26, 2010 to review the information provided in the interview process
and compare the scoring of each of the Committee members.
Listed below is a consensus of the scoring of the firms as recommended by the Selection Committee:
1. Tetra Tech 90
2. Crowder Construction Co. 87
3. Haskell 86
Based on the criteria used, I concur with the recommendation of the Selection Committee and request the
Procurement Department proceed with the notifications of the process.
Attachment number 1Page 1 of 1
REQUEST FOR QUALIFICATIONS
Request for Qualifications will be received at this office until Tuesday, March 23, 2010 @ 3:00 p.m. for
furnishing:
RFQ ITEM #10-100 Construction Management @ Risk for Various Fort Gordon MSA,
ICU and R & R Projects for the Utilities Department
RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Qualification Conference will
be held on Friday, March 5, 2010 at 10:00 a.m. in the Procurement Department – Room 605. All
questions must be submitted in writing to the office of the Procurement Department by fax at 706 821-
2811 or by mail. No RFQ will be accepted by fax, all must be received by mail or hand delivered. All
questions are to be submitted in writing by Tuesday, March 9, 2010 by 5:00 p.m.
The local bidder preference program is applicable to this project. To be approved as a local
bidder and receive bid preference on an eligible local project, the certification statement as a
local bidder and all supporting documents must be submitted to the Procurement Department
with your bonafide bid package.
No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and
conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. Please mark RFQ number on the outside of the envelope.
Bidders are cautioned that sequestration of RFQ documents through any source other than the office
of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized
sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to
base his qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle February 11, 18, 25, March 4, 2010
Metro Courier February 17, 2010
cc: Fred Russell Administrator
Tameka Allen Interim Deputy Administrator
Tom Wiedmeier Utilities Department
Drew Goins Utilities Department
Attachment number 2Page 1 of 1
VENDORS Attachment B Bidders Form Original 8 Copies Addendum
Crowder Construction Co
1229 Royal Drive, #C
Conyers, GA 30094
YES YES YES YES YES
Haskell
111 Riverside Drive
Jacksonville, FL 32234
YES YES YES YES YES
McKnight Construction Co.
P.O. Box 204718
Augusta, GA 30917
YES YES YES YES YES
Tetra Tech
360 Bay Street, Suite 435
Augusta, GA 30901
YES YES YES YES YES
Manhattan Construction, Co
26 Executive Park Drive, Ste 2600
Atlanta, GA 30329
Parsons
3577 Parkway Lane, Bldg 5, Ste 100
Norcross, GA 30092
R.W. Allen, LLC
1015 Broad Street
Augusta, GA 30901
Brown and Caldwell
990 Hammond Drive
Atlanta, GA 30328
Brasfield & Gorrie
1900 Vaughn Road, Suite 100
Kennesaw, GA 30144
CH2M Hill
1450 Greene Street, Suite 510
Augusta, GA 30901
Dukes, Edwards & Dukes
920 W. Highland Avenue
Albany, GA 31701
Intrasite Management, Inc.
198 Peachtree Street, SW, Ste 315
Atlanta, GA 30328
James G. Swift & Associates
1206 Interstate Parkway
Augusta, GA 30909
RFQ Item #10-100
CM @ Risk for Various Fort Gordon MSA, ICU and R&R Projects
for the City of Augusta - Utilities Department
RFQ Due: Tuesday, March 23, 2010 @ 3:00 p.m.
Non-Compliant
Attachment B missing Pages 1 and 2
Non-Compliant
Attachment B missing E-Verify Number
Submitted No Bid Response
Submitted No Bid Response
Page 1 of 2
Attachment number 3Page 1 of 2
VENDORS Attachment B Bidders Form Original 8 Copies Addendum
RFQ Item #10-100
CM @ Risk for Various Fort Gordon MSA, ICU and R&R Projects
for the City of Augusta - Utilities Department
RFQ Due: Tuesday, March 23, 2010 @ 3:00 p.m.
Khafra
418 Fourth Street
Augusta, GA 30901
Pinnacle USA, Inc.
3001 Monroe Highway, Ste 300A
Watkinsville, GA 30677
Reynolds, Inc.
300 E. Broad Street
Fairburn, GA 30213
Shaw Environmental & Infrastructure
11560 Great Oaks Parkway
Alpharetta, GA 30022
Tetra Tech
360 Bay Street, Suite 435
Augusta, GA 30901
VCC
1000 Abernathy Road Ste 1130
Atlanta, GA 30328
Whiting-Turner
9900 Hammond Drive, #1100
Atlanta, GA 30328
Zel Engineers
435 Telfair Street
Augusta, GA 30901
Page 2 of 2
Attachment number 3Page 2 of 2
Attachment number 4Page 1 of 2
Attachment number 4Page 2 of 2
Evaluation Criteria PTS
Crowder
Construction Co
1229 Royal Drive, #C
Conyers, GA 30094
Haskell
111 Riverside Drive
Jacksonville, FL 32234
McKnight
Construction Co.
