HomeMy WebLinkAbout2011-02-01-Meeting Agenda
Commission Meeting Agenda
Commission Chamber
2/1/2011
5:00 PM
INVOCATION:
Reverend Brian LaFavor, Pastor, Crawford Avenue Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
PRESENTATION(S)
A. Presentation from Mr. J. R. Smalls/Buffalo Soldiers to Augusta Recreation and Parks.
Attachments
B. Dr. William Bloodworth, Jr., President, Augusta State University. RE: A Report
from Augusta State University.
Attachments
Five (5) minute time limit per delegation
DELEGATIONS
C. Mr. Ben Hasan. RE: Continued public discussion relative to the proposed
reorganization plan.
Attachments
CONSENT AGENDA
(Items 1-29)
PUBLIC SERVICES
1. Motion to approve an Operational Agreement with South Augusta Community
Development Corporation (SACDC) for operation of Barton Village Community
Center. (Approved by Public Services Committee January 24, 2011)
Attachments
2. Motion to approve New Application: A. N. 11 - 01: 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. subject to the
License & Inspections Director meeting with the Sheriff's Office to review the
claims of panhandlers and vagrants frequenting the area. (Approved by Public
Services Committee January 24, 2011)
Attachments
3. Motion to approve New Application: A. N. 11 - 05: request by Melissa Ruiz for an
on premise consumption Beer & Wine license to be used in connection with Burrito
Rico & Wings, Inc. located at 3706 B Mike Padgett Hwy. There will be Sunday Sales.
District 8. Super District 10. (Approved by Public Services Committee January 24,
2011)
Attachments
4. Motion to approve New Ownership Application: A. N. 11 - 06: request by Chartara
L. Newman for an on premise consumption Liquor, Beer & Wine license to be used
in connection with Club 51/ 50 located at 2864 Deans Bridge Rd. There will
be Dance. District 2. Super District 9. (Approved by Public Services Committee
January 24, 2011)
Attachments
5. Motion to approve an ordinance to amend Augusta-Richmond County Code § 6-6-45
License to Operate Arcades so as to define ‘Arcade’ to allow for the continued
operation of amusement businesses. (Approved by Pubic Services Committee
January 24, 2011)
Attachments
6. Motion to approve rejecting the Bus and Shelter Advertisers bids for Augusta Public
Transit and rebid the contract both separately and collectively for advertising on the
buses themselves; and also on the bus shelters; and that the current services be
maintained at the current rates until the matter is settled. (Approved by Public
Services Committee January 24, 2011)
Attachments
7. Motion to award a contract to Reeves Construction in the amount of $4,310,823.10
for the construction of a vehicle parking lot associated with the Passenger Terminal
Facility at the Augusta Regional Airport subject to the Attorney's approval.
(Approved by the Public Services Committee January 24, 2011)
Attachments
8. Motion to approve a request by Joe L. Jones for a Dance License to be used in
connection with J's Lounge located at 3663 Deans Bridge Rd. There will be Dance.
District 5. Super District 9. (Approved by Public Services Committee January 24,
2011)
Attachments
9. Motion to approve a request by Chong S. Christenson for a Dance License to be
used in connection with Chongs Lounge located at 3243 Deans Bridge Rd. There will
be Dance. District 5. Super District 9. (Approved by Public Services Committee
January 24, 2011)
Attachments
10. Motion to approve Bid Item #10-197, improvements to The Boathouse Community Attachments
Facility to RCN Contracting, Inc. in the amount of $251,039.00. (Approved by
Public Services Committee January 24, 2011)
11. 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. (Approved by the Commission January 18, 2011- second reading)
Attachments
12. Motion to approve the renewal of a lease with Augusta Housing Authority for Barton
Village Community Center. (Approved by Public Services Committee January 24,
2011)
Attachments
13. Motion to approve surveying, planning and engineering design services at Diamond
Lakes Regional Park to Cranston Engineering Group in the amount of $55,940.
(Approved by Public Services Committee January 24, 2011)
Attachments
ADMINISTRATIVE SERVICES
14. Motion to approve personnel policy and procedures manual with work sessions to be
scheduled if necessary to respond to any questions that commissioners may have.
(Approved by Administrative Services Committee January 24, 2011)
Attachments
15. Motion to approve submission of an NSP3 Substantial Amendment Abbreviated Plan
by the Housing and Community Development Department for proposed activities
outlined herein. (Approved by Administrative Services Committee January 24,
2011)
Attachments
PUBLIC SAFETY
16. Motion to approve revised maintenance agreement with Pictometry International to
provide new 2011 oblique imagery and related software and product support to
Augusta. (Approved by Public Safety Committee January 24, 2011)
Attachments
17. Motion to approve a Professional Services Agreement between the Medical College
of Georgia Physicians Practice Group Foundation and the Augusta Richmond County
Fire Department. (Approved by Public Safety Committee January 24, 2011)
Attachments
18. Motion to award Bid Item #10-193, Construction of Fire Station #10, to Continental
Construction Inc. as low bid. (Approved by Public Safety Committee January 24,
2011)
Attachments
19. Motion to approve payment to New World Systems, Inc. for Standard Software
Maintenance for the period covering January 1, 2011 - December 31, 2011.
(Approved by Public Safety Committee January 24, 2011)
Attachments
FINANCE
20. Motion to approve selected dates for building closure regarding the implementation of
furlough reduction for 2011 and to declare those dates "unpaid days of rest" in
accordance with O.C.G.A. 36-1-12 and 15-6-93. (Approved by Finance Committee
January 24, 2011)
Attachments
21. Motion to approve a request from Juvenile Court to carry over the remaining New
Program funds they were granted in the 2010 budget. (Approved by Finance
Committee January 24, 2011)
Attachments
22. Motion to approve placing recaptured funds from completed SPLOST Phase V
projects into construction fund for Fire Station #10. (Approved by Finance
Committee January 24, 2011)
Attachments
23. Motion to authorize submission of a grant application to the Georgia Department of
Natural Resources (DNR) to help finance Phase 1 of a historic properties survey of
the Summerville National Register Historic District. (Approved by Finance
Committee January 24, 2011)
Attachments
ENGINEERING SERVICES
24. Motion to approve Capital Project Budget Change Number Six and Construction
Change Order One for additional site drainage improvement work in the amount of $
244,407.11 to Blair Construction, Inc. for the Belair Hills Subdivision Road and
Drainage Improvements project. Funding will be from SPLOST Phase IV Recapture
as requested by AED. (Approved by Engineering Services Committee January
24, 2011)
Attachments
25. Motion to approve Capital Project Budget Change Number Two (324-041110-
210824002) and Supplemental Agreement Number Two for the On-Call Construction
Services Agreement with Moreland Altobelli Associates, Inc. in the amount of
$56,400.00; to continue construction management services on the Walton Way
Resurfacing Project as requested by AED. Funding is available in SPLOST Phase IV
Fund Balance account. (Approved by Engineering Services Committee January
24, 2011)
Attachments
26. Motion to approve the use of available federal funding for planning and preliminary
engineering for relocation of a section of CSX railroad line through Augusta.
(Approved by Engineering Services Committee January 24, 2011)
Attachments
27. Motion to approve the revised Tree Ordinance as requested by a petition by the
Augusta Richmond County Tree Commission. (Approved by Commission January
18, 2011 - second reading)
Attachments
28. Motion to approve an Underground Distribution Line Easement between Augusta,
Georgia, as owner, and Georgia Power Company, in connection with the Marshal's
Substation located at 3050 Deans Bridge Road. (Approved by Engineering Services
Committee January 24, 2011)
Attachments
PETITIONS AND COMMUNICATIONS
29. Motion to approve the minutes of the regular meeting of the Commission held
January 18, 2011 and Special Called Legal Meeting held January 24, 2011.
Attachments
****END CONSENT AGENDA****
AUGUSTA COMMISSION
2/1/2011
AUGUSTA COMMISSION
REGULAR AGENDA
2/1/2011
(Items 30-35)
APPOINTMENT(S)
30. Consider the reappoint of Geneice McCoy and the following for appointment to the
Georgia Department of Behavioral Health & Development Disabilities Region 2
Planning Board to three (3) vacant positions: LaTasha Walton, Frances Crawford,
Willie Lee Jones, Bobby Hankerson and Jeff Padgett .
Attachments
ATTORNEY
31. Motion to approve 2011 Budget Resolution. (No action vote January 18, 2011
Commission meeting requested by the Attorney)
Attachments
32. An Ordinance to amend the Augusta, Georgia Code, Article One, Chapter Attachments
Upcoming Meetings
www.augustaga.gov
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. (Deferred from the
January 18th Commission meeting until after the January 21st Work Session)
33. 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. (Deferred from the January
18th Commission meeting until after the January 21st Work Session)
Attachments
34. Motion to approve Ordinances of restatement of the 1945 Richmond Employees
Pension Fund and the City of Augusta 1949 General Retirement Fund and waive the
second readings.
Attachments
LEGAL MEETING
A. Pending and Potential Litigation.
B. Real Estate.
C. Personnel.
35. Motion to authorize execution by the Mayor of the affidavit of compliance with
Georgia's Open Meeting Act.
Commission Meeting Agenda
2/1/2011 5:00 PM
Invocation
Department:
Caption:Reverend Brian LaFavor, Pastor, Crawford Avenue Baptist 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
2/1/2011 5:00 PM
Buffalo Soldiers
Department:
Caption:Presentation from Mr. J. R. Smalls/Buffalo Soldiers to Augusta Recreation
and Parks.
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
2/1/2011 5:00 PM
William Bloodworth,Jr.
Department:
Caption:Dr. William Bloodworth, Jr., President, Augusta State University. RE: A
Report from Augusta State University.
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
2/1/2011 5:00 PM
Hasan, Ben
Department:
Caption:Mr. Ben Hasan. RE: Continued public discussion relative to the proposed
reorganization plan.
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
2/1/2011 5:00 PM
Agreement South Augusta Community Development Corporation
Department:Recreation and Parks
Caption:Motion to approve an Operational Agreement with South Augusta
Community Development Corporation (SACDC) for operation of
Barton Village Community Center. (Approved by Public Services
Committee January 24, 2011)
Background:Barton Chapel Community Center is owned by Augusta Housing Authority
and leased to Augusta GA. to operate. This facility was originally the
headquarters of the Weed and Seed program, funded thru a federal grant for
several uyears until the grant funds ran out. Augusta has operated the
Neighborhood Enhancement program out of the building for the past few
years, until funding was abolished in the 2011 budget. Recreation and Parks
has been given the building to manage starting in January 2011.
Analysis:Recreation and Parks has similar Operational Agreements in place,
including Sand Ridge CA at Jamestown CC, East Augusta NA at Eastview
CC, and MACH Academy at Fleming Tennis Center, to keep buildings open
and services constant, while saving the personnel costs that the operating
partner, such as SACDC will provide at Barton Chapel CC.
Financial Impact:None
Alternatives:Not to approve, which will result in the facility being closed.
Recommendation:To approve
Funds are Available in
the Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission Cover Memo
OPERATIONAL AGREEMENT
THIS AGREEMENT is made and entered into as of this _____day of_______, by
and between The South Augusta Community Development Corporation and
AUGUSTA, GEORGIA ("Augusta"). This agreement will remain in effect for an initial
term of one (1) year from the date above.
WHEREAS, The South Augusta Community Development Corporation will
accept the responsibility to staff, develop and implement sound programs for the best
interest of this community; and
WHEREAS, The South Augusta Community Development Corporation
deliberated that it would be beneficial to both the Augusta-Richmond County taxpayers and
local Augusta residents for The South Augusta Community Development Corporation,
and the Augusta Recreation and Parks Department to jointly operate The Barton Village
Community Center, located at 3653 Rome Way.
NOW, THEREFORE, for and in consideration of the mutual promises and the
covenants contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledge, the parties agree as follows:
A. Responsibilities of The South Augusta Community Development
Corporation shall operate and manage the facility and provide adequate
staffing of The Barton Village Community Center, which shall include the
following features:
1. Hours of Operation 9:00am until 6:00pm Monday thru Friday.
2. The South Augusta Community Development Corporation shall
provide staff for all rentals at the facility and follow the rental
guidelines provided by the Augusta Recreation and Parks
Department, and shall have all volunteer staff execute and keep on
Attachment number 1Page 1 of 5
file a Volunteer Release Form (See Staffing Requirements
Attachment The South Augusta Community Development
Corporation shall insure that the facility is accessible to the
community for rental and use public without discrimination as to age,
sex, race, color, religion, national origin, disability/handicap, or
political affiliation.
3. The South Augusta Community Development Corporation shall
formulate programs and activities for the The Barton Village
Community Center that meet the needs of the public without
discrimination as to age, sex, race, color, religion, national origin,
disability/handicap, or political affiliation.
4. The South Augusta Community Development Corporation shall
ensure that all staff members obtain and maintain certification in
both First Aid and CPR.
5. The South Augusta Community Development Corporation shall
maintain current services and programs, including but not limited to
the Augusta Tech GED program, after school program and a
monthly senior citizen program.
6. The South Augusta Community Development Corporation shall
provide a liaison with the Augusta Recreation and Parks Department
for the operation of the facility.
7. The South Augusta Community Development Corporation may
issue keys for The Barton Village Community Center to members
and officers of The South Augusta Community Development
Corporation and provide a list of persons issued keys to Augusta
Recreation and Parks Department.
Attachment number 1Page 2 of 5
8. The South Augusta Community Development Corporation shall
maintain an inventory of all supplies furnished by the Augusta
Recreation and Parks Department of The Barton Village
Community Center and shall perform general maintenance of the
interior/exterior of The Barton Village Community Center, which
includes mopping, sweeping, and picking up their litter from
grounds. (See Staffing Requirements Attachment).
9. The South Augusta Community Development Corporation
shall maintain a current safety inspection of all existing equipment.
In the event that any equipment is deemed unsafe, that equipment
must be properly labeled unsafe and Recreation personnel must be
contacted immediately.
10. The South Augusta Community Development Corporation must
follow all safety guidelines set forth by the Augusta Recreation and
Parks Department which include notifying the Augusta Recreation
and Parks Department immediately in the following cases: break-ins
property damage, or emergencies.
11. The South Augusta Community Development Corporation shall
be covered under the Volunteer Protection Act of 1997, 42 U.S.C.
14501, et seq.
12. All revenues received by The South Augusta Community
Development Corporation for services rendered at The Barton
Village Community Center shall be expended for materials,
supplies or other services that directly affect the operations of The
Barton Village Community Center.
Attachment number 1Page 3 of 5
13. Must provide a liability insurance policy in the amount of one million
dollars per occurrence, naming the City of Augusta and Augusta
Housing Authority as additional insured parties.
B. Responsibilities of Augusta Recreation and Parks Department
The Augusta Recreation and Parks Department shall be responsible
for assisting The South Augusta Community Development
Corporation in the operation of The Barton Village Community
Center as follows:
1. Supply all utilities, including telephone and internet service.
2. Perform all major repairs and normal maintenance for the upkeep of
the facility (painting, pesticide treatment, cutting of grass,
replacement of lighting fixtures ) as allowed in the budget.
3. Provide for trash collection from existing canister on grounds.
4. Provide for stripping/waxing of floors within the facility.
5. Supply both programming and janitorial and cleaning supplies and
equipment as budgeted and approved by Augusta-Richmond County
Commission.
6. Provide administrative assistance and a liaison for The South
Augusta Community Development Corporation.
7. Supply all capital purchases, as needed depending on funding.
8. Provide assistance with approved special events that are programmed
by The South Augusta Community Development Corporation.
9. Maintain current alarm/emergency system.
10. Provide all necessary guidelines/manuals concerning building rentals
and safety questions.
Attachment number 1Page 4 of 5
11. Assume responsibility for break-ins and emergency situations that
may arise.
12. Assume responsibility for liability as provided in the Volunteer
Protection Act to The South Augusta Community Development
Corporation.
The Augusta Recreation and Parks Department shall also provide the following
departmental contracts for The South Augusta Community Development Corporation:
1. Nora Lamb – Facility Supervisor - Emergency Contact:
(work) 796-5025
Joanie Smith - Facilities Manager: (work) 796-5025
This Agreement contains the entire agreement of the parties, and no representatives,
inducements, promises or agreements, oral or otherwise, between the parties not embodied
herein shall be of any force or effect.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
The South Augusta Community Development Corporation
BY_____________________________________________
Its President
AUGUSTA, GEORGIA
By______________________________________
Mayor
Attest:___________________________________
Clerk of Commission
Attachment number 1Page 5 of 5
Commission Meeting Agenda
2/1/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 11 - 01: 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. subject to the License & Inspections Director meeting
with the Sheriff's Office to review the claims of panhandlers and
vagrants frequenting the area. (Approved by Public Services
Committee January 24, 2011)
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:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
2/1/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Application: A. N. 11 - 05: request by Melissa
Ruiz for an on premise consumption Beer & Wine license to be used in
connection with Burrito Rico & Wings, Inc. located at 3706 B Mike Padgett
Hwy. There will be Sunday Sales. District 8. Super District 10. (Approved
by Public Services Committee January 24, 2011)
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 $2420.00.
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
2/1/2011 5:00 PM
Alcohol Application
Department:License & Inspections
Caption:Motion to approve New Ownership Application: A. N. 11 - 06: request by
Chartara L. Newman for an on premise consumption Liquor, Beer & Wine
license to be used in connection with Club 51/ 50 located at 2864 Deans
Bridge Rd. There will be Dance. District 2. Super District 9. (Approved by
Public Services Committee January 24, 2011)
Background:This is a new ownership application. Formerly in the name of Shandra
Sampson.
Analysis:The applicant meets the requirements of the August 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
2/1/2011 5:00 PM
Amend Arcade Ordinance
Department:License & Inspection
Caption:Motion to approve an ordinance to amend Augusta-Richmond County Code § 6-6-
45 License to Operate Arcades so as to define ‘Arcade’ to allow for the continued
operation of amusement businesses. (Approved by Pubic Services Committee
January 24, 2011)
Background:The Georgia State General Assembly passed Senate Bill 454 that amended the Sate
Code that provides regulations for coin operated amusement machines. In doing so,
the legislation provides that ‘except as authorized by a local ordinance, no business
owner or business operator shall offer more than nine Class B bona fide coin
operated amusement machines to the public for play in the same business location;
provided, however, that this limitation shall not apply to an amusement or
recreational establishment’. The Bill further defines ‘amusement or recreational
establishment as an open-air establishment frequented by the public for amusement
or recreation. Such an establishment shall be in a licensed fixed location located in
this state and which has been in operation for at least 35 years’.
Analysis:Based on the definition of ‘amusement or recreational establishment’ the Bill
excludes ‘Chuck E. Cheese’ type businesses. The proposed amendment to Augusta’s
Arcade ordinance will allow for the continued operation of amusement type
businesses upon approval by the Augusta Commission.
Financial Impact:N/A
Alternatives:Do not approve
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 AUGUSTA-RICHMOND COUNTY CODE SECTION 6-6-45;
TO PROVIDE A REVISION TO THE DEFINITION OF ARCADE; AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION, AND IT IS
HEREBY ORDAINED BY AUTHORITY OF SAME AS FOLLOW:
Section 1. Augusta-Richmond County Code § 6-6-45 (a) (3) is hereby amended by striking said
section in its entirety, and substituting in lieu thereof the following, to-wit:
(3) Arcade. "Arcade" means any location where three or more bona fide coin-operated
amusement machines are operated which permit non-cash redemption as provided in O.C.G.A.
§ 16-12-35, or a location where ten or more bona fide coin-operated amusement machines are
located, whether or not non-cash redemption for any machine is allowed. Pursuant to Chapter 17
of Title 48 of the Official Code of Georgia Annotated, specifically Section 48-17-15 (b) (2), a
business owner or business operator, as defined by Section 48-17-1 (2.1), may provide more than
nine (9) Class B bona fide coin operated amusement machines, as defined in Sections 48-17-1
(2) and (2.3), in a Business location, as defined in Section 48-17-15 (2); provided, however, that
these Class B bona fide coin operated amusement machines meet the following criteria: (i) it
rewards the player or players with tickets, tokens, or other non-cash representations of value
redeemable for merchandise prizes; (ii) the outcome of the game involves some skill in its
operation; (iii) the award of tickets, tokens or other non-cash representations of value is based
solely on the players achieving the object of the game or player’s score; (iv) only merchandise
prizes are awarded; (v) the average wholesale value of the prizes awarded in lieu of tickets or
tokens for a single play of the machine does not exceed Five Dollars ($5.00); and (vi) the
redemption value of each ticket, token or other non-cash representation of value that may be
accumulated by a player or players to redeem prizes of greater value does not exceed the cost of
a single play of the machine.
Section 2. This ordinance shall become effective on the first day of the month following its
adoption.
Section 3. All ordinance or parts of ordinances in conflict herewith are hereby repealed.
Duly adopted by the Augusta-Richmond County Commission this ___________
day of February, 2011.
AUGUSTA-RICHMOND COUNTY
COMMISSION
BY:________________________________
As its Mayor
Attachment number 1Page 1 of 3
ATTEST:
_______________________________
Clerk
First Reading: ____________________________
Second Reading: ____________________________
Attachment number 1Page 2 of 3
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance Amendment was duly adopted by the Augusta-Richmond County
Commission on_________________, 2010 and that such Ordinance Amendment has not been
modified or rescinded as of the date hereof and the undersigned further certifies that attached
hereto is a true copy of the Ordinance which was approved and adopted in the foregoing
meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1Page 3 of 3
Commission Meeting Agenda
2/1/2011 5:00 PM
Augusta Public Transit Advertising
Department:Augusta Public Transit
Caption:Motion to approve rejecting the Bus and Shelter Advertisers bids for
Augusta Public Transit and rebid the contract both separately and
collectively for advertising on the buses themselves; and also on the bus
shelters; and that the current services be maintained at the current rates until
the matter is settled. (Approved by Public Services Committee January
24, 2011)
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
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Commission Meeting Agenda
2/1/2011 5:00 PM
Augusta Regional Airport Parking Lot Project Bid and Contract Award
Department:Clerk of Commission
Caption:Motion to award a contract to Reeves Construction in the amount of
$4,310,823.10 for the construction of a vehicle parking lot associated with
the Passenger Terminal Facility at the Augusta Regional Airport subject to
the Attorney's approval. (Approved by the Public Services Committee
January 24, 2011)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
2/1/2011 5:00 PM
Dance Application
Department:License & Inspections
Caption:Motion to approve a request by Joe L. Jones for a Dance License to be used
in connection with J's Lounge located at 3663 Deans Bridge Rd. There will
be Dance. District 5. Super District 9. (Approved by Public Services
Committee January 24, 2011)
Background:This location has a current alcohol license.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Dance Ordinance.
Financial Impact:The applicant will pay a fee of $110.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 2
Attachment number 1Page 2 of 2
Commission Meeting Agenda
2/1/2011 5:00 PM
Dance Application
Department:License & Inspections
Caption:Motion to approve a request by Chong S. Christenson for a Dance License
to be used in connection with Chongs Lounge located at 3243 Deans Bridge
Rd. There will be Dance. District 5. Super District 9. (Approved by Public
Services Committee January 24, 2011)
Background:This location has a current Alcohol License.
Analysis:The applicant meets the requirements of the Augusta Richmond County
Dance Ordinance.
Financial Impact:The applicant will pay a fee of $110.00.
Alternatives:
Recommendation:License & Inspections recommends approval. The RCSD recommends
approval.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 3
Attachment number 1Page 2 of 3
Attachment number 1Page 3 of 3
Commission Meeting Agenda
2/1/2011 5:00 PM
Improvements to The Boathouse Community Facility
Department:Tom F. Beck, Director, Recreation and Parks Department
Caption:Motion to approve Bid Item #10-197, improvements to The Boathouse
Community Facility to RCN Contracting, Inc. in the amount of $251,039.00.
(Approved by Public Services Committee January 24, 2011)
Background:Funding was approved by the Augusta Commission in 2010 to begin work on a
number of critical projects within the Department of Recreation and Parks. One
of those safety sensitive projects was improvements to the exterior of The
Boathouse.
Analysis:A total of ten (10) contractors attended a mandatory pre-bid conference with
four (4) bids being submitted at bid opening. Upon review by the consultants,
Virgo Gambill Architects, it is the recommendation of staff to award bid item
10-197 to RCN Contracting, Inc. for $251,039.00 which includes the low base
bid and alternates 1 and 2.(See attached)
Financial Impact:SPLOST VI has funding in 2011 of $300,000 to cover the costs assoctiated with
the recommended improvements to The Boathouse.
Alternatives:1. To approve a construction contract to RCN Contracting, Inc. for $251,039.00
for exterior improvements to The Boathouse. 2. Move no action thus delaying
the safety sensitive improvements required for The Boathouse Community
Facility.
Recommendation:1. To approve
Funds are Available in
the Following Accounts:328061110 - 210066101
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 3
Attachment number 1Page 2 of 3
Attachment number 1Page 3 of 3
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m., Monday, December 20, 2010 for furnishing:
Bid Item #10-197 Improvements to the Boathouse Community Facility for Recreation
and Parks Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene
Street – Room 605, Augusta, GA 30901. Plans and specifications for the project shall be obtained by all
prime, subcontractors and suppliers exclusively from Digital Blue Print. The fees for the plans and
specifications which are non-refundable is $100.00.
