HomeMy WebLinkAbout2011-01-18-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
1/18/2011
5:00 PM
INVOCATION:
Rev. Melvin Lowry, Pastor, Belle Terrace Presbyterian Church.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
RECOGNITION(S)
Employee of the Month
A. Ms. Natasha McFarley, Administrative Assistant for Mayor Deke Copenhaver.
Attachments
Employee of the Year
B. Sgt. Perry Fogle, Richmond County Sheriff's Department,
Attachments
CONSENT AGENDA
(Items 1-5)
PLANNING
1. Z-11-01 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the condition that there be no outside storage of
materials, products or supplies; a petition by Campbell Recycling requesting a Special
Exception in an HI (Heavy Industry) Zone to establish a recycling center per Section
24-2 (16) of the Comprehensive Zoning Ordinance for Augusta-Richmond County
affecting property containing approximately 2.58 acres and known as 250 Dan
Bowles Road. (Tax Map 087-2-122-01-0) DISTRICT 2
Attachments
2. Z-11-02 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Richard A. Rezzelle, on behalf of Edward L.
Oetjen, requesting a change of zoning from Zone R-1 (One-family Residential) to
Zone A (Agriculture) affecting property containing approximately 38 acres and
known as 3816 Byrd Road. (168-0-067-05-0) DISTRICT 6
Attachments
3. Z-11-03 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve with the following conditions 1) use of the property is for the
manufacture of food products only; 2) should there cease to be a valid business
license the 1 acre shall revert to R-1 zoning; and 3) there shall be no signage; a
petition by Nevin Strite requesting a change of zoning from Zone R-1 (One-family
Residential)) to Zone B-2 (General Business) affecting property containing
approximately 1 acre and that is part of 4580 Peach Orchard Road. (Part of Tax
Map 298-0-013-01-0) DISTRICT 8
Attachments
4. Z-11-05 – A request for concurrence with the Augusta Richmond County Planning
Commission to approve a petition by Mark Johnson, on behalf of Augusta Solid
Waste, requesting a change of zoning from Zone A (Agriculture) to Zone LI (Light
Industry) affecting property containing approximately 24 acres located on the
southeast corner of the intersection of Deans Bridge Road and Birdwell Road
and known as 4260 Deans Bridge Road and multiple addresses on Birdwell Road.
(Tax Map 163-0; multiple parcels, a complete list is available at the Planning
Commission office) DISTRICT 8
Attachments
PETITIONS AND COMMUNICATIONS
5. Motion to approve the minutes of the regular meeting of the Commission held
January 4, 2011.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
1/18/2011
AUGUSTA COMMISSION
REGULAR AGENDA
1/18/2011
(Items 6-32)
PLANNING
6. Z-11-04 – A request for concurrence with the Augusta Richmond County Planning
Commission to deny a petition by Larry McCord, on behalf of Clifton Michael
Hunter, requesting a change of zoning from Zone P-1 (Professional) to Zone B-1
(Neighborhood Business) affecting property containing .72 acres and known as 3879
Belair Road. (Tax Map 052-0-014-00-0) DISTRICT 3
Attachments
PUBLIC SERVICES
7. New Application: A. N. 11 - 01: A request by William E. Williamson for a retail Attachments
package Beer & Wine license to be used in connection with Aficionados, LLC located
at 307 Eighth St. District 1. Super District 9.
8. New Ownership Application: A. N. 11 - 02: A request by Daryl S. Hawthorne for an
on premise consumption Liquor, Beer & Wine license to be used in connection with
Club Premiere located at 3054 Damascus Rd. There will be Dance. District 5. Super
District 9.
Attachments
9. New Ownership Application: A. N. 11 - 03: A request by Brad Parker for an on
premise consumption Beer license to be used in connection with Forest Hills Golf
Club located at 1500 Comfort Rd. There will be Sunday Sales. District 3. Super
District 10.
Attachments
10. New Ownwership Application: A. N. 11 - 04: A request by Melissa Winter for an on
premise consumption Liquor, Beer & Wine license to be used in connection with
Thu's Rub It Inn Lounge located at 2706 Gordon Hwy. There will be Dance. District
3. Super District 10.
Attachments
11. Motion to approve Renaissance Marketing as the Bus and Shelter Advertiser for
Augusta Public Transit. The contract is for three (3) years with two one year option
renewal. (Approved by Public Services Committee December 13, 2010)
(Referred from December 21 Commission meeting)
Attachments
12. Motion to approve an ordinance to amend the Augusta, Georgia Code Title Six
Section 6-2-76 relating to distance between locations of package stores from 1½ mile
to 500 yards.
Attachments
13. Motion to approve the renewal of a lease of property at Wood St. Park with Augusta
Rugby Club.
Attachments
14. Motion to accept and approve a State of Georgia DOT grant for phase 1 rehabilitation
of runway 17-35 at Augusta Regional Airport in the amount of $21, 961.00.
Attachments
ADMINISTRATIVE SERVICES
15. Motion to approve personnel policy and procedures manual.
Attachments
16. An Ordinance to amend the Augusta, Georgia Code, Article One, Chapter Attachments
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.
17. 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.
Attachments
18. Motion to approve an Ordinance to amend the Augusta, GA Code Title Two Sections
1-7-11 through 1-7-21 to amend the personnel system; to repeal all code sections and
ordinances and parts of the code sections and ordinances in conflict.
Attachments
19. Update from the Housing and Community Development Department regarding the
request from Ms. Elizabeth Jones, Executive Director, Shiloh Community Center,
for funding from the ARC Housing and Community Development Department.
(Referred from January 4 Commission meeting)
Attachments
FINANCE
20. Approve request from the Augusta Regional Airport and Augusta Aviation
Commission to purchase three (3) multi-purpose use vehicles for designated
departments.
Attachments
21. Approve the replacement of 44 public safety vehicles using Sales Tax Funds as
approved in the Sales Tax Referendum for Phase VI.
Attachments
22. Approve Implementation of Furlough Reduction for 2011, approve selected dates for
building closure, and to declare those dates "unpaid days of rest" in accordance with
O.C.G.A. 36-1-12 and 15-6-93.
Attachments
23. Approve property insurance coverage for 2011 offered through Affiliated FM
Insurance for a premium of $ 290,860 on a $ 50,000 deductible per occurrence policy
($100,000 deductible on flood, earthquake and Fort Gordon property). Breakdown on
quote: $272,860 property coverage, $10,000 engineering fee and $8,000 terrorism
coverage. Quote is based on property values of $580,000,000 as of 10/30/10.
Attachments
Premium represents a cost of $0.05 per $100 in property value.
24. Consider a request for reconsideration due to his absence from the country from Dr.
M. H. Shekastehband regarding the denial of his request for credit for fees and
interest concerning property located on Hampton Drive. (Disapproved in December
21 Commission meeting)
Attachments
25. Approve the continuation of the GPS tracking subscription service for 450 units
installed on Augusta vehicles.
Attachments
ENGINEERING SERVICES
26. Motion to award bid to Harris Trucking and Construction, (Low Bidder) in the
amount of $29,500 for the removal of 160' x 36" failed corrugated metal pipe (CMP),
two concrete storm boxes, and removal and replacement of fences at Burning Tree
Lane. The failed CMP will be replaced with HDPE.
Attachments
27. Award contract for construction of Lombard Mill Pond Trails pursuant to a Georgia
Recreational Trails Grant.
Attachments
28. Approve the selection committee’s recommendation to select Alternative
Construction & Environmental Solutions, Inc. to provide Environmental Engineering
Services for the Augusta, Georgia Municipal Building Renovations and
Modernization.
Attachments
29. Motion to approve the revised Tree Ordinance as requested by a petition by the
Augusta Richmond County Tree Commission.
Attachments
30. Authorize the execution of an agreement with the U. S. Department of the Interior U.
S. Geological Survey (USGS) for the operation, modeling, and analyzing of
monitoring wells to investigate water levels and water quality for Augusta’s
Groundwater Production Facilities in the amount not to exceed of $89,412.
Attachments
ATTORNEY
31. Motion to approve 2011 Budget Resolution.
Attachments
LEGAL MEETING
Upcoming Meetings
www.augustaga.gov
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
32. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Commission Meeting Agenda
1/18/2011 5:00 PM
Invocation
Department:
Caption:Rev. Melvin Lowry, Pastor, Belle Terrace Presbyterian Church.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/18/2011 5:00 PM
Employee of the Month
Department:
Caption:Ms. Natasha McFarley, Administrative Assistant for Mayor Deke
Copenhaver.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Commission Meeting Agenda
1/18/2011 5:00 PM
Employee of the Year
Department:
Caption:Sgt. Perry Fogle, Richmond County Sheriff's Department,
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Commission Meeting Agenda
1/18/2011 5:00 PM
Z-11-01
Department:Planning Commission
Caption: Z-11-01 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve with the condition that there be no outside
storage of materials, products or supplies; a petition by Campbell Recycling
requesting a Special Exception in an HI (Heavy Industry) Zone to establish
a recycling center per Section 24-2 (16) of the Comprehensive Zoning
Ordinance for Augusta-Richmond County affecting property containing
approximately 2.58 acres and known as 250 Dan Bowles Road. (Tax Map
087-2-122-01-0) DISTRICT 2
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/18/2011 5:00 PM
Z-11-02
Department:Planning Commission
Caption: Z-11-02 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve a petition by Richard A. Rezzelle, on
behalf of Edward L. Oetjen, requesting a change of zoning from Zone R-1
(One-family Residential) to Zone A (Agriculture) affecting property
containing approximately 38 acres and known as 3816 Byrd Road. (168-0-
067-05-0) DISTRICT 6
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/18/2011 5:00 PM
Z-11-03
Department:Planning Commission
Caption: Z-11-03 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve with the following conditions 1) use of
the property is for the manufacture of food products only; 2) should there
cease to be a valid business license the 1 acre shall revert to R-1 zoning;
and 3) there shall be no signage; a petition by Nevin Strite requesting a
change of zoning from Zone R-1 (One-family Residential)) to Zone B-2
(General Business) affecting property containing approximately 1 acre and
that is part of 4580 Peach Orchard Road. (Part of Tax Map 298-0-013-01-
0) DISTRICT 8
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/18/2011 5:00 PM
Z-11-04
Department:Planning Commission
Caption:Z-11-04 – A request for concurrence with the Augusta Richmond County
Planning Commission to deny a petition by Larry McCord, on behalf of
Clifton Michael Hunter, requesting a change of zoning from Zone P-1
(Professional) to Zone B-1 (Neighborhood Business) affecting property
containing .72 acres and known as 3879 Belair Road. (Tax Map 052-0-014-
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
Commission Meeting Agenda
1/18/2011 5:00 PM
Z-11-05
Department:Planning Commission
Caption: Z-11-05 – A request for concurrence with the Augusta Richmond County
Planning Commission to approve a petition by Mark Johnson, on behalf of
Augusta Solid Waste, requesting a change of zoning from Zone A
(Agriculture) to Zone LI (Light Industry) affecting property containing
approximately 24 acres located on the southeast corner of the intersection of
Deans Bridge Road and Birdwell Road and known as 4260 Deans Bridge
Road and multiple addresses on Birdwell Road. (Tax Map 163-0; multiple
parcels, a complete list is available at the Planning Commission office)
DISTRICT 8
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/18/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:New Application: A. N. 11 - 01: A request by William E. Williamson for a
retail package Beer & Wine license to be used in connection with
Aficionados, LLC located at 307 Eighth St. District 1. Super District 9.
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 fee of $1210.00.
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
Attachment number 1Page 1 of 2
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Commission Meeting Agenda
1/18/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 11 - 02: A request by Daryl S.
Hawthorne for an on premise consumption Liquor, Beer & Wine license to
be used in connection with Club Premiere located at 3054 Damascus Rd.
There will be Dance. District 5. Super District 9.
Background:This is a new ownership application. Formerly in the name of Keith
Douglas.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $ $4,345.00.
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
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
1/18/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownership Application: A. N. 11 - 03: A request by Brad Parker for
an on premise consumption Beer license to be used in connection with
Forest Hills Golf Club located at 1500 Comfort Rd. There will be Sunday
Sales. District 3. Super District 10.
Background:This is a new ownership application. Formerly in the name of Kathy Walker.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1815.00.
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
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
1/18/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:New Ownwership Application: A. N. 11 - 04: A request by Melissa Winter
for an on premise consumption Liquor, Beer & Wine license to be used in
connection with Thu's Rub It Inn Lounge located at 2706 Gordon Hwy.
There will be Dance. District 3. Super District 10.
Background:This is a new ownership application. Formerly in the name of Thu Starkey.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4345.00.
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
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
1/18/2011 5:00 PM
Augusta Public Transit Advertising
Department:Augusta Public Transit
Caption:Motion to approve Renaissance Marketing as the Bus and Shelter Advertiser
for Augusta Public Transit. The contract is for three (3) years with two one
year option renewal. (Approved by Public Services Committee December
13, 2010) (Referred from December 21 Commission meeting)
Background:A bid request for RFP Item #10-154 (Request For Proposals) for
Professional Transit Advertising was issued on July 13, 2010, with the RFP
due to Procurement on August 20, 2010. Two proposals were received; the
evaluation committee met on August 31, 2010 and found neither company
met the qualifications. The bid request for RFP Item #10-154A was re-
issued on September 14, 2010, with the RFP due to Procurement on October
7, 2010. Two proposals were received; the evaluation committee met on
October 15, 2010 and found that Renaissance Marketing met the
qualifications.
Analysis:Support of the agenda will give Augusta Public Transit the opportunity to
move forward with its advertising on the buses and shelters.
Financial Impact:Continuing revenue for Augusta Public Transit.
Alternatives:None.
Recommendation:To approve Renaissance Marketing as the advertiser for APT.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 7
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Commission Meeting Agenda
1/18/2011 5:00 PM
Ordinance to amend the distance between locations of Package Stores
Department:Law
Caption:Motion to approve an ordinance to amend the Augusta, Georgia Code Title
Six Section 6-2-76 relating to distance between locations of package stores
from 1½ mile to 500 yards.
Background:Augusta, Georgia Code Section 6-2-76 was amended in April 2008 to
provide for an exception to the 1½ mile distance for hardship reasons. The
distance of 500 yards is consistent with current State Law.
Analysis:
Financial Impact:
Alternatives:Deny Motion
Recommendation:Approve Motion
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 3
Attachment number 1Page 2 of 3
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Commission Meeting Agenda
1/18/2011 5:00 PM
Renewal of lease Augusta Rugby Club
Department:Recreation and Parks
Caption:Motion to approve the renewal of a lease of property at Wood St. Park with
Augusta Rugby Club.
Background:The Augusta Commission approved a ten(10) year lease in December of
2000 with Augusta Rugby Club for the purpose of enhancing the sport of
rugby in Augusta. The club has constructed a first class playing facility on
the property with their own funds and resources.
Analysis:The renewal of the lease for an additional ten(10) years will allow the rugby
club to continue offering the sport at a quality venue in Augusta.
Financial Impact:None
Alternatives:None
Recommendation:To approve
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
STATE OF GEORGIA
RICHMOND COUNTY
LEASE RENEWAL
THIS LEASE RENEWAL AGREEMENT, made and entered into, this _______ day of
__________________________________________________ , by
AUGUSTA, GEORGIA, a political subdivision of the State of Georgia, hereinafter called
"Lessor," and the AUGUSTA RUGBY CLUB, INC., a non-profit association under the laws of
Georgia, hereinafter called "Lessee."
WITNESSETH
WHEREAS, Lessor is the owner of real property more particularly described in Exhibit
"A" attached hereto and incorporated herein by reference, which is located on Wood Street in
Augusta, Richmond County, Georgia; and
WHEREAS, Lessor wishes to lease to Lessee, and Lessee desires to lease from Lessor,
said property; and
WHEREAS, Lessee wishes to provide recreational rugby on said property.
WHEREAS, Lessee has leased said property from Lessor for an initial term of ten(10) years,
from December 2000 until December 2010 as approved by the Augusta Commission on
December 5th, 2000, to include an option to renew for two additional ten (10) year terms,
NOW THEREFORE, the parties hereto, for and in consideration of the mutual promises
herein contained, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, DO HEREBY AGREE, each for itself and its successors and assigns, as
follows:
1. Leased Premises. Lessor, duly authorized, does hereby lease unto Lessee, and the
Lessee does hereby lease and obtain for the purposes herein set forth from the Lessor, for
Lessee's exclusive use, the area described in the attached Exhibit "A" (hereinafter called the
"Leased Premises.") "Leased Premises" shall also include any changes, additions, alterations,
modifications and/or improvements on or to the Leased Premises made in accordance with this
Lease Agreement.
2. Term. Lessor hereby rents, leases and lets unto Lessee, and Lessee hereby rents and
leases from Lessor, the Leased Premises, for the rental and upon and subject to the terms and
conditions set forth herein, for an additional(renewal) term of ten (10) years, commencing upon
the execution of this Agreement by all parties. Lessee shall have the option to renew the
lease for two additional ten (10) year terms.
This Lease shall create a usufruct only and not an estate for years.
Attachment number 1Page 1 of 7
rental payment.
4. Utilities. Lessee shall pay all charges for electricity, gas, water, sewer service, sewer
treatment, telephone and any other communication or utility service used in or rendered or
supplied to the Leased Premises throughout the term of this Agreement and shall indemnify
Lessor and hold it forever harmless against any and all liability or damages related thereto.
5. Use of the Leased Premises. Lessee shall use the Leased Premises only
for the purpose of providing a place for recreational rugby practice and competition.
6. Repairs and Maintenance. Lessee shall maintain the exterior surfaces of any buildings
on the Leased Premises, including any changes, additions, alterations, modifications and/or
improvements made by Lessee as provided in Section 8 hereof, normal wear and tear excepted.