P.O. Box 204718
Augusta, GA 30917
Tetra Tech
360 Bay Street, Suite 435
Augusta, GA 30901
1) Firms experience as CM@ Risk,
Design-Build or other alternate
project delivery approach.
20 17.00 16.67 7.33 16.67
2) Firms Quality Control, Quality
Assurance and Project Tracking 15 14.33 12.33 10.33 12.67
3) Project Approach and
Understanding 25 24.00 22.67 10.67 22.33
4) Qualifications, experience,
references and availability of Key
Staff
25 22.00 22.00 14.00 21.67
5) Responsiveness 5 5.00 5.00 2.67 5.00
6) Financial qualifications
(advanced financing capability,
bonding capacity)
10 10.00 10.00 7.33 10.00
Total 100 92.33 88.67 52.33 88.33
87.00 86.00 90.00
Cumulative Evaluation Sheet - RFQ Item #10-100
Construction Manager @ Risk Services
For Various Ft. Gordon MSA, ICU, and R&R Projects
Friday, March 26, 2010 @ 2:00 p.m.
Vendor Presentation
Attachment number 5Page 1 of 1
Attachment number 7Page 1 of 7
Attachment number 7Page 2 of 7
Attachment number 7Page 3 of 7
Attachment number 7Page 4 of 7
Attachment number 7Page 5 of 7
Attachment number 7Page 6 of 7
Attachment number 7Page 7 of 7
Commission Meeting Agenda
5/18/2010 5:00 PM
New Library - Emergency Change Order 31
Department:Public Services Department - Facilities Management Division
Caption:Ratify Emergency Change Order 31 for the addition of motorized controls
for the three smoke shutters, located at the monumental stairs in the new
Main Library in the amount of $41,461.00.
Background:Emergency Change Order #31 , is to add motorized controls for the three
smoke shutters, located at the monumental stairs. These smoke shutters,
occurring at each landing, were originally specified without motors due to
cost concerns prior to bidding of the construction contract. Therefore, they
are currently operated manually. By code, these fire shutters are required
to close each time the fire alarm system is activated in order to prevent
smoke and/or fire from traveling between floors in the building during the
occurrence of a fire. Each time these shutters close, the shutters must be
manually rolled up and reconnected. According to the Overhead Door
Company, the installer, the effort would entail approximately 1 1/2 days of
work for forces familiar with the doors along with the assistance of the
wood ceiling contractor. For the staff of the Library to reset the doors, it
would more than likely take longer.
Analysis:At this point in the project, we have proposed to add the motors to these
shutters, due to the difficulties of resetting the shutters once they have been
closed. According to Gary Swint, the Director for the Regional Library
System, the fire alarm system will likely be activated a number of times
throughout the year, by pranksters and young children. Should these alarms
be activated and the shutters closed, the monumental stairs will be virtually
unusable until they can be reset. With motorized shutters, the Library staff
will be able to raise and reset the shutters immediately with a simple key
switch, saving the staff much difficulty and time, and giving the Library the
ability to return to its normal activities within minutes after the building is
declared safe for re-entry. Accept this agenda item for information under the
provision of the ARC Code. Sec. 1-10-50. Emergency procurement selection
method. Notwithstanding any other provisions of this chapter, the
Procurement Director, Augusta-Richmond County Administrator or
Constitutional Officer may make or authorize others to make emergency
procurement of equipment, supplies, services, general construction, or
public works type construction services when there exists a threat to public
health, welfare, or safety, or where daily operations are affected; provided
that such emergency procurement shall be made with such competition as is
practicable under the circumstances. As soon as practicable, a record of each
emergency procurement shall be made and shall set forth the contractor's
name, the amount and type of the contract, a listing of the item(s) procured
under the contract, and the identification number of the contract file. A
written report explaining the determination of the basis for the emergency
Cover Memo
and for the selection of the particular contractor shall be included in the
contract file, and a copy of same provided the Augusta-Richmond County
Commission at their next regular meeting in the case of public works
contracts as defined by Georgia State Law or other Augusta-Richmond
County purchases when the value of the purchase exceeds ten thousand
dollars ($10,000.00). In the event an emergency should arise after office
hours or on holidays or weekends which requires immediate action on the
part of the using agency involved and where it is not possible or convenient
to reach the Procurement Director, Constitutional Officer, or Administrator,
the using agency head is authorized to make purchases. Such purchases shall
be well documented, packaged for payment, and forwarded to the
Procurement Director within twenty-four (24) hours, if possible, after
occurrence.
Financial Impact:The cost of this Change Order is $41,461.00
Alternatives:1. Ratify Emergency Change Order 31 for the addition of motorized controls
for the three smoke shutters, located at the monumental stairs in the new
Main Library in the amount of $41,461.00. 2. Revert back to manual
operation of the smoke shutters at the monumental stairs. If there is a false
alarm the door system will close on all three (3) floors. To re-set the doors
will require approximately one day and a half (1½ days) to reset the doors
on all three floors.