Documents may also be examined during regular business hours at the F. W. Dodge Plan Room, 1281 Broad
Street, Augusta, GA 30901. It is the wish of the Owner that all businesses are given the opportunity to submit
on this project. To facilitate this policy the Owner is providing the opportunity to view plans online
(www.digblueprint.com) at no charge through Digital Blueprint (706 821-0405) beginning Thursday, October
21, 2010. Bidders are cautioned that submitting a package without Procurement of a complete set are likely to
overlook issues of construction phasing, delivery of goods or services, or coordination with other work that is
material to the successful completion of the project. Bidders are cautioned that sequestration of documents
through any other source is not advisable. Acquisition of documents from unauthorized sources places the
bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
A Mandatory Pre-Bid Conference will be held on Friday, December 3, 2010 @ 10:00 a.m. in the
Procurement Department – Room 605. All questions must be submitted in writing to the office of the
Procurement Department by fax at 706-821-2811 or by mail. No 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,
December 7, 2010 by 5:00 p.m.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted in a separate envelope so marked along with the bidders’
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in
accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the
procurement. All specific requirements contained in the invitation to bid including, but not limited to, the
number of copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of the bid which
are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the
envelope.
Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a
DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order
enjoining the Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small
Business Opportunity Program. However, for various projects utilizing the expenditure of State or
Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State
Agencies in accordance with State and Federal laws.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle November 11, 18, 25, December 2, 2010
Metro Courier November 17, 2010
cc: Tameka Allen Interim Deputy Administrator
Tom Beck Recreation & Parks Department
Ron Houck Recreation & Parks Department
Attachment number 2Page 1 of 1
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Attachment number 3Page 2 of 2
Attachment number 4Page 1 of 2
Attachment number 4Page 2 of 2
Attachment number 5Page 1 of 1
CONTRACT MANAGEMENT
ATTN: GREGORY WILLIAMS
1827 KILLINGSWORTH ROAD
AUGUSTA, GA 30904
R. B. WRIGHT CONSTRUCTION
1227 GORDON PARK ROAD
AUGUSTA, GA 30901
TWO STATE CONSTRUCTION
ATTN: JIM FADEN
P. O. BOX 239
THOMSON, GA 30824
HEAVENER CONSTRUCTION
P. O. BOX 14129
AUGUSTA, GA 30919
S. D. CLIFTON CONSTRUCTION
4324 WHEELER ROAD
MARTINEZ, GA 30907
HORIZON CONSTRUCTION & ASSOC.
ATTN: HENRY HENDERSON
P. O. BOX 798
EVANS, GA 30809
PINNACLE USA
ATTN: DERYL BELSER
125 OLD MONROE ROAD
BOGART, GA 30622
BILL JAMES & SONS, INC
P. O. BOX 178
AUGUSTA, GA 30903
STEWART-CORBITT
146 RAILROAD STREET
THOMSON, GA 30824
MCELMURRAY CONSTRUCTION
181 OLD JACKSON HIGHWAY
BEECH ISLAND, SC 29842
R. W. ALLEN, LLC
1015 BROAD STREET
AUGUSTA, GA 30901
TURNER MECHANICAL
1347 ATOMIC ROAD
BEECH ISLAND, SC 29842
CSI CONSTRUCTION
P. O. BOX 2990
AUGUSTA, GA 30904
CONTINENTAL CONSTRUCTION
4190 CROSSTOWNE COURT
EVANS, GA 30809
SITEC
217 FAIRFIELD ST N.E.
AIKEN, SC 29803
J & B CONSTRUCTION
2550 GORDON HWY.
GROVETOWN, GA 30813
LARRY MCCORD BUILDERS
2016 HIGHLAND AVENUE
AUGUSTA, GA 30904
CONSTRUCTION PERFECTED
587 CHERRY AVENUE
NORTH AUGUSTA, SC 29841
SOMMERS CONSTRUCTION
P. O. BOX 950
EVANS, GA 30809
AMMAR CONSTRUCTION
P O BOX 1877
EVANS, GA 30809
NEW SOUTH CONSTRUCTION
1132 WEST PEACHTREE ST
ATLANTA, GA 30320
DABBS-WILLIAMS
319 S WALNUT STREET
STATESBORO, GA 30458
WINSAY INC
PO BOX 55
HARLEM, GA 30814
APPLEGRAPH CONSTRUCTION
2612 CENTRAL AVENUE
AUGUSTA, GA 30904
CONTINENTAL CONSTRUCTION
4190 CROSSTOWN COURT
EVANS, GA 30809
JBC CONSTRUCTION
118 N BELAIR ROAD SUITE 1
EVANS, GA 30809
HARMON CONSTRUCTION
4308 INTERSTATE DR.
MACON, GA 31210
L-J INC
220 STONERIDGE DRIVE SUITE 405
COLUMBIA, SC 29210
HARRIS CONSTRUCTION
1736 BARTON CHAPEL ROAD
AUGUSTA GA 30906
Bid Item 10-197
Page 1 of 2
Attachment number 6Page 1 of 2
CONTRACTORS SOUTH INC
PO BOX 5270
AIKEN SC 29804
BENCHMARK BUILDERS
VALHALIA COURT
MARTINEZ GA 30909
PAVEWAY OF AUGUSTA
1353 GORDON HIGHWAY
PO BOX 660
AUGUSTA GA 30903
SIERRA DESIGN
2011 MILLS B LANE SUITE B
SAVANNAH, GA 31405
RCN CONTRACTING
1115 FRANKE PLACE CT
AUGUSTA, GA 30909
KIRBY FAHRION
P. O. BOX 212239
AUGUSTA, GA 30917
GSC CONSTRUCTION
1727 WRIGHTSBORO ROAD
AUGUSTA, GA 30904
CLARK CONSTRUCTION SERVICES
370 CHAMBLIN ROAD
GROVETOWN, GA 30813
KUHLKE CONSTRUCTION
3704 BENCHMARK DRIVE
AUGUSTA, GA 30919
MCKNIGHT CONSTRUCTION
P. O. BOX 204718
AUGUSTA, GA 30917
POPE CONSTRUCTION CO.
P. O. BOX 724
STATESBORO, GA 30458
R. D. BROWN CONTRACTORS
P. O. BOX 6535
NORTH AUGUSTA, SC 29841
HENSLER & BEAVENS
3836 B STEWART ROAD
DORAVILLE, GA 30340
HORIZON CONSTRUCTION
1102 AUTUMN BLAZE LANE
EVANS, GA 30809
ARCHADECK – SOUTHERN INDUSTRIES
259 BOBBY JONES EXPRESSWAY
MARTINEZ, GA 30907
TOM BECK
RECREATION & PARKS
LUMPKIN ROAD
RON HOUCK
RECREATION & PARKS
LUMPKIN ROAD
YVONNE GENTRY
HATCHER BUILDING
ATTN: JOE GAMBILL
VIRGO GAMBILL ARCHITECTS
2531 CENTER WEST PARKWAY, STE 200
AUGUSTA, GA 30909
BID ITEM 10-197 IMPROVEMENTS TO
THE BOATHOUSE FACILITY MAILED
11/11/10
BID ITEM 10-197
IMPROVEMENTS TO THE BOATHOUSE
FACILITY
FOR RECREATION & PARKS
DEPARTMENT
BID DUE: MON 12/20/10 @ 3:00 P. M.
Bid Item 10-197
Page 1 of 2
Attachment number 6Page 2 of 2
Commission Meeting Agenda
2/1/2011 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. (Approved by the Commission January 18,
2011- second reading)
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:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 3
Attachment number 1Page 2 of 3
Attachment number 1Page 3 of 3
Commission Meeting Agenda
2/1/2011 5:00 PM
Renewal of lease Barton Village Community Center
Department:Recreation and Parks
Caption:Motion to approve the renewal of a lease with Augusta Housing Authority
for Barton Village Community Center. (Approved by Public Services
Committee January 24, 2011)
Background:Augusta has operated Barton Village Community Center thru a lease of the
building owned by Augusta Housing Authority on Rome Way since 2002.
Analysis:This lease renewal will allow Augusta to continue services in the Barton
Village area thru an Operational Agreement with a third party.
Financial Impact:Augusta Housing Authority pays for all utilities in the building. Augusta's
costs for the building for supplies, telephone, security system, etc. will be
@$5000 per year, and will be paid out of the existing 2011 Recreation
budget.
Alternatives:Not to approve, which will result in the building being closed.
Recommendation:To approve
Funds are Available in
the Following
Accounts:
101061122 5311110
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
STATE OF GEORGIA }
} LEASE AGREEMENT
COUNTY OF RICHMOND }
THIS LEASE AGREEMENT is made and entered into this day of 2011, between
the Housing Authority of the City of Augusta, ("Lessor"), and Augusta Richmond County,
(“Lessee”).
1. PREMISES LEASED AND TERM. Lessor does hereby rent and lease to the Lessee that
property located at 3653 Rome Way, Barton Village, Augusta, Richmond County,
Georgia (the "Premises"). The Lessee shall have and hold the Premises for a term of one
year from the date of this Agreement (the “Term”), unless sooner terminated as
hereinafter provided.
2. RENTAL. Lessee shall pay Lessor the sum of $10.00 representing the advance payment
of rent due under this agreement.
3. USE OF PREMISES. The Premises shall be used as Administrative Offices and a
Community Center and for no other purpose. The Premises shall not be used for any
illegal purposes, nor in violation of any valid regulation of any governmental body, nor
in any manner to create any nuisance or trespass, nor in any manner to vitiate the
insurance or increase the rate of insurance on the Premises. Lessee agrees to abide by
any and all Rules and Regulations set forth by Lessor as the Lessor may reasonably set
forth during the Term of this Lease.
4. LIABILITY FOR DAMAGES. Except with respect to the negligence or the willful and
wanton acts of Lessor, Lessee hereby releases Lessor from any and all liability for
damages suffered upon the Premises and Lessee shall be solely liable for all damages of
any kind sustained by Lessee, its agents, servants, employees, invitees and licensees
arising on, from or relating to the Premises or as a result of the Lessee’s use thereof. All
property kept, stored or maintained within the Premises by Lessee shall be at Lessee’s
sole risk.
5. REPAIRS AND MAINTENANCE. Lessee accepts the Premises in its present condition
with the Premises being leased “as is” and “where is.” Lessor shall perform all repairs
to and maintenance of the Premises, as it deems necessary. Lessee covenants and
agrees that it will not make any alterations, improvements or additions to the Premises
during the term of this Lease or any extension thereof without first obtaining the
written consent of the Lessor. Lessee shall be responsible for all damage caused to the
Premises beyond normal wear and tear.
Attachment number 1Page 1 of 4
6. ASSIGNMENT OR SUBLETTING. Lessee may not assign this lease or any interest
thereunder or sub-let the Premises or any part thereof, or permit the use of the Premises
by any other entity without prior written approval of the Lessor.
7. DESTRUCTION OF OR DAMAGE TO PREMISES. If the Premises are totally destroyed
(or so substantially damaged as to be unusable) by storm, fire, earthquake, or other
casualty, this lease shall terminate as of the date of such destruction or damage. Lessor
shall have no obligation to rebuild or replace the Premises.
8. REMOVAL OF FIXTURES. Lessee may, prior to the expiration of this lease or any
renewal thereof, remove all portable fixtures and equipment which Lessee has placed in
the Premises, provided Lessee restores the Premises to its original condition.
9. UTILITY BILLS. Lessor shall pay all bills for gas, electricity, fuel, water, light, heat, or
power for the Premises.
10. INSURANCE. Lessee shall insure the contents of the Premises at its own expense.
Lessee shall also procure liability coverage it deems necessary at its own expense.
Lessee shall require any Sublessee of the Premises, during the term of this Lease and
any extension thereof, at Sublessee's expense, to maintain in full force and effect
comprehensive general liability insurance with limits of Five Hundred Thousand and
No/100 U.S. Dollars ($500,000.00) per person and One Million and No/100 U.S. Dollars
($1,000,000.00) per incident, and property damage limits of One Million and No/100
U.S. Dollars ($1,000,000.00), which insurance shall contain a special endorsement
recognizing and insuring any liability accruing to Sublessee, and naming Lessor as an
additional insured. Lessee shall provide evidence of such insurance to Lessor prior to
the Sublessee’s occupancy of the Premises.
11. INDEMNIFICATION. Except with respect to the negligence or the willful and wanton
acts of Lessor, its agents and employees, Lessee agrees to and hereby does indemnify
and save Lessor harmless against all claims for damages to persons or property by
reason of Lessee's use or occupancy of the Premises, and all expenses incurred by
Lessor because thereof, including attorney's fees and court costs.
12. RENEWAL. The term of this agreement shall be automatically renewed for one (1) year
upon the expiration of the initial term or any renewal term, unless sooner terminated as
hereinafter provided.
13. TERMINATION. The agreement may be terminated at any time by either party for its
convenience with or without cause upon 60-days written notice.
14. ENTIRE AGREEMENT. This Lease 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 of effect. No failure of Lessor to
Attachment number 1Page 2 of 4
exercise any power given Lessor hereunder, or to insist upon strict compliance by
Lessee of any obligation hereunder, and no custom or practice of the parties at variance
with the terms hereof shall constitute a waiver of Lessor's right to demand exact
compliance with the terms hereof.
15. EXTERIOR SIGNS. Lessee may not place or paint any signs upon the Premises or the
walls or roof of the Premises without the prior written consent of Lessor.
16. NO ESTATE IN LAND. This contract shall create the relationship of Lessor and Lessee
between Lessor and Lessee and no estate shall pass out of Lessor. Lessee has only a
usufruct, not subject to levy and sale, and not assignable by Lessee except by Lessor's
consent under the terms set forth herein.
17. RIGHTS CUMULATIVE. All rights, powers and privileges conferred hereunder upon
parties hereto shall be cumulative but not restrictive to those given by law.
18. SURRENDER OF PREMISES. At the termination of this lease, Lessee shall surrender
Premises and keys thereof to Lessor in the same condition as at commencement of the
term, natural wear and tear excepted.
19. NOTICES. All notices required under this lease shall be deemed given three days after
the same shall be mailed certified, return receipt required to the other party at the
following address:
To Lessee: Deke Copenhaver, Mayor
Augusta Richmond County
Room 806, Municipal Building
530 Greene Street, Augusta, GA 30911
To Lessor: Jacob L. Oglesby, Executive Director
Augusta Housing Authority, 1435 Walton Way
Augusta, Georgia 30901
20. DUPLICATE ORIGINALS. This lease may be executed in duplicate, each of which will
be deemed a duplicate original.
21. HEADINGS. The headings used in this lease agreement are for convenience or
reference only and in no way shall be used to construe or modify the provisions set
forth herein.
Attachment number 1Page 3 of 4
IN WITNESS WHEREOF the parties have executed these presents the day and year first above
written.
Sworn to and subscribed before me this day of , 2011.
(L.S.)
Unofficial Witness Deke Copenhaver
Augusta Richmond County (Lessee)
As its Mayor
Notary Public of the State of , County of .
My Commission Expires:
(Notary Seal)
Sworn to and subscribed before me this day of , 2002.
(L.S.)
Unofficial Witness Jacob L. Oglesby (Lessor)
Housing Authority of the City of Augusta
As its Executive Director
Notary Public of the State of , County of .
My Commission Expires:
(Notary Seal)
Attachment number 1Page 4 of 4
Commission Meeting Agenda
2/1/2011 5:00 PM
Surveying, Planning and Engineering Design Services for Diamond Lakes Regional Park
Department:Tom F. Beck, Director, Recreation and Parks Department
Caption:Motion to approve surveying, planning and engineering design services at
Diamond Lakes Regional Park to Cranston Engineering Group in the amount of
$55,940. (Approved by Public Services Committee January 24, 2011)
Background:SPLOST Phase VI for Recreation and Parks included $1,350,000 for continued
improvements to this very popular regional park in accordance the approved
master plan for development.
Analysis:The Recreation and Parks Department is recommending Cranston Engineering
Group to provide consulting services as engineers of record for this facility that
would update the current Diamond Lakes Master Plan, provide preliminary
design services to dredge the upper pond in the park and to design a three (3)
court outdoor basketball facility to include 50 parking spaces.(See attched fee
proposal)
Financial Impact:Monies have been allocated through SPLOST Phase VI for these recommended
improvements.
Alternatives:1. To approve a consulting services agreement with Cranston Engineering
Group for services required to move forward with park improvements in the
amount of $55,940. 2. Move no action thus delaying design services to proceed
with improvements to Diamond Lakes Regional Park.
Recommendation:1. To approve a consulting services agrrement for $55,940 to Cranston
Engineering Group.
Funds are Available in
the Following Accounts:272061474 - 5212112 (2010 carryover)
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 6
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Commission Meeting Agenda
2/1/2011 5:00 PM
Approve Personnel Policy and Procedures Manual
Department:Law
Caption:Motion to approve personnel policy and procedures manual with work
sessions to be scheduled if necessary to respond to any questions that
commissioners may have. (Approved by Administrative Services
Committee January 24, 2011)
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:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
2/1/2011 5:00 PM
NSP3 Program – Application Submission Approval
Department:Housing & Community Development
Caption:Motion to approve submission of an NSP3 Substantial Amendment
Abbreviated Plan by the Housing and Community Development Department
for proposed activities outlined herein. (Approved by Administrative
Services Committee January 24, 2011)
Background:The Neighborhood Stabilization Program (NSP) staff (a part of the Housing
and Community Development Department-AHCDD) will work with local
developers to comply with the U. S. Department of Housing and Urban
Development's (HUD's) regulations under Section 2301(b) of the Housing
and Economic Recovery Act of 2008 (Pub. L.110-289, approved July 30,
2008) (HERA), as amended, and an additional allocation of funds provided
under Section 1497 of the Wall Street Reform and Consumer Protection Act
of 2010 (Pub. L. 111 203, approved July 21, 2010) (Dodd-Frank Act) for
additional assistance in accordance with the second undesignated paragraph
under the heading 'Community Planning and Development - Community
Development Fund' in Title XII of Division A of the American Recovery
and Reinvestment Act of 2009 (Pub. L. 111-5, approved February 17, 2009)
(Recovery Act), as amended, for the purpose of assisting in the
redevelopment of abandoned and foreclosed homes. The City of Augusta's
federal allocation (no local match required) under said amendment
($1,164,297.00), as designated by HUD through formula allocation, is
available for application through the submission of a NSP3 Substantial
Amendment/Abbreviated Plan due March 1, 2011. The NSP staff is
requesting approval for submission of said plan on behalf of the City of
Augusta for Eligible Activities as outlined below. Please find below a brief
history of NSP’s Eligible Activities (as approved by HUD) and respective
eligible Census Tracts for said Activities as outlined by HUD’s Mapping
Tool. 1. Administration ($116,429.70) a. AHCDD will utilize the
administrative allocation to provide the following:
i. Salaries
ii. Travel
iii. Equipment
iv. Supplies
v. Other Miscellaneous 2.
Redevelopment ($756,793.05) a. AHCDD will work with
nonprofits/public agencies/for-profits for the purpose of developing new
construction and/or rehabilitating existing housing for homeownership
and/or rental housing. Eligible Activity costs include:
i. pre-development costs,
ii. construction or rehabilitation
costs, iii. project related soft costs,
and iv. home buyer subsidies for
down payment and mortgage loan closing costs. b. Eligible Census
Cover Memo
Tracts for Redevelopment Activities (as approved by HUD) are limited to
the following based on criteria specified that any Census Tract/Development
Area utilizing NSP3 funding have a State Minimum Threshold NSP3 Score
of 17. Those eligible Census Tracts are illustrated on the attached and
include: i. 103.00
ii. 104.00
iii. 105.04
iv. 105.05
v. 105.07
vi. 105.08
vii. 105.11
viii. 107.03
ix. 107.04
x. 108.00
xi. 014.00
xii. 009.00 3. Low Income
Housing ($291,074.25) The City of Augusta, as designated by HUD, is
required to provide housing for those households at or below 50% AMI
(designated as low income persons) with no less than twenty-five percent
25% of NSP3 funds. This designation, titled as Set-Aside obligation, is a
mandate of funding allocation under section 2301(f)(3)(A)(ii) to provide
benefit to low-income persons (earning 50 percent or less of area median
income). Those activities deemed eligible under this 25% Set Aside mandate
are inclusive of activities performed under redevelopment or rehabilitation
and defined herein within eligible Census Tracts referenced above
Analysis:The Augusta Housing and Community Development Department via its
Neighborhood Stabilization Program will attempt to diversify its federal
allocation and enter into projects yielding immediate homeownership
opportunities for single family housing by making available to income
eligible citizens of Augusta Richmond County (deemed ‘‘low- and
moderate-income persons’’ as it appears throughout the CDBG regulations
at 24 CFR part 570 and defined as a member of a low-, moderate-, and
middle-income household, and having an income equal to or less than 120
percent of area median income, adjusted for family size) creative financing
mechanisms to include subsidy, down payment and closing costs assistance.
The Housing and Community Development Department additionally plans
to develop in those areas yielding the greatest opportunity for the City of
Augusta to meet all HUD criteria including increased impact and increased
density, which include Census Tracts 105.07 for the 25% Set Aside and
107.04 for redevelopment.
Financial Impact:Upon completion of all NSP3 projects there will have been an approximate
developmental impact of $1.5 million within Augusta-Richmond County
with additional taxable housing, building permit and water/sewer tap fees
collected. Moreover, the submission and execution of said projects will meet
the HUD expectation of each NSP3 grantee to carry out its NSP activities in
the context of a comprehensive plan for the community’s vision of how it
can make its neighborhoods not only more stable, but also more sustainable,
competitive, and integrated into the overall metropolitan fabric, including
access to transit, affordable housing, employers, and services.
Alternatives:None Recommended.
Cover Memo
Recommendation:Approve submission of an NSP3 Substantial Amendment Abbreviated Plan
by the Housing and Community Development Department for proposed
activities outlined herein.
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Columbia
County
Mcduffie
County
Jefferson
County
Burke
County
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14
9
105.07
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Eligible Census Tracts for NSP3Eligible Census Tracts for NSP3
Qualification Score of at Least 17Qualification Score of at Least 17
CensusTracts
TRACTID
103
104
105.04
105.05
105.07
105.08
105.11
107.03
107.04
108
14
9
Major Roads
Roads
:
1 0 10.5 Miles
Attachment number 1Page 1 of 1
Commission Meeting Agenda
2/1/2011 5:00 PM
2011 Pictometry Oblique Orthophotography
Department:Information Technology
Caption:Motion to approve revised maintenance agreement with Pictometry
International to provide new 2011 oblique imagery and related software and
product support to Augusta. (Approved by Public Safety Committee
January 24, 2011)
Background:Augusta currently uses oblique imagery with our Geographic Information
System (GIS) maps. An oblique image is a digital aerial photo that is
registered to the earth’s surface, taken at an angle in order to permit the
viewing of a building (or property) from 5 viewpoints: directly above, north,
south, east, and west. Oblique Imagery is useful in that it provides a 360-
degree view of a building from 45 degree elevation. It can be used by the
fire department to explore the best way to attack a fire, the Sheriff’s Office
to determine how to surround a site in a hostage situation or plan a raid, and
by Planning and Zoning and the Tax Assessor’s Office to review changes in
a property or area over time. The imagery from our 2008 flyover has been
used by these department and other for a variety of purposes. Additionally, a
flight was conducted in 2010.
Analysis:Pictometry was originally selected as the vendor of choice to provide
oblique orthophotography in 2008. Pictometry subsequently provided
images for 2010. For the new maintenance agreement, Pictometry proposes
to “fly” the city to gather photography in 2011, with all photography being
delivered in 2011 and then supported for the next two years. In essence, this
is simply an extension of an existing agreement with the same company to
provide new products and services, updated for 2011. The combination of
the 2010 and 2011 imagery will provide the Tax Assessor's Office with a
valuable tool for determining where appraiser resources can be deployed
most effectively to gather property information.
Financial Impact:The project cost for the 2011 flight is $147,150, which is spread over the
three-year contract period. The 2010 flight that is referenced in this
addendum was approved by commision in March 2010 and will be paid
from IT SPLOST funds as originally approved.
Alternatives:N/A
Recommendation:Approve revised maintenance agreement with Pictometry International to
provide new 2011 oblique imagery and related software and product support
to Augusta.
Cover Memo
Funds are Available in
the Following
Accounts:
Fund Balance SPLOST V
REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Page 1 of 5 05012009
ADDENDUM
TO
PICTOMETRY LICENSE AGREEMENT
ADDENDUM TO LICENSE AGREEMENT BETWEEN Pictometry International Corp (Pictometry) and Augusta-Richmond County, GA (Licensee),
dated the 26th day of March, 2010.
Augusta-Richmond County, GA wishes to add an additional flight and deliverables to their existing 3 year Renewal dated March 26, 2010.
Full payment of the First Year Total on the above mentioned renewal has been paid in full ($ 84,614.67). Therefore, the balance of the
Existing License Fee $ 155,433.34, is to be paid through the Revised Schedule A below. The below Revised Schedule A shall reflect
remaining balance due in payment breakdown.
REVISED SCHEDULE “A”
3-Year
1. The following products shall be delivered to Augusta-Richmond County(“Licensee”) by Pictometry International Corp.:
A. Licensed Images procured with a 16 megapixel camera (as listed below and also portrayed on the attached Schedule D – Sectorized
Map):
1) PREMIER Two Way Community Package (C3) covering 317 sectors of the Licensee as indicated on the attached map. Premier
Community Images are nominal 12” GSD.
Each sector will have approximately:
a. 8 Ortho-rectified images and your choice for the following (please check if mosaic is desired)
___one 1-meter standard mosaic sector tile for each ortho sector
XX one 1-meter standard area-wide mosaic(s) (area-wide mosaic in ECW format – MRSID available for an additional charge –
see section B below)
b. 4 Oblique images and 4 additional Oblique images taken from the opposite direction.
PREMIER Community Images (C3) to be taken when there is less than 30% leaf cover.