The Lessee shall keep the Premises neat, clean, free of trash and in good and well maintained
condition with an attractive appearance.
7. Changes, Additions, Alterations, Modifications, Improvements. Lessee shall not
without prior written consent of Lessor, make any changes, additions, alterations, modifications
and/or improvements, structural or otherwise, in or upon any part of the Leased Premises. The
foregoing shall apply to any exterior signs, notices, placement of machinery or equipment either
attached or placed outside of the Leased Premises. Lessee agrees to submit any and all plans for
any changes, additions, alterations, modifications and/or improvements to the Leased Premises to
Lessor for approval before said alterations, changes or additions are begun. Lessor shall not
unreasonably withhold its approval of said plans.
8. Title to Changes, Additions, Alterations, Modifications, Improvements. It is mutually
understood and agreed that title to any changes, additions, alterations, modifications and/or
improvements, whether existing on the Leased Premises at the effective date of this Agreement
or added to the Leased Premises during the term of this Agreement, and to all of the building and
structures and all other improvements of a permanent character that may be built upon the
Leased Premises by the Lessee during the term of the Agreement shall remain the property of the
Lessor and that fee simple title to the same shall be vested in Lessor.
9. Inspection by Lessor. Lessor, its authorized agents or representatives shall
have the right to enter upon the Leased premises to make inspections during regular
business hours when a representative of the Lessee is present, or at any time in case of
an emergency to determine whether Lessee has complied with and is complying with
the terms and conditions of this Agreement; provided, however, that said inspection
shall in no event unduly disrupt or interfere with the operation of Lessee. Any deficiencies
noted during the inspection shall be corrected in thirty (30) days.
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10. Taxes. Lessee shall pay any and all personal property taxes that may be assessed
against its equipment, merchandise, or other property located on or about the Leased Premises
and any franchise fees or other taxes which may be imposed or assessed against Lessee or its
leasehold interest.
11. Rules and Regulations. Lessee agrees that use of the Leased Premises shall be
conducted in compliance with all local, state and federal laws, the ordinances of Augusta,
Georgia, and the rules and regulations of the Augusta-Richmond County Commission. Lessee
further agrees to endeavor to conduct its business in such a manner as will develop and maintain
the good will and active interest of the general public.
In the operation of the facilities, it is the intent of the parties that Lessee shall
be covered under the Volunteer Protection Act of 1997, 42 U.S.C. §14501, et seq.
Lessee specifically agrees that its operations shall be conducted in compliance
with all federal, state and local environmental laws, rules and regulations, and agrees to
indemnify and hold harmless Lessor (and each of Lessor's elected officials, officers, agents,
employees and representatives), from and against any claims, actions, demands or liabilities of
any kind arising out of or relating to Lessee's use of the Leased Premises.
12. Indemnity; Insurance. Lessee agrees to indemnify and hold harmless Lessor from
any and all claims in any way related to or arising out of any failure of Lessee to perform its
obligations hereunder or related to or arising out of any damage or injury to property or persons,
occurring or allegedly occurring in, on or about the Leased Premises during the period from the
date of this agreement to the end of the Lease Term, including reasonable attorney's fees and
expenses of litigation incurred by Lessor in connection therewith. Lessee further agrees that the
foregoing agreement to indemnify and hold harmless applies to any claims for damage or injury
to itself and/or any individuals employed or retained by it in connection with any changes,
additions, alterations, modifications and/or improvements made to the Leased Premises, and
hereby releases Lessor from liability in connection with any such claims.
Without limiting the foregoing, Lessee further agrees to maintain at all times
during said period, at Lessee's expense, comprehensive and general public liability insurance
coverage against claims for personal injury, death and/or property damage occurring in
connection with the use and occupancy of the Leased Premises or arising out of their ownership,
improvement, repair or alteration of the Leased Premises with limits of coverage of not less than
$1,000,000.00 per occurrence.
The cost of premiums for all policies of insurance required by this Lease
Agreement shall be paid by Lessee. Policies shall be jointly in the names of Lessor and Lessee,
and duplicate copies of the policies shall be delivered to Lessor.
All policies providing insurance coverage required to be maintained by Lessee
hereunder shall list Lessor, the Augusta-Richmond County Commission and its Mayor, Lessee
3
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and their officers, agents, members, employees and successors as named insureds, as their
interests may appear, and shall be issued by an insurance carrier or carriers licensed to do
business in the State of Georgia and reasonably acceptable to Lessor. All such policies shall
provide that no act or omission of Lessee or its agents, servants, or employees shall in any way
invalidate any insurance coverage for the other named insureds. No insurance policy providing
any insurance coverage required to be provided by Lessee hereunder shall be cancelable without
at least 15 days advance written notice to Lessor. All insurance policies required hereunder, or
copies thereof, shall be provided to Lessor by Lessee.
13. Assignments. Lessee shall not, without the prior written consent of the
Lessor, assign this Lease or any interest thereunder, sublet the Leased premises or any
part thereof or permit the use of the Leased premises by any party other than Lessee.
Any consent to one assignment or sublease shall not destroy or waive this provision, and
all later assignments and subleases shall likewise be made only upon prior written consent
of the Lessor. Subtenants or assignees shall become liable directly to the Lessor for all
obligations of Lessee, without relieving Lessee's liability.
14. Default. In the event that Lessee should fail to observe any of its covenants
and obligations as herein expressed or should Lessee abandon the Premises or cease to
use the Leased Premises for rugby as herein provided, then upon the happening of such
event, Lessor shall give Lessee thirty (30) days' notice to comply with the provisions of
this Lease Agreement, or if the conditions cannot be remedied with said thirty (30) day
period to commence the remedy within said thirty (30) day period and diligently pursue it to
completion; and should Lessee fail to do so, Lessor shall have the option to declare this
Lease Agreement terminated and at once take possession of the Leased Premises.
The rights and options given to Lessor under this Paragraph 14 shall not be
construed to in lieu of, nor restrictive of, any other rights which Lessor may have under the law
for the enforcement of this Lease Agreement.
The failure of Lessor to avail itself of any remedy which it may have hereunder
shall at no time be construed to a waiver of Lessor's rights.
15. Quiet Enjoyment, Ingress and Egress. Lessor covenants and warrants that Lessee,
so long as it shall perform the duties and obligations herein agreed to be performed by it,
shall peaceably and quietly have, hold and occupy and shall have the exclusive use and
enjoyment of the Leased Premises during the term of this Lease Agreement and any
extensions thereof
16. Leased Premises accepted "as-is." Lessee acknowledges and agrees that he has
inspected the Leased Premises prior to his execution of this Lease Agreement, that he is
aware of the condition of the Leased Premises as of the date of execution of this Lease
Agreement, and Lessee leases the Leased Premises "as-is."
4
Attachment number 1Page 4 of 7
D. Miscellaneous.
17.1 Notices. All notices, demands, and requests which may or are required to
be given by either Lessor or Lessee to the other shall be in writing and shall be deemed to have
been properly given when sent postage pre-paid by registered or certified mail (with return
receipt requested) addressed as follows:
If intended for Lessee:
Augusta Rugby Club, Inc.
P. 0. Box 12273
Augusta, Ga. 30919
If intended for Lessor:
AUGUSTA-RICHMOND COUNTY COMMISSION
C/O COUNTY ADMINISTRATOR
EIGHTH FLOOR, MUNICIPAL BUILDING
AUGUSTA, GA 30901.
Either party may change the address and name of addressee to which subsequent
notices are to be sent by notice to the other given as aforesaid.
17.2 Exculpation; Indemnity. Wherever in this Agreement Lessor's liability is
limited, modified or exculpated or Lessee agrees to indemnify or hold Lessor harmless or have
Lessor named as an additional insured, the term Lessor shall mean and include the Augusta-
Richmond County Commission (including its Mayor) and its members, officers, elected officials,
agents, servants, employees and successors in office.
17.3 Covenants Bind and Benefit Successors and Assigns. The provisions of
this Agreement shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and permitted assigns; provided, however, that no one shall have any
benefit or acquire any rights under this Agreement pursuant to any conveyance, transfer, or
assignment in violation of any of its provisions.
173 Governing Law. This Agreement shall be governed and interpreted by
the laws of the state of Georgia.
17.4 Venue. All claims, disputes and other matters in question between all
parties arising out of or relating to this agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. All parties, by executing this Agreement,
Attachment number 1Page 5 of 7
specifically consent to venue and jurisdiction in the Richmond County and waive any right to
contest venue in the Superior Court of Richmond County, Georgia.
18. Entire Agreement. This Agreement contains the entire agreement of the parties, and
no representations, inducements, promises or agreements, oral or otherwise, between the parties
not embodied herein shall be of any force or effect. No failure of either party to exercise any
power given it hereunder, or to insist upon strict compliance by either party of any obligations
hereunder, and no custom or practice of the parties at variance with the terms hereof shall
constitute a waiver of either party's right to demand exact compliance with the terms hereof.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed,
the day and year first above written.
AUGUSTA GEORGIA, by and through the
Augusta-Richmond County Commission
By: Mayor
Attest ___________________________
Clerk
AUGUSTA RUGBY CLUB
By: _____________________________
As its President
By: _____________________________
As its Secretary
6
Attachment number 1Page 6 of 7
EXHIBIT "A"
Augusta-Richmond County
WOOD STREET PARK
200 WOOD STREET
AUGUSTA, GEORGIA
EXHIBIT "A"
Attachment number 1Page 7 of 7
Commission Meeting Agenda
1/18/2011 5:00 PM
State DOT Grant - Phase 1 Rehabilitation Runway 17-35
Department:Augusta Regional Airport
Caption:Motion to accept and approve a State of Georgia DOT grant for phase 1
rehabilitation of runway 17-35 at Augusta Regional Airport in the amount of
$21, 961.00.
Background:The Augusta Aviation Commission accepted and executed FAA AIP grant
#3-13-0011-033-2010 on September 24, 2010, in the amount of
$13,775,000.00 for the rehabilitation of runway 17-35 at the Augusta
Regional Airport. The State of Georgia Division of Aviation Department of
Transportation, did not have the 5% match for the project as originally
programmed. This was caused primarily by the project estimate increasing
from an original $5 million for a simple runway overlay to a $14 million
runway rebuild and resulted in a significant budget shortfall for the State.
After discussions with the head of the Aviation Division Carol Comer, she
was able to break the project into phases for their programming purposes
and fund the project incrementally to stay within the States Fiscal Year
Budget.
Analysis:The States Grant Project # APO11-9000-43(245) is in the amount of
$21,961.00 as applied against $834,519.53 of Federal AIP funding and will
carry them and our project into the States new fiscal year where the
remainder of the match can be programmed.
Financial Impact:The States Grant Project # APO11-9000-43(245) is in the amount of
$21,961.00 as applied against $834,519.53 of Federal AIP funding and will
carry them and our project into the States new fiscal year where the
remainder of the match can be programmed.
Alternatives:Deny request.
Recommendation:Accept and approve the State of Georgia DOT Grant # APO11-9000-43
(245) in the amount of $21,961.00 for phase 1 construction of runway 17-35
rehabilitation project at the Augusta Regional Airport.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
1/18/2011 5:00 PM
Approve Personnel Policy and Procedures Manual
Department:Law
Caption:Motion to approve personnel policy and procedures manual.
Background:None
Analysis:None
Financial Impact:None
Alternatives:Denial of motion
Recommendation:Approval of motion
Funds are Available in
the Following
Accounts:
None
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/18/2011 5:00 PM
Motion to approve 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
Department:Law
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.
Background:See attached.
Analysis:See Attached.
Financial Impact:N/A.
Alternatives:N/A.
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. A new Chapter ten is hereby inserted to replace the repealed
Code Chapter ten DVVHWIRUWKLQ³([KLELWA´KHUHWR
Attachment number 1Page 1 of 3
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 ___________, 2011.
___________________________
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_________________, 2011 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 3
Exhibit A
Attachment number 1Page 3 of 3
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.
Page 2 of 113
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.
Page 3 of 113
Sec. 1-10-73. Local small business opportunities program participation
Sec. 1-10-74. Exceptions – federally funded projects
Sec. 1-10-75. Citizen’s Small Business Advisory Board
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. Board of Commissioner’s initiated debarment
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.
Page 4 of 113
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 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. DBE bidder’s list for DOT-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.
Page 5 of 113
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
Page 6 of 113
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
Page 7 of 113
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 ascertains 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 shall select the bid from within
the local market area, except that 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
Page 8 of 113
(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.
Page 9 of 113
(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–made Preference must be placed in the vendor’s
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.
Page 10 of 113
(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 authority.
(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;
(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
authorized by the Mayor or the Mayor’s designee, in accordance with
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:
“The vendor or contractor or firm warrants that it has not employed or
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
amount of such fee, commission, percentage, gift or consideration.”
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
contractor, including the disbarment or suspension from a vendor’s
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
promote free and open competition in satisfying the using agency’s needs and shall
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.
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(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,
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(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,
additions or other changes in the configuration or structure of the offeror’s
teams or members of the offeror’s team.
(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 Opportunities Program (“LSBOP”).
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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’s
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, Georgia’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 Augusta, Georgia’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
the appointees is maintained in the Clerk of Commission’s Office and
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
contractor’s solicitations for subcontractors and suppliers.
(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
gross income, plus “cost of goods sold” as these terms are defined or
reported on Internal Revenue Service (IRS) Federal tax return forms;
Form 1120 for corporations; Form 1120S for Subchapter S
corporations; Form 1065 for partnerships; and Form 1040, Schedule
F for farm or Schedule C for sole proprietorships.
(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
relating to the bidder’s conduct prior to submission of a bid as well as
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
fifty thousand dollars ($750,000). An individual’s Personal Net
Worth does not include the individual’s ownership interest and the
individual’s equity in his or her primary place of residence. An
individual’s Personal Net Worth includes his or her share of assets
held jointly with the individual’s spouse. Property held by the
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’s bidding process by 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.
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(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’s goals set forth under this
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’s Local Small Business Opportunities
Program requires prior registration or evidence of current certification of a
Local Small Business in order to count the participation of that Local Small
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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) The firm’s three (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
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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
for the program. Failure to do so may result in the firm’s de-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
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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
event shall a firm’s participation in the program extend 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.
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(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’ gross revenues in each of the previous
consecutive three (3) years exceed an average of $1.5 million;
(2) The net worth of any owner of 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 AUGUSTA, GEORGIA 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
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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-Discrimination Statement which shall affirm the bidder’s:
(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.
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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 that responds to the Bidder’s solicitation and each local
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:
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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
each Fiscal year, the Department’s annual list of projects, listing 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.
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(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’s directory. This will be
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
contractor’s failure are in within the contractor’s control. For
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.
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(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
the contractor’s reasonable 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’ Letter of Intent.
(ii) The local small business materially breaches its contract with
the contractor
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(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
contract for reasons not within the contractor’s reasonable
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
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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
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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:
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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
aspects of the program’s operations to assure that the 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.
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(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
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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
Commission’s Office and is incorporated herein by reference.
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.
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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.
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(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. 1-10-80. Board of Commissioner’s initiated debarment.
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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.
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(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.
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(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.
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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 Director’s decision is considered final and the award shall proceed.
Sec. 1-10-87. Notice of hearing.
If a timely appeal is filed by the protestor, the Procurement Director shall place the
protest on the agenda of the Administrative Services Committee. The Clerk of
Commission’s Office shall provide public notice of the Administrative Services
Committee Agenda as required by law. In addition, the Procurement Department
may, but is not required, to send to the protestor written notice of the time and
place of the hearing. Copies of such notice shall be sent to the Augusta, 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.
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(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. The Procurement Director’s decision is
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.
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The Commission’s decision regarding a Protest is the final step in the Appeals
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
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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:
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(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
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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 approved 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.
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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
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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.
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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
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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;
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
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
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) each subcontractor’s E-Verify
number as evidence of verification of compliance with O.C.G.A. § 13-
10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08
or a substantially similar form. All contractors shall further agree to
maintain records of such compliance and provide a copy of each such
verification to Augusta, Georgia at the time the subcontractor(s) is
retained to perform such physical services.
(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:
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.
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:
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
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;
Page 107 of 113
and whose management and daily 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;
Page 108 of 113
(e) To help remove barriers to the participation of DBEs in DOT, FTA and
other contracts covered by this program;
(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.
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.
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
contractor to the subcontractor within thirty (30) days after the subcontractor’s
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.
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 bidder’s list for DOT and FTA assisted contracts.
(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 bidder’s 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
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.
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.
Commission Meeting Agenda
1/18/2011 5:00 PM
Motion to Approve Proposal to Amend Augusta Georgia Charter Section 1-40, Regarding Equal Employment
Opportunity, Local Small Business and DBE Program
Department:Law
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.
Background:See attached.
Analysis:See attached.
Financial Impact:N/A.
Alternatives:Decline approval 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 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 1Page 1 of 7
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 _________________, 2011.
______________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1Page 2 of 7
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 1Page 3 of 7
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 1Page 4 of 7
(1995 Ga. Laws, p. 3648; 1996 Ga. Laws, p. 3607; 1997 Ga. Laws, p. 4024; 1997
Ga. Laws, p. 4690)
Attachment number 1Page 5 of 7
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 or such other person as
the Commission Directs by Resolution. The Director of the LSBOP 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) The &RPPLVVLRQVKDOOHVWDEOLVKD&LWL]HQV¶6PDOO%XVLQHVV Advisory Board
(CSBAB) to advise the Commission and the Director of the LSBOP on matters
pertaining to the LSBOP.
Attachment number 1Page 6 of 7
(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 1Page 7 of 7
Commission Meeting Agenda
1/18/2011 5:00 PM
Ordinance to amend Personnel System
Department:Law
Caption:Motion to approve an Ordinance to amend the Augusta, GA Code Title Two
Sections 1-7-11 through 1-7-21 to amend the personnel system; to repeal all
code sections and ordinances and parts of the code sections and ordinances in
conflict.