Recommendation:#1. Ratify Emergency Change Order 31 for the addition of motorized
controls for the three smoke shutters, located at the monumental stairs in the
new Main Library in the amount of $41,461.00.
Funds are Available in
the Following
Accounts:
Funds are Available in the Change Order Contingency for the Library Fund.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 26
Attachment number 1Page 2 of 26
Attachment number 1Page 3 of 26
Attachment number 1Page 4 of 26
Attachment number 1Page 5 of 26
Attachment number 1Page 6 of 26
Attachment number 1Page 7 of 26
Attachment number 1Page 8 of 26
Attachment number 1Page 9 of 26
Attachment number 1Page 10 of 26
Attachment number 1Page 11 of 26
Attachment number 1Page 12 of 26
Attachment number 1Page 13 of 26
Attachment number 1Page 14 of 26
Attachment number 1Page 15 of 26
Attachment number 1Page 16 of 26
Attachment number 1Page 17 of 26
Attachment number 1Page 18 of 26
Attachment number 1Page 19 of 26
Attachment number 1Page 20 of 26
Attachment number 1Page 21 of 26
Attachment number 1Page 22 of 26
Attachment number 1Page 23 of 26
Attachment number 1Page 24 of 26
Attachment number 1Page 25 of 26
Attachment number 1Page 26 of 26
Commission Meeting Agenda
5/18/2010 5:00 PM
On-Call Construction Services
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve award of the On-Call Construction Services Consulting
Agreement to EMC Engineering, Moreland Altobelli, and The LPA Group
subject to receipt of signed contracts and proper bonds. Also approve
$150,000 to fund the proposed On-Call Construction Services. Funding is
available in the paving and resurfacing accounts respectively. (Approved by
Engineering Services Committee May 10, 2010)
Background:
The Augusta-Richmond County Engineering Department requested
professional services that include construction management, construction
inspection, and field engineering services. The number of SPLOST projects
being let for construction has increased significantly over the past year, and
will continue to increase throughout 2010. The following projects are
currently under construction or will be under construction in Year
2010: ON-GOING CONSTRUCTION PROJECTS: 1. Windsor Spring
Road (Peach Orchard to Old Louisville Rd.) 2. Windsor Spring Road
Resurfacing (Tobacco Rd. to Willis Foreman Rd.) 3. Windsor Spring Road
Resurfacing (Willis Foreman Rd. to SR 88) 4. Belair Hills Subdivision
Street and Drainage Improvements 5. Morgan Road Improvements (Deans
Bridge rd. to Tobacco Rd.) 6. D’Antignac Street Drainage Improvements
7. Martin Luther king Blvd. Resurfacing (Twiggs St. to Olive Rd.) 8. 12th
Street Resurfacing (Laney Walker to Old Savannah Rd.) 9. 8th Street
Resurfacing (Walton Way to Laney Walker) 10. Wrightsboro Road
Resurfacing (RA Dent Blvd. to James Brown Blvd.) 11. D’Antignac Street
Resurfacing (RA Dent Blvd. to 8th Street) 12. Reynolds Street Resurfacing
(4th Street to 13th Street) 13. Windsor Spring Road Resurfacing (Tobacco
Rd. to Willis Foreman Rd.) 14. Windsor Spring Road Resurfacing (Willis
Foreman Rd. to SR 88) 15. Woodbine Road Resurfacing (Washington Rd.
to Lakemont Drive) 16. Ruby Drive Resurfacing (Wells Drive to Richmond
Hills Rd.) 17. Lover’s Lane Resurfacing (Columbia Nitrogen Road to I-
520) 18. Toms Drive/Breeze Hill Drive Resurfacing 19. Skinner Mill Road
Emergency Project 20. Paving Dirt Roads (Phase 9) – Contract 1 21.
Paving Dirt Roads (Phase 9) – Lamar Rd., Contract 2 22. Village West
Drainage Improvements 23. Willis Foreman Road Bridge Replacement over
Spirit Creek 24. Interstate Parkway Emergency Repair CONSTRUCTION
PROJECTS LET WITHIN THREE MONTHS: 1. Old Savannah
Road/Twiggs Street – Phase I 2. Walton Way Resurfacing (Jackson Rd. to
Johns Rd.) 3. Walton Way Resurfacing (Johns Rd. to 15th Street) 4. Walton
Way Resurfacing (15th Street to Gordon Highway) 5. Laney Walker Blvd.