PREMIER COMMUNITY Image Price $ 45.00 per sector @ 317 Sectors = $ 14,265.00 over 3-years
$ 4,755.00 per year one
$ 4,755.00 per year two
$ 4,755.00 per year three
2) ELITE Four Way Neighborhood Images (N5) covering 317 sectors of the Licensee as indicated on the attached map. Premier
Neighborhood Images are nominal 4” GSD.
Each sector will have approximately:
a. 52 Ortho-rectified images and your choice for the following (please check if mosaic is desired)
___one 1-meter standard mosaic sector tile for each ortho sector
XX one 1-meter standard area-wide mosaic(s) (area-wide mosaic in ECW format – MRSID available for an additional charge –
see section B below)
b. 104 Oblique images from four perpendicular directions
ELITE Neighborhood Images will be taken when there is less than 30% leaf cover.
ELITE NEIGHBORHOOD Image Price $ 400.00 per sector @ 317 sectors = $ 126,800.00 over 3-years
$ 42,266.67 per year one
$ 42,266.66 per year two
$ 42,266.67 per year three
Attachment number 1Page 1 of 5
Page 2 of 5 05012009
3) PAR Library for Self Hosting Licensees: The Licensee imagery shall also be delivered in PAR format for use in Licensee’s
Self Hosting environment
Yes, deliver the PAR imagery as provided for in my annual maintenance fees for Self Hosting (delivery media shall
be listed in the Storage Media section shown below). It is understood that the delivery of PAR imagery is a
separate shipment and will occur after the Image Warehouse has been shipped.
B. Pictometry images (individual frames) are delivered in Pictometry .PSI and .PMI format (JPG combined with a meta-data trailer). For each
sector that includes ortho imagery (Community or Neighborhood), Pictometry includes a 1m ortho sector mosaic tile created from the
individual ortho frames in JPG with a world file and separate trailer, minimal overlap, projected in State Plane, NAD 83, feet unless the
projection is stated otherwise (other projection desired: Georgia State Plane EAST, NAD 83). These 1m Ortho Sector Tiles are primarily
for use in EFS.
C. Ancillary Products:
1) Modules to allow EFS to interface with E-911 systems (note: this fee allows the interface but does not cover the actual
integration. E911 service provider will handle the integration and may charge additional dollars for this service)
ONE (1) Seat Licenses in one (1) PSAP @ $1000/seat minus 25% discount = $ 750.00
(Cap of $5,000 for unlimited seats in one PSAP or a cap of $15,000 for unlimited seats in all PSAPs)
2) Image Library Compression: A copy of Image Library which has been compressed. Library Compression is priced at $2500 for 1-
50,000 images, $2500 for each additional 50,000 images or part thereof. Pictometry shall contact Licensee for compression size and
means of delivery.
ONE (1) Library Compression(s) @ $ 5,000.00
3) Images are to be delivered with an image size of approximately 3-5 MB.
D. US Census Bureau TIGER line files of County or a base map supplied by Licensee.
E. DEMS (Digital Elevation Models) – check one:
XX DEMs in LIDAR format (provided by Licensee).
Licensee DEMs must be provided to Pictometry within 30 days of signing this agreement, or a re-processing fee may
be charged.
2. Documentation: Pictometry International Corp. shall furnish 1 digital copy of the Licensed Documentation for the Licensed Software.
3. Training: Pictometry International Corp. shall conduct two (2) End User orientation sessions, of up to 25 people per training session, for
employees of the Licensee, or Authorized Subdivisions thereof, at the Licensee’s site and using Licensee computers. In addition there will be
one (1) Advanced User technical training for one group of up to 10 people using Licensee computers. Pictometry also provides one
Administration / IT training session designed to provide the administrators of the Pictometry image library with the knowledge they will need to
manage and distribute access to the Pictometry solution. This session is done remotely using online tools such as GotoMeeting.
Optional Advanced Training Program. Pictometry Advanced Training (FutureView) is designed to provide the participants with a better
working knowledge of existing and new technologies as well as introducing partner integrations. This 3-day annual training program is invaluable for
Assessment, GIS, Public Safety, Environmental, Public Works and all other levels of government. Each Advanced Training Package includes
registration, hotel room for three nights and round-trip airfare up to $500.00. Licensee will be supplied with a discount code (via email) to be used
when registering for the FutureView Training. This code will indicate that the Training Package was pre-paid in this License Agreement. Training
Packages must be redeemed during the term of this agreement. (Air Travel Restrictions: 30 Day advance purchase for airfare -- continental US
flights only - - per person round trip airfare at standard coach class rates for the registrant's individual travel only, transportation booking must be
made through Pictometry's travel provider.)
ONE (1) All-inclusive Training Package(s) in year one (2011) of this Agreement = $ 2,165 included in Existing Annual License Fee
ONE (1) All-inclusive Training Package(s) in year two (2012) of this Agreement = $ 2,165 included in Existing Annual License Fee
4. Telephone Support: Pictometry shall provide ten (10) hours of telephone support to people who have completed the Advanced User Technical
Training and who are individually identified by Licensee.
Attachment number 1Page 2 of 5
Page 3 of 5 05012009
5. Licensed Software: Pictometry International Corp. shall supply one copy of the Pictometry Electronic Field Study (EFS) software, latest version,
on the Storage Media supplied as specified herein. Licensed Software: Pictometry International Corp. shall supply one copy of the Pictometry
Electronic Field Study (EFS) software, latest version, on the Storage Media supplied as specified herein. Licensee and Authorized Users may
download updated versions of the Licensed Software free of charge for a period of two years from the initial date of shipping of the EFS
software, along with a copy of the updated documentation.
6. Annual License Fee of FORTY SEVEN THOUSAND TWENTY ONE DOLLARS AND SIXTY SEVEN CENTS ($ 47,021.67)
• This is the Annual License Fee for the Licensed Images, Licensed Software, Licensed Documentation and support.
• The initial duration of the License is THREE (3) years at the above Annual License Fee.
• At the end of this THREE (3) year term, Licensee is granted a Perpetual License for all Licensed Images and Licensed Software
at no additional cost.
• At the end of this License Term, Support and Upgrades for Licensed Software shall be continued by:
o Entering into a new license for new images, or
o Paying an annual Support and Maintenance Fee of 5% of the Annual License Fee shown above.
• Pictometry Economic Alliance Partnership (EAP) – Licensee shall be eligible for the Pictometry Economic Alliance
Partnership as outlined on Schedule B. The EAP Program described on the attached Schedule B shall stay in effect for a three
(3) year term. EAP coverage beyond that three year term shall be based on the then prevailing EAP Program.
• The annual cost of the Images is fixed for a period of one (1) year from the date of this License Agreement to provide
consistency in pricing should the Licensee wish to amend the Schedule A to purchase annual imagery (an additional set of
images on the one year anniversary of this License).
7. Storage Media. Delivery media will be a ONE (1) 1TB storage purchased from Pictometry at a cost of $ 335.00.
Licensee will make available on Licensee Server enough disk storage space to accommodate the Licensed Products. This is estimated to be
_____ GB in a NTFS file system (size may vary in other file systems). Licensee will also provide a 100 Mb/s network link to the server. On
delivery, the Licensed Images and Licensed Software may be copied to the Licensee server via the network connection. (note: Image Library
deliveries on Licensee-supplied Delivery media shall be charged a $100 copy fee)
8. Total Cost: The Total Cost of this License Agreement is Three Hundred Two Thousand Five hundred Eighty Three Dollars and 33/100 Cents
($ 302,583.33) broken down as follows:
First Year - Image Capture
Existing Annual License Fee (2010 Flight) $ 77,716.67
Annual License Fee (2011 Flight) $ 47,021.67
E911 INTEGRATION Fee (ONE seat) $ 750.00
Library Compression $ 5,000.00
ONE TB Delivery Media $ 335.00
First Year Total $ 130,823.34
Second Year
Existing Annual License Fee (2010 Flight) $ 77,716.67
Annual License Fee (2011 Flight) $ 47,021.66
Second Year Total $ 124,738.33
Third Year
Annual License Fee (2011 Flight) $ 47,021.66
Third Year Total $ 47,021.66
9. Taxes: All License Fees or other prices listed in this Agreement are exclusive of Federal, State and Local taxes. Licensee will be responsible
for any taxes due under this License Agreement, including sales tax, unless a tax exempt certificate is submitted to Pictometry.
10. Payment: The Licensee shall remit to Pictometry International, Corp. twenty-five percent (25%) of the First Year Total Fee upon signing this
Agreement and the balance of the First Year Total Fee within 30 days of shipment of all Licensed Software and Images, as specified in this
Schedule A. All shipping efforts by Pictometry International Corp. shall be coordinated with the Licensee. Payment of the Second Year Total
Fee shall be due on the one-year anniversary of this shipping date. It is understood that the payment schedule is for the convenience of the
Attachment number 1Page 3 of 5
Page 4 of 5 05012009
Licensee. All monies are considered earned upon shipment of the Image Library. Fees past due for 30 days shall be charged a late fee of
1.5% per month.
Payment Breakdown:
YEAR ONE:
25% of 2011 Flight Down payment due at signing = $ 13,378.67
Amount Due on Image Library Shipment 2011 Flight = $ 39,728.00
Amount due on two-year anniversary of 2010 flight Shipment = $ 77,716.67
YEAR TWO
Amount Due on one year anniversary Image Library Shipment 2011 Flight = $ 47,021.66
Amount due on three-year anniversary of 2010 flight Shipment = $ 77,716.67
YEAR THREE
Amount Due on two year anniversary Image Library Shipment 2011 Flight = $ 47,021.66
11. Delivery Schedule: The image capture process and the delivery date may be affected by weather conditions or aircraft availability. Licensee will
accept delivery within thirty (30) days of notification by Pictometry.
12. Recommended Minimum System Requirements for Electronic Field Study. A Pentium III with a 450 MHz processor, 256MB memory minimum
512MB+ recommended, Windows 2000/XP, a video card with 4 MB memory capable of 1024 x 768 resolution, , display color of 24bit or higher,
100MB NIC and 50MB free disk space for software.
13. Training and Support Services: Additional training and support services are available to Licensee at the then prevailing prices.
SCHEDULE C1
Mosaic Tile
Pictometry Standard Ortho Mosaic Products
Pictometry ortho mosaic products are the result of high definition, full color aerial images and automated mosaicking processes that
incorporate digital elevation data to create large-area mosaicked ortho images from the individual Pictometry ortho frames. Pictometry
ortho images are captured along with the oblique imagery to create libraries of images that are unequalled in cost-effectiveness, high detail
and ease of use.
Pictometry builds in quality control, programmatic error correction, and data integrity checks into the planning, capture, and processing of
the images. There are a few artifacts of the Pictometry ortho mosaic process that may still be evident with the automated mosaicking
process. This is a summary of the types of artifacts that may be evident in a small portion of the Pictometry ortho mosaic tiles. Examples
of mosaic tiles and the artifacts described below are on the following pages.
Disconnects in Non-Elevated Surfaces
These disconnects are generally caused by inaccurate elevation data
Disconnects in Elevated Surfaces (Roadways, Bridges, etc.)
Elevated roads, bridges, etc. that are not represented in the elevation data may result in disconnects along mosaic seam lines
Building Intersect and Clipping
Similar to elevated roads and bridges, buildings that are not represented in the elevation data may result in disconnects along the structure
Seasonal Cutlines
Visible cutlines may exist between images taken at different times in a season, or between seasons
Ground Illumination Cutlines
Variations in illumination (sunny, high overcast, morning/afternoon, etc.) between flight days may result in visible cutlines
Color Variations - Single GSD
Attachment number 1Page 4 of 5
Page 5 of 5 05012009
Illumination differences and multiple-aircraft/camera capture result in varying color temperature which can appear as visible cutlines in a
mosaic
Color Variations - Mixed GSD
When a customer chooses portions of their area to be flown at different ground sample distances (GSDs), there will frequently be a
noticeable difference (cutline) along the seams between the two resolutions
Color Variations - Water
When multiple individual frames are used to create a mosaic across a body of water (lakes, ponds, rivers, etc.), there will likely be
noticeable cutlines in the water
Regions Geographically Misplaced
From time to time, the geopositional data is corrupt or improperly processed and will mis-position the images and result in a defective
mosaic. These are inspected for and corrected in Processing
Lack of / Edges of Coverage
Along the edges of an area being captured (the border of a county, for example), there may be mosaic tiles created with partial coverage.
The missing areas along the edge are filled with black. Where coverage in one GSD does not exist but other GSD imagery is available, the
second GSD imagery will be used to fill the gap
Processing Errors
Software bugs and improperly applied geopositional data is inspected for and corrected before products are delivered to customers
(In the event any provision of this Addendum conflicts in whole or in part with the terms of the License Agreement, the provisions of this Addendum
shall control.)
The undersigned approves and accepts this addendum and acknowledges this addendum, and any attachments, to be a part of the License
Agreement. All other terms and conditions to remain the same.
PICTOMETRY INTERNATIONAL, Corp. Licensee: Augusta-Richmond County, GA
By: By:
Name: Linda K. Salpini Name: Deke Copenhaver
Title: Senior V.P., Finance Title: Mayor
Address: 100 Town Centre Drive, Suite A Address: 530 Greene St
Rochester, NY 14623 Augusta, GA 30901
Date: _______________________________________________ Date: _______________________________________________
Attest: ________________________________________________
Date: _______________________________________________
Attachment number 1Page 5 of 5
Commission Meeting Agenda
2/1/2011 5:00 PM
Agreement with MCG Physicians Practice Group
Department:Clerk of Commission
Caption:Motion to approve a Professional Services Agreement between the Medical
College of Georgia Physicians Practice Group Foundation and the Augusta
Richmond County Fire Department. (Approved by Public Safety
Committee January 24, 2011)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 8
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Commission Meeting Agenda
2/1/2011 5:00 PM
New World 2011 SSMA
Department:Information Technology
Caption:Motion to approve payment to New World Systems, Inc. for Standard
Software Maintenance for the period covering January 1, 2011 - December
31, 2011. (Approved by Public Safety Committee January 24, 2011)
Background:This is the annual payment to secure ongoing maintenance of New World’s
AEGIS Public Safety-related software and related modules and products.
Analysis:This software maintenance agreement with New World will allow Augusta
to continue to receive maintenance and support for the New World Systems
applications used by various Public Safety Departments to include the
Sheriff's Office, E911, and the Fire Department.
Financial Impact:The cost of the maintenance agreement is $285,163, paid for by funds from
IT's operating budget, the Fire Department, and E911.
Alternatives:N/A
Recommendation:Approve payment of Standard Software Maintenance Agreement with New
World Systems, Inc. for support from Jan 1, 2011 – December 31, 2011.
Funds are Available in
the Following
Accounts:
101015410.5223110 $214,625 (IT) 274034110.5213119 $13,191 (Augusta
Fire Dept) 216037110.5223110 $57,347 (E911)
REVIEWED AND APPROVED BY:
Procurement.
Information Technology.
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Attachment number 1Page 1 of 1
Attachment number 1Page 1 of 1
Attachment number 1Page 1 of 1
Attachment number 1Page 1 of 1
Commission Meeting Agenda
2/1/2011 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:Motion to approve selected dates for building closure regarding the
implementation of furlough reduction for 2011 and to declare those dates
"unpaid days of rest" in accordance with O.C.G.A. 36-1-12 and 15-6-93.
(Approved by Finance Committee January 24, 2011)
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 there were 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 N/A
Cover Memo
Accounts:
REVIEWED AND APPROVED BY:
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
Attachment number 2Page 1 of 2
Attachment number 2Page 2 of 2
Commission Meeting Agenda
2/1/2011 5:00 PM
Carry over of remaining New Program funds for Juvenile Court
Department:Juvenile Court
Caption:Motion to approve a request from Juvenile Court to carry over the
remaining New Program funds they were granted in the 2010 budget.
(Approved by Finance Committee January 24, 2011)
Background:Juvenile Court was granted $10,000 for New Programs in 2010. They
currently have $4,600 remaining. The New Program (Parenting Project) is
still a "Work in Progress", and they are anticipating that expenditures will
run over into 2011. They are requesting that the remaining $4,600 be
carried over into their 2011 budget.
Analysis:The department is recommending the carry over of $4,600 to complete the
Parenting Project.
Financial Impact:$4,600 to be carried over into Juvenile Court's 2011 budget.
Alternatives:1. Approve the recommendation as stated. 2. Disapprove the
recommendation.
Recommendation:1. Approve the recommendation as stated.
Funds are Available in
the Following
Accounts:
Prior year fund balance
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Commission Meeting Agenda
2/1/2011 5:00 PM
Funding adjustment for construction of Fire Station #10
Department:Fire, Chief Howard Willis
Caption:Motion to approve placing recaptured funds from completed SPLOST
Phase V projects into construction fund for Fire Station #10. (Approved by
Finance Committee January 24, 2011)
Background:The Augusta Fire Department was awarded $1,250,000.00 in funding from
the Phase V SPLOST allocation for the construction of the new Fire station
#10. After completing the bid process the low bid for the construction of this
fire station is $1,740,000.00. This will require an adjustment in the funding
allocation for this project.
Analysis:The construction funding for this station in the SPLOST V allocation was
$1,250,000.00. The amount available after architect design and
administrative cost is now $1,135,924. Due to the amount of site work that
is needed for this location and the underground storm water retention needed
to meet State regulations, the cost for construction is increased substantially.
The total amount left in our SPLOST V allocation including captured
residuals from all of the other completed SPLOST V projects and allocation
for the construction of Station #10 is $2,187,580.00. The total additional
funding required to complete this project including contingencies, permit
fees and furnishings comes to $809,076.00, bringing the total cost of
completing the project to $1,945,000.00
Financial Impact:The total additional funding required to complete this project including
contingencies, permit fees and furnishings comes to $809,076.00, bringing
the total cost of completing the project to $1,945,000.00 There is sufficient
funding in recaptured funds from completed SPLOST Phase V funding to
offset the cost increase for construction of Station #10.
Alternatives:Combine remaining Phase V SPLOST Station #10 construction funds and
recaptured funds from completed Phase V SPLOST completed funds
together to complete the construction of Station #10 with residuals after
completion being placed into recaptured funds account.
Recommendation:Transfer $810,000 from recaptured SPLOST V funding inton the Phase V
Fire Station #10 construction funding account.
Funds are Available in
the Following
Accounts:
SPLOST recapture - Fire Department Projects Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Our Mission: To promote the preservation and use of historic places for a better Georgia.
HISTORIC PRESERVATION DIVISION
156 Trinity Avenue, S.W., Suite 101, Atlanta, Georgia 30303-3600
phone 404/656-2840, fax 404/651-8739
www.gashpo.org
________________________________________________________
Georgia’s State Historic Preservation Office
Historic Preservation Fund Grants:
Predevelopment, Survey and Planning
The Historic Preservation Division annually receives funds from the National Park Service to carry
out a statewide historic preservation program in participation with state and local governments,
organizations, and the citizens of Georgia. One of the activities supported by the federal Historic
Preservation Fund is the Predevelopment, Survey and Planning grant program.
Eligible Activities
Predevelopment, Survey and Planning grants are awarded on an annual basis for projects which will
enhance historic preservation in local communities or throughout the state. All grants are awarded
on a 60/40 matching basis. Eligible activities include the following:
•Historic resource surveys
•Preservation planning activities & studies
•National Register nominations
•Educational activities & publications
•Archaeological surveys and testing
•Predevelopment (plans & specifications)
Who Can Apply
Certified Local Governments (CLG's) may apply for this grant funding. CLG's are assigned to
categories by HPD based on the historic preservation work previously completed in their
communities. CLGs in Category I may only apply for community-wide historic structural resources
surveys and/or archaeological surveys. Category II applicants may apply for any of the activities
listed below.
The two eligibility categories for HPF grants are:
Category I - Community-wide historic structural resources survey and/or archaeological survey
Category II - National Register nomination or local designation, preservation planning, information
and education, and predevelopment activities.
Grant Awards
The Historic Preservation Fund grant funds are awarded once a year on a competitive basis.
Approximately 10 grants are awarded annually, depending on the amount of the Historic
Preservation Fund allocation. Grant amounts generally range from $1,000 to $15,000. Grant
applications are rated according to objective selection criteria, and in relation to the quality of all the
Attachment number 1Page 1 of 2
Our Mission: To promote the preservation and use of historic places for a
better Georgia.
other applications received. The selection criteria emphasize the need for the project, sound project
and financial administration, and proper preservation methodology. Also, geographical distribution
and the selection of a variety of project types are factors in the award of grant funds.
Application and Schedule
Grant applications are distributed to all interested parties during the first part of January.
Completed applications are accepted until March 1. Applicants are encouraged to discuss grants
projects with the grants coordinator before submitting applications. Grant awards are announced in
April, and projects may begin in June. The grantee has approximately 13 months to complete the
project.
Requirements
The grantee is required to follow federal and state regulations that govern the use of federal grant
funds. The grant must be matched by nonfederal funds. This match must be partially cash, but may
include donated materials and labor, as well as staff and/or volunteers. All grant projects must be
either conducted or supervised by personnel who meet recognized professional qualifications.
For more information on grants or alternative funding sources, contact:
Cherie Bennett, Grants Coordinator
Historic Preservation Division
404/651-5181
For more information on the Certified Local Government Program, contact:
Christine Laughlin, Certified Local Government Coordinator
706/542-4731
revised May 2002
Attachment number 1Page 2 of 2
Commission Meeting Agenda
2/1/2011 5:00 PM
Belair Hills Subdivision Improvements - CPB Change Number 6 and Construction CO#1
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve Capital Project Budget Change Number Six and
Construction Change Order One for additional site drainage improvement
work in the amount of $ 244,407.11 to Blair Construction, Inc. for the Belair
Hills Subdivision Road and Drainage Improvements project. Funding will
be from SPLOST Phase IV Recapture as requested by AED. (Approved by
Engineering Services Committee January 24, 2011)
Background:Belair Hills Subdivision Improvements include road paving, an installation
of water and sanitary sewer system, and roadside drainage improvements.
During the course of the completion of improvements that are covered under
the original contract, AED discovered additional areas of concern that
warranted drainage improvement work outside the original scope.
Additional work is needed to further minimize roadside drainage impacts on
adjacent properties and surrounding offsite drainage systems.
Analysis:This project is currently under construction and approximately 90 percent
complete. Area drainage conditions warranted modification/addition to the
current design plans that resulted in additional site work. Changes include
redirecting additional surface runoff into a storm piping system to minimize
offsite drainage to surrounding parcels. Additional work consists of
constructing a new stormwater conveyance system to manage surface runoff
from Saybrook Drive drainage.
Financial Impact:Funding is available in SPLOST Phase IV Recapture 324-041110-
6011110/207824999 in the amount of $244,407.11 to be transferred to the
project construction account upon Commission approval.
Alternatives:1. Approve Capital Project Budget Change Number six and Construction
Change Order one for additional site drainage improvement work in the
amount of $244,407.11 to Blair Construction, Inc. for the Belair Hills
Subdivision Road and Drainage Improvements project. Funding will be
from SPLOST Phase IV Recapture as requested by AED. 2. Do not approve
and discontinue project without completing needed site improvements.
Recommendation:approve alernative one.
Funds are Available in
the Following
Accounts:
_324-041110-6011110/207824999-60111110 transferred to 324-041110-
5414110/203824335
Cover Memo
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby amended:
Section 1: The project change is authorized to CPB# 324-04-203824335. Change number Six
proposes to perform additional drainage improvement work not outlined in the original scope
of work. Funding in the amount $244,410.00 is vailable in SPLOST Ph IV Recapture Account.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Special 1% Sales %Sales Tax, Phase IV 3,801,130$
CF Grading & Drainage , Phase IV 500,000$
CF Resurfacing, Phase IV 1,101,000$
Special 1% Sales Tax, Phase IV Recapture 56,642$
Augusta Utilities Department 1,600,000$
Augusta Recreation and Parks Department 87,000$
Special 1% Sales Tax, Phase IV Recapture 244,410$
7,390,182$
CPB#324-041110-203824335
BELAIR HILLS IMPROVEMENT PROJECT
CHANGE NUMBER SIX
CHANGE ORDER NUMBER ONE
CAPITAL PROJECT BUDGET
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this
request contact Engineering at ext 5070. Thanks
Section 3: The following amounts are appropriated for the project:
By Basin By District
Varies $7,390,182 Varies 7,390,182$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Deke Copenhaver, Mayor
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information reference this
request contact Engineering at ext 5070. Thanks
Attachment number 1Page 1 of 2
Augusta-Richmond County, Georgia CPB#324-041110-203824335
BELAIR HILLS IMPROVEMENT PROJECT
CHANGE NUMBER SIX
CHANGE ORDER NUMBER ONE
CAPITAL PROJECT BUDGET
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
SPECIAL 1% SALES TAX, PHASE I
324-04-1110/201824055 ($3,801,130) $0 ($3,801,130)
CF GRADING & DRAINAGE PHASE IV
324-041110/201824021 ($500,000) $0 ($500,000)
CF RESURFACING PHASE IV
324-04-1110/201824041 ($1,101,000) $0 ($1,101,000)
Special 1% SALES TAX, PHASE IV RECPATURE
324-04-1110-6011110/207824999 ($56,642) ($244,410) ($301,052)
AUGUSTA UTILITIES DEPARTMENT
507043420-5425210/80800020-5425210 ($1,600,000) $0 ($1,600,000)
AUGUSTA RECREATION AND PARKS DEPARTMENT
325-06-1110/206065006 ($87,000) $0 ($87,000)
TOTAL SOURCES:($7,145,772)($244,410)($7,390,182)TOTAL SOURCES:($7,145,772)($244,410)($7,390,182)
USE OF FUNDS
ENGINEERING
324-04-1110-5212115/203824335 $330,397 $0 $330,397
RIGHT-OF-WAY
324-04-1110-5411120/203824335 $0 $0 $0
ADVERTISING
324-04-1110-5233119/203824335 $1,000 $0 $1,000
UTILITIES (RELOC)
324-04-1110-5414510/203824335 $0 $0 $0
CONSTRUCTION
324-04-1110-5414110/203824335 $6,814,375 $244,410 $7,058,785
TOTAL USES: $7,145,772 $244,410 $7,390,182
Attachment number 1Page 2 of 2
Change Order Form
Change Order Number: ONE Date: 01/04/2011
Project Title: Belair Hills Subdivision Improvements
Original Contract Date: 9/21/08 Project Number: 324-04-203824335
Owner: ARC P.O. Number: P155705
Contractor: Blair Construction
TOTAL AMOUNT OF THIS CHANGE ORDER $ 244,407.11
As a result of this Change Order, the anticipated contract completion date is thirty (30)
days from Commission approval date.