Background:Realligning terms of appointee(s) to correspond with the term of the appointing
commissioner(s), creating by-laws under which the personnel board shall
operate under, and other purposes
Analysis:On [DATE], the personnel board approved section 1-7-20 to include the power
to require current employee witnesses as identified by either party to attend and
participate in the board hearing with the threat of disciplinary action for failure
to attend and/or participate. However, due to operational concerns, we
recommend that section 1-7-20 maintain the current status of voluntary
participation for witnesses and have attached a version so reflecting.
Financial Impact:None
Alternatives:Approve sections 1-7-11 through 1-7-21 to amend the personnel system
INCLUDING the power to require current employee witnesses to attend and
participate in board hearings
Recommendation:Approve sections 1-7-11 through 1-7-21 to amend the personnel system
EXCLUDING the power to require current employee witnesses to attend and
participate in board hearings
Funds are Available in
the Following Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
1/18/2011 5:00 PM
Shiloh Community Center
Department:
Caption:Update from the Housing and Community Development Department
regarding the request from Ms. Elizabeth Jones, Executive Director, Shiloh
Community Center, for funding from the ARC Housing and Community
Development Department. (Referred from January 4 Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Commission Meeting Agenda
1/18/2011 5:00 PM
2010 Augusta Airport
Department:Finance, Fleet Management
Caption:Approve request from the Augusta Regional Airport and Augusta Aviation
Commission to purchase three (3) multi-purpose use vehicles for designated
departments.
Background:The Augusta Regional Airport requests the purchase of three Ford Expeditions as
multi- purpose vehicles for designated departments at the airport. These vehicles
will be utilized for various services and duties throughout the premises. The
departments included will be (1) the Marshal’s Department; (2) The Runway
Maintenance Department; and (3) the Fire Department. The new vehicles will update
the departments’ basic fleets while enabling them to expand their current services
and operate more efficiently. This request was approved by the Augusta Aviation
Commission. The approval letter is attached for review.
Analysis:The airport would like to utilize the Georgia State Bid Contract SWC# S-90795-A54
for the purchase of the vehicles. Allan Vigil Ford currently holds the award for this
particular state bid contract.
Financial Impact:The units will be purchased for $28,406.00 each using the GMA lease program, with
a total annual premium of $28,406.00 each year for 3 years.
Alternatives:1) Approve the request; 2)Disapprove the request; 3) Approve the request in part.
Recommendation:Approve request to purchase three multi-purpose vehicles for a total cost of
$85,218.00 using the GMA lease program.
Funds are Available in the
Following Accounts:631-00-0000-11-19114 GMA Lease Program
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 9
Attachment number 1Page 2 of 9
Attachment number 1Page 3 of 9
Attachment number 1Page 4 of 9
Attachment number 1Page 5 of 9
Attachment number 1Page 6 of 9
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Commission Meeting Agenda
1/18/2011 5:00 PM
2011 Sales Tax Public Safety
Department:Finance, Fleet Management
Caption:Approve the replacement of 44 public safety vehicles using Sales Tax Funds
as approved in the Sales Tax Referendum for Phase VI.
Background:In December of 2008, Fleet Management submitted a request to replace
public safety vehicles as part of the 2011 Sales Tax Referendum. This
referendum was passed which will provide 1.5 million for replacement
vehicles for Public Safety each year for 5 years. The standard pursuit and
transport vehicle for Public Safety is the Crown Victoria. Ford has
announced that the Crown Victoria will go out of production after 2011. We
were advised by the Fleet Sales Representative that we should put our order
in as soon as possible in that Ford would only produce a certain amount of
Crown Victoria’s for 2011. This information was passed to Finance
requesting information as to when funds from the 2011 Sales Tax might be
available. We were told that funds could be made available for the purchases
of the 2011 Crown Victoria’s in January 2011. In developing the Sales Tax
request, Fleet Management coordinated with each Public Safety Department
as to their needs and desires for the type and number of vehicles. This was
included as part of the initial request (detailed backup) to Finance for the
referendum. Fleet Management submitted an order in November 2010 for
38 vehicles for the Sheriff’s Office, 3 vehicles for the Marshal’s Office and
1 vehicle for the District Attorney’s Office. All vehicles are Crown
Victoria’s. Additional requests will be submitted once competitive pricing
has been established for other vehicles through individual bids from
Procurement or publishing of State Contract pricing.
Analysis:The purchase of public safety vehicles using Sales Tax funds will provide
greater flexibility to the Administrator in the use of Capital Outlay. The
purchase of new vehicles will also reduce the maintenance cost of public
safety vehicles which are outside of their “life cycle” . Currently within the
Sheriff’s Office there are 118 vehicles outside of their “life cycle” which is 4
years for a pursuit vehicle and 6 years for non-pursuit (Life cycle was
approved in April 2004 by the Commission). Vehicles going out of service
will be sold at auction . Pricing for the various configurations will be from
Bid 09-175. We have been informed by the vender that the pricing for the
vehicles remain the same for the 2011 models as it was for the 2010 models.
The tabulation sheet is attached for review.
Financial Impact:The 44 vehicles will be purchased for $1,207,611.00 from Bobby Jones Ford
(Bid 09-175) using Sales Tax funds (Phase VI). The detailed listing is
attached for review.
Cover Memo
Alternatives:1.Approve the request for the purchase of 44 vehicles. 2.Do not approve the
request.
Recommendation:Approve request to purchase 44 Crown Victoria’s for a total cost of
$1,207,611.00 and declare the vehicles to be replaced as surplus and
available for sale at auction.
Funds are Available in
the Following
Accounts:
Special Local Option Saled Tax Phase VI.
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Description Department Name Bid # Amount
11 Crown Victoria P71 Automobile (2304) District Attorney 09-175 21,637.00
11 Crown Victoria P71 Automobile (2293) Marshal 09-175 26,242.00
11 Crown Victoria P71 Automobile (2294) Marshal 09-175 26,242.00
11 Crown Victoria P71 Automobile (2295) Marshal 09-175 26,242.00
11 Crown Victoria P71 Automobile (2302) S/O-Civil 09-175 24,471.00
11 Crown Victoria P71 Automobile (2303) S/O-Civil 09-175 24,471.00
11 Crown Victoria P71 Automobile (2261) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2262) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2263) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2264) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2265) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2266) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2267) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2268) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2269) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2270) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2271) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2272) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2273) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2274) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2275) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2276) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2277) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2278) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2279) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2280) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2281) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2282) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2283) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2284) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2285) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2286) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2287) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2288) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2289) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2290) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2291) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2292) S/O-Patrol 09-175 27,943.00
11 Crown Victoria P71 Automobile (2296) S/O-Patrol-Admin 09-175 27,355.00
11 Crown Victoria P71 Automobile (2297) S/O-Patrol-Traffic 09-175 27,355.00
11 Crown Victoria P71 Automobile (2298) S/O-Patrol-Traffic 09-175 27,355.00
11 Crown Victoria P71 Automobile (2299) S/O-Patrol-Traffic 09-175 27,355.00
11 Crown Victoria P71 Automobile (2300) S/O-Patrol-Traffic 09-175 27,355.00
11 Crown Victoria P71 Automobile (2301) S/O-Patrol-Traffic 09-175 27,355.00
1,207,611.00
Attachment number 2Page 1 of 1
Invitation To Bid
Sealed bids will be received at this office until 11:00 a.m. Friday, November 13, 2009 for furnishing:
Bid Item #09-174 Work Detail/Prison Transport Van for Fleet Department
Bid Item #09-175 Crown Victoria Police Automobile for Fleet Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the
offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530
Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular
business hours at the offices of Augusta, GA Procurement Department. All questions must be
submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by
mail. No bid will be accepted by fax, all must be received by mail or hand delivered.
The local bidder preference program is applicable to this project. To be approved as a local
bidder and receive bid preference on an eligible local project, the certification statement as a
local bidder and all supporting documents must be submitted to the Procurement
Department with your bonafide bid package.
No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening.
An invitation for bids shall be issued by the Procurement Office and shall include specifications
prepared in accordance with Article 4 (Product Specifications), and all contractual terms and
conditions, applicable to the procurement. All specific requirements contained in the invitation to bid
including, but not limited to, the number of copies needed, the timing of the submission, the required
financial data, and any other requirements designated by the Procurement Department are
considered material conditions of the bid which are not waiveable or modifiable by the Procurement
Director. Please mark BID number on the outside of the envelope.
Bidders are cautioned that sequestration of BID documents through any source other than the office
of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized
sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to
base his qualifications.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle October 15, 22, 29, November 5, 2009
Metro Courier October 21, 2009
cc: Tameka Allen Interim Deputy Administrator
Ron Crowden Fleet Department
Attachment number 3Page 1 of 1
Attachment number 4Page 1 of 3
Attachment number 4Page 2 of 3
Attachment number 4Page 3 of 3
Attachment number 5Page 1 of 1
Vendors
Bobby Jones
Ford
P.O. Box 15398
Augusta, GA
Legacy Ford, Inc.
413 Industrial Bl
McDonough, GA
Gordon
Chevrolet
2031 Gordon Hw
Augusta, GA
Allen Vigil F-L-M
6790 Mt Zion Bl
Morrow, GA
Terry Cullen
Chevy
1250 Battle Crek
Jonesboro, GA
Duvall Ford
5203 Waterside
Jacksonville, FL
5.00
Vehicle/Op Bid Price Bid Price Bid Price Bid Price Bid Price Bid Price
5.01
Adm Pkg $23,379.00 $23,379.00 $23,593.00
5.02
Civil Pkg $24,471.00 $24,471.00 $24,639.00
5.03
Fugit Pkg $24,779.00 $24,921.00 $24,989.00
5.04
Marsh Pkg $26,242.00 $26,242.00 $26,570.00
5.05
Patrol Pkg $27,943.00 $28,011.00 $27,943.00
5.06
Traffc Pkg $27,355.00 $27,468.00 $27,355.00
6.00
Outfit Spc
6.01
W SX8BBB $1,695.00 $1,680.00 $1,660.00
6.02
W CSP690 $105.00 $210.00 $202.00
6.03
Pro Copp $290.00 $272.00 $262.00
6.04
Sho-Me $100.00 $145.00 $139.00
6.05
Out Recp $20.00 $25.00 $25.00
6.06
2 Talon $14.00 $80.00 $75.00
6.07
Flr Mats $40.00 $55.00 $50.00
6.08
Jump Con $160.00 $190.00 $182.00
6.09
W UHF215 $33.00 $80.00 $75.00
6.10
W UBF 515 $42.00 $90.00 $85.00
6.11
Corner lgt $305.00 $370.00 $360.00
6.12
W MMBB $265.00 $310.00 $300.00
6.13
W MMBA $265.00 $285.00 $280.00
6.14
Alpha 12R $192.00 $182.00 $182.00
6.15
Fed Sign $187.00 $190.00 $188.00
6.16
Motorola $325.00 $360.00 $350.00
6.17
Setina 10S $445.00 $590.00 $585.00
6.18
Setina 10C $520.00 Included
in 6.19
Included
in 6.19
Bid #09-175
Crown Victoria Police Automobile
for The City of Augusta - Fleet Department
Bid Opening Date: Friday, November 13, 2009 at 11:00 a.m.
Local vendors are
highlighted in blue.
Attachment number 6Page 1 of 2
Vendors
Bobby Jones
Ford
P.O. Box 15398
Augusta, GA
Legacy Ford, Inc.
413 Industrial Bl
McDonough, GA
Gordon
Chevrolet
2031 Gordon Hw
Augusta, GA
Allen Vigil F-L-M
6790 Mt Zion Bl
Morrow, GA
Terry Cullen
Chevy
1250 Battle Crek
Jonesboro, GA
Duvall Ford
5203 Waterside
Jacksonville, FL
6.00
Outfit Spc Bid Price Bid Price Bid Price Bid Price Bid Price Bid Price
6.19
Lower Ext
plate/w tk
$50.00 $575.00 $568.00
6.20
Rear Door
panels
$165.00 $140.00 $139.00
6.21
Rear Side
Windows
$175.00 $185.00 $185.00
6.22
Rear Seat $405.00 $360.00 $352.00
6.23
Floor Pan $215.00 $185.00 $185.00
6.24
Shotgun
mount &
lock
$299.00 $270.00 $265.00
6.25
Shotgun
mount
$42.00 $86.00 $86.00
6.26
#35
window tint
$115.00 $185.00 $185.00
6.27
Fire
Extinguish
$45.00 $79.00 $79.00
6.28
Factory
fire supp
System
$2,936.00 $3,250.00 $3,041.00
6.29
Factory
keyless
entry
$214.00 $255.00 $222.00
Approx.
Delivery
Tine
90-120 days 90-120 days 8-10 weeks
Crown Victoria Police Automobile
for The City of Augusta - Fleet Department
Bid Opening Date: Friday, November 13, 2009 at 11:00 a.m.
Bid #09-175
Local vendors are
highlighted in blue.
Attachment number 6Page 2 of 2
Commission Meeting Agenda
1/18/2011 5:00 PM
Approve Implementation of Furlough Reduction for 2011, approve selected dates for building closure, and to declare
those dates "unpaid days of rest" in accordance with O.C.G.A.36-1-12 and 15-6-93
Department:Administrator's Office, Finance, and Human Resources
Caption:Approve Implementation of Furlough Reduction for 2011, approve selected
dates for building closure, and to declare those dates "unpaid days of rest" in
accordance with O.C.G.A. 36-1-12 and 15-6-93.
Background:The 2011 budget was approved in November of 2010 and incorporated
expected savings from five furlough days in order to reduce expenditures
and balance the budget. In 2010 were two furlough two furlough days. The
dollar amount of necessary expenditure reduction was translated into a
percent of salaries for November and December and spread over 5 pay
periods to reduce the impact on employees.Specific dates for bulding
closures were selected and the the appropriate resolution passed to conform
with Georgia code.
Analysis:We propose using the same methodology for 2011 for five furlough dates.
The dates selected were for the purpose of extending the length of building
closings by tacking onto existing closure dates and to avoid conflict with
scheduled biweekly pay dates. Changing furlough dates to stand alone dates
would lessen the savings from energy efficiencies from building closure, but
could be done. The money for furlough savings will be recovered by
reducing the pay grades for all permanent salaried employees by 1.88% for
the 24 pay days Feb thru Dec. Hourly and part-time personnel will be
effectively reduced since they will not work on the five days operations are
closed. If no changes are made, the 2010 administrative regulation will
govern the “time given back” which would amount to 40 hours, since that
regulation defined “a day” as equal to 8 hours. For most of the workforce,
that would coincide with building closure dates. Other departments with 24
hour operations would implement their own schedules as done in 2010.
Financial Impact:By adopting the proposed plan, we will accomplish the expected amount of
expenditure reductions programmed into the adopted 2011 budget.
Alternatives:Do not adopt the plan and identify approximately $1 million in alternative
expenditure reductions to be realized in 2011.
Recommendation:Adopt the proposed plan
Funds are Available in
the Following
Accounts:
N/A
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
HUMAN RESOURCES DEPARTMENT
Rod Powell
Director
Augusta Human Resources Department
530 Greene Street
Room 601 – Municipal Building
(706) 821-2303 (706) 821-2867 FAX
WWW.AUGUSTAGA.GOV
HR BULLETIN #2010 - 20
2011 Holiday/Furlough Schedule
TO: Department Directors
FROM: Rod Powell, SPHR, Human Resource Director
DATE: Thursday, December 16, 2010
RE: 2011 Holiday/Furlough Schedule
The following shows the “five (5) tentative furlough dates” and all the holidays that will be observed for employees
of Augusta, GA in 2011:
New Year's Day Monday, January 3
Martin Luther King, Jr. Day Monday, January 17
Good Friday Friday, April 22
Furlough Day Monday, April 25
Memorial Day Monday, May 30
Independence Day Monday, July 4
Furlough Day Tuesday, July 5
Furlough Day Friday, September 2
Labor Day Monday, September 5
Furlough Day Wednesday, November 23
Thanksgiving Day Thursday, November 24
Day after Thanksgiving Friday, November 25
Furlough Day Thursday, December 22
Christmas Eve Friday, December 23
Christmas Day Monday, December 26
Attachment number 1Page 1 of 1
RESOLUTION
A RESOLUTION TO ENFORCE FOUR UNPAID DAYS OF REST FOR FISCAL
YEAR 2011
WHEREAS, the Augusta-Richmond County Commission recognizes the current state of the economy of
the United States of America, the State of Georgia, and Augusta, Georgia; and
WHEREAS, the Augusta-Richmond County Commission adopted the 2011 fiscal year budget which
included reduced expenditures derived from five furlough days for all employees and the corresponding savings
from energy costs due to facility closure; and
WHEREAS, the Augusta-Richmond County Commission on January 18, 2011 approved the unpaid dates
of rest or furlough as April 25, 2011, July 5, 2011, September 2, 2011, November 23, 2011, and December 22, 2011;
and
WHEREAS, the implementation of these five furlough days is supported by the constitutional and elected
officers of Augusta, Georgia; and
WHEREAS, to the maximum extent possible, all employees, including public safety employees, will
participate in these five furlough days, and where certain public safety employees may not participate in these five
specific furlough dates due to public safety concerns, those employees will participate in the furlough through
schedules developed by the Administrator, relevant Department Heads, and Elected Officials.
NOW, THEREFORE, BE IT RESOLVED by the Augusta-Richmond County Commission that April 25,
2011, July 5, 2011, September 2, 2011, November 23, 2011, and December 22, 2011 are hereby declared to be
unpaid days of rest or holidays under the authority delegated to the Commission by the Georgia Legislature in
Official Code of Georgia Sections 36-1-12 and 15-6-93, and that amendments to the declaration of these furlough
days as official holidays may be made in accordance with the provisions of Official Code of Georgia Section 36-1-
12 so as to adapt to any change in governmental needs during the 2011 fiscal year; and
BE IT FURTHER RESOLVED by the Augusta-Richmond County Commission that the Augusta, Georgia
courthouses and government offices will be closed to the public on these four days pursuant to Official Code of
Georgia Section 36-1-12, and those public safety employees who may not participate in these specific furlough days
shall not be entitled to additional holiday pay for work they perform on these four unpaid days of rest.
Adopted this _______ day of January, 2011.
___________________________
David S. Copenhaver
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 2Page 1 of 1
Commission Meeting Agenda
1/18/2011 5:00 PM
Continue Purchase of Commercial Property Insurance
Department:Finance/Risk Management Division
Caption:Approve property insurance coverage for 2011 offered through Affiliated
FM Insurance for a premium of $ 290,860 on a $ 50,000 deductible per
occurrence policy ($100,000 deductible on flood, earthquake and Fort
Gordon property). Breakdown on quote: $272,860 property coverage,
$10,000 engineering fee and $8,000 terrorism coverage. Quote is based on
property values of $580,000,000 as of 10/30/10. Premium represents a cost
of $0.05 per $100 in property value.
Background:Dawson & Taylor Insurance Agency seeks annual quotes from the insurance
market for coverage on buildings and contents owned by Augusta, GA.
Quotes are obtained from only carriers with an A or better rating. Nine
companies were approached for quotes only one company responded with a
bid. Seven of the nine declined to bid and one company failed to respond w
ith coverage quotes for the 2011 calendar year. Current coverage carries a
$50,000 deductible per occurrence. Quotes were requested for deductibles of
$50,000, $100,000 and $150,000. Companies declining to bid were:
Chubb, Schinnerer Insurance, Fireman's Fund, Montgomery Insurance,
Philadelphia Insurance, CNA, and Program Government. Travelers failed
to complete the request for bids. Affiliated FM Insurance includes the
following coverage: All Risk: Blanket Limits Includes $10,000
engineering fee and $8,000 Terrorism coverage Includes Boiler &
Machinery Flood $100,000,000 Limit Earthquake $100,000,000 Limit
Liability limit $500,000,000/occurrence
Analysis:
Financial Impact:For commercial insurance coverage for 2011, the Commission requested
bids be sought for several higher deductibles. Quotes were requested on
deductibles of $50,000; $100,000 and $150,000. There is a $10,000
reduction in premium cost if the Commission elects to retain $100,000
deductible per occurrence and 17,000 reduction in premium cost if the
Commission elects to retain $150,000 of risk per occurrence. Options for
coverage, note premium includes engineering fee and premium for
Terrorism coverage: $ 50,000 Deductible Premium: $290,860 $100,000
Deductible Premium: $280,860 $150,000 Deductible Premium: $273,860
Alternatives:1. Drop coverage and retain risk 2. Reduce premium by only insuring those
property representing the largest losses should an event damage these
structures (Municipal Building, Law Enforcement Center, RCCI, Airport,
etc.)
Cover Memo
Recommendation:Approve property insurance coverage for 2011 offered through Affiliated
FM Insurance for a premium of $ 290,860 on a $ 50,000 deductible per
occurrence policy ($100,000 deductible on flood, earthquake and Fort
Gordon property). Effective date of coverage is February 1, 2011 through
February 1, 2012.
Funds are Available in
the Following
Accounts:
611-01-5212 (General Insurance)
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 10
Attachment number 1Page 2 of 10
Attachment number 1Page 3 of 10
Attachment number 1Page 4 of 10
Attachment number 1Page 5 of 10
Attachment number 1Page 6 of 10
Attachment number 1Page 7 of 10
Attachment number 1Page 8 of 10
Attachment number 1Page 9 of 10
Attachment number 1Page 10 of 10
Commission Meeting Agenda
1/18/2011 5:00 PM
Dr. M. H. Shekastehband
Department:Clerk of Commission
Caption:Consider a request for reconsideration due to his absence from the country
from Dr. M. H. Shekastehband regarding the denial of his request for credit
for fees and interest concerning property located on Hampton Drive.
(Disapproved in December 21 Commission meeting)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 4
Attachment number 1Page 2 of 4
Attachment number 1Page 3 of 4
Attachment number 1Page 4 of 4
Attachment number 2Page 1 of 1
Commission Meeting Agenda
1/18/2011 5:00 PM
Request to Continue GPS Tracking Service Subscription with SignalTrac
Department:Finance/Risk Management Division
Caption:Approve the continuation of the GPS tracking subscription service for 450
units installed on Augusta vehicles.
Background:The Augusta Commission approved the Vehicle Oversight Program in
November 2008 with an initial 150 GPS tracking units and added an
additional 300 units in June 2009 due to the success of the program. In
2010 the Commission was required to approve the continuation of the
program twice, once to approve the initial 150 units and again in May for
the remainder of the units (300). This request will consolidate the two into
one action. The monthly subscription rate per unit is $25.95 per unit.
Analysis:The Fleet Manager reports that fuel consumption, excluding law
enforcement vehicles, for 2009 compared with 2008 and 2007 saw a
significant reduction in usage. Now that we are entering our third year of
service, understandably, the savings is leveling off when you compare this
usage over a three year period. In addition, the presence of these units is
changing driver behavior.
Financial Impact:The monthly service fee for unlimited service of $25.95 per unit includes
data storage. Funding for continued service is budgeted in fund 611-01-
5211/5316210 which has been funded for 2011 in the amount of $149,240.
No annual contract is necessary; the continuation of service will be open
ended. This pricing will remain in effect for a minimum of one year.
Alternatives:Do not approve the request and remove the GPS units from service.
Recommendation:Approve the continuation of the GPS Tracking Service through 2011 for 450
units.
Funds are Available in
the Following
Accounts:
611-01-5211/5316210
REVIEWED AND APPROVED BY:
Finance.
Law.
Cover Memo
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/18/2011 5:00 PM
4115 Burning Tree Lane
Department:Public Services Department - Maintenance Division
Caption:Motion to award bid to Harris Trucking and Construction, (Low Bidder) in the
amount of $29,500 for the removal of 160' x 36" failed corrugated metal pipe
(CMP), two concrete storm boxes, and removal and replacement of fences
at Burning Tree Lane. The failed CMP will be replaced with HDPE.
Background:The failed CMP has suffered an enormous cave-in causing significant damages
to private property.
Analysis:Without immediate attention, the failed 36" pipe will continue to deteriorate
causing a larger void near private property and creating further hazards to
residents in that area.
Financial Impact:Funds are available in SPLOST IV, Grading and Drainage.
Alternatives:1. Request to award bid to Harris Trucking and Construction,(Low Bidder) in
the amount of $29,500 for the removal of 160' x 36" failed corrugated metal
pipe (CMP), two concrete storm boxes, and removal and replacement of fences
at Burning Tree Lane. The failed CMP will be replaced with HDPE. 2. None
recommended.
Recommendation:#1. Request to award bid to Harris Trucking and Construction., (Low Bidder) in
the amount of $25,900 for the removal of 160' x 36" failed corrugated metal
pipe (CMP), two concrete storm boxes, and removal and replacement of fences
at Burning Tree Lane. The failed CMP will be replaced with HDPE.
Funds are Available in
the Following Accounts:Funds are available in Account #324-04-1110/201824021
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Invitation to Re-Bid
Sealed re-bids will be received at this office until 11:00 a.m. Friday, October 29, 2010 for
furnishing:
Re-Bid Item #10-153A Pipe Replacement – Burning Tree Lane for Public Service –
Maintenance Division
Re-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
Re-Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene
Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at
the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the
office of the Procurement Department by fax at 706-821-2811 or by mail. No re-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, October 19, 2010 by 5:00 p.m.
The local bidder preference program is applicable to this project. To be approved as a local bidder
and receive bid preference on an eligible local project, the certification statement as a local bidder
and all supporting documents must be submitted to the Procurement Department with your bonafide
bid package.
No Re-Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. A
10% Bid bond is required to be submitted along with bidders qualifications and 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.
Bidders are cautioned that sequestration of RE-BID documents through any source other than the office of
the Procurement Department is not advisable. Acquisition of RE-BID documents from unauthorized sources
placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his
qualifications.
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
cc: Tameka Allen Interim Deputy Administrator
Mike Greene Public Service
Dennis Stroud Public Service – Maintenance
Attachment number 1Page 1 of 1
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Attachment number 2Page 1 of 1
J & B CONSTRUCTION
3550 GORDON HWY
GROVETOWN, GA 30813
SITEC, LLC
ATTN: DAVID MCGHEE
217 FAIRFIELD ST NE
AIKEN, SC 29801
HORIZON CONSTRUCTION &
ASSOCIATES
P. O. BOX 798
EVANS, GA 30809
ATTN: HENRY HENDERSON
REEVES CONSTRUCTION
P.O. BOX 1129
AUGUSTA, GA 30903
ATTN: MIKE EDWARDS
MABUS BROS. CONSTRUCTION
920 MOLLY POND ROAD
AUGUSTA, GA 30901
ATTN: JEFF COOPER
BLAIR CONSTRUCTION
P.O. BOX 770
EVANS, GA 30809
ATTN: PATRICK DILLARD
TURNER MECHANICAL
1347 ATOMIC ROAD
BEECH ISLAND, SC 29842
TRAN CONSTRUCTION
3855 RED OAK COURT
MARTINEZ, GA 30907
TWO STATE CONSTRUCT.
2292 WASHINGTON RD.
THOMSON, GA 30824
L-J INC
220 STONE BRIDGE DRIVE
COLUMBIA SC 29210
ATTN RANDALL MCCLAIN
SOUTHERN SITE DESIGN
ATTN LEE JEFFCOAT
PO BOX 2327
EVANS GA 30809
HARRIS CONSTRUCTION
ATTN: BOB BARKER
1736 BARTON CHAPEL ROAD
AUGUSTA, GA 30906
CONTRACT MANAGEMENT INC
ATTN BARRETT BOWDEN
1827 KILLINGSWORTH RD.
AUGUSTA GA 30904
BEAMS CONTRACTING
2335 ATOMIC ROAD
BEECH ISLAND SC 29842
ATTN BUDDY ROWLAND
PAVEWAY OF AUGUSTA
1353 GORDON HIGHWAY
PO BOX 660
AUGUSTA GA 30903
YVONNE GENTRY
AUGUSTA DBE OFFICE
MIKE GREENE
PUBLIC SERVICES DEPARTMENT
DENNIS STROUD
PUBLIC SERVICES-MAINTENANCE DEPT
BID ITEM #10-153A
PIPE REPLACEMENT-BURNING TREE
LANE
MAILED 10/12/10
BID ITEM #10-153A
PIPE REPLACEMENT-BURNING TREE
LANE
FOR PUBLIC SERVICES-MAINTENANCE
BID DUE: FRI 10/29/10 @ 11:00 A. M.
Attachment number 3Page 1 of 1
Attachment number 4Page 1 of 1
Commission Meeting Agenda
1/18/2011 5:00 PM
Contract Award - Lombard Mill Pond Recreational Trail
Department:Planning Commission
Caption:Award contract for construction of Lombard Mill Pond Trails pursuant to a
Georgia Recreational Trails Grant.
Background:This is a 2006 Recreation Trails Grant from the Georgia Department of
Natural Resources that was resurrected in 2009. The total amount of the
grant is $100,000 and after preliminary engineering, $90,000 is available for
construction of a parking area, an ADA accessible overlook, and limited
trails. The project will be a prototype of what the Butler Creek Trail system
could be. The low bidder is Contract Management at $89,940.21 and after
discussion with them at the site I recommend that the contract be awarded to
them.
Analysis:A project extension has been promised by DNR. If approved by the City, the
contract will be not be executed until the extension has been granted.
Financial Impact:Matching funds are in-kind time spent by staff, private sector donation of
materials and labor, and SPLOST V funds targeted for Greenspace.
Alternatives:Approve or deny
Recommendation:Approve
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 8
Attachment number 1Page 2 of 8
Attachment number 1Page 3 of 8
Attachment number 1Page 4 of 8
Attachment number 1Page 5 of 8
Attachment number 1Page 6 of 8
Attachment number 1Page 7 of 8
Attachment number 1Page 8 of 8
Commission Meeting Agenda
1/18/2011 5:00 PM
Environmental Services - MB Renovations
Department:Public Services Department - Facilities Management Division
Caption:Approve the selection committee’s recommendation to select Alternative
Construction & Environmental Solutions, Inc. to provide Environmental
Engineering Services for the Augusta, Georgia Municipal Building
Renovations and Modernization.
Background:In order to avoid possible fines and litigation and to comply with state
guidelines, Augusta, Georgia will perform an Environmental Assessment of
the Municipal Building prior to performing any renovations. The purpose of
this assessment is to identify any hazardous materials, plan for their
abatement (if any) and report the findings to the state EPD. An
advertisement for Professional Services for Phase II Environmental
Engineering Services for the City of Augusta – Public Services Department
was issued on October 11, 2010. Two responses were received on
November 4, 2010. Both responses were non-compliant and the project was
re-bid on December 21, 2010.
Analysis:Of the two bids received, the bid from Alternative Construction &
Environmental Solutions, Inc. had to lowest not to exceed price.
Financial Impact:The budgeted funds for the Municipal Building Renovations and
Modernization are $18,000,000. The not to exceed price of $25,400.00 form
Alternative Construction & Environmental Solutions, Inc. is within the
budget.
Alternatives:1) Approve the Program Manager’s recommendation to select Alternative
Construction & Environmental Solutions, Inc. to provide Environmental
Engineering Services for the Augusta, Georgia Municipal Building
Renovations and Modernization. 2) Reject the recommendation to select
Alternative Construction & Environmental Solution, Inc. to provide
Environmental Engineering Services for the Augusta Georgia Municipal
Building Renovations and Modernization.
Recommendation:Approve the Program Manager’s recommendation to select Alternative
Construction & Environmental solutions, Inc. to provide Environmental
Engineering Services for the Augusta, Georgia Municipal Building
Renovations and Modernization.
Funds are Available in
the Following
Accounts:
FUNDS ARE AVAILABLE IN ACCOUNT: SPLOST VI
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Attachment number 2Page 1 of 1
Attachment number 3Page 1 of 1
Bid Opening for Professional Services
Re-Bid Item #10-187A
Phase II Environmental Engineering Services
for the City of Augusta - Public Services Department
Re-Bid Opening Date: Tuesday, December 21, 2010 @ 11:00 a.m.
Vendors Attachment B Bidder's Form Addendum Total Lump Sum
A.C.E.S.
P. O. BOX 3229
AUGUSTA, GA 30914-3229
YES YES YES $25,400.00
NOVA ENGINEERING
3640 KENNESAW NORTH INDUSTRIAL
PARKWAY, SUITE E
KENNESAW, GA 30144
YES YES YES $27,810.00
Attachment number 4Page 1 of 1
Bid Opening for Professional Services
Re-Bid Item #10-187A
Phase II Environmental Engineering Services
for the City of Augusta - Public Services Department
Re-Bid Opening Date: Tuesday, December 21, 2010 @ 11:00 a.m.
Vendors
Attachment B
Bidder's Form
Addendum
Units Rate Cost Units Rate Cost
Task I - Asbestos
Assessment
Asbestos Inspection 10 Hours 65.00$ 650.00$ 10 Hours 70.00$ 700.00$
Sample Collection 40 Hours 65.00$ 2,600.00$ 30 Hours 70.00$ 2,100.00$
Sample Analysis 250 Samples 18.00$ 4,500.00$ 225 Samples 20.00$ 4,500.00$
Reporting 3 Hours 65.00$ 195.00$ 10 Hours 70.00$ 700.00$
Subtotal 7,945.00$ 8,000.00$
Task II - Lead -Based Paint
Assessment
Lead Inspection 40 Hours 65.00$ 2,600.00$ 10 Hours 70.00$ 700.00$
Sample Collection 0 Hours 65.00$ -$ 20 Hours 70.00$ 1,400.00$
Sample Analysis (XRF or 6010)1 Samples 1,000.00$ 1,000.00$ XRF Samples Cost x 10% 1,650.00$
Reporting 3 Hours 65.00$ 195.00$ 8 Hours 70.00$ 560.00$
Subtotal 3,795.00$ 4,310.00$
Task III - PCB Assessment
PCB Inspection 6 Hours 65.00$ 390.00$ 8 Hours 70.00$ 560.00$
Sample Collection 2 Hours 65.00$ 130.00$ 2 Hours 70.00$ 140.00$
Sample Analysis (8081)10 Samples 100.00$ 1,000.00$ 2 Samples 75.00$ 150.00$
Reporting 2 Hours 65.00$ 130.00$ 1 Hours 70.00$ 70.00$
Subtotal 1,650.00$ 920.00$
Task IV - Abatement Plan &
Specification Preparation
Note: Suitable for competitive bidding 1 Lump Sum 2,500.00$ 2,500.00$ 1 Lump Sum 1,200.00$ 1,200.00$
Task V - Abatement Oversight and
Air Monitoring
20 Days 350.00$ 7,000.00$ 18 Days **** 400.00$ $7,200.00
Task XI - Close Out Documentation
1 Lump Sum 500.00$ 500.00$ 1 Lump Sum 4,500.00$ 4,500.00$
Task XII - As-Needed Consulting
Services
24 Hours 65.00$ 1,560.00$ Hours 1,680.00$
FEE SUBTOTAL 24,950.00$ 27,810.00$
EXPENSES, FEES & OTHER
DIRECT COSTS 450.00$
TOTAL (LUMP SUM)
**** 2 days per floor @ $400 = 9 floors @$800.00 per floor or 9 floors @ 2 days per floor
= 18 days
25,400.00$ 27,810.00$
YES
YES
A.C.E.S.
P. O. BOX 3229
AUGUSTA, GA 30914-3229
YES
NOVA ENGINEERING
3640 KENNESAW N INDUSTRIAL PKWY, STE E
KENNESAW, GA 30144
YES
YES
YES
Attachment number 5Page 1 of 1
A.C.E.S.
P. O. BOX 3229
AUGUSTA, GA 30914-3229
ATTN: BRIAN GRINSTEAD
NOVA ENGINEERING & ENVIRONMENTAL
3640 KENNESAW NORTH INDUSTRIAL
PARKWAY, SUITE E
KENNESAW, GA 30144
ALTERNATIVE CONSTRUCTION &
ENVIRONMENTAL SOLUTIONS, INC.
ATTN: DAN D. TROUTMAN
2247 WRIGHTSBORO ROAD
AUGUSTA, GA 30904
Forrest White
Heery International
Hatcher Building
Re-Bid 10-187A Professional Services
Phase II Environmental Engineering mailed
12/7/2010
Re-Bid Item #10-187A
Professional Services Phase II
Environmental Engineering
For Public Services Department
Re-Bid Due: Tue. 12/21/2010 @ 11:00 a.m.
Attachment number 6Page 1 of 1
Attachment number 7Page 1 of 1
Commission Meeting Agenda
1/18/2011 5:00 PM
Revised Tree Ordinance
Department:Planning Commission
Caption:Motion to approve the revised Tree Ordinance as requested by a petition by
the Augusta Richmond County Tree Commission.
Background:Tree Commission is requesting to update and amend the Tree Ordinance.
The Ordinance was last updated in 2003.
Analysis:The Tree Ordinance has been changed and updated to better serve the
landscaping needs for Augusta.
Financial Impact:None
Alternatives:Approve or deny the revised Tree Ordinance
Recommendation:Approve
Funds are Available in
the Following
Accounts:
n/a
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
AUGUSTA-RICHMOND COUNTY
TREE ORDINANCE
AND
TREE ORDINANCE ILLUSTRATED GUIDE
REVISED: January 2011
Attachment number 1Page 1 of 50
AUGUSTA-RICHMOND COUNTY
TREE COMMISSION
MEMBERS
2011
BIRKIE AYER DISTRICT 1
ROY SIMKINS DISTRICT 2
HENRY FRISCHKNECHT DISTRICT 3
VAUGHN “TEX” MAXWELL DISTRICT 4
JARREL A. GIBSON DISTRICT 5
CLYDE LESTER DISTRICT 6
ROGER W. DAVIS DISTRICT 7
SID MULLIS DISTRICT 8
PAULETTE CURRY DISTRICT 9
ANNETTE HARLAN DISTRICT 10
DIANE SPRAGUE LEGISLATIVE
CLARA HORNSBY LEGISLATIVE
Attachment number 1Page 2 of 50
AUGUSTA-RICHMOND COUNTY TREE
ORDINANCE
AND
TREE ORDINANCE ILLUSTRATED
GUIDE (IGO)
Prepared and adopted by the
Augusta-Richmond County Tree Commission
Roy Simkins, Chairman
George A. Patty, Secretary
Adopted by the
Augusta Commission
Deke Copenhaver, Mayor
Alvin Mason, Mayor Pro Tem
These documents provide standards for the protection of public trees, for the designation
of landmark trees, and landscaping, tree protection and tree establishment standards for
the development of private property in Augusta, GA. Included are Chapter 8-4 of the
Augusta-Richmond County Code entitled “Trees” (Ordinance No. 6095) and
amendments thereto, and the “Illustrated Guide to Implementing the Augusta-Richmond
County Tree Ordinance” (Ordinance No. 94-1, adopted December 7, 1993).
Updated January 2011
Attachment number 1Page 3 of 50
TABLE OF CONTENTS
TREE ORDINANCE Page
Purpose 1
Definitions 1
Establishment of Tree Commission 3
Administration 4
Public Tree Protection 4
Tree Protection Zone; Official Tree List 5
Planting and Maintenance Standards 6
Moving Buildings or Other Large Objects 8
Landmark Trees 8
Nuisance Trees and Shrubs 8
Greenspace Requirements for Private and Public Development 8
Compliance 18
Landscape Establishment Bond 18
Appeals and Variances 19
Abrogation and Greater Restrictions 20
Severability 20
Enforcement, Violation, and Penalty 20
Attachment number 1Page 4 of 50
1
Chapter 8-4-1. PURPOSE.
This Chapter provides standards for the protection of public trees, and for the
designation of landmark trees, and further provides landscaping, tree protection and tree
establishment standards for the development of private property in Augusta, Georgia. It
is the purpose of this Chapter to promote the public health, safety, and general welfare of
provisions designed to:
(a) Aid in stabilizing the environment's ecological balance by contributing to the
processes of air purification, oxygen regeneration, wildlife habitat, groundwater
recharge, and storm water runoff retardation, while concurrently facilitating noise,
glare, and heat abatement;
(b) Encourage the preservation of existing trees and vegetation;
(c) Prevent soil erosion;
(d) Protect and enhance the aesthetic qualities of the community;
(e) Prevent structural and pavement saturation;
(f) Safeguard and enhance private property values and protect private and public
investments;
(g) Conserve energy.
Chapter 8-4-2. DEFINITIONS.
(a) Administrator. The Executive Director of the Augusta-Richmond County
Planning Commission.
(b) Caliper. The diameter or thickness of the main stem of a young tree or sapling as
measured at six (6) inches above ground level. This measurement is used for
nursery-grown trees having a diameter of four (4) inches or less.
(c) Commission. The Augusta Commission.
(d) Diameter breast height (DBH). The diameter or width of the main stem of a
tree as measured four and one-half (4.5) feet above the natural grade at the base of
a tree. Whenever a branch, limb, defect, or abnormal swelling of the trunk occurs
at this height, the DBH shall be measured at the nearest point above or below four
and one-half (4.5) feet at which a normal diameter occurs.
(e) Dripline. An imaginary circuitous line of the ground that designates the
outermost point to which the tree branches extend.
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(f) Executive Director. Executive Director of Augusta-Richmond County Planning
Commission.
(g) Greenspace. Any area retained as permeable unpaved ground and dedicated to
supporting vegetation.
(h) Greenspace Plan. A topographic survey map and supporting documentation
which describes for a particular site where vegetation (green space) is to be
retained or planted in compliance with these regulations. The Greenspace Plan
shall include a tree establishment element, a tree protection element, and a
landscaping element.
(i) IGO. (Illustrated Guide to Implementing the Augusta-Richmond County Tree
Ordinance) A document providing standards and specifications for tree protection
and tree establishment per Section VIII (c) of the Augusta-Richmond County Tree
Ordinance.
(j) Landmark tree. Any tree determined by the Tree Commission and the Augusta
Commission, to be of notable historic interest, high aesthetic value, or of unique
character because of species, type, age, or size and therefore designated as a
public landmark.
(k) Land clearing. The removal of all vegetation two (2) inches DBH or greater.
(l) Landscape Establishment Bond. A two year bond that shall be posted prior to
the issuance of a Certificate of Occupancy and released after two years upon a
determination that required trees and landscaping are healthy and have a
reasonable chance of surviving to maturity.
(m) Official street tree planting plan and program. A plan and program adopted
for the planting of trees along public streets, parks and other public places.
(n) Official Tree List. A listing of various tree species, classified by size grouping,
to be used to determine the quality rating of trees to be preserved or planted as
well as the Quality Points (Section III of the IGO).
(o) Planting Island. An unpaved landscaped area located within a vehicle parking
area that is defined physically by curbing or otherwise in such a way that it cannot
be driven over or parked upon and which must contain a medium or large tree.
(p) Park. All public land set aside for open space and recreation purposes.
(q) Public property. Any property owned by Augusta, Georgia.
(r) Public tree. Any tree located on public property.
(s) Quality points factor. A decimal fraction that is assigned to each tree species in
the Official Tree List and is used as a multiplier in calculating the tree quality
points for any tree retained on a site.
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(t) Right-of-way. A strip of land over which Augusta, Georgia has the right, by
ownership or otherwise to construct a public street, sidewalk, or use for public
utilities.
(u) Street yard. A greenspace parallel to the street right-of-way whose total area is
equal to at a minimum ten (10) times the length of the right-of-way in square feet.
(v) Tree Commission. An appointed board of twelve (12) members with designated
duties as outlined herein.
(w) Tree establishment element. A topographic survey map and supporting
documentation which describes for a particular site where trees are to be planted
in compliance with the requirements of these regulations, the types of trees and
their corresponding tree quality points.
(x) Tree protection element. A topographic survey map and supporting
documentation which describes for a particular site where existing trees are to be
retained in compliance with the requirements of these regulations, the types of
trees and their corresponding tree quality points.
(y) Tree protection zone. The area surrounding a preserved or planted tree that is
essential to that tree's health and survival, and is protected within the guidelines of
this chapter.
(z) Tree quality point (TQP). A unit of measurement which quantifies the relative
value of trees that are planted or retained on a given site. Tree quality points
quantitatively express the desirable qualities of the species with regard to size for
each tree that is retained on a site. For planted trees the tree quality points are an
expression of species desirability and the expected mature size of each tree.
(aa) Vehicle display area. Areas where vehicles are displayed for sale or lease.
(bb) Vehicular service area. Any paved or unpaved area utilized by vehicles.
Chapter 8-4-3. ESTABLISHMENT OF TREE COMMISSION.
(a) There is hereby created the Augusta-Richmond County Tree Commission which
shall consist of ten (10) members appointed by the Augusta Commission plus an
additional two (2) members appointed by the Richmond County Legislative
Delegation. All appointments shall be for four (4) year terms. The role of the
Tree Commissioners will be to define problems, suggest solutions, and provide
support; review any appeals or variances and recommend acceptance or rejection
to the Administrator; annually review the Illustrated Guide to Implementing the
Augusta-Richmond County Tree Ordinance (IGO) and update it as needed; and
review petitions for landmark trees. The Tree Commission shall meet no less than
quarterly. All members shall be residents of Augusta, Georgia. All vacancies
shall be filled for the unexpired terms.
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(b) All Tree Commissioners shall serve without compensation. The Augusta
Commission and the Richmond County Legislative Delegation, when appointing
members to the Tree Commission, shall appoint persons from the following fields
of association: registered landscape architect; realtor / developer of commercial
property (licensed broker who is member of board of realtors); urban forester; an
agricultural extension agent; architect; engineer; an appointee from the Garden
Council of Augusta; a master gardener; and citizens at large who have knowledge
of, and interest in trees and the urban forest. The Georgia Forestry Commission
Urban Forester may serve as an ex-officio member.
(c) All terms shall expire on March 30 of the applicable year, and new terms shall
begin on April 1 of the applicable year.
(d) Members shall not receive a salary, although they may be reimbursed for
authorized expenses.
Chapter 8-4-4. ADMINISTRATION.
The Augusta-Richmond County Planning Commission shall have the
responsibility for administering all provisions of this Chapter that relate to the
development of private lands. The Augusta-Richmond County Tree Commission shall
have the responsibility of administering all provisions that relate to the development of
public lands.
Chapter 8-4-5. PUBLIC TREE PROTECTION.
(a) Any request for the severing from the stump and removal of a tree on a public
right-of-way shall be directed to the Augusta-Richmond County Tree
Commission for approval. In the event approval is given, Augusta-Richmond
County shall notify the local neighborhood association, if any, and shall post on
such tree for a period of fourteen (14) days a notice of their intent to remove said
tree. Decisions of the Tree Commission shall be final, and there shall be no
appeal to the Augusta Commission.
(b) Trees deemed a danger to the public or the adjoining property by the Tree
Commission or the appropriate City Department shall be exempt from the
restrictions of this section and can be removed for the safety of the public and/or
adjacent properties.
(c) Nothing herein shall be construed as prohibiting the cutting and/or removal of a
tree or trees incidental to a road improvement project, a drainage project, or a
water and sewerage project of Augusta, Georgia or the Georgia Department of
Transportation.
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(d) All other projects causing disturbance within rights-of-way which may cause
extensive damage to trees therein shall likewise be reviewed by the Augusta-
Richmond County Tree Commission for recommendations.
(e) No person or organization shall do any of the following acts to any public tree
without first obtaining the proper permission from the Augusta-Richmond County
Tree Commission:
(1) Cut, prune, break, damage, remove, kill or cause to be killed.
(2) Cut, disturb, or interfere, in any way, with the soil or any root within the
dripline.
(3) Place, spray, or apply any chemical that is known to be toxic to trees in a
location that may be absorbed by any part of the tree.
(4) Fasten any rope, wire, sign or other device whether invasive to the tree or
not.
(5) Remove or damage any guard devices placed to protect any tree.
(6) Conduct razing, removal, demolition, expansion, or renovation of any
structure if deemed by Augusta-Richmond County to be damaging to
neighboring public trees.
(7) Maintain a stationary fire or device which vaporizes noxious fumes
deleterious to tree health.
(8) Pave with concrete, asphalt, or other impervious material within the
dripline of any public tree unless approved construction techniques are
followed as prescribed. (Ord. 5933, June 17, 1997)
Chapter 8-4-6. TREE PROTECTION ZONE; OFFICIAL TREE LIST.
(a) There is hereby established a tree protection zone which shall include all public
rights-of-way and all public lands of Augusta, Georgia.
(b) The Augusta-Richmond County Tree Commission is hereby charged with the
duty of determining the types of species of trees suitable for planting, as well as
those prohibited, and the conditions under which such trees shall be planted along
streets, in parks, and in public places within Augusta, Georgia. When completed,
the list shall be presented to the Augusta Commission for its approval. When
approved, the said report shall be known as the Official Tree List. Revisions in
the Official Tree List may be made from time to time by the Augusta-Richmond
County Tree Commission. All trees hereafter planted on public property of
Augusta, Georgia must be on the Official Tree List, unless otherwise specifically
approved by the Augusta-Richmond County Tree Commission.
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Chapter 8-4-7. PLANTING AND MAINTENANCE STANDARDS.
(a) The Augusta-Richmond County Tree Commission shall have the authority to
insist that all property owners treat or else allow the City to treat trees suffering
from transmittable diseases or insect infestations which are on private property
but are affecting the health of public trees on public property. If the disease
infestation warrants drastic action to curb its spread to healthy public trees, at the
direction of the Augusta-Richmond County Tree Commission, the property owner
shall remove and dispose of said trees or else allow Augusta, Georgia to do so.
(b) In case of emergencies, such as windstorms, or other disasters, the removal of
broken limbs or uprooted trees, using proper BMP practices, shall be allowed
during the emergency period so that the requirements of this Chapter would in no
way hamper private or public work to restore order to Augusta, Georgia. This
work is to be done in accordance with the emergency standards as outlined by
Augusta, Georgia.
(c) All pruning on any tree required by this Ordinance shall be performed in strict
compliance with the “American National Standards” as set forth in the ANSI
A300 (Part 1) – 2008 Pruning, or current ANSI standards. A copy of the
standards are available at the Augusta-Richmond County Planning Commission
for review or can be purchased at ANSI.org.
Examples:
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Chapter 8-4-8. MOVING BUILDINGS OR OTHER LARGE OBJECTS
No person shall move any building or other large objects which may injure any
public tree or parts thereof along any street without first having obtained written
permission from the Augusta-Richmond County Tree Commission and then having
obtained a permit from the License and Inspections Department.
Chapter 8-4-9. LANDMARK TREES
The Augusta Commission may, upon petition by the property owner, designate a
tree as a landmark tree, as defined herein. All nominations for landmark trees shall be
reviewed by the Tree Commission which shall make a recommendation on such
nomination to the Augusta Commission. Trees so designated shall thereafter be
considered public landmarks and shall not be destroyed nor endangered except as
recommended by the Tree Commission. The designation of a Landmark Tree shall be
based upon an evaluation of the tree in relation to the criteria set forth in the IGO.
Upon designation as a Landmark Tree, the tree shall be protected as provided in
this Chapter, and the tree quality points assignment shall be based upon a quality points
factor of 200 percent of the tree quality points for a preferred tree of equal DBH.
Chapter 8-4-10. NUISANCE TREES AND SHRUBS
Any tree or shrub or parts thereof growing on public or private property which
interferes with or endangers the use of the public streets or obscures sight distance or
creates a traffic hazard on intersections or endangers the life, health, safety or property of
the public, shall in the opinion of the Tree Commission be declared a public nuisance.
The owner shall be notified in writing of the existence of the nuisance and be given a
fifteen-day (15) period of time for instigating its correction or removal. If not corrected
or removed within thirty (30) days, the Tree Commission shall cause the nuisance to be
corrected or removed and the cost shall be assessed to the owner as provided by this
Chapter.
Chapter 8-4-11. GREENSPACE REQUIREMENTS FOR PRIVATE AND
PUBLIC DEVELOPMENT
(a) Application. The regulations set forth in this Chapter shall apply to all properties
affected by development proposals requiring site plans pursuant to Section 30-2
of the Comprehensive Zoning Ordinance for Augusta, Georgia. Permits for
clearing land and grading of land shall not be granted until plans as required by
this Chapter have been approved.
(b) Exemptions. The following types of developments are exempt from compliance
with any and all provisions of this Chapter:
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(1) Construction (including clearing) of single-family residential structures on
individual lots; and
(2) The development of streets within a subdivision is exempt from all of the
provisions of the Tree Ordinance except 8-4-11-(e)-(5).
(3) Site Plans that require grading only (no construction of improvements)
may be exempt from providing 1000 Tree Quality Points per acre of
development at the discretion of the Administrator; however a streetyard
must be installed per 8-4-11-(e)-(5).
(4) Telecommunication facilities in LI or HI zoning unless the site is in view
of a residential use in a residential zone, as viewed from the base of the
tower.
(5) Federal, State and local government infrastructure (water, sanitary sewer
and stormsewer) projects.
(c) Greenspace Plan required. Except as herein provided, there shall be a Greenspace
Plan for every applicable development. Such plan shall include a landscape
element, a tree protection element, and a tree establishment element.
(d) Landscape element. Such element shall include a topographic survey map
illustrating compliance with the design principles and standards included in the
following section.
(e) Landscape element design principles and standards.
(1) A minimum of ten (10) percent of the total land area of any development
shall be devoted to greenspace.
(2) No artificial plants, trees, or like materials shall be counted toward
meeting the standards of these regulations.
(3) All retained or planted trees shall be protected or situated so as to prevent
damage from environmental changes (such as a lowered water table) or
land disturbance resulting from any building or facility construction.
(4) Sidewalks, curbing, or any other paved or impermeable surfaces within the
greenspace area shall not count towards the ten (10) percent minimum
greenspace or street yard requirement.
(5) A street yard area shall be provided along any existing or proposed public
street right-of-way or private right-of-way adjacent to or adjoining the
property except for those portions of the lot used for driveways. Detention
or retention ponds at the front of the property near the right-of-way do not
relieve the developer from installing the required street yard.
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For site plans that include fewer than one hundred (100) total parking and
loading spaces, the minimum width of the streetyard shall be 10’ and the
streetyard shall be that area immediately adjacent to the right-of-way.
Street yards shall be landscaped and properly maintained by the owner and
shall have live vegetation including groundcover, grass, trees, shrubs and
may, unless otherwise prohibited, include fences and walls and plantings
for parking areas. Each street yard shall have at least one (1) large tree for
each forty (40) linear feet on center of street frontage, with a large tree
being located within 20' of each side property line. All planted trees must
be at least three (3) inches in caliper, have a single trunk, and be
unbranched to six (6) feet.
In zoning districts where zero setbacks are permitted by the
Comprehensive Zoning Ordinance for structures adjoining public street
rights-of-way, the street yard and its plantings may be located upon the
public property if approved by the Department of Public Works. In all
other cases, the street yard must be located on private property.
For site plans that include one hundred (100) or more total parking and
loading spaces, the minimum width of the streetyard shall be 15’ and the
streetyard shall be that area immediately adjacent to the right-of-way.
When a use of land is intensified or expanded in such a way that the
required parking must be increased more than twenty (20) percent (except
for parking areas where a twenty (20) percent increase would be less than
5 new spaces) then the entire site including the already developed area
must be provided with a street yard. The minimum width of the streetyard
shall be 5’ and the streetyard shall be that area immediately adjacent to the
right-of-way.
Where a property adjoins a right-of-way such as gas, power, railroad, etc.,
that is adjacent to and parallel with a public or private street, the subject
property shall be deemed to front on the public or private street and
streetyard requirements shall be adhered to.
When a major subdivision (10 lots or more) of property occurs along an
existing or proposed public street, a streetyard 10’ in width , adjacent to
the right-of-way, shall be installed and have at least one (1) large tree for
each forty (40) linear feet on center of street frontage, with a large tree
being located within 20' of each side property line. All planted trees must
be at least three 3 inches in caliper, have a single trunk, and be unbranched
to six (6) feet. Streetyards shall be landscaped and properly maintained by
the owner and shall have live vegetation, groundcover, grass, trees, shrubs,
and may, unless otherwise prohibited, include fences and walls and
plantings for parking areas.
As of January 2003, any existing streetyard tree may not be cut or
removed without permission of the Tree Commission.
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(6) Parking lots providing over five (5) spaces shall contain interior
landscaped areas. This section shall apply to any surface parking lot or
loading area or vehicular service area or portions thereof built after the
adoption of this Chapter. The number, size, and shape of interior
landscaped areas shall be at the discretion of the owner subject to the
following provisions:
(a) A minimum of five (5) percent of the total interior area of parking
lots, loading areas, and vehicular use areas shall be devoted to
landscaping. Required street yards may not count toward the five
(5) percent. There shall be no more than twelve (12) consecutive
parking spaces between planting islands, which must contain a
medium or large tree, and which must be at least one hundred
(100) square feet in area with a minimum width of eight (8) feet
measured inside of curb to inside of curb. On such site plans one
of every five (5) required planting islands must be a minimum of
37.5 feet in length and eight (8) feet in width, inside of curbing,
unless all parking spaces are arranged around the perimeter of the
parking lot. When row parking is utilized, the end of each row of
parking must be a double planting island with a minimum of one
medium or large tree per row of parking.
When a use of land is intensified or expanded in such a way that
the required parking must be increased more than fifty (50) percent
(except for where such an increase would be less than twenty (20)
spaces), the new parking area must conform to the requirements of
this subsection and the already developed parking area must be
retrofitted with planting islands at a rate of one for every twelve
(12) which is no less than one hundred (100) square feet in area
and with a minimum width of eight (8) feet.
All internal planting areas shall be landscaped with approved plant
materials compatible with accepted arboricultural practices as set
forth in the IGO. The area devoted to interior planting islands may
be deducted from the required parking area pursuant to Section 4-2
of the Zoning Ordinance at a rate of one (1) space per two hundred
(200) square feet of planting island except that the requirement of
spaces shall not be reduced over ten (10) percent.
For the purposes of calculating consecutive parking spaces,
handicapped parking spaces shall equal one and one-half (1-1/2)
parking spaces.
As of January 1, 2003, any existing parking lot tree may not be cut
or removed without permission of the Tree Commission.
(b) No parking space shall be further than 65 feet from the trunk of a
medium or large tree with no intervening building.
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(c) Within existing parking areas, all new curbing around landscaped
islands shall match existing curbing within the site. If no curbing
is present within the site, then concrete curb and gutter, per City of
Augusta standards and specifications, shall be used around
landscaped islands.
In new parking areas, all curbing around landscaped islands shall
be concrete curb and gutter, as approved by the City Engineer.
(7) Lighting serving to illuminate a parking area shall not be located within a
required planting island. Further, no light pole taller than 12’ shall be
within 20’ of a large or medium tree.
As of December 31, 2008, all light pole locations shall be indicated on the
Landscape Plan.
(a) No flag poles shall be located within a required landscaped island nor
within 20’ of a large or medium tree.
(b) No signs, except for directional signs, shall be located within a
required landscaped island, nor within 20’ of a large or medium tree
provided that no such directional sign shall exceed 30 inches in height
nor more than 4 square feet in area.
(c) No utility boxes, fire hydrants, transformers or other site
appurtenances shall be located in a required landscaped island.
(8) A permanent water source shall be provided not more than one hundred
(100) feet from any planted tree.
(9) Where the rear property line in a multiple-family residential, professional,
commercial or industrial zone abuts an R (Residential) zone or single-
family residence, a buffer strip not less than twenty (20) feet in width shall
be provided. Further, where the rear property line in a commercial zone
abuts an A (Agricultural), R-MH (Residential Manufactured Home), R-2
(Two-family Residential), or R-3 (Multi-family Residential) zone or
single-family residence within one of these zones, a buffer strip not less
than twenty (20) feet in width shall be provided. This buffer strip shall be
designed to provide a year-round visual screen that is at least eight (8) feet
in height and completely blocks the view of the subject property by a
person standing just across the property line on the adjoining residential
property. It shall consist of six (6) foot solid board or 'shadowbox' style
fence or masonry wall that has two finished sides and is approved by the
Tree Commission, unless a fence already exists on the adjoining property
that meets the requirements of this Ordinance. The buffer strip shall be
planted with medium or large trees spaced on 40 foot centers with
interplanted evergreen plant material, berms, mounds or combinations
thereof to achieve the objective within a maximum three (3) year period.
No buildings, structures, storage of materials, or parking shall be
permitted within this buffer area. Buffer areas shall be maintained and
kept free of all debris, rubbish and weeds.
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As of January 2003, any existing rear bufferyard tree may not be cut or
removed without permission of the Tree Commission.
(10) Where the side property line in a multiple-family, professional,
commercial, or industrial zone abuts an R (Residential) zone or single-
family residence, a planted buffer strip not less than ten (10) feet in width
shall be provided. Further, where the side property line in a commercial
zone abuts an A (Agricultural), R-MH (Residential Manufactured Home),
R-2 (Two-family Residential), or R-3 (Multi-family Residential) zone or
single-family residence within one of these zones, a buffer strip not less
than twenty (20) feet in width shall be provided. This buffer strip shall be
designed to provide a year-round visual screen that is at least eight (8) feet
in height and completely blocks the view of the subject property by a
person standing just across the property line on the adjoining residential
property.
Said buffer strip shall begin at the front setback line and extend along the
entire remaining side boundary. It shall consist of a six (6) foot solid
board or shadowbox" style fence or masonry wall that has two finished
sides and is approved by the Tree Commission, unless a fence already
exists on the adjoining property that meets the requirements of this
Ordinance. The buffer strip shall be planted with medium or large trees
spaced on 40 foot centers with interplanted evergreen plant material,
berms, mounds or combinations thereof to achieve the objective within a
maximum three (3) year period. Buffer areas shall be maintained and kept
free of all debris, rubbish and weeds. No buildings, structures, storage of
materials, or parking shall be permitted within this area.
As of January 2003, any existing side bufferyard tree may not be cut or
removed without permission of the Tree Commission.
(11) The mature or ultimate spread of planted trees shall be shown on the
Greenspace Plan. Planted trees shall be diagramed according to the
following minimum standards in order to qualify for tree quality points:
*large trees - thirty-five (35) foot spread
*medium trees - twenty-five (25) foot spread
*small trees - fifteen (15) foot spread
(12) No new utilities (overhead or underground) shall be located directly above
or below existing or proposed tree locations. (Proposed utilities must be
routed away from all trees.)
(f) Tree protection and tree establishment elements. Land cleared for development or
land being proposed for development shall have, after development, not less than
one thousand (1,000) tree quality points (TQP) per acre on a given site. Tree
quality points shall only be calculated on the acreage of the site that is being
developed. Undeveloped portions of the site shall not be required to provide tree
quality points (including street yard requirements) nor shall tree quality points for
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existing trees be counted toward the requirements of the developed portion of the
site. Tree protection and tree establishment elements may be provided separately
or collectively depending on the nature, complexity, and scale of the
development. Such elements shall include a topographic survey map showing:
(1) Existing tree cover and tree cover that is to be removed.
(2) The location and species of all trees to be retained on the developed
portion of the site for which tree quality points are to be claimed,
including their DBH, tree quality points, and their tree protection zones.
Where a grouping or cluster of twenty (20) or more trees is located within
a proposed tree protection zone, the location of individual trees within
such cluster is not required to be spotted on the plan, provided the number
of trees for each species within the cluster is given and the average DBH is
identified for each species. Existing trees on undeveloped portions of the
site (i.e. future development) or trees within the right-of-way(s) cannot be
counted toward Tree Quality Points.
(3) The location, species, and DBH of all trees located on adjacent rights-of-
way.
(4) A listing of all trees to be planted on the site for which tree quality points
are to be claimed, giving their respective species, caliper, and tree quality
points.
(5) A description of tree planting specifications if different from those listed
in the Illustrated Guide to Implementing the Augusta-Richmond County
Tree Ordinance (IGO).
IGO and any amendments thereto are hereby adopted by reference. The
guide will be reviewed annually by the Tree Commission with the updated
version being adopted by reference and each time made a part hereof. All
Greenspace Plans shall be provided in a manner consistent with provisions
contained therein.
As of January 2003, any existing tree that would count toward the overall
requirement for tree quality points (TQP) may not be cut or removed
without permission of the Tree Commission.
(g) Tree protection and tree establishment standards. Tree protection zones shall be
established and maintained for all trees preserved or planted on a site for which
tree quality points are to be claimed. The following provisions apply to such
zones and the trees within them.
(1) The tree protection zone shall have a dimension of not less than one-half
(1/2) the distance to the dripline of the preserved tree, or the minimum tree
protection zones for planted trees set forth in Table 1; whichever is
greater. Tree protection zones shall be barricaded prior to the
commencement of construction and until the Certificate of Occupancy has
been issued.
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(2) The area within any tree protection zone must remain open and unpaved.
The use of perforated pavement may be allowed subject to the approval of
the Administrator.
(3) Deleted
(4) No vehicles shall be parked, construction material stored, substances
poured, disposed of, or placed, within any tree protection zone at any time
during clearing or construction of the project.
(5) No change in grade within the tree protection zone shall be allowed except
for a maximum addition of two (2) inches of sandy loam topsoil covered
with mulch.
(6) Tree wells or tree walls (islands) shall be constructed as needed to protect
the preserved trees from grade changes which result in changes of water
supply to the tree protection zone. Adequate means for drainage of excess
moisture from the tree protection zone shall be provided if tree wells or
tree walls are constructed.
(7) For planted trees, the minimum size Tree Protection Zone centered upon
the planted tree shall be as specified in Table 1.
(8) The ground elevation where trees are to be planted in a street yard shall be
within five (5) feet of the ground elevation of the street right-of-way.
Table 1
Minimum Tree Protection Zone for Planted Trees
Mature Minimum Area **
Tree Size Square Feet Protection Zone
small * 16 2.0' radius
medium * 66 3.0' radius
large * 200 4.0' radius
* A listing of small, medium, and large trees is found in IGO.
** Protection Zone = Minimum distance from tree trunk to edge of
dripline.
(h) Tree standards.
(1) All required trees shall be grown within one climatic zone of Augusta,
GA.
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(2) All required trees shall be nursery grown, typical of their species or
variety, with normal, densely developed branches and vigorous, fibrous
root systems. Trees shall be sound, healthy, vigorous, free from defects,
free from disfiguring knots, free from sun scald injuries, frost cracks
and/or abrasions of the bark, and be free from plant diseases, insect eggs,
borers, and all forms of infestation. All trees shall have a fully developed
form without voids and open space. Trees shall not be loose in the
container or root ball. It is recommended that dug trees shall have been
root pruned at least once.
(3) All required trees shall have straight, single central leaders. Trees that
have the main trunk forming a “Y” shape are not acceptable. Trees that
are not fully branched will not be accepted. Trees shall have no bark
damage and shall not be leaning or have significant sweep, crook or bend.
Trees shall have a minimum 3” caliper and shall have no branch more than
½ the diameter of the main leader and shall have a straight unbranched
trunk to 6’. Trees specified as “multi-stemmed” shall have a minimum of
3 and a maximum of 5 separate canes a minimum of 1” caliper each
coming from the root ball and pruned into tree form with no branches on
the lower half of the tree. Multiple plants shall not be used as a “multi-
stemmed” plant.
(4) All required trees shall be set in the planting pit to proper grade and
alignment, and shall be set upright, plumb and faced to give the best
appearance or relationship to other trees. Each tree shall be set 1-2” above
the finish grade and backfill shall be brought even with the top of the root
ball. No fill shall be permitted atop the root ball.
(5) All burlap, ropes, straps and wires shall be removed from the root ball. If
it is not possible to remove the burlap and wire from the bottom of the root
ball, the burlap and wire shall be cut away from the sides and removed
from the hole.
(6) After required trees are set, the backfill shall be muddled around the base
of the root ball and all voids shall be filled.
(7) All required trees shall have their planting pits mulched with approved
mulching material immediately after planting. The mulched areas shall be
thoroughly water. Note: Mulch shall be placed to a maximum thickness of
3” except at the trunk, where it shall be no more than 1”.
(8) If staking and supports have been installed on the required tree(s), all
staking and supports shall be removed after one growing season.
Attachment number 1Page 20 of 50
17
(i) Tree quality points.
(1) Tree quality points shall be assigned to preserved or planted trees as
described in the Illustrated Guide to Implementing the Augusta-Richmond
County Tree Ordinance (IGO).
a. Deleted
b. Deleted
Table 2
Tree Quality Points for Planted Trees
Mature
Size Acceptable Recommended Preferred
small * 5 5,10,15,20,30 10,15,20,30,40
medium * 5 15,30 30,40,60,90
large * 15 40 40,90
* A listing of small, medium, and large trees is found in the IGO.
(2) Tree quality points for preserved trees. Quality points for trees preserved
on the site are directly related to the tree species quality and the tree
protection zone that must be provided for the tree. For preserved trees,
tree quality points are calculated by squaring the tree's DBH (diameter at
breast height) and multiplying this number by the applicable quality points
factor. If the calculated tree quality points is less than that given for
planted trees in Table 2, then the greater number will apply.
(DBH)2 X (Quality Points Factor) = Tree Quality Points
Table 3
Tree Quality Points Factor
Tree Quality Rating Quality Points Factor *
Acceptable 0.2
Recommended 0.6
Preferred 1.4
Landmark Trees 2.0
* The assigned quality points factor is found in the Tree Species List in IGO.
Attachment number 1Page 21 of 50
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Chapter 8-4-12. COMPLIANCE.
All improvements shown in the Greenspace Plan shall be constructed and all plant
materials shall be in place and approved by Augusta-Richmond County before a
Certificate of Occupancy will be issued for any use of land or structure(s) that is not
exempted from this Ordinance. If at the time of request for a Certificate of Occupancy
the required landscaping is not in place and it can be determined Augusta-Richmond
County personnel that unavailability of plant materials or that weather conditions prohibit
completion of this planting, then the developer may, at the discretion of the Executive
Director, provide an executed contract binding until December 31 of the calendar year in
which the application is made that provides for the completion of such landscaping work,
and also a Performance Bond or an Irrevocable Letter of Credit from a federally insured
lender in an amount to be approved by Augusta-Richmond County commensurate with
the cost of completing the required landscaping.
Existing trees or other landscape features as delineated on previously approved Site Plans
and subsequently installed to conform with the minimum standards of this Ordinance
may not be removed or altered without prior approval of the Tree Commission.
In the event that trees cannot be planted on the site due to hardship, a variance of the Tree
Commission may be applied for. The variance request shall include: the variance fee, as
set forth by the Augusta-Richmond County Planning Commission, a letter explaining the
need for the variance, a mitigation package at a rate of two trees for every tree not planted
on the site, (trees will be planted at another location on the site or at a location as set forth
by the Augusta-Richmond County Tree Commission), and a Landscape Establishment
Bond in the amount of $500 per tree in the mitigation package. If trees are to be planted
offsite, installation of the trees will be the developer’s responsibility, and maintenance for
a two year term, from the date that the trees are planted will also be the developer’s
responsibility. A Maintenance Agreement will also be required for a term of two years,
unless waived by the Augusta-Richmond County Tree Commission. In lieu of the
mitigation package, a fee in the amount of $1500 per tree to be mitigated shall be payable
to Augusta-Richmond County, and deposited in a separate Landscaping Account
(hereinafter referred to as the “Tree Bank”), for placement of or replacement of trees
within the City. A Landscape Establishment Bond nor a Maintenance Agreement will be
required if this option is exercised.
Chapter 8-4-13. LANDSCAPE ESTABLISHMENT BOND.
A two-year Landscape Establishment Bond shall be posted with the Administrator
prior to issuance of the Certificate of Occupancy. This bond shall be in the amount of the
contract award for landscaping or in an amount determined by Augusta-Richmond
County, whichever is higher. After 18 months, the Augusta-Richmond County shall
inspect the site and make a determination as to whether or not the required trees and
landscaping have not been removed, the required trees and landscaping are healthy, the
growth and the integrity of the required trees have not been compromised, the canopy of
the required trees have not been reduced in any fashion, and the required trees have a
reasonable chance of surviving to maturity. Upon such a finding, the bond shall be
released at the end of the two-year Landscape Establishment Bond period. In absence of
Attachment number 1Page 22 of 50
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such a finding, the Landscape Establishment Bond shall not be released and the
owner/developer of the property shall be notified to replace the unhealthy trees and
landscaping or take other appropriate action as required by Augusta-Richmond County.
If the owner/developer fails to comply with the decision of Augusta-Richmond County
within sixty (60) days of receiving a written notice, then the City shall use the Landscape
Establishment Bond to the extent necessary to bring the property into compliance with
the provisions of these regulations.
Before release of the Landscape Establishment Bond, documentation (an Agreement to
Maintain Required Landscaping) shall be signed by the Owner certifying that the
required trees located on the site will not be removed, the growth and the integrity of the
required trees will not be compromised, nor shall the canopy of the required trees be
reduced without prior approval of the Tree Commission.
Chapter 8-4-14. APPEALS AND VARIANCES.
(a) Decisions of the Administrator may be appealed to the Augusta-Richmond
County Tree Commission. The Tree Commission shall also hear requests for
variances from the provisions of this Chapter. The variance request must be made
in writing to the Administrator by the first Monday of any given month for that
month’s Tree Commission meeting. The Tree Commission shall review the
appeal or variance and make its recommendations to the Administrator.
(b) Variances shall only be granted upon a determination that the variance is the
minimum necessary to afford relief and when in the opinion of the Tree
Commission relief is justified.
(c) Variances shall only be granted upon:
(1) A determination that failure to grant the variance would result in
exceptional hardship; and
(2) A determination that the granting of a variance will not adversely impact
the intent and purpose of these regulations.
(d) The Tree Commission may approve, deny, or approve with conditions a request
for a variance. Conditional approval may be granted where mitigation of the
impact is agreed upon by the Tree Commission and the petitioner.
(1) The Tree Commission, at its discretion, may require mitigation plantings in
City street right-of-ways, in City parks, or on other City-owned property.
(2) The Tree Commission, at its discretion, may require a mitigation fee to be
paid to the City’s Trees and Landscape Department, to be used for plantings in
City Street right-of-ways, in City parks, or on other City-owned property.
Attachment number 1Page 23 of 50
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Chapter 8-4-15. ABROGATION AND GREATER RESTRICTIONS.
This Chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this Chapter and another regulation
conflict or overlap, whichever regulation imposes the more stringent restrictions shall
prevail.
Chapter 8-4-16. SEVERABILITY.
If any provision of this Chapter is declared to be invalid, such declaration shall
not affect, impair, or invalidate the remaining provisions of this Chapter.
Chapter 8-4-17. ENFORCEMENT, VIOLATION AND PENALTY.
All violations of the provisions of this Chapter or failure to comply with any of its
requirements shall be reported to the Augusta-Richmond County Tree Commission.
Once a violation is evident, the Augusta-Richmond County Tree Commission, acting on
behalf of the Augusta Commission, shall notify the owner in writing of the apparent
violation of this Chapter. The written notice shall direct the owner to cease the violation
until such time as the requirements and procedures of this Chapter have been met. Upon
failure of the owner to comply with this notice, the Augusta-Richmond County Tree
Commission shall notify the Augusta City Attorney of the violation and the Augusta City
Attorney shall immediately begin legal procedures in the Superior Court of Richmond
County to prevent, enjoin, abate, or terminate such violations in addition to injunctive
relief. All persons, firms or corporations failing to comply with the mandatory provisions
hereof or doing any act prohibited hereby shall be guilty of a misdemeanor and shall be
punished as provided in Chapter 1-6-1 of this Code. Each day such violations continue
shall be considered a separate offense. Nothing herein contained shall prevent the
Augusta Commission from taking such other lawful action as is necessary to prevent or
remedy any violations.
Any action resulting in the death or destruction of a public tree on City property or within
City right-of-way shall be subject to a fine depending on the size of the tree. Trees of 3”-
10” caliper will be fined $1000 per damaged/destroyed tree toward the replacement of
tree(s) of equal caliper, species to be approved by the Augusta-Richmond County Tree
Commission. Replacement trees must carry a 2 year Landscape Establishment Bond per
the requirements of 8-4-13. Trees larger than 10” caliper will be fined $1,000 plus
replacement cost of the tree, as determined by the Augusta-Richmond County Tree
Commission, up to a maximum of $10,000 per tree. The replacement tree shall be of
equal caliper or as approved by the Augusta-Richmond County Tree Commission.
Replacement trees must carry a 2 year Landscape Establishment Bond per the
requirements of 8-4-13. Nothing herein contained shall prevent the Augusta Commission
from taking such other lawful action as is necessary to prevent or remedy any violations.
Attachment number 1Page 24 of 50
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Done in Open Meeting under the Common Seal thereof this ____________ day of
__________________________, 2011.
Approved by the Augusta Commission this ____________ day of
__________________________, 2011.
Deke Copenhaver, Mayor
ATTEST:
______________________________________________
Lena J. Bonner
Clerk of Commission
First reading - _____________________________
Second reading - ___________________________
Attachment number 1Page 25 of 50
AUGUSTA-RICHMOND COUNTY
ILLUSTRATED GUIDE
REVISED: January 2011
Attachment number 1Page 26 of 50
ILLUSTRATED GUIDE TO IMPLEMENTING
THE AUGUSTA-RICHMOND COUNTY TREE ORDINANCE (IGO)
I. Purpose 1
II. Calculations for Tree Protection and Tree Establishment Elements of a
Greenspace Plan 1
III. Tree Species List 4
IV. Tree and Site Related Disturbances 16
V. Methods of Tree Protection 18
VI. Standards for Remedial Tree Care 21
VII. Standards for Selecting Quality Planting Stock 21
VIII. Transplanting Standards 21
IX. Criteria for Landmark Trees 22
Appendix 23
Attachment number 1Page 27 of 50
1
ILLUSTRATED GUIDE TO IMPLEMENTING
THE AUGUSTA-RICHMOND COUNTY TREE ORDINANCE
I. Purpose
This document provides standards and specification for use in determining
whether or not a development project as defined in Section VIII (A) of the Augusta-
Richmond County Tree Ordinance is in compliance with the provisions of that
Ordinance. Specifically the standards and specifications contained herein shall be used to
determine compliance with the tree protection and tree establishment provisions of the
Greenspace Plan as required by Section VIII (C) of the Augusta-Richmond County Tree
Ordinance.
II. Calculations for Tree Protection and Tree Establishment Elements of a
Greenspace Plan
A. Standard – It must be demonstrated that land to be cleared for development or land being
proposed for development shall have, after development, not less than 1,000 tree quality
points per acre on a given site (Ref. Section VIII (F) of Augusta-Richmond County Tree
Ordinance). In order to receive tree quality points, any planted tree must be provided
with a minimum Tree Protection Zone based upon its mature size as defined in the tree
list. Trees that are to be preserved on a site must be protected (i.e. tree fences, no
grading, fill or vehicular encroachment) within an area that is defined by a diameter in
feet that is one and one half times the DBH of the tree in inches in order to qualify for
Tree Quality Points. For example:
A tree with a 40 inch DBH must be protected within a radius of 30 feet from the tree. (Refer to
Illustration 1: Tree Protection Zone)
40” x 1.5 = 60 foot diameter
Radius = ½ x diameter
= ½ x 60 = 30 feet
The area of this Tree Protection Zone is calculated as follows:
Area = (pi)(r)²
=3.141 (30)²
=2826.9 square feet
Guidelines for tree protection are found in Section V – IX of this guide.
Tree Quality Points quantify the relative value of one tree to another based on three
criteria:
1. Species Quality: This is a mixture of objective and subjective measures based
upon maintenance records, scientific research, and the experience of experts in
the field. The relative value of species has been determined specifically for the
Augusta area and environment. Species’ quality is ranked in order of increasing
desirability as Acceptable, Recommended, or Preferred.
Attachment number 1Page 28 of 50
2
Attachment number 1Page 29 of 50
3
2. Space Requirement: This factor applies to trees that are retained on a site. Since
large diameter trees require proportionately larger areas to be set aside as a Tree
Protection Zone, Tree Quality Points are assigned in proportion to this space
requirement.
3. Expected Mature Value: For trees that are planted on a site, Tree Quality Points
assignment is in proportion to the potential size of the tree species and the
minimum planting space in which that species can develop in a safe and healthy
manner. The mature size is categorized in terms of small, medium, or large.
B. Method: For preserved trees, Tree Quality Points assignment is calculated by
multiplying the (DBH)² by the Tree Quality Points Factor. If the calculated Tree Quality Points is
less than that given for planted trees, then the greater number shall apply. The Tree Quality
Points Factors for preserved trees are as follows:
(DBH)² x (Quality Points Factor) = Tree Quality Points
Species Rating Quality Points Factor
Acceptable 0.2
Recommended 0.6
Preferred 1.4
*Landmark 2.1
*Landmark trees must be certified by the Department of Public Works.
For planted trees, Tree Quality Points assignment can be found on the following chart after
checking the tree species for desirability rating:
Mature Size Acceptable Recommended Preferred
Small 5 5,10,15,20,30 10,15,20,30,40
Medium 5 15,30 30,40,60,90
Large 15 40 40,90
C. Example Calculation: A restaurant is being planned. The number of Tree Quality
Points required for the site calculated by multiplying the area of the site by 1,000 (1.75 acres x
1,000 =1750 Tree Quality Points). The developer wishes to save six existing trees on the site.
The formula for calculating Tree Quality Points for preserved trees is: (DBH)² x (Quality Points
Factor) = Tree Quality Points. The calculation of Tree Quality Points that would accrue to the six
preserved trees is as follows:
Attachment number 1Page 30 of 50
4
Note that the Quality Points Factor is provided for each species in the tree lists.
Tree #1 12” DBH Water Oak (12)² x 0.6 = 86.4 TQPs
Tree #2 16” DBH Loblolly Pine (16)² x 0.6 = 153.6 TQPs
Tree #3 10” DBH Loblolly Pine (10)² x 0.6 = 60.0 TQPs
Tree #4 16” DBH Loblolly Pine (16)² x 0.6 = 153.6 TQPs
Tree #5 8” DBH Red Maple (8)² x 0.6 = 38.4 TQPs
Tree #6 4” DBH Dogwood (4)² x 1.4 = 22.4 TQPs
Total 514.40 TQPs
*Note that the TQPs are less than what is given for planted trees, so the greater number will
apply.
The Developer must therefore plant enough trees on the site to make up the difference between
the 1750 required Tree Quality Points and the 514.40 points he will receive for preserved trees, or
1235.6 TQPs. The Tree Protection and Tree Establishment of the Greenspace Plan for the project
show that thirty-one new trees will be planted on the site for the street yard and parking lot
requirement.
Tree Symbol Species #Trees TQPs Total TQPs
Planted
CM Crepe Myrtle 12 x 40 480
WO Willow Oak 2 x 90 180
RM Red Maple 7 x 40 280
JM Japanese Maple 2 x 30 60
H Holly 2 x 30 60
GR Golden Rain Tree 6 x 30 180
Total TQPS 1240
Quality points are assigned to each tree to be planted by comparing the species rating to the size
at maturity. By adding the individual tree quality points of all thirty-one trees to be planted, it is
determined that the sum is 1240 TQPs. This exceeds the 1235.6 points needed so the Tree
Protection and Tree Establishment Elements of the Greenspace Plan are acceptable.
III. Tree Species Lists
The following pages list species by size classifications that shall be used to determine the
Quality Rating of trees to be preserved or planted as well as the quality points. Tree species or
cultivars not listed will be considered by the Tree Commission upon request and quality points
assigned accordingly.
Attachment number 1Page 31 of 50
5
SECTION III
NATIVE TREE SPECIES LIST
LARGE TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Ash, Green Preferred 90 1.4
Fraxinys pennsylvanica
2. Ash, White Preferred 90 1.4
Fraxinus, americana
3. Basswood, White Recommended 40 0.6
(Linden)
Tilia heterophylla
4. Beech, American Preferred 90 1.4
Fagus, grandifolia
5. Birch, River Recommended 40 0.6
Betula nigra
“Dura-Heat”
6. Cedar, Eastern Red ** Preferred 40 2.0
Juniperus virginiana
7. Cypres, Bald Preferred 90 1.4
Taxodium distichum
8. Cypress, Pond Recommended 40 0.6
Taxodium ascendens
9 . Elm, American * Preferred 90 1.4
Ulmus americana
must be “Princeton” or “Jefferson” for new planting
10. Elm, Slippery Recommended 40 0.6
Ulmus rubra
11. Elm, Winged Recommended 40 0.6
Elmus alata
12. Hickory, Mockernut ** *** Recommended 40 0.6
Carya tomentosa
13. Hickory, Pignut ** *** Recommended 40 0.6
Carya glabra
* If cultivar “Princeton” is used, specie becomes “preferred” with appropriate increase in quality
points (90 points).
** Quality points for retention will be rewarded as shown provided tree is a minimum caliper of 4
inches. Less than that will be awarded the factor less 25%
*** Not recommended for parking lots
Attachment number 1Page 32 of 50
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NATIVE TREE SPECIES LIST
LARGE TREES (Continued)
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
14. Magnolia, Southern *** Preferred 90 1.4
Magnolia granifolia
15. Maple, Florida Preferred 90 1.4
Acer barbatum
16. Maple, Red Species *** Recommended 40 0.6
Acer rubrum
“Red Sunset”
“October Glory”
“Autumn Flame”
“Autumn Blaze”
“Drumondii”
“Summer Red”
17. Maple, Sugar Preferred 90 1.4
Acer saccharum
“Legacy”
18. Mulberry Red Acceptable 15 0.2
Morus rubra
19. Oak, Chestnut Preferred 90 1.4
Quercus prinus
20. Oak Darlington Recommended 60 0.6
Quercus hemispherica
21. Oak, Laurel Recommended 60 0.6
Quercus laurifolia
22. Oak, Live *** Preferred 90 1.4
* Quercus virginiana
23. Oak, Northern Red Preferred 90 1.4
Quercus rubra
24. Oak, Nuttall Preferred 90 1.4
Quercus nuttallii
25. Oak, Pin Preferred 90 1.4
Quercus palustris
26. Oak, Shumard Preferred 90 1.4
Quercus shumardii
27. Oak, Southern Red Preferred 90 1.4
Quercus falcata
*** Not recommended for parking lots
Attachment number 1Page 33 of 50
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NATIVE TREE SPECIES LIST
LARGE TREES (Continued)
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
28. Oak, Swamp Chestnut Preferred 90 1.4
Quercus mechauxii
29. Oak, Scarlet Preferred 90 1.4
Quercus coccinea
30. Oak, Water Recommended 40 0.6
Quercus Nigra
31. Oak, White Preferred 90 1.4
Quercus alba
32. Oak, Willow Preferred 90 1.4
Quercus, phellos
33. Pine, Loblolly *** Recommended 40 0.6
Pine taeda
34. Pine, Longleaf *** Recommended 40 0.6
Pinus palustris
35. Poplar, Yellow Preferred 90 1.4
Liriodendron tulipifera
36. Sourwood Recommended 40 0.6
Oxydendrum arboreum
37. Sugarberry (Hackberry) Recommended 40 0.6
Celtis laevigata
38. Sweetgum (seedless) Preferred 90 1.4
Liquidambar styraciflua
(Rotundiloba only for new planting)
39. Sycamore, American *** Recommended 40 0.6
Platanus occidentalis
40. Tupelo, Black (Blackgum) Preferred 90 1.4
Nyssa sylvatica 'forum’
*** Not recommended for parking lots or street yards
Attachment number 1Page 34 of 50
8
SECTION III
NATIVE TREE SPECIES LIST
MEDIUM TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Carolina Silverbell Preferred 30 1.4
Halesia caroliniana
2. Holly, American Preferred 30 1.4
Ilex opaca
3. Hophornbeam, Eastern Preferred 60 1.4
Ostrya virginiana
4. Hornbeam, American Preferred 60 1.4
Carpinus caroliniana
5. Persimmon *** Recommended 15 0.6
Diospyros virginiana
6. Pine, Virginia *** Recommended 30 0.6
Pinus virginiana
7. Sassafras Recommended 30 0.6
Sassafras albidum
8. Sweetbay *** Preferred 60 1.4
Magnolia virginiana
*** Not recommended for parking lots or street yards
Attachment number 1Page 35 of 50
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SECTION III
NATIVE TREE SPECIES LIST
SMALL TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Buckeyes Recommended 10 0.6
Aesculus spp.
2. Devilwood Preferred 15 1.4
Osmanthus americanus
3. Dogwood, Flowering Preferred 20 1.4
Cornus florida
4. Downy Serviceberry Preferred 20 1.4
Amelanchier arborea
5. Hawthorn Preferred 20 1.4
Crataegus spp.
6. Loblolly Bay Recommended 5 0.6
Gordonia lasianthus
7. Maple, Chalkbark Preferred 20 1.4
Acer leucoderme
8. Redbay Recommended 5 0.6
Persia borbonia
9. Redbud, Eastern Preferred 20 1.4
Cercis canadensis
10. Red Cedar Preferred 40 1.4
Juniperus virginiana
“Burkii” or “Brodie”
11. Waxmyrtle Recommended 5 0.6
Myrica cerifera
12. Yaupon Holly Recommended 10 0.6
Ilex vomitoria
Attachment number 1Page 36 of 50
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SECTION III
ORNAMENTAL AND EXOTIC SPECIES LIST
LARGE TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Chinese Elm Preferred 90 1.4
Ulmus parvifolia
(all cultivers except “Drake”)
2. Cryptomeria *** Preferred 90 1.4
Cryptomeria japonica
3. Dawn Redwood Preferred 90 1.4
Metasequoia
glyptostroboides
4. Ginko Preferred 90 1.4
Ginko biloba
(male only)
5. Japanese Zelkova *** Recommended 40 0.6
Zelkova serrata
6. Pistacio Preferred 90 1.4
Pistacio chinensis
7. Deodora Cedar Preferred 40 1.4
(Cedrus Deodora)
*** Not recommended for landscape islands in parking lots
Attachment number 1Page 37 of 50
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SECTION III
ORNAMENTAL AND EXOTIC SPECIES LIST
MEDIUM TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. American Yellowood 60 1.4
Cladrastis Kentukea Preferred
2. Callery Pear Recommended 30 0.6
Pyrus calleryana
“Aristocrat”
3. Callery Pear Recommended 30 0.6
Pyrus calleryana
“ Cleveland Select”
4. Chinese Evergreen Oak Preferred 40 1.4
Quercus myrsinifolia
5. Foster Holly *** Preferred 30 1.4
Ilex opaca “fosteri”
6. Japanese Evergreen Oak Recommended 15 0.6
Quercus acuta
7. Savannah Holly *** Preferred 30 1.4
Ilex Opaca “Savannah”
8. Trident Maple Preferred 90 1.4
Acer buergeranum
10. Green Giant Aborvitae *** Preferred 90 1.4
(Thuja)
11. Parrotia Preferred 90 1.4
*** Not recommended for parking lots or streetyards
Attachment number 1Page 38 of 50
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SECTION III
ORNAMENTAL AND EXOTIC TREE SPECIES LIST
SMALL TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Blue Japanese Oak Recommended 5 0.6
Quercus glauca
2. Callaway Crabapple Recommended 5 0.6
Malus prunifolium
“Callaway” only
3. Cherry Plum Recommended 5 0.6
Prunus cerasifera
“Newport”
4. Chinese Fringetree Preferred 30 1.4
Chionanthsu retusus
5. Chinese Redbud Preferred 10 1.4
Cercis chinensis
6. Crepe Myrtle Preferred 40 1.4
Lagerstroemia
“Natchez”
“Tuscarom”
“Fantasy”
“Muscogee”
“Dynamite”
“Sioux”
7. Fragrant Tea Olive Recommended 15 0.6
Osmanthus fragrans
8. Golden Raintree * Preferred 30 1.4
Koelreuteria
paniculata or bipinata
9. Higan Cherry Recommended 5 0.6
Prunus subhirtella
10. Japanese Dogwood Preferred 30 1.4
Cornus Kousa
11. Japanese Maple Recommended 30 0.6
Acer palmatum
various cultivers
12. Lilac Chaste Spikenard Recommended 15 0.6
Vitex agnus-castus
* Not in parking lots
Attachment number 1Page 39 of 50
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SECTION III
ORNAMENTAL AND EXOTIC TREE SPECIES LIST
SMALL TREES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
13. Nellie R. Stevens Holly Recommended 10 0.6
Ilex aquifolium X cornuta
14. Okame Cherry * Preferred 15 1.4
Prunus
“X Okame”
15. Oriental Arborvitae Acceptable 5 0.2
Thuja orientalis
16. Sasanqua Camellia Recommended 10 0.6
Camellis sasanqua
17. Silky Stewartia Recommended 5 0.6
Stewartia malacodendron
18. Star Magnolia Recommended 10 0.6
Magnolia stellata
19. Taiwan Cherry Recommended 15 0.6
Prunus campanulata
20. Tea Olive Preferred 15 1.4
Osmanthus X fortunei
21. Tulip Tree Preferred 15 1.4
Magnolia X soulangiana
22. Yoshino Cherry Recommended 10 0.6
Prunus yoshino
* Not in parking lots
Attachment number 1Page 40 of 50
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SECTION III
TREES TO BE PLACED UNDER POWER LINES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. American Hophornbeam Preferred 90 1.4
Ostrya Virginiana
2. American Hornbeam Preferred 90 1.4
Carpinus Caroliniana
3. American Yellowood Preferred 90 1.4
Cladrastis Kentukea
4. Carolina Silverbell Preferred 90 1.4
Halesia Carolina
5. Chinese Fringe Tree Preferred 90 2.0
Chionanthus Retusus
6. Chinese Pistache Preferred 90 1.4
Pistacia Chinensis
7. Fringe Tree Preferred 90 2.0
Chionanthus Virginicus
8. Goldenrain Tree Preferred 90 1.4
Koelreuteria Paniculata
9. Hawthorn Preferred 90 1.4
Crataegus Species
10. Japanese Dogwood Preferred 90 1.4
Cornus Kousa
11. Trident Maple Preferred 90 1.4
Acer Buergerianus
12. Crepe Myrtle Preferred 40 1.4
(except “Natchez”
or “Fantasy”)
Attachment number 1Page 41 of 50
15
SECTION III
TREES TO BE PLACED UNDER HIGH TRAMSMISSION POWER LINES
Quality Points
Common Name Quality Points Factor for
Scientific Name Quality Rating For Planting Retention
1. Cornus Florida Recommended 40 0.6
Dogwood
2. Lagerstroemia Indica Preferred 90 1.4
(Except Natchez or Fantasy)
3. Ilex Vomitoria Preferred 40 1.4
Shadow’s Female
Yaupon Holly
4. Ilex Fosteri Preferred 40 1.4
Foster Holley
*** Not recommended for parking lots or streetyards
Attachment number 1Page 42 of 50
16
IV. TREE AND SITE RELATED DISTURBANCES
A. Trees protection zones, exceptional trees or stands of trees designated to be saved must
be protected from the following damages during all phases of land disturbances and
construction processes, in order to qualify for Tree Quality Points.
1. Direct physical root damage.
2. Indirect root damage.
3. Trunk and crown disturbances.
B. Direct physical root damage most frequently occurs during site clearing and grading
operations where transport or feeder roots are cut, torn, or removed.
1. Transport and absorptive roots tend to tangle and fuse among the roots of adjacent
trees, The removal of trees with heavy machinery along the outer periphery of a tree
save area can result in considerable damage within the tree save area.
2. The most substantial form of physical root damage for all root types occurs in the
form of cut roots. Roots are cut in grade reduction, or from trenching for
underground utilities, sanitary sewer, or storm sewer lines.
3. A more subtle form of root damage is the loss of absorptive roots. Absorptive roots
normally occur in the top four inches of soil, and can be damaged by any vehicular
traffic. The stripping of top soil within a tree’s critical root zone can totally eliminate
its feeder root system. Critical root zone is illustrated in illustration 3.
C. Indirect root damage through site modification can result from positive grade changes,
temporary storage of fill materials, the sedimentation of erosion materials, soil
compaction, and soil chemical changes.
1. Grade changes from fill and sedimentation causes a decrease in soil oxygen levels.
An increase in soil carbon dioxide and other toxic gases can also occur, leading to
large areas of anaerobic conditions. Anaerobic soil conditions cause a decrease in the
root respiration process which is essential for the uptake and transport of minerals
and nutrients.
2. Anaerobic soil conditions are also produced soil compaction, the increase in soil bulk
density with a decrease in soil pore space. Compacted soil is also impervious to root
penetration, and thus inhibits root development. Soil compaction is generally caused
by the weight and vibrations of heavy machinery, vehicle parking, and the storage of
fill and/or construction materials within the critical roots zones of trees.
3. Changes in soil chemistry will adversely affect tree survival. The most frequent
occurrence is the change (decrease) in soil acidity by concrete washout which is
highly basic. The leakage or spillage of toxic material such as fuels or paints can be
fatal to trees.
Attachment number 1Page 43 of 50
17
Attachment number 1Page 44 of 50
18
D. Trunk and crown disturbances are generally mechanical in nature and are either caused
directly by clearing and grading machinery, or indirectly by debris being cleared and
falling into trees marked for protection.
1. Common forms of damages include stripped bark and cambium, split trunks, and
broken limbs.
2. Damage also occurs from the posting of signs such as building permits, or survey
markers on trees.
3. Indirect damage can be caused by the placement of burn holes or debris fires too
close to trees. The possible range of damages include scorched trunks with some
cambial dieback, the loss of foliage due to evaporative heat stress (leaf desiccation),
and completely burned trunks and crowns.
V. METHODS OF TREE PROTECTION
A. Planning considerations. Tree space is the most critical factor in tree protection
throughout the development process. The root systems of trees can easily extend beyond
the drip line of the tree canopy. The root system within the drip line region is generally
considered to be the critical root zone. (Illustration 3). Disturbance within this zone can
directly affect a tree’s chances for survival. To protect these critical zones, the following
standards shall apply:
1. The minimum Tree Protection Zone, shall be an area centered on each tree with a
diameter in feet, equivalent to one and one half times the tree diameter in inches,
measured at breast height (Illustration 1). Provided, however, in no case shall the
area be less than the minimum Tree Protection Zone for a planted tree of the same
species found on Table 1, Section VIII (G.7) in the Tree Ordinance for Richmond
County, Georgia.
2. If more than one tree is included in one preserved area, the total minimum preserved
area shall include the minimum Tree Protection Zone for each tree in the preserved
area.
3. For initial clearing of the site, an additional area of not less than twenty feet (20) in
width shall be added to the perimeter of the Tree Protection Zones until approved tree
protection devices are erected.
4. Layout of the project site utility and grading plans should accommodate the required
Tree Protection Zones. Utilities must be placed along corridors between Tree
Protection Zones.
5. Construction site activities such as parking, materials storage, concrete washout, burn
hole placement, etc… shall be arranged so as to prevent disturbances within the Tree
Protection Zones.
Attachment number 1Page 45 of 50
19
6. No disturbances shall cover within the Tree Protection Zone of trees or stands of
trees without prior approval by the Department of Public Works.
B. Protective Barriers
1. The minimum tree protection device shall be a fence constructed at and around the
perimeter of the Tree Protection Zone. Minimum fence height shall be four feet (4)
(Illustration 4). The Administrator shall approve protective fencing which provides
an adequate level of protection.
2. Tree protection devices shall be erected as soon as practical prior to the start of
construction and shall remain in place until final inspection and approval of the
project. Broken or dislodged tree protection devices shall be immediately repaired.
3. All Tree Protection Zones should be designated as such with “Tree Protection Zone”
signs posted visibly on all sides of the fenced in areas. These signs are intended to
inform subcontractors of the tree protection process. Signs requesting subcontractor
cooperation compliance with tree protection standards are recommended for site
entrances.
4. All designated Tree Protection Zones must be protected from the sedimentation of
erosion material.
a) Silt screening must be placed along the outer uphill edge of the Tree Protection
Zone. Minimum fence height shall be four feet (4) (Illustration 4). The
Administrator shall approve protective fencing which provides an adequate level
of protection.
b) Tree protection devices shall be erected as soon as practical prior to the start of
construction and shall remain in place until final inspection and approval of the
project. Broken or dislodged tree protection devices shall be immediately
repaired.
5. All tree fencing and erosion control barriers must be installed prior to and maintained
throughout the land disturbance process, and should not be removed until
landscaping is installed.
Attachment number 1Page 46 of 50
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Attachment number 1Page 47 of 50
21
VI. STANDARDS FOR REMEDIAL TREE CARE
Refer to the following publications for remedial tree care:
1. Shigo, Alex L., Modern Arboriculture, Shigo and Trees, Associates, 1991
2. Tree Establishment and Protection Manual
You can find a copy at the following offices in Augusta, GA:
a) Georgia Forestry Commission
2615 Tobacco Road
Hephzibah, Georgia 30815
706-771-4922
b) Augusta-Richmond County Planning Commission
525 Telfair Street
Augusta, Georgia 30901
706-821-1796
c) University of Georgia Extension Service
602 Greene Street
Augusta, Georgia 30901
706-821-2349
VII. STANDARDS FOR SELECTING QUALITY PLANTING STOCK
Refer to the following publication for selection quality planting stock:
American Standard for Nursery Stock, American Association of Nurserymen, Inc., ANSI
Z60.1,1986
VIII. TRANSPLANTING STANDARDS
Refer to the following publications for transplanting information:
1. Tree and Shrub Transplanting Manual, International Society of Arboriculture, 1990,
revision.
2. Tree Establishment and Protection Manual
This manual can be found at the referenced offices in Section VI, 2.
Attachment number 1Page 48 of 50
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IX. CRITERIA FOR LANDMARK TREES.
The designation of a Landmark Tree shall be based upon an evaluation of the tree in relation to
the criteria set forth:
1. The tree is demonstrated to have an association with a documented historical event,
or is located on an historic site.
2. The tree has unusually high aesthetic value.
3. The tree is of unique character because of its age, species, variety, location, or
because of the size and development of its crown, trunk, or main stem.
4. The tree is free of contagious diseases, pests and other serious injury.
5. The tree has a life expectancy of more than ten years.
6. The tree is free from structural defects which would present a hazard to the public.
Attachment number 1Page 49 of 50
23
APPENDIX
TECHNICAL TERMS
1. Cambium – Tissue within the woody portion of trees and shrubs which gives rise to the
woody water and nutrient conducting system, and the energy substrate transport system
in trees. Cambium growth activity results in a tree’s radial development, i.e. increase in
diameter.
2. Cambial dieback – The irreparable radial or vertical interruption of a tree’s cambium,
usually caused by mechanical damage, such as “skinning bark”, or from excessive heat.
3. Absorptive roots – A complex system of small annual roots growing outward and
predominantly upward from the system of transport roots. These roots branch four or
more times to form fans or mats of thousands of fine, short, non-woody tips. Many of
these small roots and their multiple tips are 0.2 to 1 mm or less in diameter and less than
2 mm long. These roots constitute the major fraction of a tree’s root system surface area,
and are the primary sites of absorption of water and nutrients.
4. Root collar – The point of attachment of major woody roots to the tree trunk, usually at or
near the ground line and associated with a marked swelling of the tree trunk.
5. Root respiration – An active process occurring throughout the absorptive root system of
trees, and involving the consumption of oxygen and sugars with the release of energy and
carbon-dioxide. Root respiration facilitates the uptake and transport of minerals and
nutrients essential for tree survival.
6. Soil compaction – A change in soil physical properties which includes an increase in soil
weight per unit volume, and a decrease in soil pore space. Soil compaction is caused by
repeated vibrations, frequent traffic and weight. As related to tree roots, compacted soil
can cause physical damage, a decrease in soil oxygen levels and an increase in toxic
gases, and can be impervious to new root development.
Attachment number 1Page 50 of 50
Commission Meeting Agenda
1/18/2011 5:00 PM
USGS Agreement for Ground Water Monitoring January-December 2011
Department:Tom Wiedmeier PE, Director Utilities Department
Caption:Authorize the execution of an agreement with the U. S. Department of the
Interior U. S. Geological Survey (USGS) for the operation, modeling, and
analyzing of monitoring wells to investigate water levels and water quality
for Augusta’s Groundwater Production Facilities in the amount not to
exceed of $89,412.
Background:Monitoring ground-water levels and quality is important for protection and
effective management of our water resources. The Augusta water supply at
our three Ground Water Production Facilities draws water from the Dublin-
Midville aquifer system. The monitoring program being proposed will
provide valuable information needed to continue to protect Augusta’s water
source.
Analysis:The proposed program is to continue monitoring the current ground-water
levels, flow directions, and water quality in the Dublin –Midville aquifer
system up gradient of Wellfield #1, Wellfield #2 and Wellfield #3. The data
gathered from the monitoring program will provide information to support
water-management and water quality protection at our production facilities.
This proposal also includes a ground water modeling component.
Financial Impact:Funds for this authorization can be charged to: 506043530-5213119
Alternatives:No alternatives are recommended.
Recommendation:We recommend the Commission authorize the execution of an agreement
with the U. S. Department of the Interior U. S. Geological Survey (USGS)
for the operation, modeling, and analyzing of monitoring wells to investigate
water levels and water quality for Augusta’s Groundwater Production
Facilities in the amount not to exceed of $89,412.
Funds are Available in
the Following
Accounts:
506043530-5213119
REVIEWED AND APPROVED BY:
Finance.
Cover Memo
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/18/2011 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the Commission
held January 4, 2011.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
1/18/2011 5:00 PM
2011 Budget Resolution
Department:
Caption:Motion to approve 2011 Budget Resolution.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
1/18/2011 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