Resurfacing (New Savannah Rd. to Sand Bar Ferry Rd.) 6. East Augusta
Roadway and Drainage Improvements – Phase I (Eastview Drive Drainage
Improvements) 7. Downtown Traffic Signal & Street Upgrade – A (Broad
Street) 8. Paving Dirt Roads (Phase 9) – Pyes Court, Contract 3 9. Paving
Cover Memo
Dirt Roads (Phase 9) - Youngblood Ct., Contract 4 The on-going
construction projects have placed a significant strain on the Construction
Section. The assistance of outside construction services will only be
temporary and will help insure a quality finish product.
Analysis:Proposals were evaluated on August 12, 2009 with EMC Engineering,
Moreland Altobelli, and The LPA Group being the selected firms.
Financial Impact:Funds are available in the amount of $75,000 each in Paving Various Roads,
Ph IX (324-041110-5411120/208824001) and Resurfacing (324-041110-
6011110/201824044) respectively to be transferred to the On-Call
Construction Services Consultant Agreement upon Commission approval.
Alternatives:Approve Award of the On-Call Construction Services Consulting
Agreement to EMC Engineering, Moreland Altobelli, and The LPA Group
subject to receipt of signed contracts and proper bonds. Also approve
$150,000 to fund the proposed On-Call Construction Services. Funding is
available in the paving and resurfacing accounts respectively. 2)Do not
approve project.
Recommendation:Approve Alternative Number One.
Funds are Available in
the Following
Accounts:
324-041110-5411120/208824001 324-041110-6011110/201824044
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby amended:
Section 1: The project change is authorized to CPB# 324-041110-000000000. This project
proposes to establish professional services that include construction management,
construction inspection, and field engineering services for On-Call Construction
Services due to the number of SPLOST Projects being let for construction over
the past year and throughout 2010. Funding in the amount of $150,000 is
available in the SPLOST Phase IV account 324-041110-208824001 for $75,000 and
SPLOST Phase IV account 324-041110-201824044 respectively.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
SPLOST Fund Account Balance 150,000$
150,000$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Varies $150,000 Varies 150,000$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
CAPITAL PROJECT BUDGET
ON-CALL CONSTRUCTION SERVICES
CPB#324-041110-000000000
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for er er er execution. For information reference this request contact xecution. For information reference this request contact xecution. For information reference this request contact xecution. For information reference this request contact
engineering at ext 5070. Thanks engineering at ext 5070. Thanks engineering at ext 5070. Thanks engineering at ext 5070. Thanks
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Deke Copenhaver, Mayor
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for er er er execution. For information reference this request contact xecution. For information reference this request contact xecution. For information reference this request contact xecution. For information reference this request contact
engineering at ext 5070. Thanks engineering at ext 5070. Thanks engineering at ext 5070. Thanks engineering at ext 5070. Thanks
3.13.09
Attachment number 1Page 1 of 2
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
ON-CALL CONSTRUCTION SERVICES
CPB#324-041110-000000000
CPB AMOUNT
SOURCE OF FUNDS CPB
SPLOST FUND ACCOUNT BALANCE
324-04-1110-5411120-208824001 ($75,000)
SPLOST FUND ACCOUNT BALANCE
324-04-1110-6011110-201824044 ($75,000)
TOTAL SOURCES: ($150,000)
USE OF FUNDS
ROADS
324-04-1110-5414110-000000000 $150,000
TOTAL USES: $150,000
3.13.09
Attachment number 1Page 2 of 2
Commission Meeting Agenda
5/18/2010 5:00 PM
Rock Creek/Warren Lake Restoration - SA1/CPB
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve Capital Project Budget #322-041110-207822001 for the
Rock Creek/Warren Lake Restoration project and Supplemental Agreement
Number One for Augusta’s Canal Basin Dredging in the amount of
$57,285.00 for Permitting from US Army Corps of Engineers. Funding is
available in the project engineering account for the AED. (Approved by
Engineering Services Committee May 10, 2010)
Background:Warren Lake Dredging is an approved project and under design presently.
Augusta Engineering Department with its Consultant met recently with US
Army Corps of Engineers (USACE) to explore the possibility of expediting
the permitting process. USACE requested to combine any anticipated
projects requiring impacts to the same jurisdictional waters into a single
wetlands permit. One of such jurisdictional waters is Augusta Canal Basin.
This basin includes Lake Olmstead, Lake Aumond, Heirs Pond and Rae’s
Creek. All these water bodies need dredging and banks restoration.
Analysis:Augusta Engineering Department is currently under contract with the
Cranston Engineering Group, Inc. for the design and permitting of Warren
Lake Dredging. Inclusion of other waterbodies and submittal of basin-wide
permitting would save the duplication of efforts required for each individual
project in the preparation and review of the required environmental studies.
It is also a cost effective approach to accelerate permitting and advance
planning. The estimated time to complete the permitting process is twelve
months.
Financial Impact:Funds of $57,285.00 are available in the Rock Creek/Warren Lake
Improvement Project engineering account.