Original Contract Amount $ 6,549,090.64
Previous Change Order(s) Total $____________
This Change Order $ 244,407.11
TOTAL CONTRACT WITH CHANGE ORDER(S) $ 6,793,497.75
* * * * * * * * * * * * *
Funding Source/Account Number: 324-041110-6011110-207824999-6011110
Requested By: Date:
Construction Manager
Submitted By: Date:
Department Head
Approved By: Date:
Mayor
Accepted By: Date:
Contractor
cc: Anthony (Tony) Williams, Construction Manager
Geri Sams, Director Procurement
Eric Loggins, Accountant
Valerie Jenkins, Engineering
Tim Schroder, Finance
File
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request contact Engineering at ext 5070. Thanks
Attachment number 2Page 1 of 1
Commission Meeting Agenda
2/1/2011 5:00 PM
On-Call Construction Services - CPB Change #2 and SA#2
Department:Abie L. Ladson, PE, CPESC, Director of Engineering
Caption:Motion to approve Capital Project Budget Change Number Two (324-
041110-210824002) and Supplemental Agreement Number Two for the On-
Call Construction Services Agreement with Moreland Altobelli Associates,
Inc. in the amount of $56,400.00; to continue construction management
services on the Walton Way Resurfacing Project as requested by
AED. Funding is available in SPLOST Phase IV Fund Balance account.
(Approved by Engineering Services Committee January 24, 2011)
Background:On May 18, 2010 the Augusta Richmond County Commission approved
professional services of construction management, construction inspection
and field engineering services on thirty-three (33) projects under
construction for 2010 and 2011 including the Walton Way and Laney
Walker Blvd Projects. The original fee for construction engineering and
inspection services for Walton Way and Laney Walker Blvd provided for
eight weeks of inspection services primarily for the Laney Walker Blvd
resurfacing project. However, Walton Way resurfacing is in-progress and
estimated additional three months of inspection is required to see this project
completed.
Analysis:Requested change will allow Augusta Engineering Department to maintain
current level of in-placed Construction Management (CM) and Construction
Quality Assurance and Quality Control (QA/QC). QA/QC and CM. are
critical factors to construct a good road and to ensure the work is completed
per design standards and specifications. Also, Walton Way project is a
stimulus funded project and requires full time construction quality control,
daily activity logging and monthly reimbursement report submittals to
GDOT.
Financial Impact:Funds are available in the amount of $56,400.00 in SPLOST Phase IV Fund
Balance account to be transferred to the On-Call Construction Services
Consultant Agreement upon Commission approval.
Alternatives:Approve Capital Project Budget Change Number Two (324-041110-
210824002) and Supplemental Agreement Number Two for the On-Call
Construction Services Agreement with Moreland Altobelli Associates, Inc
in the amount of $56,400.00; to continue construction management services
on the Walton Way Resurfacing Project as requested by AED. Funding is
available in SPLOST Phase IV Fund Balance account. 2) Do not approve
and eliminate project & loose construction funds. Cover Memo
Recommendation:approve alternative one
Funds are Available in
the Following
Accounts:
SPLOST Phase IV Fund Balance to be transferred to 324-041110-
5212119/210824002
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Augusta-Richmond County, Georgia
BE IT ORDAINED by the Commission-Council of Augusta-Richmond County,
Georgia that the following Capital Project Budget is hereby amended:
Section 1: The project change is authorized to CPB# 324-041110-210824002 for Supplemental
Agreement Number Two. This project proposes to provide an additional three months
of inspection for Walton Way and Laney Walker Boulevard. Funding in the amount
of $56,400 is available SPLOST Phase IV Fund Account Balance and will be transferred
to On-Call Construction Services Consultant Agreement upon Commission
approval.
Section 2: The following revenues are anticipated to be available to the Consolidated
Government to complete the project.
Resurfacing 50,000$
Resurfacing 16,920$
SPLOST Phase IV Fund Acoount Balance 56,400$
123,320$
Section 3: The following amounts are appropriated for the project:
By Basin By District
Varies $123,320 Varies 123,320$
Section 4: Copies of this Capital Project Budget shall be made available to the
Comptroller for direction in carrying out this project.
CAPITAL PROJECT BUDGET
ON-CALL CONSTRUCTION SERVICES
CPB#324-041110-210824002
CHANGE NUMBER TWO
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information
reference this request, contact Engineering at ext 5070. Thanks
Comptroller for direction in carrying out this project.
Adopted this ____________________ day of ______________________.
Approved
_________________________________________________
Original-Commission Council Office
Copy-Engineering Department
Copy-Finance Department
Copy-Procurement Department
Honorable Mayor, Deke Copenhaver
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of Commission for execution. For information
reference this request, contact Engineering at ext 5070. Thanks
1.4.11
Attachment number 1Page 1 of 2
Augusta-Richmond County, Georgia
CAPITAL PROJECT BUDGET
ON-CALL CONSTRUCTION SERVICES
CPB#324-041110-210824002
CHANGE NUMBER TWO
CPB AMOUNT CPB NEW
SOURCE OF FUNDS CPB CHANGE CPB
RESURFACING
324-04-1110-5411120-201824044 ($66,920) $0 ($66,920)
SPLOST PHASE IV FUND ACCOUNT
000-00-0000-0000000-000000000 $0 ($56,400) ($56,400)
TOTAL SOURCES: ($66,920) ($56,400) ($123,320)
USE OF FUNDS
ADMINISTRATIVE SERVICES
324-04-1110-5212119-210824002 $66,920 $56,400 $123,320
TOTAL USES:$66,920 $56,400 $123,320TOTAL USES:$66,920 $56,400 $123,320
1.4.11
Attachment number 1Page 2 of 2
(SA02 – For changes greater than $20,000) January 2011
AUGUSTA-RICHMOND COUNTY
ENGINEERING DEPARTMENT
SUPPLEMENTAL AGREEMENT
WHEREAS, We, “Moreland Altobelli Associates, Inc.” Consultant, entered into a contract with
Augusta-Richmond County on “May 18, 2010”, for On-Call Construction Services”, Project
No. 324-041110-210824002, File Reference No. 10-014 (A), and
WHEREAS, certain revisions to the design requested by Augusta-Richmond County are not
covered by the scope of the original contract, we desire to submit the following Supplemental
Agreement to-wit:
.
It is agreed that as a result of the above described modification the contract amount is increased
by $56,400.00 from $66,920.00 to a new total of $123,320.00.
Any modifications to submittal dates shall be as identified in the attached proposal. This
agreement in no way modifies or changes the original contract of which it becomes a part, except
as specifically stated herein.
NOW, THEREFORE, We, “Moreland Altobelli Associates, Inc.”, Consultant, hereby agree to
said Supplemental Agreement consisting of the above mentioned items and prices, and agree that
this Supplemental Agreement is hereby made a part of the original contract to be performed
under the specifications thereof, and that the original contract is in full force and effect, except
insofar as it might be modified by this Supplemental Agreement.
This day of , 2011.
RECOMMEND FOR APPROVAL:
CITY OF AUGUSTA-RICHMOND COUNTY
AUGUSTA, GEORGIA
Honorable Mayor, Deke Copenhaver
Approved: Date Approved: Date
[ATTACHED CORPORATE SEAL]
ATTEST:
Title:
Augusta Richmond County Project Number(s): 324-041110-210824002
Supplemental Agreement Number: 2
Purchase Order Number: P181970
Additional three months of engineering and inspection services for
Walton Way and Laney Walker Boulevard.
Please do not process this document. Once approved by the Commission the original will be sent to the Clerk of
Commission for execution. For information reference this request, contact Engineering at ext 5070. Thanks
Attachment number 2Page 1 of 1
Commission Meeting Agenda
2/1/2011 5:00 PM
Railroad Relocation
Department:Planning Commission
Caption:Motion to approve the use of available federal funding for planning and
preliminary engineering for relocation of a section of CSX railroad line
through Augusta. (Approved by Engineering Services Committee
January 24, 2011)
Background:Augusta was appropriated $2 million by Congress in 2004 for the purpose of
planning and preliminary engineering for railroad relocation. At the time of
the appropriation there was great interest in two projects that seemed to have
potential for implementation. One of those projects which involved the NS
system has proven to have impediments that essentially rule out its
implementation. The other project involves the CSX system. This project
could result in the complete elimination of the section of former Georgia
Railroad that begins at their main line between 9th and 10th Streets, crosses
Walton Way between 12th and 13th Streets, and parallels R. A. Dent
Boulevard south to 15th Street. The City had some issues with CSX shortly
after the appropriation was made and therefore this project has not
advanced. We believe that the project would be beneficial to overall traffic
flow and safety, and that it would be very important to the development of
greater synergy between the Medical Complex and the Laney Walker and
Bethlehem neighborhoods. We would like to explore the possibility of now
moving this project forward.
Analysis:Federal funds are available that require no local or state match for the
planning and engineering. The estimated construction cost in 2001 was $10
million. The study might indicate that this is a very feasible project, worthy
of Splost 6 funding or possibly other State or Federal assistance.
Financial Impact:None locally except that administration of the grant and the contracts would
require staff time.
Alternatives:Approve initiating the studies, disapprove, or seek additional input from the
affected areas.
Recommendation:Approve the use of appropriated funds to seek consultants to perform the
planning and engineering studies.
Funds are Available in
the Following
Accounts:
Cover Memo
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
Commission Meeting Agenda
2/1/2011 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. (Approved by
Commission January 18, 2011 - second reading)
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
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Commission Meeting Agenda
2/1/2011 5:00 PM
Underground Distribution Line Easement Marshal's Substation
Department:Law
Caption:Motion to approve an Underground Distribution Line Easement between
Augusta, Georgia, as owner, and Georgia Power Company, in connection
with the Marshal's Substation located at 3050 Deans Bridge
Road. (Approved by Engineering Services Committee January 24,
2011)
Background:The rights include and embrace the right to clear and keep clear all trees and
other obstructions located within ten (10 sq. ft.) of the underground
distribution line.
Analysis:None
Financial Impact:None
Alternatives:Deny the Motion
Recommendation:Approve the Motion
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
2/1/2011 5:00 PM
Minutes
Department:Clerk of Commission
Caption:Motion to approve the minutes of the regular meeting of the Commission
held January 18, 2011 and Special Called Legal Meeting held January 24,
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
2/1/2011 5:00 PM
Region 2 Planning Board
Department:
Caption:Consider the reappoint of Geneice McCoy and the following
for appointment to the Georgia Department of Behavioral Health &
Development Disabilities Region 2 Planning Board to three (3) vacant
positions: LaTasha Walton, Frances Crawford, Willie Lee Jones, Bobby
Hankerson and Jeff Padgett .
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
2/1/2011 5:00 PM
2011 Budget Resolution
Department:
Caption:Motion to approve 2011 Budget Resolution. (No action vote January 18,
2011 Commission meeting requested by the Attorney)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
2/1/2011 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. (Deferred from the January 18th
Commission meeting until after the January 21st Work Session)
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:
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.
Attachment number 2Page 1 of 113
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Sec. 1-10-42. Cost or price analysis.
Sec. 1-10-43. Bid and performance bonds when required.
Sec. 1-10-44. Bid bonds.
Sec. 1-10-45. Payment and performance bonds.
Sec. 1-10-46. Insurance requirements.
Sec. 1-10-47. Pre-qualifications of contractors.
Article 6 Procurement Source Selection Methods and Contract Awards
Sec. 1-10-48. Generally.
Sec. 1-10-49. Purchase order.
Sec. 1-10-50. Sealed bids selection method.
Sec. 1-10-51. Request for proposals.
Sec. 1-10-52. Sealed proposals.
Sec. 1-10-53. Competitive selection procedures for professional and consultant
services.
Sec. 1-10-54. Informal bids selection methods (standard and small purchases)
and authority of Administrator and General Counsel.
Sec. 1-10-55. Banking services.
Sec. 1-10-56. Sole source procurement.
Sec. 1-10-57. Emergency procurement selection method.
Sec. 1-10-58. Annual contracts
Sec. 1-10-59. Specific requirements/options for source selection method.
Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re-
advertisement.
Sec. 1-10-61. Multi-term contract.
Sec. 1-10-62. Right to inspect facilities.
Sec. 1-10-63. Right to audit records and contracts and collection of statistical
data.
Sec. 1-10-64. Rebidding or cancellation of existing contract.
Sec. 1-10-65. Multiple awards.
Article 7 Local Small Business Opportunity Program
Sec. 1-10-66. Short title.
Sec. 1-10-67. Objective.
Sec. 1-10-68. Policy.
Sec. 1-10-69. Definitions.
Sec. 1-10-70. Application; effective date.
Sec. 1-10-71. Program administration
Sec. 1-10-72. Registration and certification procedures.
Attachment number 2Page 2 of 113
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Sec. 1-10-73. Local small business opportunities program participation
Sec. 1-10-74. Exceptions ± federally funded projects
Sec. 1-10-75. &LWL]HQ¶V6PDOO%XVLQHVV$GYLVRU\%RDUG
Article 8 Suspension or Debarment of Bidder or Proposer
Sec. 1-10-76. Authority to suspend or debar from qualified bidder/proposer
list.
Sec. 1-10-77. Causes for suspension and debarment.
Sec. 1-10-78. Notice
Sec. 1-10-79. Finality of decision
Sec. 1-10-80. Board of &RPPLVVLRQHU¶VLQLWLDWHGGHEDUPHQW
Article 9 Appeals Protests and Remedies
Sec. 1-10-81. Procurement protests.
Sec. 1-10-82. Filing of protest
Sec. 1-10-83. Decision by Procurement Director
Sec. 1-10-84. Appeals
Sec. 1-10-85. Time for filing.
Sec. 1-10-86. Request for hearing and effect of untimely appeal.
Sec. 1-10-87. Notice of hearing
Sec. 1-10-88. Administrative Services Committee hearing procedure and effect
of failure to appear at hearing.
Sec. 1-10-89. Authority of Administrator to participate in procurement
matters.
Sec. 1-10-90. Hearing procedures
Sec. 1-10-91. Determination of Commission; final decision.
Sec. 1-10-92. Contract claims
Sec. 1-10-93. Augusta, Georgia's right to amend bid solicitations or awards
that are in violation of law.
Article 10 Types of Contracts
Sec. 1-10-94. Authority to approve, sign and execute contracts by type.
Sec. 1-10-95. Public works contracts
Article 11 Cooperative Procurement
Sec. 1-10-96. Cooperative procurement agreement.
Sec. 1-10-97. Sale, acquisition, or use of supplies.
Sec. 1-10-98. Cooperative use of supplies or services.
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Sec. 1-10-99. Joint use of facilities.
Sec. 1-10-100. Use of state contracts.
Sec. 1-10-101. Purchase of surplus and excess property.
Sec. 1-10-102. Waiver.
Article 12 Contract Administration and Management
Sec. 1-10-103. Purpose.
Sec. 1-10-104. Augusta, Georgia contracts and contract clauses.
Sec. 1-10-105. Contract modification.
Sec. 1-10-106. Bid security and performance bonds.
Sec. 1-10-107. Contract performance and payment bonds.
Sec. 1-10-108. Bond forms and copies.
Sec. 1-10-109. Retainage.
Sec. 1-10-110. Approval of accounting system.
Sec. 1-10-111. Contractual provisions for worksite inspections.
Sec. 1-10-112. Contractual provisions for auditing records.
Article 13 DBE Program for DOT, FTA and other Federally 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-'%(ELGGHU¶VOLVWIRU'27-assisted contracts.
Sec. 1-10-121. Overconcentration of DBE firms in certain types of work.
Sec. 1-10-122. Compliance with DBE Program requirements.
Sec. 1-10-123. DBE Program overall goals.
Sec. 1-10-124. Severability.
Sec. 1-10-125 through Sec. 1-10-999. Reserved.
Attachment number 2Page 4 of 113
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Chapter 10
PROCUREMENT
ARTICLE 1
GENERAL PROVISIONS AND DEFINITIONS
Sec. 1-10-1. Purpose.
The purpose of the Procurement Chapter of the AUGUSTA, GA. CODE is to provide
detailed procedures for implementation of procurement requirements for Augusta,
Georgia. Further, the purpose of this Chapter is to:
(a) Simplify and consolidate procurement procedures;
(b) Provide for centralized procurement;
(c) Ensure fair and equitable treatment of all persons involved in the procurement
process; and
(d) Foster competition in the public procurement process.
(e) Ensure compliance with all federal, state and local laws.
This chapter shall contain all of the rules, regulations, and procedures needed to
purchase goods and services and provide other procurement services for the
Augusta, Georgia government.
Sec. 1-10-2. Application of this chapter.
(a) The requirements of this chapter apply to contracts for the
procurement of supplies, commodities, services, construction,
professional, and consultant service products solicited or entered into
by Augusta, Georgia. It shall apply to every expenditure of public
funds irrespective of the source of the funds. It shall also apply to the
disposal of Augusta, Georgia supplies and personal assets.
(b) Nothing in this chapter shall preclude Augusta, Georgia from
Attachment number 2Page 5 of 113
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
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Sec. 1-10-6. Preference for local suppliers, professional services and
contractors.
(a) Augusta, Georgia encourages the use of local suppliers of goods, services
and construction products whenever possible. Augusta, Georgia also
vigorously supports the advantages of an open competitive market place.
Nothing in this Section shall be interpreted to mean that the Augusta,
Georgia Administrator or Procurement Director are restricted in any way
from seeking formal bids or proposals from outside the Augusta market area.
(b) When the quotation or informal bids selection method is used by the
Procurement Director or using agency head to seek firms to quote on
Augusta, Georgia commodities, services and construction products, local
firms should be contacted, if possible, first. Where the Procurement
Director or using agency head 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
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(2) Holds any business license required by the AUGUSTA, GA. CODE; and
(3) Employees at least one full-time employee, or two part-time
employees whose primary residence is within the geographic limits of
Richmond County, Georgia or if the business has no employees, the
business shall be at least fifty percent (50%) owned by one or more
persons whose primary residence is within the geographic limits of
Richmond County, Georgia.
(f) The Procurement Director shall develop a program to routinely search out
local firms that offer products or services which Augusta, Georgia may
purchase and encourage such firms to place themselves on the local bidder's
list.
(g) Registration as a local bidder. In order to be registered as a local bidder, a
bidder must submit a completed application to the Department of
Procurement, and the applicant must be approved and registered by the
Department of Procurement. An eligible bidder must submit a completed
and signed written application to become a local bidder at least thirty (30)
days prior to the date bids are received on an eligible local project. An
eligible bidder who fails to submit an application for approval as a local
bidder at least thirty (30) days prior to the date bids are received on an
eligible local project, and who otherwise meets the requirements for
approval as a local bidder, will not be qualified for a bid preference on such
eligible local project.
(h) Criteria. To be registered as a local bidder, the eligible bidder must satisfy
the criteria set forth in subsection (e) above.
(i) Term. The certification as a local bidder shall expire two (2) years from the
date of the approval of the application. Following the expiration date, a
business is no longer a local bidder. An eligible bidder must submit a new
application for certification as a local bidder to the Procurement Director
and establish that it continues to meet the requirements contained in
subparagraph (e) of this section in order to receive a bid preference on
eligible local projects.
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(j) Continuing obligations of eligible bidders registered as local bidders.
Eligible bidders registered as local bidders shall be under a continuing duty
to immediately inform the Department of Procurement in writing of any
changes in the eligible bidder's business if, as a result of such changes, the
eligible bidder no longer satisfies the requirements of subparagraph (e) of
this section.
(k) Nothing in this section shall be interpreted to mean that the Augusta,
Georgia Administrator or Commission may decline to follow the provisions
of O.C.G.A. §§ 36-91-1 through 36-91-95, Public Works Contracts.
O.C.G.A. § 36-91-22 requires that all Augusta, Georgia public works
contracts of one-hundred thousand dollars ($100,000) or more, as defined
therein, be publicly advertised before letting out the contract to the lowest
bidder. Further, nothing in this section shall be interpreted to mean Augusta,
Georgia Administrator or Board of Commissioners may decline to follow
the provisions of the AUGUSTA, GA. CODE requiring public advertising
before letting certain contracts.
(l) Georgia-made Preference: Augusta, Georgia shall provide a preference for
Georgia-made products on the purchase of supplies, materials, equipment
and agriculture products. The Georgia-made Preference policy shall only be
applied to purchases of such items costing over one-hundred thousand
dollars ($100,000) and only when the vendor seeking this preference
supplies sufficient proof that their product is Georgia-made. A vendors
request for the Georgia±PDGH3UHIHUHQFHPXVWEHSODFHGLQWKHYHQGRU¶V
response to an applicable Augusta, Georgia bid. The Administrator shall
determine whether the product is a Georgia-made product. The lowest
bidder of a Georgia±made product will be allowed to match the bid of the
lowest non-Georgia-made bidder. If matched the lowest bidder of a
Georgia±made product will be awarded the contract.
Sec. 1-10-7. Value analysis.
(a) Purpose. A significant portion of the Augusta, Georgia Annual Budget is
committed each year to various purchase contracts such as raw materials,
equipment, equipment parts or components, general supplies, and
professional and non-professional services. Therefore, it is essential that
maximum value be obtained for every public tax dollar spent. A proven
technique for obtaining this goal is value analysis.
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(b) Definition of value analysis. Value analysis is the organized and systematic
study of every element of cost in a part, material, or service to make certain
it fulfills its function at the best value. It employs techniques which identify
the functions the user wants from a product or service; establishes by
comparison the appropriate cost for each function; then, it causes the
required knowledge, creativity; and initiative to be used to provide each
function for that cost.
(c) Application of value analysis to the procurement process. Value analysis is a
study of function and the value of any service, material, or product
established by the minimum cost of other available alternatives, materials,
products, or services that will perform the same function. To achieve high
value, emphasis must be placed on obtaining high use value at low cost.
Sec. 1-10-8. Compliance with state and federal requirement.
When the procurement transaction involves the expenditure of State or Federal
funds, the transaction shall be conducted in accordance with any applicable
mandatory State or Federal laws and authorized regulations. Notwithstanding
where State and Federal assistance or contract funds are used in procurement
transaction, any applicable local requirements that are more restrictive than State
or Federal requirements but not in conflict therewith shall be followed.
Sec. 1-10-9. Definitions-generally.
The terms, phrases, words, and their derivations set forth below shall have the
meaning given herein. Words not defined herein or within the Official Code of
Georgia Annotated shall be interpreted so as to give them the meaning they have in
common usage and to give this chapter its most reasonable application. Words
used in the singular shall include the plural, and the plural the singular; words used
in the present tense shall include the future tense. The words shall, will, and must
are mandatory and not discretionary. The word may is permissive.
(1) Agreement. The bargain of the parties in fact as found in their
language or by implication from other circumstances including course
of dealing or usage of trade or course of performance as provided in
O.C.G.A. § 11-1-205 and § 11-2-208. Whether an agreement has legal
consequences is determined by the provision of this title, if applicable;
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otherwise, by the law of contracts (O.C.G.A. § 11-1-103). (O.C.G.A.
§ 11-2-201)
(2) Annual contract. Means any contract entered into for a period of one
year or multiple one-year periods (including options to renew for
additional one year periods), with a vendor or contractor, to provide
Augusta, Georgia, upon request with a specified product or service,
such as paving, concrete or office supplies at a predetermined rate or
price.
(3) Award. Means when legislation authorizing the award of a contract
has been adopted by the Board of Commissioners and approved the
execution of the contract by the Mayor; however no liability shall
attach nor shall the contract be considered binding unless it has been
duly executed by the contractor and returned with all required
submittals including insurance and bonding, if applicable, executed by
the Mayor; attested to by the Clerk and approved by General Counsel
as to form.
(4) Bid. An offer to perform a contract for work and labor or supplying
materials or goods at a specified price. Or, an offer by an intending
purchaser to pay a designated price for property which is about to be
sold at auction.
(5) Bid Bond. A bond with good and sufficient surety or sureties for the
faithful acceptance of the contract payable to, in favor of, and for the
protection of the governmental entity for which the contract is to be
awarded.
(6) Bidders List. Augusta, Georgia's official list of qualified persons or
vendors to be invited to respond to any type of invitation for bids or
requests for proposals which shall be maintained by the Procurement
Director.
(7) Business. Any corporation, partnership, individual, sole
proprietorship, joint stock company, joint venture, firm, or any other
private legal entity.
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(8) Change Order. An alteration, addition, or deduction from the original
scope of work as defined by the contract documents to address
changes or unforeseen conditions necessary for project completion.
(9) Commodities. Those things that are useful or serviceable, particularly
articles of merchandise moveable in trade, goods, wares, supplies, and
merchandise of any kind.
(10) Construction. The process of building, altering, repairing, improving,
or demolishing any public structure or building, or other public
improvements of any kind to any public real property. It does not
include the routine operation, routine repair, or routine maintenance of
existing structures, buildings, or real property.
(11) Contract. Means all types of Augusta, Georgia agreements, including
purchase orders, regardless of what they may be called, for the
procurement or disposal of supplies, services, construction,
professional or consultant services and for the transfer of interests in
real property.
