HomeMy WebLinkAbout2010-11-16-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
11/16/2010
5:00 PM
INVOCATION:
Reverend Larry Cone, Pastor, St. Paul Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Employee of the Month
A. Mr. Steve Little, Assistant Director, Augusta Utilities Department, September
Employee of the Month.
Attachments
Employee of the Month
B. Ms. Rebecca Godbee, Benefits Coordinator, Human Resources Department, October
2010 Employee of the month.
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
C. Ms. Annette McKie, The Augusta Bus Riders Association. RE: Issues concerning
the Augusta Public Transit System.
Attachments
CONSENT AGENDA
(Items 1-40)
PLANNING
1. ZA-R-200 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition to amend the Comprehensive Zoning Ordinance of
Augusta Richmond County by modifying Section 24-1 (d) permitted uses in an HI
(Heavy Industry) zone.
Attachments
2. FINAL PLAT – GRANITE HILL SECTION III – S-815 – A petition by Southern
Partners Inc., on behalf of Crowell & Co., requesting final plat approval for Granite
Attachments
Hill Section 3. This residential subdivision is located off Harper Franklin Boulevard,
east of Jimmie Dyess Parkway and contains 157 lots.
3. Z-10-61 - A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Ricky E. Kidd requesting a Special Exception
to establish a Family Personal Care Home per Section 26-1 (H) of the
Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property
containing .46 acres and is known as 2006 Sibley Road. (Tax Map 055-1-083-00-0)
DISRICT 5
Attachments
4. Z-10-62 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Byrd Warlick, on behalf MEM Real Estate,
LLC, requesting a change of zoning from Zone R-3C (Multiple-family Residential)
with a Special Exception to establish a nursing home per Section 26-1 (D) of the
Comprehensive Zoning Ordinance for Augusta Richmond County to Zone A
(Agriculture) affecting property containing approximately 27 acres and is located on
the northeast right-of-way line of Flowing Wells Road, 1,293 feet, more or less,
north of Elm Avenue. (Tax Map 029-0-045-00-0) DISTRICT 3
Attachments
5. Z-10-63 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following conditions 1) an undisturbed natural
buffer must be maintained along the south property line; 2) a 50 foot “no activity
zone” shall be observed along the south property line; 3) a six foot solid board
fence shall be erected on the interior side of the 50 foot “no activity zone” along
the south property line; a petition by H. Lawson Graham, on behalf of Chris
Walker, requesting a modification of the conditions placed on a 1999 rezoning case
(Z-99-16) for Zone LI (Light Industry) affecting property containing 8.87 acres and is
known as 1632 and 1640 Barton Chapel Road. (Tax map 054-0-020-01-0 & 054-0-
020-02-0) DISTRICT 3
Attachments
6. Z-10-64 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following condition 1) that the development be
limited to 31 lots; a petition by Nathan Youngblood, on behalf of Nordahl and
Company, requesting a change of zoning from Zone R-1 (One-family Residential)
to Zone R-1C (One-family Residential) affecting property containing approximately
19 acres and is known as Section XV of Cambridge Subdivision and is located on
the northeast right-of-way line of Thames Place, 71 feet, more or less, west of
Bansbury Place, thence, in a northwesterly direction a distance of 49 feet, more or
less, to a point. (Tax Map 142-0-091-00-0) DISTRICT 4
Attachments
7. ZA-R-199 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition to amend the Comprehensive Zoning Ordinance of
Augusta Richmond- County by deleting Section 28-A-(5-B-2) defining
Attachments
telecommunication towers in the single family zones.
PUBLIC SERVICES
8. Motion to approve the Transfer Application: A. N. 10 - 48: request by Brad Usry to
transfer the Liquor, Beer & Wine license used in connection with the Riverfront
Cafe located at #1 7th St. to Fat Man's Mill Cafe located at 1450 Greene St Suite
600. District 1. Super District 9. (Approved by Public Services Committee
November 8, 2010)
Attachments
9. Motion to approve New Ownership Application: A. N. 10 - 49: request by Manpreet
K. Makkar for a retail package Beer & Wine license to be used in connection with
Suhana, LLC DBA Super Express #3 located at 2545 Peach Orchard Rd. District 2.
Super District 9. (Approved by Public Services Committee November 8, 2010)
Attachments
10. Motion to approve New Ownership Application: A. N. 10 - 50: request by Chong
Suk Christenson for an on premise consumption Liquor, Beer & Wine license to be
used in connection with Chong's Lounge located at 3243 Deans Bridge Rd. District
5. Super District 9. (Approved by Public Services Committee November 8, 2010)
Attachments
11. Motion to approve New Ownership Application: A. N. 10 - 51: request by Angela L.
Askew for an on premise consumption Liquor, Beer & Wine license to be used in
connection with A's Sport Bar located at 2510 G Peach Orchard Rd. District 2. Super
District 9. (Approved by Public Services Committee November 8, 2010)
Attachments
12. Motion to approve New Ownership Application: A. N. 10 - 52: request by Hye J.
Lee for a retail package Beer & Wine license to be used in connection with Lucky
Trip convenience store located at 2260 Lumpkin Rd. District 6. Super District 10.
(Approved by Public Services Committee November 8, 2010)
Attachments
13. Motion to approve New Application: A. N. 10 - 53: request by David J. Ross for an
on premise consumption Liquor Beer & Wine license to be used in connection with
5 O' Clock Bistro located at 2111 Kings Way. There will be Sunday Sales. District 1.
Super District 9. (Approved by Public Services Committee November 8, 2010)
Attachments
14. Motion to approve New Ownership Application: A. N. 10 - 54: request by Arvind
Patel for a retail package Beer & Wine licene to used in connection with Laxmi
Narayan Market, Inc. DBA Holiday Market located at 4127 Windsor Spring Rd.
District 4. Super District 9. (Approved by Public Services Committee November 8,
2010)
Attachments
15. Motion to approve New Ownership Application A. N. 10 - 55: request by Satnam
Singh for a retail package Beer & Wine license to be used in connection with Satta,
LLC DBA Super Express #4 located at 1342 Gordon Hwy. District 1. Super District
9. (Approved by Public Services Committee November 8, 2010)
Attachments
16. Motion to approve a Ownership Application: A. N. 10 - 56: request by Matthew G.
Widener for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Surrey Tavern located at 471 Highland Ave. There will be Dance.
District 7. Super District 10. (Approved by Public Services Committee November
8, 2010)
Attachments
17. Motion to approve a request by License & Inspections to renew all current Arcade,
Adult Entertainment Establishments and Alcohol Beverage License Holders in
good standing and current on all Taxes & Fees. There will be Dance. There will be
Sunday Sales with the exception of Mamie Lee's Southern Cooking. District 1 thru
8. Super Districts 9 & 10. (Approved by Public Services Committee November 8,
2010)
Attachments
18. Motion to approve the Concessions Improvement Area Change Order #1
as requested by the Augusta Aviation Commission. (Approved by Public Services
Committee November 8, 2010)
Attachments
ADMINISTRATIVE SERVICES
19. Motion to authorize submission of the 2010 Exhibit I and II Continuum of Care
Application to HUD and grant the Mayor the authority to execute all forms associated
with the Application which also include submission of the Follow-up Technical
Submission Application, renewal Grant Agreements and Annual Progress Reports.
(Approved by Administrative Services Committee November 8, 2010)
Attachments
20. Motion to approve the creation of the proposed position (job description attached) for
HVAC Technician II, convert the vacant Electrician II position at the Public Services
Facilities Management Construction Shop to the HVAC Tech II and transfer the
position to the Webster Detention Center Operations Group. (Approved by
Administrative Services Committee November 8, 2010)
Attachments
PUBLIC SAFETY
21. Motion to approve the installation of fiber optic cabling to provide network and
telecommunications services to the Judicial Center located at 735 James Brown Blvd,
as well as a redundant connection to the Coroner's Office located at 921 8th St.
(Approved by Public Safety Committee November 8, 2010)
Attachments
22. Motion to award the Inmate Medical Contract for the Richmond County Sheriff's
Office to Correct Care Solutions at a cost of $4,338,000 per year for a five-year
period. (Approved by Public Safety Committee November 8, 2010)
Attachments
FINANCE
23. Motion to approve the transfer of funds to cover Worker's Compensation claims
expenses through the end of 2010 in the amount of $275,000. (Approved by Finance
Committee November 8, 2010)
Attachments
ENGINEERING SERVICES
24. Motion to approve an option for the purposes of acquiring a Right-of-Way between
Prayon, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the
Marvin Griffin Road Improvement Project, conveyed in fee simple, consisting of
(9,291 sq. ft.) more or less, and (150 sq. ft) of permanent easement, more or less;
and (5,171 sq. ft.) of temporary construction easement from the property located at:
1610 Marvin Griffin Road, private, at the purchase price of $24,500.00. (Approved
by Engineering Services Committee November 8, 2010)
Attachments
25. Motion to approve the demolition of dilapidated structures on Landfill property.
(Approved by Engineering Services Committee November 8, 2010)
Attachments
26. Motion to approve the purchase of (2) John Deere 333D Track Loaders with
attachments off Georgia State Contract SWC080773. (Approved by Engineering
Services Committee November 8, 2010)
Attachments
27. Motion to approve the purchase of (3) Live Floor Trailers from Travis Body &
Trailer, Inc. (Approved by Engineering Services Committee November 8, 2010)
Attachments
28. Motion to approve the adoption of Augusta, Georgia NPDES Municipal Separate
Storm Sewer System (MS4) Stormwater Management Program (SWMP)-2010
SWMP modification as requested by AED. (Approved by Engineering Services
Committee November 8, 2010)
Attachments
29. Motion to approve CSX Letter of Agreement for Gordon Highway Easement GA-
245-1036972. (Approved by Engineering Services Committee November 8, 2010)
Attachments
30. Motion to approve a Change Order in the amount of $46,766.60 to Technical Service
Audio Visual (TSAV) for providing the Digital Recording Systems for the Hearing
Rooms for the New Judicial Center. Total amount of TSAV audio-visual contract
including this request will be $870,766.60 (Approved by Engineering Services
Committee November 8, 2010)
Attachments
31. Motion to approve Change Order in amount of $47,413.13 to Weinberger Business
Interiors for additions and modifications to the furniture schedule from bid # 10-084A
for the Augusta Judicial Center and John H. Ruffin, Jr. Courthouse. (Approved by
Engineering Services Committee November 8, 2010)
Attachments
32. Motion to approve an Option for the purposes of acquiring a Right-of-Way between
Kellogg Company, f/k/a Keebler Company, as owner, and Augusta, Georgia, as
optionee, in connection with the Marvin Griffin Road Improvement Project (610 sq.
ft.) in fee of permanent drainage and utility easement from property located at 1530
Marvin Griffin Road, private, at the purchase price of $500.00. Also granted (6,378
sq. ft.) of temporary construction easement, more or less. (Approved by Engineering
Services Committee November 8, 2010)
Attachments
33. Motion to approve award of Construction Contract to Mabus Brothers Construction
in the amount of $299,515.00 for the Paving Various Roads, Phase IX – Contract III
(Pyes Court) Project CPB #324-041110-208824001, subject to receipt of signed
contracts and proper bonds as requested by AED. Funding is available in the project
account. (Approved by Engineering Services Committee November 8, 2010)
Attachments
34. Motion to authorize condemnation to acquire title of property for right of way for the
Lamar Road Paving Project, Tax Map 226, Parcel 005-01; 2645 Lamar Road.
(Approved by Engineering Services Committee November 8, 2010)
Attachments
35. Motion to approve award of Construction Contract to Mabus Brothers Construction
in the amount of $1,372,680.50 for Resurfacing County Roads (Urban) Phase II
Project, subject to receipt of signed contracts and proper bonds. Funding is available
in SPLOST Phase IV as requested by AED. (Approved by Engineering Services
Committee November 8, 2010)
Attachments
36. Motion to approve award of Construction Contract to Mabus Brothers Construction
in the amount of $886,313.00 for the Resurfacing County Roads (Suburban) Phase II
Project, subject to receipt of signed contracts and proper bonds. Funding is available
in SPLOST Phase IV as requested by AED. (Approved by Engineering Services
Committee November 8, 2010)
Attachments
37. Motion to approve Augusta-Richmond County to supplement the contract of RW
Allen, LLC in the amount of $51,000 to relocate a sanitary sewer line in order to
resolve a conflict between an existing storm sewer and sanitary sewer located on the
southeast corner of the Broad Street and the former Pearl Avenue which is currently
part of the Kroc Center Property. (Approved by Engineering Services Committee
November 8, 2010)
Attachments
38. Motion to approve Capital Project Budget 324-041110-210824702 Change Number
One and Change Order One for additional site drainage improvement work in the
amount of $25,229.79 to J. Harris Trucking and Construction, Inc. on the Village
West Drainage Improvements project. Funding will be from SPLOST Phase IV Fund
Account Balance as requested by AED. (Approved by Engineering Services
Committee November 8, 2010)
Attachments
39. Motion to approve the adoption of the Soil Erosion, Sedimentation and Pollution
Control Ordinance as requested by AED. (Approved by Engineering Services
Committee November 8, 2010)
Attachments
PETITIONS AND COMMUNICATIONS
40. Motion to approve the minutes of the regular meeting of the Commission held
November 4, 2010, and Special Called (legal) meeting held November 8, 2010.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
11/16/2010
AUGUSTA COMMISSION
REGULAR AGENDA
11/16/2010
(Items 41-46)
PLANNING
41. Z-10-65 – A request for concurrence with the Augusta Richmond County Planning
Commission to deny a petition by Will Dozier, on behalf of Alice B. McKnight Trust,
requesting a change of zoning from Zone R-1A (One-family Residential) to Zone
R-MH (Manufactured Home Residential) and plan approval for a 205 lot
manufactured home park per Section 14-1 and 27-2 of the Comprehensive Zoning
Ordinance for Augusta Richmond County affecting property containing
approximately 38 acres and is known as 3330 Gibson Road. (Tax Map 084-1-013-
01-0) DISTRICT 5
Attachments
Upcoming Meetings
PUBLIC SERVICES
42. Motion to approve the revocation of the Business Tax Certificate for Mrs. Teresa
Cummings, d/b/a: Mamie Lee’s Southern Cooking, 2746 Tobacco Road, for failure to
comply with the ‘dance hall’ ordinance as recommended by the Sheriff's Office. (No
Recommendation from Public Services Committee November 8, 2010)
Attachments
ADMINISTRATIVE SERVICES
43. An Ordinance to amend the Augusta, Georgia Code, Article One, Chapter Ten,
relating to the procurement of goods and services and the Local Small Business
Opportunities Program so as to provide updates and to establish policies, procedures
and guidelines regarding the procurement process and the Local Small Business
Opportunities Program; to repeal all Ordinances and parts of Ordinances in conflict
herewith; to provide an effective date and for other purposes. (No recommendation
from Administrative Services Committee November 8, 2010)
Attachments
44. An Ordinance to present proposal to amend the Augusta, Georgia Charter and Laws
of Local Application, Section 1-40 relating to equal opportunity; to separate the
function of Equal Employment Opportunity from Minority and Small Business
Opportunities; to provide policies and guidelines; to create a Local Small Business
Advisory Board; to repeal all Charter, Code Sections and Ordinances and parts of
Charter, Code Sections and Ordinances in conflict herewith; to provide an effective
date and for other purposes. (No recommendation from Administrative Services
Committee November 8, 2010)
Attachments
ADMINISTRATOR
45. Motion to approve the adoption of the proposed 2011 Augusta-Richmond County
Budget.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
46. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
www.augustaga.gov
Commission Meeting Agenda
11/16/2010 5:00 PM
Invocation
Department:Clerk of Commission
Caption:Reverend Larry Cone, Pastor, St. Paul Baptist Church
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 1
Commission Meeting Agenda
11/16/2010 5:00 PM
Employee of the Month
Department:
Caption:Mr. Steve Little, Assistant Director, Augusta Utilities Department,
September 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
Item # 2
Attachment number 1
Page 1 of 1
Item # 2
Commission Meeting Agenda
11/16/2010 5:00 PM
Employee of the Month
Department:
Caption:Ms. Rebecca Godbee, Benefits Coordinator, Human Resources Department,
October 2010 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
Item # 3
Attachment number 1
Page 1 of 1
Item # 3
Commission Meeting Agenda
11/16/2010 5:00 PM
The Augusta Bus Riders Association
Department:
Caption:Ms. Annette McKie, The Augusta Bus Riders Association. RE: Issues
concerning the Augusta Public Transit System.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 4
Attachment number 1
Page 1 of 3
Item # 4
Attachment number 1
Page 2 of 3
Item # 4
Attachment number 1
Page 3 of 3
Item # 4
Commission Meeting Agenda
11/16/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: ZA-R-200 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve a petition to amend the Comprehensive
Zoning Ordinance of Augusta Richmond County by modifying Section 24-1
(d) permitted uses in an HI (Heavy Industry) zone.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 5
ORDINANCE ______
An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the
Augusta-Richmond County Commission effective September 16, 1997 by
amending Section 24 (Heavy Industry)
THE AUGUSTA COMMISSION HEREBY ORDAINS:
SECTION I. That the Comprehensive Zoning Ordinance is amended by modification of
the following language in Section 24-1 (d) (9)
(d) The following uses provided, however, no building, structure, or portion thereof,
shall be hereafter erected, converted, or otherwise used for residential purposes:
(9) Concrete, cement products, or clay manufacture
SECTION III. That the Comprehensive Zoning Ordinance is amended by modification of the
following language in Section 24-1 (d) (9)
(d) The following uses provided, however, no building, structure, or portion thereof,
shall be hereafter erected, converted, or otherwise used for residential purposes:
(9) Concrete or clay manufacture
SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed.
Duly adopted by the Augusta-Richmond County Commission this ______ day of
__________________, 2010.
__________________________________________
MAYOR, AUGUSTA COMMISSION
AUGUSTA, GEORGIA
ATTEST:
Attachment number 1
Page 1 of 2
Item # 5
________________________________________
LENA BONNER, CLERK
First Reading: ____________________________
Second Reading: __________________________
Attachment number 1
Page 2 of 2
Item # 5
Commission Meeting Agenda
11/16/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: FINAL PLAT – GRANITE HILL SECTION III – S-815 – A petition by
Southern Partners Inc., on behalf of Crowell & Co., requesting final plat
approval for Granite Hill Section 3. This residential subdivision is located
off Harper Franklin Boulevard, east of Jimmie Dyess Parkway and contains
157 lots.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 6
Commission Meeting Agenda
11/16/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-10-61 - A request for concurrence with the Augusta Richmond County
Planning Commission to approve a petition by Ricky E. Kidd requesting a
Special Exception to establish a Family Personal Care Home per Section
26-1 (H) of the Comprehensive Zoning Ordinance for Augusta-Richmond
County affecting property containing .46 acres and is known as 2006 Sibley
Road. (Tax Map 055-1-083-00-0) DISRICT 5
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 7
Commission Meeting Agenda
11/16/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-10-65 – A request for concurrence with the Augusta Richmond County
Planning Commission to deny a petition by Will Dozier, on behalf of Alice
B. McKnight Trust, requesting a change of zoning from Zone R-1A (One-
family Residential) to Zone R-MH (Manufactured Home Residential)
and plan approval for a 205 lot manufactured home park per Section 14-1
and 27-2 of the Comprehensive Zoning Ordinance for Augusta Richmond
County affecting property containing approximately 38 acres and is known
as 3330 Gibson Road. (Tax Map 084-1-013-01-0) DISTRICT 5
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 8
Commission Meeting Agenda
11/16/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-10-62 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve a petition by Byrd Warlick, on
behalf MEM Real Estate, LLC, requesting a change of zoning from Zone R-
3C (Multiple-family Residential) with a Special Exception to establish a
nursing home per Section 26-1 (D) of the Comprehensive Zoning Ordinance
for Augusta Richmond County to Zone A (Agriculture) affecting property
containing approximately 27 acres and is located on the northeast right-of-
way line of Flowing Wells Road, 1,293 feet, more or less, north of Elm
Avenue. (Tax Map 029-0-045-00-0) DISTRICT 3
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 9
Commission Meeting Agenda
11/16/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-10-63 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve with the following conditions 1) an
undisturbed natural buffer must be maintained along the south
property line; 2) a 50 foot “no activity zone” shall be observed along the
south property line; 3) a six foot solid board fence shall be erected on
the interior side of the 50 foot “no activity zone” along the south
property line; a petition by H. Lawson Graham, on behalf of Chris Walker,
requesting a modification of the conditions placed on a 1999 rezoning case
(Z-99-16) for Zone LI (Light Industry) affecting property containing 8.87
acres and is known as 1632 and 1640 Barton Chapel Road. (Tax map 054-
0-020-01-0 & 054-0-020-02-0) DISTRICT 3
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 10
Commission Meeting Agenda
11/16/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: Z-10-64 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve with the following condition 1) that the
development be limited to 31 lots; a petition by Nathan Youngblood, on
behalf of Nordahl and Company, requesting a change of zoning from Zone
R-1 (One-family Residential) to Zone R-1C (One-family Residential)
affecting property containing approximately 19 acres and is known as
Section XV of Cambridge Subdivision and is located on the northeast
right-of-way line of Thames Place, 71 feet, more or less, west of Bansbury
Place, thence, in a northwesterly direction a distance of 49 feet, more or less,
to a point. (Tax Map 142-0-091-00-0) DISTRICT 4
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 11
Commission Meeting Agenda
11/16/2010 5:00 PM
Planning Commission
Department:Planning Commission
Caption: ZA-R-199 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve a petition to amend the Comprehensive
Zoning Ordinance of Augusta Richmond- County by deleting Section 28-A-
(5-B-2) defining telecommunication towers in the single family zones.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 12
ORDINANCE ______
An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the
Augusta-Richmond County Commission effective September 16, 1997 by
amending Section 28-A (Telecommunication Towers)
THE AUGUSTA COMMISSION HEREBY ORDAINS:
SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting the
following in Section 28-A-(5-B-2)
2. Monopole and antenna telecommunication facilities may be located in a
single family residential zone upon the granting of a special exception.
SECTION II. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby
repealed.
Duly adopted by the Augusta-Richmond County Commission this ______ day of
__________________, 2010.
__________________________________________
MAYOR, AUGUSTA COMMISSION
AUGUSTA, GEORGIA
ATTEST:
________________________________________
LENA BONNER, CLERK
First Reading: ____________________________
Second Reading: __________________________
Attachment number 1
Page 1 of 1
Item # 12
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve the Transfer Application: A. N. 10 - 48: request by Brad
Usry to transfer the Liquor, Beer & Wine license used in connection with
the Riverfront Cafe located at #1 7th St. to Fat Man's Mill Cafe located at
1450 Greene St Suite 600. District 1. Super District 9. (Approved by
Public Services Committee November 8, 2010)
Background:This is a transfer application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol ordinance.
Financial Impact:The applicant will pay a transfer fee of $110.00.
Alternatives:
Recommendation:License & Inspections recommends approval.The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
Attachment number 1
Page 1 of 2
Item # 13
Attachment number 1
Page 2 of 2
Item # 13
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 10 - 49: request by
Manpreet K. Makkar for a retail package Beer & Wine license to be used in
connection with Suhana, LLC DBA Super Express #3 located at 2545 Peach
Orchard Rd. District 2. Super District 9. (Approved by Public Services
Committee November 8, 2010)
Background:This is a new ownership application. Formerly in the name of Rita Patel.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro - rated fee of $650.00.
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 14
Attachment number 1
Page 1 of 2
Item # 14
Attachment number 1
Page 2 of 2
Item # 14
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 10 - 50: request by
Chong Suk Christenson for an on premise consumption Liquor, Beer &
Wine license to be used in connection with Chong's Lounge located at 3243
Deans Bridge Rd. District 5. Super District 9. (Approved by Public
Services Committee November 8, 2010)
Background:This is the former Golden Garden Lounge.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro - rated fee of $2117.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 15
Attachment number 1
Page 1 of 2
Item # 15
Attachment number 1
Page 2 of 2
Item # 15
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 10 - 51: request
by Angela L. Askew for an on premise consumption Liquor, Beer & Wine
license to be used in connection with A's Sport Bar located at 2510 G Peach
Orchard Rd. District 2. Super District 9. (Approved by Public Services
Committee November 8, 2010)
Background:This is a new ownership application. Formerly in the name of Charlie
Sconyers.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro - rated fee of $2117.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 16
Attachment number 1
Page 1 of 2
Item # 16
Attachment number 1
Page 2 of 2
Item # 16
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 10 - 52: request by
Hye J. Lee for a retail package Beer & Wine license to be used in
connection with Lucky Trip convenience store located at 2260 Lumpkin Rd.
District 6. Super District 10. (Approved by Public Services Committee
November 8, 2010)
Background:This is a new ownership application. Formerly in the name of Sikandar
Menom.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro - rated fee of $650.00.
Alternatives:
Recommendation:License & Inspections recommends approval, The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 17
Attachment number 1
Page 1 of 2
Item # 17
Attachment number 1
Page 2 of 2
Item # 17
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 10 - 53: request by David J.
Ross for an on premise consumption Liquor Beer & Wine license to be
used in connection with 5 O' Clock Bistro located at 2111 Kings Way. There
will be Sunday Sales. District 1. Super District 9. (Approved by Public
Services Committee November 8, 2010)
Background:This is a new application.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro - rated fee of $3327.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 18
Attachment number 1
Page 1 of 2
Item # 18
Attachment number 1
Page 2 of 2
Item # 18
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 10 - 54: request by
Arvind Patel for a retail package Beer & Wine licene to used in connection
with Laxmi Narayan Market, Inc. DBA Holiday Market located at 4127
Windsor Spring Rd. District 4. Super District 9. (Approved by Public
Services Committee November 8, 2010)
Background:This is a new ownership application. Formerly in the name of Jung Farrar.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro - rated fee of &605.00.
Alternatives:
Recommendation:License & Inspection recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 19
Attachment number 1
Page 1 of 2
Item # 19
Attachment number 1
Page 2 of 2
Item # 19
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application A. N. 10 - 55: request by
Satnam Singh for a retail package Beer & Wine license to be used in
connection with Satta, LLC DBA Super Express #4 located at 1342 Gordon
Hwy. District 1. Super District 9. (Approved by Public Services
Committee November 8, 2010)
Background:This is a new ownership application. Formerly in the name of Rita Patel.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a pro - rated fee of $605.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 20
Attachment number 1
Page 1 of 2
Item # 20
Attachment number 1
Page 2 of 2
Item # 20
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve a Ownership Application: A. N. 10 - 56: request by
Matthew G. Widener for an on premise consumption Liquor, Beer &
Wine license to be used in connection with Surrey Tavern located at 471
Highland Ave. There will be Dance. District 7. Super District 10.
(Approved by Public Services Committee November 8, 2010)
Background:This is a new ownership application. Formerly in the name of Robert
Finnerguerrera.
Analysis:The applicant meets the requirements of the Augusta Richmond County
alcohol Ordinance.
Financial Impact:The applicant will pay a pro - rated fee of $2227.50.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 21
Attachment number 1
Page 1 of 2
Item # 21
Attachment number 1
Page 2 of 2
Item # 21
Commission Meeting Agenda
11/16/2010 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve a request by License & Inspections to renew all current
Arcade, Adult Entertainment Establishments and Alcohol Beverage
License Holders in good standing and current on all Taxes & Fees. There
will be Dance. There will be Sunday Sales with the exception of Mamie
Lee's Southern Cooking. District 1 thru 8. Super Districts 9 & 10.
(Approved by Public Services Committee November 8, 2010)
Background:This is the normal renewal process.
Analysis:The applicants meet the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 22
Commission Meeting Agenda
11/16/2010 5:00 PM
Change Order #1 – Concessions Improvement Area
Department:Augusta Regional Airport
Caption:Motion to approve the Concessions Improvement Area Change Order #1
as requested by the Augusta Aviation Commission. (Approved by Public
Services Committee November 8, 2010)
Background:When the Terminal Improvements were negotiated, the Concessions Area in
the hold room was not slated to be fitted out so the Concessionaire could
assist with the design. Since the new terminal has been opened passengers
have constantly complained about the fact there is no convenient place to get
hot food and drinks in the Hold room. The Commission and Staff
determined it was time to bid out the Concessions Improvements. Using the
Procurement Departments process for bidding, S. D. Clifton Construction,
Inc. was selected on May 10, 2010 at a total cost of $287,016.00.
Analysis:Recently it was noted that certain items were not included in the original
bid. These items are necessary for security purposes and to ensure the
concessions area functions properly.
Financial Impact:This will add a total of $5,720 to the existing contract making the overall
total of the Concessions Area Improvements a total of $292,736.00.
Alternatives:Deny request.
Recommendation:The Augusta Aviation Commission recommends the approval of Change
Order # 1 for the Concessions Area Improvements in the amount of $5,720.
Funds are Available in
the Following
Accounts:
551 08 1301/5413130
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission Cover Memo
Item # 23
C A M P B E L L & P A R I S
E N G I N E E R S
313 WINGO WAY
MT. PLEASANT, SOUTH CAROLINA 29464
WWW.CAMPBELL-PARIS.COM
TEL 843.856.9989/FAX 843.856.2829
October 25, 2010
Mr. Gary Le Tellier, AAE
Executive Director
Augusta Regional Airport
1501 Aviation Way
Augusta, Georgia 30906
RE: Concession Area Improvements
Augusta Regional Airport at Bush Field
Request for Change Order #1
Dear Mr. Le Tellier:
Please find enclosed one (1) copy of the Contractor’s request for Change Order #1
associated with the Concession Area Improvements Project. As part of this Change Order
#1, I have attached a breakdown of the Contractor’s costs associated with performing the
following:
1. Relocate two (2) existing light/fan control switches located on a wall to be demolished to
a permanent wall.Increase Contract Amount by - $208.00
2. While installing the Owner provided cooler/freezer it was determined that all the items
associated with the cooler/freezer were not available. The missing items included the
door latch, threshold for freezer door, plastic buttons for cam lock holes, and roller closer
hooks.Increase Contract Amount by - $523.00
3. While installing the Owner provided cooler/freezer it was determined that there did not
exist lights within either the cooler or freezer compartments. Building Codes require that
lights be installed inside each compartment.Increase Contract Amount - $432.00
4. During construction activities, it was determined that three (3) security boxes needed to
be lowered before the new ceiling grid was installed. It was determined that the existing
location of these boxes would be difficult to access after the ceiling was installed.
Increase Contract Amount - $2,240.00
5. During construction activities, it was determined that the existing Security Grills did not
have the necessary power and master key switches to operate the motors to raise and
lower the grills. These items were not included in the original construction of the
Terminal Building and are necessary to operate the security grills as originally designed.
Increase Contract Amount - $2,317.00
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Attachment number 1
Page 1 of 14
Item # 23
Gary W. Le Tellier, AAE
Concession Area Improvements
Request For Change Order #1
October 25, 2010
Page 2 of 2
It is recommended that each of these items be approved for they are necessary for the
overall operation of the Concession Area. A summary of this request is:
ORIGINAL CONTRACT AMOUNT $ 287,016.00
COST FOR CHANGE ORDER #1 (1-A to 1-E) $ 5,720.00
REVISED CONTRACT AMOUNT $ 292,736.00
As always, should you have any questions concerning this matter, please do not hesitate to
contact me.
Sincerely,
Campbell & Paris Engineers
Jack L. Mayfield, P.E.
Vice President
cc: Julie Orwen/AGS and File
Attachment number 1
Page 2 of 14
Item # 23
C&P 0733 October 25, 2010
Concession Area Improvements
Page 1 of 2
CHANGE ORDER NO. 1
AUGUSTA REGIONAL AIRPORT
Concession Area Improvements
DESCRIPTION
Scope of Work - This Change Order is a result of field changes required to ensure the Concession Area
Improvements are fully operational. The following changes to the project are being requested:
1. There were two (2) light/fan control switches located on a wall to be demolished that were not included in
the original contract documents. The Contractor has provided a cost to relocate these switches to a
permanent wall. Refer to Change Order 1-A for the Contractor’s cost to relocate the two (2) switches.
Increase Contract Amount by - $208.00
2. While installing the Owner provided cooler/freezer it was determined that all the items associated with the
cooler/freezer were not available. The missing items included the door latch, threshold for freezer door,
plastic buttons for cam lock holes, and roller closer hooks. The Contractor has provided a cost to
purchase and install the above mentioned items. Refer to Change Order 1-B for the Contractor’s cost to
perform this additional work.
Increase Contract Amount by - $523.00
3. While installing the Owner provided cooler/freezer it was determined that there did not exist lights within
either the cooler or freezer compartments. Building Codes require that lights be installed inside each
compartment. The Contractor has provided a cost to purchase and install two (2) vapor type
incandescent light fixtures (one in the cooler and one in the freezer). Refer to Change Order 1-C for the
Contractor’s cost to perform this additional work.
Increase Contract Amount - $432.00
4. During the construction of the Concession Area Improvements, it was determined that three (3) security
boxes needed to be lowered before the new ceiling grid was installed. It was determined that the existing
location of these boxes would be difficult to access after the ceiling was installed. The Contractor has
provided a cost to relocate the three (3) security boxes/fixtures below the proposed ceiling to allow easy
access. Refer to Change Order 1-D for the Contractor’s cost to perform this additional work.
Increase Contract Amount - $2,240.00
5. During the construction of the Concession Area Improvements, it was determined that the existing
Security Grills did not have the necessary power and master key switches to operate the motors to raise
and lower the grills. These items were not included in the original construction of the Terminal Building
and are necessary to operate the security grills as originally designed. The Contractor has provided a
cost to purchase and install the necessary items safely operate the grill motors. Refer to Change Order
1-E for the Contractor’s cost to perform this additional work.
Increase Contract Amount - $2,317.00
Attachment number 1
Page 3 of 14
Item # 23
C&P 0733 October 25, 2010
Concession Area Improvements
Page 2 of 2
ORIGINAL CONTRACT AMOUNT $ 287,016.00
COST FOR CHANGE ORDER #1 (1-A to 1-E) $ 5,720.00
REVISED CONTRACT AMOUNT $ 292,736.00
SIGNATURE PAGE
RECOMMENDED:
________________________________October 25, 2010____
Jack Mayfield, PE
Vice President
CAMPBELL AND PARIS ENGINEERS DATE
APPROVED:
SPONSOR: AUGUSTA, GEORGIA
______________________________ ____________________
David S. Copenhaver, Mayor
CITY OF AUGUSTA DATE
______________________________ ____________________
Attest: Lena Bonner, Clerk of Commission
CITY OF AUGUSTA DATE
______________________________ ____________________
Karlton L. Howard, Chairman
AUGUSTA AVIATION COMMISSION DATE
______________________________ ____________________
Gary LeTellier, AAE
Executive Director
AUGUSTA REGIONAL AIRPORT AT BUSH FIELD DATE
______________________________ ____________________
Attest: Julie Orwen, Administrative Manager
AUGUSTA REGIONAL AIRPORT AT BUSH FIELD DATE
Attachment number 1
Page 4 of 14
Item # 23
P.O. Box 949 – Evans, GA 30809 – 706-731-0978 – Fax: 706-733-4030- E-mail:
sdclifton@knology.net
September 2, 2010
Campbell-Paris Engineers
303 Wingo Way
Mt. Pleasant, SC 29464
Attn: Jack Mayfield
Via email: jmayfield@campbell-paris.com
Re: Augusta Airport Concessions
Change Order Proposal
Dear Jack,
Following is our cost to relocate the two porch fan control switches to the
opposite side of the door.
Mundy & Salley Electrical’s cost to relocate the two switches (see attached
proposal)$181.08
S.D. Clifton’s Mark Up $ 26.92
TOTAL ADD $208.00
Please let us know as soon as possible if you want us to proceed with this change.
Sincerely,
Max Knight
Project Manager
Change Order 1-A
Attachment number 1
Page 5 of 14
Item # 23
M
MUNDY & SALLEY, INC.
&
ELECTRICAL CONTRACTORS
S INDUSTRIAL, COMMERCIAL
P.O.BOX 211534 4096 BUSINESS PARK CT.
MARTINEZ, GA. EVANS, GA. 30809
PHONE(706)860-4647 FAX(706)855-2097
ADDITIONAL WORK AUTHORIZATION
CONTRACTOR: CLIFTON CONSTRUCTION DATE:_9-02-10 .
ATTENTION: MAX KNIGHT C.O.#_1002 _______
JOB NAME:_ AUGUSTA AIRPORT .
WE HEREBY AGREE TO THESE SPECIFIED CHANGES AND CHARGES LISTED:
*****************************************************************
* RELOCATE (2) SWITCHES @ WALL TO BE REMOVED – SWITCHES TO BE *
* RELOCATED TO BESIDE EXISTING DOOR. *
* *
*PLEASE ADVISE TO PROCEED *
* *
* *
* *
* *
* MATERIALS>>$ 17.46 *
* LABOR>>$140.00 *
* 15%>>$23.62 *
* TOTAL>>$181.08 *
* *
ADDITIONAL CHARGE FOR ABOVE WORK:$181.00 __________________PAYMENT T0 BE MADE AS FOLLOWS: ADDED TO CONTRACT DRAW
OWNER:AGREES TO THE ADDITIONAL WORK AND CHARGES AS SPECIFIED ABOVE:
AUTHORIZED SIGNITURE: .
CONTRACTOR:AGREES TO FURNISH ALL LABOR AND MATERIALS TO COMPLETE WORK
AS SPECIFIED ABOVE AT PRICE SPECIFIED......................
AUTHORIZED SIGNITURE: _____________________________________
Change Order 1-A
Attachment number 1
Page 6 of 14
Item # 23
Change Order 1-B
Attachment number 1
Page 7 of 14
Item # 23
Change Order 1-C
Attachment number 1
Page 8 of 14
Item # 23
M
&
MUNDY & SALLEY, INC.
ELECTRI CAL CONTRACTORS
S
P.O.BOX 2rr534
MARTINEZ, GA.
PHONE (706) 860-4647
TNDUSTRIAL, COMMERCIAL
4096 BUSINESS PARK CT.
EVANS, GA. 3OBO9
FAX (705) 855 -2097
AUTHORIZATIONADDITIONAL WORK
: CLIFTON CONSTRUCTION
MAX KNIGHT
CONTRACTOR
ATTENTTON:
JOB NAME:
DATE:
dnll\-.\-/.if
9-14-10
10 04
AUGUSTA AIRPORT _ CONCESSION RENOVATIONS
WE HEREBY AGREE TO THESE SPECIF]ED CHANGES AND CHARGES LISTED:
* * * * * * * * * * * * * * * * * * * * * * * * * * * * :t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
* FURNISH ADDIT]ONAL LABOR/MATERIALS TO FURN]SH A}TD ]NSTALL (2) *
* VAPOR TYPE INCANDESCENT FIXTURES IN COOLER. *
*
* PLEASE ADVISE TO PROCEED.
*
*
*
*
*
*
x
*
*
MATERIALS>>$189 . 72
Aa ?LABOR>>S152.00
t_5?>>$ 5r.26
TOTAL>>S392.98
*
*
*
t(
*
*
*
x
*
*
*
llllrtlllllllltllllllllltltttttttlllttllllllltlrllrlttttattltlllrrltllrrtttaltl
ADDITIONAL CHARGE FOR ABOVE WORK:S 392.98PAYMEM| TO BE MADE AS FOLLOWS: ADDED TO CONTRACT
9ryNER.AGREES TO THE ADDTTToNAL woRK AND CHARGES AS SPECTFTED ABOVE:
AUTHORIZED SIGNITTJRE :
CoNTRACTOR . AGREES ro FlrRNrsH Ar'L
AS SPECIFIED ABOVE AT PRICE
AUTHORIZED SIGNITI,]RE :
L,ABOR AND MATERIALS TO COMPIJETE WORK
CDE''IT trTFN
Change Order 1-C
Attachment number 1
Page 9 of 14
Item # 23
Change Order 1-D
Attachment number 1
Page 10 of 14
Item # 23
M
&
MUNDY & SALLEY, INC.
ELECTRICAL CONTRACTORS
INDUSTRIAL, COMMERC]AL
4096 BUSINESS PARK CT.
EVANS, cA. 30809
FAX (706) e55-2091
AUTHORI ZAT IONADDITIONAL WORK
: CLTFTCN CO}iSTR.UCTIO\.I
S
P. O. BOX 271534
MARTINEZ, GA.
PHONE (706) 860-4641
CONTP.ACTOR
ATTENTION:
JOB NAME:
DATE:
c.o.#
9-14-10
MAX KNIGHT 1005
AUGUSTA AIRPORT - CONCESSION RENOVATIONS
WE HEREBY AGREE TO THESE SPECIFIED CHANGES AND CHARGES LISTED:
*****i.,f*********t(***)t-*************)k**r(*i(****)k************)k*)k****)k
FURNISH ADDITIONAL LABOR/UAINRTELS TO RELOCATE SPECIFIED
SECURITY DEVICtrS, INCLUDING NEW RECESSED CONTROL PANEL &
ASSCCIATED WIRING.
L\41-\1'|lRTAI_,9_:, >ri 7 B6 ,i:,
.LzriiJir' ) ;: -,ij;. )-
15%>>$ ?,65 " 63
TOTAL>>$ 2,036.48
llllllrllrarlllt!lrlrrlllttllarlllll!tlllllrrrrrtlllrrrrrrrtttttttlttrtttlttt!l
ADDITIONAL CHARGE FOR ABOVE WORKT$2,036.48
PAYMENT TO BE MADE AS FOLLOWS: ADDED TO CONTRACT
AT.]\]TN. AGREES TO THE ADD]TIONAL WORK AND CHARGES AS SPECIFIED ABOVE:UVVL\Lr1.:
AUTHORIZED SIGNITURE:
^nnrmn^ ^mn n - AGREES TO EURNISH ALL\-WL\ 1 r\-HU I \JI\ :
AS SPECIFIED ABOVE AT PRICE
AUTHORIZED SIGNITURE:
LABOR AND MATERIALS TO COMPLETE WORK
SPECIFIED.
Change Order 1-D
Attachment number 1
Page 11 of 14
Item # 23
P.O. Box 949 – Evans, GA 30809 – 706-731-0978 – Fax: 706-733-4030- E-mail:
sdclifton@knology.net
October 13, 2010
Campbell-Paris Engineers
303 Wingo Way
Mt. Pleasant, SC 29464
Attn: Jack Mayfield
Via email: jmayfield@campbell-paris.com
Re: Augusta Airport Concessions
Change Order Proposal
Dear Jack,
Following is our cost to make the rolling security grilles operable, which will
include the following: Furnish and install three (3 each) Miller Edge Model MWRTA02
Wireless Communicator Packages for electric safety edge, three (3 each) MMTC Flush
Mount Keyswitches, Open, Close with Stop Button and adjust and set limits on all grilles.
Overhead Door Company of Augusta’s cost (see attached)$1,553.00
Mundy & Salley Electrical’s cost to provide power and install switches (see attached
proposal)$544.06
S.D. Clifton’s Mark Up $ 209.94
TOTAL ADD $2,317.00
Please let us know as soon as possible if you want us to proceed with this change.
Sincerely,
Max Knight
Project Manager
Change Order 1-E
Attachment number 1
Page 12 of 14
Item # 23
M
MUNDY & SALLEY, INC.
&
ELECTRICAL CONTRACTORS
S INDUSTRIAL, COMMERCIAL
P.O.BOX 211534 4096 BUSINESS PARK CT.
MARTINEZ, GA. EVANS, GA. 30809
PHONE(706)860-4647 FAX(706)855-2097
ADDITIONAL WORK AUTHORIZATION
CONTRACTOR: CLIFTON CONSTRUCTION DATE:_10-13-10 .
ATTENTION: MAX KNIGHT C.O.#_1006 _______
JOB NAME:_AUGUSTA AIRPORT – OVERHEAD GATE OPERATROS .
WE HEREBY AGREE TO THESE SPECIFIED CHANGES AND CHARGES LISTED:
*****************************************************************
* FURNISH ADDITIONAL LABOR/MATERIALS TO PROVIDE POWER FOR (3) *
* OVERHEAD GATE OPERATORS, ALL CONDUIT IS EXISTING, KEYED *
* SWITCH OPERATORS ARE FURNISHED BY OTHERS, ALL SENSOR WIRING *
* AND ADJUSTMENTS ARE BY OTHERS. *
* *
* *
*PLEASE ADVISE TO PROCEED. *
* *
* MATERIALS>>$ 93.09 *
* LABOR>>$380.00 *
* 15%>>$70.97 *
* TOTAL>>$544.06 *
* *
ADDITIONAL CHARGE FOR ABOVE WORK:$544.06 __________________PAYMENT T0 BE MADE AS FOLLOWS: ADDED TO CONTRACT DRAW
OWNER:AGREES TO THE ADDITIONAL WORK AND CHARGES AS SPECIFIED ABOVE:
AUTHORIZED SIGNITURE: .
CONTRACTOR:AGREES TO FURNISH ALL LABOR AND MATERIALS TO COMPLETE WORK
AS SPECIFIED ABOVE AT PRICE SPECIFIED......................
AUTHORIZED SIGNITURE: _____________________________________
Change Order 1-E
Attachment number 1
Page 13 of 14
Item # 23
Aus Overhead Door Sales B oo1
lO/07/LOLO 12:1? FAX ?06 736 5647
Overhead Door Company of Auguslta -Aiken
1529 Crescent Dr-
Augusta, GA 30909
Augusta (706) 736-8478
Aiken (803) ep.2-7269
Fa,x (706) 73+5647
SUBMITTED TO:
S. D. Clifton Construction
P. O. Box 949
Evans, GA 30809
ATTN: Mr. Max Knight
Proposal #: 1-7927
FholrFFu,mbcr
(706) 731-0978
FFNtimber(706) 7334030
FURNISH AND INSTALL:
- Three each Miller Edge Model MWRTAo2, \Mreless Communicator Packages for electric safety edge,
$212"00 each
- Thruu each MMTC HEFS Flush Mount Keyswitches, Open, Close with Stop Button, $189-00 each.
- Labor to furnish and install the above material, set fimits and adjust rolling security grilles, $350.00-
We hereby propose io COmplete in accordance with above specificaiion, for the sum ot
One Thousand Five Hundred Fifiy Three Dollars and No Gents
Signature
*r;A l,f i ,ii/ :{ Q,{ tt t(" ( ,5;";7,.;:tt7 ,!
DATE: 1i7EUO
Job Nf,mo
Augu$ta Regional Airport-Jo6 Loei-tron
Augusta, GA
SE-FEone -""-
The Genuina The Origilul.
to be msde as follo\,lts: Net Thirty Days
subjectto change if not accepted in 30 days,
OTHERS: JambS, spring pads, all wiring lo molorc and control slstlons, unless othenvise stated abO\te, are not included.
ICHASER agrees that the doors shall rimain SELLERS posessiorr urtil pairt in full. lrr the eveni PURCHASER brcaches or
under thdterms and provisions of thie AGREEMENT, the PURCHASER shall be responsible f'or!!e_c9st of collection,
g ri;sonaUfe attorney's fees. The SELLER shall be entitled to full and final payment on PURCHASE ORDER' Thare shall
1 1dV, service chsrge per month on all paymenls due and owing after 30 days, (Agreements are oontingent upon stikes'
or delays beyond our sonirol-)
an rrll pages of this proposal are
Change Order 1-E
Attachment number 1
Page 14 of 14
Item # 23
Commission Meeting Agenda
11/16/2010 5:00 PM
Mamie Lee's Southern Cooking / ordinance violation
Department:License & Inspection
Caption:Motion to approve the revocation of the Business Tax Certificate for Mrs. Teresa
Cummings, d/b/a: Mamie Lee’s Southern Cooking, 2746 Tobacco Road, for failure
to comply with the ‘dance hall’ ordinance as recommended by the Sheriff's Office.
(No Recommendation from Public Services Committee November 8, 2010)
Background:The owner of Mamie Lee’s Southern Cooking, 2746 Tobacco Road, has a business
license to operate a restaurant, an Alcohol license to serve beer and wine, and an
Alcohol Sunday Sales license. The owner does not have a ‘dance hall’ license. The
Augusta-Richmond County Code provides the following: § 6-6-43. Dance Hall (d)
Commission Approval. No person shall operate a dance hall within the limits of
Augusta-Richmond County without first receiving a favorable action from the Board
of Commissioners. The Augusta-Richmond County Commission shall have the right
to determine whether the applicant or location for the proposed dance hall is proper
and appropriate.
Analysis:Mrs. Teresa Cummings, d/b/a: Mamie Lee’s Southern Cooking, 2746 Tobacco Road,
was checked by the Sheriff’s Office Vice Division on October 4, 2010, at
approximately 1:00 AM and was found to be charging admission to enter the
establishment and a DJ playing music with patrons dancing on a designated dance
floor. The owner was cited for operating a dance hall without a dance hall license.
The Sheriff’s Office is requesting that the Commission take action against the license
holder.
Financial Impact:N/A
Alternatives:N/A
Recommendation:Suspend the business license, Alcohol license and Sunday Sales license for 30 days.
Funds are Available in the
Following Accounts:N/A
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 24
Attachment number 1
Page 1 of 1
Item # 24
Attachment number 2
Page 1 of 5
Item # 24
Attachment number 2
Page 2 of 5
Item # 24
Attachment number 2
Page 3 of 5
Item # 24
Attachment number 2
Page 4 of 5
Item # 24
Attachment number 2
Page 5 of 5
Item # 24
Commission Meeting Agenda
11/16/2010 5:00 PM
2010 CoC Application Competition
Department:Housing & Community Development Department
Caption:Motion to authorize submission of the 2010 Exhibit I and II Continuum of Care
Application to HUD and grant the Mayor the authority to execute all forms
associated with the Application which also include submission of the Follow-up
Technical Submission Application, renewal Grant Agreements and Annual Progress
Reports. (Approved by Administrative Services Committee November 8, 2010)
Background:Each year, the Housing & Community Development Department apply to HUD for
funding through an annual Super Notice Of Funding Availability (NOFA)
Continuum of Care Homeless Assistance Programs (this is a competivie application
process). These funds are used to support the Homeless Information Management
System (HMIS), for administrative services, supplies and provide case
managementto partner agencies. The Homeless Transportation Program is available
to clients of HMIS service providers. These grants renew each year at the same
amount from October 1 to September 30 (Transportation Program- $34,545), and
October 1 to September 30 (HMIS Program - $181,027).
Analysis:Approval will allow the city to continue comprehensive services to the homeless
population of Augusta-Richmond County.
Financial Impact:These are additional funds that are awarded by HUD which enables the City to
continue operation of the Transportation Program and the Homeless Information
Management System (HMIS) and services.
Alternatives:None recommended
Recommendation:Approve Submission of the CoC Application to HUD, and Grant the Mayor the
Authority to Execute all Forms associated with the Application, which also include
Submission of the Follow-up Technical Submission Application, Renewal Grant
Agreements and Annual Progress Reports
Funds are Available in the
Following Accounts:
If the application is approved and grants renewed, a total of $215,572 in grant funds
will be available for use: HMIS $ 34,545 Transportation $181,027 Total $215,572
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 25
Commission Meeting Agenda
11/16/2010 5:00 PM
Create HVAC Tech II position and Convert Electrician II
Department:Public Services Department - Facilities Management Division
Caption:Motion to approve the creation of the proposed position (job description
attached) for HVAC Technician II, convert the vacant Electrician II position
at the Public Services Facilities Management Construction Shop to the
HVAC Tech II and transfer the position to the Webster Detention Center
Operations Group. (Approved by Administrative Services Committee
November 8, 2010)
Background:In 2000, the Facilities Management Division of the Public Services
Department eliminated two positions in order to create the HVAC Tech I
position we currently have. The employee in this position has been
providing preventative maintenance, repair and replacement services on the
100’s of smaller HVAC units in the county and has saved a significant
amount of money by maintaining operational efficiency and providing
prompt repairs. We have a need to increase our ability to provide this
service.
Analysis:There are hundreds of small HVAC units, ice machines and other
refrigeration devices throughout Augusta that require routine maintenance
and repair. Proper maintenance and repair is essential to efficient operation
and maximizing the operational life of the equipment. Having a second full
time HVAC position would permit us to increase service frequency and
respond to multiple calls simultaneously. There is a vacant, funded
Electrician II position that is the same pay grade of the proposed position.
This is a title change for the position and a transfer to a different operating
group to pair the new position with the current HVAC Technician I. The
Operations Manager at the Charles B Webster Detention Center is familiar
with HVAC systems and would provide more experienced supervision for
the proposed HVAC Technician II. This action does not add to payroll. We
have a sufficient number of Electricians to handle our current workload.
This change more closely aligns our resources with the nature of our service
responsibilities.
Financial Impact:There will be no cost as this is a title change to an existing, funded position.
The additional capacity to service heating and air units more effectively
should reduce operating costs.
Alternatives:1. Approve the creation of the proposed position (job description attached)
for HVAC Technician II, convert the vacant Electrician II position at the
Public Services Facilities Management Construction Shop to the HVAC
Tech II and transfer the position to the Webster Detention Center Operations
Group. 2. Do not approve the change.
Cover Memo
Item # 26
Recommendation:Approve the creation of the proposed position (job description attached) for
HVAC Technician II, convert the vacant Electrician II position at the Public
Services Facilities Management Construction Shop to the HVAC Tech II
and transfer the position to the Webster Detention Center Operations Group.
Funds are Available in
the Following
Accounts:
No additional funding is required.
REVIEWED AND APPROVED BY:
Finance.
Human Resources.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 Revised 06/10/2009 Page 1
POSITION DESCRIPTION QUESTIONNAIRE
(PDQ)
INDIVIDUAL/GROUP
INSTRUCTIONS AND GUIDELINES FOR COMPLETING YOUR POSITION
DESCRIPTION QUESTIONNAIRE (PDQ)
Position Description Questionnaires (PDQs) are being distributed to all individuals who are
included within the scope of the study. As these PDQs are used to write job descriptions, it is
extremely important for you to fill out the questionnaires completely and accurately. Please
either type your questionnaire or write legibly.
In order to make this process easier for you, we recommend you first read through the entire
questionnaire so that you understand the information we are asking for in each section. Next,
complete as much of the questionnaire as you can and then put it down for a day. On the next
day, complete the rest of the questionnaire. Finally, just before you turn it in, read it again to
make sure you haven’t forgotten anything.
1. The information you provide on the following Position Description Questionnaire (PDQ) will
be used to develop the new job classification system for the County and to determine the
correct classification for your job. It is very important that you provide accurate, detailed
information about your current job duties.
2. You may complete your PDQ as an individual, or you may join with other employees who
perform the same type of work that you do to complete the PDQ as a group. Your division
coordinator can give you specific details on how to participate through a group process.
3. The information that you provide on the questionnaire will be very important in determining
the appropriate job classification for your position in the new system. Accuracy is very
important. Providing overstated questionnaires may have a negative effect and will not result
in a higher classification. The questionnaire must be reviewed and signed by your immediate
supervisor and your division manager. Both the Supervisor and Compensation Staff will
then review the questionnaire information to ensure fairness and accuracy. Objectivity is the
main consideration when the PDQs are reviewed.
4. Please spend a majority of your time on the sections indicated by arrows, as
these are the most important sections in determining job classifications in the new system.
5. Please review your answers for accuracy and completeness. We suggest that you keep a
copy of the final document for your records.
6. One copy of the PDQ must be submitted to Human Resources.
Attachment number 1
Page 1 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 Revised 06/10/2009 Page 2
POSITION DESCRIPTION QUESTIONNAIRE
(PDQ)
Please read entire questionnaire before completing form.
I. BACKGROUND
In this section you will provide information regarding your name, current job title, your immediate
supervisor, length of employment and the hours worked. This will help us to make sure we refer to the
correct job throughout the study.
Name: PPROPOSED HVAC TECHNICIAN II Date: July 20, 2010
Current Job Title: HVAC TECHNICIAN II
Department: Public Services Department Telephone: 706-821-2426
Division: __Facilities Management Division________________________
Immediate Supervisor: Name: Stephen Fowler (for exist. Electrician II) Tim Pratt (for
proposed HVAC Tech II)
Title: Operations Manager (both)
Telephone: 706-821-1948 (Fowler) 706-821-1629 (Pratt)
Total Time Employed in Current Position: Years: NEW Months:
Work Schedule: Start 8:00 am/pm Finish 4:30 am/pm
II. POSITION SUMMARY
This section asks for a short paragraph, one to three sentences, regarding the purpose of your position
and/or your primary responsibilities. This summary helps us to quickly understand the essence of your job.
Usually it is better to write this after you have completed the remainder of the questionnaire. Briefly
describe what you consider to be the major purpose or objective of the job. Simply stated, what are you
attempting to accomplish in your position.
Example: Computer Support Technician
Summary: To operate, maintain and repair computer equipment and to provide technical
assistance to users.
The person in the existing position would have been diagnosing and repairing electrical
systems. The person in the proposed position will be maintaining, diagnosing and repairing
Heating, Air Conditioning and Refrigeration systems.
Attachment number 1
Page 2 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 Revised 06/10/2009 Page 3
III. ORGANIZATIONAL RELATIONSHIPS – THIS IS VERY IMPORTANT
The organizational chart asks for specifics regarding those positions working in your department. This
chart will help us to understand your job in relation to others in your department. Please use titles and
not names. Your Supervisor is your immediate supervisor and is the person that holds you responsible
for accomplishing your duties. Your Subordinates are those individuals which you have supervisory
authority over, meaning you not only assign work but evaluate their work as well. Your Coworkers
are other people in your department that report to your Supervisor or Manager.
Complete the organization chart below. Please fill in the applicable position titles: (1) your
immediate supervisor (the person who signs your performance evaluation); (2) your coworkers,
employees you work with and who also report directly to your supervisor; and, (3) your
subordinates, any employees you supervise*.
YOUR SUPERVISOR’S JOB TITLE
YOUR JOB TITLE
YOUR COWORKERS’ JOB TITLES
YOUR SUBORDINATES’ JOB
TITLES*
SEE PROPOSED ORGANIZATIONAL CHARTS FOR CB
WEBSTER DENTENTION CENTER AND CONSTRUCTION
SHOP. BOTH ARE ATTACHED.
* List only those jobs over which you have full managerial/supervisory authority (i.e. complete and sign
performance evaluation).
Attachment number 1
Page 3 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 Revised 06/10/2009 Page 4
IV. SUPERVISION GIVEN – THIS IS VERY IMPORTANT
This section asks for information regarding your supervisory responsibilities. This information will help us
to fully understand the level of authority that you have. For example, do you have lead authority and assign
and monitor work, or do you have full supervisory authority and sign performance evaluations. Please
check all that apply and list the number of employees you have supervision over. These questions, other
than the first one, should apply to those titles which are listed as Your Subordinates on the organizational
chart, or any others that may report to those positions listed under Your Subordinates.
Check the following phrase or phrases that apply to your job and indicate the number of
employees:
No. of
Employees
X
I do not officially supervise other employees (sign performance
reviews).
I evaluate and sign performance reviews of other regular
employees.
I evaluate and sign performance reviews of part-time, temporary
or contract employees.
I instruct other employees in methods or procedures needed to
carry out their job (how to carry-out their assigned duties).
I make work assignments for others.
I make hiring and hiring pay recommendations.
I make hiring and hiring pay decisions.
I recommend pay changes (i.e. performance bonuses).
I recommend termination for poor performance.
I provide advice to peers that they must consider carefully before making a decision.
Example:
I provide information to supervisors/management that they use in making a decision.
Example:
Attachment number 1
Page 4 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 Revised 06/10/2009 Page 5
V. DUTIES – THIS IS VERY IMPORTANT
The list of essential duties helps us to understand those duties which are the primary reasons why your
position exists. Essential duties are those duties which make up at least 5% of your time. Please provide
enough detail so that someone who may not be familiar with your job will have a clear understanding of
what it is that you do. For example, do not simply state “prepares reports”, but state “prepares reports such
as status reports, staff reports”, or whatever other type of report(s) you may prepare. Also, please use
action verbs such as prepares, calculates, operates, etc., to start off each statement. In the Decision
Required section, list the decisions you make in order to carry out those duties. Please be sure to place
frequencies and percentages in the last two columns so that it is clear as to where you spend the majority of
your time. These need only be estimates so do not spend a great deal of time trying to come up with an
exact percentage. The percentages of all duties should equal 100% over a one year period of time.
Essential Duties: Describe five to ten essential duties that make up your job. Try to describe
your job so it can be understood by someone not familiar with your work. Begin each duty
statement with an action verb (“calculates”, “operates”, “establishes”) that tells what is done or
why and how it is done. Examples are shown below. Use additional sheets if needed.
Decisions Required: For each duty you have listed, state the decision(s) you must make in
order to carry out the duties required. Refer to the examples given.
Frequency: Indicate how often you perform each duty – D = daily, W = weekly, M = monthly,
Q = quarterly, A = annually, O = occasionally.
Percent of Time: Indicate how much of your time you spend on each task. The total of
these percentages should not be more than 100%. Example: Sally conducts property value
estimates 20% of the time, it may mean she spends one day out of five on that task, or that she
spends around two hours each day.
Essential Duties
Decisions Required
Frequency
DWMQAO
% of
Time
EXAMPLES:
Prepares monthly newsletters by
gathering information, writing
copy, editing, preparing for
publication and overseeing
distribution.
Articles to include, editorial
changes, graphics, layouts
M
25%
Performs inventory spot checks
and monthly counts of supplies in
warehouse.
When to check supplies
M
10%
1. PLEASE SEE ATTACHED JOB DESCRIPTION
Attachment number 1
Page 5 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 6
Essential Duties
Decisions Required
Frequency
DWMQAO
% of
Time
2.
3.
4.
5.
6.
Attachment number 1
Page 6 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 7
Essential Duties
Decisions Required
Frequency
DWMQAO
% of
Time
7.
8.
9.
10.
11.
Attachment number 1
Page 7 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 8
VI. REQUIRED KNOWLEDGE AND SKILL
This section helps us to understand the minimum levels and types of knowledge and skill you would need
in order to perform your job at the entry level. Those items you list are those required and not what you
might necessarily know or are able to do after being in the position for a number of years.
Knowledge: refers to the possession of concepts and information gained through
experience, training and/or education and can be measured through testing.
Skills: refers to the proficiency which can be demonstrated and are typically manual in
nature and/or can be measured through testing.
Please list the essential duty number from Section V, Duties, that requires the specific
knowledge or skill.
Knowledge/Skills: Duty #
1. PLEASE SEE ATTACHED JOB DESCRIPTION
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
Attachment number 1
Page 8 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 9
VIII. EDUCATION AND EXPERIENCE – THIS IS VERY IMPORTANT
This section helps us to determine the minimum level of education and experience required to perform the
job at the entry level. Please list those educational and experience requirements that you have and those
educational and experience requirements that you believe someone would need to have at entry level into
the job. This should be the minimum level an individual should be required to have for Human Resources
to consider an application for the position. Please note in d), any licenses or certifications required for your
position upon entry into the job.
a) What level of education do you have and what minimum level of education do you
believe is needed to satisfactorily perform your job at entry level? Check the level that
applies to your job:
You You
Have Need
X 8th grade or less (ability to read, write, and follow directions)
X High School Diploma or equivalent (G.E.D.)
X Up to one year of specialized or technical training beyond high school
Associate degree (A.S., A.A.) or two-year technical certificate
Bachelor’s degree
Other (explain):
b) What kinds of experience do you have and what minimum kinds of experience are
needed to enter your job at entry level?
Type of Experience
You Have You Need
Minimum Time
Required
HVAC in similar postion 3 + years
years
years
c) What field (s) should training or degree be in?
SEE ATTACHED JOB DESCRIPTION
d) Are any state, federal, or professional licenses or certificates required to enter your job?
If so please list:
Attachment number 1
Page 9 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 10
IX. PROBLEM SOLVING
The problem solving section is used to help in understanding the types of problems which your position
typically is required to resolve.
Briefly describe two typical problems or difficult/sensitive situations you have been called upon
to deal with in performing your work and how you dealt/solved the situation.
a. N/A
b. N/A
X. NATURE OF ASSIGNMENTS
This section is used to help in understanding the types and levels of decisions you are required to make in
your position.
1. If I see the need, I can change the following without my supervisor’s approval;
a. N/A
The objectives I am trying to achieve (refer to Page 2 – Position Summary for
position’s objective).
EXAMPLE:
b. N/A
The means for achieving the objectives of my job (i.e., my work methods or
procedures of my duties).
EXAMPLE:
c. N/A
The way assigned work methods are carried out (i.e. the order of or frequency of
my duties).
EXAMPLE:
2. Give an example of how you have modified or developed new work methods to deal with
new or unusual circumstances on your job.
EXAMPLE: N/A
Attachment number 1
Page 10 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 11
XI. CONTACTS
The Contact list is a brief listing of those individuals (other than those listed on the organizational chart)
you come into direct contact with. This contact list will help us to understand the level of your contacts in
other organizations and your level of decision making authority. The list does not have to be all inclusive
and should include contacts within your organization and with others outside the organization. Also, please
tell us the reason for contacting each individual (nature of contact).
Other than the person(s) to whom you report and who report to you, who are the principal
individuals/groups (both internal and external) with whom you have direct interpersonal contact?
Your answers do not need to be all-inclusive. Just give brief, typical examples:
Title and Unit of Organization Nature of Contact
All Department HVAC Service Work
Attachment number 1
Page 11 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 12
XII. EQUIPMENT
Please list any equipment which you would regularly use in your position that requires special training
(examples: computer and software, forklift, etc.). This listing will help us to understand the types of
equipment you are expected to operate in order to perform your job.
List the duty number from Section V. – Duties (page 5-7) and the equipment you use to perform
that duty. Example: Duty 1 – Computer, camera, etc.
Hand tools and diagnostic equipment consistent with the HVAC Trade
XIII. ADDITIONAL COMMENTS
In this section please note any additional comments you may have and/or attach additional sheets. Also,
please sign and date the questionnaire on this page and on page 14 to note your agreement with the contents
of the questionnaire. You may wait to sign page 14 until after you have read any comments made by your
supervisor.
Are there any additional comments you would like to make to be sure you have described your
job adequately (Use additional sheets if necessary)
Employee Signature: Date:
PLEASE PROCEED TO SECTION XV. TO COMPLETE THE QUESTIONNAIRE.
XIV. SUPERVISOR REVIEW AND COMMENTS
This section is to be used by the Supervisor to note any additional comments, additional duties or
disagreements with any section of the questionnaire. The Supervisor should not change anything written
by the individual filling out the questionnaire nor should they address any performance issues. Please
remember that this questionnaire is intended solely for the purpose of accurately describing the job in
question. The Supervisor does not need to read the entire PDQ. Simply check the areas identified with
arrows for accuracy as these are the most important in classifying the jobs. If these sections are not
complete or are incorrect, please fill in the blanks when you review the questionnaire with the incumbent.
If you disagree with any information provided or believe some information is missing, indicate below the
question number and your comments. Please have all signatures to ensure all have read the PDQ.
Question No. Comments
Attachment number 1
Page 12 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 13
Please check the appropriate statement:
I agree with the incumbent’s position questionnaire as written.
The above modifications have been discussed with the incumbent, and the
incumbent agrees with these modifications.
The above modifications have been discussed with the incumbent, and the
incumbent disagrees with these modifications.
Supervisor’s
Signature:
Date:
I have noted the modifications made by my supervisor in the comments Section above.
Employee’s
Signature:
VACANT
Date:
Department
Director’s Signature
Date:
Attachment number 1
Page 13 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 14
NAME:
JOB TITLE:
XV. PHYSICAL ACTIVITIES/REQUIREMENTS
This section helps us understand the physical activities and requirements that are absolutely necessary for
you to be able to do in order to perform your job. Please list the frequency and the importance of each of
the physical requirements listed in this section. These physical activities/requirements will help in ensuring
the County remains in compliance with the Americans With Disabilities Act.
This section is designed to address the specific requirements of the Americans With Disabilities
Act. The County is required to document any physical requirements in order to legally defend
restrictions that are imposed. Please indicate the frequency and importance of the physical
activities/requirements of your job. The definitions for the physical activities/requirements are
taken directly from the guidelines established by the federal government.
Frequency Importance
How frequently is the activity performed? How important is the activity in
Accomplishing the job’s purpose?
0 – Never 0 – Not Important
1 – Annually 1 – Somewhat Important
2 – Quarterly (at least 3 per year) 2 – Very Important
3 – Monthly (at least 8 per year) 3 – Extremely Important
4 – Weekly (at least 3 per month)
5 – Daily (at least 3 per week)
a) Physical Activity
Frequency Importance Physical Activity
1. 5 5 Climbing: Ascending or descending ladders, stairs,
scaffolding, ramps, poles and the like, using feet and legs
and/or hands and arms. Body agility is emphasized. This
factor is important if the amount and kind of climbing
required exceeds that required for ordinary locomotion.
2. 5 5 Balancing: Maintaining body equilibrium to prevent
falling when walking, standing or crouching on narrow,
slippery or erratically moving surfaces. This factor is
important if the amount and kind of balancing exceeds
that needed for ordinary locomotion and maintenance of
body equilibrium.
3. 5 5 Stooping: Bending body downward and forward by
bending spine at the waist. This factor is important if it
occurs to a considerable degree and requires full use of
the lower extremities and back muscles.
Attachment number 1
Page 14 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 15
XV. PHYSICAL ACTIVITIES/REQUIREMENTS (continued)
a) Physical Activity
Frequency Importance Physical Activity
4. 5 5 Kneeling: Bending legs at knee to come to a rest on
knee or knees.
5. 5 5 Crouching: Bending the body downward and forward
by bending leg and spine.
6. 5 5 Crawling: Moving about on hands and knees or hands
and feet.
7. 5 5 Reaching: Extending hand(s) and arm(s) in any
direction.
8. 5 5 Standing: Particularly for sustained periods of time.
9. 5 5 Walking: Moving about on foot to accomplish tasks,
particularly for long distances.
10. 5 5 Pushing: Using upper extremities to press against
something with steady force in order to thrust forward,
downward or outward.
11. 5 5 Pulling: Using upper extremities to exert force in order
to draw, drag, haul or tug objects in a sustained motion.
12. 5 5 Lifting: Raising objects from a lower to a higher
position or moving objects horizontally from position-
to-position. This factor is important if it occurs to be a
considerable degree and requires the substantial use of
the upper extremities and back muscles.
13. 5 5 Fingering: Picking, pinching, typing or otherwise
working, primarily with fingers rather than with the
whole hand or arm as in handling.
14. 5 5 Grasping: Applying pressure to an object with the
fingers or palm.
15. 5 5 Feeling: Perceiving attributes of objects, such as size,
shape, temperature or texture by touching the skin,
particularly that of fingertips.
Attachment number 1
Page 15 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 16
XV. PHYSICAL ACTIVITIES/REQUIREMENTS (continued)
b) Physical Activity
Frequency Importance Physical Activity
16. 5 5 Talking: Expressing or exchanging ideas by means of
the spoken work. Those activities in which they must
convey detailed or important spoken instructions to
other workers accurately, loudly, or quickly.
17. 5 5 Hearing: Perceiving the nature of sounds with no less
than a 4db loss @ 500 Hz, 1,000 Hz and 2,000 Hz with
or without correction. Ability to receive detailed
information through oral communication, and to make
fine discriminations in sound, such as when making fine
adjustments on machined parts.
18. 5 5 Seeing: The ability to perceive the nature of objects by
the eye. Seeing is important for hazardous jobs where
defective seeing would result in injury and also jobs
where special and minute accuracy, inspecting and
sorting exist. A high degree of visual efficiency, placing
intense and continuous demands on the eyes by moving
machinery and other objects are also considered
important. Other important factors of seeing are acuity
(near and far), depth perception (three dimensional
vision), accommodation (adjustment of lens of eye to
bring an object into sharp focus), field of vision (area
that can be seen up and down or to the right or left while
eyes are fixed on a given point) and color vision (ability
to identify and distinguish colors).
19. 5 5 Repetitive Motions: Substantial repetitive movements
(motions) of the wrists, hands, and/or fingers.
Attachment number 1
Page 16 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 17
XV. PHYSICAL ACTIVITIES/REQUIREMENTS (continued)
Frequency Importance
How frequently is the activity performed? How important is the activity in
accomplishing the job’s purpose?
0 – Never 0 – Not Important
1 – Annually 1 – Somewhat Important
2 – Quarterly (at least 3 per year) 2 – Very Important
3 – Monthly (at least 8 per year) 3 – Extremely Important
4 – Weekly (at least 3 per month)
5 – Daily (at least 3 per week)
a) Physical Activity
Frequency Importance Physical Requirements
1. 5 5 Sedentary Work: Exerting up to 10 pounds of force
occasionally and/or a negligible amount of force
frequently or constantly to lift, carry, push, pull or
otherwise move objects, including the human body.
Sedentary work involves sitting most of the time. Jobs
are sedentary if walking and standing are required only
occasionally and all other sedentary criteria are met.
2. 5 5 Light Work: Exerting up to 20 pounds of force
occasionally, and/or up to 10 pounds of force frequently,
and/or a negligible amount of force constantly to move
objects. If the use of arm and/or leg controls requires
exertion of forces greater than that for Sedentary Work
and the worker sits most of the time, the job is rated for
Light Work.
3. 5 5 Medium Work: Exerting up to 50 pounds of force
occasionally, and/or up to 20 pounds of force frequently,
and/or up to 10 pounds of force constantly to move
objects.
4. 4 4 Heavy Work: Exerting up to 100 pounds of force
occasionally, and/or up to 50 pounds of force frequently,
and/or up to 20 pounds of force constantly to move
objects.
5. 4 4 Very Heavy Work: Exerting in excess of 100 pounds of
force occasionally, and/or in excess of 50 pounds of force
frequently, and/or in excess of 20 pounds of force
constantly to move objects.
Attachment number 1
Page 17 of 18
Item # 26
AUGUSTA-RICHMOND COUNTY, GEORGIA
HUMAN RESOURCES DEPARTMENT
HR/CompAdminPDQ01 - Revised 06/11/2009 Page 18
XVI. WORKING CONDITIONS
The working conditions section helps us to understand the physical environment you are subjected to while
performing your job duties. This section does not apply to conditions like an old office building but only
those factors that have to do with the job itself. In this section, please place an X by the condition that
applies and one under the frequency that is most appropriate. The condition should be unique to your job
and not generally applicable to all employees with the organization. Please note, there is a choice for Does
Not Apply, if most of your work is in an office setting.
Does Not Apply
Condition
Less than
25% of the
time
25-50% of
the time
More than
50% of the
time
Hazardous physical conditions
(mechanical parts, electrical
currents, vibration, etc.)
X
Atmospheric Conditions
(fumes, odors, dusts, gases,
poor ventilation)
X
Hazardous materials
(chemicals, blood and other
body fluids, etc.)
X
Extreme temperatures X
Inadequate lighting X
Work space restricts
movement
X
Intense noise X
Travel X
Environmental (disruptive
people, imminent danger,
threatening environment)
X
XVII. THIS SECTION IS TO BE COMPLETED BY HUMAN RESOURCES
DEPARTMENT
HR/Comp.
Administration’s
Signature:
Date:
HR Director’s
Signature
Date:
THANK YOU FOR COMPLETING THIS QUESTIONNAIRE. AFTER YOU OR YOUR GROUP HAVE
COMPLETED YOUR PORTION OF THE QUESTIONNAIRE, PLEASE SUBMIT THE QUESTIONNAIRE TO YOUR
SUPERVISOR FOR REVIEW, SIGNATURE, AND COMMENT. YOUR SUPERVISOR WILL SUBMIT THE
COMPLETED QUESTIONNAIRE TO HUMAN RESOURCES.
Attachment number 1
Page 18 of 18
Item # 26
1 | P a g e
Augusta-Richmond County
Job Description
Approved Title: HVAC Technician II Job Code: FMD0500 FLSA Classification: 100
Working Job Title: HVAC Technician II Pay Grade: 43 Date Revised:
Department: Public Services Original Date Prepared: July 7, 2010
Reports to: Operations Manager
Does the Position Have Direct Reports? Yes No
If Yes, What is the Title of the Position that Reports to this Position: ___________________________________________
Is this Position Safety Sensitive? Yes No
GENERAL SUMMARY: Performs preventative maintenance and repairs on County HVAC systems. Reports to the
Operations Manager or other designated person and works with co-workers, employees, vendors, equipment repair
personnel, and outside contractors to provide operational support.
KEY RESPONSIBILITIES AND PERFORMANCE STANDARDS
Percentages Describe the duties and responsibilities of the position in the spaces provided below and assign percentage of time
spent on each area on the left column space.
10% Coordinate and perform routine repairs on County HVAC equipment.
50% Perform preventative maintenance on HVAC systems, including but not limited to, changing filters, lubricating
bearings, changing belts, replacing insulation, and maintaining refrigerant charge
10% Perform tasks related to change-out, replacement or upgrades to HVAC equipment and controls.
10% Maintain records of refrigerant usage and inventory.
10% Troubleshooting and repairs of ice machines, refrigerators and freezers.
10% Perform routine maintenance repairs and other related duties as assigned.
100% Total: 100 This section’s percentage must total 100%.
REQUIRED MINIMUM QUALIFICATIONS:
Education: High School diploma, trade school, or equivalent level of education.
Experience: 3 + years in similar position or sufficient experience to perform principal duties and responsibilities, usually associated with
completion of apprenticeship/internship.
Knowledge/Skills/Abilities:
• ACCA Certification in Type I, Type II, and Type III
• Knowledge of split and package HVAC Units up to 10 tons minimum
• Knowledge in troubleshooting HVAC electrical systems
• Knowledge of small refrigeration appliances, heaters and furnaces
• Experience in replacing HVAC components i.e.: compressors, relays, burners, thermostats, motors, etc.
• Working knowledge of low voltage controls, 120v, 240v and 3 phase electrical system wiring.
• Demonstrated ability to work independently.
Certification:
OTHER:
• May oversee and/or train designated subordinate personnel.
• The work in this position involves performing a variety of tasks related to maintenance and repair.
• This position involves working in a secure facility. Employee must meet and maintain clearance requirement set by the Sheriff’s
Department.
Requires intermittent sitting, standing, stooping, crouching, walking, lifting of light and heavy objects, climbing ladders, and
using tools and equipment that require a high degree of manual dexterity. Work is performed in a print shop with exposure to
noise, chemicals, dirt, grease, dust, and machinery with moving parts requiring use of protective devices.
Attachment number 2
Page 1 of 2
Item # 26
2 | P a g e
Does this position require staff call up in an emergency situation? Yes No
Is travel from office to other locations required of this position? Yes No
If yes, what is the percentage of travel involved? Less than 50%? Yes No More than 50%? Yes No
PHYSICAL REQUIREMENTS:
Please indicate a yes or no as applicable below
Occasional lifting of light objects less
than 75lbs. Yes No
Intermittent sitting Yes No
Standing Yes No
Stooping Yes No
Crouching Yes No
Walking Yes No
Reaching Yes No
Pulling Yes No
Fingering Yes No
Grasping Yes No
Feeling Yes No
Talking Yes No
Hearing Yes No
Seeing Yes No
Repetitive Motions Yes No
Is work performed in an office
setting? Yes No
FINANCIAL RESPONSIBILITY:
Is this position involved in a budgetary or financial approval responsibility? Yes No
If yes, please indicate size of budget or financial approval responsibility in annual dollar amount: $__________
TRAINING & SUPERVISORY RESPONSIBILITY:
How many people are being supervised or Trained? None
One staff Yes No Two to five staff Yes No Six to ten staff Yes No More than ten staff Yes No
The preceding job description has been designed to indicate the general nature and level of work performed by employees within
this classification. It is not designed to contain or be interpreted as a comprehensive inventory of all duties, responsibilities, and
qualifications required of employees to this job.
REVIEW/APPROVALS
______________________________________________________ ______________________
Employee Date
______________________________________________________ ______________________
Line or Staff Management Date
______________________________________________________ ______________________
Department Director Date
______________________________________________________ ______________________
Compensation Administration Staff Date
______________________________________________________ ______________________
HR Director Date
Attachment number 2
Page 2 of 2
Item # 26
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Attachment number 3
Page 1 of 1
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Attachment number 4
Page 1 of 1
Item # 26
Commission Meeting Agenda
11/16/2010 5:00 PM
Ordinance to Amend the Augusta, GA. Code, Article One, Chapter Ten Relating to the Procurement of Goods and
Services and the Local Small Business Opportunities Program, and for Other Purposes.
Department:Administrator
Caption:An Ordinance to amend the Augusta, Georgia Code, Article One, Chapter
Ten, relating to the procurement of goods and services and the Local Small
Business Opportunities Program so as to provide updates and to establish
policies, procedures and guidelines regarding the procurement process and
the Local Small Business Opportunities Program; to repeal all Ordinances
and parts of Ordinances in conflict herewith; to provide an effective date
and for other purposes. (No recommendation from Administrative
Services Committee November 8, 2010)
Background:See attached.
Analysis:See attached.
Financial Impact:None.
Alternatives:Decline to amend the Code at this time.
Recommendation:Approve.
Funds are Available in
the Following
Accounts:
N/A.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE,
ARTICLE ONE, CHAPTER TEN, RELATING TO THE PROCUREMENT
OF GOODS AND SERVICES AND THE LOCAL SMALL BUSINESS
OPPORTUNITIES PROGRAM SO AS TO PROVIDE UPDATES AND TO
ESTABLISH POLICIES, PROCEDURES AND GUIDELINES
REGARDING THE PROCUREMENT PROCESS AND THE LOCAL
SMALL BUSINESS OPPORTUNITIES PROGRAM; TO REPEAL ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT
HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER
PURPOSES.
WHEREAS, it is the desire of the Augusta, Georgia Commission to update Code
provisions relating to the procurement of goods and services so as to reflect
changes in Georgia law and to improve the efficiency of the procurement process;
WHEREAS, it is the desire of the Augusta, Georgia Commission to increase the
effectiveness of the Local Small Business Opportunities Program and to broaden
the number of businesses eligible to participate in the program and to implement
race and general neutral measures to reduce discrimination in Augusta, Georgia;
WHEREAS, it is the desire of the Augusta, Georgia Commission to update and
improve its DBE Program for Department of Transportation (DOT), Federal
Transportation Administration (FTA) and other federally funded projects and to
ensure full compliance with state and federal regulations;
WHEREAS, the DBE Program for DOT and FTA funded projects is to be
approved by the Department of Transportation and/or the Federal Transportation
Administration before it is effective;
WHEREAS, based on the foregoing, the Augusta, Georgia Commission
recommends amending Article one, Chapter ten of the AUGUSTA, GA CODE.
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. AUGUSTA, GA. CODE Article one, Chapter ten as set forth in the
AUGUSTA, GA. CODE, re-adopted July 10, 2007, is hereby amended by striking this
chapter in its entirety DVVHWIRUWKLQ³([KLELW$´KHUHWR$QHZChapter ten is
Attachment number 1Page 1 of 4
hereby inserted to replace the repealed Code Chapter ten DVVHWIRUWKLQ³([KLELW%´
hereto.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws. Article 13 (DBE Program) shall be effective
only following approval of the Department of Transportation and/or the Federal
Transportation Administration.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Adopted this ___ day of ___________, 2010.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2010 and that such Ordinance have not been modified or
rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the
foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1Page 2 of 4
Exhibit A
STRIKE: Chapter 10 of the AUGUSTA, GEORGIA CODE in its entirety.
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Exhibit B
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Page 1 of 113
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 Sec. 1-10-10 through Sec. 1-10-22. 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, Georgia
Contracts
Sec. 1-10-40. Responsibility of bidders and proposers.
Sec. 1-10-41. Cost or pricing data.
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Sec. 1-10-42. Cost or price analysis.
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. Informal bids selection methods (standard and small purchases)
and authority of Administrator and General Counsel.
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 and contracts and collection of statistical
data.
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.
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Sec. 1-10-73. Local small business opportunities program participation
Sec. 1-10-74. Exceptions ± federally funded projects
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 Protests 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 in 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, Georgia'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 contracts
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.
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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.
Sec. 1-10-102. Waiver.
Article 12 Contract Administration and Management
Sec. 1-10-103. Purpose.
Sec. 1-10-104. Augusta, Georgia 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. Approval of accounting system.
Sec. 1-10-111. Contractual provisions for worksite inspections.
Sec. 1-10-112. Contractual provisions for auditing records.
Article 13 DBE Program for DOT, FTA and other Federally Assisted
Contracts.
Sec. 1-10-113. Purpose.
Sec. 1-10-114. Limitations.
Sec. 1-10-115. Policy Statement
Sec. 1-10-116. DBE liaison officer.
Sec. 1-10-117. DBE financial institutions.
Sec. 1-10-118. Prompt payment mechanisms.
Sec. 1-10-119. Wage requirements for federally funded projects.
Sec. 1-10-120. '%(ELGGHU¶VOLVWIRU'27-assisted contracts.
Sec. 1-10-121. Overconcentration of DBE firms in certain types of work.
Sec. 1-10-122. Compliance with DBE Program requirements.
Sec. 1-10-123. DBE Program overall goals.
Sec. 1-10-124. Severability.
Sec. 1-10-125 through Sec. 1-10-999. Reserved.
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Chapter 10
PROCUREMENT
ARTICLE 1
GENERAL PROVISIONS AND DEFINITIONS
Sec. 1-10-1. Purpose.
The purpose of the Procurement Chapter of the AUGUSTA, GA. CODE is to provide
detailed procedures for implementation of procurement requirements for Augusta,
Georgia. Further, the purpose of this Chapter is to:
(a) Simplify and consolidate 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.
(e) Ensure compliance with all federal, state and local laws.
This chapter shall contain all of the rules, regulations, and procedures needed to
purchase goods and services and provide other procurement services for the
Augusta, Georgia government.
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, Georgia. 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, Georgia supplies and personal assets.
(b) Nothing in this chapter shall preclude Augusta, Georgia from
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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,
Georgia 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, Georgia 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.
(d) Procurement opportunities will be posted on the Augusta, Georgia internet
website under the Procurement Department: http://www.augustaga.gov
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Sec. 1-10-6. Preference for local suppliers, professional services and
contractors.
(a) Augusta, Georgia encourages the use of local suppliers of goods, services
and construction products whenever possible. Augusta, Georgia also
vigorously supports the advantages of an open competitive market place.
Nothing in this Section shall be interpreted to mean that the Augusta,
Georgia 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, Georgia 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, Georgia market.
(c) In the event of a tie bid (see section 1-10-50 (h)), when all other factors are
equal, the Augusta, Georgia 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) The local vendor preference policy shall only be applied to projects of one-
hundred thousand dollars ($100,000) or less and only when the lowest local
bidder is within 10% or $10,000, 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 and, 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 the geographic limits of Richmond County, Georgia
for at least six (6) months immediately prior to the issuance of the
request for bids or quotes by Augusta; and
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(2) Holds any business license required by the AUGUSTA, GA. CODE; and
(3) Employees at least one full-time employee, or two part-time
employees whose primary residence is within the geographic limits of
Richmond County, Georgia or if the business has no employees, the
business shall be at least fifty percent (50%) owned by one or more
persons whose primary residence is within the geographic limits of
Richmond County, Georgia.
(f) The Procurement Director shall develop a program to routinely search out
local firms that offer products or services which Augusta, Georgia may
purchase and encourage such firms to place themselves on the local bidder's
list.
(g) Registration as a local bidder. In order to be registered as a local bidder, a
bidder must submit a completed application to the Department of
Procurement, and the applicant must be approved and registered 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.
(h) Criteria. To be registered as a local bidder, the eligible bidder must satisfy
the criteria set forth in subsection (e) above.
(i) 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 meet the requirements contained in
subparagraph (e) of this section in order to receive a bid preference on
eligible local projects.
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(j) Continuing obligations of eligible bidders registered as local bidders.
Eligible bidders registered 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 (e) of
this section.
(k) Nothing in this section shall be interpreted to mean that the Augusta,
Georgia Administrator or Commission may decline to follow the provisions
of O.C.G.A. §§ 36-91-1 through 36-91-95, Public Works Contracts.
O.C.G.A. § 36-91-22 requires that all Augusta, Georgia public works
contracts of one-hundred thousand dollars ($100,000) 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,
Georgia Administrator or Board of Commissioners may decline to follow
the provisions of the AUGUSTA, GA. CODE requiring public advertising
before letting certain contracts.
(l) Georgia-made Preference: Augusta, Georgia shall provide a preference for
Georgia-made products on the purchase of supplies, materials, equipment
and agriculture products. The Georgia-made Preference policy shall only be
applied to purchases of such items costing over one-hundred thousand
dollars ($100,000) and only when the vendor seeking this preference
supplies sufficient proof that their product is Georgia-made. A vendors
request for the Georgia±PDGH3UHIHUHQFHPXVWEHSODFHGLQWKHYHQGRU¶V
response to an applicable Augusta, Georgia bid. The Administrator shall
determine whether the product is a Georgia-made product. The lowest
bidder of a Georgia±made product will be allowed to match the bid of the
lowest non-Georgia-made bidder. If matched the lowest bidder of a
Georgia±made product will be awarded the contract.
Sec. 1-10-7. Value analysis.
(a) Purpose. A significant portion of the Augusta, Georgia 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.
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(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 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. 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;
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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 renew for
additional one year periods), with a vendor or contractor, to provide
Augusta, Georgia, 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 bond with good and sufficient surety or sureties for the
faithful acceptance of the contract payable to, in favor of, and for the
protection of the governmental entity for which the contract is to be
awarded.
(6) Bidders List. Augusta, Georgia'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.
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(8) Change Order. An alteration, addition, or deduction from the original
scope of work as defined by the contract documents to address
changes or unforeseen conditions necessary for project completion.
(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 Augusta, Georgia 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, Georgia, a using agency of Augusta, Georgia, or a contractor
thereof.
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(16) Cooperative Procurement. Acquiring commodities, services, 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,
Georgia which is the governing body of Augusta, Georgia.
(21) Mayor. The chief executive officer of Augusta, Georgia who is
authorized to sign all contracts for the Board of Commissioners.
(22) Administrator. The chief appointed administrative officer of Augusta,
Georgia.
(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, Georgia for a specified period of time.
(25) Designee. A duly authorized representative of a person holding a
superior position.
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(26) Discussions. As used in the selection process, means an exchange of
information or other manner of negotiation during which the offeror
and Augusta, Georgia 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 situation resulting in imminent danger to the public
health or safety or the loss of an essential governmental service.
(28) Employee. An individual drawing a salary or wages from Augusta,
Georgia, whether elected or not; any non-compensated individual
performing personal services for Augusta, Georgia or any department,
agency, commission, council, board, or any other entity established by
the executive, legislative or judicial branch of Augusta, Georgia; and
any non-compensated individual serving as an elected official of
Augusta, Georgia.
(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 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,
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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) Responsive Bidder. A person or entity that has submitted a bid or
proposal that conforms in all material respects to the requirements set
forth in the invitation for bids or request for proposals.
(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, Georgia.
(O.C.G.A. § 11-1-201).
(42) Notice to proceed. Written document issued by the Procurement
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.
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(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 with good and sufficient surety or sureties
payable to Augusta-Georgia for which the work is to be done and
intended for the use and protection of all subcontractors and all
persons supplying labor, materials, machinery, and equipment in the
prosecution of the work provided for in the public works construction
contract.
(47) Performance bond. A bond with good and sufficient surety or sureties
for the faithful performance of the contract and to indemnify Augusta,
Georgia for any damages occasioned by a failure to perform the same
within the prescribed time. Such bond shall be payable to, in favor of,
and for the protection of Augusta, Georgia for which the work is to be
done.
(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.
(52) Procurement. Means buying, purchasing, renting, leasing, or
otherwise acquiring any supplies, services or construction. It also
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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, Georgia.
(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
Augusta, Georgia 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 include investment management services
as defined by the laws of the State of Georgia.
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(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, Georgia
property.
(64) Public Works Construction. The building, altering, repairing,
improving, or demolishing of any public structure or building or other
public improvements of any kind to any public real property other
than those projects covered by Chapter 4 of Title 32 of the GEORGIA
CODE. Such term does not include the routine operation, repair, or
maintenance of existing structures, buildings, or real property.
(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.
(67) Qualified Products List. An approved list of commodities described
by model or catalog numbers, which, prior to competitive solicitation,
Augusta, Georgia has determined will meet the applicable product
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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.
(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 and reliably 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, Georgia Administrator, using agency
head, or Augusta, Georgia 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,
Georgia.
(73) Responsive Bidder or Proposer. A person or entity that has submitted
a bid or proposal which conforms in all material respects to the
requirements set forth in the invitation for bids or request for proposal.
(74) Sealed Bid. A method of soliciting public works construction
contracts and other contracts, products or services whereby the award
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is based upon the lowest responsive, responsible bid in conformance
with the provisions of Georgia Law and this Code.
(75) Sealed Proposal. A method of soliciting public works contracts and
other contracts, products or services whereby the award is based upon
criteria identified in a request for proposals in conformance with the
provisions of Georgia Law and this Code.
(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,
Georgia concerning its soliciting bids or proposals to perform an
Augusta, Georgia contract or purchase order.
(79) Sole Source. Those procurements made pursuant to a written
determination by Augusta, Georgia that there is only one source for
the required supply, service, or construction item.
(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.
(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, Georgia and available for use by the personnel of
the organization.
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(83) Surplus Supplies. Any Augusta, Georgia owned supplies no longer
needed having any use to Augusta, Georgia as determined of official
action of the Board of Commissioners.
(84) Ultra Vires. In excess of legal power or authrority.
(85) Using Agency. Any department, commission, board, office, authority,
or division of Augusta, Georgia requiring commodities, services or
construction products or professional or other consultant services.
(86) Using Agency Head. The director or department head of a using
agency that is responsible for the administration or such using agency.
(87) 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.
(88) 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 §§ 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.
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(a) Authority. The Procurement Director is designated as the principal public
procurement official for Augusta, Georgia, and shall be responsible for the
procurement of commodities, services, construction, and professional
service products in accordance with the AUGUSTA, GA. CODE and this
chapter.
(b) Duties. The duties of the Procurement Director include but are not limited
to:
(1) Procuring or supervising the procurement of all commodities,
services, construction, and professional and consultant service
products needed by Augusta, Georgia;
(2) Acting to procure for Augusta, Georgia the highest quality in
commodities, construction and service products at the best value to
Augusta, Georgia;
(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, Georgia 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 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;
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(9) Procuring for Augusta, Georgia whenever possible all tax exemptions;
(10) Cooperating with using agencies so as to secure for Augusta, Georgia
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, Georgia for an appropriate
period of time;
(12) Exercising general supervision over all other inventories of supplies
belonging to Augusta, Georgia;
(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 all business owners;
(15) Selling, trading, or otherwise disposing of surplus supplies belonging
to Augusta, Georgia;
(16) Prequalifying suppliers;
(17) Prequalifying products through the study of testing data;
(18) Maintaining the official Augusta, Georgia 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
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(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.
(24) Implementing and operating the LSBOP.
(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,
Georgia, except for certain purchases officially authorized to be made by an
elected official or using agency head.
(b) Augusta, Georgia 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, Georgia 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, Georgia Administrator or Procurement Director.
Any such purchase may be considered ultra vires. Violators shall be subject
to penalties provided by law and/or in 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
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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 Augusta 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 Augusta, Georgia officers and employees for unauthorized contracts.
If any officer or employee of Augusta, Georgia shall create any actual legal
liability against himself or herself or Augusta, Georgia 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, Georgia or to provide supplies to Augusta, Georgia; and
(b) The construction or service, or the provision of supplies was not duly
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Augusta, Georgia Charter and the 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,
Georgia officer or employee involved; then in such event, if Augusta,
Georgia 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, Georgia then such offending officer or employee
shall be discharged from his or her employment with Augusta, Georgia
subject to the labor-management relations ordinance where appropriate.
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(d) Augusta, Georgia prohibits any language in any solicitation, bid or contract
that is inconsistent with the March 14, 2007 Court Order in the case,
Thompson Wrecking, Inc. v. Augusta Georgia, civil action No. 1:07-CV-019.
Any such language appearing in any Augusta, Georgia solicitation, bid or
contract is void and unenforceable.
(e) Nothing in this article or the AUGUSTA, GA. CODE shall be construed as a
waiver of any defenses available to Augusta, Georgia, including immunity.
Sec. 1-10-27. Conflicts of interests.
In accordance with this division it shall be unethical for any Augusta, Georgia
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, Georgia 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, Georgia through 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 Augusta, Georgia
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,
Georgia Administrator, in consultation with the Procurement Director and
General Counsel shall make a written determination as to whether Augusta,
Georgia officer or employee has a conflict of interest that would prevent
participation in such procurement.
Sec. 1-10-28. Gratuities and kickbacks.
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(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, Georgia procurement for six (6) months after
termination of employment or service with Augusta, Georgia.
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 Augusta, Georgia 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 Augusta, Georgia contract or purchase
order shall contain the clause prohibiting contingent fees, as follows:
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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, Georgia shall have the right to terminate the
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contract or purchase order without liability, and, at its discretion, to deduct
from the contract or purchase order price, or otherwise recover the fill
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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, Georgia 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, Georgia Board of Commissioners is permitted to
impose sanctions upon any employee or non-employee for violations of
these provisions.
(c) Employees. The Administrator, upon the recommendation of a Augusta,
Georgia 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 Administrator, 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.
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Under this article, collusion and other anti-competitive practices among offerors
are prohibited by local, state and federal laws, and Augusta, Georgia, 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 local, 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 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, Georgia 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.
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(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 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, Georgia'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, Georgia
by architects, engineers, designers, draftsmen, and other consulting persons.
Sec. 1-10-35. Qualified products list.
(a) Augusta, Georgia shall advertise at least once per fiscal year for vendors to
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register with the Procurement Department the products and services they
wish to offer Augusta, Georgia. Augusta, Georgia 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.
(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
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list by another governmental entity.
(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
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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:
(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, Georgia'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,
Georgia'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
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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, Georgia 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.
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. All specifications shall be drafted so as to
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not be 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 Procurement Director 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,
GEORGIA CONTRACTS
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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, Georgia
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 employment or use by Augusta, Georgia. 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, Georgia'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, Georgia 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) 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:
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(1) The contract price is based on adequate price competition;
(2) The contract price is based on established catalogue prices or market
prices;
(3) The contract price is set by law or regulation; or
(4) It is determined by the Procurement Director and approved by the
Augusta, Georgia 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, Georgia 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
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award of the contract, or the pricing of the change order for contract
modification.
(f) Price adjustment provision required in contracts. Augusta, Georgia
contracts shall include a provision stating that when detailed pricing data has
been requested by Augusta, Georgia 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, Georgia, including profit or fee,
shall be appropriately adjusted. Such prices shall be accurate, complete, and
current as of the date agreed upon between Augusta, Georgia 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, Georgia'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 one-hundred thousand
dollars ($100,000).
(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, Georgia), or such other
security as approved by the Augusta, Georgia General Counsel.
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(c) Nothing herein prevents the requirements of such security on construction
and other purchases less than one-hundred thousand dollars ($100,000)
when the circumstances warrant such requirements as determined by the
Procurement Director and using agency head.
(d) Amount. Bid security, when required, shall be in an amount equal to at least
ten percent (10%) of the amount of bid or an amount certain specified in the
solicitation.
(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,
Georgia 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.
(f) Upon failure of an offeror to enter into a contract within ten (10) days after
the contract is tendered by Augusta, Georgia, the offeror's security is subject
to forfeit.
(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.
(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 one-hundred thousand dollars ($100,000) the following
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bonds shall be delivered to Augusta, Georgia, and shall become binding on
the parties upon the execution of the 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, Georgia; 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,
Georgia.
(b) Nothing in this chapter shall prohibit Augusta, Georgia from requiring other
contractors or suppliers of professional services to comply with one or both
bonding requirements if so determined by the Augusta, Georgia
Administrator, and/or using agency head, to be necessary.
(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, Georgia 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, Georgia 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, Georgia Administrator and advice of the Augusta, Georgia 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 established ranges and for specific purposes for
each solicitation and contract, except where otherwise provided for in the
AUGUSTA, GA. CODE.
Attachment number 3Page 38 of 113
Page 39 of 113
(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,
Georgia 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.
ARTICLE 6
PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT
AWARDS
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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, Georgia. 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, Georgia shall request a vendor to deliver
goods, merchandise, materials or supplies to Augusta, Georgia 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, Georgia 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 considered material conditions of the bid
which are not waiveable or modifiable by the Procurement Director. All
requests to waive or modify any such material condition shall be submitted
through the Procurement Director to the appropriate committee of the
Augusta, Georgia Commission for approval by the Augusta, Georgia
Commission.
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(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 with values that equal or exceed one-
hundred thousand dollars ($100,000), 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 or newspaper. 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, Georgia 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 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
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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.
(h) 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 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 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;
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(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 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, Georgia 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.
(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
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hardship that would occur to either Augusta, Georgia 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, Georgia, or if not within the
above, within the State of Georgia. Where 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 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,
Attachment number 3Page 44 of 113
Page 45 of 113
(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.
(k) 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
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
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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, Georgia 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, Georgia. 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, Georgia.
(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 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, Georgia 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
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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 shall 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;
(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
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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,
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(k) Final negotiations and letting the contract. The Committee shall rank the
technical proposals, open and consider the pricing proposals submitted by
each offeror. Award shall be made or recommended for award through the
Augusta, Georgia Administrator, to the most responsible and responsive
offeror whose proposal is determined to be the most advantageous to
Augusta, Georgia, 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
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, 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. This section shall
not be applicable to services provided by attorneys or other professionals retained
in connection with legal services. General Counsel shall be responsible for
selecting attorneys and litigation related professionals.
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(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, Georgia.
(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 section 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 section 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;
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(5) The ability to comply with the schedule of the commencement and
completion of the services, as required by Augusta, Georgia;
(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, Georgia.
(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, Georgia. 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 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, Georgia; 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. Informal bids selection methods (standard and small purchases)
and authority of Administrator and General Counsel.
(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) 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
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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). 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), including sales tax. Vendor quotes
are to be noted on the requisition for retention. The procurement
requirement shall not be artificially 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 ten thousand
dollars ($10,000), 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
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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 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 one-thousand dollars ($1,000)/authority of using
agency. Procurement of an item or article which does not exceed one-
thousand dollars ($1,000.00), 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 one-thousand dollars ($1,000) 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
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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 one-thousand dollars
($1,000) may be made by the elected official or using agency head of all
using agencies as follows:
(1) Where the purchase does not exceed one-thousand dollars ($1,000)
and a Using Agency Purchase Order is prepared and presented to the
vendor.
(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, Georgia. 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).
(k) Authority of Administrator to make small purchases. The Administrator
shall have authority to make purchases and enter into professional services
agreements without Commission approval for products or services not
exceeding $25,000.
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(l) Authority of General Counsel to settle small cases. The General Counsel
shall have authority to settle pending and potential litigation not exceeding
$25,000 without Commission approval.
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, Georgia.
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, Georgia 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
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and the terms of the agreement reached including terms and prices.
(c) If the Augusta, Georgia 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 twenty
thousand dollars ($20,000), the Administrator may approve such
procurement. If the item exceeds ten thousand dollars ($20,000) 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.
(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, Georgia 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, Georgia Commission at their next regular meeting in the
case of public works contracts as defined by Georgia Law or other Augusta,
Georgia purchases when the value of the purchase exceeds twenty thousand dollars
($20,000).
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
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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 Augusta, Georgia 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.
Upon approval of an annual contract by the Augusta, Georgia 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, Georgia. The reasons thereof shall
be made part of the contract file. Each solicitation issued by Augusta,
Georgia shall state that the solicitation may be canceled and that any bid or
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proposal may be rejected in whole or in part for good cause when in the best
interest of Augusta, Georgia. 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. The Augusta, Georgia Commission has 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 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, Georgia 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, Georgia 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
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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:
(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, Georgia 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,
Georgia 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, Georgia. 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, Georgia.
Sec. 1-10-62. Right to inspect facilities.
Official representatives of Augusta, Georgia shall have the right to inspect
facilities of a vendor at any reasonable time which is related to the performance of
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any contract award, bid on or to be awarded by Augusta, Georgia.
Sec. 1-10-63. Right to audit records and contracts and collection of statistical
data.
(a) Official representatives of Augusta, Georgia may, at reasonable times and
upon reasonable written notice to vendor, inspect the official records of the
person or firm pertaining to a contract, change order, or purchase order with
Augusta, Georgia 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, Georgia 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 (3) years from the date of final payment
under the prime contract and by the subcontractor for a period of three (3)
years from the date of final payment under the subcontract, unless a shorter
period is authorized in writing.
(c) Collection of statistical data. Augusta, Georgia shall be entitled to collect
statistical information relating to such factors to determine whether
disparities exist as permitted by law. All contractors and subcontractors
under any negotiated contract or subcontract shall collect such information
for every Augusta, Georgia contract and shall make such information
available upon request.
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,
Georgia Administrator. The Procurement Director may accept a next lowest
bidder. The options selected shall be the most advantageous to Augusta, Georgia.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-65. Multiple awards; limitations on multiple awards.
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(a) Multiple awards. Unless otherwise provided in this section, or unless
otherwise provided by law, two or more offerors may be awarded separate
contracts, at the discretion of the Administrator, on the basis of one
solicitation for the same or similar work, supplies or services if Augusta,
Georgia 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, Georgia may, in its discretion, elect to award only one contract if
the procurement director, after consultation with the head of the using
agency, determines in writing that one contract is sufficient for the needs
anticipated by Augusta, Georgia 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 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.
Augusta, Georgia Local Small Business 2SSRUWXQLWLHV3URJUDP ³/6%23´
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Sec. 1-10-67. Objective.
Augusta, Georgia 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, Georgia, and providing for objectives for bidders to
incorporate the use of Local Small Businesses as commercially useful sub-
contractors, thereby promoting balanced economic and community growth
throughout Augusta, Georgia. The LSBOP is a race and gender-neutral program.
Sec. 1-10-68. Policy, intent and purpose.
(a) Policy. It is the policy of Augusta, Georgia 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, Georgia government. Further,
the Augusta, Georgia 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, Georgia has established the LSBOP to promote opportunities for
registered Local Small Business to participate in Augusta, Georgia¶V
contracting and procurement activities by requiring contractors to utilize
registered 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.
(b) Intent and Purpose. The Augusta, Georgia Local Small Business
Opportunity Program is established to encourage equal opportunity,
diversity, and equity in Augusta *HRUJLD¶s contracting and procurement
activities. In a race and gender neutral manner, the Program will promote
fair and equal opportunities for all local small businesses. It is specifically
intended that the encouragement of local small businesses will allow for the
development and growth of such businesses to increase competition for
construction and procurement opportunities.
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(1) It is the intent and purpose of this program to encourage equal
opportunity in $XJXVWD*HRUJLD¶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, Georgia of assisting the local economy with
job formation while remedying the discrimination against minority
owned business enterprises in the Augusta, Georgia 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 Procurement Director 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
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is incorporated herein by reference.
(2) Commercially Useful Function. For the purpose of determining
whether a registered Local Small Business is performing a
commercially useful function, Procurement Department shall
consider all of the facts in the record, viewed as a whole, including
without limitation the following:
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(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 Procurement
Department 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 local small businesses in the prime
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(ii) Assuring that local small businesses are solicited whenever
such business enterprises can perform a commercially useful
function.
(iii) Dividing total requirements, when economically feasible, into
smaller tasks or quantities to permit maximum participation of
local small businesses.
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(iv) Establishing delivery schedules, where the requirements of the
prime contract permit, which encourage participation of local
small businesses.
(v) Using the services and the assistance of the Procurement
Department in the identification of qualified local small
business 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 local 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 local small businesses
subcontracting in trades with available local small business
subcontractors.
(ix) Providing a minimum of five (5) days notice to local 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 proprietorship
JURVVLQFRPHSOXV³FRVWRIJRRGVVROG´DVWKHVHWHUPVDUHGHILQHGRU
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.
(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.
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(6) Local Small Business. A corporation, sole proprietorship, partnership
or other business organization that meets the requirements for
registration as such with Augusta, Georgia 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 Procurement Department.
(8) Non-Discrimination Statement. Written affirmation made by a bidder
UHODWLQJWRWKHELGGHU¶VFRQGXFWSULRUWRVXEPLVVLRQRIDELGDVZHOODV
after award of a contract that the bidder agrees to:
(i) Follow the policies of Augusta, Georgia relating to the
participation of local small businesses.
(ii) Undertake certain measures to ensure the maximum practicable
participation by local small businesses; and
(iii) Not engage in discriminatory conduct against local small
businesses 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 hundred and
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Worth doeVQRWLQFOXGHWKHLQGLYLGXDO¶VRZQHUVKLSLQWHUHVWDQGWKH
LQGLYLGXDO¶V HTXLW\ LQ KLV RU KHU SULPDU\ SODFH RI UHVLGHQFH $Q
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KHOG MRLQWO\ ZLWK WKH LQGLYLGXDO¶V VSRXVH 3URSHUW\ KHOG E\ WKH
entireties is deemed to be owned equally by the spouse.
(10) Prime Contractor. A person or firm who is awarded a contract from
Augusta, Georgia 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 Procurement Department, providing goods or services, which has
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its principal office and place of doing business in Augusta, Georgia;
with gross annual receipts being less than one million dollars
($1,000,000); 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 business participation. Written data sheet
which is a required submittal for a bid or proposal that lists proposed
local small business 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, Georgia except sole source or emergency
procurement. The effective date of this ordinance shall be the date it is approved
by the Augusta, Georgia Commission.
Sec. 1-10-71 . Program administration.
(a) Services to be provided by the Local Small Business Opportunities Program
(LSBOP). The Procurement Director shall have the primary responsibility
to assure that the LSBOP is effectively and equitably carried out in Augusta,
Georgia. Other Augusta, Georgia officials, Department directors and
management personnel shall give their full cooperation towards the
implementation of the LSBOP 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 registration
criteria and procedures.
(2) Establishing and maintaining a directory available to the public of
registered local small businesses capable of supplying the type and
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quality of equipment, supplies, general services, construction, and
professional services required by Augusta, Georgia.
(3) Regularly seeking out and registering new local small businesses to
bid on Augusta, Georgia 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, Georgia 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 registered 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 to compete on an equal basis for contracting
opportunities and to perform commercially useful functions.
(8) Convening and/or participating in information sessions with local
small businesses 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, Georgia¶V ELGGLQJ SURFHVV E\ local small
businesses.
(10) Exploring and developing other means of expanding the program, and
attracting and increasing local small business participation including
joint efforts with other governmental agencies and authorities.
(11) Refer local small businesses to third party development assistance
providers when appropriate for bonding, financial and technical
assistance.
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(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,
Georgia Commission.
(14) Assist prime contractors and other potential bidders in identifying and
contacting local small businesses.
(15) Develop outreach programs specifically targeted to educate local
small businesses about the LSBOP.
(16) The Procurement Director shall work with User Departments to set
contracting goals for each project over $100,000 to include those with
subcontracting and/or supplier possibilities. The Procurement
Director and User Departments shall have the authority to reduce or
eliminate such local small business goals on a project based on the
type of contract, the type of subcontracting work that will be required,
and the availability of local small businesses.
(17) At Risk Management Construction Project Prime bidders will also be
subject to the contract goals for subcontractors.
(18) Augusta, Georgia shall indicate goals for local small businesses in
Project Specific solicitations over $100,000 to provide opportunities
for local small business participation.
(19) Where a bid provides a goal for local small business participation, the
Procurement Department 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.
(20) Notify all registered vendors of formal bid opportunities through
direct solicitation or public advertisement, including information on
the LSBOP.
(21) 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 to
participate in contracts let by Augusta, Georgia.
Attachment number 3Page 68 of 113
Page 69 of 113
(22) Provide data and technical assistance to support the outreach efforts
of the LSBOP as necessary and appropriate.
(23) Develop and utilize specifications that are open and competitive.
(24) The Procurement Director, the Using Agency and the Finance
Director, may make special provision for progress payments as
deemed reasonable to assist local small businesses to carry out the
terms of a contract.
(25) When a local small business is awarded a contract with Augusta,
Georgia, 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 in negotiating lines of credit with lending
institutions.
(c) Evaluation of the Local Small Business Opportunity Program by the
Augusta, Georgia Commission. The Local Small Business Opportunities
Assistance Program shall be evaluated on an annual basis. Each annual
report shall be compiled by the Procurement Director and shall compare the
fiscal year ending with the previous fiscal year. Evaluation of the program
may include:
(1) Number of local small business firms registered;
(2) Training and technical assistance offered to local small businesses;
(3) Dissemination of LSBOP information at pre-bid conferences; and
(4) Evaluation of the effectiveness of the local small business in relation
to the achievement of Augusta, Georgia¶VJRDOVVHWIRUWKXQGHUWKLV
policy, including the utilization of local small businesses on contracts.
Sec. 1-10-72. Registration and certification procedures.
(a) Registration Criteria; acceptance of certification by other governmental
agencies. The Augusta, Georgia¶V /RFDO 6PDOO %XVLQHVV 2SSRUWXQLWLHV
Program requires prior registration or evidence of current certification of a
Local Small Business in order to count the participation of that Local Small
Attachment number 3Page 69 of 113
Page 70 of 113
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 Procurement Department and must qualify as a
local small business, as the term is defined in this 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 located
within the geographic limits of 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, Georgia business
license for six (6) months prior to submitting their LSBOP
registration application;
(5) 7KHILUP¶VWKUHH (3) year average annual gross receipts, as defined
herein, must not exceed $1.5 million ($1,500,000) 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
Attachment number 3Page 70 of 113
Page 71 of 113
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.
(9) No local small business shall be registered on the basis of the race or
gender of its ownership regime.
(b) Renewal of Registration. Local small business registration is valid for a
two-year period beginning on the date Augusta, Georgia 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 to notify the Procurement
Department of any change in its circumstances affecting its continued eligibility
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 Procurement Department;
(2) Firms that have been denied registration or re-registration may protest
the denial as follows:
(i) Within five (5) days of receipt of denial of registration or re-
registration, the firm may protest such action in writing to the
Procurement Director. 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.
(ii) A hearing shall be held by Augusta, Georgia Administrator (or
his or her designee) at which time the firm may present
Attachment number 3Page 71 of 113
Page 72 of 113
additional facts and evidence in support of its eligibility.
Augusta, Georgia Administrator (or his or her designee) 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, Georgia Administrator shall send written notice of
the decision to the firm within thirty (30) days of the hearing.
(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, Georgia, a registered local small
business 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 Augusta,
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, Augusta 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 businesses to compete. In no
HYHQWVKDOODILUP¶VSDUWLFLSDWLRQLQWKHSURJUDPHxtend beyond fifteen (15)
years.
Participation or registration as a local small business in the LSBOP shall not
preclude a registered firm from competing for a prime contract with
Augusta, Georgia on the same basis as other prime contractors or suppliers.
Attachment number 3Page 72 of 113
Page 73 of 113
(d) Graduation. Augusta, Georgia shall graduate a local small business from
eligibility as a local small business. The local small business will be
graduated from local small business if any one of the following occurs:
(1) The local small business¶ JUoss 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 a local small business exceeds an
average of $750,000 for each of the previous consecutive three (3)
years, exclusive of principal residence and the value of the local small
business ; or
(2.) The local small business has participated in the 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 are encouraged to participate in
Augusta, Georgia contracts, including but not limited to construction
contracts, requests for professional services and the performance of public
works contracts. The Augusta, Georgia user department shall indicate goals
for local small business in all solicitations for contracts over $100,000 in
value:
(1) Bid conditions, requests for proposals, and all other specifications for
contracts awarded by Augusta, Georgia 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 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 as subcontractors or suppliers, the names of local
Attachment number 3Page 73 of 113
Page 74 of 113
small businesses 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 identify the
existence of registered local small businesses which are qualified to
submit bids as prime contractors.
(4) The Procurement Department shall identify subcontracting
opportunities and shall make available trade-specific lists of
registered local small businesses to potential prime contractors.
Prime contractors are encouraged to form Joint Ventures with local
small businesses 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 package 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, Georgia.
(6) All bid documents shall require bidders or proponents to submit with
their bid the following written documents, statements or forms, which
shall be made available by the Procurement Department.
(i) Non-'LVFULPLQDWLRQ6WDWHPHQWZKLFKVKDOODIILUPWKHELGGHU¶V
(i) adherence to the policies of Augusta, Georgia 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 Subcontractor/Supplier
Utilization Plan.
(iii) Documentation of Good Faith Efforts to use local small
businesses.
Attachment number 3Page 74 of 113
Page 75 of 113
Failure to submit the above documentation shall result in the bid or proposal
being declared non-responsive.
(7) Before advertising and soliciting bids, the Procurement Department
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, Georgia.
(8) When the Solicitation bid document contains a local small business
goal, each Bidder must either: meet the local small business goal 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 goal, each bidder must negotiate in good faith with each local
small business WKDWUHVSRQGVWRWKH%LGGHU¶VVROLFLWDWLRQDQGHDFKORFDO
small business 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 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 management, contract management, and/or
construction, and/or design contracts) shall have the following duties and
responsibilities with regard to the LSBOP:
Attachment number 3Page 75 of 113
Page 76 of 113
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
Procurement Department so appropriate local small business
subcontracting goals may be determined.
(3) Assist the Procurement Department with setting Project Specific
Goals.
(4) Assist in identification of available local small businesses.
(5) Gather and maintain data for those contracts which they manage.
(6) Submit subcontracting data to the Procurement Department within
fourteen (14) days of progress payments and thirty (30) days of
contract closeout.
(7) Submit to the Procurement Department, on or before the beginning of
HDFK)LVFDO\HDUWKH'HSDUWPHQW¶VDQQXDOOLVWRISURMHFWVlisting all
upcoming projects, estimating the probable monetary value, and
stating the projected bid advertisement date.
(8) Indicate goals for local small businesses in solicitations for contracts
that provide opportunities for local small business participation.
(9) Work with User Departments to monitor contracts to facilitate prompt
payments to local small business and to be in compliance with Project
Specific Goals and commitments.
Attachment number 3Page 76 of 113
Page 77 of 113
(10) Track and report statistics regarding the effectiveness of the LSBOP,
as measured by a review of data indicating prime and subcontractor
spending with local small business, as required by the policies and
procedures.
(C) Methodology for Setting Local Small Business Project Specific Goals. The
Procurement Director in consultation with User Department shall establish a
local small business goal for all contracts through rules and guidelines for
the implementation of the LSBOP. Such methodology shall take into
account the reasonably known availability of subcontracting opportunities
that local small businesses can perform on each contract. Local small
business goals should be calculated based upon specific contracting,
subcontracting, and/or supplier opportunity and the availability of local
small business registered in Augusta, Georgia¶V GLUHFWRU\ 7KLV ZLOO EH
achieved by adopting the 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 LSBOP after a
contract has been awarded. This is incorporated into all Augusta, Georgia
Contracts for which a local small business goal has been established or
negotiated.
(1) Contractors shall have an affirmative, ongoing obligation to meet or
exceed the committed local small business goal for the duration of the
contract. The Augusta, Georgia may deem a contractor to be in
violation of the LSBOP and in breach of its contract if at any time
Augusta, Georgia determines that: (a) The contractor will not meet the
committed local small business goals; and (b) the reasons for the
FRQWUDFWRU¶V IDLOXUH DUH LQ ZLWKLQ WKH FRQWUDFWRU¶V FRQWURO )RU
example, if a contractor does not meet the local small business goal
because the contractor terminated a local small business without cause
or if the contractor caused and local small business to withdraw from
the project without justification, then Augusta, Georgia is justified in
finding the contractor to be in violation of the LSBOP.
Attachment number 3Page 77 of 113
Page 78 of 113
(2) Exceptions. A contractor shall not be deemed in violation of this
Program for failure to meet the committed local small business goal to
the extent such failure is directly attributable to:
(i) Augusta, Georgia reducing the scope of a Contract so as to
eliminate or reduce work that was going to be performed by
local small businesses (whether through a change order,
contract amendment, force account or otherwise);
(ii) A local small businesses voluntary withdrawal from the project,
if the contract demonstrates that such withdrawal was beyond
WKHFRQWUDFWRU¶VUHDsonable control, so long as the contractor
complied with the Good Faith Efforts to replace the local small
business with another local small business; or
(iii) Termination or reduction in the work of a local 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 with another local small business.
(3) Contractors have an ongoing, affirmative obligation to ensure that
local small businesses performing on the contract are performing a
Commercially Useful Function. A contractor shall be in violation of
the LSBOP and in breach of its contract if it lists a local small
business to receive credit toward a committed local small business
goal with knowledge that the local small business 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 a local
small business that the contractor has counted toward meeting the
committed local small business unless:
(i) The local small business refuses to enter into a contract
consistent with the local small business¶/HWWHURI,QWHQW
(ii) The local small business materially breaches its contract with
the contractor
Attachment number 3Page 78 of 113
Page 79 of 113
(iii) Augusta, Georgia reduces the contract scope of work so as to
eliminate or reduce the work that the local small business was
to perform; or
(iv) The local small business voluntarily withdraws from the
FRQWUDFW IRU UHDVRQV QRW ZLWKLQ WKH FRQWUDFWRU¶V UHDVRQDEOH
control.
(5) Contractor shall provide the User Department and the Procurement
Director written notice prior to replacing or terminating a local small
business on a contract. The notice shall identify the local small
business 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 Procurement Director at
least five (5) Business Days before the contractor terminates the local
small business. The contractor shall further provide written notice to
the local small business 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 a local small business to a contract.
When a local small business 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
with another local small business. Likewise, when new opportunities
for subcontracting arise on a contract and Augusta, Georgia sets a
Supplemental local small business goal, the contractors shall comply
with the Good Faith Efforts set in an effort to meet the Supplemental
local small business goal.
(7) Utilization Reports and Documentation of Payment. Contractors shall
report to Augusta, Georgia the total dollars paid to each local small
business on each contract, and shall provide such payment affidavits,
regarding payment to subcontractors as may be requested by Augusta,
Georgia. Such documents shall be in the format specified by the
Procurement Department, and shall be submitted at such times as
Attachment number 3Page 79 of 113
Page 80 of 113
required by Augusta, Georgia. Failure to provide such reports within
the time period specified by Augusta, Georgia shall entitle Augusta,
Georgia to exercise any of the remedies set forth, including but not
limited to, withholding payment from the contractor and/or collecting
liquidated damages.
(e) Departmental purchase requirements (small purchases, quotations, or
informal bids). Subject to the dollar limits set forth under Augusta, Georgia
ordinance, departments are authorized to make small purchases using
Agency Purchase Orders. Departments shall be directed by Augusta,
Georgia Administrator to utilize local small businesses on small purchases
whenever possible and appropriate.
(1) The Procurement Department shall make available to every Augusta,
Georgia department a directory of registered local small businesses
and encourage their use of by departments.
(2) The Procurement Department shall provide annual training to all
Augusta, Georgia Departments on the Local Small Business
Opportunities Program.
(3) The Procurement Director shall ensure that all Augusta, Georgia
specifications for goods and services do not contain any unnecessary
impediment to local small business participation in the bid process.
(4) For small purchases, quotations or informal bids, the Using
Department will solicit bids from registered local small businesses to
supply the required materials, equipment, supplies or services using
the local small business Registry created and maintained by the
Procurement Department.
(5) The Procurement Department will attempt to identify qualified local
small businesses and will include such local small business in
bid/quote solicitation lists.
(f) Procurement Department Buyer¶s Responsibilities.
(1) For all purchases on which written bids are sought, registered local
small businesses which are ready, willing and able to perform the
Attachment number 3Page 80 of 113
Page 81 of 113
required services or provide the required commodity will be solicited
for a written quotation or bid.
(2) Purchases from local small businesses shall be tracked by the buyer.
(g) Maintenance of Records.
(1) The Procurement Department, with the assistance of the Department
of Information Technology, shall compile data on local small business
participation. Information on prime contract awards and
subcontractor utilization will be maintained by the Procurement
Department which will gather information from all user Departments
on a quarterly basis.
(2) Local small business 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 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, Georgia Commission by the Procurement Director.
(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
(ii) Regarding small purchases by operating department using
Agency Purchase Orders:
Attachment number 3Page 81 of 113
Page 82 of 113
Total value of small purchases by Augusta, Georgia
Department
Total value of small purchases from local small businesses by
Department
(iii) Regarding construction purchases:
Total value of construction contract awards
Total value of construction contracts awarded to local small
businesses as prime contractors.
Total value of subcontracts awarded to local small businesses
(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 continuing basis, all
DVSHFWVRIWKHSURJUDP¶VRSHUDWLRQVWRDVVXUHWKDWWhe purpose is being
attained and reporting same to the Procurement Director for tracking
and annual report purposes.
(3) Each Augusta, Georgia 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 Procurement Director and
any compliance personnel to inspect such records. Compliance
records will be a part of the official files located in the Procurement
Office.
(4) The Procurement Director shall be responsible for evaluating good
faith efforts documentation and subcontractor information submitted
by bidders in conformance with, the AUGUSTA, GA. 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.
Attachment number 3Page 82 of 113
Page 83 of 113
(5) Each Augusta, Georgia contract will contain a provision prohibiting
any agreements between a contractor and a local small business in
which the local small business 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, Georgia 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 who do not submit the best overall pricing to Augusta, Georgia.
(j) Outreach.
To maximize the identification, registration and utilization of local small
businesses, the following efforts will be undertaken by the Procurement
Department:
(1) Increase efforts to locate and register additional vendors, service
providers, and construction contractors that can provide goods and
services for Augusta, Georgia through media, vendor fairs, and
electronic message boards.
(2) As GDOT, FTA, DOD and FAA certified construction contractors are
located invite local firms to register with Augusta, Georgia 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 for projects that
can utilize local small businesses for a commercially useful function.
(3) Supply information to the Board of Commissioners regarding the
LSBOP 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 and Article 14, the LSBOP shall only be utilized with
federally funded projects, solicitations or contracts as authorized by federal (and
Attachment number 3Page 83 of 113
Page 84 of 113
Georgia) laws, regulations and conditions applicable to such projects. To the
extent that there are any conflicts between any such laws, regulations or conditions
and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall
control.
Sec. 1-10-75. Citizens Small Business Advisory Board.
A Citizens¶ Small Business Advisory Board (CSBAB) shall be constituted to
advise the Commission and Procurement Director 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 Augusta, Georgia Charter § 1-40.
Members are appointed by the Mayor, Commission and the Richmond County
Legislative Delegation. A list of the appointees is maintained in the Clerk of
&RPPLVVLRQ¶V2IILFHDQGLVLQFRUSRUDWHGKHUHLQE\UHIHUHQFH
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 Augusta, Georgia procurements at any tier and consideration for award of
contracts. The debarment shall be for a period of not more than five (5) 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 Augusta,
Georgia 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.
Attachment number 3Page 84 of 113
Page 85 of 113
The causes for debarment or suspension include:
(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 Augusta,
Georgia 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:
(1) Deliberate failure to perform in accordance with the provisions or
within the time limit provided in any Augusta, Georgia contract.
(2) 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
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, Georgia's determination on such issue will be independent
from the contract/project at issue. It is insufficient in a debarment
proceeding for the contractor to raise this issue for the first time
concerning 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.
Attachment number 3Page 85 of 113
Page 86 of 113
(f) Submission to Augusta, Georgia of a claim for additional compensation that
is without merit, including, but not limited to claims seeking to recoup:
(1) Costs incurred by the contractor but not included in its bid or proposal
due to its own error;
(2) Costs that it has already been paid or will be paid under the contract;
(3) Costs asserted simply for the purpose of forcing Augusta, Georgia to
consider a settlement at a reduced amount;
(4) Costs that the contractor has not certified pursuant to the contract
documents; and
(5) 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 registered with Augusta, Georgia as a local small
business.
(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.
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 the appeals and remedies
of Article 9 of this Chapter.
Sec. 1-10-%RDUGRI&RPPLVVLRQHU¶VLQLWLDWHGGHbarment.
Attachment number 3Page 86 of 113
Page 87 of 113
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 Augusta, Georgia 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.
(d) Notice of Decision. A copy of the decision shall be mailed or otherwise
furnished to the protestor and any other interested party.
Attachment number 3Page 87 of 113
Page 88 of 113
(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, Georgia. 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
(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.
Attachment number 3Page 88 of 113
Page 89 of 113
(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 in the Procurement
Department not later than five (5) business days after receipt of such decision.
Sec. 1-10-86. Request for hearing and effect of untimely appeal.
Attachment number 3Page 89 of 113
Page 90 of 113
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, Georgia
Commission. All appeals must be received by the Procurement Department 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, the
Procurement 'LUHFWRU¶VGHFLVLRQLVFRQVLGHUHGILQDOand 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. The Clerk of
&RPPLVVLRQ¶V2IILFHVKDOOSURYLGHSXEOLFQRWLFHRIWKH$GPLQLVWUDWLYH6HUYLFHV
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, Georgia
General Counsel and the Department Director 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, Georgia 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 the right to force the item to be moved from the Consent Agenda to
the Regular Agenda.
Attachment number 3Page 90 of 113
Page 91 of 113
(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, Georgia Commission is considered an abandonment of their
right to appeal and a failure on the part of the protestor to exhaust
administrative remedies. TKH 3URFXUHPHQW 'LUHFWRU¶V GHFLVLRQ LV
considered final and 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 in procurement
matters.
The Augusta, Georgia 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, Georgia.
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.
Sec. 1-10-91. Determination of Commission; final decision.
Attachment number 3Page 91 of 113
Page 92 of 113
7KH&RPPLVVLRQ¶VGHFLVLRQUHJDUGLQJD3URWHVWLVWKHILQDOVWHSLQWKH$SSHDOV
process for Augusta, Georgia. 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, Georgia Administrator. All claims by a contractor or vendor
against Augusta, Georgia relating to a contract shall be submitted in writing to the
Augusta, Georgia Administrator through the officially designated Augusta,
Georgia 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, Georgia'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, Georgia 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, Georgia Administrator, and
the Augusta, Georgia 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 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.
(c) After award. If, after an award, the Procurement Director, after consultation
with the Administrator and the General Counsel, determines that a
Attachment number 3Page 92 of 113
Page 93 of 113
solicitation or award of a contract was in violation of applicable law, the
following options shall be available to Augusta, Georgia:
(1) The contract may be ratified and affirmed, provided it is determined
that doing so is in the best interest of Augusta, Georgia 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.
(b) Major purchase contracts. Capital equipment, construction and all services
purchase contracts with a value of one-hundred thousand dollars ($100,000)
or more must have:
Attachment number 3Page 93 of 113
Page 94 of 113
(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 one-hundred thousand dollars ($100,000) but more than ten
thousand ($10,000) must have:
(1) General project concept approval by the Commission and/or Augusta,
Georgia 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 equal to, or less than, ten
thousand dollars ($10,000) but more than one-thousand dollars ($1,000)
must have:
(1) General project concept approval by the Commission and/or the
Administrator; 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 Administrator, or special funding
authorization by the Administrator (when transfer of funds is
Attachment number 3Page 94 of 113
Page 95 of 113
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 one-thousand dollars ($1,000) or less must have:
(1) General budget approval by the Commission (e.g. could be specified
within a larger account) and/or or special funding authorization by the
Administrator; and
(2) Using agency head approval of the source selection method and award
of contract; and
(3) 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 or the
Administrator; 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
(4) Contract/small purchase order to be signed by the Administrator,
using agency head, or Mayor based on the value of the purchase.
Sec. 1-10-95. Public works contracts.
Attachment number 3Page 95 of 113
Page 96 of 113
Augusta, Georgia 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, Georgia 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, Georgia 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)(1).
(c) Change Orders. Augusta, Georgia 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, 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, Georgia for the physical performance of services
shall be required to execute an Affidavit verifying its compliance with
Attachment number 3Page 96 of 113
Page 97 of 113
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered with
and is participating in a federal work authorization program [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, Georgia 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, Georgia may sell surplus supplies at the direction of the Administrator.
Augusta, Georgia may sell to, acquire from, or use any supplies belonging to
another public procurement unit independent of the requirements of Article 6
(Procurement Source Selection Methods and Contract Awards).
Sec. 1-10-98. Cooperative use of supplies or services.
Augusta, Georgia 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.
Attachment number 3Page 97 of 113
Page 98 of 113
Augusta, Georgia 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, Georgia 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, Georgia 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, Georgia.
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.
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
Attachment number 3Page 98 of 113
Page 99 of 113
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, Georgia contracts and contract clauses.
(a) Use of model (standard) contracts and clauses. The Procurement Director,
after consultation with the Augusta, Georgia Administrator, using agency
head, and Augusta, Georgia General Counsel, may establish standard
contract clauses for use in Augusta, Georgia 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, Georgia contracts. Whether designed as a model or
standard contract provision or specifically tailored for a particular contract,
all Augusta, Georgia contracts should include provisions for:
(1) The unilateral right of Augusta, Georgia to order in writing a
temporary stopping of the work, or delaying performance that does
not alter the scope, of the contract;
(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, Georgia;
Attachment number 3Page 99 of 113
Page 100 of 113
(8) Payment procedures;
(9) Hold harmless provisions;
(10) Prohibition against contingent fees;
(11) Suspension of work on a construction project ordered by Augusta,
Georgia;
(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;
(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, Georgia
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,
Georgia's ability to assume contractual obligations and the
consequences of Contractor's provision of goods or services to
Attachment number 3Page 100 of 113
Page 101 of 113
Augusta, Georgia under an unauthorized contract, amendment,
modification, change order or other similar document, including the
possibility that the Contractor may be precluded from recovering
payment for such unauthorized goods or services. Accordingly,
Contractor agrees that if it provides goods or services to Augusta,
Georgia under a contract that has not received proper legislative
authorization or if the Contractor provides goods or services to
Augusta, Georgia in excess of the any contractually authorized goods
or services, as required by Augusta, Georgia's Charter and Code,
Augusta, Georgia may withhold payment for any unauthorized goods
or services provided by Contractor. Contractor assumes all risk of
non-payment for the provision of any unauthorized goods or services
to Augusta, Georgia, and it waives all claims to payment or to other
remedies for the provision of any unauthorized goods or services to
Augusta, Georgia, however characterized, including, without
limitation, all remedies at law or equity." This acknowledgement shall
be a mandatory provision in all Augusta, Georgia contracts for goods
and services, except revenue producing contracts.
(17) Use of Augusta, Georgia Landfill. All contracts for contractors
performing demolition and/or construction projects for Augusta,
Georgia shall contain a provision requiring that all debris, trash and
rubble from the project be transported to and disposed of at the
Augusta, Georgia 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, Georgia for the physical performance of services shall be
required to execute an Affidavit verifying its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered
with and is participating in a federal work authorization program. All
contractors and subcontractors must provide their E-Verify number
and must be in compliance with the electronic verification of work
authorized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland
Attachment number 3Page 101 of 113
Page 102 of 113
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, Georgia the contractor
will secure from such subcontractor(s) HDFKVXEFRQWUDFWRU¶VE-Verify
number as evidence of verification of compliance with O.C.G.A. § 13-
10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08
or a substantially similar form. All contractors shall further agree to
maintain records of such compliance and provide a copy of each such
verification to Augusta, Georgia at the time the subcontractor(s) is
retained to perform such physical services.
(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, Georgia
(except those entered into pursuant to § 1-10-54) shall be subject to approval
by the Commission 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,
Georgia Administrator has been contractually or otherwise specifically
designated by the Commission for such purpose.
(b) 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, Georgia 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:
Attachment number 3Page 102 of 113
Page 103 of 113
(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 one-hundred thousand
dollars ($100,000).
(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.
(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, Georgia and
shall become binding on the parties upon the execution of the contract to
provide a performance bond satisfactory to Augusta, Georgia.
Attachment number 3Page 103 of 113
Page 104 of 113
(b) Payment bond satisfactory to Augusta, Georgia 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, Georgia General Counsel. Any person may request and
obtain from Augusta, Georgia 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
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, Georgia 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, Georgia 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, Georgia 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. 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, Georgia that:
Attachment number 3Page 104 of 113
Page 105 of 113
(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 costs in
accordance with generally accepted cost accounting principles.
Sec. 1-10-111. Contractual provisions for worksite inspections.
All contracts shall provide that Augusta, Georgia 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, Georgia.
Sec. 1-10-112. Contractual provisions for auditing records.
(a) Audit of costs or pricing data. All contracts shall provide that Augusta,
Georgia 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, Georgia 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
Attachment number 3Page 105 of 113
Page 106 of 113
DISADVANTAGED BUSINESS ENTERPRISES PROGRAM
FOR DEPARTMENT OF TRANSPORTATION, FEDERAL
TRANSPORTATION ADMINISTRATION AND
OTHER FEDERALLY ASSISTED CONTRACTS
Sec. 1-10-113. Purpose.
The purpose of this Disadvantaged Business Enterprises program is to comply with
U.S. Department of Transportation (DOT), Federal Transit Authority (FTA) and
other federal and state mandated DBE requirements for certain DOT, FTA, federal
and state assisted contracts as required by 49 C.F.R. Part 26, et. seq. and/or 49
C.F.R. Part 23.
Sec. 1-10-114. 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. Airport Concessionaire Disadvantaged Business Enterprises (ACDBEs)
means a concession that is a for-profit small business concern that is at least
fifty-one percent (51%) owned by one or more individuals who are both
socially and economically disadvantaged or, in the case of a corporation, in
which fifty-one percent (51%) of the stock is owned by one or more such
individual; and whose management and daily business operations are
controlled by one or more of the socially and economically disadvantaged
individuals who own it.
2. Department of Transportation (DOT) means the U.S. Department of
Transportation, including the Office of the Secretary, the Federal Highway
Administration (FHWA), the Federal Transit Administration (FTA) and the
Federal Aviation Administration (FAA).
3. Disadvantaged Business Enterprise (DBE) means a for-profit small
business concern that is at least fifty-one percent (51%) owned by one or
more individuals who are both socially and economically disadvantaged, or
in the case of a corporation, in which fifty-one percent (51%) of the stock is
owned by one or more such individuals; and whose management and daily
Attachment number 3Page 106 of 113
Page 107 of 113
business operations are controlled by one or more of the socially and
economically disadvantaged individuals who own it.
4. DOT assisted contract means any contract between a recipient and a
contractor (at any tier) funded in whole or in part with DOT financial
assistance, including letter of credit or loan guarantees, except a contract
solely for the purchase of land.
5. Good faith efforts means efforts to achieve a DBE goal or other
requirement which, by their scope, intensity, and appropriateness to the
objective, can reasonably be expected to fulfill the program requirement.
Sec. 1-10-115 Limitations.
This DBE program is only for DOT and FTA assisted contracts and other federal
or state funded contracts having mandatory DBE requirements.
Sec. 1-10-116. Policy statement.
Augusta, Georgia is committed to ensuring that all DBE requirements of federal
and state funded contracts will be implemented by Augusta, Georgia. The DBE
Liaison Officer is responsible for accomplishing the objectives of this program.
The objectives of this DBE program are:
(a) To ensure nondiscrimination in the award and administration of DOT, FTA
and other contracts covered by this program, including highway, transit, and
airport financial assistance programs in compliance with 49 CFR Part 21;
(b) To create a level playing field on which DBEs can compete fairly for DOT,
FTA and other contracts covered by this program;
(c) To ensure that the this DBE program is narrowly tailored in accordance with
applicable law;
(d) To ensure that only firms that fully meet this part's eligibility standards are
permitted to participate as DBEs;
(e) To help remove barriers to the participation of DBEs in DOT, FTA and
other contracts covered by this program;
Attachment number 3Page 107 of 113
Page 108 of 113
(f) To assist in the development of firms that can compete successfully in the
marketplace outside the DBE program; and
(g) To provide appropriate flexibility to recipients of Federal financial
assistance in establishing and providing opportunities for DBEs.
Sec. 1-10-117. DBE liaison officer.
The Chief Executive Officer concerning DBE Program matters for Augusta,
Georgia shall be the Mayor of Augusta, Georgia. Augusta shall have a DBE
Liaison Officer who shall have direct, independent access to the Mayor concerning
DBE Program matters. The DBE Liaison Officer shall have the following duties
and responsibilities:
(a) Gathering and reporting statistical data and other information as required by
DOT, FTA and other contracts covered by this program.
(b) Reviewing third party contracts and purchase requisitions for compliance with
this program.
Attachment number 3Page 108 of 113
Page 109 of 113
(c) Working with all departments to set overall annual goals or as required by
federal law.
(d) Ensuring that bid notices and requests for proposals are available to DBEs in a
timely manner.
(e) Identifying contracts and procurements so that DBE goals are included in
solicitations covered by this DBE Program.
(f) Analyzing Augusta, Georgia¶s progress toward attainment and identifying ways
to improve progress.
(g) Participating in pre-bid meetings.
(h) Advising the Commission on DBE matters and achievement.
(i) Providing DBEs with information and assistance in preparing bids, obtaining
bonding and insurance.
(j) Planning and participating in DBE training seminars.
(k) Certifying DBEs according to the criteria set by DOT and FTA and acting as
liaison to the Uniform Certification Process in Georgia.
(l) Providing outreach to DBEs and community organizations to advise them of
opportunities.
(m) Maintaining the DBE bidder¶s list for DOT, FTA and other contracts covered
by this program as provided in § 1-10-121.
(n) Ensuring that all aspects of this DBE Program are complied with by
participants and using agencies.
Sec. 1-10-118. DBE financial institutions.
For projects containing federal or state mandated DBE requirements, Augusta must
thoroughly investigate the full extent of services offered by financial institutions
owned and controlled by socially and economically disadvantaged individuals in
Augusta, Georgia and must make reasonable efforts to use these institutions and
encourage prime contractors to use these institutions.
Attachment number 3Page 109 of 113
Page 110 of 113
Sec. 1-10-119. Prompt payment mechanisms.
(a) For projects containing federal or state mandated DBE requirements, Augusta
will include a contract clause requiring prime contractors to pay subcontractors
for satisfactory performance for their contracts no later than thirty (30) days
from receipt of each payment made by Augusta to the prime contractor.
(b) Augusta will ensure prompt and full payment of retainage from the prime
FRQWUDFWRUWRWKHVXEFRQWUDFWRUZLWKLQWKLUW\ GD\VDIWHUWKHVXEFRQWUDFWRU¶V
work is satisfactorily completed by using one or more of the following
methods:
1. Declining to hold retainage from prime contractors and prohibiting prime
contractors from holding retainage from subcontractors.
2. Declining to hold retainage from prime contractors and requiring a
contract clause obligating prime contractors to make prompt and full
payment of any retainage kept by prime contractor to the subcontractor
within thirty (30) days after the subcontractor's work is satisfactorily
completed.
3. Holding retainage from prime contractors and providing for prompt and
regular incremental acceptances of portions of the prime contract, pay
retainage to prime contractors based on these acceptances, and require a
contract clause obligating the prime contractor to pay all retainage owed
to the subcontractor for satisfactory completion of the accepted work
within thirty (30) days after Augusta¶s payment to the prime contractor.
4. Requiring a contract clause that requires prime contractors to include in
their subcontracts language providing that prime contractors and
subcontractors will use appropriate alternative dispute resolution
mechanisms to resolve payment disputes.
5. Requiring a contract clause providing that the prime contractor will not
be reimbursed for work performed by subcontractors unless and until the
prime contractor ensures that the subcontractors are promptly paid for the
work they have performed.
Attachment number 3Page 110 of 113
Page 111 of 113
(c) Augusta, Georgia shall have the power and authority to enforce all of the
provisions of this subsection and may implement suspension and debarment for
non-compliance as provided in Article 8.
Sec. 1-10-120. Wage requirements for federally funded projects.
Wage requirements. 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. 1-10-121. DBE ELGGHU¶VOLVWIRU'27DQG)7$DVVLVWHGFRQWUDFWV.
(a) The DBE Liaison Officer will maintain a bidders list, consisting of information
about all DBE and non-DBE firms that bid or quote on DOT or FTA assisted
contracts. The purpose of this requirement is to allow use of the ELGGHU¶V list
approach to calculating overall goals. The bidder list will include the name,
address, DBE/non-DBE status, age, and annual gross receipts of firms and the
types of work each firm has been certified to perform as a DBE. The DBE
Liaison Officer shall revise the bidder¶s list at least annually and make updated
information available to contractors and the public.
(b) The DBE Liaison Officer may collect this information in the following ways:
(1) Including a contract clause in all DOT and FTA assisted contracts requiring
prime bidders to report the name, address, DBE/non-DBE status and gross
receipts of all firms who quote to them on subcontracts.
(2) Submitting surveys of a statistically sound sample of firms in the Augusta,
Georgia regional area.
(3) Including a notice in solicitations and on the Augusta, Georgia website
requesting that firms quoting on subcontracts submit their name, address,
DBE/non-DBE status and gross receipts directly to the DBE Liaison Officer.
Sec. 1-10-122. Overconcentration of DBE firms in certain types of work.
(a) The DBE Liaison Officer shall annually review the availability of DBE and
non-DBE firms in the different types of work which Augusta utilizes and make
Attachment number 3Page 111 of 113
Page 112 of 113
a preliminary determination as to whether DBE firms may be so
overconcentrated in a certain type of work as to unduly burden the opportunity
of non±DBE firms to participate in one or more types of work. Any
preliminary determination by the DBE Liaison Officer shall be submitted to the
concerned DOT or FTA operating administration for a final determination of
overconcentration.
(b) Subject to approval required in subsection (c) below, when an
overconcentration of DBE firms in a certain type of work is determined to exist,
the DBE Liaison Officer may provide: technical assistance, business
development programs, mentor-protégé programs, and other appropriate
measures designed to assist DBEs in performing work outside of the specific
field in which there is an overconcentration of DBE firms.
(c) Before implementing any of the measures provided in subsection (b) above, the
DBE Liaison Officer shall obtain the approval of the concerned DOT or FTA
operating administration.
Sec. 1-10-123. Compliance with DBE Program requirements.
(a) All prime contractors and subcontractors choosing to participate in a project
subject to this DBE Program must comply with all parts of this program as well
as all federal, state and local law applicable to such projects.
(b) The DBE Liaison Officer shall, for every project subject to this DBE Program,
keep and maintain a running tally of actual DBE attainments (e.g., payments
actually made to DBE firms), including a means of comparing these attainments
to commitments. In reports of DBE participation to the Department, the DBE
Liaison Officer shall display both commitments and attainments.
(c) Augusta, Georgia shall not exclude any person from participation in, deny any
person the benefits of, or otherwise discriminate against anyone in connection
with the award and performance of any solicitation, bid or contract on the basis
of race, color, sex, or national origin.
(d) The DBE Liaison Officer is responsible for submitting DOT form 4630 to the
FTA and FHWA on a quarterly basis and to the FAA as required by 49 C.F.R.
Part 26 or 49 C.F.R. Part 23.
Attachment number 3Page 112 of 113
Page 113 of 113
Sec. 1-10-124. DBE Program overall goals.
(a) The DBE Liaison Officer shall establish an annual overall goal for this program
in accordance with 49 C.F.R. Part 26 and shall annually submit such goal to
FHWA, FTA or FAA as appropriate. Neither quotas nor set-asides for DBEs
are permitted in this program. Augusta, Georgia may only use the means
authorized by 49 C.F.R. Part 26.51 to meet overall goals.
(b) For ACDBE projects the DBE Liaison Officer shall establish goals in
compliance with 49 C.F.R. Part 23.21, et. seq.
Sec. 1-10-125. 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. 1-10-125 through Sec. 1-10-999. Reserved.
Attachment number 3Page 113 of 113
Commission Meeting Agenda
11/16/2010 5:00 PM
Proposal to Amend Augusta, Georgia Charter, Section 1-40, Relating to Separating Function of EEO from Minority
and Local Small Business, and for Other Purposes.
Department:Administrator
Caption:An Ordinance to present proposal to amend the Augusta, Georgia Charter
and Laws of Local Application, Section 1-40 relating to equal
opportunity; to separate the function of Equal Employment Opportunity
from Minority and Small Business Opportunities; to provide policies and
guidelines; to create a Local Small Business Advisory Board; to repeal all
Charter, Code Sections and Ordinances and parts of Charter, Code Sections
and Ordinances in conflict herewith; to provide an effective date and for
other purposes. (No recommendation from Administrative Services
Committee November 8, 2010)
Background:See attached.
Analysis:See attached.
Financial Impact:None.
Alternatives:Decline to consider amendment to the Charter at this time.
Recommendation:Adopt proposal to amend the Charter.
Funds are Available in
the Following
Accounts:
N/A.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 28
ORDINANCE NO. ___________
AN ORDINANCE TO PRESENT PROPOSAL TO AMEND THE
AUGUSTA, GEORGIA CHARTER AND LAWS OF LOCAL
APPLICATION, SECTION 1-40 RELATING TO EQUAL OPPORTUNITY;
TO SEPARATE THE FUNCTION OF EQUAL EMPLOYMENT
OPPORTUNITY FROM MINORITY AND SMALL BUSINESS
OPPORTUNITIES; TO PROVIDE POLICIES AND GUIDELINES; TO
CREATE A LOCAL SMALL BUSINESS ADVISORY BOARD; TO
REPEAL ALL CHARTER, CODE SECTIONS AND ORDINANCES AND
PARTS OF CHARTER, CODE SECTIONS AND ORDINANCES IN
CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND
FOR OTHER PURPOSES.
WHEREAS, Augusta, Georgia seeks to separate the functions of Equal
Employment Opportunity, Disadvantaged Business Enterprise and Local Small
Business and seeks to provide policies and guidelines for these functions; and
WHEREAS, Augusta, Georgia seeks to create a Local Small Business
Advisory Board and to modify the Charter to reflect changes in the manner in
which services and functions are provided;
NOW BE IT THEREFORE ORDAINED as follows:
CHARTER AND LAWS OF LOCAL APPLICATION. An ordinance to amend
Augusta, Georgia Charter and Laws of Local Application, Chapter 1, Article 5,
Sections 1-40FDOOHG³(TXDOOSSRUWXQLW\´, as set forth in the Augusta, Georgia,
Charter, re-adopted July 10, 2007, is hereby presented. The ordinance is to amend
the Charter by striking Section 1-40 in LWVHQWLUHW\DVVHWIRUWKLQ³([KLELW$´KHUHWR
and inserting in lieu thereof a new Section 1-4 FDOOHG ³Equal Employment
Opportunity, Local Small Business Program and Disadvantaged Business
Enterprise Program for the Department of Transportation, Federal Transportation
Administration and Other Federally Assisted Contracts´DVVHWIRUWKLQ³([KLELW%´
hereto.
SECTION 2. This ordinance shall become effective upon its adoption in
accordance with applicable laws. Once this ordinance is read into the minutes by
the Commission, a notice containing a synopsis of the proposed Charter
amendment shall be published in the Augusta Chronicle once a week for three
weeks. Following the final week of publication, the Charter amendment shall be
placed on the Commission agenda for final approval. The Charter amendment will
be effective following the second reading of the final approval.
Attachment number 1
Page 1 of 7
Item # 28
SECTION 3. All code provisions, ordinances or parts of ordinances in conflict
herewith are to be repealed upon the final approval of this Charter amendment.
Adopted this ______ day of _________________, 2010.
______________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1
Page 2 of 7
Item # 28
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that
the foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on ______________________, 2010 and that such Ordinance has not been
modified or rescinded as of the date hereof and the undersigned further certifies
that attached hereto is a true copy of the Ordinance which was approved and
adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
Attachment number 1
Page 3 of 7
Item # 28
EXHIBIT A
STRIKE:
Sec. 1-40. Equal opportunity.
(a) The government of Augusta-Richmond County shall encourage the
meaningful involvement in its operations of all citizens of Augusta-Richmond
County, particularly those who are members of minority or other traditionally
disadvantaged groups, as appointees, employees, and independent contractors. The
Commission shall afford equal opportunities for employment and promotion to all
persons regardless of race, sex, religion, gender, creed, color, or national origin.
(b) It is the policy of the Augusta-Richmond County government to ensure the
equitable participation of all minorities, including African-Americans, women, and
small businesses in providing goods and services to the city-county government.
The goal of this section is to increase the use of such minorities and small
businesses to a level comparable with their availability. This participation goal
shall be used as a guideline to the Commission and shall not be construed as a
ceiling or quota.
(c) In furtherance of the policies stated in subsections (a) and (b) of this section,
the Commission shall employ a person to serve as equal employment opportunity
director and as director of minority and small business opportunities. The director
shall develop and, subject to the approval of the Commission, implement such
policies, procedures, and guidelines as the director deems necessary or appropriate
to ensure equal employment opportunities for all citizens. The director, subject to
the approval of the Commission, shall propose and implement such policies,
procedures, and guidelines as are necessary and appropriate to ensure equal
opportunities for all businesses and citizens in contracting with the Commission
and all departments, agencies, authorities, and other entities of local government
and to encourage the development of minority and small businesses within
Richmond County. In addition, said director shall have such other powers and
duties as may from time to time be afforded by action of the Commission.
(d) The Commission shall establish' a citizens advisory council for minority
employment and small business opportunities to advise the Commission and
director of matters pertaining to this section, and to meet with minorities and small
businesses to review the problems of minority and small business opportunities.
Attachment number 1
Page 4 of 7
Item # 28
(1995 Ga. Laws, p. 3648; 1996 Ga. Laws, p. 3607; 1997 Ga. Laws, p. 4024; 1997
Ga. Laws, p. 4690)
Attachment number 1
Page 5 of 7
Item # 28
EXHIBIT B
REPLACE WITH:
Sec. 1-40. Equal Employment Opportunity, Local Small Business Program
and Disadvantaged Business Enterprise Program for the Department of
Transportation, Federal Transportation Administration and Other Federally
Assisted Contracts.
(a) The government of Augusta, Georgia shall implement and follow
employment practices that treat all persons fairly regardless of race, sex, religion,
gender, creed, color, national origin, disability, genetics or protected age
classification. It is the policy of the Augusta, Georgia government to provide equal
employment opportunities to all minorities and women.
(b) Subject to the limitations of federal and state law, the government of
Augusta, Georgia shall implement and follow procurement practices that treat all
persons fairly regardless of race, sex, religion, gender, creed, color, national origin,
disability, genetics or protected age classification. It is the policy of the Augusta,
Georgia government to provide equal opportunities for participation to all
minorities, women, and small businesses in providing goods and services to the
government.
(c) In furtherance of the policy stated in subsection (a), the Commission shall
employ a person to serve as Equal Employment Opportunity Director (EEO
Director). The EEO Director shall develop and, subject to the approval of the
Commission, implement such policies, procedures, and guidelines as necessary or
appropriate to ensure equal employment opportunities for Augusta, Georgia. The
EEO Director shall report to the Mayor and Commission.
(d) In furtherance of the policy stated in subsection (b), the Commission shall
develop and implement a Local Small Business Opportunities Program (LSBOP).
The LSBOP shall be operated by the Procurement Director. The Procurement
Director shall develop and, subject to the approval of the Commission, implement
such policies, procedures, and guidelines as necessary or appropriate to provide
opportunities for local small businesses in providing goods and services to the
government.
(e 7KH&RPPLVVLRQVKDOOHVWDEOLVKD&LWL]HQV¶6PDOO%XVLQHVV Advisory Board
(CSBAB) to advise the Commission and the Procurement Director of matters
pertaining to the LSBOP.
Attachment number 1
Page 6 of 7
Item # 28
(f) In accordance with federal and state regulations the Commission shall
develop and implement a Disadvantaged Business Enterprises (DBE) Program for
U.S. Department of Transportation (DOT) assisted contracts, Federal
Transportation Aviation (FTA) assisted contracts and other federally assisted
contracts having DBE requirements. The DBE Program must comply with DOT
and FTA mandated DBE requirements for certain DOT and FTA assisted contracts
as required by 49 C.F.R. Part 26 and 49 C.F.R. Part 23.
(g) The DBE Program shall be operated by a DBE Liaison who shall report to
the Mayor and Commission and have direct, independent access to the Mayor
concerning DBE Program matters.
Attachment number 1
Page 7 of 7
Item # 28
Commission Meeting Agenda
11/16/2010 5:00 PM
Approve Fiber Cabling for Judicial Center and Coroner's Office
Department:Information Technology
Caption:Motion to approve the installation of fiber optic cabling to provide network
and telecommunications services to the Judicial Center located at 735 James
Brown Blvd, as well as a redundant connection to the Coroner's Office
located at 921 8th St. (Approved by Public Safety Committee November
8, 2010)
Background:The Judicial Center is under construction as a new building and requires
high-speed connectivity to the City of Augusta network. This connectivity
is required in order to support desktop computer and telecommunication
services. Fiber optic communication is the most cost-effective and secure
means to achieve this level of service capacity.
Analysis:Under Section 1-10-46 of the Procurement Code, Authority to Contract for
Special Services, IT submitted a form letter to five known contractors that
have responded or expressed interest in providing fiber installs for the city.
Of the five contractors contacted two responded with quotes. After
reviewing the quotes for completeness and making sure they meet IT
requirements, IT selected the lowest quote, which was provided by
Southeast Utilities of Georgia, Inc.
Financial Impact:The total estimated cost to provide fiber optic connectivity to 735 James
Brown Blvd is $114,326. Funds for this connectivity are available in the
Judicial SPLOST project. To provide redundant fiber connectivity to the
Coroner's Office, the IT Department will be utilizing $29,129 in funding
available in the Infrastructure Upgrade SPLOST V project.
Alternatives:There are no viable alternatives that provide the required speed, security and
redundancy.
Recommendation:Approve the installation of this fiber project in order to ensure that high-
speed connectivity is available to the new Judicial Center.
Funds are Available in
the Following
Accounts:
2092511045232119/3250511205232119 (Judicial Center SPLOST Funds)
2109250055232119/3251221105232119 (IT Infrastructure Upgrade
SPLOST V Funds)
REVIEWED AND APPROVED BY:
Cover Memo
Item # 29
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 29
Commission Meeting Agenda
11/16/2010 5:00 PM
Award Inmate Medical Contract to CCS
Department:Richmond County Sheriffs Office
Caption:Motion to award the Inmate Medical Contract for the Richmond County
Sheriff's Office to Correct Care Solutions at a cost of $4,338,000 per year
for a five-year period. (Approved by Public Safety Committee November
8, 2010)
Background:Since pre-consolidation, the Richmond County Jail has had a medical
contract for inmates. The increase in inmates, medical cost and the need for
psyciatric care predetermined the need. Over this period of time, several
vendors have been awarded the contract. Over the past decade, the physical
and mental make up of inmates have changed. As of late, 33% of the inmate
population are on psychotrophic drugs. This alone is responsible for an
increase in needs. The RFP that was put out for bid, addressed these
changes. On October19, 2010, Major Gene Johnson, (RCSO) Warden
Robert Leverett,(RCCI) Mary Ann Gibbs, (RCSO) Nancy Williams, and
Phyllis Mills with Procurement met, discussed, and rated the five vendors
that had submitted bids. Discussions included, inmate medical cost per day,
staffing and benefits, litigation, experience in jails and prisions, as well as
the number of contracts that had not been renewed. All in attendance ranked
Correct Care Solutions as the most qualified in all areas.
Analysis:The annual operating budget of the Richmond County Sheriff's Office
includes adequate funding for the inmate medical contract each year.
Financial Impact:None
Alternatives:The Richmond County Sheriff's Office recommends that the Inmate Medical
contract be awarded to Correct Care Solutions for $4,338,000 a year. The
contract itself will be a for a 5 year period.
Recommendation:Funds are available in 2730325105317711 and 2730325115317711 in the
2011 budget.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 30
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 30
REQUEST FOR PROPOSALS
Request for Proposals will be received at this office until Tuesday, October 5, 2010 @ 11:00 A.M. for
furnishing:
RFP Item #11-003 Inmate Medical Services for Sheriff’s Office and RCCI
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Proposal Conference will be
held on Tuesday, September 21, 2010 @ 10:00 a.m. in the Procurement Department – Room
605. Mandatory site visit to follow. All questions must be submitted in writing to the office of
the Procurement Department by Thursday, September 23, 2010 @ 5:00 P.M. by fax at 706-821-
2811 or by mail. No RFP 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 RFP 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 RFP number on the outside of the envelope.
Bidders are cautioned that sequestration of RFP documents through any source other than the office
of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized
sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to
base his qualifications.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not
operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has
entered an Order enjoining the Race-Based portion of Augusta’s DBE Program. Instead
Augusta operates a Local Small Business Opportunity Program. However, for various projects
utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or
DBE goals set by the Federal and/or State Agencies in accordance with State and Federal
laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle August 26, September 2, 9, 16, 2010
Metro Courier September 1, 2010
cc: Tameka Allen Interim Deputy Administrator
Ronnie Strength Sheriff’s Office
Robert Leverett RCCI
Attachment number 1
Page 1 of 1
Item # 30
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Attachment number 2
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Item # 30
Attachment number 4
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Attachment number 4
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Attachment number 5
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Evaluation Criteria
PTS
CMS
12647 Olive Blvd.
St. Louis, MO
63141
Correct Care
Solutions
3343 Perimeter Hill
Dr Ste 300
Nashville TN 37211
Correct Health TH
9020 Peridot Pkwy
Stockbridge GA
30281
First IMEX Cord
1840 Wrightsboro
Rd.
Augusta GA 30904
NaphCare
950 22nd Street
North Ste 825
Birmingham AL
35203
1. Quality of Similar Work:
Consider previous experience and references listed
in the proposal. Is the firm experienced in
providing services similar to that requested in the
RFP?
20 14.8 18.8 8.8 5.0 13.8
2. Firm Personnel:
Consider comparable experience and background of
the specific personnel that shall be assigned to the
&RXQW¶VSURMHFW V DVRXWOLQHGLQWKHSURSRVDO$OVR
consider the specific involvement of those persons
in projects noted in the proposal.
15 10.0 13.8 9.5 2.5 11.0
3. Overall Responsiveness to the RFP:
Consider whether all requested information was
furnished by the firm in the format required by
RFP.
15 15.0 15.0 15.0 8.8 15.0
4. Applicable Resources:
Evaluate the extent of applicable resources
DYDLODEOHWRWKHILUPWRFRPSOHWHWKH&RXQW\¶V
project(s) as listed in the proposal.
10 6.3 10.0 7.5 3.8 9.0
E. Project Approach:
(YDOXDWHWKHILUP¶VSURMHFWDSSURDFKDQG
understanding of the Scope of Services required in
the RFP as evidenced by their proposal
35 22.5 31.3 25.0 5.0 27.5
3UR[LPLW\WR$XJXVWD±
Within Augusta Richmond County - 5 pts
Within the CSRA - 4 pts
Within Georgia - 3 pts
Within SE United States - 2 pts
(includes AL, TN, NC, SC, FL)
All Others - 1 pt
5 2.8 2.8 3.3 5.0 2.3
Total 100 71.3 91.5 69.0 30.0 78.5
Cumulative Evaluations Sheet RFP Item #11-003
Inmate Medical Services
for the City of Augusta - Sheriff's Office
Comments:
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Attachment number 8
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Commission Meeting Agenda
11/16/2010 5:00 PM
Workers' Compensation Claims Fund
Department:Finance/Risk Management Division
Caption:Motion to approve the transfer of funds to cover Worker's Compensation
claims expenses through the end of 2010 in the amount of $275,000.
(Approved by Finance Committee November 8, 2010)
Background:Over the past several years attempts have been made to avoid requesting an
increase in the worker's compensation claims budget. All available
resources for reducing cost have been in place, i.e. bill review, use of
generic drugs, returning employees to modified duty, etc. With the cost of
medical expenses on the rise, the September payment for claims
has depleted the claims budget for 2010. While the number of claims has
declined, the average cost per claim has risen. Figures from the claims
database show through 10/15 of each year there has been a slight decrease in
the total number of claims reported, 286 for 2010 and 296 for 2009;
medical claims 231 in 2010 and 241 in 2009; lost time claims 35 in 2010
and 52 in 2009.
Analysis:
Financial Impact:Estimated amount of funding necessary to finish out 2010 calander year is
$275,000.
Alternatives:No alternative, mandated program, claims must be paid.
Recommendation:Approve requested transfer of funds in order to pay worker's compensation
claims for the remainder of 2010.
Funds are Available in
the Following
Accounts:
In order of use: 621-01-5231 WC Adm $ 80,000 621-01-5233 WC Excess $
10,000 611-01-5210 RMgt Adm Prof Services $ 23,000 621000000
1336110 Fund Balance $162,000
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 31
Commission Meeting Agenda
11/16/2010 5:00 PM
Acquisition of Right-of-Way
Department:Law
Caption:Motion to approve an option for the purposes of acquiring a Right-of-Way between
Prayon, Inc., as owner, and Augusta, Georgia, as optionee, in connection with the
Marvin Griffin Road Improvement Project, conveyed in fee simple, consisting of
(9,291 sq. ft.) more or less, and (150 sq. ft) of permanent easement, more or less;
and (5,171 sq. ft.) of temporary construction easement from the property located at:
1610 Marvin Griffin Road, private, at the purchase price of $24,500.00. (Approved
by Engineering Services Committee November 8, 2010)
Background:The property owner has agreed to convey a certain option for easement to Augusta,
Georgia, for the Marvin Griffin Road Improvement Project. Attached hereto is an
executed option with a counter offer for Prayon, Inc., Project Parcel 29 (Tax map
134, Parcel 8), of the marvin Griffin Road Improvement Project. The property
owner counter offered an amount of money to pay for the cost of relocating two
signs. The cost is in line with the cost estimates that we had done by Finuf Sign
Company; therefore, the Engineering Division feels that it is te best interest of the
City to accept this counter offer.
Analysis:The purchase of the referenced property is necessary for the project.
Financial Impact:The costs necessary for this purchase will be covered under the project budget.
Alternatives:Deny the Motion
Recommendation:Approve the Motion
Funds are Available in the
Following Accounts:323041110-5212122 296823603-5212122
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 32
Item # 32
Item # 32
Commission Meeting Agenda
11/16/2010 5:00 PM
Approve the Demolition of Dilapidated structures on Landfill Property
Department:Solid Waste
Caption:Motion to approve the demolition of dilapidated structures on Landfill
property. (Approved by Engineering Services Committee November 8,
2010)
Background:Years ago the Solid Waste Department acquired several parcels of property
adjoining the Landfill. Each of the parcels contained a structure of some
sort. Over the past several years the structures have been pillaged and
stripped, and are dilapidated. Included in this demolition will also be our old
office building and shop structure near the entrance to the Landfill as they
are not structurally sound enough to be relocated. We vacated these
buildings this past March when we moved into our new Maintenance
building.
Analysis:We are proposing the demolition of the structures using our own equipment
and resources at no third-party cost to the County. The property has become
an eyesore and could pose safety concerns if left in its current state.
Financial Impact:N/A
Alternatives:1. Approve the demolition of dilapidated structures. 2. Do not approve.
Recommendation:Approve the demolition of dilapidated structures.
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 33
Attachment number 1
Page 1 of 2
Item # 33
Attachment number 1
Page 2 of 2
Item # 33
Commission Meeting Agenda
11/16/2010 5:00 PM
Approve the purchase of (2) John Deere 333D Track Loaders with attachments off Georgia State Contract
SWC080773.
Department:Solid Waste
Caption:Motion to approve the purchase of (2) John Deere 333D Track Loaders
with attachments off Georgia State Contract SWC080773. (Approved by
Engineering Services Committee November 8, 2010)
Background:The Solid Waste Department does not currently own a track loader. We
have Solid Waste collection programs that will benefit greatly from the use
of this machine.
Analysis:We are proposing the purchase of these machines as a supplement to our
current equipment, and to enhance our current Solid Waste collections
programs. This machine, with attachments, will also afford us a great deal of
versatility in the types of tasks it can allow us to accomplish in our day-to-
day operations. The cost of this machine, with attachments, is $ 90,372.11
Financial Impact:Adequate funds are available. The department recommends transferring
funds from 542-04-4110/5111110 to 542-04-4110/5422510
Alternatives:1. Approve the purchase of (2) John Deere 333D Track Loaders off the
Georgia State Contract SWC080773. 2. Do not approve the purchase.
Recommendation:Approve the purchase of (2) John Deere 333D Track Loaders off the
Georgia State Contract SWC080773.
Funds are Available in
the Following
Accounts:
Adequate funds are available. The department recommends transferring
funds from 542-04-4110/5111110 to 542-04-4110/5422510
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission Cover Memo
Item # 34
Attachment number 1
Page 1 of 3
Item # 34
Attachment number 1
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Item # 34
Attachment number 1
Page 3 of 3
Item # 34
Commission Meeting Agenda
11/16/2010 5:00 PM
Approve the purchase of (3) Live Floor Trailers from Travis Body & Trailer, Inc.
Department:Solid Waste
Caption:Motion to approve the purchase of (3) Live Floor Trailers from Travis Body &
Trailer, Inc. (Approved by Engineering Services Committee November 8,
2010)
Background:The Solid Waste Department currently hauls all recyclables collected to Atlanta
and Columbia. The operation currently uses trailers that were intended to be at
the courtesy drop off area. Our recycling program has grown to a point where it
requires 2-3 trailers on a full time basis.
Analysis:We are proposing the purchase of these trailers in order to operate more
efficiently in our recycling program as well as to facilitate other programs. By
purchasing the same brand and specs as we have previously, it allows Augusta
Solid Waste to continue to establish a fleet of trucks and trailers that are all the
same and therefore lowering the long-term maintenance costs. Therefore, we
recommend utilizing sole source procurement in an effort to keep all our assets
of a like nature. The combined cost for three trailers is $196,650.
Financial Impact:Adequate funds are available. The department recommends transferring funds
from 542-04-4110/5111110 to 542-04-4110/5421110.
Alternatives:1. Approve the purchase of (3) Live Floor Trailers. 2. Do not approve the
purchase.
Recommendation:Approve the purchase of (3) Live Floor Trailers.
Funds are Available in
the Following Accounts:
Adequate funds are available. The department recommends transferring funds
from 542-04-4110/5111110 to 542-04-4110/5421110.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 35
Attachment number 1
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Item # 35
Attachment number 1
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Item # 35
Attachment number 2
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Item # 35
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Item # 35
Commission Meeting Agenda
11/16/2010 5:00 PM
Augusta Area-Wide National Pollutant Discharge Elimination System (NPDES) - Stormwater Discharges Permit
(Permit #GAS000200
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve the adoption of Augusta, Georgia NPDES Municipal
Separate Storm Sewer System (MS4) Stormwater Management Program
(SWMP)-2010 SWMP modification as requested by AED. (Approved by
Engineering Services Committee November 8, 2010)
Background:Area-wide NPDES MS4 permit was issued to Augusta, Georgia in the early
1900’s in incompliance to Federal Phase 1 Stormwater Management
Regulations. This permit is on a five-year cycle and is now in its 4th cycle.
The permit was recently renewed in 2010. During the past years, Federal
and State Stormwater Management requirements have changed; Augusta
was notified by these agencies to modify its current SWMP to show
compliance with recent changes in guidance and applicable rules and
regulations. The two key changes are I) qualitative assessment to
quantitative assessment, and II) complete inventory of storm conveyance
system that include storm pipes, structures, open ditches, detention ponds,
etc. This modified updated SWMP submittal to Georgia Environmental
Protection Division (EPD) is due by December 1, 2010.
Analysis:The adoption of Augusta SWMP is a federal and state mandate. AED is
responsible for both the management and compliance of Augusta Area-Wide
NPDES MS4 permit. A significant number of Augusta’s Departments have
a responsibility to perform specific activities that are components of
Augusta SWMP. Key components of Augusta SWMP are: stormwater
infrastructure (outfall, pipes, ponds, catch basins, etc) inspections
(20%/year), local industrial facilities inspection (20%/year), Augusta
facilities inspections (20%/year), public outreach and education; post-
construction stormwater management, and local streams water quality
assessment and improvements.
Financial Impact:Developing the required stormwater conveyance system inventory and
ensuring proper functionality will require a dedicated funding mechanism.
AED will present its recommendations to the Commission at a later date.
Alternatives:1) Approve the adoption of Augusta, Georgia NPDES Municipal Separate
Storm Sewer System (MS4) Stormwater Management Program (SWMP)-
2010 SWMP modification as requested by AED. 2) Do not approve and face
possible enforcement action under NPDES MS4 compliance by the State
and Federal agencies. Cover Memo
Item # 36
Recommendation:Approve Alternative Number One.
Funds are Available in
the Following
Accounts:
There is no funding associated with this agenda
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 36
Commission Meeting Agenda
11/16/2010 5:00 PM
CSX Letter of Agreement for Gordon Highway Easement GA-245-1036972
Department:Augusta Utilities Department
Caption:Motion to approve CSX Letter of Agreement for Gordon Highway
Easement GA-245-1036972. (Approved by Engineering Services
Committee November 8, 2010)
Background:The Augusta Utilities Department is in the process of obtaining easements
for the Gordon Highway 24" Water Main. One of the easements is on
property belonging to CSX Transportation. CSX Real Property has
submitted this Letter of Agreement stating the terms of the easement deed.
If these terms are agreed, an easement deed will be prepared and forwarded
to AUD.
Analysis:The terms set forth in the Letter of Agreement are the normal and usual
terms contained in an easement deed with the railroad. The consideration is
that which was derived by AUD's appraiser.
Financial Impact:$1,126.00
Alternatives:Deny the motion to approve a CSX Letter of Agreement for Gordon
Highway Easement GA-245-1036972.
Recommendation:Approve the motion to approve a CSX Letter of Agreement for Gordon
Highway Easement GA-245-1036972.
Funds are Available in
the Following
Accounts:
510043410-5411120 80310153-5411120
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 37
Attachment number 1
Page 1 of 2
Item # 37
Attachment number 1
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Item # 37
Attachment number 2
Page 1 of 1
Item # 37
Commission Meeting Agenda
11/16/2010 5:00 PM
Judicial Center AV Change Order
Department:Public Services Department - Facilities Management Division
Caption:Motion to approve a Change Order in the amount of $46,766.60 to
Technical Service Audio Visual (TSAV) for providing the Digital
Recording Systems for the Hearing Rooms for the New Judicial Center.
Total amount of TSAV audio-visual contract including this request will be
$870,766.60 (Approved by Engineering Services Committee November
8, 2010)
Background:Previously a contract in the amount of $824,000.00 was approved for TSAV
for Bid item #10-082; Audio Visual for the new ARC Judicial Center.
Analysis:Early in the design process it was thought that a Digital Recording Systems
would not be required in the Hearing Rooms. Subsequent to that, this
position was reconsidered and a decision was made by the court that the
Digital Recording Systems needed to be provided in the Hearing Rooms.
Financial Impact:The proposed contract amount along with these additional costs is less that
the amount allowed for the audio-visual in the total project budget for the
Judicial Center to accomplish this work. Total amount of TSAV audio-
visual contract including this request will be $870,766.60
Alternatives:Approve a Change Order in the amount of $46,766.60 to Technical Service
Audio Visual (TSAV) for providing the Digital Recording 1. Systems for
the Hearing Rooms for the New Judicial Center. Total amount of TSAV
audio-visual contract including this request will be $870,766.60 2. Do not
approve
Recommendation:Approve a Change Order in the amount of $46,766.60 to Technical Service
Audio Visual (TSAV) for providing the Digital Recording Systems for the
Hearing Rooms for the New Judicial Center. Total amount of TSAV audio-
visual contract including this request will be $870,766.60
Funds are Available in
the Following
Accounts:
SPLOST
REVIEWED AND APPROVED BY:Cover Memo
Item # 38
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 38
Estimate
Date
10/27/2010
Estimate #
0610-162
Bill To: Name / Address
Augusta-Richmond County
Room 105, Accounting Dept
City Council Municipal Bldg 11Augusta, GA 30901-4443
P.O. Number Terms
Net 30
Due Date
11/26/2010
Rep
MHK
In accordance with the applicable agreement of the parties, Products are sold to the client on open account, Client must pay to the Company the fullamount of the purchase price of the Products and services, net of any specified discount for early payment, upon the due date specified in the
Company's invoice. All open accounts unpaid beyond the due date of the invoice will bear a late fee of $10 or 1.5% of the outstanding balance,whichever is greater. If, under applicable state law, such charge is usury or otherwise unlawful, then the rate of interest shall be the maximum legal
charge allowable in such state. These prices are valid for a period of 30 days from the estimate date. All prices are estimates. No work will beginwithout a written purchase order or contract stipulating final pricing.
Total
775 Barber Street
Athens, GA 30601706-613-8759 Fax 706-243-4940
www.tsav.com
Item DescriptionQty Price Each Total
DCR BIS-Digital Recording Systems8 5,245.825 41,966.60TECH LABOR TSAV-Technician Labor and Materials to install DigitalRecording System, per room.8 600.00 4,800.00
$46,766.60
Attachment number 1
Page 1 of 1
Item # 38
Commission Meeting Agenda
11/16/2010 5:00 PM
Judicial Center CO - Furniture
Department:Public Services Department - Facilities Management Division
Caption:Motion to approve Change Order in amount of $47,413.13 to Weinberger
Business Interiors for additions and modifications to the furniture schedule
from bid # 10-084A for the Augusta Judicial Center and John H. Ruffin, Jr.
Courthouse. (Approved by Engineering Services Committee November
8, 2010)
Background:Previously a contract in the amount of $1,602,193.46 was awarded to
Weinberger’s Business Interiors for Bid item #10-084A; Furniture for the
new ARC Judicial Center. Subsequent to the award of that contract,
additions and modifications were made to the furniture schedule as follows:
Additional office’s were added in the Solicitor space. Changed cash
drawers in millwork. Changes to Court Reporter’s Office to provide
Evidence Storage. Deleted loose chairs since fixed ones are being provided.
Added workstations that were not in the original schedule. Modifications to
workstations in the Superior Court Clerk, Superior Civil, Civil Magistrate,
District Attorney, and Solicitor.
Analysis:During the furniture kick-off meeting the changes were identified and
Weinberger’s Business Interiors submitted a proposal for the additions and
modifications identified above, The proposal was reviewed by the Designer
(RJS Designs) and Heery and the proposal was determined to be reasonable
and the unit prices in the original contract were used to calculate the
increase in the costs. Furniture changes are noted in accompanying award
breakdown paperwork with explanations.
Financial Impact:The proposed contract amount along with theses additional costs is less that
the amount allowed for the furniture in the total project budget for the
Judicial Center to accomplish this work. Total amount of Weinberger's FFE
contract including this request will be $1,649,606.59
Alternatives:1. Approve Change Order in amount of $47,413.13 to Weinberger Business
Interiors for additions and modifications to the furniture schedule from bid #
10-084A for the Augusta Judicial Center and John H. Ruffin, Jr.
Courthouse. 2. Do not approve
Recommendation:Approve Change Order in amount of $47,413.13 to Weinberger Business
Interiors for additions and modifications to the furniture schedule from bid #
10-084A for the Augusta Judicial Center and John H. Ruffin, Jr. Courthouse
Funds are Available in
Cover Memo
Item # 39
the Following
Accounts:FUNDS ARE AVAILABLE IN ACCOUNT: GL –325-05-1120 / 54-23110
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 39
Attachment number 1
Page 1 of 6
Item # 39
Attachment number 1
Page 2 of 6
Item # 39
Attachment number 1
Page 3 of 6
Item # 39
Attachment number 1
Page 4 of 6
Item # 39
Attachment number 1
Page 5 of 6
Item # 39
Net Difference = $47,413.13
Attachment number 1
Page 6 of 6
Item # 39
Commission Meeting Agenda
11/16/2010 5:00 PM
Motion to approve an Option for the purposes of acquiring a Right-of-Way between Kellogg Company, f/k/a Keebler
Company
Department:Law Department
Caption:Motion to approve an Option for the purposes of acquiring a Right-of-Way
between Kellogg Company, f/k/a Keebler Company, as owner, and
Augusta, Georgia, as optionee, in connection with the Marvin Griffin Road
Improvement Project (610 sq. ft.) in fee of permanent drainage and
utility easement from property located at 1530 Marvin Griffin Road, private,
at the purchase price of $500.00. Also granted (6,378 sq. ft.) of temporary
construction easement, more or less. (Approved by Engineering Services
Committee November 8, 2010)
Background:The property owner has agreed to convey a certain right-of-way and
easement to Augusta, Georgia, for the Marvin Griffin Improvement Project
Analysis:The purchase of the referenced property is necessary for the project.
Financial Impact:The costs necessary for this purchase will be covered under the project
budget.
Alternatives:Deny the Motion.
Recommendation:Approve the motion.
Funds are Available in
the Following
Accounts:
AVAILABLE IN THE FOLLOWING ACCOUNT(S) 323041110-5411120
296823215-5411120
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 40
Item # 40
Item # 40
Commission Meeting Agenda
11/16/2010 5:00 PM
Paving Various Roads, Phase IX – Contract III (Pyes Court) (Bid Item 10-182)- Contract Award
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve award of Construction Contract to Mabus Brothers
Construction in the amount of $299,515.00 for the Paving Various Roads,
Phase IX – Contract III (Pyes Court) Project CPB #324-041110-208824001,
subject to receipt of signed contracts and proper bonds as requested by
AED. Funding is available in the project account. (Approved by
Engineering Services Committee November 8, 2010)
Background:Pyes Court is one of several dirt roads approved for paving in Paving
Various Roads, Phase IX. This project will consist of improving limited
drainage and paving Lamar Road from the existing dirt roads. The contract
time is 90 calendar days
Analysis:Bids were received on October 14, 2010 with Mabus Brothers Construction
Co., Inc. being the low bidder. The bid results are as follow:
CONTRACTORS BID 1. Mabus Brothers Construction Co., Inc.
$299,515.00 2. Beam’s Contracting $302,811.51 3. Blair Construction
$317,129.70 4. Reeves Construction Co., Inc. $354,876.00 5. LJ Inc.
$369,214.80 6. Gary’s Grading & Pipeline $374,172.50 7. C&H Paving, Inc.
$396,903.00 It is the recommendation of the Engineering Department to
award this project to Mabus Brothers Construction Co., Inc.
Financial Impact:Funds are available in the Paving Various Roads, Phase IX Right of Way
account to be transferred to the construction budget.
Alternatives:1) Approve award of Construction Contract to Mabus Brothers Construction
in the amount of $299,515.00 for the Paving Various Roads, Phase IX –
Contract III (Pyes Court) Project CPB #324-041110-208824001, subject to
receipt of signed contracts and proper bonds as requested by AED. Funding
is available in the project account. 2) Do not approve.
Recommendation:approve alternative one
Funds are Available in
the Following
Accounts:
324-041110-208824001/5414110-208824001
REVIEWED AND APPROVED BY:
Cover Memo
Item # 41
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 41
AUGUSTA-RICHMOND COUNTY, GEORGIA CAPITAL PROJECT BUDGET
PAVING VARIOUS RDS, PHASE IX
CONTRACT - III PYES COURT
CPB#324-04-208824001
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project is authorized CPB# 324-04-208824001. This project consist of
of improving limited drainage and paving Lamar Road from existing dirt roads
in the amount of $299,515. Funding for this project is approved in the project
right of way account and will be transferred to the project construction account.
Section 2: The following revenues are available to the Consolidated Government
to complete the project.
Special 1% Sales Tax, Phase IV $299,515
Section 3: The following amounts are appropriated for the project:
By Basin By District
Varies $299,515 Varies $299,515
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
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
1 of 2
______________________________________
Deke Copenaven, Mayor
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
1 of 2
Attachment number 1
Page 1 of 2
Item # 41
AUGUSTA-RICHMOND COUNTY, GEORGIA CAPITAL PROJECT BUDGET
PAVING VARIOUS RDS, PHASE IX
CONTRACT - III PYES COURT
CPB#324-04-208824001
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPECIAL 1% SALES TAX, PHASE IV
324-04-1110-208824001 ($1,000,000) $0 ($1,000,000)
TOTAL SOURCES: ($1,000,000) $0 ($1,000,000)
USE OF FUNDS
ENGINEERING
324-04-1110-5212115-208824001 $170,316 $0 $170,316
RIGHT OF WAY
324-04-1110-5411120-208824001 $500,000 ($299,515) $200,485
ROADS
324-04-1110-5414110-208824001 $159,837 $299,515 $629,199
Contract 1 $159,837; Contract - 2 $169,847 $169,847
TOTAL USES:$1,000,000 $0 $1,000,000
2 of 2
TOTAL USES: $1,000,000 $0 $1,000,000
2 of 2
Attachment number 1
Page 2 of 2
Item # 41
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m., Thursday, October 14, 2010 for furnishing:
Bid Item #10-182 Paving Various Roads, Phase IX – Contract III – (Pyes Court) for
Engineering 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 $75.00.
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.augustablueprint.com) at no charge through Augusta Blueprint (706 722-6488) beginning Thursday,
September 2, 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 Friday, September 24, 2010 @ 3:00 p.m. in the
Procurement Department – Room 605. There will be a mandatory site visit after the meeting. 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, September 28, 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.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a
DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order
enjoining the Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small
Business Opportunity Program. However, for various projects utilizing the expenditure of State or
Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State
Agencies in accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle September 2, 9, 16, 23, 2010
Metro Courier September 8, 2010
cc: Tameka Allen Interim Deputy Administrator
Abie Ladson Engineering Department
Hameed Malik Engineering Department
Attachment number 2
Page 1 of 1
Item # 41
VENDORS Attachment B Bid Bond
Addendums
1 & 2 Total Lump Sum
MABUS BROS. CONSTRUCTION
920 MOLLY POND ROAD
AUGUSTA, GA 30901
YES YES YES $299,515.00
BEAM’S CONTRACTING
2335 ATOMIC ROAD
BEECH ISLAND, SC 29842
YES YES YES $302,811.51
BLAIR CONSTRUCTION
P.O. BOX 770
EVANS, GA 30809
YES YES YES $317,129.70
REEVES CONSTRUCTION
P.O. BOX 1129
AUGUSTA, GA 30903
YES YES YES $354,876.00
LJ INC
220 STONERIDGE DRIVE SUITE 405
COLUMBIA SC 29210
YES YES YES $369,214.80
GARY’S GRADING & PIPELINE
7434 HIGHWAY 81
MONROE GA 30656
YES YES YES $374,172.50
C&H PAVING INC
167 KNOX RIVERS ROAD
THOMSON GA 30824
YES YES YES $396,903.00
GARNTO & GEARIG BROS.
621 PONDER PLACE DRIVE
EVANS GA 30809
Bid Item #10-182
Paving Various Roads, Phase IX =- Contract III (Pyes Court)
for the City of Augusta - Engineering Department
Bid Due: Thursday, October 14, 2010 @ 3:00 p.m.
Page 1 of 1
Attachment number 3
Page 1 of 1
Item # 41
Attachment number 4
Page 1 of 2
Item # 41
Attachment number 4
Page 2 of 2
Item # 41
Attachment number 5
Page 1 of 2
Item # 41
Attachment number 5
Page 2 of 2
Item # 41
Attachment number 6
Page 1 of 1
Item # 41
Commission Meeting Agenda
11/16/2010 5:00 PM
Property Condemnation – Right of Way, Edward Hudson, property owner; Lamar Road Paving Project
Department:Law Department
Caption:Motion to authorize condemnation to acquire title of property for right of
way for the Lamar Road Paving Project, Tax Map 226, Parcel 005-01; 2645
Lamar Road. (Approved by Engineering Services Committee November
8, 2010)
Background:Despite repeated efforts, the City has been unable to reach an agreement
with the property owner and therefore seeks to acquire title through
condemnation. In order to proceed and avoid further project delays, it is
necessary to condemn subject property. The required property consists of
4,358 square feet of right of way. The appraised value is $872.00.
Analysis:Condemnation is necessary in order to acquire the required property.
Financial Impact:The necessary costs will be covered under the project budget.
Alternatives:Deny condemnation.
Recommendation:Approve condemnation.
Funds are Available in
the Following
Accounts:
FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: G/L 324-
04-1110-54.11120 J/L 208824001-54.11120
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 42
Attachment number 1
Page 1 of 2
Item # 42
Attachment number 1
Page 2 of 2
Item # 42
Commission Meeting Agenda
11/16/2010 5:00 PM
Resurfacing Various Roads (Urban)Phase II (Bid Item – #10-181) - Contract Award
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve award of Construction Contract to Mabus Brothers
Construction in the amount of $1,372,680.50 for Resurfacing County Roads
(Urban) Phase II Project, subject to receipt of signed contracts and proper
bonds. Funding is available in SPLOST Phase IV as requested by AED.
(Approved by Engineering Services Committee November 8, 2010)
Background:The Public Services and Engineering Department have a criteria for ranking
and prioritizing roads and streets that require resurfacing. Based on the
established criteria, the Public Services and Engineering Departments
submitted a list of roads for resurfacing urban streets. The list was approved
by the Augusta-Richmond County Commission on June 29, 2010. The
approved streets are Wrightsboro Road (Druid Park to Highland Ave.) and
Milledgeville Road (North Leg to Gordon Highway and Gordon Highway to
Deans Bridge Road).
Analysis:Bids were received on October 14, 2010 with Mabus Brothers Construction
Co., Inc. being the low bidder. The bid results are as follow:
CONTRACTORS BID 1. Mabus Brothers Construction Co., Inc.
$1,372,680.50 2. Reeves Construction Co., Inc. $1,531,409.25 3. Beam’s
Contracting, Inc. $1,862,621.60 4. Gary’s Grading & Pipeline
$1,874,147.10 5. C&H Paving, Inc. $2,100,900.00 It is the recommendation
of the Engineering Department to award this project to Mabus Brothers
Construction Co., Inc.
Financial Impact:Funds are available in SPLOST Phase IV Resurfacing (324-041110-
201824044) upon Commission approval.
Alternatives:1) Approve award of Construction Contract to Mabus Brothers Construction
in the amount of $1,372,680.50 for Resurfacing County Roads (Urban)
Phase II Project, subject to receipt of signed contracts and proper bonds.
Funding is available in SPLOST Phase IV as requested by AED. 2) Do not
approve
Recommendation:approve alternative one
Funds are Available in
the Following
Accounts:
324-041110-6011110/201824044-6011110_________Cover Memo
Item # 43
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 43
Augusta-Richmond County, Georgia CPB#324-041110-000000000
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project is authorized to CPB # 324-041110-000000000. Funding is
needed for Resurfacing Various Roads (Urban) Phase II Project.
Fund in the amount of $1,372,681 are available SPLOST Ph IV Resurfacing.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase IV Resurfacing 1,372,681$
1,372,681$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Varies $1,372,681 1,372,681$
CAPITAL PROJECT BUDGET
RESURFACING VARIOUS ROADS (URBAN) PHASE II
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 xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request
contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks
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
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 xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request
contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks
1 of 2 1/25/2010
Attachment number 1
Page 1 of 2
Item # 43
Augusta-Richmond County, Georgia CPB#324-041110-000000000
CAPITAL PROJECT BUDGET
RESURFACING VARIOUS ROADS (URBAN) PHASE II
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SALES TAX, PHASE IV RESURFACING ($1,372,681) $0 $0
324-04-1110-201824044
TOTAL SOURCES: ($1,372,681) $0 $0
USE OF FUNDS
ROADS
324-04-1110-5414110-000000000 $1,372,681 $0 $0
TOTAL USES: $1,372,681 $0 $0
2 of 2 1/25/2010
Attachment number 1
Page 2 of 2
Item # 43
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m., Thursday, October 14, 2010 for furnishing:
Bid Item #10-180 Resurfacing County Roads (Suburban) – Phase II for Engineering
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 $75.00.
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.augustablueprint.com) at no charge through Augusta Blueprint (706 722-6488) beginning Thursday,
September 2, 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 Friday, September 24, 2010 @ 1:00 p.m. in the
Procurement Department – Room 605. There will be a mandatory site visit after the meeting. 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, September 28, 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.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a
DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order
enjoining the Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small
Business Opportunity Program. However, for various projects utilizing the expenditure of State or
Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State
Agencies in accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle September 2, 9, 16, 23, 2010
Metro Courier September 8, 2010
cc: Tameka Allen Interim Deputy Administrator
Abie Ladson Engineering Department
Hameed Malik Engineering Department
Attachment number 2
Page 1 of 1
Item # 43
VENDORS Attachment B Bid Bond
Addendums
1 & 2 Total Lump Sum
MABUS BROS. CONSTRUCTION
920 MOLLY POND ROAD
AUGUSTA, GA 30901
YES YES YES $886,313.00
REEVES CONSTRUCTION
P.O. BOX 1129
AUGUSTA, GA 30903
YES YES YES $906,520.46
BLAIR CONSTRUCTION
P.O. BOX 770
EVANS, GA 30809
YES YES YES $917,741.34
C&H PAVING INC
167 KNOX RIVERS ROAD
THOMSON GA 30824
YES YES YES $968,534.70
BEAM’S CONTRACTING
2335 ATOMIC ROAD
BEECH ISLAND, SC 29842
YES YES YES $1,058,414.24
GARY’S GRADING & PIPELINE
7434 HIGHWAY 81
MONROE GA 30656
YES YES YES $1,247,292.10
Bid Item #10-180
Resurfacing County Roads (Suburban) Phase II
for the City of Augusta - Engineering Department
Bid Due: Thursday, October 14, 2010 @ 3:00 p.m.
Page 1 of 1
Attachment number 3
Page 1 of 1
Item # 43
Attachment number 4
Page 1 of 2
Item # 43
Attachment number 4
Page 2 of 2
Item # 43
Attachment number 5
Page 1 of 2
Item # 43
Attachment number 5
Page 2 of 2
Item # 43
Attachment number 6
Page 1 of 2
Item # 43
Attachment number 6
Page 2 of 2
Item # 43
Commission Meeting Agenda
11/16/2010 5:00 PM
Resurfacing Various Roads – Suburban, Phase II (Bid Item – 10-180)- Contract Award
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve award of Construction Contract to Mabus Brothers
Construction in the amount of $886,313.00 for the Resurfacing County
Roads (Suburban) Phase II Project, subject to receipt of signed contracts and
proper bonds. Funding is available in SPLOST Phase IV as requested by
AED. (Approved by Engineering Services Committee November 8,
2010)
Background:The Public Services and Engineering Department have a criteria for ranking
and prioritizing roads and streets that require resurfacing. Based on the
established criteria, the Public Services and Engineering Departments
submitted a list of roads for resurfacing urban streets. The list was approved
by the Augusta-Richmond County Commission on June 29, 2010. The
approved streets are Fulcher Road (2 miles of Fulcher Road to Farmers
Bridge Road), Farmers Bridge Road (County Line to Keysville Road),
Storey Mill Road (0.1 mile of Storey Mill Road to County Line), and
Silverdale Road (Peach Orchard Road to 0.1 miles West of Cadden Road).
Analysis:Bids were received on October 14, 2010 with Mabus Brothers Construction
Co., Inc. being the low bidder. The bid results are as follow:
CONTRACTORS BID 1. Mabus Brothers Construction Co., Inc.
$886,313.00 2. Reeves Construction Co., Inc. $906,520.46 3. Blair
Construction $917,741.34 4. C&H Paving, Inc. $968,534.70 5. Beam’s
Contracting $1,058,414.24 6. Gary’s Grading & Pipeline $1,247,292.10 It is
the recommendation of the Engineering Department to award this project to
Mabus Brothers Construction Co., Inc.
Financial Impact:Funds are available in SPLOST Phase IV Resurfacing (324-041110-
201824044) upon Commission approval.
Alternatives:1) Approve award of Construction Contract to Mabus Brothers Construction
in the amount of $886,313.00 for the Resurfacing County Roads (Suburban)
Phase II Project, subject to receipt of signed contracts and proper bonds.
Funding is available in SPLOST Phase IV as requested by AED. 2) Do not
approve.
Recommendation:Approve alternative one
Funds are Available in
the Following
Accounts:
324-041110-6011110/201824044-6011110
Cover Memo
Item # 44
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 44
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: This project is authorized to CPB # 324-041110-000000000. Funding is
needed for resurfacing Various Roads (Surburban) Phase II Project. Funds in the
amount of $886,313.00 are available in SPLOST Phase IV Resurfacing Account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales Tax, Phase IV Resurfacing 886,313$
886,313$
Section 3: The following amounts are appropriated for the project:
By Basin By District
$886,313 886,313$
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
RESURFACING VARIOUS ROADS -(SURBURBAN) PHASE II
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 xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request
contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering 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 xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request
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1 of 2 10/26/2010
Attachment number 1
Page 1 of 2
Item # 44
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
RESURFACING VARIOUS ROADS -(SURBURBAN) PHASE II
CPB#324-041110-000000000
CPB AMOUNT
SOURCE OF FUNDS CPB
SALES TAX, PHASE IV RESURFACING
324-041110-201824044 ($886,313)
TOTAL SOURCES: ($886,313)
USE OF FUNDS
ROADS
324-04-1110-5414110-000000000 $886,313324-04-1110-5414110-000000000 $886,313
TOTAL USES: $886,313
2 of 2 10/26/2010
Attachment number 1
Page 2 of 2
Item # 44
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m., Thursday, October 14, 2010 for furnishing:
Bid Item #10-180 Resurfacing County Roads (Suburban) – Phase II for Engineering
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 $75.00.
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.augustablueprint.com) at no charge through Augusta Blueprint (706 722-6488) beginning Thursday,
September 2, 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 Friday, September 24, 2010 @ 1:00 p.m. in the
Procurement Department – Room 605. There will be a mandatory site visit after the meeting. 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, September 28, 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.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a
DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order
enjoining the Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small
Business Opportunity Program. However, for various projects utilizing the expenditure of State or
Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State
Agencies in accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle September 2, 9, 16, 23, 2010
Metro Courier September 8, 2010
cc: Tameka Allen Interim Deputy Administrator
Abie Ladson Engineering Department
Hameed Malik Engineering Department
Attachment number 2
Page 1 of 1
Item # 44
VENDORS Attachment B Bid Bond
Addendums
1 & 2 Total Lump Sum
MABUS BROS. CONSTRUCTION
920 MOLLY POND ROAD
AUGUSTA, GA 30901
YES YES YES $886,313.00
REEVES CONSTRUCTION
P.O. BOX 1129
AUGUSTA, GA 30903
YES YES YES $906,520.46
BLAIR CONSTRUCTION
P.O. BOX 770
EVANS, GA 30809
YES YES YES $917,741.34
C&H PAVING INC
167 KNOX RIVERS ROAD
THOMSON GA 30824
YES YES YES $968,534.70
BEAM’S CONTRACTING
2335 ATOMIC ROAD
BEECH ISLAND, SC 29842
YES YES YES $1,058,414.24
GARY’S GRADING & PIPELINE
7434 HIGHWAY 81
MONROE GA 30656
YES YES YES $1,247,292.10
Bid Item #10-180
Resurfacing County Roads (Suburban) Phase II
for the City of Augusta - Engineering Department
Bid Due: Thursday, October 14, 2010 @ 3:00 p.m.
Page 1 of 1
Attachment number 3
Page 1 of 1
Item # 44
Attachment number 4
Page 1 of 2
Item # 44
Attachment number 4
Page 2 of 2
Item # 44
Attachment number 5
Page 1 of 2
Item # 44
Attachment number 5
Page 2 of 2
Item # 44
Attachment number 6
Page 1 of 2
Item # 44
Attachment number 6
Page 2 of 2
Item # 44
Commission Meeting Agenda
11/16/2010 5:00 PM
Sanitary Sewer Relocation – Augusta Kroc Center
Department:Utilities
Caption:Motion to approve Augusta-Richmond County to supplement the contract
of RW Allen, LLC in the amount of $51,000 to relocate a sanitary sewer line
in order to resolve a conflict between an existing storm sewer and sanitary
sewer located on the southeast corner of the Broad Street and the former
Pearl Avenue which is currently part of the Kroc Center Property.
(Approved by Engineering Services Committee November 8, 2010)
Background:During construction of the Augusta Kroc Center it was discovered that an
existing sanitary sewer line crosses and had been laid on top of an existing
storm water line and caused subsequent damage to the storm sewer at the
southeast corner of the project site. This project would relocate the sanitary
sewer line in order to provide clearance from the new storm water line
currently being placed.
Analysis:R.W. Allen, LLC, the general contractor for the Augusta Kroc Center is
currently constructing all new infrastructures on-site and is prepared to
begin this work as soon as possible to avoid any delays of completing the
Augusta Kroc Center.
Financial Impact:Funds are available in SPLOST XXXXXXXXXXXXXXX.
Alternatives:1)APPROVE AUGUSTA-RICHMOND COUNTY TO RELOCATE THE
SANITARY SEWER LOCATED ON THE SOUTHEAST CORNER OF
THE PROPOSED AUGUSTA KROC CENTER BY SUPPLEMENTING
$51,000.00 TO THE PROJECT CONTRACTOR, R.W. ALLEN, LLC. 2)
Do not approve project, and delay the construction of the Kroc Center.
Recommendation:Approve Alternative Number One.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Cover Memo
Item # 45
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 45
Commission Meeting Agenda
11/16/2010 5:00 PM
Storm Drainage Improvements at Village West , Bid 09-197
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve Capital Project Budget 324-041110-210824702 Change
Number One and Change Order One for additional site drainage
improvement work in the amount of $25,229.79 to J. Harris Trucking and
Construction, Inc. on the Village West Drainage Improvements
project. Funding will be from SPLOST Phase IV Fund Account Balance as
requested by AED. (Approved by Engineering Services Committee
November 8, 2010)
Background:The Storm Drainage Improvements at Village West is a drainage project that
was designed by in-house staff. Storm water flows from the Village West
Shopping Center into Augusta-Richmond County’s channel easement. This
receiving channel is undersized, and as a result causing severe flooding on
the Village West Townhomes property. The proposed improvements will
significantly reduce the amount of storm runoff into the existing channel and
alleviate the chance of flooding in the area. Additional curb and gutters are
added to the initial design to manage and redirect additional runoff into a
storm piping system.
Analysis:Funds are available from SPLOST Phase IV Fund Account Balance to be
transferred to the project construction budget upon Commission approval.
Financial Impact:Funds are available from SPLOST Phase IV Fund Account Balance to be
transferred to the project construction budget upon Commission approval.
Alternatives:1) Approve Capital Project Budget 324-041110-210824702 Change Number
One and Change Order One for additional site drainage improvement work
in the amount of $25,229.79 to J. Harris Trucking and Construction, Inc. on
the Village West Drainage Improvements project. Funding will be from
SPLOST Phase IV Fund Account Balance as requested by AED. 2) Do not
approve and discontinue project without completing needed site
improvements.
Recommendation:approve alternative one.
Funds are Available in
the Following
Accounts:
Fund 324 fund balance
Cover Memo
Item # 46
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 46
CPB # 324-041110-201824702
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: The project is authorized for CPB # 324-0411110-210824702. This project
is for the storm drainage improvements at Village West. This authorization
is for Change Number One, Change Order One associated with the said project,
in the amount of $25,229.79 to be funded by the SPLOST IV Fund Account Balance.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
SPLOST IV Fund Account Balance 297,102$
SPLOST IV Fund Account Balance 25,230$
322,332$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Rock Creek $322,332 7 322,332$
Section 4: Copies of this Capital Project Budget shall be made available to the
CAPITAL PROJECT BUDGET
STORM DRAINAGE IMPROVEMENTS AT VILLAGE WEST
CHANGE NUMBER ONE
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 xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request
contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks
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
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 xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request
contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks
1 of 2 10/27/2010
Attachment number 1
Page 1 of 2
Item # 46
CPB # 324-041110-201824702Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
STORM DRAINAGE IMPROVEMENTS AT VILLAGE WEST
CHANGE NUMBER ONE
CPB AMOUNT
SOURCE OF FUNDS CPB CHANGE NEW CPB
SPLOST IV FUND ACCOUNT BALANCE
324-04-1110-000000000 ($297,102) ($25,230) ($322,332)
TOTAL SOURCES: ($297,102) ($25,230) ($322,332)
USE OF FUNDS
STORM DRAINAGE
324-04-1110-5414710-000000000 $297,102 $25,230 $322,332
TOTAL USES: $297,102 $25,230 $322,332
2 of 2 10/27/2010
Attachment number 1
Page 2 of 2
Item # 46
CPB # 324-041110-201824702
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby adopted:
Section 1: The project is authorized for CPB # 324-0411110-210824702. This project
is for the storm drainage improvements at Village West. This authorization
is for Change Number One, Change Order One associated with the said project,
in the amount of $25,229.79 to be funded by the SPLOST IV Fund Account Balance.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
SPLOST IV Fund Account Balance 297,102$
SPLOST IV Fund Account Balance 25,230$
322,332$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Rock Creek $322,332 7 322,332$
Section 4: Copies of this Capital Project Budget shall be made available to the
CAPITAL PROJECT BUDGET
STORM DRAINAGE IMPROVEMENTS AT VILLAGE WEST
CHANGE NUMBER ONE
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 xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request
contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks contact engineering at ext 5070. Thanks
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
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 xecution. For information reference this request xecution. For information reference this request xecution. For information reference this request
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1 of 2 10/27/2010
Attachment number 2
Page 1 of 2
Item # 46
CPB # 324-041110-201824702Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
STORM DRAINAGE IMPROVEMENTS AT VILLAGE WEST
CHANGE NUMBER ONE
CPB AMOUNT
SOURCE OF FUNDS CPB CHANGE NEW CPB
SPLOST IV FUND ACCOUNT BALANCE
324-04-1110-000000000 ($297,102) ($25,230) ($322,332)
TOTAL SOURCES: ($297,102) ($25,230) ($322,332)
USE OF FUNDS
STORM DRAINAGE
324-04-1110-5414710-000000000 $297,102 $25,230 $322,332
TOTAL USES: $297,102 $25,230 $322,332
2 of 2 10/27/2010
Attachment number 2
Page 2 of 2
Item # 46
Change Order Form
Change Order Number: ONE Date: 10/26/2010
Project Title: Storm Drainage Improvements at Village West
Original Contract Date: 4/1/2010 Project Number: 324-041110-210824702
Owner: ARC P.O. Number: P180285
Contractor: J. Harris Trucking
TOTAL AMOUNT OF THIS CHANGE ORDER $ 25,229.79
As a result of this Change Order, the anticipated contract completion date is thirty (30)
days from Commission approval date.
Original Contract Amount $ 297,101.48
Previous Change Order(s) Total $___________
This Change Order $ 25,229.72
TOTAL CONTRACT WITH CHANGE ORDER(S) $ 322,331.27
* * * * * * * * * * * * *
Funding Source/Account Number: 324-041110-0000000
Requested By: Date:
Construction Manager
Submitted By: Date:
Department Head
Finance Endorsement: Date:
Finance Director
Approved By: Date:
Mayor
Accepted By: Date:
Contractor
cc: Anthony (Tony) Williams, Construction Manager
Geri Sams, Director Procurement
Valerie Jenkins, Dept Accountant
Tim Schroder, Finance
File
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 execution. For r execution. For r execution. For r execution. For
information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks
Attachment number 3
Page 1 of 1
Item # 46
Attachment number 4
Page 1 of 1
Item # 46
Commission Meeting Agenda
11/16/2010 5:00 PM
Stormwater Discharges Permit Compliance - revision of Augusta Soil Erosion and Sedimentation Control Ordinance
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve the adoption of the Soil Erosion, Sedimentation and
Pollution Control Ordinance as requested by AED. (Approved by
Engineering Services Committee November 8, 2010)
Background:Under Georgia Code O.C.G.A TITLE 12 CHAPTER 7 Section 12-7-8(2), a
certified local government such as Augusta must review, revise, or amend
its erosion and sediment control ordinance within 12 month of any
amendment to Georgia “Erosion and Sedimentation Act of 1975”. On
September 16, 2009, the Georgia Environmental Protection Division (EPD)
notified Augusta Georgia that the Georgia Erosion and Sedimentation
(E&S) Act has been revised. EPD stated that Augusta must subsequently
amend its E&S Control ordinance and include it in the 2010 revisions to the
Augusta Municipal Separate Storm Sewer System (MS4) Stormwater
Management Program (SWMP). EPD issued a follow-up letter on June 3,
2010 informing Augusta Engineering Department informing (AED) that the
E&S Ordinance revision is due by July 1, 2010. AED requested an
extension to complete the revision and ordinance to include MS4 SWMP by
December 1, 2010. Primary change in the E&S rule is inclusion of
stormwater pollution control requirements and adoption of State Stormwater
General permit for Construction Activities requirements. AED will submit
the revised adopted ordinance to EPD as a part of Augusta’s revised MS4
SWMP.
Analysis:AED is responsible for the management and compliance of Augusta Area-
Wide NPDES MS4 permit. AED also manages E&SC plan reviews, field
activities, and compliances. As dictated under NPDES MS4 compliance
requirements, stormwater pollution control requirements are included in the
revised ordinance. Accordingly, the ordinance name has changed to
‘Erosion, Sedimentation and Pollution Control”. AED is integrating an
updated checklist and land disturbing permit in its engineering plan review
process. This integration is necessary to avoid/minimize engineering plan
review time, which is - 10 days for small projects and 14 days for large
projects (such as subdivision); allowable period is 30 days.
Financial Impact:No direct financial impact. Required activities will be integrated into AED’s
ongoing MS4 Stormwater Management Program.
Alternatives:1) Approve the adoption of the Soil Erosion, Sedimentation and Pollution
Control Ordinance. 2) Do not approve and face possible enforcement action
under NPDES MS4 compliance by the State and Federal agencies.
Cover Memo
Item # 47
Recommendation:approve alternative one
Funds are Available in
the Following
Accounts:
No direct financial impact
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 47
1
ORDINANCE NO.___________
AN ORDINANCE TO AMEND THE HEALTH AND SANITATION SECTION OF
TITLE 4, SECTION 2, OF THE AUGUSTA, GEORGIA CODE TO ADD ARTICLE 7,
WHICH PROVIDES FOR SOIL EROSION, SEDIMENTATION AND POLLUTION
CONTROL, TO REPEAL ALL ORDINANCES IN CONFLICT HEREWITH, TO
PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES.
WHEREAS, the Augusta, Georgia Code needs to be updated and revised;
WHEREAS, it is the desire of the Commission to update and improve the Augusta, Georgia
Code to provide for Soil Erosion, Sedimentation and Pollution Control for citizens of Augusta,
GA;
THE AUGUSTA COMMISSION hereby ordains as follows:
SECTION 1. AUGUSTA, GA CODE Section §4-2-1 through §4-2-6, as re-adopted July
10, 2007, provides in Title 4, for Public Health, Section 2, Health and Sanitation, Articles 1 - 6.
It is the desire of the Augusta-Richmond County Commission that that Article 7 be added as set
forth in “Exhibit A” hereto.
SECTION 2. This ordinance shall become effective upon its adoption in accordance
with applicable laws, in accordance with the AUGUSTA, GA CODE, attached hereto as “Exhibit
A.”
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby
repealed, except that nothing in this Ordinance shall be construed to repeal or modify Title 4,
Public Health, Section 2, Health and Sanitation, Articles 1 – 6 in their entirety, contained in
AUGUSTA, GA, CODE §§4-2-1 through 4-2-6.
SECTION 4. The Second Reading of this Ordinance is hereby waived.
Adopted this _______ day of _________________, 2010.
___________________________
Deke S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner,
Clerk of Commission
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 execution. For information refer execution. For information refer execution. For information refer execution. For information reference rence rence rence
this request contact engineering at ext 5070. Thanks this request contact engineering at ext 5070. Thanks this request contact engineering at ext 5070. Thanks this request contact engineering at ext 5070. Thanks
Attachment number 1
Page 1 of 26
Item # 47
2
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta Commission on _________________,
2010 and that such Ordinance has not been modified or rescinded as of the date hereof and the
undersigned further certifies that attached hereto is a true copy of the Ordinance which was
approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading: ________________________
Second Reading: Waived
Attachment number 1
Page 2 of 26
Item # 47
3
Exhibit “A”
Attachment number 1
Page 3 of 26
Item # 47
4
Title 4, Public Health, Section 2, Health and Sanitation, Article 7
Soil Erosion, Sedimentation and Pollution Control Ordinance
SECTION I
TITLE
This ordinance will be known as “Augusta Georgia Soil Erosion, Sedimentation and Pollution
Control Ordinance.”
SECTION II
DEFINITIONS
The following definitions shall apply in the interpretation and enforcement of this ordinance,
unless otherwise specifically stated:
A. DEFINITIONS:
1. Best Management Practices (BMPs):
(a) These include sound conservation and engineering practices to prevent and
minimize erosion and resultant sedimentation, which are consistent with, and no less
stringent than, those practices contained in the “Manual for Erosion and Sediment
Control in Georgia” published by the Commission as of January 1st of the year in which
the land-disturbing activity was permitted.
(b) Best Management Practice also include, but are not limited to design
specifications from the most recent publication of Georgia Stormwater Management
Manual Published by Atlanta Regional Commission.
2. Board: The Board of Natural Resources.
3. Buffer: The area of land immediately adjacent to the banks of state waters in its
natural state of vegetation, which facilitates the protection of water quality and aquatic
habitat.
4. Certified Personnel: A person who has successfully completed the appropriate
certification course approved by the Georgia Soil and Water Conservation Commission.
5. Commission: The Georgia Soil and Water Conservation Commission (GSWCC).
6. CPESC: Certified Professional in Erosion and Sediment Control with current
certification by Certified Profession in Erosion and Sediment Control, Inc., a corporation
registered in North Carolina, which is also referred to as CPESC or CPESC, Inc.
Attachment number 1
Page 4 of 26
Item # 47
5
7. Cut: A portion of land surface or area from which earth has been removed or will
be removed by excavation; the depth below original ground surface to the excavated
surface. Also known as excavation.
8. Department: The Georgia Department of Natural Resources (DNR).
9. Design Professional: A professional licensed by the State of Georgia in the field
of: engineering, architecture, landscape architecture, forestry, geology, or land surveying;
or a person that is a Certified Professional in Erosion and Sediment Control (CPESC)
with a current certification by Certified Professional in Erosion and Sediment Control,
Inc.
10. Developer: Refer to the person and persons, a cooperation, or other business
applying for a permit to undertake land-disturbing activity and performing development
within the scope of this ordinance.
11. Development: Refer to any activity which would alter the elevation of the land,
remove or destroy plant life, cause a structure of any kind to be installed, erected, or
removed, or a change of any kind from existing condition.
12. Director: The Director of the Environmental Protection Division or an authorized
representative.
13. District: The Brier Creek Soil and Water Conservation District.
14. Division: The Environmental Protection Division (EPD) of the Department of
Natural Resources.
15. Drainage Structure: A device composed of a virtually non-erodible material such
as concrete, steel, plastic or other such material that conveys water from one place to
another by intercepting the flow and carrying it to a release point for storm water
management, drainage control, or flood control purposes.
16. Erosion: The process by which land surface is worn away by the action of wind,
water, ice or gravity.
17. Erosion, Sedimentation and Pollution Control Plan: A plan required by the
Erosion and Sedimentation Act, O.C.G.A. Chapter 12-7, that includes, as a minimum,
protections at least as stringent as the State General Permit, best management practices,
and requirements in section IV.C. of this ordinance.
18. Fill: A portion of land surface to which soil or other solid material has been added;
the depth above the original ground surface or an excavation.
19. Final Stabilization: All soil disturbing activities at the site have been completed,
and that for unpaved areas and areas not covered by permanent structures and areas
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located outside the waste disposal limits of a landfill cell that has been certified by EPD
for waste disposal, 100% of the soil surface is uniformly covered in permanent vegetation
with a density of 70% or greater, or equivalent permanent stabilization measures (such as
the use of rip rap, gabions, permanent mulches or geotextiles) have been used.
Permanent vegetation shall consist of: planted trees, shrubs, perennial vines; a crop of
perennial vegetation appropriate for the time of year and region; or a crop of annual
vegetation and a seeding of target crop perennials appropriate for the region. Final
stabilization applies to each phase of construction.
20. Finished Grade: The final elevation and contour of the ground after cutting or
filling and conforming to the proposed design.
21. Grading: Altering the shape of ground surfaces to a predetermined condition; this
includes stripping, cutting, filling, stockpiling and shaping or any combination thereof
and shall include the land in its cut or filled condition.
22. Ground Elevation: The original elevation of the ground surface prior to cutting or
filling.
23. Land-Disturbing Activity: Any activity which may result in soil erosion from
water or wind and the movement of sediments into state waters or onto lands within the
state, including, but not limited to, clearing, dredging, grading, excavating, transporting,
and filling of land but not including agricultural practices as described in Section III,
Paragraph 5.
24. Larger Common Plan of Development or Sale: A contiguous area where
multiple separate and distinct construction activities are occurring under one plan of
development or sale. For the purposes of this paragraph, “plan” means an announcement;
piece of documentation such as a sign, public notice or hearing, sales pitch,
advertisement, drawing, permit application, zoning request, or computer design; or
physical demarcation such as boundary signs, lot stakes, or surveyor markings, indicating
that construction activities may occur on a specific plot.
25. Local Issuing Authority: The governing authority of any county or municipality
which is certified pursuant to subsection (a) O.C.G.A. 12-7-8. The LIA in Augusta is the
Executive Director of the Augusta-Richmond County Planning Commission and the
Engineering Department is an extension of the LIA with respect to plan review and
enforcement.
26. Metropolitan River Protection Act (MRPA): A state law referenced as
O.C.G.A. 12-5-440 et. seq., which addresses environmental and developmental matters in
certain metropolitan river corridors and their drainage basins.
27. Mulching: Refers to the application of plant or other suitable materials in the soil
surface to conserve moisture, hold the soil in place, and aid in establishing plant cover.
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28. Natural Ground Surface: The ground surface in its original state before any
grading, excavation or filling.
29. Nephelometric Turbidity Units (NTU): Numerical units of measure based upon
photometric analytical techniques for measuring the light scattered by finely divided
particles of a substance in suspension. This technique is used to estimate the extent of
turbidity in water in which colloidally dispersed or suspended particles are present.
30. NOI: A Notice of Intent form provided by EPD for coverage under the State
General Permit.
31. NOT: A Notice of Termination form provided by EPD to terminate coverage
under the State General Permit.
32. One Hundred Year Floodplain: Land in the floodplain subject to a one (1)
percent or greater statistical occurrence probability of flooding in any given year (also
referred to as “area of the 1% annual chance flood” on Augusta’s Flood Insurance Rate
Maps – effective date September 25, 2009).
33. Operator: The party or parties that have: (A) operational control of construction
project plans and specifications, including the ability to make modifications to those
plans and specifications; or (B) day-to-day operational control of those activities that are
necessary to ensure compliance with an erosion, sedimentation and pollution control plan
for the site or other permit conditions, such as a person authorized to direct workers at a
site to carry out activities required by the erosion, sedimentation and pollution control
plan or to comply with other permit conditions.
34. Outfall: The location where storm water in a discernible, confined and discrete
conveyance, leaves a facility or site or, if there is a receiving water on site, becomes a
point source discharging into that receiving water.
35. Permit: The authorization necessary to conduct a land-disturbing activity under
the provisions of this ordinance.
36. Person: Any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission, board, public or private institution, utility,
cooperative, state agency, municipality or other political subdivision of the State of
Georgia, any interstate body or any other legal entity.
37. Planning Commission: The Augusta-Richmond County Planning Commission.
38. Phase or Phased: Sub-parts or segments of construction projects where the sub-
part or segment is constructed and stabilized prior to completing construction activities
on the entire construction site.
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39. Project: The entire proposed development project regardless of the size of the
area of land to be disturbed.
40. Properly Designed: Designed in accordance with the design requirements and
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
(Manual) published by the Georgia Soil and Water Conservation Commission as of
January 1 of the year in which the land-disturbing activity was permitted and
amendments to the Manual as approved by the Commission up until the date of NOI
submittal.
41. Roadway Drainage Structure: A device such as a bridge, culvert, or ditch,
composed of a virtually non-erodible material such as concrete, steel, plastic, or other
such material that conveys water under a roadway by intercepting the flow on one side of
a traveled roadway consisting of one or more defined lanes, with or without shoulder
areas, and carrying water to a release point on the other side.
42. Sediment: Solid material, both organic and inorganic, that is in suspension, is
being transported, or has been moved from its site of origin by wind, water, ice, or
gravity as a product of erosion.
43. Sedimentation: The process by which eroded material is transported and
deposited by the action of water, wind, ice or gravity.
44. Soil and Water Conservation District Approved Plan: An erosion,
sedimentation and pollution control plan approved in writing by the Brier Creek Soil and
Water Conservation District or LIA under MOA with Brier Creek Soil and Water
Conservation District.
45. Stabilization: The process of establishing an enduring soil cover of vegetation by
the installation of temporary or permanent structures for the purpose of reducing to a
minimum the erosion process and the resultant transport of sediment by wind, water, ice
or gravity.
46. State General Permit: The National Pollution Discharge Elimination System
(NPDES) general permit or permits for storm water runoff from construction activities as
is now in effect or as may be amended or reissued in the future pursuant to the state’s
authority to implement the same through federal delegation under the Federal Water
Pollution Control Act, as amended, 33 U.S.C. Section 1251, et seq., and subsection (f) of
§12-5-30.
47. State Waters: Any and all rivers, streams, creeks, branches, lakes, reservoirs,
ponds, drainage systems, springs, wells, and other bodies of surface or subsurface water,
natural or artificial, lying within or forming a part of the boundaries of Georgia which are
not entirely confined and retained completely upon the property of a single individual,
partnership, or corporation.
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48. Stream bank: The confining cut of a stream channel usually identified as the
point where the normal stream flow has wrested the vegetation. For non-trout waters, the
normal stream flow is any stream flow that consists solely of base flow or consists of
both base flow and direct runoff during any period of the year. Base flow results from
groundwater that enters the stream channel through the soil. This includes flows into
streams. Direct runoff is the water entering stream channels promptly after rainfalls or
snow melts.
49. Structural Erosion, Sedimentation and Pollution Control Practices: Practices
for the stabilization of erodible or sediment-producing areas by utilizing the mechanical
properties of matter for the purpose of either changing the surface of the land or storing,
regulating or disposing of runoff to prevent excessive sediment loss. Examples of
structural erosion and sediment control practices are riprap, sediment basins, dikes, level
spreaders, waterways or outlets, diversions, grade stabilization structures and sediment
traps, etc. Such practices can be found in the publication Manual for Erosion and
Sediment Control in Georgia.
50. Trout Streams: All streams or portions of streams within the watershed as
designated by the Wildlife Resources Division of the Georgia Department of Natural
Resources under the provisions of the Georgia Water Quality Control Act, O.C.G.A. 12-
5-20, in the rules and regulations for Water Quality Control, Chapter 391-3-6 at
www.gaepd.org. Streams designated as primary trout waters are defined as water
supporting a self- sustaining population of rainbow, brown or brook trout. Streams
designated as secondary trout waters are those in which there is no evidence of natural
trout reproduction, but are capable of supporting trout throughout the year. First order
trout waters are streams into which no other streams flow except springs.
51. Vegetative Erosion and Sedimentation Control Measures: Measures for the
stabilization of erodible or sediment-producing areas by covering the soil with:
(a) Permanent seeding, sprigging or planting, producing long-term vegetative
cover, or
(b) Temporary seeding, producing short-term vegetative cover; or
(c) Sodding, covering areas with a turf of perennial sod-forming grass.
Such measures can be found in the publication Manual for Erosion and Sediment Control
in Georgia.
52. Watercourse: Any natural or artificial watercourse, stream, river, creek, channel,
ditch, canal, conduit, culvert, drain, waterway, gully, ravine, or wash in which water
flows either continuously or intermittently and which has a definite channel, bed and
banks, and including any area adjacent thereto subject to inundation by reason of
overflow or floodwater.
53. Water Quality: The chemical, physical, and biological characteristics of the
State’s water resources.
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54. Wetlands: Those areas that are inundated or saturated by surface or ground
water at a frequency and duration sufficient to support, and that under normal
circumstances do support a prevalence of vegetation typically adapted for life in saturated
soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas
SECTION III
EXEMPTIONS
(a) This ordinance shall apply to any land-disturbing activity undertaken by any person on
any land within the jurisdiction of the Local Issuing Authority except and to the extent
exempted by O.C.G.A. §12-4-17 and as provided under following subsection:
1. Surface mining, as the same is defined in O.C.G.A. §12-4-72, "The Georgia
Surface Mining Act of 1968".
2. Granite quarrying and land clearing for such quarrying;
3. Such minor land-disturbing activities as home gardens and individual home
landscaping, repairs, maintenance work, fences, and other related activities which result
in minor soil erosion;
4. The construction of single-family residences, when such construction disturbs less
than one (1) acre and is not a part of a larger common plan of development or sale with a
planned disturbance of equal to or greater than one (1) acre and not otherwise exempted
under this paragraph; provided, however, that construction of any such residence shall
conform to the minimum requirements as set forth in Section IV of this Ordinance
O.C.G.A. §12-7-6 and this paragraph. For single-family residence construction covered
by the provisions of this paragraph, there shall be a buffer zone between the residence
and any state waters classified as trout streams pursuant to Article 2 of Chapter 5 of the
Georgia Water Quality Control Act. In any such buffer zone, no land-disturbing activity
shall be constructed between the residence and the point where vegetation has been
wrested by normal stream flow or wave action from the banks of the trout waters. For
primary trout waters, the buffer zone shall be at least 50 horizontal feet, and no variance
to a smaller buffer shall be granted. For secondary trout waters, the buffer zone shall be
at least 50 horizontal feet, but the Director may grant variances to no less than 25 feet.
Regardless of whether a trout stream is primary or secondary, for first order trout waters,
which are streams into which no other streams flow except for springs, the buffer shall be
at least 25 horizontal feet, and no variance to a smaller buffer shall be granted. The
minimum requirements of subsection (b) of O.C.G.A. §12-7-6 and the buffer zones
provided by this paragraph shall be enforced by the Local Issuing Authority;
5. Agricultural operations as defined in O.C.G.A. §1-3-3, "definitions", to include
raising, harvesting or storing of products of the field or orchard; feeding, breeding or
managing livestock or poultry; producing or storing feed for use in the production of
livestock, including but not limited to cattle, calves, swine, hogs, goats, sheep, and rabbits
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or for use in the production of poultry, including but not limited to chickens, hens and
turkeys; producing plants, trees, fowl, or animals; the production of aqua culture,
horticultural, dairy, livestock, poultry, eggs and apiarian products; farm buildings and
farm ponds;
6. Forestry land management practices, including harvesting; provided, however,
that when such exempt forestry practices cause or result in land-disturbing or other
activities otherwise prohibited in a buffer, as established in paragraphs (15) and (16) of
Section IV C. of this ordinance, no other land-disturbing activities, except for normal
forest management practices, shall be allowed on the entire property upon which the
forestry practices were conducted for a period of three (3) years after completion of such
forestry practices;
7. Any project carried out under the technical supervision of the Natural Resources
Conservation Service (NRCS) of the United States Department of Agriculture;
8. Any project involving less than one (1) acre of disturbed area; provided, however,
that this exemption shall not apply to any land-disturbing activity within a larger common
plan of development or sale with a planned disturbance of equal to or greater than one (1)
acre or within 200 feet of the bank of any state waters, and for purposes of this paragraph,
“State Waters” excludes channels and drainage ways which have water in them only
during and immediately after rainfall events and intermittent streams which do not have
water in them year-round; provided, however, that any person responsible for a project
which involves less than one (1) acre, which involves land-disturbing activity, and which
is within 200 feet of any such excluded channel or drainage way, must prevent sediment
from moving beyond the boundaries of the property on which such project is located and
provided, further, that nothing contained herein shall prevent the Local Issuing Authority
from regulating any such project which is not specifically exempted by paragraphs 1, 2,
3, 4, 5, 6, 7, 9 or 10 of this section;
9. Construction or maintenance projects, or both, undertaken or financed in whole or
in part, or both, by the Department of Transportation, the Georgia Highway Authority, or
the State Road and Tollway Authority; or any road construction or maintenance project,
or both, undertaken by any county or municipality; provided, however, that construction
or maintenance projects of the Department of Transportation or the State Road and
Tollway Authority which disturb one or more contiguous acres of land shall be subject to
provisions of O.C.G.A. §12-7-7.1; except where the Department of Transportation, the
Georgia Highway Authority, or the State Road and Tollway Authority is a secondary
permittee for a project located within a larger common plan of development or sale under
the state general permit, in which case a copy of a notice of intent under the state general
permit shall be submitted to the Local Issuing Authority, the Local Issuing Authority
shall enforce compliance with the minimum requirements set forth in O.C.G.A. §12-7-6
as if a permit had been issued, and violations shall be subject to the same penalties as
violations by permit holders.
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10. Any land-disturbing activities conducted by any electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United States engaged in the generation,
transmission, or distribution of power; except where an electric membership corporation
or municipal electrical system or any public utility under the regulatory jurisdiction of the
Public Service Commission, any utility under the regulatory jurisdiction of the Federal
Energy Regulatory Commission, any cable television system as defined in O.C.G.A. §36-
18-1, or any agency or instrumentality of the United states engaged in the generation,
transmission, or distribution of power is a secondary permittee for a project located
within a larger common plan of development or sale under the state general permit, in
which case the Local Issuing Authority shall enforce compliance with the minimum
requirements set forth in O.C.G.A. 12-7-6 as if a permit had been issued, and violations
shall be subject to the same penalties as violations by permit holders; and
11. Any public water system reservoir:
(b) The following projects are exempt from the permit requirements of section V of
this article by O.C.G.A. §12-4-17, however, any land disturbing activities conducted as
part of any such project shall submit individual lot drainage plan including proposed
changes in lot grade to the Augusta Engineering Department prior to getting a building
permit and conform to the minimum requirements as set forth in section IV of this article,
including, but not limited to, the implementation of BMPs.
(1) The construction of a single-family residence or commercial lot or
institutional lot, when such construction disturbs less than one acre and is not a part of a
larger common plan of development or sale with a planned disturbance of equal to or
greater than one acre and not otherwise exempted under this section.
SECTION IV
MINIMUM REQUIREMENTS FOR EROSION, SEDIMENTATION AND POLLUTION
CONTROL USING BEST MANAGEMENT PRACTICES
A. GENERAL PROVISIONS:
Excessive soil erosion and resulting sedimentation can take place during land-disturbing
activities if requirements of the ordinance and the NPDES General Permit are not met.
Therefore, plans for those land-disturbing activities which are not exempted by this
ordinance shall contain provisions for application of soil erosion, sedimentation and
pollution control measures and practices. The provisions shall be incorporated into the
erosion, sedimentation and pollution control plans. Soil erosion, sedimentation and
pollution control measures and practices shall conform to the minimum requirements of
Section IV B. & C. of this ordinance. The application of measures and practices shall
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apply to all features of the site, including street and utility installations, drainage facilities
and other temporary and permanent improvements. Measures shall be installed to
prevent or control erosion, sedimentation and pollution during all stages of any land-
disturbing activity in accordance with requirements of this ordinance and the NPDES
General Permit
B. MINIMUM REQUIREMENTS/ BMPs/MONITORING REQUIREMENTS:
1. Best management practices as set forth in Section IV B. & C. of this ordinance
shall be required for all land-disturbing activities. Proper design, installation, and
maintenance of best management practices shall constitute a complete defense to any
action by the Director or to any other allegation of noncompliance with paragraph (2) of
this subsection or any substantially similar terms contained in a permit for the discharge
of storm water issued pursuant to subsection (f) of O.C.G.A. §12-5-30, the "Georgia
Water Quality Control Act". As used in this subsection the terms "proper design” and
“properly designed” mean designed in accordance with the hydraulic design
specifications contained in the “Manual for Erosion and Sediment Control in Georgia”
specified in O.C.G.A. §12-7-6 subsection (b).
2. A discharge of storm water runoff from disturbed areas where best management
practices have not been properly designed, installed, and maintained shall constitute a
separate violation of any land-disturbing permit issued by a local Issuing Authority or of
any state general permit issued by the Division pursuant to subsection (f) of O.C.G.A.
§12-5-30, the "Georgia Water Quality Control Act", for each day on which such
discharge results in the turbidity of receiving waters being increased by more than
twenty-five (25) nephelometric turbidity units for waters supporting warm water
fisheries or by more than ten (10) nephelometric turbidity units for waters classified as
trout waters. The turbidity of the receiving waters shall be measured in accordance with
guidelines to be issued by the Director. This paragraph shall not apply to any land
disturbance associated with the construction of single family homes which are not part of
a larger common plan of development or sale unless the planned disturbance for such
construction is equal to or greater than five (5) acres.
C. VIOLATIONS:
1. Failure to properly design, install, or maintain best management practices shall
constitute a violation of any land-disturbing permit issued by a Local Issuing Authority or
of any state general permit issued by the Division pursuant to subsection (f) of Code
Section 12-5-30, the "Georgia Water Quality Control Act", for each day on which such
failure occurs.
2. The Director may require, in accordance with regulations adopted by the Board,
reasonable and prudent monitoring of the turbidity level of receiving waters into which
discharges from land disturbing activities occur.
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3. Failure to perform turbidity monitoring or to submit monitoring results as
required under the state general permit(s) applicable to the project shall be a violation of
this article for each day on which such failure occurs or continues.
4. If any person commences any land-disturbing activity requiring a land disturbing
permit as described in this article without first obtaining said permit, the person shall be
in violation of this Article for each day on which such land disturbing activity occurs.
5. Conducting land-disturbing activity in any manner prohibited by or inconsistent
with the requirements of this article shall constitute a separate violation of this article for
each day on which such prohibited or inconsistent activity occurs or continues.
D. REQUIREMENTS:
The rules and regulations, ordinances, or resolutions adopted pursuant to this chapter and
O.C.G.A. §12-7-1 et. seq. for the purpose of governing land-disturbing activities shall
require, as a minimum, protections at least as stringent as the state general permit; and
best management practices, including sound conservation and engineering practices to
prevent and minimize erosion and resultant sedimentation, which are consistent with, and
no less stringent than, those practices contained in the Manual for Erosion and Sediment
Control in Georgia published by the Georgia Soil and Water Conservation Commission
as of January 1 of the year in which the land-disturbing activity was permitted, as well as
the following:
1. Stripping of vegetation, regrading and other development activities shall be
conducted in a manner so as to minimize erosion;
2. Cut-fill operations must be kept to a minimum;
3. Development plans must conform to topography and soil type so as to create the
lowest practicable erosion potential;
4. Whenever feasible, natural vegetation shall be retained, protected and
supplemented;
5. The disturbed area and the duration of exposure to erosive elements shall be kept
to a practicable minimum;
6. Disturbed soil shall be stabilized as quickly as practicable;
7. Temporary vegetation or mulching shall be employed to protect exposed critical
areas during development;
8. Permanent vegetation and structural erosion control practices shall be installed as
soon as practicable;
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9. To the extent necessary, sediment in run-off water must be trapped by the use of
debris basins, sediment basins, silt traps, or similar measures until the disturbed area is
stabilized. As used in this paragraph, a disturbed area is stabilized when it is brought to a
condition of continuous compliance with the requirements of O.C.G.A. §12-7-1 et. seq.;
10. Adequate provisions must be provided to minimize damage from surface water to
the cut face of excavations or the sloping of fills;
11. Cuts and fills may not endanger adjoining property;
12. Fills may not encroach upon natural watercourses or constructed channels in a
manner so as to adversely affect other property owners;
13. Grading equipment must cross flowing streams by means of bridges or culverts
except when such methods are not feasible, provided, in any case, that such crossings are
kept to a minimum;
14. Land-disturbing activity plans for erosion, sedimentation and pollution control
shall include provisions for treatment or control of any source of sediments and adequate
sedimentation control facilities to retain sediments on-site or preclude sedimentation of
adjacent waters beyond the levels specified in Section IV B. 2. of this ordinance
E. BUFFERS:
1. Except as provided in O.C.G.A §12-7-6(b)(16) for trout streams, there is
established a 25 foot buffer along the banks of all state waters, as measured horizontally
from the point where vegetation has been wrested by normal stream flow or wave action,
except i) where the Director determines to allow a variance that is at least as protective of
natural resources and the environment, ii) where otherwise allowed by the Director
pursuant to O.C.G.A. §12-2-8, iii) where a drainage structure or a roadway drainage
structure must be constructed, provided that adequate erosion control measures are
incorporated in the project plans and specifications, and are implemented; or iv) along
any ephemeral stream. As used in this provision, the term 'ephemeral stream' means a
stream: that under normal circumstances has water flowing only during and for a short
duration after precipitation events; that has the channel located above the ground-water
table year round; for which ground water is not a source of water; and for which runoff
from precipitation is the primary source of water flow, Unless exempted as along an
ephemeral stream, the buffers of at least 25 feet established pursuant to part 6 of Article
5, Chapter 5 of Title 12, the "Georgia Water Quality Control Act", shall remain in force
unless a variance is granted by the Director as provided in this paragraph. The following
requirements shall apply to any such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
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vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed; provided, however, that any
person constructing a single-family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b) The buffer shall not apply to the following land-disturbing activities,
provided that they occur at an angle, as measured from the point of crossing, within 25
degrees of perpendicular to the stream; cause a width of disturbance of not more than 50
feet within the buffer; and adequate erosion control measures are incorporated into the
project plans and specifications and are implemented: (i) Stream crossings for water
lines; or (ii) Stream crossings for sewer lines; and
2. There is established a 50 foot buffer as measured horizontally from the point
where vegetation has been wrested by normal stream flow or wave action, along the
banks of any state waters classified as "trout streams" pursuant to Article 2 of Chapter 5
of Title 12, the “Georgia Water Quality Control Act", except where a roadway drainage
structure must be constructed ; provided, however, that small springs and streams
classified as trout streams which discharge an average annual flow of 25 gallons per
minute or less shall have a 25 foot buffer or they may be piped, at the discretion of the
landowner, pursuant to the terms of a rule providing for a general variance promulgated
by the Board, so long as any such pipe stops short of the downstream landowner’s
property and the landowner complies with the buffer requirement for any adjacent trout
streams. The Director may grant a variance from such buffer to allow land-disturbing
activity, provided that adequate erosion control measures are incorporated in the project
plans and specifications and are implemented. The following requirements shall apply to
such buffer:
(a) No land-disturbing activities shall be conducted within a buffer and a
buffer shall remain in its natural, undisturbed, state of vegetation until all land-disturbing
activities on the construction site are completed. Once the final stabilization of the site is
achieved, a buffer may be thinned or trimmed of vegetation as long as a protective
vegetative cover remains to protect water quality and aquatic habitat and a natural canopy
is left in sufficient quantity to keep shade on the stream bed: provided, however, that any
person constructing a single–family residence, when such residence is constructed by or
under contract with the owner for his or her own occupancy, may thin or trim vegetation
in a buffer at any time as long as protective vegetative cover remains to protect water
quality and aquatic habitat and a natural canopy is left in sufficient quantity to keep shade
on the stream bed; and
(b)The buffer shall not apply to the following land-disturbing activities, provided
that they occur at an angle, as measured from the point of crossing, within 25 degrees of
perpendicular to the stream; cause a width of disturbance of not more than 50 feet within
the buffer; and adequate erosion control measures are incorporated into the project plans
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and specifications and are implemented: (i) Stream crossings for water lines; or (ii)
Stream crossings for sewer lines.
F. LOCAL ISSUING AUTHORITY:
Nothing contained in O.C.G.A. 12-7-1 et. seq. shall prevent any Local Issuing Authority
from adopting rules and regulations, ordinances, or resolutions which contain stream
buffer requirements that exceed the minimum requirements in Section IV B. & C. of this
ordinance.
G. LAND-DISTURBING ACTIVITY:
The fact that land-disturbing activity for which a permit has been issued results in
injury to the property of another shall neither constitute proof of nor create a presumption
of a violation of the standards provided for in this ordinance or the terms of the permit
SECTION V
APPLICATION/PERMIT PROCESS
A. GENERAL:
The property owner, developer and designated planners and engineers shall design and
review before submittal the general development plans. The Local Issuing Authority shall
review the tract to be developed and the area surrounding it. They shall consult the
zoning ordinance, storm water management ordinance, subdivision ordinance, flood
damage prevention ordinance, this ordinance, and any other ordinances, rules, regulations
or permits, which regulate the development of land within the jurisdictional boundaries of
the Local Issuing Authority. However, the owner or operator with owner written consent
is the only party who may obtain a permit.
B. APPLICATION REQUIREMENTS:
1. No person shall conduct any land-disturbing activity within the jurisdictional
boundaries of Augusta Georgia without first obtaining a Land Development Permit
(LDA) from the Local Issuing Authority to perform such activity and providing a copy of
Notice of Intent submitted to EPD if applicable. This also applies to mass grading
activities at individual lots within a common development such as subdivision and a
builder shall obtain a Land Disturbing Permit as well as a building permit to commence
construction.
2. The application for a permit shall be submitted to the Local Issuing Authority and
must include the applicant’s erosion, sedimentation and pollution control plan with a
completed checklist and supporting data, as necessary. Said plans shall include, as a
minimum, the data specified in Section V C. of this ordinance. Erosion, sedimentation
and pollution control plans, together with supporting data, must demonstrate
affirmatively that the land disturbing activity proposed will be carried out in such a
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manner that the provisions of Section IV B. & C. of this ordinance will be met.
Applications for a permit will not be accepted unless accompanied by six (6) copies of
the applicant’s erosion, sedimentation and pollution control plans. All applications shall
contain a certification stating that the plan preparer or the designee thereof visited the site
prior to creation of the plan in accordance with EPD Rule 391-3-7-.10.
3. An administrative fee, in the amount of $5.00 per disturbed acre (or portion
thereof) shall be charged by the Local Issuing Authority for each project requiring a
permit under this article. The administrative fee shall be paid at the time the plan is
submitted to the Local Issuing Authority. In addition to the local permitting fees, fees will
also be assessed pursuant to paragraph (5) subsection (a) of O.C.G.A. §12-5-23, provided
that such fees shall not exceed $80.00 per acre of land-disturbing activity, and these fees
shall be calculated and paid by the primary permittee as defined in the state general
permit for each acre of land-disturbing activity included in the planned development or
each phase of development. All applicable fees shall be paid prior to issuance of the land
disturbance permit. In a jurisdiction that is certified pursuant to subsection (a) of
O.C.G.A. §12-7-8 half of such fees levied shall be submitted to the Division; except that
any and all fees due from an entity which is required to give notice pursuant to paragraph
(9) or (10) of O.C.G.A. §12-7-17 shall be submitted in full to the Division, regardless of
the existence of a Local Issuing Authority in the jurisdiction.
4. Immediately upon receipt of an application and plan for a permit, the Local
Issuing Authority shall refer the application and plan to the District for its review and
approval or disapproval concerning the adequacy of the erosion, sedimentation and
pollution control plan. The District shall approve or disapprove a plan within 35 days of
receipt. Failure of the District to act within 35 days shall be considered an approval of
the pending plan. The results of the District review shall be forwarded to the Local
Issuing Authority. No permit will be issued unless the plan has been approved by the
District, and any variances required by Section IV C. 15. & 16. has been obtained, all
fees have been paid, and bonding, if required as per Section V B.6., have been obtained.
Such review will not be required if the County and the District have entered into an
agreement which allows the County to conduct such review and approval of the plan
without referring the application and plan to the District. The Local Issuing Authority
with plan review authority shall approve or disapprove a revised Plan submittal within 35
days of receipt. Failure of the Local Issuing Authority with plan review authority to act
within 35 days shall be considered an approval of the revised Plan submittal.
5. Denial of Permit: If a permit applicant has had two or more violations of previous
permits, this ordinance section, or the Georgia Erosion and Sedimentation Act, as
amended, within three years prior to the date of filing the application under consideration,
the Local Issuing Authority may deny the permit application.
6. Bond Requirement: The Local Issuing Authority may require the permit
applicant to post a bond in the form of government security, cash, irrevocable letter of
credit, or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction
thereof of the proposed land-disturbing activity, prior to issuing the permit. If the
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applicant does not comply with this section or with the conditions of the permit after
issuance, the Local Issuing Authority may call the bond or any part thereof to be forfeited
and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing
activity and bring it into compliance. These provisions shall not apply unless there is in
effect an ordinance or statute specifically providing for hearing and judicial review of any
determination or order of the Local Issuing Authority with respect to alleged permit
violations.
C. PLAN REQUIREMENTS:
1. Plans must be prepared to meet the minimum requirements as contained in
Section IV B. & C. of this ordinance, or through the use of more stringent, alternate
design criteria which conform to sound conservation and engineering practices. The
Manual for Erosion and Sediment Control in Georgia is hereby incorporated by reference
into this ordinance. The plan for the land-disturbing activity shall consider the
interrelationship of the soil types, geological and hydrological characteristics,
topography, watershed, vegetation, proposed permanent structures including roadways,
constructed waterways, sediment control and storm water management facilities, local
ordinances and State laws. Maps, drawings and supportive computations shall bear the
signature and seal of the certified design professional. Persons involved in land
development design, review, permitting, construction, monitoring, or inspections or any
land disturbing activity shall meet the education and training certification requirements,
dependent on his or her level of involvement with the process, as developed by the
Commission and in consultation with the Division and the Stakeholder Advisory Board
created pursuant to O.C.G.A. §12-7-20.
2. Data Required for Site Plan shall include all the information required from the
appropriate Erosion, Sedimentation and Pollution Control Plan Review Checklist
established by the Commission as of January 1 of the year in which the land-disturbing
activity was permitted. These check lists are included in this Ordinance by reference. A
filled copy of applicable checklist shall be submitted with the plan.
3. Maps, drawings, and supportive computations shall bear the signature/seal of
certified design professional.
4. Maintenance of all soil erosion and sedimentation control practices, whether
temporary or permanent, shall be at all times the responsibilities of the property owner.
5. Plot plans for single family homes on individual lots shall illustrate the best
management practice the contractor will implement during construction to prevent soil
erosion and damage to adjoining properties as result if erosion; the plot plan shall
illustrate the method for controlling onsite drainage and permanently stabilizing the
disturbed soil upon completion of construction. Onsite drainage shall be away from the
foundations through and towards a define drainage system. Direction of onsite flow to be
indicated by arrows. Plot plans also include contractor name, street name and property
address, lot dimensions drawn to scale, all easements, existing drainage features,
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structures footprints, building setback dimensions, BMPs to be implemented, offsite
system receiving onsite drainage, 100-year floodplain, sensitive areas including wetlands,
state water within 200 feet of the site, and applicable state water buffers. Aforementioned
BMPs and drainage requirements also apply to plot plans for individual lots that are part
of a larger common plan of development (such as residential or commercial subdivision).
D. PERMITS:
1. Permits shall be issued or denied as soon as practicable but in any event not later
than forty-five (45) days after receipt by the Local Issuing Authority of a completed
application, providing variances and bonding are obtained, where necessary and all
applicable fees have been paid prior to permit issuance. The permit shall include
conditions under which the activity may be undertaken.
2. No permit shall be issued by the Local Issuing Authority unless the erosion,
sedimentation and pollution control plan has been approved by the District and the Local
Issuing Authority has affirmatively determined that the plan is in compliance with this
ordinance, any variances required by Section IV C. 15. & 16. are obtained, bonding
requirements, if necessary, as per Section V B. 6. are met and all ordinances and rules
and regulations in effect within the jurisdictional boundaries of the Augusta, Georgia are
met. If the permit is denied, the reason for denial shall be furnished to the applicant.
3. Any land-disturbing activities by the Local Issuing Authority or the Augusta,
Georgia shall be subject to the same requirements of this ordinance, and any other
ordinances relating to land development, as are applied to private persons.
4. If the tract is to be developed in phases, then a separate permit shall be required
for each phase.
5. The permit may be suspended, revoked, or modified by the Local Issuing
Authority, as to all or any portion of the land affected by the plan, upon finding that the
land disturbing activity is not in compliance with the approved erosion and sedimentation
control plan or that the holder or his successor is in violation of this ordinance. A holder
of a permit shall notify any successor as to all or any portion of the land affected by the
approved plan of the conditions contained in the permit.
6. The Local Issuing Authority may reject a permit application if the applicant has
had two or more violations of previous permits or the Erosion and Sedimentation Act
permit requirements within three years prior to the date of the application, in light of
O.C.G.A. §12-7-7 (f) (1).
7. No permit shall be issued unless the applicant provides a statement by the
Richmond County Tax Commissioner certifying that all ad valorem taxes levied against
the property and due and owing have been paid.
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8. Approved ES&PC Plan is valid for two years from the date it was issued in
conjunction with the approved Site Plan or approved Development Plan. However, any
project that has not begun construction within one year of issuance of the Land
Disturbing Permit shall be required to submit an updated ES&PCP Plan for review and
approval. The updated ES&PCP Plan must be submitted 30 days prior to the anticipated
start of construction.
SECTION VI
INSPECTION AND ENFORCEMENT
A. The Augusta Engineering Department, as an extension of the Local Issuing Authority,
will periodically inspect the sites of land-disturbing activities for which permits have
been issued to determine if the activities are being conducted in accordance with the plan
and if the measures required in the plan are effective in controlling erosion and
sedimentation. Also, the Local Issuing Authority shall regulate primary, secondary and
tertiary permittees as such terms are defined in the state general permit. Primary
permittees shall be responsible for installation and maintenance of best management
practices where the primary permittee is conducting land-disturbing activities. Secondary
permittees shall be responsible for installation and maintenance of best management
practices where the secondary permittee is conducting land-disturbing activities. Tertiary
permittees shall be responsible for installation and maintenance where the tertiary
permittee is conducting land-disturbing activities. If, through inspection, it is deemed
that a person engaged in land-disturbing activities as defined herein has failed to comply
with the approved plan, with permit conditions, or with the provisions of this ordinance, a
written notice to comply shall be served upon that person. The notice shall set forth the
measures necessary to achieve compliance and shall state the time within which such
measures must be completed. If the person engaged in the land-disturbing activity fails
to comply within the time specified, he shall be deemed in violation of this ordinance.
1. Residential Construction of Individual Lots: The License and Inspection
Department will inspect for compliance with this Ordinance for residential construction
on individual lots. If a project is deemed not in compliance with the approved plot plan,
the contractor and builder will be issued a written notice to comply with the approved
plan. If the contractor/builder engaged in the land disturbing activity fails to comply
within the time specified, he shall be deemed in violation of this chapter.
B. The Local Issuing Authority must amend its ordinances to the extent appropriate within
twelve (12) months of any amendments to the Erosion and Sedimentation Act of 1975.
C. The Local Issuing Authority and Augusta Engineering Department, as an extension of the
LIA, shall have the power to conduct such investigations as it may reasonably deem
necessary to carry out duties as prescribed in this ordinance, and for this purpose to enter
at reasonable times upon any property, public or private, for the purpose of investigation
and inspecting the sites of land-disturbing activities.
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D. No person shall refuse entry or access to any authorized representative or agent of the
Local Issuing Authority and Augusta Engineering Department, as an extension of the
LIA, the Commission, the District, or Division who requests entry for the purposes of
inspection, and who presents appropriate credentials, nor shall any person obstruct,
hamper or interfere with any such representative while in the process of carrying out his
official duties.
E. The District or the Commission or both shall semi-annually review the actions of
counties and municipalities which have been certified as Local Issuing Authorities
pursuant to O.C.G.A. §12-7-8 (a). The District or the Commission or both may provide
technical assistance to any county or municipality for the purpose of improving the
effectiveness of the county’s or municipality’s erosion, sedimentation and pollution
control program. The District or the Commission shall notify the Division and request
investigation by the Division if any deficient or ineffective local program is found.
F. The Division may periodically review the actions of counties and municipalities which
have been certified as Local Issuing Authorities pursuant to §12-7-8 (a). Such review
may include, but shall not be limited to, review of the administration and enforcement of
a governing authority’s ordinance and review of conformance with an agreement, if any,
between the district and the governing authority. If such review indicates that the
governing authority of any county or municipality certified pursuant to O.C.G.A. §12-7-8
(a) has not administered or enforced its ordinances or has not conducted the program in
accordance with any agreement entered into pursuant to O.C.G.A. §12-7-7 (e), the
Division shall notify the governing authority of the county or municipality in writing.
The governing authority of any county or municipality so notified shall have 90 days
within which to take the necessary corrective action to retain certification as a Local
Issuing Authority. If the county or municipality does not take necessary corrective action
within 90 days after notification by the division, the division shall revoke the certification
of the county or municipality as a Local Issuing Authority.
SECTION VII
PENALTIES AND INCENTIVES
A. REVOCATION OF AUTHORIZATIONS TO CONDUCT BUSINESS:
If any person commences any land-disturbing activity requiring a land-disturbing permit
as prescribed in this ordinance without first obtaining said permit, the person shall be
subject to revocation of his business license, work permit or other authorization for the
conduct of a business and associated work activities within the jurisdictional boundaries
of the Local Issuing Authority.
B. STOP-WORK ORDERS:
1. For the first and second violations of the provisions of this ordinance, the Director
or the Local Issuing Authority shall issue a written warning to the violator. A notice may
be in any written form, including without limitation, a memo, letter, directive or citation
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to appear in Magistrate Court. The violator shall have five days to correct the violation.
If the violation is not corrected within five days, the Director or the Local Issuing
Authority shall issue a stop-work order requiring that land-disturbing activities be
stopped until necessary corrective action or mitigation has occurred; provided, however,
that, if the violation presents an imminent threat to public health or waters of the state or
if the land-disturbing activities are conducted without obtaining the necessary permit, the
Director or the Local Issuing Authority shall issue an immediate stop-work order in lieu
of a warning;
2. For a third and each subsequent violation, the Director or the Local Issuing
Authority shall issue an immediate stop-work order; and;
3. All stop-work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. All such stop work
orders shall be effective immediately upon issuance and shall be in effect until the
necessary corrective action or mitigation has occurred. Such stop work orders shall apply
to all land-disturbing activity on the site with the exception of the installation and
maintenance of temporary or permanent erosion and sediment controls.
4. When a violation in the form of taking action without a permit, failure to maintain
a stream buffer, or significant amounts of sediment, as determined by the Local Issuing
Authority or by the Director or his or her Designee, have been or are being discharged
into state waters and where best management practices have not been properly designed,
installed, and maintained, a stop work order shall be issued by the the Local Issuing
Authority or by the Director or his or her Designee without issuing prior written notices.
All such stop work orders shall be effective immediately upon issuance and shall be in
effect until the necessary corrective action or mitigation has occurred. Such stop work
orders shall apply to all land-disturbing activity on the site with the exception of the
installation and maintenance of temporary or permanent erosion and sediment controls.
C. BOND FORFEITURE:
If the Local Issuing Authority determines that a person engaged in land-disturbing
activities at a project where a Bond was required pursuant to Section V has failed to
comply with the approved plan, the party responsible for the securing the bond shall be
deemed in violation of this Ordinance and a written warning notice to comply shall be
served upon that person. The warning notice shall set forth the measures necessary to
achieve compliance with the plan and shall state the time within which such measures
must be completed. If the person engaged in the land-disturbing activity fails to comply
within the time specified, in addition to other penalities applicable under this Ordinance,
he shall be deemed to have forfeited his performance bond. The Local Issuing Authority
may call the bond or any part thereof to be forfeited and use the proceeds to hire a
contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
D. MONETARY PENALTIES:
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1. Any person who violates any provisions of this ordinance, oorr aannyy permit condition
or limitation established pursuant to this ordinance, or who negligently or intentionally
fails or refuses to comply with any final or emergency order of the Director issued as
provided in this ordinance shall be liable for a civil penalty not to exceed $2,500.00 per
day. For the purpose of enforcing the provisions of this ordinance, the Magistrate Court
of Richmond County is authorized under §O.C.G.A. 12-7-15 to impose penalty not to
exceed $2,500.00 for each violation. Each day during which violation or failure or
refusal to comply continues shall be a separate violation.
2. Under provision of this section, any person who continue to violate this
Ordinance, or knowingly and intentionally becoming a habitual violator on the same or
different site, will be liable for a civil penalty not to exceed $2,500.00 per day.
3. Penalties, less court costs, shall be returned to Augusta Georgia for depositing
into the NPDES account.
SECTION VIII
EDUCATION AND CERTIFICATION
A. Persons involved in land development design, review, permitting, construction,
monitoring, or inspection or any land-disturbing activity shall meet the education and
training certification requirements, dependent on their level of involvement with the
process, as developed by the commission in consultation with the division and the
stakeholder advisory board created pursuant to O.C.G.A. §12-7-20.
B. For each site on which land-disturbing activity occurs, each entity or person acting as
either a primary, secondary, or tertiary permittee, as defined in the state general permit,
shall have as a minimum one person who is in responsible charge of erosion and
sedimentation control activities on behalf of said entity or person and meets the
applicable education or training certification requirements developed by the Commission
present on site whenever land-disturbing activities are conducted on that site. A project
site shall herein be defined as any land-disturbance site or multiple sites within a larger
common plan of development or sale permitted by an owner or operator for compliance
with the state general permit.
C. Persons or entities involved in projects not requiring a state general permit but otherwise
requiring certified personnel on site may contract with certified persons to meet the
requirements of this ordinance.
D. If a state general permittee who has operational control of land-disturbing activities for a
site has met the certification requirements of paragraph (1) of subsection (b) of O.C.G.A.
§12-7-19, then any person or entity involved in land-disturbing activity at that site and
operating in a subcontractor capacity for such permittee shall meet those educational
requirements specified in paragraph (4) of subsection (b) of O.C.G.A §12-7-19 and shall
not be required to meet any educational requirements that exceed those specified in said
paragraph.
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SECTION IX
ADMINISTRATIVE APPEAL – JUDICIAL REVIEW
A. ADMINISTRATIVE REMEDIES:
The suspension, revocation, modification or grant with condition of a permit by the Local
Issuing Authority, or the issuance of a stop-work order, or the determination to call a
bond pursuant to this Ordinance upon finding that the holder is not in compliance with
the approved erosion, sedimentation and Pollution control plan, or that the holder is in
violation of permit conditions, or that the holder is in violation of any ordinance, shall
entitle the person submitting the plan or holding the permit to a hearing before the
Augusta Commission within 30 days after receipt by the Local Issuing Authority of
written notice of appeal. A notice of appeal pursuant to this subsection must be delivered
to the clerk of the Augusta Georgia Commission within 20 days of the denial, suspension,
revocation, unilateral modification, grant with a condition of a permit, or notice of calling
a bond by the Local Issuing Authority, of the issuance of a stop-work order pursuant to
this Ordinance.
B. JUDICIAL REVIEW:
Any person, aggrieved by a decision or order of the Local Issuing Authority, after
exhausting his administrative remedies, shall have the right to appeal denovo to the
Superior Court of Richmond County, Georgia.
SECTION X
EFFECTIVITY, VALIDITY AND LIABILITY
A. EFFECTIVITY:
This ordinance shall become effective on the _______ day of __________________,
2010; all Ordinance or part of ordinances in conflict with this Ordinance are hereby
repealed.
B. VALIDITY:
If any section, paragraph, clause, phrase, or provision of this ordinance shall be adjudged
invalid or held unconstitutional, such decisions shall not affect the remaining portions of
this ordinance.
C. LIABILITY:
1. Neither the approval of a plan under the provisions of this ordinance, nor the
compliance with provisions of this ordinance shall relieve any person from the
responsibility for damage to any person or property otherwise imposed by law nor
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impose any liability upon the Local Issuing Authority, Augusta, Georgia or District for
damage to any person or property.
2. The fact that a land-disturbing activity for which a permit has been issued results
in injury to the property of another shall neither constitute proof of nor create a
presumption of a violation of the standards provided for in this ordinance or the terms of
the permit.
3. No provision of this ordinance shall permit any persons to violate the Georgia
Erosion and Sedimentation Act of 1975, the Georgia Water Quality Control Act or the
rules and regulations promulgated and approved thereunder or pollute any Waters of the
State as defined thereby.
Attachment number 1
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Item # 47
AUGUSTA-RICHMOND COUNTY, GEORGIA N0.Pg-1/2
Expiration: / / _
LAND DISTURBING ACTIVITY PERMIT APPLICATION
MAILING ADDRESS Augusta Engineering Department
525 TELFAIR STREET PHONE: (706)821-1796 send a copy to: 522 Greene STREET, Augusta. GA 30901
AUGUSTA, GA 30901 FAX: (706)821-1806 PHONE: (706)821-1706 FAX: (706)821-1708
PROJECT NAME:
PROJECT ADDRESS:TAX MAP: BLOCK: LOT: _
PROJECT TYPE: ( ) COMMERCIAL ( ) MULTIFAMILY ( ) SUBDIV ( ) GOVT/INSTITUTION ( ) ROW ONLY ( ) S/F ( ) OTHER
ACTIVITY TYPE: ( ) CLEARING & GRUBBING ( ) GRADING ( ) DEVELOPMENT
TOTAL & DISTURBED PROJECT ACRES: PROPOSED DATE OF CONSTRUCTION: _
PROPERTY OWNER OF RECORD:PHONE NUMBER: _
MAILING ADDRESS: _STATE/ZIP _
APPLICANT:PHONE NUMBER: _
MAILING ADDRESS:STATE/ZIP _
PHONE# & FAX#EMERGENCY PHONE NUMBER: _
ENGINEERING FIRM:FIRM CONTACT PERSON: _
24-HOUR CONTACT NAME & GSWCC CERT. #:PHONE NUMBER: _
24-HOUR CONTACT CELL # & Email: _FAX NUMBER: _
In accordance with Augusta Georgia Code of Ordinance 6947,
Sec. V(D)(6). If a permit applicant has had two or more violations of a previous permit or the Soil Erosion, Sediment & Pollution Control Ordinance, or
the Georgia Erosion and Sedimentation Control Act, as amended, within three years prior to the date of filing of the application under consideration,
the County may deny application for a permit.
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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 xecution. For xecution. For xecution. For
information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks information reference this request contact engineering at ext 5070. Thanks
the County may deny application for a permit.
Sec. V(B)6 . The County may require the permit application to post a Performance Bond in the form of government security, cash, irrevocable letter of credit,
or any combination thereof up to, but not exceeding, $3,000.00 per acre or fraction thereof of the proposed land-disturbing activity, prior to issuing a permit.
If the applicant does not comply with this ordinance of with conditions of the permit after issuance, the county may call the bond or any part thereof to be
forfeited and may use the proceeds to hire a contractor to stabilize the site of the land-disturbing activity and bring it into compliance.
Sec. V(D)(5) The permit may be suspended, revoked, or modified by the county, as to all or any portion of the land effected by the plan, upon a finding that
the land disturbing activity is not in compliance with the approved erosion, sedimentation & pollution control plan or that the holder or his successor
is in violation of the Soil Erosion, Sediment & Pollution Control Ordinance . A holder of an LDA permit shall notify any successor as to all or any portion of
land covered by the LDA permit about the conditions and requirements of the permit.
I hereby certify that the information provided herein is true, correct and complete to the best of my knowledge. I further certify that I have read
the stipulations in this application and that I, and/or the entity I represent, as applicable, will be subject to these stipulations if a permit is issued.
Subscribed and Sworn before me on ______day of ______20_____
Date: / / _
Applicant Signature: Property Owner or Owner's Authorized Representative Notary Public Commission Expire
APPLICATION FEE: RECEIVED BY: APPLICATION DATE: / / _
APPLICATION: ( ) APPROVED ( ) APPROVED WITH CONDITIONS * ( ) DISAPPROVED
[Augusta Georgia Ordinance 6947: Sec V(B)(5)]
SPECIAL REQUIREMENTS:
1- This Permit is valid only after signed by both ARCPC Representative & AED Director (or designee).
2- E&SC Bond Required (irrevocable letter of credit) NO ( ) YES ( ) Amount $______________
3- No site work shall begin until after pre-construction meeting is held by the Augusta Engineering Department
4- A copy of filed NOI with proof of applied payment shall be submitted to AED prior to requesting pre-construction meeting
5- This permit is non transferrable
APROVAL CONDITIONS:
ARCPC REPRESENTATIVE Date COUNTY ENGINEER (or DESIGNEE)DATE
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ES&PC Plan Approval Date ____________ E&S Review N0.__________
Attachment number 2
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NOI FEE: NO ( ) YES ( ) PAID: YES( ) NO( ) DATE PAID: RECEIVED BY _
REQUIRED ATTACHMENTS: Approved Erosion, Sediment & Pollition Control Plan and Approved Development Plan
AUGUSTA-RICHMOND COUNTY, GEORGIA
LAND DISTURBING ACTIVITIES PERMIT APPLICATION Pg-2/2
General Conditions
(i) In accordance with the provision of the Augusta Georgia Soil Erosion, Sedimentation and Pollution Control Ordinance 6947 and the Rules of the
Georgia Department of Natural Resources, Chapter 391-3-7, Erosion and Sedimentation Control, both as amended, this permit is issued
for the land disturbing activity as described hereon and presented in the attached Approved Erosion, Sedimentation and Pollution Control Plan.
(ii) Projects that include the impoundment of water or the construction of a pond, the owner hereby agrees and does by these presents, indemnify
and hold harmless Augusta Georgia from and against any and all claims, demands, suites. Judgments, or chooses-in-action which may
be a third party against Augusta Georgia, as a result of the impoundment of water or the construction of a pond covered by this permit.
(iii) Applicant indemnifies and holds the Augusta Georgia and its officers, agents, and employees against any and all claims, damages,
demands, actions, causes of action, costs and expenses of whatsoever nature, which may result from any injury, death, loss or damage arises
out of the construction, operation, maintenance, repair, removal or relocation of the facilities covered by this permit.
(iv) Applicant is responsible for submitting all applicable plans, reports, and/or drawings.
(v) Applicant is responsible for obtaining any additional permits required by Georgia DOT, GA EPD, GA DNR, USACE &/or other government
agencies.
(vi) This permit is subject to modification or revocation on a finding of noncompliance with any of the provision of the Augusta Georgia Soil Erosion,
Sedimentation & Pollution Control Ordinance, and/or Erosion and Sedimentation Act of 1975, as amended, or any of the rules promulgated pursuant
thereto; or with any representation made on the attached thereto.
(vii) Unless otherwise exempted, person engaged in land-disturbing activities shall apply erosion, sedimentation and pollution control measures which
conform to the specifications contained in the current version of the "Manual for Erosion and Sediment Control in Georgia" (also known as the
"Green Book") published by State Soil and Water Conservation Commission.
(viii) This permit is effective until completion of the aforementioned land disturbing activity. However, if the land disturbing activity does not
commence within twenty-four (24) months from date issued, this permit will become null and void.
General Notes
(i) Provide copy of NOI and associated Fee Payment Prior to Pre-construction meeting held by Augusta Engineering Department
(ii) Submit Notice of Termination by State General Permit by return receipt certified mail (or similar) service) to the
(ii) Submit Notice of Termination by State General Permit by return receipt certified mail (or similar) service) to the
approprate EPD District Office and a copy to the Augusta Engineering Department
(iii) Lot(s) development/construction in a Common Development (Subdivision), Submit Notice of Inetent and Termination as Secondary Permittee by
State General Permit by return receipt certified mail (or similar) service) to the approprate EPD District Office and
a copy to the Augusta Engineering Department.
Attachment number 2
Page 2 of 2
Item # 47
Commission Meeting Agenda
11/16/2010 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the Commission
held November 4, 2010, and Special Called (legal) meeting held
November 8, 2010.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 48
Commission Meeting Agenda
11/16/2010 5:00 PM
2011 Budget Adoption
Department:
Caption:Motion to approve the adoption of the proposed 2011 Augusta-Richmond
County Budget.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Item # 49
Commission Meeting Agenda
11/16/2010 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
Item # 50