Alternatives:1) Approve Capital Project Budget #322-041110-207822001 for the Rock
Creek/Warren Lake Restoration project and Supplemental Agreement
Number One for Augusta’s Canal Basin Dredging in the amount of
$57,285.00 for Permitting from US Army Corps of Engineers. Funding is
available in the project engineering account for the AED. 2) Do not approve,
and face delaying permitting at increase cost.
Recommendation:Approve Alternative Number One.
Funds are Available in
the Following
Accounts:
322-041110-5212115/207822001
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
ROCK CREEK/WARREN LAKE RESTORATION
Capital Project Budget is hereby authorized:
Section 1: This project is authorized to CPB#322-041110-207822001 for Rock Creek/Warren Lake
Restoration project and Supplemental Agreement Number One for Augusta's Canal Basin
Dredging in the amount of $57,285.00 for permitting from US Army Corps of Engineers.
Funding is available in the project engineering account 322-0411110-207822001-5212115.
Section 2: The following revenues are anticipated to be available to the Consolidated Government to
complete the project.
Special 1% Sales Tax, Phase II $1,200,000
Section 3: The following amounts are appropriated for the project:
By Basin By District
Varies $1,200,000 2nd $1,200,000
Section 4: Copies of this Capital Project Budget shall be made available to the Comptroller for direction in
carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
____________________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
CPB#322-041110-207822001
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following
Honorable Deke Copenhaver, Mayor
FOR INFORMATION ONLY - ORIGINAL WILL BE PROCESSED AFTER COMMISSION APPROVES - QUESTIONS CALL EXT 5070
1 of 2 April 6, 2010
Attachment number 1Page 1 of 2
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
ROCK CREEK/WARREN LAKE RESTORATION
CPB#322-041110-207822001
CPB AMOUNT CPB
SOURCE OF FUNDS CPB CHANGE
SPECIAL 1% SALES TAX, PHASE II
322-04-1110-292822444 ($1,200,000)
TOTAL SOURCES:($1,200,000)
USE OF FUNDS
ENGINEERING
322-04-1110-5212115-207822001 $300,000
Cranston Engineering SA#1: $57,285.00
STORM DRAINAGE
322-04-1110-5414710-207822001 $900,000
TOTAL USES:$1,200,000
2 of 2 April 6, 2010
Attachment number 1Page 2 of 2
(SA02 – For changes greater than $20,000) April 2010
AUGUSTA-RICHMOND COUNTY
AUGUSTA, GA ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
Augusta Richmond County Project Number(s): 322-04-207822001
Supplemental Agreement Number: 1
Purchase Order Number: 165515
WHEREAS, We, Cranston Engineering Group, Consultant, entered into a contract with Augusta-
Richmond County on May 5, 2009, for engineering design services associated with the Rock
Creek/Warren Lake Restoration Project., File Reference No. 09-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not covered by
the scope of the original contract, we desire to submit the following Supplemental Agreement to-wit:
Permitting from US Army Corps of Engineers for the Rock Creek/ Warren
Lake Restoration Project
It is agreed that as a result of the above described modification the contract amount is increased by
$57,285 from $136,611.00 to a new total of $193,896.00.
Any modifications to submittal dates shall be as identified in the attached proposal. This agreement in no
way modifies or changes the original contract of which it becomes a part, except as specifically stated
herein.
NOW, THEREFORE, We, Cranston Engineering Group, Consultant, hereby agree to said
Supplemental Agreement consisting of the above mentioned items and prices, and agree that this
Supplemental Agreement is hereby made a part of the original contract to be performed under the
specifications thereof, and that the original contract is in full force and effect, except insofar as it might be
modified by this Supplemental Agreement.
This day of , 2010.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
Mayor
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL]
ATTEST: ATTEST:
Title: Title:
PLEASE DO NOT PROCESS. ORIGINAL WILL BE SENT TO THE CLERK OF COMMISSION ONCE THE COMMISSION
APPROVES. QUESTION: EXT 5010.
Attachment number 2Page 1 of 1
Attachment number 3Page 1 of 3
Attachment number 3Page 2 of 3
Attachment number 3Page 3 of 3
Commission Meeting Agenda
5/18/2010 5:00 PM
Widening/Reconstructing I-520 from Gordon Highway to Deans Bridge Rd
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve the Resolution supporting the installation of High Mast
Street Lighting at the interchanges of Gordon Highway and Deans Bridge
Road on I-520 as part of Georgia Department of Transportation (GDOT)
project NH000-520-01 (017) PI 2107000. As requested by
AED. (Approved by Engineering Services Committee May 10,
2010)
Background:This is a GDOT project that will widen and reconstruct I-520 to 3 lanes in
each direction from Gordon Highway to Deans Bridge Road and improve
the respective interchanges. Final design activities are underway, right of
way activities will begin this calendar year and the project is currently
scheduled to be let in calendar year 2011. The estimated construction cost
is $23.4 million.