(12) Contract Administration. All activity necessary after award of a
contract to administer a contract and to ensure full compliance with its
terms, conditions, and scope of services.
(13) Contract Documents. All documents which define the scope of the
project, including but not limited to, the plans and specifications,
advertisement for bids, instructions to bidders, the bid, the proposal,
bonds, general conditions, special conditions, insurance and technical
specifications.
(14) Contract Modification. Any written alteration in specifications,
delivery point, time and rate of delivery, period of performance, price,
quantity or other provisions of any contract reached by mutual action
of the parties to the contract.
(15) Contractor and/or Sub-Contractor. Any person having a contract with
Augusta, Georgia, a using agency of Augusta, Georgia, or a contractor
thereof.
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(16) Cooperative Procurement. Acquiring commodities, services, and
construction by, or on behalf of, more than one public procurement
agency.
(17) Cost Analysis. The evaluation of cost data for the purpose of arriving
at costs actually incurred or estimates of costs to be incurred, prices to
be paid, and costs to be reimbursed.
(18) Cost Data. The factual information concerning the cost of labor,
material, overhead, and other cost elements which are expected to be
incurred or which have been actually incurred by the contractor in
performing the contract.
(19) Cost-reimbursement Contract. A contract under which a contractor is
reimbursed for costs which are allowable and in accordance with the
contract terms and the provisions of this chapter, and a fee or profit, if
any.
(20) Board of Commissioners. The Board of Commissioners of Augusta,
Georgia which is the governing body of Augusta, Georgia.
(21) Mayor. The chief executive officer of Augusta, Georgia who is
authorized to sign all contracts for the Board of Commissioners.
(22) Administrator. The chief appointed administrative officer of Augusta,
Georgia.
(23) Days. Days mean calendar days. In computing any period of time
prescribed by the Procurement Code, the first day shall not be counted
but the last day shall be counted. If the last day falls on a Saturday or
Sunday, the party shall have through the following Monday. When the
last day falls on a legal holiday observed by the governing authority,
the party shall have through the next day.
(24) Debarment. Exclusion from contracting and subcontracting with
Augusta, Georgia for a specified period of time.
(25) Designee. A duly authorized representative of a person holding a
superior position.
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(26) Discussions. As used in the selection process, means an exchange of
information or other manner of negotiation during which the offeror
and Augusta, Georgia may alter or otherwise change the conditions,
terms, and price of the proposed contract. Discussions may be
conducted in connection with competitive sealed proposals, sole
source, and emergency procurement.
(27) Emergency. Any situation resulting in imminent danger to the public
health or safety or the loss of an essential governmental service.
(28) Employee. An individual drawing a salary or wages from Augusta,
Georgia, whether elected or not; any non-compensated individual
performing personal services for Augusta, Georgia or any department,
agency, commission, council, board, or any other entity established by
the executive, legislative or judicial branch of Augusta, Georgia; and
any non-compensated individual serving as an elected official of
Augusta, Georgia.
(29) Fault. Wrongful act, omission or breach.
(30) Financial Interest. All direct ownership interests of the total assets or
capital stock of a business entity where such ownership interest is ten
(10) percent or more. (O.C.G.A. § 36-67A-1).
(31) Firm. Any individual, partnership, corporation, association, joint
venture, or other legal entity permitted by law to practice or offer
professional or consultant services.
(32) Good Faith. Honesty in fact in the conduct or transaction concerned.
(O.C.G.A. § 11-1-201).
(33) Gratuity. A payment, loan, subscription, advance, deposit of money,
service, or anything of more than nominal value, present or promised,
unless consideration of substantially equal or greater value is received.
(34) Genuine. Free of forgery or counterfeiting. (O.C.G.A. § 11-1-210).
(35) Immediate family. Father, mother, son, daughter, brother, sister,
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grandparents or grandchildren, wife or husband, or the wife or
husband of any of the preceding listed persons.
(36) Interested party. Means an actual or prospective bidder, offeror, or
contractor that may be aggrieved by the solicitation or award of a
contract, or by the protest.
(37) Invitation for Bids. An advertisement for the submission of bids for a
particular project, item or goods whether attached or incorporated by
reference.
(38) Let (contracts). Award to one of several persons, who have submitted
proposals (bids) therefore, the contract for erecting public works or
doing some part of the work connected therewith, or rendering some
other service to the government for a stipulated compensation.
(39) Responsive Bidder. A person or entity that has submitted a bid or
proposal that conforms in all material respects to the requirements set
forth in the invitation for bids or request for proposals.
(40) May. Denotes the permissive.
(41) Notice. Knowledge, or a notice or notification received by an
individual or organization. Notice is effective for a particular
transaction from the time when it is delivered to the individual it is
addressed to or is delivered to any person in the organization
conducting, or seeking to conduct business with Augusta, Georgia.
(O.C.G.A. § 11-1-201).
(42) Notice to proceed. Written document issued by the Procurement
Director or her designee directing the contractor to proceed with the
performance of the contract.
(43) Offer. A proposal or bid submitted in response to a request for
proposal (RFP) or invitation for bid (ITB).
(44) Offeror. Any person submitting a response to a solicitation issued,
including an informal request for quotes, a request for proposal or
invitation for bids.
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(45) Organization. Includes a corporation, government or governmental
subdivision or agency, business trust, estate, trust, partnership or
association, two or more persons having a joint or common interest, or
any other legal or commercial entity. (O.C.G.A. § 11-1-201).
(46) Payment bond. A bond with good and sufficient surety or sureties
payable to Augusta-Georgia for which the work is to be done and
intended for the use and protection of all subcontractors and all
persons supplying labor, materials, machinery, and equipment in the
prosecution of the work provided for in the public works construction
contract.
(47) Performance bond. A bond with good and sufficient surety or sureties
for the faithful performance of the contract and to indemnify Augusta,
Georgia for any damages occasioned by a failure to perform the same
within the prescribed time. Such bond shall be payable to, in favor of,
and for the protection of Augusta, Georgia for which the work is to be
done.
(48) Person. Any business, individual, union, committee, club, other
organization, or group of individuals.
(49) Pre-qualification. The process to determine whether a prospective
bidder or proposer satisfies the criteria established for inclusion on the
pre-qualified bidders or proposers list.
(50) Price Analysis. The evaluation of price data, without analysis of the
separate cost components and profit as in cost analysis, which may
assist in arriving at prices to be paid and costs to be reimbursed.
(51) Pricing Data. The factual information concerning prices for items
substantially similar to those being procured. Prices in this definition
refer to offered selling prices, historical selling prices, and current
selling prices. The definition refers to data relevant to both prime and
sub-contract prices.
(52) Procurement. Means buying, purchasing, renting, leasing, or
otherwise acquiring any supplies, services or construction. It also
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includes all functions that pertain to the obtaining of any supply,
service, or construction, including description of requirements,
selection and solicitation of sources, preparation and award of
contract, and all phases of contract administration.
(53) Procurement Department. The department responsible for the
expenditure of public funds for the procurement of commodities,
services, or construction products.
(54) Procurement Director. The department head of the Procurement
Department responsible for the procurement of goods and services for
Augusta, Georgia.
(55) Procurement Officer. Any person duly authorized to enter into and
administer contracts and make written determinations with respect
thereto. The term also includes an authorized representative acting
within the limits of authority.
(56) Product. Something produced by physical labor or intellectual effort,
commodities, supplies, equipment, materials, goods, services and
construction.
(57) Product Reference. A specification limited to one or more items by
manufacturers' names or catalog numbers to describe the standard of
quality, performance, and other salient characteristics needed to meet
Augusta, Georgia requirements, and which provides for the
submission of equivalent products.
(58) Professional and consultant services. Means those services within the
scope of the practices of architecture, investment banking,
professional engineering, planning, landscape architecture, land
surveying, the medical arts, management and analysis, accounting or
auditing, law, psychology or any other similar kind or type of
professional practice. For purposes of this division, professional and
consultant services shall not include investment management services
as defined by the laws of the State of Georgia.
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(59) Proposal. Means the solicited submission of information from a
prospective offeror in accordance with the terms of the applicable
request for proposals and applicable law.
(60) Protest. Means a written statement concerning any unresolved
disagreement or controversy arising out of the solicitation or award of
a contract filed in accordance with the requirements of this Code.
(61) Protestor. Means any actual or prospective bidder, offeror, or
contractor who is aggrieved in connection with the solicitation or the
award of a contract and who files a protest.
(62) Public procurement unit. The United States Government, any
department, agency or division thereof, any city, county, town, and
any subdivision of the State of Georgia or public agency of any such
subdivision, public authority, educational, health, or other institution,
any other non-profit entity which expends public funds for
procurement or supplies, services, or construction.
(63) Public Sale. A sale held to dispose of surplus Augusta, Georgia
property.
(64) Public Works Construction. The building, altering, repairing,
improving, or demolishing of any public structure or building or other
public improvements of any kind to any public real property other
than those projects covered by Chapter 4 of Title 32 of the GEORGIA
CODE. Such term does not include the routine operation, repair, or
maintenance of existing structures, buildings, or real property.
(65) Purchase. Includes taking by sale, discount, negotiation, mortgage,
pledge, lien, issue or reissue, gift, or any other voluntary transaction
creating an interest in property. (O.C.G.A. § 11-1-201).
(66) Purchase Order. Written authorization requesting the selected vendor
to deliver goods with payment to be made later.
(67) Qualified Products List. An approved list of commodities described
by model or catalog numbers, which, prior to competitive solicitation,
Augusta, Georgia has determined will meet the applicable product
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specifications requirements.
(68) Quotations or informal bids selection method. The method for
procuring services, commodities or goods without the formality of a
written proposal or sealed bid for purchases that do not exceed
$10,000.
(69) Requisition. The document submitted by a using agency requesting
that a purchase be made on its behalf. Requisition includes, but is not
limited to, a description of the requested commodity, service or
construction product, delivery schedule, transportation data, criteria
for evaluation, suggested sources of supply, and information supplied
for the working of any written determination required by law or this
Code.
(70) Request for Proposals (RFP). All documents, whether attached or
incorporated by reference, utilized for soliciting proposals.
(71) Request for Qualifications (RFQ). A method used to predetermine the
capacity of prospective bidders or proposers for a specific project
prior to the issuance of a solicitation.
(72) Responsible Bidder or Proposer. A person who has the capability in
all respects to perform fully and reliably the contract requirements,
and the tenacity, perseverance, experience, integrity, reliability,
capacity, facilities, equipment, and credit which will assure good faith
performance. In considering whether a bidder is responsible, the
Procurement Director, Augusta, Georgia Administrator, using agency
head, or Augusta, Georgia Commission may consider the proposers or
bidder's quality of work, general reputation in the community,
financial responsibility, and previous employment or use by Augusta,
Georgia.
(73) Responsive Bidder or Proposer. A person or entity that has submitted
a bid or proposal which conforms in all material respects to the
requirements set forth in the invitation for bids or request for proposal.
(74) Sealed Bid. A method of soliciting public works construction
contracts and other contracts, products or services whereby the award
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is based upon the lowest responsive, responsible bid in conformance
with the provisions of Georgia Law and this Code.
(75) Sealed Proposal. A method of soliciting public works contracts and
other contracts, products or services whereby the award is based upon
criteria identified in a request for proposals in conformance with the
provisions of Georgia Law and this Code.
(76) Services. The furnishing of labor, time or effort, not involving the
delivery of a specific end product other than reports which are merely
incidental to the required performance. This term shall not include
employment agreements or collective bargaining agreements.
(77) Small Business. A United States business which is independently
owned and which is not dominant in its field of operation or an
affiliate or subsidiary of a business dominant in its field of operation.
(78) Solicitation. Means an invitation for bids, a request for proposals, a
request for quotations or any other document issued by the Augusta,
Georgia concerning its soliciting bids or proposals to perform an
Augusta, Georgia contract or purchase order.
(79) Sole Source. Those procurements made pursuant to a written
determination by Augusta, Georgia that there is only one source for
the required supply, service, or construction item.
(80) Specification. Any description of the physical or functional
characteristics or of the nature of commodities, services, or
construction products. It may include a description of any requirement
for inspecting, testing, or preparing a commodity, service, or
construction product for delivery.
(81) Substantial Interest. The direct or indirect ownership of more than
twenty-five (25) percent of the assets or stock of any business.
(O.C.G.A. § 45-10-20).
(82) Supplies. Any goods, equipment, material or other personal property
owned by Augusta, Georgia and available for use by the personnel of
the organization.
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(83) Surplus Supplies. Any Augusta, Georgia owned supplies no longer
needed having any use to Augusta, Georgia as determined of official
action of the Board of Commissioners.
(84) Ultra Vires. In excess of legal power or 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
DXWKRUL]HG E\ WKH 0D\RU RU WKH 0D\RU¶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:
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retained any company or person, other than a bona fide employee working
for the vendor or contractor or firm, to solicit or secure this contract or
purchase order; and that the vendor or contractor or firm has not paid or
agreed to pay any person, company, association, corporation, individual or
firm other than a bona fide employee working for the vendor or contractor or
firms, any fee, commission, percentage, gift or any other consideration
contingent upon or resulting from the award or making of this agreement,
For the breach or violation of the above warranty, and upon a finding after
notice and hearing, Augusta, Georgia shall have the right to terminate the
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contract or purchase order without liability, and, at its discretion, to deduct
from the contract or purchase order price, or otherwise recover the fill
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Sec. 1-10-30. Penalties.
(a) Criminal penalties. To the extent that violations of the ethical standards of
conduct set forth in this division constitute violations of state law or
violations of Augusta, Georgia standards of conduct set forth in section 1-1-
8 of the AUGUSTA, GA. CODE, they shall be punishable as provided therein.
Such penalties shall be in addition to the civil sanctions set forth in this
division. Criminal, civil and administrative sanctions, against employees or
non-employees which are in existence on the effective date of the ordinance
from which this article derives shall not be impaired.
(b) Sanctions. The Augusta, Georgia Board of Commissioners is permitted to
impose sanctions upon any employee or non-employee for violations of
these provisions.
(c) Employees. The Administrator, upon the recommendation of a Augusta,
Georgia Department Director may impose any one or more of the following
sanctions on an employee for violations of the ethical standards of this
division:
(1) Oral or written warnings or reprimands;
(2) Suspensions with or without pay for specified periods of time; or
(3) Termination of employment.
(d) Nonemployees. The Administrator, upon recommendation and approval by
the Board of Commissioners, may impose one or more of the following
sanctions on a non-employee for violations of the ethical standards:
(1) Written warnings or reprimands;
(2) Termination of contracts; or
(3) Debarment or suspension as provided in Article 8.
Sec. 1-10-31. Reporting of anti-competitive practices to state.
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Under this article, collusion and other anti-competitive practices among offerors
are prohibited by local, state and federal laws, and Augusta, Georgia, therefore,
establishes the following:
(a) Certification of independent price determination. All offerors shall identify a
person having authority to sign for the offeror who shall certify, in writing,
as follows:
"I certify that this offer is made without prior understanding, agreement, or
connection with any corporation, firm, or person submitting an offer for the
same supplies, services, construction, or professional or consultant services,
and is in all respects fair and without collusion or fraud. I understand
collusive bidding is a violation of local, state and federal law and can result
in fines, prison sentences, and civil damages awards. I agree to abide by all
conditions of this solicitation and offer and certify that I am authorized to
sign for this offeror."
(b) Compliance with this subsection shall be considered met if the certification
of independent price determination, as provided in this subsection, is set
forth in an exhibit attached to the offer and appropriate language
incorporating the exhibit into the offer is set forth therein.
(c) Reporting of anti-competitive practices. When for any reason collusion or
other anti-competitive practices are suspected among any offerors, a notice
of the relevant facts shall be transmitted to the State Attorney General by the
Augusta, Georgia General Counsel for investigation.
ARTICLE 4
PRODUCT SPECIFICATIONS
Sec. 1-10-32. Purpose.
The purpose of a specification is to provide a description and statement of the
requirements of a product, components of a product, the capability or performance
of a product, and/or the service or work to be performed to create a product.
Sec. 1-10-33. Types of specifications.
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(a) Design. This specification describes and states the required functional,
physical and quality characteristics of a product, components of products, or
services.
(b) Performance. This specification describes and states the intended use,
operating conditions, specific features and characteristics, and performance
capability of the product. For construction or services, a performance
specification states the methods to be employee and/or standards to be met,
specific starting and completion schedule, and frequency of the service to be
performed to develop the final product.
(c) Design/performance. This specification is a combination of types (a) and (b)
described above. It is a complete description and statement of the required
physical makeup, functionality, intended use, operating conditions, specific
features and characteristics, and performance capability of the product.
(d) Service availability. If availability of service is to be a criteria for awarding a
contract, the specifications shall clearly state that service availability may be
considered in determining the most responsive bid, and the bidders shall be
required to submit information concerning their ability to service and
maintain the product or equipment.
(e) A specification should be complete in its statement requirements. Other
published specifications can be incorporated (e.g., Georgia D.O.T.
Specifications, Underwriters Laboratory, etc.); however, original statements
are preferable. A specification may also include provisions for testing and
inspecting where necessary.
Sec. 1-10-34. Maximum practicable competition.
All specifications shall be drafted so as to promote overall economy for the
purpose intended and encourage competition in satisfying Augusta, Georgia's
needs, and shall not be unduly restrictive. The procedures in this Section apply to
all specifications including, but not limited to, those prepared for Augusta, Georgia
by architects, engineers, designers, draftsmen, and other consulting persons.
Sec. 1-10-35. Qualified products list.
(a) Augusta, Georgia shall advertise at least once per fiscal year for vendors to
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register with the Procurement Department the products and services they
wish to offer Augusta, Georgia. Augusta, Georgia shall keep an index of
these vendors by name and the list shall be cross referenced for products and
services. The vendor's name shall be kept for two (2) years or permanently if
the vendor continues to offer bids. Records shall be kept as to the number of
times a vendor is contacted for informal quotes and other bids. Upon the
request of a vendor, the said vendor shall be added or deleted from the list.
The use of such a list is not intended to restrict competition. Any vendor
may submit, prior to product solicitation, a commodity, product or service to
the Procurement Director for review and possible inclusion on the qualified
products list.
(b) Vendors shall be removed from the vendor list for the reasons established by
the Procurement Director, including, but not limited to:
(1) Declining to offer bids for a two (2) year period.
(2) Failing to satisfactorily meet terms, agreements, or contracts made
with the procurement department or the using agency.
(3) Being convicted of criminal offenses in obtaining contracts or
convicted of embezzlement, violation of state or federal anti-trust
statutes, or any other crime which indicates a lack of business
integrity or honesty.
(4) Violating contract provisions or failing to perform without good cause
or any other cause which the Procurement Director deems to be so
serious as to affect the responsiveness and responsibility of a
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list by another governmental entity.
(5) Violating the standards as set forth in Article II hereof for conflicts of
interest.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-36. Background information on vendors.
The Department Head and/or the Administrator is directed to provide the bid
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amount as submitted, information concerning the vendor's previous performance,
the service and quality of the products offered, the availability of the goods and
services when needed, adherence to delivery schedules, and other criteria pertinent
to that particular item, on vendors who have submitted bids, proposals, or contracts
for the Commission's consideration. The information is to be included in the
backup documents for the Commission's consideration in awarding the contract.
Sec. 1-10-37. Product references in specifications.
(a) Use. Product references may be used in specifications, in conjunction with
other descriptive narrative, when:
(1) No other design or performance specification or qualified products list
is available;
(2) Time does not permit the preparation of another form of purchase
description;
(3) The nature of the product or the nature of Augusta, Georgia's
requirements dictates the use of a brand name or equal reference in the
specification; or
(4) The use of a brand name or equal specification is in Augusta,
Georgia's best interests.
(b) Designation of several products references. Product reference or equal
specifications shall seek to identify as many different product references as
are practicable, as or equal references and shall further state that
substantially equivalent products to those designated will be considered for
award, unless conditions warrant otherwise.
(1) Unless otherwise authorized by the Administrator, product reference
or equal specifications shall include a description of the particular
design, functional, or performance characteristics which are required.
(2) Where a product reference or equal specification is used in a
solicitation, the solicitation shall contain explanatory language that the
use of the product reference is for the purpose of describing the
standard of quality, performance, and characteristics desired and is not
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intended to limit or restrict competition.
(c) In all cases where brand name items are requisitioned by any department, the
Procurement Director has the authority to determine whether similar
products of equal quality offered for sale to Augusta, Georgia at a lower
price shall be ordered in lieu of the requisitioned brand name items.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-38. Responsibility for specifications.
The using agency shall be responsibility for acquiring specifications data for its
procurements. Procurement personnel will assist with this task by providing copies
of previously used specifications, brochures, or other reference materials.
However, the Procurement office staff's primary responsibility is to develop the
data provided by the using agency head into the proper format for the solicitation
of bids, proposals, or quotations. All specifications shall be drafted so as to
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not be unduly restrictive.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-39. Inspection of purchases.
The procurement director, or his or her designee, in conjunction with the using
agency or department head shall inspect, or supervise the inspection of, all
deliveries of materials, supplies or contractual services to determine their
conformance with the specifications set forth in the pertinent purchase order or
contract. The Procurement Director may require chemical and physical tests of
samples submitted with bids and samples of deliveries, which examinations are
necessary to determine quality of the samples and conformance with specifications.
(Ord. No. 6939, § 16, 1-2-07).
ARTICLE 5
REQUIREMENTS FOR BIDDING OR PROPOSING ON AUGUSTA,
GEORGIA CONTRACTS
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Sec. 1-10-40. Responsibility of bidders and proposers.
(a) Determination of responsibility. The level of responsibility of the bidder or
proposer shall be ascertained for each contract awarded by Augusta, Georgia
based upon full disclosure to the Procurement Director concerning the
person's capacity to meet the terms of the contract and based upon the
person's past record of performance on similar contracts, the bidder's quality
of work, general reputation in the community, financial responsibility, and
previous employment or use by Augusta, Georgia. If an offeror who
otherwise would have been awarded a contract is found non-responsible, a
written determination of non-responsibility, setting forth the basis of the
finding, shall be prepared by the Procurement Director or the using agency
and submitted to the Procurement Director. The failure of an offeror to
promptly supply information in connection with an inquiry with respect to
the level of responsibility may be grounds for a determination of non-
responsibility with respect to such bidder or offeror or proposer. A copy of
the determination shall be sent promptly to the non-responsible offeror. The
final determination shall be made a part of Augusta, Georgia's contract file
and be made a public record.
(b) Right of nondisclosure. Except as required by the Open Records Act,
information furnished by an offeror pursuant to this Section shall not be
disclosed outside of the Procurement Department, or using agency, by
Augusta, Georgia staff without prior written consent by the offeror.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-41. Cost or pricing data.
(a) Required submissions relating to the award of contract. A prospective
contractor shall submit cost or pricing data when the contract is expected to
exceed five thousand dollars ($5,000) and is to be awarded by competitive
sealed proposals (section 1-10-52; Competitive Sealed Proposals), by sole
source procurement authority (section 1-10-56; Sole Source Procurement),
or by competitive selection procedures for professional and consultant
services (section 1-10-53).
(b) Exceptions. The submission of cost or pricing data relating to the award of a
contract is not required when:
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(1) The contract price is based on adequate price competition;
(2) The contract price is based on established catalogue prices or market
prices;
(3) The contract price is set by law or regulation; or
(4) It is determined by the Procurement Director and approved by the
Augusta, Georgia Administrator, in writing, that the requirements of
this Section may be waived, and the determination states the reasons
for such waiver.
(c) Required submissions relating to change orders or contract modifications. A
contractor shall submit cost or pricing data prior to the approval of any
change order or contract modification, including adjustments to contracts
awarded by competitive sealed bidding, whether or not cost or pricing data
was required in connection with the initial pricing of the contract, whenever
the change or modification involves aggregate increases or aggregate
decreases of five percent (5%) or more of original bid or proposal price.
(d) Exceptions. The submission of cost or pricing data relating to the pricing of
a change order or contract modification is not required when:
(1) Unrelated and separately priced adjustments for which cost or pricing
data would not be required are consolidated for administrative
convenience; or
(2) It is determined in a written report by the Procurement Director and
approved by the Augusta, Georgia Administrator that the
requirements of subsection (c) hereof (Cost or Pricing Data; Required
Submissions Relating to Change Orders or Contract Modifications)
may be waived, and the determination states the reasons for such
waiver.
(e) Certification required. Any prospective or current contractor required to
submit cost or pricing data in accordance with this Section shall certify that
to the best of its knowledge and belief the cost or pricing data submitted was
accurate, complete, and current, as of a mutually specified date prior to the
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award of the contract, or the pricing of the change order for contract
modification.
(f) Price adjustment provision required in contracts. Augusta, Georgia
contracts shall include a provision stating that when detailed pricing data has
been requested by Augusta, Georgia and submitted by the offeror/contractor
under the terms of the contract which is later found to be in error, that the
price of the products charged to Augusta, Georgia, including profit or fee,
shall be appropriately adjusted. Such prices shall be accurate, complete, and
current as of the date agreed upon between Augusta, Georgia and the
contractor.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-42. Cost or price analysis.
A cost analysis or a price analysis, including life cycle costing as appropriate, may
be conducted prior to award of a contract. If this technique is to be used, notice
shall be provided the bidder/offeror in the bid solicitation or request for proposals.
A written record of such cost analysis or price analysis shall be made a part of the
contract file.
Sec. 1-10-43. Bid and performance bonds when required.
Bid and performance bonds or other security shall be requested for any contract as
the Procurement Director, using agency head, and/or Administrator deem advisable
to protect Augusta, Georgia's interest under circumstances specified herein. Any
such bonding requirements shall be set forth in the solicitation.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-44. Bid bonds.
(a) Requirements. Bid security shall be required, primarily for construction
contracts, when the value is estimated to exceed one-hundred thousand
dollars ($100,000).
(b) Bid security shall be a bond provided by a surety company authorized to do
business in the State of Georgia or the equivalent in cashier's or certified
check (Checks shall be made payable to Augusta, Georgia), or such other
security as approved by the Augusta, Georgia General Counsel.
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(c) Nothing herein prevents the requirements of such security on construction
and other purchases less than one-hundred thousand dollars ($100,000)
when the circumstances warrant such requirements as determined by the
Procurement Director and using agency head.
(d) Amount. Bid security, when required, shall be in an amount equal to at least
ten percent (10%) of the amount of bid or an amount certain specified in the
solicitation.
(e) The bid security of the three (3) lowest bidders shall be held until contract
award. Securities posted by others will be returned shortly after receipt of
bids. Except for the three (3) lowest bidders, unsuccessful bidders shall be
entitled to the return of the bid security. Upon failure of a successful bidder
to enter into a contract within an established time frame after Augusta,
Georgia tenders the proposed contract, the bidder shall forfeit the bid
security. Upon approval of the contract by the Commission, the remaining
bid securities shall be returned.
(f) Upon failure of an offeror to enter into a contract within ten (10) days after
the contract is tendered by Augusta, Georgia, the offeror's security is subject
to forfeit.
(g) Rejection of bids/noncompliance with bid bond requirement. When the
Invitation for Bids requires bid security, any bid submitted without such
security shall be rejected and returned to the bidder with a written
explanation of the action taken.
(h) Withdrawal of bids. If a bidder is permitted to withdraw a bid before award
it is considered cause to forfeit bid security unless substantial evidence is
presented clearly evidencing the mistake and hardship that would occur to
the bidder.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-45. Payment and performance bonds.
(a) Requirement and amount. When a contract for construction services is
awarded in excess of one-hundred thousand dollars ($100,000) the following
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bonds shall be delivered to Augusta, Georgia, and shall become binding on
the parties upon the execution of the contract:
(1) A performance bond in the amount of 100% of the price specified in
the contract executed by a surety company authorized to do business
in the State of Georgia, and in a form and fashion satisfactory to
Augusta, Georgia; and
(2) A payment bond in the amount of 100% of the price specified in the
contract executed by a surety company authorized to do business in
the State of Georgia and in a form and fashion satisfactory to Augusta,
Georgia.
(b) Nothing in this chapter shall prohibit Augusta, Georgia from requiring other
contractors or suppliers of professional services to comply with one or both
bonding requirements if so determined by the Augusta, Georgia
Administrator, and/or using agency head, to be necessary.
(c) Reduction of bond amounts. Prior to the taking of bids, the Procurement
Director and architect/engineer or project manager, upon approval of the
Administrator, may reduce the amount of performance and payment bonds
when a written determination is made that it is in the best interest of
Augusta, Georgia to do so, provided Georgia law does not mandate the
amount of such bond.
(d) Authority to require additional bonds. Nothing in this Section shall be
construed to limit the authority of Augusta, Georgia to require other security
in addition to those bonds if warranted by the circumstances and other than
specified in this Section.
Sec. 1-10-46. Insurance requirements.
Standard ranges and types of coverage shall be determined under the direction of
the Augusta, Georgia Administrator and advice of the Augusta, Georgia General
Counsel, Risk Management, Finance Director, Procurement Director and other
appropriate staff. General requirements shall be reviewed at least once annually.
Insurance shall be required within established ranges and for specific purposes for
each solicitation and contract, except where otherwise provided for in the
AUGUSTA, GA. CODE.
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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,
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(k) Final negotiations and letting the contract. The Committee shall rank the
technical proposals, open and consider the pricing proposals submitted by
each offeror. Award shall be made or recommended for award through the
Augusta, Georgia Administrator, to the most responsible and responsive
offeror whose proposal is determined to be the most advantageous to
Augusta, Georgia, taking into consideration price and the evaluation factors
set forth in the request for proposals. No other factors or criteria shall be
used in the evaluation. The contract file shall contain a written report of the
basis on which the award is made/recommended. The contract shall be
awarded or let in accordance with the procedures set forth in this Section and
the other applicable sections of this chapter.
(Ord. No. 6939, § 16, 1-2-07).
1-10-53. Competitive selection procedures for professional and consultant
services.
As used in this section professional and consultant services, such as those provided
by architects, engineers, investment banking, professional engineering, planning,
landscape architects, land surveying, the medical arts, management and analysis,
accounting or auditing, psychology or any other similar kind or type of
professional practice which are normally obtained on a fee basis. This section shall
not be applicable to services provided by attorneys or other professionals retained
in connection with legal services. General Counsel shall be responsible for
selecting attorneys and litigation related professionals.
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(a) Conditions for use. The Procurement Director, upon the request or
recommendation of the using agency, shall procure professional and
consultant services, in accordance with this section.
(b) Statement of qualifications. The Procurement Director shall request and
maintain statements of interest from persons interested in providing
professional and consultant services that shall include a statement of
qualifications and performance data for such persons. Each using agency
shall encourage professional and consultant firms, which desire to provide
services to the agency, to submit statements of qualifications to Procurement
Director. Procurement Director may specify a uniform format for statements
of qualifications. Persons may amend these statements at any time by filing a
new statement. Any person placed on the qualifications list shall be removed
if found in violation of any provision of this article or if such person is found
in default under any contract with Augusta, Georgia.
(c) Public notice. When requested by the using agency, Procurement Director
shall issue public notice for requests for proposals from professional and
consultant offerors as provided in section 1-10-50(c).
(d) Selection. Procurement Director, in consultation and upon the
recommendation of the head of the using agency, shall select from among
the offerors no less than three (3) offerors (the "short-listed offerors")
deemed to be the most responsible and responsive; provided, however, that
if three (3) or less offerors respond to the solicitation, this requirement will
not apply. The selection of the short-listed offerors shall be made in order of
preference. From the date proposals are received by Procurement Director
through the date the contract is awarded, no offeror may make substitutions,
deletions, additions or other changes in the configuration or structure of the
offeror's teams or members of offeror's teams prior to award. The selection
criteria shall include, but not be limited to, those contained in section 1-10-
52(g) and the following:
(1) Previous experience demonstrating competence to perform work or
services involved in the solicitation;
(2) Past performance of previous contracts with respect to time of
completion and quality of work;
(3) The fee or compensation demanded for the services;
(4) The ability to comply with applicable laws;
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(5) The ability to comply with the schedule of the commencement and
completion of the services, as required by Augusta, Georgia;
(6) The financial ability to furnish the necessary bonds to the extent
necessary;
(7) The financial condition of the offeror; and
(8) The ability to provide staffing of management personnel, satisfactory
to Augusta, Georgia.
(e) Negotiations and award. Procurement Director shall negotiate a contract
with the most responsible and responsive short-listed offeror at
compensation that Procurement Director determines in writing to be fair and
reasonable to Augusta, Georgia. In making this decision, Procurement
Director shall take into account the estimated value, the scope, the
complexity and the professional nature of the services to be rendered.
Should Procurement Director be unable to negotiate a satisfactory contract
with the offeror considered to be the most responsible and responsive at a
price for Procurement Director determines to be fair and reasonable to
Augusta, Georgia; negotiations with that offeror shall be terminated.
Procurement Director shall then undertake negotiations with the second most
responsible and responsive short-listed offeror. If negotiations with the
second most responsible and responsive short-listed offeror are unsuccessful,
negotiations shall be terminated and Procurement Director shall then
undertake negotiations with the third most responsible and responsive short-
listed offeror. Should Procurement Director be unable to negotiate a contract
with any of the short-listed offerors, Procurement Director and the using
agency may select from the additional offerors that were not short-listed in
order of their responsibility and responsiveness and Procurement Director
may continue negotiations in accordance with this section until an agreement
is reached.
Sec. 1-10-54. Informal bids selection methods (standard and small purchases)
and authority of Administrator and General Counsel.
(a) Conditions for use. Any standard or small purchase contract or purchase
order for supplies, services, and construction not exceeding ten thousand
dollars ($10,000) in total value may be made in accordance with the
purchase procedures authorized in this Section and other applicable
provisions of this Article. Contract requirements shall not be artificially
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divided so as to constitute a small purchase under this Section.
(b) Request for quotations and specifications. Requests for quotations may be
issued in writing or by telephone for purchases less than ten thousand dollars
($10,000). In either case, specifications shall be prepared describing the item
or service in a form suitable for an appropriate vendor response.
(1) Informal oral bid quotations. Quotes from a minimum of three (3)
sources shall be obtained. Maximum purchase under this system is to
be five thousand dollars ($5,000), including sales tax. Vendor quotes
are to be noted on the requisition for retention. The procurement
requirement shall not be artificially divided so as to constitute a
purchase to be made by this method.
(2) Informal written bid quotations. Solicitation for written bid quotes
shall be obtained from three (3) sources, if available, from the vendor
list. The maximum purchase under this system is to be ten thousand
dollars ($10,000), including sales tax.
(3) Selection is to be made from the list in the following manner:
(i) Low bidder on last quote;
(ii) Next vendor on list;
(iii) Repeat procedure until all vendors have been asked to quote;
(iv) Begin new rotation of vendors by using the last low bidder on
quote.
(c) Public notice. Notice in the form of advertisements is not required.
However, no less than three (3) vendors/contractors shall be directly
solicited, if available, to submit quotations.
(d) Receipt of quotations. Quotations shall be scheduled for receipt at a date,
time and place certain. The amount of each quote and such other relevant
information as the Procurement Director deems appropriate, together with
the name of each offeror shall be recorded. The record of each quote shall be
open to public inspection in accordance with section 1-10-5 (Public Access
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to Procurement Information).
(e) Evaluation. Quotations shall be evaluated based on the requirements set
forth in the request for quotations, which may include bidder responsiveness,
capability and past performance, and criteria to determine acceptability such
as inspection, testing, quality, workmanship, delivery, and suitability for a
particular purpose. Those criteria that will affect the quoted price and be
considered in evaluation forward shall be objective and clearly measurable,
including but not limited to discounts, transportation costs, and total or life
cycle costs. No criteria may be used in the evaluation processes that are not
set forth in the request for quotations or other notice.
(f) Correction or withdrawal of quotes. Correction or withdrawal of
inadvertently erroneous quotes before or after the evaluation of the quotes
may be permitted under the circumstances described in section 1-10-50(g)
(Correction or Withdrawal of Bids).
(g) Tie quotes. Shall be handled in the manner described in section 1-10-50 (h)
(Tie Bids).
(h) Award. Award shall be made to the most responsible and responsive bidder
offering the lowest acceptable quotation. The names of the person
submitting quotations and the date and amount of each quotation shall be
recorded and maintained as a public record. Written quotations are advisable
but not expressly required.
(i) Agency purchases under one-thousand dollars ($1,000)/authority of using
agency. Procurement of an item or article which does not exceed one-
thousand dollars ($1,000.00), including any sales tax, shall be exempt from
the bid process except that, where applicable, contract vendors shall be used
unless substitution is approved in writing and in advance by the Procurement
Director. Further, the procurement requirements shall not be artificially
divided so as to constitute a small purchase. A reasonable effort shall be
made to negotiate price agreements that will cover much of the small
purchase volume. For purchases of one-thousand dollars ($1,000) or less in
value the using agency head may issue a Purchase Order to acquire
commodity and service products. The using agency shall obtain adequate
and reasonable competition for the supply, service, or construction being
purchased. Further, the using agency head shall require the preparation and
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maintenance of written records adequate to document the competition
obtained, properly account for the funds expended, and facilitate an audit of
the small purchase made. Small purchases under one-thousand dollars
($1,000) may be made by the elected official or using agency head of all
using agencies as follows:
(1) Where the purchase does not exceed one-thousand dollars ($1,000)
and a Using Agency Purchase Order is prepared and presented to the
vendor.
(2) A copy of the purchase order shall be forwarded to Finance and
Procurement notifying the Director of Finance and Procurement of the
purchase and requesting payment to be made from funds previously
allocated to such using agency.
(j) Limitations on small purchases made by using agencies. When small
purchases are made by the using agency head pursuant to Subsection (i), the
following requirements shall be met:
(1) Such purchases are limited to goods and minor services where no
contract exists or goods are not stocked by Augusta, Georgia. No
equipment and furniture purchases are authorized under subsection (i);
(2) The Using Agency Purchase Orders and original invoices shall be
prepared and signed by an authorized party at the using agency level
and forwarded to Finance for further processing;
(3) Purchases shall not be divided artificially to constitute a small
purchase; and
(4) Using agencies are responsible for checking the availability of funds
prior to making any small purchase.
(Ord. No. 6939, § 16, 1-2-07).
(k) Authority of Administrator to make small purchases. The Administrator
shall have authority to make purchases and enter into professional services
agreements without Commission approval for products or services not
exceeding $25,000.
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(l) Authority of General Counsel to settle small cases. The General Counsel
shall have authority to settle pending and potential litigation not exceeding
$25,000 without Commission approval.
Sec. 1-10-55. Banking services.
(a) Vendor and payroll accounts. Requests for Proposals shall be solicited as
provided in section 1-10-52 of this chapter for each of these accounts.
(b) Accounts other than vendor and payroll accounts.
(1) Requests for Proposals shall be solicited as provided in section 1-10-
52 of this chapter for each such account.
(2) As provided in section 1-10-6, local banks shall be contacted first. For
purposes of this section, local banks shall be defined as those banking
institutions with a full service banking location in Augusta, Georgia.
Sec. 1-10-56. Sole source procurement.
(a) Notwithstanding other provisions in this Article, whenever it shall be made
to appear that by reason of design, capacity, compatibility with other
equipment or with machinery, purpose, function or other characteristics an
item of procurement required by Augusta, Georgia or one of its departments
is obtainable only from one source, the item may be procured by the
Procurement Department through negotiation from the source from which it
is available without the necessity of bids or proposals.
(b) Before any item may be obtained under the provisions of this section,
however, the requisitioning agency must accompany its requisition for the
order with a statement specifying in reasonable detail the reasons why the
item should be procured by sole source. This specification of reasons shall
be in writing and shall be attached to the requisition at the time it is
transmitted to the procurement officer and shall demonstrate due diligence in
determining if other sources exist. The due diligence review shall include the
research of available sources, contact with professional and trade
associations related to the supply, service or construction item or
professional or consultant service. There shall also be a written
determination which states the sources reviewed, the name of the contractor
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and the terms of the agreement reached including terms and prices.
(c) If the Augusta, Georgia Administrator, upon considering the requisition and
the substantiation therefore, determines that the item should be purchased by
sole source procurement and the cost thereof does not exceed twenty
thousand dollars ($20,000), the Administrator may approve such
procurement. If the item exceeds ten thousand dollars ($20,000) in cost, and
the Administrator determines that sole source procurement is appropriate,
the requisition shall be referred to the Commission for action.
(d) The Procurement Director shall conduct the negotiations as to the terms of
the sole source.
(e) The Procurement Director shall draft a letter of justification for the sole
source and place in the contract file.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-57. Emergency procurement selection method.
Notwithstanding any other provisions of this chapter, the Procurement Director,
Augusta, Georgia Administrator or constitutional officer may make or authorize
others to make emergency procurement of equipment, supplies, services, general
construction, or public works type construction services when there exists a threat
to public health, welfare, or safety, or where daily operations are affected; provided
that such emergency procurement shall be made with such competition as is
practicable under the circumstances. As soon as practicable, a record of each
emergency procurement shall be made and shall set forth the contractor's name, the
amount and type of the contract, a listing of the item(s) procured under the
contract, and the identification number of the contract file. A written report
explaining the determination of the basis for the emergency and for the selection of
the particular contractor shall be included in the contract file, and a copy of same
provided the Augusta, Georgia Commission at their next regular meeting in the
case of public works contracts as defined by Georgia Law or other Augusta,
Georgia purchases when the value of the purchase exceeds twenty thousand dollars
($20,000).
In the event an emergency should arise after office hours or on holidays or
weekends which requires immediate action on the part of the using agency
involved and where it is not possible or convenient to reach the Procurement
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Director, constitutional officer, or Administrator, the using agency head is
authorized to make purchases. Such purchases shall be well documented, packaged
for payment, and forwarded to the Procurement Director within twenty-four (24)
hours, if possible, after occurrence.
In the event the Board of Commissioners of Augusta, Georgia determines at an
open meeting of which minutes are recorded, that an emergency exists, and there is
an immediate need for goods, materials or supplies to relieve said emergency, the
Board of Commissioners shall be allowed to approve purchases without bids in the
event the Board has determined an emergency exists, but all such declarations of
emergency shall be in strict accordance with applicable State law defining
`emergency'." (1975 Ga. Laws p. 4334 as amended). (Ord. No. 6939, § 16, 1-2-
07).
Sec. 1-10-58. Annual contracts.
Upon approval of an annual contract by the Augusta, Georgia Board of
Commissioners for supplies and services to a particular vendor or vendors, any
using agency may order supplies or services under such annual contract pursuant to
an individual project or purchase order.
Sec. 1-10-59. Specific requirements/options for source selection method.
Encumbrance of funds. The Procurement Director shall not execute any contracts
or purchase orders, except in the case of certain emergency purchases, until the
Finance Department staff certifies, after pre-audit, that there is to the credit of the
using agency concerned a sufficient unencumbered appropriation balance, in
excess of all unpaid obligations, to defray the amount of the purchase.
Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re-
advertisement.
(a) Conditions for use. An invitation for bids/quotes, a request for proposals, or
other solicitation may be canceled, or any or all bids may be rejected in
whole or in part as may be specified in the solicitation, when it is for good
cause and in the best interest of Augusta, Georgia. The reasons thereof shall
be made part of the contract file. Each solicitation issued by Augusta,
Georgia shall state that the solicitation may be canceled and that any bid or
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proposal may be rejected in whole or in part for good cause when in the best
interest of Augusta, Georgia. Notice of cancellation shall be sent to all
businesses solicited. The notice shall identify the solicitation, explain the
reason for cancellation and, where appropriate, explain that an opportunity
will be given to compete on any re-solicitation or any future procurement of
similar items.
(b) Authority to reject/cancel. The Augusta, Georgia Commission has the
authority to reject/cancel any and all bids, quotes and proposals. The
Administrator shall also have the authority to reject/cancel any and all bids,
quotes and proposals but may only do so with the authorization of the
director of the effected user department.
(c) Negotiating. If the low responsive and responsible bid for the project
exceeds available funds as certified by the Finance Department staff, and
such bid does not exceed such funds by more than twenty percent (20%), the
Augusta, Georgia Administrator and the Procurement Director are
authorized, when time permits, or economic considerations preclude further
re-solicitation of work of a reduced scope, to negotiate an adjustment of the
bid price with the low responsive bidder, in order to bring the bid within the
amount of available funds. Any such negotiated adjustment shall be based
only upon eliminating independent deductive items specified in the
invitation for bids.
(d) Re-advertisement. In the event that the negotiating process set forth in
subparagraph (c), above, is unsuccessful, the Procurement Director may, in
the alternative, re-advertise for the purpose of receiving a new set of bids.
Therefore, if the lowest and best bid exceeds the budgeted amount and the
Augusta, Georgia Commission does not appropriate additional funds, the
Procurement Director may readvertise for bids after making sufficient
changes in the specifications to bring the project within budget.
Sec. 1-10-61. Multi-term contract.
(a) Maximum period. A contract for services or supplies may be entered into for
a period up to five (5) years, provided that the term of the contract and the
conditions for renewal or extension, if any, is included in the solicitation and
funds are available for the balance of the then current fiscal year. Payment
and performance obligations for succeeding fiscal periods shall be subject to
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the availability and appropriation of funds. All multi-year contracts shall
contain a clause which terminates the contract at the beginning of a fiscal
year when funds are not appropriated by the Commission for continuation of
the contract for that fiscal year.
(b) Determination prior to use. Prior to the utilization of a multi-term contract,
it shall be determined in writing:
(1) that estimated requirements cover the period of the contract and are
reasonably firm and continuing; and
(2) that such a contract will serve the best interest of Augusta, Georgia by
encouraging effective competition or otherwise promoting economies
in procurement.
(c) Cancellation due to unavailability of funds in succeeding fiscal periods. All
multi-term contracts shall include provisions providing that when funds are
not appropriated or otherwise made available to support continuation of
performance in a subsequent fiscal period, the contract shall be canceled
with appropriate notice.
(d) Renewal of contract. At least ninety (90) days prior to the expiration of any
term of a multi-term contract, the using agency shall submit to the Augusta,
Georgia Administrator, a report of the performance of the contract and the
agency's recommendation as to the renewal of the contract. The
Administrator, after consultation with the using agency and review of the
report, and upon appropriate approval, shall renew the contract if renewal is
in the best interest of Augusta, Georgia. All other requirements of this
Section must be met in order to consummate a renewal.
(e) Expiration and extension. Contracts being considered for renewal or re-bid
may be extended by the Administrator for a period of time not exceeding
ninety (90) days. Any extensions are subject to the availability of funds and
mutual agreement of the vendor/contractor and Augusta, Georgia.
Sec. 1-10-62. Right to inspect facilities.
Official representatives of Augusta, Georgia shall have the right to inspect
facilities of a vendor at any reasonable time which is related to the performance of
Attachment number 2Page 58 of 113
Page 59 of 113
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.
Attachment number 2Page 59 of 113
Page 60 of 113
(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 /RFDO6PDOO%XVLQHVV2SSRUWXQLWLHV3URJUDP ³/6%23´
Attachment number 2Page 60 of 113
Page 61 of 113
Sec. 1-10-67. Objective.
Augusta, Georgia is firmly committed to the principles of equal opportunity and in
keeping with these principles, hereby sets forth a program and establishes a
mechanism for developing, approving, and implementing procedures by which
local small business enterprises shall be identified, informed and educated
regarding opportunities for supplying goods, general services, and construction
services required by Augusta, Georgia, and providing for objectives for bidders to
incorporate the use of Local Small Businesses as commercially useful sub-
contractors, thereby promoting balanced economic and community growth
throughout Augusta, Georgia. The LSBOP is a race and gender-neutral program.
Sec. 1-10-68. Policy, intent and purpose.
(a) Policy. It is the policy of Augusta, Georgia that all necessary and reasonable
steps shall be taken to ensure that local small business enterprises have the
maximum opportunity to compete for and participate in all contracts and
subcontracts funded by or through Augusta, Georgia government. Further,
the Augusta, Georgia Commission has determined as a means to ensure full
economic participation by small local business that a mechanism for
developing, approving and implementing a LSBOP is required.
Augusta, Georgia has established the LSBOP to promote opportunities for
registered Local Small Business to participate in Augusta, Georgia¶V
contracting and procurement activities by requiring contractors to utilize
registered Local Small Businesses to perform commercially useful functions
to the maximum extent possible and as economically feasible, as partners or
subcontractors for service delivery or as suppliers of various goods required
in the performance of a contract. This LSBOP is in addition to and shall not
supplant the Local Preference Ordinance, Code § 1-10-6.
(b) Intent and Purpose. The Augusta, Georgia Local Small Business
Opportunity Program is established to encourage equal opportunity,
diversity, and equity in $XJXVWD *HRUJLD¶s contracting and procurement
activities. In a race and gender neutral manner, the Program will promote
fair and equal opportunities for all local small businesses. It is specifically
intended that the encouragement of local small businesses will allow for the
development and growth of such businesses to increase competition for
construction and procurement opportunities.
Attachment number 2Page 61 of 113
Page 62 of 113
(1) It is the intent and purpose of this program to encourage equal
opportunity in $XJXVWD*HRUJLD¶s contracting and procurement and to
eliminate discrimination and the effects of past discrimination therein.
(2) It is also the intent and purpose of this program to encourage the use
of the Local Small Business Opportunity Program, which will have
the benefit to Augusta, Georgia of assisting the local economy with
job formation while remedying the discrimination against minority
owned business enterprises in the Augusta, Georgia contracts and
procurement in a race and gender-neutral manner.
(3) It is also the intent and purpose of the LSBOP to develop evidence
relevant to whether future race and gender conscious programs are
necessary to remediate the effects of past or current discrimination, as
required by applicable laws.
Sec. 1-10-69. Definitions.
(a) Generally. Those definitions set forth in Chapter 10 of the Code of
Ordinances shall also apply to this Article, except as provided in this section.
(b) Specifically.
(1) Citizen¶s Small Business Advisory Board (CSBAB). Is a council to
advise the Commission and Procurement Director of matters
pertaining to this section, and to meet with small businesses to review
and advise as to the issues in program administration. See
Consolidation Act, Ga. Laws 1995, p. 3648, § 1-40. Members are
appointed by the Mayor, Commission and the Richmond County
Legislative Delegation to the Georgia General Assembly. A list of
WKHDSSRLQWHHVLVPDLQWDLQHGLQWKH&OHUNRI&RPPLVVLRQ¶V2IILFHDQG
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:
Attachment number 2Page 62 of 113
Page 63 of 113
(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
FRQWUDFWRU¶VVROLFLWDWLRQVIRUVXEFRQWUDFWRUVDQGVXSSOLHUV
(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.
Attachment number 2Page 63 of 113
Page 64 of 113
(iv) Establishing delivery schedules, where the requirements of the
prime contract permit, which encourage participation of local
small businesses.
(v) Using the services and the assistance of the Procurement
Department in the identification of qualified local small
business and negotiating subcontracts and supply contracts with
such enterprises.
(vi) Requiring each first tier subcontractor to take the affirmative
steps outlined in sub paragraphs 1 through 5 above with respect
to the identification and usage of second or third tier sub-
contractors.