Analysis:: GDOT is managing this project and is responsible for all of the costs. On
August 24, 2009 the Engineering Department submitted a request to GDOT
which asked for high mast street lighting to be included at the Gordon
Highway and Deans Bridge Road interchanges. GDOT has concurred with
the request and on April 16, 2010 advised that the City needed to adopt a
resolution to support the request. Upon adoption of the resolution by the
City, GDOT will develop an agreement for energy, maintenance and
operation responsibilities and submit it to the City for execution.
Financial Impact:There is no financial obligation associated with adoption of the resolution.
Alternatives:Approve the Resolution supporting the installation of High Mast Street
Lighting at the interchanges of Gordon Highway and Deans Bridge Road on
I-520 as part of Georgia Department of Transportation (GDOT) project
NH000-520-01 (017) PI 2107000. As requested by AED. 2) Do not approve
and miss the opportunity to enhance the safety features of these
interchanges.
Recommendation:Approve alternative one
Funds are Available in
the Following
Accounts:
N/A
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
A RESOLUTION
AUGUSTA-RICHMOND COUNTY COMMISSIONERS
AUGUSTA-RICHMOND COUNTY, GEORGIA
A RESOLUTION SUPPORTING THE INSTALLATION OF HIGH MAST
STREET LIGHTING AT THE INTERCHANGES OF GORDON HIGHWAY
(SR 10/US 78) and I-520 AND DEANS BRIDGE ROAD (SR 4/US 1) and I-520,
GDOT PROJECT NH000-0520-01 (017), PI 210700; AND OTHER PURPOSES.
WHEREAS, the Georgia Department of Transportation is planning for road improvements on I-
520 from Gordon Highway to Deans Bridge Road in Augusta-Richmond County, Georgia; and
WHEREAS, Augusta-Richmond County, Georgia recognizes the benefits from providing high
mast street lighting at interchanges; and
WHEREAS, the Georgia Department of Transportation and Augusta-Richmond County have
agreed that installation of high mast street lighting at the Gordon Highway and Deans Bridge Road
interchanges on I-520 will provide positive benefits for these interchanges; and
WHEREAS, the Georgia Department of Transportation will develop an Agreement for Energy,
Maintenance and Operation of the high mast street lighting and send it to Augusta-Richmond County for
review and execution;
THE COMMISSION OF AUGUSTA-RICHMOND COUNTY, GEORGIA HEREBY RESOLVES
AS FOLLOWS:
SECTION 1: Augusta-Richmond County Commission hereby request the Georgia Department of
Transportation assist in placing high mast street lighting at the Gordon Highway and Deans Bridge Road
interchanges along I-520 as part of the noted project.
SECTION 2: Augusta-Richmond County Commission resolves that a copy of this Resolution be
forwarded to the Commissioner of Georgia Department of Transportation, forthwith.
Duly adopted this day of , 2010
AUGUSTA-RICHMOND COUNTY, GEORGIA
By: ______________________________________
David S. Copenhaver
As its Mayor
ATTEST:
_____________________________
Lena J. Bonner, Clerk of Commission
Attachment number 1Page 1 of 1
Commission Meeting Agenda
5/18/2010 5:00 PM
Willis Foreman Road over Spirit Creek Bridge Replacement - CPB2- Contract Award
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve Capital Project Budget Change Number Two 324-
041110-207824001, and award the Construction Contract to Mabus Brothers
Construction Co., Inc. in the amount of $1,316,483.15 for the Willis
Foreman Road over Spirit Creek Bridge Replacement, subject to receipt of a
detailed project schedule; a contractor’s project team - approved by the
Engineering Department; a traffic control plan; signed contract(s), and
proper bonds. Also approve Supplemental Agreement Number Three to
Cranston Engineering Group, PC in the amount of $118,400.00 for
additional services that include construction observation and field
engineering. Funding is available in the project account for the AED.
(Approved by Engineering Services Committee May 10, 2010)
Background:In 2006, GDOT submitted a Biennial Bridge Inspection Report on the
County and Federal Aid Secondary Bridges to Augusta-Richmond
County. This report recommended reducing the weight limit for the bridge
to three tons, and suggested re-routing school buses and trucks. A temporary
repair was performed on the bridge to allow school bus and truck traffic
back on to Willis Foreman Road for a time limit of five years. In February
2007, Augusta-Richmond County approved to have the bridge designed and
replaced. The bridge will be constructed while under normal traffic flow.
Analysis:Bids were received on February 1, 2010 with Mabus Brothers Construction
Co., Inc. being the low bidder. Bid results are as follow: CONTRACTORS
BID 1. Mabus Brothers Construction Co., Inc. $1,316,483.15 2. Reeves
Construction Co. $1,396,919.23 3. Rogers Bridge Company $1,536,154.65
4. Alpha Construction Company, Inc. $1,680,974.55 5. L-J, Inc.
$1,957,872.54 It is the Engineering Department recommendation to award
this project to the low bidder, subject to receipt of the following items: 1.
Detailed Project Schedule 2. Contractor’s Project Team (Approval by AED)
3. Traffic Control Plan 4. Signed Contracts and Proper Bonds
Financial Impact:Funds are available in the project contingency account to be transferred to
the construction account 324-041110-5414110/207824001 upon
Commission approval.
Alternatives:1) Approve Capital Project Budget Change Number Two 324-041110-
207824001, and award the Construction Contract to Mabus Brothers
Construction Co., Inc. in the amount of $1,316,483.15 for the Willis
Foreman Road over Spirit Creek Bridge Replacement, subject to receipt of a
detailed project schedule; a contractor’s project team - approved by the
Engineering Department; a traffic control plan; signed contract(s), and
Cover Memo
proper bonds. Also approve Supplemental Agreement Number Three to
Cranston Engineering Group, PC in the amount of $118,400.00 for
additional services that include construction observation and field
engineering. Funding is available in the project account for the AED. 2) Do
not approve and close Willis Foreman Road to school bus and truck traffic
between Windsor Spring Road and Deans Bridge Road.
Recommendation:Approve Alternative Number One.
Funds are Available in
the Following
Accounts:
324-041110-5414110/207824001
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby amended:
Section 1: The project change is authorized to CPB# 324-04-207824001. This project
is for Willis Foremean Road over Spirit Creek Bridge Replacement. Funding
in the amount of $1,316,484.00 is availabale in the project contingency
Account for construction and $118,400 is available in project contingency account
for construction observation.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase IV Recapture 16,928$
Special 1% Sales Tax, Phase IV Recapture 65,070$
Special 1% Sales Tax, Project Account 2,008,100$
2,090,098$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Spirit Creek $ 2,090,098$ 3rd 2,090,098$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
CAPITAL PROJECT BUDGET
WILLIS FOREMAN ROAD OVER SPIRIT CREEK BRIDGE REPLACEMENT
CPB#324-041110-207824001
CHANGE NUMBER TWO
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for er er er execution. For information reference this request contact engineering xecution. For information reference this request contact engineering xecution. For information reference this request contact engineering xecution. For information reference this request contact engineering
at ext 5070. Thanks at ext 5070. Thanks at ext 5070. Thanks at ext 5070. Thanks
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Deke Copenhaver, Mayor
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission foPlease do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for er er er execution. For information reference this request contact engineering xecution. For information reference this request contact engineering xecution. For information reference this request contact engineering xecution. For information reference this request contact engineering
at ext 5070. Thanks at ext 5070. Thanks at ext 5070. Thanks at ext 5070. Thanks
4.5.2010
Attachment number 1Page 1 of 2
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
WILLIS FOREMAN ROAD OVER SPIRIT CREEK BRIDGE REPLACEMENT
CPB#324-041110-207824001
CHANGE NUMBER TWO
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPLOST, PHASE IV RECAPTURE
324-04-1110-6011110-207824999 $81,998 $0 $81,998
SPLOST PROJECT ACCOUNT
324-04-1110-6011110-207824001 $2,008,100 $0 $2,008,100
TOTAL SOURCES: $2,090,098 $0 $2,090,098
USE OF FUNDS
CONTINGENCY
324-04-1110-6011110-207824001 $1,996,550 ($1,434,884)$561,666
CONSTRUCTION
324-04-1110-5414110-207824001 $0 $1,434,884 $1,434,884
$1,316,484 for Const. 118,400 for Const.Observ
ENGINEERING
324-04-1110-5212115-206824001 $81,998 $0 $81,998324-04-1110-5212115-206824001 $81,998 $0 $81,998
RIGHT OF WAY
324-04-1110-5411120-207824001 $11,550 $0 $11,550
TOTAL USES: $2,090,098 $0 $2,090,098
4.5.2010
Attachment number 1Page 2 of 2
Attachment number 2Page 1 of 2
Attachment number 2Page 2 of 2
Attachment number 3Page 1 of 1
Ve
n
d
o
r
s
:
Ca
p
e
R
o
m
a
i
n
C
o
n
t
61
2
C
a
p
e
R
o
m
a
i
n
Wo
n
d
o
,
S
C
8
9
9
4
2
Ro
g
e
r
s
B
r
i
d
g
e
C
o
P.
O
.
B
o
x
1
5
5
1
7
At
l
a
n
t
a
,
G
A
3
0
3
3
3
L-
J
I
n
c
22
0
S
t
o
n
e
B
r
i
d
g
e
D
r
Co
l
u
m
b
i
a
,
S
C
2
9
2
1
0
Al
p
h
a
C
o
n
s
t
r
u
c
t
i
o
n
42
5
0
O
g
e
e
c
h
e
e
R
d
Sa
v
a
n
n
a
h
,
G
A
3
1
4
0
5
Ma
b
u
s
B
r
o
t
h
e
r
s
92
0
M
o
l
l
y
P
o
n
d
R
d
Au
g
u
s
t
a
,
G
A
3
0
9
0
1
Re
e
v
e
s
C
o
n
s
t
r
u
c
t
i
o
n
P.