(vii) Placing notices of opportunities for qualified local small
business to perform subcontracting work on the eligible project
in newspapers, trade journals, and other relevant publications,
including publications specifically targeted to local small
businesses, or communicating such notices of opportunities via
the Internet or by other available media or means.
(viii) Designating portions of the work for local small businesses
subcontracting in trades with available local small business
subcontractors.
(ix) Providing a minimum of five (5) days notice to local small
businesses when requesting bids or proposals for furnishing
material or services as a subcontractor or supplier.
(4) Gross Receipts. Total income or, in the case of sole proprietorship
JURVVLQFRPHSOXV³FRVWRIJRRGVVROG´DVWKHVHWHUPVDUHGHILQHGRU
reported on Internal Revenue Service (IRS) Federal tax return forms;
Form 1120 for corporations; Form 1120S for Subchapter S
corporations; Form 1065 for partnerships; and Form 1040, Schedule
F for farm or Schedule C for sole proprietorships.
(5) Joint Venture. An association of two or more businesses to carry out
a single business enterprise for profit for which purpose they combine
their property, capital, efforts, skills, and knowledge.
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Page 65 of 113
(6) Local Small Business. A corporation, sole proprietorship, partnership
or other business organization that meets the requirements for
registration as such with Augusta, Georgia in accordance with
Section 1-10-64 of this code.
(7) Monthly Utilization Report or MUR. A memorialization by a prime
contractor of all subcontracting and Local Small Business
participation utilized on a contract. Contractors/vendors are required
to submit the Monthly Utilization Reports on all subcontracting
participation to the Procurement Department.
(8) Non-Discrimination Statement. Written affirmation made by a bidder
UHODWLQJWRWKHELGGHU¶VFRQGXFWSULRUWRVXEPLVVLRQRIDELGDVZHOODV
after award of a contract that the bidder agrees to:
(i) Follow the policies of Augusta, Georgia relating to the
participation of local small businesses.
(ii) Undertake certain measures to ensure the maximum practicable
participation by local small businesses; and
(iii) Not engage in discriminatory conduct against local small
businesses inconsistent with the policy.
(9) Personal Net Worth. Net value of the assets of an individual owner,
after total liabilities are deducted must not exceed seven hundred and
fifty thousand dollars ($750,000). An individual¶V 3HUVRQDO 1HW
:RUWKGRHVQRWLQFOXGHWKHLQGLYLGXDO¶VRZQHUVKLSLQWHUHVWDQGWKH
LQGLYLGXDO¶V HTXLW\ LQ KLV RU KHU SULPDU\ SODFH RI UHVLGHQFH $Q
LQGLYLGXDO¶V3HUVRQDO1HW:RUWKLQFOXGHVKLVRUKHUVKDUHRIDVVHWV
KHOG MRLQWO\ ZLWK WKH LQGLYLGXDO¶V VSRXse. 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
Attachment number 2Page 65 of 113
Page 66 of 113
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
Attachment number 2Page 66 of 113
Page 67 of 113
quality of equipment, supplies, general services, construction, and
professional services required by Augusta, Georgia.
(3) Regularly seeking out and registering new local small businesses to
bid on Augusta, Georgia purchases and solicitations.
(4) Notifying vendors of their registration status and advising non-
registered parties of their right to appeal which shall be filed with
Augusta, Georgia Administrator within seven (7) days of receipt of
such notice.
(5) Developing annual forecasts and periodically updating same based on
a review of anticipated purchases and registered local small
businesses.
(6) Monitoring and reporting on legislative and judicial actions relevant
to local, small business interests.
(7) Reviewing specifications and bid documents with the Procurement
Department to ensure maximum opportunities for registered local
small businesses to compete on an equal basis for contracting
opportunities and to perform commercially useful functions.
(8) Convening and/or participating in information sessions with local
small businesses regarding bid requirements and contract
performance.
(9) Providing technical assistance, conducting seminars, visiting vendors,
and performing other outreach services to encourage and increase
participation in Augusta, Georgia¶V ELGGLQJ SURFHVV E\ local small
businesses.
(10) Exploring and developing other means of expanding the program, and
attracting and increasing local small business participation including
joint efforts with other governmental agencies and authorities.
(11) Refer local small businesses to third party development assistance
providers when appropriate for bonding, financial and technical
assistance.
Attachment number 2Page 67 of 113
Page 68 of 113
(12) Attend pre-bid, pre-qualification or pre-proposal conferences to
provide information on the LSBOP.
(13) Preparing and presenting an annual LSBOP report to the Augusta,
Georgia Commission.
(14) Assist prime contractors and other potential bidders in identifying and
contacting local small businesses.
(15) Develop outreach programs specifically targeted to educate local
small businesses about the LSBOP.
(16) The Procurement Director shall work with User Departments to set
contracting goals for each project over $100,000 to include those with
subcontracting and/or supplier possibilities. The Procurement
Director and User Departments shall have the authority to reduce or
eliminate such local small business goals on a project based on the
type of contract, the type of subcontracting work that will be required,
and the availability of local small businesses.
(17) At Risk Management Construction Project Prime bidders will also be
subject to the contract goals for subcontractors.
(18) Augusta, Georgia shall indicate goals for local small businesses in
Project Specific solicitations over $100,000 to provide opportunities
for local small business participation.
(19) Where a bid provides a goal for local small business participation, the
Procurement Department and User Department shall recommend a
bidder be awarded a contract only where the bidder has demonstrated
Good Faith Efforts to meet the designated goals.
(20) Notify all registered vendors of formal bid opportunities through
direct solicitation or public advertisement, including information on
the LSBOP.
(21) Work with project managers or user agencies to divide larger projects
into smaller projects or contracts when commercially appropriate, in
order to create more opportunities for local small businesses to
participate in contracts let by Augusta, Georgia.
Attachment number 2Page 68 of 113
Page 69 of 113
(22) Provide data and technical assistance to support the outreach efforts
of the LSBOP as necessary and appropriate.
(23) Develop and utilize specifications that are open and competitive.
(24) The Procurement Director, the Using Agency and the Finance
Director, may make special provision for progress payments as
deemed reasonable to assist local small businesses to carry out the
terms of a contract.
(25) When a local small business is awarded a contract with Augusta,
Georgia, the Procurement Director may furnish written confirmation
of the same, providing the terms of the contract which may be used
by the local small business in negotiating lines of credit with lending
institutions.
(c) Evaluation of the Local Small Business Opportunity Program by the
Augusta, Georgia Commission. The Local Small Business Opportunities
Assistance Program shall be evaluated on an annual basis. Each annual
report shall be compiled by the Procurement Director and shall compare the
fiscal year ending with the previous fiscal year. Evaluation of the program
may include:
(1) Number of local small business firms registered;
(2) Training and technical assistance offered to local small businesses;
(3) Dissemination of LSBOP information at pre-bid conferences; and
(4) Evaluation of the effectiveness of the local small business in relation
to the achievement of Augusta, Georgia¶VJRDOVVHWIRUWKXQGHUWKLV
policy, including the utilization of local small businesses on contracts.
Sec. 1-10-72. Registration and certification procedures.
(a) Registration Criteria; acceptance of certification by other governmental
agencies. The Augusta, Georgia¶V /RFDO 6PDOO %XVLQHVV 2SSRUWXQLWLHV
Program requires prior registration or evidence of current certification of a
Local Small Business in order to count the participation of that Local Small
Attachment number 2Page 69 of 113
Page 70 of 113
Business toward program goals. Eligibility requirements for registration
are:
(1) Certification as to small business status may be accepted from other
local governmental, state or federal agencies that apply criteria
substantially similar to that imposed by this ordinance.
(2) Applicant firm must complete an appropriate application form
obtained from the Procurement Department and must qualify as a
local small business, as the term is defined in this Article as to
principle place of business, gross annual receipts and personal net
worth thresholds.
(3) Applicant firm must have its principal place of business located
within the geographic limits of Richmond County. A location utilized
solely as a post office box, mailbox, mail drop, virtual office,
telephone message center, or any combination thereof, with no
substantial work function, shall not be deemed to be a significant
local presence sufficient to qualify as a local small business.
(4) Applicant firm must possess a valid Augusta, Georgia business
license for six (6) months prior to submitting their LSBOP
registration application;
(5) 7KHILUP¶VWKUHH (3) year average annual gross receipts, as defined
herein, must not exceed $1.5 million ($1,500,000) in annual gross
receipts;
(6) Applicant firm owner must be a citizen or lawfully admitted
permanent resident of the United States;
(7) Applicant firm must be a business, including a sole proprietorship,
partnership, corporations, limited liability company, or any other
business or professional entity:
(i) which is at least fifty-one (51) percent owned by one (1) or
more of the applicant individuals identified, and the ownership
must have been in existence for one (1) year or more, and the
Attachment number 2Page 70 of 113
Page 71 of 113
applicant individual must have maintained such fifty-one (51)
percent ownership for at least one (1) year; and
(ii) in the case of a publicly-owned business, at least fifty-one (51)
percent of all classes of stock which is owned by one (1) or
more of such persons, each of whom meets the net worth
criteria as defined herein.
(8) No individual owner of an applicant firm, or if a sole proprietorship
or partnership the individuals themselves, may have a personal net
worth that exceeds $750,000, as that term is defined in this Article.
(9) No local small business shall be registered on the basis of the race or
gender of its ownership regime.
(b) Renewal of Registration. Local small business registration is valid for a
two-year period beginning on the date Augusta, Georgia registers the business. To
re-apply, a local small business must submit a new application and evidence of
continuing eligibility.
It is the responsibility of the local small business to notify the Procurement
Department of any change in its circumstances affecting its continued eligibility
IRUWKHSURJUDP)DLOXUHWRGRVRPD\UHVXOWLQWKHILUP¶VGH-registration and
preclusion from future participation in the LSBOP;
(1) A Local Small Business that no longer meets registration criteria shall
not be re-registered by the Procurement Department;
(2) Firms that have been denied registration or re-registration may protest
the denial as follows:
(i) Within five (5) days of receipt of denial of registration or re-
registration, the firm may protest such action in writing to the
Procurement Director. Protests filed after the five (5) day
period shall not be considered and are deemed a failure on the
part of the protestor to exhaust administrative remedies.
(ii) A hearing shall be held by Augusta, Georgia Administrator (or
his or her designee) at which time the firm may present
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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
HYHQWVKDOODILUP¶VSDUWLFLSDWLRQLQWKHSURJUDPH[WHQGEH\RQGILIWHHQ
years.
Participation or registration as a local small business in the LSBOP shall not
preclude a registered firm from competing for a prime contract with
Augusta, Georgia on the same basis as other prime contractors or suppliers.
Attachment number 2Page 72 of 113
Page 73 of 113
(d) Graduation. Augusta, Georgia shall graduate a local small business from
eligibility as a local small business. The local small business will be
graduated from local small business if any one of the following occurs:
(1) The local small business¶ JURVV UHYHQXHV LQ HDFK RI WKH SUHYLRXV
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
Attachment number 2Page 73 of 113
Page 74 of 113
small businesses and other subcontractors to whom it intends to award
subcontracts, the dollar value of the subcontracts, and the scope of the
work to be performed, recorded on the form(s) provided or made
available as part of the bid package. If there are no sub-contracting
opportunities, bidder shall so indicate on the appropriate form.
(3) For all such contracts, the Procurement Department will identify the
existence of registered local small businesses which are qualified to
submit bids as prime contractors.
(4) The Procurement Department shall identify subcontracting
opportunities and shall make available trade-specific lists of
registered local small businesses to potential prime contractors.
Prime contractors are encouraged to form Joint Ventures with local
small businesses to perform major contracts, particularly in the areas
of construction and professional services.
(5) Within thirty (30) days of the adoption of this Ordinance, the
Procurement Department will include a copy of this ordinance in each
bid or proposal package or shall publish and make available an
internet link at which the LSBOP Ordinance and related forms may be
found on the official website of Augusta, Georgia.
(6) All bid documents shall require bidders or proponents to submit with
their bid the following written documents, statements or forms, which
shall be made available by the Procurement Department.
(i) Non-DiscriminaWLRQ6WDWHPHQWZKLFKVKDOODIILUPWKHELGGHU¶V
(i) adherence to the policies of Augusta, Georgia relating to
equal opportunity in contracting; (ii) agreement to undertake
certain measures as provided in this policy to ensure maximum
practicable participation of local small businesses; and
(iii) agreement not to engage in discriminatory conduct of any
type.
(ii) Proposed Local Small Business Subcontractor/Supplier
Utilization Plan.
(iii) Documentation of Good Faith Efforts to use local small
businesses.
Attachment number 2Page 74 of 113
Page 75 of 113
Failure to submit the above documentation shall result in the bid or proposal
being declared non-responsive.
(7) Before advertising and soliciting bids, the Procurement Department
and using department will assess if large contracts can be segmented
into multiple contracts. Methods to be considered include:
(i) The term of a contract may be shortened that results in a dual
effect; the reduction of quantity required, and the risk inherent
in guaranteeing prices over a longer period of time.
(ii) Work to be performed may be grouped according to
geographic location within Augusta, Georgia.
(8) When the Solicitation bid document contains a local small business
goal, each Bidder must either: meet the local small business goal or
comply with the Good Faith Effort requirement set for in section 1-
10-69(b)(3). Failure to do so constitutes grounds for rejecting the Bid.
(9) When the Solicitation bid document does not contain a local small
business goal, each bidder must negotiate in good faith with each local
small business WKDWUHVSRQGVWRWKH%LGGHU¶VVROLFLWDWLRQDQGHDFKORFDO
small business that contacts the Bidder on its own accord.
(10) Self-Performance. Self performance does not exempt Bidders from
the Local Small Business Opportunity Program requirements unless
the self performer is a qualified and registered local small business.
Bidders that do not meet the local small businesses goal and desire to
self-perform all or part of the construction contract must nevertheless
demonstrate that they complied with the Good Faith Efforts
requirements as set forth in section 1-10-69.
(b) Departmental Purchase Requirements (All Formal Bids over $100,000).
User Departments making purchases or issuing solicitations for projects over
$100,000 (including project management, contract management, and/or
construction, and/or design contracts) shall have the following duties and
responsibilities with regard to the LSBOP:
Attachment number 2Page 75 of 113
Page 76 of 113
Departments shall:
(1) Establish Project Specific Goals on all projects $100,000 and above.
(2) Submit the scope of work and cost estimate evaluations to the
Procurement Department so appropriate local small business
subcontracting goals may be determined.
(3) Assist the Procurement Department with setting Project Specific
Goals.
(4) Assist in identification of available local small businesses.
(5) Gather and maintain data for those contracts which they manage.
(6) Submit subcontracting data to the Procurement Department within
fourteen (14) days of progress payments and thirty (30) days of
contract closeout.
(7) Submit to the Procurement Department, on or before the beginning of
HDFK)LVFDO\HDUWKH'HSDUWPHQW¶VDQQXDOOLVWRISURMHFWVOLVWLQJDOO
upcoming projects, estimating the probable monetary value, and
stating the projected bid advertisement date.
(8) Indicate goals for local small businesses in solicitations for contracts
that provide opportunities for local small business participation.
(9) Work with User Departments to monitor contracts to facilitate prompt
payments to local small business and to be in compliance with Project
Specific Goals and commitments.
Attachment number 2Page 76 of 113
Page 77 of 113
(10) Track and report statistics regarding the effectiveness of the LSBOP,
as measured by a review of data indicating prime and subcontractor
spending with local small business, as required by the policies and
procedures.
(C) Methodology for Setting Local Small Business Project Specific Goals. The
Procurement Director in consultation with User Department shall establish a
local small business goal for all contracts through rules and guidelines for
the implementation of the LSBOP. Such methodology shall take into
account the reasonably known availability of subcontracting opportunities
that local small businesses can perform on each contract. Local small
business goals should be calculated based upon specific contracting,
subcontracting, and/or supplier opportunity and the availability of local
small business registered in Augusta, Georgia¶V GLUHFWRU\ 7KLV ZLOO EH
achieved by adopting the Federal Guidelines for setting Goals 49 CFR Part
26-45.
(d) Post Contract Award Requirements. The purpose of this sub-section is to
establish requirements for contractor compliance with the LSBOP after a
contract has been awarded. This is incorporated into all Augusta, Georgia
Contracts for which a local small business goal has been established or
negotiated.
(1) Contractors shall have an affirmative, ongoing obligation to meet or
exceed the committed local small business goal for the duration of the
contract. The Augusta, Georgia may deem a contractor to be in
violation of the LSBOP and in breach of its contract if at any time
Augusta, Georgia determines that: (a) The contractor will not meet the
committed local small business goals; and (b) the reasons for the
FRQWUDFWRU¶V IDLOXUH DUH LQ ZLWKLQ WKH FRQWUDFWRU¶V FRQWURO )RU
example, if a contractor does not meet the local small business goal
because the contractor terminated a local small business without cause
or if the contractor caused and local small business to withdraw from
the project without justification, then Augusta, Georgia is justified in
finding the contractor to be in violation of the LSBOP.
Attachment number 2Page 77 of 113
Page 78 of 113
(2) Exceptions. A contractor shall not be deemed in violation of this
Program for failure to meet the committed local small business goal to
the extent such failure is directly attributable to:
(i) Augusta, Georgia reducing the scope of a Contract so as to
eliminate or reduce work that was going to be performed by
local small businesses (whether through a change order,
contract amendment, force account or otherwise);
(ii) A local small businesses voluntary withdrawal from the project,
if the contract demonstrates that such withdrawal was beyond
WKHFRQWUDFWRU¶VUHDVRQDEOHFRQWUROVRORQJDVWKHFRQWUDFWRU
complied with the Good Faith Efforts to replace the local small
business with another local small business; or
(iii) Termination or reduction in the work of a local small business,
if the contractor demonstrates that such termination was
consistent with the terms of this Program, and that the
contractor complied with the Good Faith Efforts to replace the
local small business with another local small business.
(3) Contractors have an ongoing, affirmative obligation to ensure that
local small businesses performing on the contract are performing a
Commercially Useful Function. A contractor shall be in violation of
the LSBOP and in breach of its contract if it lists a local small
business to receive credit toward a committed local small business
goal with knowledge that the local small business will be acting as a
conduit or will otherwise not be performing a Commercially Useful
Function reasonably commensurate with the payment amount for
which the contractor will be seeking credit.
(4) Contractors shall not terminate, replace or reduce the work of a local
small business that the contractor has counted toward meeting the
committed local small business unless:
(i) The local small business refuses to enter into a contract
consistent with the local small business¶/HWWHURI,QWHQW
(ii) The local small business materially breaches its contract with
the contractor
Attachment number 2Page 78 of 113
Page 79 of 113
(iii) Augusta, Georgia reduces the contract scope of work so as to
eliminate or reduce the work that the local small business was
to perform; or
(iv) The local small business voluntarily withdraws from the
FRQWUDFW IRU UHDVRQV QRW ZLWKLQ WKH FRQWUDFWRU¶V UHDVRQDEOH
control.
(5) Contractor shall provide the User Department and the Procurement
Director written notice prior to replacing or terminating a local small
business on a contract. The notice shall identify the local small
business and the contract; state the reason for the termination or
replacement and state the proposed date on which such termination or
replacement will occur. Unless the circumstances necessitate
immediate termination or replacement, the contractor shall provide
such notice to the User Department and the Procurement Director at
least five (5) Business Days before the contractor terminates the local
small business. The contractor shall further provide written notice to
the local small business stating the reasons for the termination.
Unless circumstances dictate otherwise, the contractor shall provide
such notice before termination is to occur.
(6) Good Faith Efforts to replace a local small business to a contract.
When a local small business withdraws or is terminated from a
contract for any reason, the contractor shall comply with the Good
Faith Efforts requirement to replace the departing local small business
with another local small business. Likewise, when new opportunities
for subcontracting arise on a contract and Augusta, Georgia sets a
Supplemental local small business goal, the contractors shall comply
with the Good Faith Efforts set in an effort to meet the Supplemental
local small business goal.
(7) Utilization Reports and Documentation of Payment. Contractors shall
report to Augusta, Georgia the total dollars paid to each local small
business on each contract, and shall provide such payment affidavits,
regarding payment to subcontractors as may be requested by Augusta,
Georgia. Such documents shall be in the format specified by the
Procurement Department, and shall be submitted at such times as
Attachment number 2Page 79 of 113
Page 80 of 113
required by Augusta, Georgia. Failure to provide such reports within
the time period specified by Augusta, Georgia shall entitle Augusta,
Georgia to exercise any of the remedies set forth, including but not
limited to, withholding payment from the contractor and/or collecting
liquidated damages.
(e) Departmental purchase requirements (small purchases, quotations, or
informal bids). Subject to the dollar limits set forth under Augusta, Georgia
ordinance, departments are authorized to make small purchases using
Agency Purchase Orders. Departments shall be directed by Augusta,
Georgia Administrator to utilize local small businesses on small purchases
whenever possible and appropriate.
(1) The Procurement Department shall make available to every Augusta,
Georgia department a directory of registered local small businesses
and encourage their use of by departments.
(2) The Procurement Department shall provide annual training to all
Augusta, Georgia Departments on the Local Small Business
Opportunities Program.
(3) The Procurement Director shall ensure that all Augusta, Georgia
specifications for goods and services do not contain any unnecessary
impediment to local small business participation in the bid process.
(4) For small purchases, quotations or informal bids, the Using
Department will solicit bids from registered local small businesses to
supply the required materials, equipment, supplies or services using
the local small business Registry created and maintained by the
Procurement Department.
(5) The Procurement Department will attempt to identify qualified local
small businesses and will include such local small business in
bid/quote solicitation lists.
(f) Procurement Department Buyer¶s Responsibilities.
(1) For all purchases on which written bids are sought, registered local
small businesses which are ready, willing and able to perform the
Attachment number 2Page 80 of 113
Page 81 of 113
required services or provide the required commodity will be solicited
for a written quotation or bid.
(2) Purchases from local small businesses shall be tracked by the buyer.
(g) Maintenance of Records.
(1) The Procurement Department, with the assistance of the Department
of Information Technology, shall compile data on local small business
participation. Information on prime contract awards and
subcontractor utilization will be maintained by the Procurement
Department which will gather information from all user Departments
on a quarterly basis.
(2) Local small business utilization statistics shall be maintained in the
following manner:
(i) Contracts and purchases shall be grouped into four categories:
construction, professional services, general services and
materials/equipment/supplies.
(ii) Statistics shall measure overall awards to local small
businesses by category of purchase (i.e. construction,
professional services, general services, and
materials/equipment/supplies).
(3) The following statistics shall be reported not less than annually to the
Augusta, Georgia Commission by the Procurement Director.
(i) Regarding purchases of professional services, general services
and material/equipment/supplies made through the competitive
bid and quotation process:
Total value of purchases
Total value of purchases from local small businesses
(ii) Regarding small purchases by operating department using
Agency Purchase Orders:
Attachment number 2Page 81 of 113
Page 82 of 113
Total value of small purchases by Augusta, Georgia
Department
Total value of small purchases from local small businesses by
Department
(iii) Regarding construction purchases:
Total value of construction contract awards
Total value of construction contracts awarded to local small
businesses as prime contractors.
Total value of subcontracts awarded to local small businesses
(h) Compliance.
(1) It will be the duty of the Procurement Director to ensure that bids or
proposals issued from the Procurement Department adhere to the
provisions set forth in this Policy.
(2) The Procurement Director, and all department directors will assume
responsibility for evaluating compliance with this program in their
respective contract areas and will review, on a continuing basis, all
DVSHFWVRIWKHSURJUDP¶VRSHUDWLRQVWRDVVXUHWhat 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.
Attachment number 2Page 82 of 113
Page 83 of 113
(5) Each Augusta, Georgia contract will contain a provision prohibiting
any agreements between a contractor and a local small business in
which the local small business promises not to provide subcontracting
quotations to other bidders or potential bidders.
(i) Competitive Bids.
Nothing in this Policy is to be construed to require Augusta, Georgia to award a
bid contract to other than the lowest responsible bidder, or to require contractors to
award to subcontractors, or to make significant material purchases from local small
businesses who do not submit the best overall pricing to Augusta, Georgia.
(j) Outreach.
To maximize the identification, registration and utilization of local small
businesses, the following efforts will be undertaken by the Procurement
Department:
(1) Increase efforts to locate and register additional vendors, service
providers, and construction contractors that can provide goods and
services for Augusta, Georgia through media, vendor fairs, and
electronic message boards.
(2) As GDOT, FTA, DOD and FAA certified construction contractors are
located invite local firms to register with Augusta, Georgia in
accordance with the requirements of this Article in order to create an
enhanced resource to using departments, buyers and prime
contractors to locate registered local small businesses for projects that
can utilize local small businesses for a commercially useful function.
(3) Supply information to the Board of Commissioners regarding the
LSBOP and offer opportunities for ways in which the Board of
Commission can be an advocate of the LSBOP.
Sec. 1-10-74. Exceptions ± federally funded projects.
In accordance with § 1-10-8 and Article 14, the LSBOP shall only be utilized with
federally funded projects, solicitations or contracts as authorized by federal (and
Attachment number 2Page 83 of 113
Page 84 of 113
Georgia) laws, regulations and conditions applicable to such projects. To the
extent that there are any conflicts between any such laws, regulations or conditions
and the LSBOP, the federal (and Georgia) laws, regulations and conditions shall
control.
Sec. 1-10-75. Citizens Small Business Advisory Board.
A Citizens¶ Small Business Advisory Board (CSBAB) shall be constituted to
advise the Commission and Procurement Director on matters related to this
ordinance, and to meet with local small businesses, to review and provide input as
to the issues in program administration. See Augusta, Georgia Charter § 1-40.
Members are appointed by the Mayor, Commission and the Richmond County
Legislative Delegation. A list of the appointees is maintained in the Clerk of
&RPPLVVLRQ¶V2IILFHDQGLVLQFRUSRUDWHGKHUHLQE\UHIHUHQFH
ARTICLE 8
SUSPENSION OR DEBARMENT OF BIDDER OR PROPOSER
Sec. 1-10-76. Authority to suspend or debar from qualified bidder/proposer
list for consideration of contract award.
Authority to debar or suspend. The Procurement Director, after consulting with
the General Counsel, is authorized to debar a person for cause from participation in
any Augusta, Georgia procurements at any tier and consideration for award of
contracts. The debarment shall be for a period of not more than five (5) years. The
period of time during which the debarment will be imposed is to be determined by
the Procurement Director based upon the severity of the causes for debarment.
After consultation with the using agency and General Counsel, the Procurement
Director is authorized to suspend a person from participation in any Augusta,
Georgia procurement at any tier and consideration for award of contracts if there is
probable cause for debarment. The suspension shall not be for a period exceeding
the greater of: (1) three months; (2) the period during which administrative review
of the suspension is pending; or (3) the period during which judicial review of an
administrative decision that was adverse to the suspended firm is pending.
Sec. 1-10-77. Causes for debarment or suspension.
Attachment number 2Page 84 of 113
Page 85 of 113
The causes for debarment or suspension include:
(a) Conviction for commission of a criminal offense as an incident to obtaining
or attempting to obtain a public or private contract or subcontract or in the
performance of such contract or subcontract.
(b) Conviction under state and federal statutes of embezzlement, theft, forgery,
bribery, falsification or destruction of records, receiving stolen property or
any other offense indicating a lack of business integrity or business honesty
which currently, seriously and directly affects responsibility as an Augusta,
Georgia contractor.
(c) Conviction under state or federal antitrust statutes arising out of the
solicitation and submission of bids or proposals.
(d) Violation of contract provisions, as set forth below, of a character which is
regarded by the Procurement Director to be so serious as to justify
debarment action:
(1) Deliberate failure to perform in accordance with the provisions or
within the time limit provided in any Augusta, Georgia contract.
(2) A recent record of failure to perform or of unsatisfactory performance
in accordance with the terms of one or more contracts, provided that
failure to perform or unsatisfactory performance caused by acts
beyond the control of the contractor shall not be considered to be a
basis for debarment. In the event that the contractor asserts in a
suspension or debarment proceeding that such recent failure to
perform or unsatisfactory performance in accordance with the terms
of one or more contracts was caused by acts beyond the control of the
contractor, the contractor must introduce documentation from the
applicable contract/project in which it provided notice of such acts
beyond its control and/or invoked its rights to equitable adjustment or
other similar remedies under the applicable contract as a result of
force majeure or other similar events; provided, however, that
Augusta, Georgia's determination on such issue will be independent
from the contract/project at issue. It is insufficient in a debarment
proceeding for the contractor to raise this issue for the first time
concerning a prior contract under which it failed to perform or
performed unsatisfactorily.
(e) For violation of any ethical standards set forth in Article 3, Ethics in Public
Contracting.
Attachment number 2Page 85 of 113
Page 86 of 113
(f) Submission to Augusta, Georgia of a claim for additional compensation that
is without merit, including, but not limited to claims seeking to recoup:
(1) Costs incurred by the contractor but not included in its bid or proposal
due to its own error;
(2) Costs that it has already been paid or will be paid under the contract;
(3) Costs asserted simply for the purpose of forcing Augusta, Georgia to
consider a settlement at a reduced amount;
(4) Costs that the contractor has not certified pursuant to the contract
documents; and
(5) Costs that the contractor would not be entitled to recover under the
contract documents, including, but not limited to attorneys fees and
interest on unpaid sums.
(g) Material misrepresentation of the composition of the ownership or work
force of a business entity registered with Augusta, Georgia as a local small
business.
(h) Any other cause the Procurement Director, in consultation with the using
agency and General Counsel, determines to be so serious and compelling as
to affect responsibility, including, but not limited to, debarment by another
governmental entity.
Sec. 1-10-78 . Notice.
The Procurement Director shall issue a written notice of the decision to debar or
suspend. The notice shall state the reasons for the action taken and the effective
date of the debarment or suspension and shall inform the debarred or suspended
person involved of the right to administrative review as provided in this division.
Sec. 1-10-79. Finality of decision.
A decision under this section is final and conclusive, unless fraudulent or any
person adversely affected by the decision appeals administratively to the
Administrative Services Committee in accordance with the appeals and remedies
of Article 9 of this Chapter.
Sec. 1-10-%RDUGRI&RPPLVVLRQHU¶VLQLWLDWHGGHEDUPHQW.
Attachment number 2Page 86 of 113
Page 87 of 113
The Board of Commissioners, by enactment of an appropriate resolution, may
request that the Procurement Director initiate an investigation into whether a
particular person should be debarred and/or suspended and, after consulting with
the General Counsel, the Procurement Director is authorized to debar or suspend
such person for cause from participation in any Augusta, Georgia procurements at
any tier and consideration for award of contracts.
ARTICLE 9
APPEALS, PROTESTS AND REMEDIES
Sec. 1-10-81. Procurement protests.
Authority to Resolve Protested Solicitations and Awards.
(a) Right to Protest. Any actual or prospective bidder, offeror, or contractor who
is aggrieved in connection with the solicitation or award of a contract may
protest to the Procurement Director.
(b) Authority to Resolve Protests. The Procurement Director and the
Administrator shall have the authority, prior to a final decision by the
Commission, to settle and resolve the protest of an aggrieved bidder, offeror,
or contractor, actual or prospective, concerning the solicitation or award of a
contract.
(c) Decision of Procurement Director. If the protest is not resolved by mutual
agreement, the Procurement Director shall issue a decision in writing
regarding the protest as specified in Section 1-10-83. The decision shall:
(1) state the reasons for the action taken; and
(2) inform the protester of its right to administrative review as provided in
this Article.
(d) Notice of Decision. A copy of the decision shall be mailed or otherwise
furnished to the protestor and any other interested party.
Attachment number 2Page 87 of 113
Page 88 of 113
(e) Finality of Decision. A decision under Subsection (d) of this Section shall
be final and conclusive, unless any person adversely affected by the decision
files a timely appeal in accordance with Section 1-10-84.
(f) Stay of Procurements During Protests or Appeals. In the event of a timely
protest under section 1-10-82 of this Article the Procurement Director shall
not proceed further with the solicitation or with the award of the contract
unless the Procurement Director, after consultation with the head of the
using agency and General Counsel, makes a written determination that the
award of the contract without delay is necessary to protect substantial
interests of Augusta, Georgia. Such a determination shall be provided to the
protestor.
1-10-82. Filing of protest.
(a) Protests shall be made in writing to the Procurement Director and shall be
filed in within five (5) business days after the protestor knows or should
have known of the facts giving rise thereto. A protest is considered filed
when received by the Procurement Department. Protests filed after the
five (5) day period shall not be considered and are deemed a failure on
the part of the protestor to exhaust administrative remedies.
(b) Subject of Protest. Protestors may file a protest on any phase of solicitation
or award including but not limited to specifications preparation, bid
solicitation, award, or disclosure of information marked confidential in the
bid or offer.
(c) To expedite handling of protests, the written protest shall include as a
minimum the following:
(1) the name and address of the protestor;
(2) appropriate identification of the procurement, and, if a contract has
been awarded, its number;
(3) a statement of reasons for the protest; and
(4) supporting exhibits, evidence, or documents to substantiate any claims
unless not available within the filing time in which case the expected
availability date shall be indicated.
Attachment number 2Page 88 of 113
Page 89 of 113
(d) Requested Information; Time for Filing. Any additional information
requested by any of the parties should be submitted within the time periods
established Procurement Director in order to expedite consideration of the
protest. Failure of any party to comply expeditiously with a request for
information by the Procurement Director may result in resolution of the
protest without consideration of any information which is untimely filed
pursuant to such request.
(e) Making Information on Protests Available. The Procurement Director shall
upon written request make available to any interested party information
submitted that bears on the substance of the protest except where
information is proprietary, confidential, or otherwise prohibited from
disclosure or required to be withheld by law or regulation. Persons who wish
to keep such information submitted by them confidential should so request
by specifically identifying such information within documents submitted,
and indicating on the front page of each document that it contains such
information.
Sec. 1-10-83. Decision by the Procurement Director
Time for Decisions. A written decision on a protest shall be made by the
Procurement Director within ten (10) business days after receiving all relevant,
requested information. If a protest is sustained, the Procurement Director may
determine that the solicitation or award violates the law; or may make a
determination that the solicitation should be cancelled in order to comply with the
applicable law.
Sec. 1-10-84. Appeals.
Appeal of a decision of the Procurement Director may be requested by the
protestor or any department involved in the protest. The appeal shall contain a
detailed statement of the factual and legal grounds upon which reversal or
modification is deemed warranted.
Sec. 1-10-85. Time for filing appeal.
Appeals of a decision of the Procurement Director shall be filed in the Procurement
Department not later than five (5) business days after receipt of such decision.
Sec. 1-10-86. Request for hearing and effect of untimely appeal.
Attachment number 2Page 89 of 113
Page 90 of 113
A contractor or prospective contractor that has been notified of a denial of its
protest action may request in writing an appeal to the Augusta, Georgia
Commission. All appeals must be received by the Procurement Department within
five (5) business days. Appeals filed after the five (5) day period shall not be
considered and are deemed a failure on the part of the protestor to exhaust
administrative remedies. Where no appeal (or an untimely appeal) is filed, the
3URFXUHPHQW'LUHFWRU¶VGHFLVLRQLVFRQVLGHUHGILQDOand the award shall proceed.
Sec. 1-10-87. Notice of hearing.
If a timely appeal is filed by the protestor, the Procurement Director shall place the
protest on the agenda of the Administrative Services Committee. The Clerk of
&RPPLVVLRQ¶V2IILFHVKDOOSURYLGHSXEOLFQRWLFHRIWKH$GPLQLVWUDWLYH6HUYLFHV
Committee Agenda as required by law. In addition, the Procurement Department
may, but is not required, to send to the protestor written notice of the time and
place of the hearing. Copies of such notice shall be sent to the Augusta, Georgia
General Counsel and the Department Director of the appropriate user department.
Sec. 1-10-88. Administrative Services Committee hearing procedure and effect
of failure to appear at hearing.
(a) Protests appearing on the Administrative Services Committee shall be
treated as any other Committee agenda item, except that the Protestor, or his
or her representative, shall have the right to address the Committee and to
present evidence in support of the protest for a minimum of ten (10)
minutes. The Procurement Director and user department shall also have the
opportunity to present evidence relating to the protest for a minimum of ten
(10) minutes. The Chairman of the Administrative Services Committee may
grant additional time equally to each party at his or her discretion.
(b) After considering the evidence presented, the Administrative Services
Committee shall vote to grant or deny the protest or to send the item to the
full Augusta, Georgia Commission without recommendation. Regardless of
the decision made by the Committee, the protest shall be forwarded to the
full Commission agenda. However, the Commission may, at its discretion,
dispose of the agenda item via the Consent Agenda and the Protestor does
not have the right to force the item to be moved from the Consent Agenda to
the Regular Agenda.
Attachment number 2Page 90 of 113
Page 91 of 113
(c) Effect of Failure to Appear at Hearing. Failure on the part of the Protestor
to appear before either the Administrative Services Committee or the full
Augusta, Georgia Commission is considered an abandonment of their
right to appeal and a failure on the part of the protestor to exhaust
administrative remedies. TKH 3URFXUHPHQW 'LUHFWRU¶V GHFLVLRQ LV
considered final and the award shall proceed accordingly. However, the
Chairman of the Administrative Services Committee or the Mayor may, at
his or her discretion, grant the Protestor one continuance to the next
regularly scheduled Committee or Commission Meeting. Such continuance
may only be granted during the Committee or Commission meeting and
shall be recorded on the minutes of such meeting.
Sec. 1-10-89. Authority of Administrator to participate in procurement
matters.
The Augusta, Georgia Administrator has the authority to:
(a) communicate with the protestor and other interested parties to try to settle
any dispute, or narrow the issues for matters to be presented to the
Committee or Commission;
(b) consult with the Procurement Director, the User Department and the General
Counsel regarding the need for a stay pursuant to Section 1-10-81(f);
(c) participate in all aspects of the procurement process as necessary to support
the best interests of Augusta, Georgia.
Sec. 1-10- 90. Hearing procedures.
(a) Hearings shall be as informal as may be reasonable and appropriate under
the circumstances and in accordance with the applicable rules of the
Administrative Services Committee and Commission. The Procurement
Director shall provide the Administrative Services Committee and
Commission with copies of the protest and the response of the Procurement
Department.
(b) Witnesses providing testimony at before the Administrative Services
Committee or Commission shall testify under oath or affirmation.
Sec. 1-10-91. Determination of Commission; final decision.
Attachment number 2Page 91 of 113
Page 92 of 113
7KH&RPPLVVLRQ¶VGHFLVLRQUHJDUGLQJD3URWHVWLVWKHILQDOVWHSLQWKH$SSHDOV
process for Augusta, Georgia. The parties shall have thirty (30) days to file a
judicial appeal of any such decision. Such appeal shall be by writ of certiorari to
the Superior Court of Richmond County.
Sec. 1-10-92. Contract claims.
Decision of Augusta, Georgia Administrator. All claims by a contractor or vendor
against Augusta, Georgia relating to a contract shall be submitted in writing to the
Augusta, Georgia Administrator through the officially designated Augusta,
Georgia Project Manager. The contractor or vendor may request a conference on
the claims. Claims include, without limitation, disputes arising under a contract,
and those based upon breach of contract, mistake, misrepresentation, or other cause
for contract modification or rescission.
Sec. 1-10-93. Augusta, Georgia's right to amend bid solicitations or awards
that are in violation of law.
Applicability. This section applies where it is determined by administrative review
that a solicitation or award of a contract is in violation of applicable law. For
purposes of this section administrative review shall refer to a review by the
Procurement Director and/or Augusta, Georgia Administrator in consultation with
the General Counsel.
(a) Prior to bid opening or closing date for receipt of proposals. If prior to the
bid opening or the closing date for receipt of proposals, the Procurement
Director, after consultation with the Augusta, Georgia Administrator, and
the Augusta, Georgia General Counsel, determines that a solicitation is in
violation of federal, state, or local law or ordinance, then the solicitation
shall be canceled or revised to comply with applicable laws.
(b) Prior to award. If after bid opening or the closing date for receipt of
proposals, the Procurement Director, after consultation with the
Administrator or his designee, and the General Counsel determine that a
solicitation or proposed award is in violation of federal, state or municipal
law, then the solicitation or proposed award shall be canceled.
(c) After award. If, after an award, the Procurement Director, after consultation
with the Administrator and the General Counsel, determines that a
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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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Page 97 of 113
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered with
and is participating in a federal work authorization program [any of the
electronic verification of work authorized programs operated by the United
States Department of Homeland Security or any equivalent federal work
authorization program operated by the United States Department of
Homeland Security to verify information of newly hired employees,
pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L.
99-603], in accordance with the applicability provisions and deadlines
established in O.C.G.A. §13-10-91 and shall continue to use the federal
authorization program throughout the contract term.
ARTICLE 11
COOPERATIVE PROCUREMENT
Sec. 1-10-96. Cooperative procurement agreement.
Cooperative procurement may be agreed to between Augusta, Georgia and other
public procurement units. Written agreements are encouraged so as to clearly
document the requirements and any special conditions of purchase should a public
solicitation be utilized.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-97. Sale, acquisition, or use of supplies.
Augusta, Georgia may sell surplus supplies at the direction of the Administrator.
Augusta, Georgia may sell to, acquire from, or use any supplies belonging to
another public procurement unit independent of the requirements of Article 6
(Procurement Source Selection Methods and Contract Awards).
Sec. 1-10-98. Cooperative use of supplies or services.
Augusta, Georgia may enter into an agreement with any public procurement unit
for the cooperative use of supplies or services under the terms agreed upon
between the parties.
Sec. 1-10-99. Joint use of facilities.
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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;
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(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
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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
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Security to verify information of newly hired employees, pursuant to
the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-
603, in accordance with the applicability provisions and deadlines
established in O.C.G.A. § 13-10-91 and shall continue to use the
federal authorization program throughout the contract term. All
contractors shall further agree that, should it employ or contract with
any subcontractor(s) in connection with the physical performance of
services pursuant to its contract with Augusta, Georgia the contractor
will secure from such subcontractor(s) HDFKVXEFRQWUDFWRU¶VE-Verify
number as evidence of verification of compliance with O.C.G.A. § 13-
10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08
or a substantially similar form. All contractors shall further agree to
maintain records of such compliance and provide a copy of each such
verification to Augusta, Georgia at the time the subcontractor(s) is
retained to perform such physical services.
(Ord. No. 6939, § 16, 1-2-07).
Sec. 1-10-105. Contract modification and price adjustments.
(a) Modifications. Every modification to a contract with Augusta, Georgia
(except those entered into pursuant to § 1-10-54) shall be subject to approval
by the Commission prior to execution. A contract modification does not
require Commission action if a contingency amount has been approved and
the contract modification is within that amount and provided the Augusta,
Georgia Administrator has been contractually or otherwise specifically
designated by the Commission for such purpose.
(b) In instances where the Procurement Director, architect/engineer, or project
manager, with the approval of the using agency head, and Administrator,
determine that the contract modification or change order cannot be delayed
without substantial delay and cost to Augusta, Georgia and funds are
available and the appropriate budget transfer is made, the Administrator may
authorize the appropriate action.
(b) Price adjustments. Adjustments in price in contracts shall be computed in
one or more of the following ways:
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(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.
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(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:
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(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
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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;
Attachment number 2Page 106 of 113
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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;
Attachment number 2Page 107 of 113
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(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.
Attachment number 2Page 108 of 113
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(c) Working with all departments to set overall annual goals or as required by
federal law.
(d) Ensuring that bid notices and requests for proposals are available to DBEs in a
timely manner.
(e) Identifying contracts and procurements so that DBE goals are included in
solicitations covered by this DBE Program.
(f) Analyzing Augusta, Georgia¶s progress toward attainment and identifying ways
to improve progress.
(g) Participating in pre-bid meetings.
(h) Advising the Commission on DBE matters and achievement.
(i) Providing DBEs with information and assistance in preparing bids, obtaining
bonding and insurance.
(j) Planning and participating in DBE training seminars.
(k) Certifying DBEs according to the criteria set by DOT and FTA and acting as
liaison to the Uniform Certification Process in Georgia.
(l) Providing outreach to DBEs and community organizations to advise them of
opportunities.
(m) Maintaining the DBE bidder¶s list for DOT, FTA and other contracts covered
by this program as provided in § 1-10-121.
(n) Ensuring that all aspects of this DBE Program are complied with by
participants and using agencies.
Sec. 1-10-118. DBE financial institutions.
For projects containing federal or state mandated DBE requirements, Augusta must
thoroughly investigate the full extent of services offered by financial institutions
owned and controlled by socially and economically disadvantaged individuals in
Augusta, Georgia and must make reasonable efforts to use these institutions and
encourage prime contractors to use these institutions.
Attachment number 2Page 109 of 113
Page 110 of 113
Sec. 1-10-119. Prompt payment mechanisms.
(a) For projects containing federal or state mandated DBE requirements, Augusta
will include a contract clause requiring prime contractors to pay subcontractors
for satisfactory performance for their contracts no later than thirty (30) days
from receipt of each payment made by Augusta to the prime contractor.
(b) Augusta will ensure prompt and full payment of retainage from the prime
contractor to the subcontractor within WKLUW\ GD\VDIWHUWKHVXEFRQWUDFWRU¶V
work is satisfactorily completed by using one or more of the following
methods:
(1) Declining to hold retainage from prime contractors and prohibiting prime
contractors from holding retainage from subcontractors.
(2) Declining to hold retainage from prime contractors and requiring a
contract clause obligating prime contractors to make prompt and full
payment of any retainage kept by prime contractor to the subcontractor
within thirty (30) days after the subcontractor's work is satisfactorily
completed.
(3) Holding retainage from prime contractors and providing for prompt and
regular incremental acceptances of portions of the prime contract, pay
retainage to prime contractors based on these acceptances, and require a
contract clause obligating the prime contractor to pay all retainage owed
to the subcontractor for satisfactory completion of the accepted work
ZLWKLQWKLUW\ GD\VDIWHU$XJXVWD¶VSD\PHQWWRWKHSULPHFRQWUDFWRU
(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.
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Page 111 of 113
(c) Augusta, Georgia shall have the power and authority to enforce all of the
provisions of this subsection and may implement suspension and debarment for
non-compliance as provided in Article 8.
Sec. 1-10-120. Wage requirements for federally funded projects.
Wage requirements. When a project has federal funds, the prevailing wages paid
shall correspond as nearly as practicable to those prescribed in the Federal Davis
Bacon Act when required. The wage scale shall be posted by the contractor in a
prominent and easily accessible place at the site of work in accordance with
Federal Government requirements.
Sec. 1-10-121. DBE ELGGHU¶VOLVWIRU'27DQG)7$DVVLVWHGFRQWUDFWV.
(a) The DBE Liaison Officer will maintain a bidders list, consisting of information
about all DBE and non-DBE firms that bid or quote on DOT or FTA assisted
contracts. The purpose of this requirement is to allow use of the ELGGHU¶V list
approach to calculating overall goals. The bidder list will include the name,
address, DBE/non-DBE status, age, and annual gross receipts of firms and the
types of work each firm has been certified to perform as a DBE. The DBE
Liaison Officer shall revise the bidder¶s list at least annually and make updated
information available to contractors and the public.
(b) The DBE Liaison Officer may collect this information in the following ways:
(1) Including a contract clause in all DOT and FTA assisted contracts requiring
prime bidders to report the name, address, DBE/non-DBE status and gross
receipts of all firms who quote to them on subcontracts.
(2) Submitting surveys of a statistically sound sample of firms in the Augusta,
Georgia regional area.
(3) Including a notice in solicitations and on the Augusta, Georgia website
requesting that firms quoting on subcontracts submit their name, address,
DBE/non-DBE status and gross receipts directly to the DBE Liaison Officer.
Sec. 1-10-122. Overconcentration of DBE firms in certain types of work.
(a) The DBE Liaison Officer shall annually review the availability of DBE and
non-DBE firms in the different types of work which Augusta utilizes and make
Attachment number 2Page 111 of 113
Page 112 of 113
a preliminary determination as to whether DBE firms may be so
overconcentrated in a certain type of work as to unduly burden the opportunity
of non±DBE firms to participate in one or more types of work. Any
preliminary determination by the DBE Liaison Officer shall be submitted to the
concerned DOT or FTA operating administration for a final determination of
overconcentration.
(b) Subject to approval required in subsection (c) below, when an
overconcentration of DBE firms in a certain type of work is determined to exist,
the DBE Liaison Officer may provide: technical assistance, business
development programs, mentor-protégé programs, and other appropriate
measures designed to assist DBEs in performing work outside of the specific
field in which there is an overconcentration of DBE firms.
(c) Before implementing any of the measures provided in subsection (b) above, the
DBE Liaison Officer shall obtain the approval of the concerned DOT or FTA
operating administration.
Sec. 1-10-123. Compliance with DBE Program requirements.
(a) All prime contractors and subcontractors choosing to participate in a project
subject to this DBE Program must comply with all parts of this program as well
as all federal, state and local law applicable to such projects.
(b) The DBE Liaison Officer shall, for every project subject to this DBE Program,
keep and maintain a running tally of actual DBE attainments (e.g., payments
actually made to DBE firms), including a means of comparing these attainments
to commitments. In reports of DBE participation to the Department, the DBE
Liaison Officer shall display both commitments and attainments.
(c) Augusta, Georgia shall not exclude any person from participation in, deny any
person the benefits of, or otherwise discriminate against anyone in connection
with the award and performance of any solicitation, bid or contract on the basis
of race, color, sex, or national origin.
(d) The DBE Liaison Officer is responsible for submitting DOT form 4630 to the
FTA and FHWA on a quarterly basis and to the FAA as required by 49 C.F.R.
Part 26 or 49 C.F.R. Part 23.
Attachment number 2Page 112 of 113
Page 113 of 113
Sec. 1-10-124. DBE Program overall goals.
(a) The DBE Liaison Officer shall establish an annual overall goal for this program
in accordance with 49 C.F.R. Part 26 and shall annually submit such goal to
FHWA, FTA or FAA as appropriate. Neither quotas nor set-asides for DBEs
are permitted in this program. Augusta, Georgia may only use the means
authorized by 49 C.F.R. Part 26.51 to meet overall goals.
(b) For ACDBE projects the DBE Liaison Officer shall establish goals in
compliance with 49 C.F.R. Part 23.21, et. seq.
Sec. 1-10-125. Severability.
Should any section, paragraph, subdivision, clause, phrase, or provision of this
chapter be adjudged invalid or held unconstitutional by a court of competent
jurisdiction, such declaration shall not affect the validity of this chapter as a whole
or any part or provisions thereof, other than the part so decided to be invalid or
unconstitutional.
Sec. 1-10-125 through Sec. 1-10-999. Reserved.
Attachment number 2Page 113 of 113
Commission Meeting Agenda
2/1/2011 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. (Deferred from the January 18th Commission meeting
until after the January 21st Work Session)
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:
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
2/1/2011 5:00 PM
Pension Fund Ordinances
Department:Clerk of Commission
Caption:Motion to approve Ordinances of restatement of the 1945 Richmond
Employees Pension Fund and the City of Augusta 1949 General Retirement
Fund and waive the second readings.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are Available in
the Following
Accounts:
REVIEWED AND APPROVED BY:
Clerk of Commission
Cover Memo
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Commission Meeting Agenda
2/1/2011 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