O
.
B
o
x
1
1
2
9
Au
g
u
s
t
a
,
G
A
3
0
9
0
3
At
t
a
c
h
m
e
n
t
B
Ye
s
Y
e
s
Y
e
s
Y
e
s
Y
e
s
Ad
d
e
n
d
u
m
1
-
2
Ye
s
Y
e
s
Y
e
s
Y
e
s
Y
e
s
Bi
d
B
o
n
d
Ye
s
Y
e
s
Y
e
s
Y
e
s
Y
e
s
To
t
a
l
B
i
d
A
m
o
u
n
t
$1
,
5
3
6
,
1
5
4
.
6
5
$
1
,
9
5
7
,
8
7
2
.
5
4
$
1
,
6
8
0
,
9
7
4
.
5
5
$
1
,
3
1
6
,
4
8
3
.
1
5
$
1
,
3
9
6
,
9
1
9
.
2
3
Bi
d
I
t
e
m
#
0
9
-
1
9
8
Wi
l
l
i
s
F
o
r
e
m
a
n
R
o
a
d
(
O
v
e
r
S
p
i
r
i
t
C
r
e
e
k
)
B
r
i
d
g
e
R
e
p
l
a
c
e
m
e
n
t
Fo
r
t
h
e
C
i
t
y
o
f
A
u
g
u
s
t
a
-
E
n
g
i
n
e
e
r
i
n
g
D
e
p
a
r
t
m
e
n
t
Bi
d
O
p
e
n
i
n
g
D
a
t
e
:
M
o
n
d
a
y
,
F
e
b
r
u
a
r
y
1
,
2
0
1
0
a
t
1
1
:
0
0
a
.
m
.
Pa
g
e
1
o
f
2
Attachment number 4Page 1 of 2
Ve
n
d
o
r
s
:
Gr
e
g
o
r
y
B
r
i
d
g
e
C
o
P.
O
.
B
o
x
3
3
5
5
Ea
t
o
n
t
o
n
,
G
A
3
1
0
2
4
Sc
o
t
t
B
r
i
d
g
e
C
o
70
7
S
c
o
t
t
N
i
x
o
n
B
l
v
d
Au
g
u
s
t
a
,
G
A
3
0
8
0
5
Br
i
d
g
e
C
r
e
e
k
C
o
n
s
13
7
9
H
w
y
1
1
N
o
r
t
h
Me
t
t
e
r
,
G
A
3
0
6
5
5
Th
e
E
r
o
s
i
o
n
G
r
o
u
p
32
1
3
5
C
h
e
r
o
k
e
e
L
n
Bu
i
l
d
i
n
g
1
7
0
0
Wo
o
d
s
t
o
c
k
,
G
A
3
0
1
8
8
At
t
a
c
h
m
e
n
t
B
Ad
d
e
n
d
u
m
1
-
2
Bi
d
B
o
n
d
To
t
a
l
B
i
d
A
m
o
u
n
t
Bi
d
I
t
e
m
#
0
9
-
1
9
8
Wi
l
l
i
s
F
o
r
e
m
a
n
R
o
a
d
(
O
v
e
r
S
p
i
r
i
t
C
r
e
e
k
)
B
r
i
d
g
e
R
e
p
l
a
c
e
m
e
n
t
Fo
r
t
h
e
C
i
t
y
o
f
A
u
g
u
s
t
a
-
E
n
g
i
n
e
e
r
i
n
g
D
e
p
a
r
t
m
e
n
t
Bi
d
O
p
e
n
i
n
g
D
a
t
e
:
M
o
n
d
a
y
,
F
e
b
r
u
a
r
y
1
,
2
0
1
0
a
t
1
1
:
0
0
a
.
m
Pa
g
e
2
o
f
2
Attachment number 4Page 2 of 2
Attachment number 5Page 1 of 2
Attachment number 5Page 2 of 2
Attachment number 6Page 1 of 1
Attachment number 7Page 1 of 4
Attachment number 7Page 2 of 4
Attachment number 7Page 3 of 4
Attachment number 7Page 4 of 4
Commission Meeting Agenda
5/18/2010 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the Commission
held on May 4, 2010.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
5/18/2010 5:00 PM
Tax Assessor Appointment
Department:
Caption:Motion to approve the appointment of Bernard Johnson to the Tax
Assessor's Board due to the resignation of Bill Lockett
representing Sentorial District 22.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Commission Meeting Agenda
5/18/2010 5:00 PM
Affidavit
Department:Clerk of Commission
Caption:Motion to authorize execution by the Mayor of the affidavit of compliance
with Georgia's Open Meeting Act.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo