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Home My WebLink About2011-02-15-Meeting Agenda Commission Meeting Agenda Commission Chamber 2/15/2011 5:00 PM INVOCATION: Reverend Stephen J. Delaine, Pastor, Trinity CME Church. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. PRESENTATION(S) A. Presentation of the 2010 Report, Focus Forward. (Requested by Deputy Administrator Ms. Tameka Allen) Attachments RECOGNITION(S) Employee of the Month B. Mr Carlton Wade,Working Foreman, Augusta Utilities. Attachments Information Technology Department (NLC) C. Presentation of Digital Cities Award to the Augusta Information Technology Department. Attachments Five (5) minute time limit per delegation DELEGATIONS D. Mr. Joseph R. Neal, Jr. , President Summerville Neighborhood Association. RE: Opposition to the Woodlawn Church's rezoning petition. Attachments E. Reverend Melvin Ivey. RE: Changes in local government. Attachments F. Mr. Scott Hudson. RE: Update on the state of the Old Richmond Academy Building. Attachments CONSENT AGENDA (Items 1-23) PLANNING 1. Z-11-08 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Ebonnia T. Paz, on behalf of Billy Walden, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .54 acres and known as 2714 Coleman Avenue. (Tax Map 098-4-157-00-0) DISTRICT 2 Attachments 2. Z-11-09 – A petition by Nancy F. Moore requesting a change of zoning from Zone B- 1 (Neighborhood Business) to Zone A (Agriculture) affecting property containing approximately 1.3 acres and is known as part of 4781 Deans Bridge Road. (Part of Tax Map 205-0-001-09-0) DISTRICT 8 Attachments 3. ZA-R-201 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Richmond County by amending Section 28-B-8-(K) regarding signs involving internal lights or other electrical devices or circuits and the standards for certification. Attachments PUBLIC SERVICES 4. Motion to approve Ace Rental Car Concession Agreement for a three year term to to be effective March 1, 2011. Additionally, approve this agreement as a template for entering into contracts with the other rental car agencies. (Approved by Public Services Committee February 7, 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 Augusta Commission February 1, 2011 - second reading) Attachments 6. Motion to approve the selection of and contract with Cash Ready ATM as approved by the Augusta Aviation Commission at their October 28, 2011 meeting. (Approved by Public Services Committee February 7, 2011) Attachments 7. Motion to approve a request by Charles G. Levy for a Dance license to be used in connection with Sector 7G located at 631 Ellis St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee February 7, 2011) Attachments ADMINISTRATIVE SERVICES 8. Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the South Richmond Neighborhood: 2328 Travis Pines Drive, (District 6, Super District 10); South Richmond Neighborhood: 4558 Old Waynesboro Road, (District 8, Super District 10); Meadowbrook Neighborhood; 1832 South Barton Drive, (District 6, Super District 10); Turpin Hill Neighborhood: 1581 Holley Street, 1583 Holley Street, 1666 Douglas Street, (District 2, Super District 9); Laney-Walker Neighborhood: 1026 D’Antignac Street, (District 1, Super District 9); Harrisburg Neighborhood: 1821 Hicks Street, (District 1, Super District 9); Old Towne Neighborhood: 22 Ellis Street, (District 1, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee February 7, 2011) Attachments FINANCE 9. Motion to approve Cherry, Bekaert and Holland (CB&H) as audit firm for 2010 Financial Audits. (Approved by Finance Committee February 7, 2011) Attachments ENGINEERING SERVICES 10. Motion to approve and award of the first three phases of the Design Consultant Services Agreement to URS Corporation on the 15th Street Pedestrian Improvements. The first three phases will include: Public Involvement in the amount not to exceed $85,517.94; Concept Development in the amount of $168,674.13; and Database Preparation in the amount of $119,317.14 ($373,509.21 total) for the Capital Project Budget. Project to be funded from SPLOST Phase VI as requested by AED. (Approved by Engineering Services Committee February 7, 2011) Attachments 11. Motion to approve Change Order to the existing construction contract in the amount of $377,564.50 to Blair Construction for additional work and to complete the Fort Gordon Eisenhower Hospital Area Gravity Sewer System. (Approved by Engineering Services Committee February 7, 2011) Attachments 12. Motion to approve change order to the existing design contract in the amount of $27,537.00 to Johnson, Laschober & Associates, P.C. (JLA) for additional design work to relocate the proposed Elevated Tank. (Approved by Engineering Services Committee February 7, 2011) Attachments 13. Motion to approve subject Change Order Number Three and proposal from Stevenson & Palmer Engineering, Inc. in the amount of $97,630 for inspection services and CAD services for Augusta Utilities Department. (Approved by Engineering Services Committee February 7, 2011) Attachments 14. Motion to approve and authorize AED to accept the proposal from Duncan-Parnell Geodetic Product Solution to supply GPS/Surveying equipment, associated services and training in the use and maintenance of such equipment in the amount of $78,405.00, subject to receipt of signed contract as requested by AED. Funding is available from Capital Project Budget 272-041110. (Approved by Engineering Services Commttee February 7, 2011) Attachments 15. Motion to approve and award Design Consultant Services Agreement to LPA Group for the Capital Project Budget in the amount of $245,878 for the initial phases of the Riverwatch Parkway at I-20 Corridor Improvements Project to be funded from SPLOST Phase VI as requested by AED. (Approved by Engineering Services Committee February 7, 2011) Attachments 16. Motion to approve Consent Agreement and Final Order from U.S.E.P.A. in the amount of $51,800.00. (Approved by Engineering Services Committee February 7, 2011) Attachments 17. Motion to approve funding in the amount of $55,885.00 for the purchase of additional wetland mitigation credits to offset wetland areas disturbed during the Fort Gordon Forcemain Sanitary Sewer Connection project. (Approved by Engineering Services Committee February 7, 2011) Attachments 18. Motion to determine that a portion of Oakdale Avenue, as shown on the attached plat and consisting of approximately 0.22 acre (9,574.00 square feet), has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), and an easement to be retained over the entire abandoned portion for existing or future utilities. (Approved by Engineering Services Committee February 7, 2011) Attachments 19. Motion to determine that a portion of Robert C. Daniel, Jr. Parkway, as shown on the attached plat and consisting of approximately 0.101 acre (144.60 square feet), has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit- claimed to the appropriate party(ies). (Approved by Engineering Services Committee February 7, 2011) Attachments 20. Motion to approve ARC to supplement the Kroc Center’s contract with B&E Electrical in the amount of $129,241 to upgrade the traffic signal at Broad Street and Eve Street as well as improve pedestrian facilities and provide signal interconnectivity Attachments to Crawford Avenue. Funding is available in the Traffic Safety Improvements project account CPB 324-041110-202824020 as requested by AED. (Approved by Engineering Services Committee February 7, 2011) PETITIONS AND COMMUNICATIONS 21. Motion to approve the minutes of the regular meeting of the Commission held February 1, 2011 and Special Called Legal Meeting held February 7, 2011. Attachments SUBCOMMITTEE Pension Committee 22. Motion to approve recommended COLA increase of 1.4% for 2011 for 1945 and 1949 pension plans effective on the March 1st payment. (Approved by the Pension Committee February 7, 2011) Attachments ATTORNEY 23. Motion to approve personnel policy and procedures manual. (Approved by the Augusta Commission February 1, 2011 - second reading) Attachments ****END CONSENT AGENDA**** AUGUSTA COMMISSION 2/15/2011 AUGUSTA COMMISSION REGULAR AGENDA 2/15/2011 (Items 24-39) PLANNING 24. Z-11-06 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Larry Wiggins, on behalf of Woodlawn United Methodist Church requesting a Special Exception to establish a parochial or private school per Section 26-1 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 2.64 acres and is known as 2220 Walton Way. (Tax Map 034-4-119-00-0) DISTRICT 3 Attachments PUBLIC SERVICES 25. Discussion: A request by Keion S. Taylor for a Dance license to be used in Attachments connection with Alter Ego'Z Sports Bar & Grill located at 1721 Gordon Hwy. There will be Dance. District 5. Super District 9. (No recommendation from Public Services Committee February 15, 2011) ADMINISTRATIVE SERVICES 26. Discuss immediate hiring freeze on all non-essential employee positions with commission approval being required for the employment of essential employees. (Requested by Commissioner Bill Lockett) Attachments 27. An Ordinance to amend the Augusta, Georgia Code, Article One, Chapter Ten, relating to the procurement of goods and services and the Local Small Business Opportunities Program so as to provide updates and to establish policies, procedures and guidelines regarding the procurement process and the Local Small Business Opportunities Program; to repeal all Ordinances and parts of Ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Administrative Services Committee February 7, 2011) Attachments 28. An Ordinance to present proposal to amend the Augusta, Georgia Charter and Laws of Local Application, Section 1-40 relating to Equal Opportunity; to separate the function of Equal Employment Opportunity from Minority and Small Business Opportunities; to provide policies and guidelines; to create a Local Small Business Advisory Board; to repeal all Charter, Code Sections and Ordinances and parts of Charter, Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Administrative Services Committee February 7, 2011) Attachments 29. Motion to approve an Ordinance to amend the Augusta, GA Code Title Two Sections 1-7-11 through 1-7-21 to amend the personnel system; to repeal all code sections and ordinances and parts of the code sections and ordinances in conflict. (No recommendation from Administrative Services Committee February 7, 2011) Attachments 30. An Ordinance to present an alternative proposal to amend Augusta, Georgia Charter and Laws of Local Application, Section 1-40 relating to Equal Employment; to separate the function of Equal Employment Opportunity from minority and small business opportunities; to provide policies and guidelines; to create a Local Small Business Advisory Board; to repeal all Charter, Code Sections and Ordinances and parts of Charter, Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Administrative Services Committee February 7, 2011) Attachments 31. Revised Personnel Policy and Procedures Manual. (No recommendation from Attachments Administrative Services Committee February 7, 2011) FINANCE 32. Approve implementation of firefighter wellness initiative for existing employees to include wellness, physicals, occupational fitness, and physical agilities testing. (Requested by Commissioner Jerry Brigham) Attachments ENGINEERING SERVICES 33. Consider a request from Ms. Barbara Coping for a waiver from garbage collection fees for the property at 1615 Cornell Drive. (No recommendation from Engineering Services Committee February 7, 2011) Attachments SUBCOMMITTEE Augusta Municipal Golf Course Subcommittee 34. Report from the subcommittee appointed/tasked with developing a plan to operate the Augusta Municipal Golf Course "Patch" at no cost to Augusta-Richmond County. Attachments APPOINTMENT(S) 35. Consider the reappointment of the following to the Board of Tax Assessors to a four-year term: Mr. Bernard Johnson, Senate District 22(Super District 9) and Mr. James Scott, Senate District 23 (Super District 10). (Requested by the Board of Tax Assessors) Attachments 36. Motion to approve revising the ARC Standing Committees as follows: Commissioner Corey Johnson, Chairman Public Services Committee; Commissioner J.R. Hatney, Vice-Chairman of Finance Committee and Matt Aitken,Vice-Chairman of Public Services Committee. (Requested by Mayor Pro Tem Joe Bowles) Attachments OTHER BUSINESS 37. Discuss/approve the release of the General Counsel's Legal Opinion dated January 28, 2011 and the process for any future releases. (Requested by Commissioner Alvin Mason February 7, 2011) Attachments 38. Motion to approve releasing the City Attorney's Legal Opinion regarding Augusta local governmental reorganization. (Requested by Mayor Deke Copenhaver February 8, 2011) Attachments Upcoming Meetings www.augustaga.gov LEGAL MEETING A. Pending and Potential Litigation. B. Real Estate. C. Personnel. 39. Motion to authorize execution by the Mayor of the affidavit of compliance with Georgia's Open Meeting Act. Commission Meeting Agenda 2/15/2011 5:00 PM Invocation Department: Caption:Reverend Stephen J. Delaine, Pastor, Trinity CME 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 2/15/2011 5:00 PM 2010 Annual Report, Focus Forward Department: Caption:Presentation of the 2010 Report, Focus Forward. (Requested by Deputy Administrator Ms. Tameka Allen) 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 2/15/2011 5:00 PM Employee of the Month Department: Caption:Mr Carlton Wade,Working Foreman, Augusta Utilities. 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 2/15/2011 5:00 PM Information Technology Department (NLC) Department: Caption:Presentation of Digital Cities Award to the Augusta Information Technology Department. 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 2/15/2011 5:00 PM Joseph Neal, Jr. Department: Caption:Mr. Joseph R. Neal, Jr. , President Summerville Neighborhood Association. RE: Opposition to the Woodlawn Church's rezoning petition. 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 2/15/2011 5:00 PM Melvin Ivey Department: Caption:Reverend Melvin Ivey. RE: Changes in local government. 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 2/15/2011 5:00 PM Scott Hudson Department: Caption:Mr. Scott Hudson. RE: Update on the state of the Old Richmond Academy Building. 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 2/15/2011 5:00 PM Z-11-06 Department:Planning Commission Caption: Z-11-06 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Larry Wiggins, on behalf of Woodlawn United Methodist Church requesting a Special Exception to establish a parochial or private school per Section 26-1 (b) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing 2.64 acres and is known as 2220 Walton Way. (Tax Map 034-4-119-00-0) DISTRICT 3 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 2/15/2011 5:00 PM Z-11-08 Department:Planning Commission Caption: Z-11-08 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition by Ebonnia T. Paz, on behalf of Billy Walden, requesting a Special Exception to establish a Family Personal Care Home per Section 26-1 (h) of the Comprehensive Zoning Ordinance for Augusta-Richmond County affecting property containing .54 acres and known as 2714 Coleman Avenue. (Tax Map 098-4-157-00-0) DISTRICT 2 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 2/15/2011 5:00 PM Z-11-09 Department:Planning Commission Caption: Z-11-09 – A petition by Nancy F. Moore requesting a change of zoning from Zone B-1 (Neighborhood Business) to Zone A (Agriculture) affecting property containing approximately 1.3 acres and is known as part of 4781 Deans Bridge Road. (Part of Tax Map 205-0-001-09-0) DISTRICT 8 Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 2/15/2011 5:00 PM ZA-R-201 Department:Planning Commission Caption: ZA-R-201 – A request for concurrence with the Augusta Richmond County Planning Commission to approve a petition to amend the Comprehensive Zoning Ordinance for Augusta Richmond County by amending Section 28- B-8-(K) regarding signs involving internal lights or other electrical devices or circuits and the standards for certification. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo ORDINANCE ______ An Ordinance to amend the Comprehensive Zoning Ordinance adopted by the Augusta-Richmond County Commission effective September 16, 1997 by amending Section 28-B THE AUGUSTA COMMISSION HEREBY ORDAINS: SECTION I. That the Comprehensive Zoning Ordinance is amended by deleting the following language in Section 28-B-8 (K) K. Code Conformance. All signs for which a building permit is required shall be constructed and maintained in conformance with City building and electrical codes. Plans for all freestanding signs 30 feet or higher, or greater than 150 square feet, shall be certified as to conformance with all structural and wind-load resistive standards of the Building Code by a structural engineer registered in the State of Georgia, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the Building Code. Freestanding signage that does not require an engineer's seal must include supporting foundation calculations. All freestanding signage requires a foundation inspection. Neon exposed or attached to a structure requires a final inspection. All signage must have a disconnect switch located at the signage. All signs involving internal lights or other electrical devices or circuits shall display a label certifying it as meeting standards of the Underwriter's Laboratories. All signs, together with their supports, braces, guys and anchors, shall be kept in good repair and, unless constructed of galvanized or non- corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition. SECTION III. That the Comprehensive Zoning Ordinance is amended by adding the following language in Section 28-B-8 (K) K. Code Conformance. All signs for which a building permit is required shall be constructed and maintained in conformance with City building and electrical codes. Plans for all freestanding signs 30 feet or higher, or greater than 150 square feet, shall be certified as to conformance with all structural and wind-load resistive standards of the Building Code by a structural engineer registered in the State of Georgia, or be prepared using standard drawings prepared by a structural engineer or other qualified professional meeting or exceeding all requirements of the Building Code. Freestanding signage that does not require an engineer's seal Attachment number 1Page 1 of 2 must include supporting foundation calculations. All freestanding signage requires a foundation inspection. Neon exposed or attached to a structure requires a final inspection. All signage must have a disconnect switch located at the signage. All signs involving internal lights or other electrical devices or circuits shall display a label certifying that all equipment or products are approved by one of the organizations currently recognized by OSHA as “Nationally Recognized Testing laboratories (NRTL)’. All signs, together with their supports, braces, guys and anchors, shall be kept in good repair and, unless constructed of galvanized or non-corroding metal, shall be given a protective coating as necessary to maintain a clean appearance and safe condition. SECTION III. All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed. Duly adopted by the Augusta-Richmond County Commission this ______ day of __________________, 2011. __________________________________________ MAYOR, AUGUSTA COMMISSION AUGUSTA, GEORGIA ATTEST: ________________________________________ LENA BONNER, CLERK First Reading: ____________________________ Second Reading: __________________________ Attachment number 1Page 2 of 2 Commission Meeting Agenda 2/15/2011 5:00 PM Ace Rental Car Concession Agreement and Template Department:Augusta Regional Airport Caption:Motion to approve Ace Rental Car Concession Agreement for a three year term to to be effective March 1, 2011. Additionally, approve this agreement as a template for entering into contracts with the other rental car agencies. (Approved by Public Services Committee February 7, 2011) Background:Ace Rental Car has expressed a strong interest in doing business on-site at the airport. They will be using the old "Budget" counter (now doing business at the Avis counter) and will initially be bringing a fleet of 20 cars with future plans to expand. Additionally, since the construction of the terminal, the airport has been operating under a temporary agreement with the current rental car agencies. Therefore, it is the recommendation of airport management, that this agreement be used as a template for all the agencies doing business on site for a three year term as well. Analysis:By approving the concession agreement, Ace Rental Car will be allowed to operate on site at the airport. Plus, this agreement will be utilized for all the agencies operating on the airport. Once there is a consistent agreement in place, it will position the airport to proceed with bidding the exclusive use spaces. During the term of the three year contract, it is the desire of airport management to competitively bid the counter, and office space (rent revenue) and the ready return spaces. This will create an additional revenue source for the airport (in addition to the 10% commission). Financial Impact:The minimum guaranteed amount to operate at the airport is $5,000/month for a total of $60,000 annual revenue. Alternatives: Recommendation:Approve the agenda item Funds are Available in the Following Accounts: No cost to the airport, this will generate revenue REVIEWED AND APPROVED BY: Finance. Cover Memo Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 30 Attachment number 1Page 2 of 30 Attachment number 1Page 3 of 30 Attachment number 1Page 4 of 30 Attachment number 1Page 5 of 30 Attachment number 1Page 6 of 30 Attachment number 1Page 7 of 30 Attachment number 1Page 8 of 30 Attachment number 1Page 9 of 30 Attachment number 1Page 10 of 30 Attachment number 1Page 11 of 30 Attachment number 1Page 12 of 30 Attachment number 1Page 13 of 30 Attachment number 1Page 14 of 30 Attachment number 1Page 15 of 30 Attachment number 1Page 16 of 30 Attachment number 1Page 17 of 30 Attachment number 1Page 18 of 30 Attachment number 1Page 19 of 30 Attachment number 1Page 20 of 30 Attachment number 1Page 21 of 30 Attachment number 1Page 22 of 30 Attachment number 1Page 23 of 30 Attachment number 1Page 24 of 30 Attachment number 1Page 25 of 30 Attachment number 1Page 26 of 30 Attachment number 1Page 27 of 30 Attachment number 1Page 28 of 30 Attachment number 1Page 29 of 30 Attachment number 1Page 30 of 30 Commission Meeting Agenda 2/15/2011 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 Augusta Commission February 1, 2011 - second reading) 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: Clerk of Commission Cover Memo Commission Meeting Agenda 2/15/2011 5:00 PM ATM Service Department:Augusta Regional Airport Caption:Motion to approve the selection of and contract with Cash Ready ATM as approved by the Augusta Aviation Commission at their October 28, 2011 meeting. (Approved by Public Services Committee February 7, 2011) Background:After receipt of the termination letter from Wachovia Bank, airport staff went out for bid on the ATM service and received proposals from 3 companies interested in providing replacement service. The 3 proposals were reviewed by a committee and Cash Ready ATM was selected as the best fit to provide ATM service at the airport. The company is a local vendor willing to provide 2 machines to the airport if the airport so desires.Airport's legal counsel provided the contract for the service. Analysis:The old ATM will be removed in the near future and the airport desires to provide passengers with the convenience of ATM service at the airport. A new agreement is being drawn up by legal counsel and will identify the terms and conditions for the service and vendor. Financial Impact:. The transaction fee to users for cash withdrawals will be $2.50. The company will pay the airport on a sliding scale depending on the number of monthly transactions. Alternatives:Deny request. Recommendation:Augusta Aviation Commission requests the Augusta Commission accept the recommended selection of Cash Ready ATM to provide ATM service to Augusta Regional Airport. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 23 Attachment number 1Page 2 of 23 Attachment number 1Page 3 of 23 Attachment number 1Page 4 of 23 Attachment number 1Page 5 of 23 Attachment number 1Page 6 of 23 Attachment number 1Page 7 of 23 Attachment number 1Page 8 of 23 Attachment number 1Page 9 of 23 Attachment number 1Page 10 of 23 Attachment number 1Page 11 of 23 Attachment number 1Page 12 of 23 Attachment number 1Page 13 of 23 Attachment number 1Page 14 of 23 Attachment number 1Page 15 of 23 Attachment number 1Page 16 of 23 Attachment number 1Page 17 of 23 Attachment number 1Page 18 of 23 Attachment number 1Page 19 of 23 Attachment number 1Page 20 of 23 Attachment number 1Page 21 of 23 Attachment number 1Page 22 of 23 Attachment number 1Page 23 of 23 Attachment number 2Page 1 of 18 Attachment number 2Page 2 of 18 Attachment number 2Page 3 of 18 Attachment number 2Page 4 of 18 Attachment number 2Page 5 of 18 Attachment number 2Page 6 of 18 Attachment number 2Page 7 of 18 Attachment number 2Page 8 of 18 Attachment number 2Page 9 of 18 Attachment number 2Page 10 of 18 Attachment number 2Page 11 of 18 Attachment number 2Page 12 of 18 Attachment number 2Page 13 of 18 Attachment number 2Page 14 of 18 Attachment number 2Page 15 of 18 Attachment number 2Page 16 of 18 Attachment number 2Page 17 of 18 Attachment number 2Page 18 of 18 REQUEST FOR PROPOSALS Request for Proposals will be received at this office until Tuesday, October 12, 2010 @ 3:00 P.M. for furnishing: RFP Item #10-178 Concessions for Automated Teller Machines for Augusta Regional Airport RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. All questions must be submitted in writing to the office of the Procurement Department by Monday, September 27, 2010 @ 5:00 P.M. by fax at 706-821-2811 or by mail. No RFP will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFP may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFP number on the outside of the envelope. Bidders are cautioned that sequestration of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Disadvantage Business Enterprise (DBE) Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program for Augusta funded projects, as a Federal Court has entered an Order enjoining the Race-Based portion of Augusta’s DBE Program. Instead Augusta operates a Local Small Business Opportunity Program. However, for various projects utilizing the expenditure of State or Federal funds, Augusta enforces DBE requirements and/or DBE goals set by the Federal and/or State Agencies in accordance with State and Federal laws. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle September 2, 9, 16, 23, 2010 Metro Courier September 8, 2010 cc: Tameka Allen Interim Deputy Administrator Gary LeTellier Augusta Regional Airport Tammy Strange Augusta Regional Airport Diane Johnston Augusta Regional Airport Attachment number 3Page 1 of 1 Ve n d o r s : AT M U S A 22 0 0 G a t e w a y Ce n t r e B l v d Mo r r i s v i l l e , N C 27 5 6 0 Sa v a n n a h R i v e r Ba n k i n g P. O . 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Pa g e 1 o f 1 Attachment number 4Page 1 of 1 EVALUATION CRITERIA: Proposals will be evaluated/ranked based on the following criteria:Pts. Cash Ready ATM 312 Greene Street Augusta, GA 30901 CSRA/Associated Credit Union 3749 Wheeler Rd. Augusta, GA 30909 AOneATM/Cash Anytime 814 Pine Street Pelion, SC 29123 1. Overall Proposer Qualification 30 27.7 26.7 25.7 2. Experience/Maintenance 30 27.3 23.0 24.3 3. Services 30 27.7 25.0 24.7 3UR[LPLW\WR$XJXVWD±3RLQWV Within Augusta Richmond County 5 points Within the CSRA 4 points Within Georgia 3 points Within SE United States (includes AL, TN, NC, SC, FL) 2 points All Others 1 point 5 5.0 5.0 2.0 5. Revenue Proposal 5 points Highest 5 points 2nd Highest 4 points 3rd Highest 3 points 4th Highest 2 points 5th Highest 1 point All Others 0 points 5 3.3 2.0 2.7 TOTAL 100 91.0 81.7 79.3 Cumulative Evaluation Sheet - RFP Item #10-178 Automated Teller Machine for the City of Augusta - Augusta Regional Airport Comments: Attachment number 5Page 1 of 1 Attachment number 6Page 1 of 4 Attachment number 6Page 2 of 4 Attachment number 6Page 3 of 4 Attachment number 6Page 4 of 4 Attachment number 7Page 1 of 1 Attachment number 8Page 1 of 2 Attachment number 8Page 2 of 2 Commission Meeting Agenda 2/15/2011 5:00 PM Dance Application Department:License & Inspections Caption:Discussion: A request by Keion S. Taylor for a Dance license to be used in connection with Alter Ego'Z Sports Bar & Grill located at 1721 Gordon Hwy. There will be Dance. District 5. Super District 9. (No recommendation from Public Services Committee February 15, 2011) Background:This location has a current Alcohol License. Analysis:The applicant meets the requirements of the Augusta Richmond County Ordinance that regulates Dance. 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 2/15/2011 5:00 PM Dance Application Department:License & Inspections Caption:Motion to approve a request by Charles G. Levy for a Dance license to be used in connection with Sector 7G located at 631 Ellis St. There will be Dance. District 1. Super District 9. (Approved by Public Services Committee February 7, 2011) Background:This is a new ownership application This location has been in existance for several years as and all ages venue. Analysis:The applicant meets the requirements of the Augusta Richmond County Ordinance that regulates Dance. 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 2/15/2011 5:00 PM Demolition of Unsafe Structures Department:License & Inspection Caption:Motion to approve an Ordinance providing for the demolition of certain unsafe and uninhabitable structures in the South Richmond Neighborhood: 2328 Travis Pines Drive, (District 6, Super District 10); South Richmond Neighborhood: 4558 Old Waynesboro Road, (District 8, Super District 10); Meadowbrook Neighborhood; 1832 South Barton Drive, (District 6, Super District 10); Turpin Hill Neighborhood: 1581 Holley Street, 1583 Holley Street, 1666 Douglas Street, (District 2, Super District 9); Laney-Walker Neighborhood: 1026 D’Antignac Street, (District 1, Super District 9); Harrisburg Neighborhood: 1821 Hicks Street, (District 1, Super District 9); Old Towne Neighborhood: 22 Ellis Street, (District 1, Super District 9); AND WAIVE 2ND READING. (Approved by Administrative Services Committee February 7, 2011) Background:The approval of this ordinance will provide for the demolition of the structures that have been determined to be dilapidated beyond repair and a public nuisance. The owners of the above referenced properties have been requested to correct the property maintenance violations, and the violations were not corrected. By approving this ordinance the City will have the structures demolished, record a lien against the properties in the amount of the costs incurred, and send the property owners a bill for payment that is due within 30 days of receipt. Analysis:Continuing the removal of dilapidated structures will signal to the public that neglected, unsafe and uninhabitable structures will not be allowed and that property owners will be held responsible for their properties. Financial Impact:The average total cost associated with the demolition of the property will be approximately $5,200.00. This includes the title search, asbestos survey, and demolition. Alternatives:Allow the unsafe structure to remain and continue to have a negative impact on the neighborhoods and City. Recommendation:Approval Funds are Available in the Following Accounts: FUNDS ARE AVAILABLE IN THE FOLLOWING ACCOUNT: Account # 101072910 / 5212999 Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo ORDINANCE NO. _____________________ ORDINANCE TO PROCEED WITH DEMOLITION AND REMOVAL OF THE STRUCTURES ON PROPERTY LOCATED AT: 2328 TRAVIS PINES DRIVE, 4558 OLD WAYNESBORO ROAD, 1832 SOUTH BARTON DRIVE, 1581 HOLLEY STREET, 1583 HOLLEY STREET, 1666 DOUGLAS STREET, 1026 D’ANTIGNAC STREET, 1821 HICKS STREET, AND 22 ELLIS STREET. TO REPEAL CONFLICTING ORDINANCES; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE AUGUSTA-RICHMOND COUNTY COMMISSION AND IT IS HEREBY ORDAINED BY THE AUTHORITY OF SAME AS FOLLOWS: Section I. That the following properties have been identified by the Director of the Augusta – Richmond County License and Inspection Department as unfit for human habitation (or unfit for its current commercial or business use) and the cost of repair, alteration or improvement of said properties exceeds one-half the value of property and that the said Director shall cause the structures located on hereinafter described property to be demolished and removed as ordered by Augusta-Richmond County Magistrate Court; and that said Director shall cause the costs of such removal and demolition for said property be attached to real property upon filing of a certified copy of the Order. The Clerk of Superior Court shall record and index said order in the deed records and enter the lien on the general execution docket; and said Director shall otherwise proceed to effectuate the purpose of O.C.G.A. SS 41-2-7 through 41-2-17 with respect to said property, to-wit: • 2328 TRAVIS PINES DRIVE, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 154 as Parcel 140. • 4558 OLD WAYNESBORO ROAD, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 276 as Parcel 3-01. • 1832 SOUTH BARTON DRIVE, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 145 as Parcel 93. • 1581 HOLLEY STREET, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 58-2 as Parcel 272. • 1583 HOLLEY STREET, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 58-2 as Parcel 271. • 1666 DOUGLAS STREET, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 58-4 as Parcel 236. • 1026 D’ANTIGNAC STREET, Augusta – Richmond County, Georgia, identified on Augusta-Richmond County Tax Map 46-4 as Parcel 196. Attachment number 1Page 1 of 2 • 1821 HICKS STREET, Augusta – Richmond County, Georgia, identified on Augusta- Richmond County Tax Map 35-2 as Parcel 346. • 22 ELLIS STREET, Augusta – Richmond County, Georgia, identified on Augusta- Richmond County Tax Map 48-3 as Parcel 14. Section II. This Ordinance shall become effective upon adoption. Section III. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Duly adopted this _________ day of ____________________, 2011. MAYOR________________________________ ATTEST:_______________________________ CLERK OF COMMISSION Attachment number 1Page 2 of 2 Commission Meeting Agenda 2/15/2011 5:00 PM Hiring Freeze Department: Caption:Discuss immediate hiring freeze on all non-essential employee positions with commission approval being required for the employment of essential employees. (Requested by Commissioner Bill Lockett) 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 2/15/2011 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. (No recommendation from Administrative Services Committee February 7, 2011) 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 Page 2 of 113 Sec. 1-10-42. Cost or price analysis. Sec. 1-10-43. Bid and performance bonds when required. Sec. 1-10-44. Bid bonds. Sec. 1-10-45. Payment and performance bonds. Sec. 1-10-46. Insurance requirements. Sec. 1-10-47. Pre-qualifications of contractors. Article 6 Procurement Source Selection Methods and Contract Awards Sec. 1-10-48. Generally. Sec. 1-10-49. Purchase order. Sec. 1-10-50. Sealed bids selection method. Sec. 1-10-51. Request for proposals. Sec. 1-10-52. Sealed proposals. Sec. 1-10-53. Competitive selection procedures for professional and consultant services. Sec. 1-10-54. Informal bids selection methods (standard and small purchases) and authority of Administrator and General Counsel. Sec. 1-10-55. Banking services. Sec. 1-10-56. Sole source procurement. Sec. 1-10-57. Emergency procurement selection method. Sec. 1-10-58. Annual contracts Sec. 1-10-59. Specific requirements/options for source selection method. Sec. 1-10-60. Rejection or cancellation of solicitations; negotiating; re- advertisement. Sec. 1-10-61. Multi-term contract. Sec. 1-10-62. Right to inspect facilities. Sec. 1-10-63. Right to audit records and contracts and collection of statistical data. Sec. 1-10-64. Rebidding or cancellation of existing contract. Sec. 1-10-65. Multiple awards. Article 7 Local Small Business Opportunity Program Sec. 1-10-66. Short title. Sec. 1-10-67. Objective. Sec. 1-10-68. Policy. Sec. 1-10-69. Definitions. Sec. 1-10-70. Application; effective date. Sec. 1-10-71. Program administration Sec. 1-10-72. Registration and certification procedures. Attachment number 2Page 2 of 113 Page 3 of 113 Sec. 1-10-73. Local small business opportunities program participation Sec. 1-10-74. Exceptions ± federally funded projects Sec. 1-10-75. &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. Attachment number 2Page 3 of 113 Page 4 of 113 Sec. 1-10-99. Joint use of facilities. Sec. 1-10-100. Use of state contracts. Sec. 1-10-101. Purchase of surplus and excess property. Sec. 1-10-102. Waiver. Article 12 Contract Administration and Management Sec. 1-10-103. Purpose. Sec. 1-10-104. Augusta, Georgia contracts and contract clauses. Sec. 1-10-105. Contract modification. Sec. 1-10-106. Bid security and performance bonds. Sec. 1-10-107. Contract performance and payment bonds. Sec. 1-10-108. Bond forms and copies. Sec. 1-10-109. Retainage. Sec. 1-10-110. Approval of accounting system. Sec. 1-10-111. Contractual provisions for worksite inspections. Sec. 1-10-112. Contractual provisions for auditing records. Article 13 DBE Program for DOT, FTA and other Federally and other Federally Assisted Contracts. Sec. 1-10-113. Purpose. Sec. 1-10-114. Limitations. Sec. 1-10-115. Policy Statement Sec. 1-10-116. DBE liaison officer. Sec. 1-10-117. DBE financial institutions. Sec. 1-10-118. Prompt payment mechanisms. Sec. 1-10-119. Wage requirements for federally funded projects. Sec. 1-10-'%(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 Page 5 of 113 Chapter 10 PROCUREMENT ARTICLE 1 GENERAL PROVISIONS AND DEFINITIONS Sec. 1-10-1. Purpose. The purpose of the Procurement Chapter of the AUGUSTA, GA. CODE is to provide detailed procedures for implementation of procurement requirements for Augusta, Georgia. Further, the purpose of this Chapter is to: (a) Simplify and consolidate procurement procedures; (b) Provide for centralized procurement; (c) Ensure fair and equitable treatment of all persons involved in the procurement process; and (d) Foster competition in the public procurement process. (e) Ensure compliance with all federal, state and local laws. This chapter shall contain all of the rules, regulations, and procedures needed to purchase goods and services and provide other procurement services for the Augusta, Georgia government. Sec. 1-10-2. Application of this chapter. (a) The requirements of this chapter apply to contracts for the procurement of supplies, commodities, services, construction, professional, and consultant service products solicited or entered into by Augusta, Georgia. It shall apply to every expenditure of public funds irrespective of the source of the funds. It shall also apply to the disposal of Augusta, Georgia supplies and personal assets. (b) Nothing in this chapter shall preclude Augusta, Georgia from 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 Attachment number 2Page 6 of 113 Page 7 of 113 Sec. 1-10-6. Preference for local suppliers, professional services and contractors. (a) Augusta, Georgia encourages the use of local suppliers of goods, services and construction products whenever possible. Augusta, Georgia also vigorously supports the advantages of an open competitive market place. Nothing in this Section shall be interpreted to mean that the Augusta, Georgia Administrator or Procurement Director are restricted in any way from seeking formal bids or proposals from outside the Augusta market area. (b) When the quotation or informal bids selection method is used by the Procurement Director or using agency head to seek firms to quote on Augusta, Georgia commodities, services and construction products, local firms should be contacted, if possible, first. Where the Procurement Director or using agency head ascertains that there may not be at least three (3) qualified informal bidders, quotes shall be sought from outside the Augusta, Georgia market. (c) In the event of a tie bid (see section 1-10-50 (h)), when all other factors are equal, the Augusta, Georgia Administrator shall select the bid from within the local market area, except that the Administrator shall retain the flexibility to make the award of contract to a bidder outside of the local market area if there is sufficient evidence to support collusive bidding in favor of a local source. (d) The local vendor preference policy shall only be applied to projects of one- hundred thousand dollars ($100,000) or less and only when the lowest local bidder is within 10% or $10,000, whichever is less of the lowest non-local bidders. The lowest local bidder will be allowed to match the bid of the lowest non-local bidder and, if matched, the lowest local bidder will be awarded the contract. (e) For the purposes of this section, "local bidder" shall mean a business which: (1) Has had a fixed office or distribution point in and having a street address within the geographic limits of Richmond County, Georgia for at least six (6) months immediately prior to the issuance of the request for bids or quotes by Augusta; and Attachment number 2Page 7 of 113 Page 8 of 113 (2) Holds any business license required by the AUGUSTA, GA. CODE; and (3) Employees at least one full-time employee, or two part-time employees whose primary residence is within the geographic limits of Richmond County, Georgia or if the business has no employees, the business shall be at least fifty percent (50%) owned by one or more persons whose primary residence is within the geographic limits of Richmond County, Georgia. (f) The Procurement Director shall develop a program to routinely search out local firms that offer products or services which Augusta, Georgia may purchase and encourage such firms to place themselves on the local bidder's list. (g) Registration as a local bidder. In order to be registered as a local bidder, a bidder must submit a completed application to the Department of Procurement, and the applicant must be approved and registered by the Department of Procurement. An eligible bidder must submit a completed and signed written application to become a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project. An eligible bidder who fails to submit an application for approval as a local bidder at least thirty (30) days prior to the date bids are received on an eligible local project, and who otherwise meets the requirements for approval as a local bidder, will not be qualified for a bid preference on such eligible local project. (h) Criteria. To be registered as a local bidder, the eligible bidder must satisfy the criteria set forth in subsection (e) above. (i) Term. The certification as a local bidder shall expire two (2) years from the date of the approval of the application. Following the expiration date, a business is no longer a local bidder. An eligible bidder must submit a new application for certification as a local bidder to the Procurement Director and establish that it continues to meet the requirements contained in subparagraph (e) of this section in order to receive a bid preference on eligible local projects. Attachment number 2Page 8 of 113 Page 9 of 113 (j) Continuing obligations of eligible bidders registered as local bidders. Eligible bidders registered as local bidders shall be under a continuing duty to immediately inform the Department of Procurement in writing of any changes in the eligible bidder's business if, as a result of such changes, the eligible bidder no longer satisfies the requirements of subparagraph (e) of this section. (k) Nothing in this section shall be interpreted to mean that the Augusta, Georgia Administrator or Commission may decline to follow the provisions of O.C.G.A. §§ 36-91-1 through 36-91-95, Public Works Contracts. O.C.G.A. § 36-91-22 requires that all Augusta, Georgia public works contracts of one-hundred thousand dollars ($100,000) or more, as defined therein, be publicly advertised before letting out the contract to the lowest bidder. Further, nothing in this section shall be interpreted to mean Augusta, Georgia Administrator or Board of Commissioners may decline to follow the provisions of the AUGUSTA, GA. CODE requiring public advertising before letting certain contracts. (l) Georgia-made Preference: Augusta, Georgia shall provide a preference for Georgia-made products on the purchase of supplies, materials, equipment and agriculture products. The Georgia-made Preference policy shall only be applied to purchases of such items costing over one-hundred thousand dollars ($100,000) and only when the vendor seeking this preference supplies sufficient proof that their product is Georgia-made. A vendors request for the Georgia±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. Attachment number 2Page 9 of 113 Page 10 of 113 (b) Definition of value analysis. Value analysis is the organized and systematic study of every element of cost in a part, material, or service to make certain it fulfills its function at the best value. It employs techniques which identify the functions the user wants from a product or service; establishes by comparison the appropriate cost for each function; then, it causes the required knowledge, creativity; and initiative to be used to provide each function for that cost. (c) Application of value analysis to the procurement process. Value analysis is a study of function and the value of any service, material, or product established by the minimum cost of other available alternatives, materials, products, or services that will perform the same function. To achieve high value, emphasis must be placed on obtaining high use value at low cost. Sec. 1-10-8. Compliance with state and federal requirement. When the procurement transaction involves the expenditure of State or Federal funds, the transaction shall be conducted in accordance with any applicable mandatory State or Federal laws and authorized regulations. Notwithstanding where State and Federal assistance or contract funds are used in procurement transaction, any applicable local requirements that are more restrictive than State or Federal requirements but not in conflict therewith shall be followed. Sec. 1-10-9. Definitions-generally. The terms, phrases, words, and their derivations set forth below shall have the meaning given herein. Words not defined herein or within the Official Code of Georgia Annotated shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. Words used in the singular shall include the plural, and the plural the singular; words used in the present tense shall include the future tense. The words shall, will, and must are mandatory and not discretionary. The word may is permissive. (1) Agreement. The bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in O.C.G.A. § 11-1-205 and § 11-2-208. Whether an agreement has legal consequences is determined by the provision of this title, if applicable; Attachment number 2Page 10 of 113 Page 11 of 113 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. Attachment number 2Page 11 of 113 Page 12 of 113 (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. Attachment number 2Page 12 of 113 Page 13 of 113 (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. Attachment number 2Page 13 of 113 Page 14 of 113 (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, Attachment number 2Page 14 of 113 Page 15 of 113 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. Attachment number 2Page 15 of 113 Page 16 of 113 (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 Attachment number 2Page 16 of 113 Page 17 of 113 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. Attachment number 2Page 17 of 113 Page 18 of 113 (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 Attachment number 2Page 18 of 113 Page 19 of 113 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 Attachment number 2Page 19 of 113 Page 20 of 113 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. Attachment number 2Page 20 of 113 Page 21 of 113 (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. Attachment number 2Page 21 of 113 Page 22 of 113 (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; Attachment number 2Page 22 of 113 Page 23 of 113 (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 Attachment number 2Page 23 of 113 Page 24 of 113 (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 Attachment number 2Page 24 of 113 Page 25 of 113 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. Attachment number 2Page 25 of 113 Page 26 of 113 (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. Attachment number 2Page 26 of 113 Page 27 of 113 (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: ³7KH YHQGRU RU FRQWUDFWRU RU ILUP ZDUUDQWV WKDW LW KDV QRWHPSOR\HG RU 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 Attachment number 2Page 27 of 113 Page 28 of 113 contract or purchase order without liability, and, at its discretion, to deduct from the contract or purchase order price, or otherwise recover the fill DPRXQWRIVXFKIHHFRPPLVVLRQSHUFHQWDJHJLIWRUFRQVLGHUDWLRQ´ 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. Attachment number 2Page 28 of 113 Page 29 of 113 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. Attachment number 2Page 29 of 113 Page 30 of 113 (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 Attachment number 2Page 30 of 113 Page 31 of 113 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 FRQWUDFWRULQFOXGLQJWKHGLVEDUPHQWRUVXVSHQVLRQIURPDYHQGRU¶V 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 Attachment number 2Page 31 of 113 Page 32 of 113 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 Attachment number 2Page 32 of 113 Page 33 of 113 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 SURPRWHIUHHDQGRSHQFRPSHWLWLRQLQVDWLVI\LQJWKHXVLQJDJHQF\¶VQHHGVDQGVKDOO 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 Attachment number 2Page 33 of 113 Page 34 of 113 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: Attachment number 2Page 34 of 113 Page 35 of 113 (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 Attachment number 2Page 35 of 113 Page 36 of 113 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. Attachment number 2Page 36 of 113 Page 37 of 113 (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 Attachment number 2Page 37 of 113 Page 38 of 113 bonds shall be delivered to Augusta, Georgia, and shall become binding on the parties upon the execution of the contract: (1) A performance bond in the amount of 100% of the price specified in the contract executed by a surety company authorized to do business in the State of Georgia, and in a form and fashion satisfactory to Augusta, Georgia; and (2) A payment bond in the amount of 100% of the price specified in the contract executed by a surety company authorized to do business in the State of Georgia and in a form and fashion satisfactory to Augusta, Georgia. (b) Nothing in this chapter shall prohibit Augusta, Georgia from requiring other contractors or suppliers of professional services to comply with one or both bonding requirements if so determined by the Augusta, Georgia Administrator, and/or using agency head, to be necessary. (c) Reduction of bond amounts. Prior to the taking of bids, the Procurement Director and architect/engineer or project manager, upon approval of the Administrator, may reduce the amount of performance and payment bonds when a written determination is made that it is in the best interest of Augusta, Georgia to do so, provided Georgia law does not mandate the amount of such bond. (d) Authority to require additional bonds. Nothing in this Section shall be construed to limit the authority of Augusta, Georgia to require other security in addition to those bonds if warranted by the circumstances and other than specified in this Section. Sec. 1-10-46. Insurance requirements. Standard ranges and types of coverage shall be determined under the direction of the Augusta, Georgia Administrator and advice of the Augusta, Georgia General Counsel, Risk Management, Finance Director, Procurement Director and other appropriate staff. General requirements shall be reviewed at least once annually. Insurance shall be required within established ranges and for specific purposes for each solicitation and contract, except where otherwise provided for in the AUGUSTA, GA. CODE. Attachment number 2Page 38 of 113 Page 39 of 113 (Ord. No. 6939, § 16, 1-2-07). Sec. 1-10-47. Request for qualifications; pre-qualifications of contractors. (a) The Procurement Director, in consultation with the Administrator and using agency head may determine that it shall be in the best interest of Augusta, Georgia to pre-qualify offerors for contracts of a particular type. The imposed standards shall be met by any contractor who wishes submit a bid or proposal for the subject project. The contractor shall submit required data in order to obtain a fair and impartial determination of whether the pre- qualification standards have been met. When pre-qualification is required, only those contractors who submit the required pre-qualification information and who are actually pre-qualified to submit a bid or proposal for the proposed solicitation. (b) Public notice. Public notice of pre-qualification shall be given in the same manner as provided in section 1-10-50 (c). (c) Pre-qualification standards. The Procurement Director and affected using agency heads shall review all information submitted by the suppliers and, if necessary, require additional information. The standards set for pre- qualification shall include but not be limited to factors set forth in section 1- 10-50-Sealed Bids; Bid Acceptance and Bid Evaluation or section 1-10-52- Sealed Proposals; Evaluation and Selection. If the Procurement Director and Administrator determine that the contractor meets all standards, then the contractor shall be so pre-qualified. The contractor shall be notified in writing. (d) Failure to pre-qualify. Should a contractor not be pre-qualified, appropriate written notice shall be sent and the contractor may appeal such determination as provided in Article 9. (e) In no instance shall a contract be awarded from the solicitation of request for qualifications. ARTICLE 6 PROCUREMENT SOURCE SELECTION METHODS AND CONTRACT AWARDS Attachment number 2Page 39 of 113 Page 40 of 113 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. Attachment number 2Page 40 of 113 Page 41 of 113 (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 Attachment number 2Page 41 of 113 Page 42 of 113 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; Attachment number 2Page 42 of 113 Page 43 of 113 (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 Attachment number 2Page 43 of 113 Page 44 of 113 hardship that would occur to either Augusta, Georgia or the bidder in the event of award. (h) Tie bids. In the event two or more bidders are tied in price while otherwise meeting all of the required conditions, the bid shall be awarded to the business which is located within Augusta, Georgia, or if not within the above, within the State of Georgia. Where this method does not result in the awarding of a bid, the Procurement Director shall call a public forum, cause each bidder or stand-in to write the name of the bidder on paper and placed in a container, the winner to be determined by drawing lots. (i) Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein. Award shall occur with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. (j) In addition to price and other material factors, the Procurement Director, in consultation with the using agency, shall consider the following in the context of award recommendations: (1) The ability, capacity, and skill of the bidder to perform the contract or provide the services required, (2) The capability of the bidder to perform the contract or provide the service promptly or within the time specified, without delay or interference, (3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder, (4) The quality of performance on previous contracts, (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services, (6) The sufficiency of the financial resources of the bidder relating to his ability to perform the contract, Attachment number 2Page 44 of 113 Page 45 of 113 (7) The quality, availability, and adaptability of the supplies or services to the particular use required, and (8) The number and scope of conditions attached to the bid by the bidder. (k) Award to other than low bidder. When the award is not given to the lowest most responsive and responsible bidder, a full and complete statement of the reasons for awarding the purchase order or other contract shall be prepared and signed by the Procurement Director and/or Administrator and made part of the record file. (Ord. No. 6939, § 16, 1-2-07). Sec. 1-10-51. Request for proposals. Request for proposals shall be handled in the same manner as the bid process as described above for solicitation and awarding of contracts for goods or services with the following exceptions: (a) Only the names of the vendors making offers shall be disclosed at the proposal opening. (b) Content of the proposals submitted by competing persons shall not be disclosed during the process of the negotiations. (c) Proposals shall be open for public inspection only after the award is made. (d) Proprietary or confidential information, marked as such in each proposal, shall not be disclosed without the written consent of the offeror. (e) Discussions may be conducted with responsible persons submitting a proposal determined to have a reasonable chance of being selected for the award. These discussions may be held for the purpose of clarification to assure a full understanding of the solicitation requirement and responsiveness thereto. (f) Revisions may be permitted after submissions and prior to award for the purpose of obtaining the best and final offers. (g) In conducting discussions with the persons submitting the proposals, there Attachment number 2Page 45 of 113 Page 46 of 113 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 Attachment number 2Page 46 of 113 Page 47 of 113 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 Attachment number 2Page 47 of 113 Page 48 of 113 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, DGGLWLRQVRURWKHUFKDQJHVLQWKHFRQILJXUDWLRQRUVWUXFWXUHRIWKHRIIHURU¶V WHDPVRUPHPEHUVRIWKHRIIHURU¶VWHDP (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. Attachment number 2Page 48 of 113 Page 49 of 113 (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; Attachment number 2Page 49 of 113 Page 50 of 113 (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 Attachment number 2Page 50 of 113 Page 51 of 113 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 Attachment number 2Page 51 of 113 Page 52 of 113 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 Attachment number 2Page 52 of 113 Page 53 of 113 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. Attachment number 2Page 53 of 113 Page 54 of 113 (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 Attachment number 2Page 54 of 113 Page 55 of 113 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 Attachment number 2Page 55 of 113 Page 56 of 113 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 Attachment number 2Page 56 of 113 Page 57 of 113 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 Attachment number 2Page 57 of 113 Page 58 of 113 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%XVLQHVV2SSRUWXQLWLHV3URJUDP³/6%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. Attachment number 2Page 64 of 113 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 Attachment number 2Page 71 of 113 Page 72 of 113 additional facts and evidence in support of its eligibility. Augusta, Georgia Administrator (or his or her designee) shall control all aspects of the hearing, including scheduling, conduct, witnesses, and evidence, and may request the attendance of witnesses and production of particular documents. (iii) Augusta, Georgia Administrator shall send written notice of the decision to the firm within thirty (30) days of the hearing. (iv) A firm found to be ineligible cannot apply for registration or re-registration for a period of one year after the effective date of the final decision. (c) Limitations. Notwithstanding any other provision of this program except on a finding of good cause by Augusta, Georgia, a registered local small business is no longer eligible to participate in the LSBOP after being enrolled for ten (10) consecutive years regardless of whether the firm received contracts or prime contracts under the program. If a firm has been released from the program before graduation as a result of exceeding the LSBOP thresholds, it will still be eligible to receive contracts from Augusta, but such participation will not be counted toward the LSBOP goal of identifying and employing local small businesses to the greatest extent possible. In determining whether a good cause exists for a firm to continue participation beyond ten (10) consecutive years, Augusta may review all relevant factors such as amount of business previously received by the firm, and capability of other small firms to provide goods and services, impact on a potential contract opportunity for other local businesses to compete. In no HYHQWVKDOODILUP¶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 Attachment number 2Page 92 of 113 Page 93 of 113 solicitation or award of a contract was in violation of applicable law, the following options shall be available to Augusta, Georgia: (1) The contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of Augusta, Georgia and the person or company awarded the contract has not acted fraudulently or in bad faith; or (2) If services or work have not commenced under the contract, it may be terminated and declared null and void; or (3) If services or work have commenced under the contract, it may be terminated and the person awarded the contract shall be compensated for the actual expenses reasonably incurred for partially performing and in terminating its performance under the contract; or (Ord. No. 6939, § 16, 1-2-07). ARTICLE 10 TYPES OF CONTRACTS Sec. 1-10-94. Authority to approve, sign and execute contracts by type. (a) Generally. The following section establishes five (5) types of purchases: (1) major purchases, (2) standard purchases, (3) small purchase, (4) using agency purchase, and (5) emergency purchases. Each type of purchase has its parameters involving: (1) value of purchase, (2) level of approval required within the organization for the purchase, (3) level of budget authorization given for the purchase, (4) level of authority required for the source selection process, and (5) person within the organization charged with the responsibility to sign the purchase contract document. (b) Major purchase contracts. Capital equipment, construction and all services purchase contracts with a value of one-hundred thousand dollars ($100,000) or more must have: Attachment number 2Page 93 of 113 Page 94 of 113 (1) Specific project concept approval by the Commission; (2) Specific budget approval (listed in budget) or special funding authorization by the Commission; (3) Commission approval of the source selection method and award of contract; and (4) Contract to be signed by the Mayor. (c) Standard purchase contracts. Goods and services purchase contracts with a value less than one-hundred thousand dollars ($100,000) but more than ten thousand ($10,000) must have: (1) General project concept approval by the Commission and/or Augusta, Georgia Administrator; and (2) General budget approval by the Commission and specific budget approval of the Administrator, or special funding authorization by the Commission or the Administrator (if the transfer of funds is necessary and general project concept not approved previously by the Commission); and (3) Administrator approval of source selection method and award of contract; and (4) Contract to be signed by the Mayor. (d) Small purchase contracts. Small purchases equal to, or less than, ten thousand dollars ($10,000) but more than one-thousand dollars ($1,000) must have: (1) General project concept approval by the Commission and/or the Administrator; and (2) General budget approval by the Commission (e.g. could be specified within a larger account) and specific budget approval of using agency head as designee of the Administrator, or special funding authorization by the Administrator (when transfer of funds is Attachment number 2Page 94 of 113 Page 95 of 113 necessary and general project concept not previously approved by the Commission or Administrator); and (3) Using agency head approval of source selection method and Administrator award of contract; and (4) Small purchase orders to be signed by the Procurement Director or designee. (e) Using agency purchase contracts. Using agency purchases (as defined elsewhere) of one-thousand dollars ($1,000) or less must have: (1) General budget approval by the Commission (e.g. could be specified within a larger account) and/or or special funding authorization by the Administrator; and (2) Using agency head approval of the source selection method and award of contract; and (3) Purchase order 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. Attachment number 2Page 95 of 113 Page 96 of 113 Augusta, Georgia is authorized to utilize any construction delivery method, provided that places the bidder or offeror at risk for construction; and requires labor or building materials in the execution of the contract shall be awarded on the basis of competitive sealed bidding or competitive sealed proposals. (a) Waiver of Technicalities. Augusta, Georgia shall have the authority to reject all bids or proposals or any bid or proposal that is nonresponsive or not responsible and to waive technicalities and informalities. (b) Modifications or Addenda to Public Works Plans and Specifications. Augusta, Georgia shall not issue or cause to be issued any addenda modifying plans and specifications within a period of 72 hours prior to the advertised time for the opening bids or proposals, excluding Saturdays, Sundays, and legal holidays. However, if the necessity arises to issue an addendum modifying plans and specifications within the 72 hour period prior to the advertised time for the opening of bids or proposals, excluding Saturdays, Sundays, and legal holidays, then the opening of bids or proposals shall be extended at least 72 hours, excluding Saturdays, Sundays, and legal holidays, from the date of the original bid or proposal opening without need to readvertise as required by O.C.G.A. § 36-91-20(b)(1). (c) Change Orders. Augusta, Georgia bid and contract documents may contain provisions authorizing the issuance of change orders, without the necessity of additional requests for bids or proposals, within the scope of the project when appropriate or necessary in the performance of the contract. Change orders may not be used to evade the purposes open, fair and competitive public bidding on public works contracts. (d) Notice to Proceed. The Procurement Director shall, after consultation with the using agency, issue a Notice to Proceed to the contractor, stating the name of the project, the date upon which the project is to begin, the contact name and telephone number for the using agency and the contract term. (e) Registration and Participation of Contractors pursuant to the Georgia Security and Immigration Compliance Act and the Immigration Reform and Control Act of 1986. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with Attachment number 2Page 96 of 113 Page 97 of 113 O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program [any of the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the applicability provisions and deadlines established in O.C.G.A. §13-10-91 and shall continue to use the federal authorization program throughout the contract term. ARTICLE 11 COOPERATIVE PROCUREMENT Sec. 1-10-96. Cooperative procurement agreement. Cooperative procurement may be agreed to between Augusta, Georgia and other public procurement units. Written agreements are encouraged so as to clearly document the requirements and any special conditions of purchase should a public solicitation be utilized. (Ord. No. 6939, § 16, 1-2-07). Sec. 1-10-97. Sale, acquisition, or use of supplies. Augusta, Georgia may sell surplus supplies at the direction of the Administrator. Augusta, Georgia may sell to, acquire from, or use any supplies belonging to another public procurement unit independent of the requirements of Article 6 (Procurement Source Selection Methods and Contract Awards). Sec. 1-10-98. Cooperative use of supplies or services. Augusta, Georgia may enter into an agreement with any public procurement unit for the cooperative use of supplies or services under the terms agreed upon between the parties. Sec. 1-10-99. Joint use of facilities. Attachment number 2Page 97 of 113 Page 98 of 113 Augusta, Georgia may enter into agreements for the common or joint use or lease of warehousing facilities, capital equipment, and other facilities with any public procurement unit under the terms agreed upon between the parties. Sec. 1-10-100. Use of state contracts. Augusta, Georgia may procure supplies, services or construction items through contracts established by the Procurement Division of the State of Georgia where such contracts and contractors substantially meet the requirements of the AUGUSTA, GA. CODE. (Ord. No. 6939, § 16, 1-2-07). Sec. 1-10-101. Purchase of surplus and excess property. Augusta, Georgia may purchase surplus and excess personal and real property from the United States Government or any other public procurement unit upon verification of need, fund availability, and approval by the appropriate level of authority within Augusta, Georgia. Sec. 1-10-102. Waiver. Any use of cooperative procurement as described above is independent of the requirements for source selection and contract award as described in Article 6 of this chapter. ARTICLE 12 CONTRACT ADMINISTRATION AND MANAGEMENT Sec. 1-10-103. Purpose. A contract administration system, designed to insure that a contractor is performing in accordance with the solicitation under which the contract was awarded, shall be maintained by the Procurement Director with assistance from the using agency. Effective administration therefore includes the development of concise and competitive specifications, well developed terms and conditions of Attachment number 2Page 98 of 113 Page 99 of 113 contract, and prompt, efficient day-to-day administration. Contract administration generally shall be the responsibility of the using agency requesting the commodity, general or construction service, except that certain specialized contracts may be administered by selected trade professionals, e.g., architects, engineers, construction managers, etc. (Ord. No. 6939, § 16, 1-2-07). Sec. 1-10-104. Augusta, Georgia contracts and contract clauses. (a) Use of model (standard) contracts and clauses. The Procurement Director, after consultation with the Augusta, Georgia Administrator, using agency head, and Augusta, Georgia General Counsel, may establish standard contract clauses for use in Augusta, Georgia contracts for various commodities, services and construction products. Such contracts shall include provisions necessary to clearly define the responsibilities and rights of the parties to the contract. (b) Provisions of Augusta, Georgia contracts. Whether designed as a model or standard contract provision or specifically tailored for a particular contract, all Augusta, Georgia contracts should include provisions for: (1) The unilateral right of Augusta, Georgia to order in writing a temporary stopping of the work, or delaying performance that does not alter the scope, of the contract; (2) Variations, occurring between estimated quantities of work in contract and actual quantities; (3) Defective pricing; (4) Liquidated damages; (5) Specified excuses for delay or non-performance; (6) Termination of the contract for default; (7) Termination of the contract in whole or in part for the convenience of Augusta, Georgia; Attachment number 2Page 99 of 113 Page 100 of 113 (8) Payment procedures; (9) Hold harmless provisions; (10) Prohibition against contingent fees; (11) Suspension of work on a construction project ordered by Augusta, Georgia; (12) Site conditions differing from those indicated in the contract, or ordinarily encountered, except that a differing site conditions clause need not be included in a contract: (i) When the contract is negotiated, (ii) When the contractor provides the site or design, or (iii) When the parties have otherwise agreed with respect to the risk of differing site conditions, and (13) Insurance requirements. (14) Contractor's consent to venue in the Superior Court of Richmond County, Georgia; (15) Provision that the terms of the contract supersedes any and all provisions of the Georgia Prompt Pay Act. (16) An acknowledgement by all parties contracting with Augusta, Georgia as follows: Contractor acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of Contractor's provision of goods or services to Attachment number 2Page 100 of 113 Page 101 of 113 Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that the Contractor may be precluded from recovering payment for such unauthorized goods or services. Accordingly, Contractor agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. (17) Use of Augusta, Georgia Landfill. All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state regulations. The contractor shall provide evidence of proper disposal through manifests, which shall include the types of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. (18) All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia has registered with and is participating in a federal work authorization program. All contractors and subcontractors must provide their E-Verify number and must be in compliance with the electronic verification of work authorized programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Attachment number 2Page 101 of 113 Page 102 of 113 Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91 and shall continue to use the federal authorization program throughout the contract term. All contractors shall further agree that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia the contractor will secure from such subcontractor(s) HDFKVXEFRQWUDFWRU¶VE-Verify number as evidence of verification of compliance with O.C.G.A. § 13- 10-91 on the subcontractor affidavit provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical services. (Ord. No. 6939, § 16, 1-2-07). Sec. 1-10-105. Contract modification and price adjustments. (a) Modifications. Every modification to a contract with Augusta, Georgia (except those entered into pursuant to § 1-10-54) shall be subject to approval by the Commission prior to execution. A contract modification does not require Commission action if a contingency amount has been approved and the contract modification is within that amount and provided the Augusta, Georgia Administrator has been contractually or otherwise specifically designated by the Commission for such purpose. (b) In instances where the Procurement Director, architect/engineer, or project manager, with the approval of the using agency head, and Administrator, determine that the contract modification or change order cannot be delayed without substantial delay and cost to Augusta, Georgia and funds are available and the appropriate budget transfer is made, the Administrator may authorize the appropriate action. (b) Price adjustments. Adjustments in price in contracts shall be computed in one or more of the following ways: Attachment number 2Page 102 of 113 Page 103 of 113 (1) By agreement on a fixed price adjustment before commencement of the pertinent performance or as soon thereafter as practicable; (2) By unit prices specified in the contract or subsequently agreed upon; (3) By the costs attributable to the events or situations under such clauses with adjustment of profit or fee, all as specified in the contract or subsequently agreed upon; and (4) In such other manner as the contracting parties may mutually agree upon. (Ord. No. 6939, § 16, 1-2-07). Sec. 1-10-106. Bid security. (a) Requirement for bid security. Bid security shall be required for all competitive sealed bids for construction contracts when the price is estimated by the Procurement Director to exceed one-hundred thousand dollars ($100,000). (b) Amount of bid security. Bid security shall be in an amount equal to at least ten (10) percent of the amount of the bid. (c) Rejection of sealed bids for noncompliance with bid security and authority. If required, and the bid security is not included with the bid, the Procurement Director shall recommend to the Commission that the bid be rejected. (d) Withdrawal of bids. If a bidder is permitted to withdrawn its bid before award as provided in section 1-10-50(g) Sealed Bidding; Correction or Withdrawal of Bids no action shall be taken against the bidder or the bid security and the bidder may be entitled to the return of its bid security. (Ord. No. 6939, § 16, 1-2-07). Sec. 1-10-107. Contract performance and payment bonds. (a) Performance bonds or security shall be delivered to Augusta, Georgia and shall become binding on the parties upon the execution of the contract to provide a performance bond satisfactory to Augusta, Georgia. Attachment number 2Page 103 of 113 Page 104 of 113 (b) Payment bond satisfactory to Augusta, Georgia for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work provided for in the contract. (Ord. No. 6939, § 16, 1-2-07). Sec. 1-10-108. Bond forms and copies. The form of payment and performance bonds and other required bonds shall be prescribed by the Augusta, Georgia General Counsel. Any person may request and obtain from Augusta, Georgia a certified copy of a bond upon payment of the cost of reproduction of the bond and postage, if any. A certified copy of a bond shall be prima facie evidence of the contents, execution, and delivery of the original. Sec. 1-10-109. Retainage. (a) Maximum amount to be withheld. In any contract or subcontract for construction which provides for progress payments in installments based upon an estimated percentage of completion with a percentage of the contract's proceeds to be retained by Augusta, Georgia pending completion of the contract or subcontract, the retained amount of each progress payment or installment shall be no more than ten (10) percent). The retainage may be reduced to five (5) percent after fifty (50) percent of the work is complete if Augusta, Georgia desires. (b) When used. Retainage may be applied to any construction contract, regardless of the dollar amount and its use shall be set forth in the invitation for bids or proposals. (c) Release of retainage. Funds held by Augusta, Georgia as retainage under the contract shall be released upon completion and acceptance of work except as described in the contract. (d) No interest on retainage. No interest shall be due to any contractor on any sum held as retainage pursuant to any construction contract. Sec. 1-10-110. Approval of accounting system. Except with respect to firm fixed-price contracts, no contract type shall be used unless it has been determined in writing by Augusta, Georgia that: Attachment number 2Page 104 of 113 Page 105 of 113 (a) The proposed contractor's accounting system will permit timely development of all necessary cost data in the form required by the specific contract type completed; and (b) The proposed contractor's accounting system is adequate to allocate costs in accordance with generally accepted cost accounting principles. Sec. 1-10-111. Contractual provisions for worksite inspections. All contracts shall provide that Augusta, Georgia may, at reasonable times, inspect the part of the plant, place of business, or work site of a contractor or subcontractor or subunit thereof which is pertinent to the performance of any contract awarded or to be awarded by Augusta, Georgia. Sec. 1-10-112. Contractual provisions for auditing records. (a) Audit of costs or pricing data. All contracts shall provide that Augusta, Georgia may at reasonable times and places, audit the books and records of any contractor who has submitted cost or pricing data to the extent that such books, documents, papers, and records are pertinent to such cost or pricing data. Any person who received a contract, change order, or contract modification for which cost or pricing data is required, shall maintain such books, documents, papers, and records that are pertinent to such cost or pricing data for three (3) years from the date of final payment under the contract. (b) Contract audit. All contracts shall provide that Augusta, Georgia shall be entitled to audit the books and records of a contractor or subcontractor at any time under any negotiated contract or subcontract other than a firm fixed- price contract to the extent that such books, documents, papers, and records are pertinent to the performance of such contract or subcontract. Such books and records shall be maintained by the contractor for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract. ARTICLE 13 Attachment number 2Page 105 of 113 Page 106 of 113 DISADVANTAGED BUSINESS ENTERPRISES PROGRAM FOR DEPARTMENT OF TRANSPORTATION, FEDERAL TRANSPORTATION ADMINISTRATION AND OTHER FEDERALLY ASSISTED CONTRACTS Sec. 1-10-113. Purpose. The purpose of this Disadvantaged Business Enterprises program is to comply with U.S. Department of Transportation (DOT), Federal Transit Authority (FTA) and other federal and state mandated DBE requirements for certain DOT, FTA, federal and state assisted contracts as required by 49 C.F.R. Part 26, et. seq. and/or 49 C.F.R. Part 23. Sec. 1-10-114. Definitions. (a) Generally. Those definitions set forth in Chapter 10 of the Code of Ordinances shall also apply to this Article, except as provided in this section. (b) Specifically. (1) Airport Concessionaire Disadvantaged Business Enterprises (ACDBEs) means a concession that is a for-profit small business concern that is at least fifty-one percent (51%) owned by one or more individuals who are both socially and economically disadvantaged or, in the case of a corporation, in which fifty-one percent (51%) of the stock is owned by one or more such individual; and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. (2) Department of Transportation (DOT) means the U.S. Department of Transportation, including the Office of the Secretary, the Federal Highway Administration (FHWA), the Federal Transit Administration (FTA) and the Federal Aviation Administration (FAA). (3) Disadvantaged Business Enterprise (DBE) means a for-profit small business concern that is at least fifty-one percent (51%) owned by one or more individuals who are both socially and economically disadvantaged, or in the case of a corporation, in which fifty-one percent (51%) of the stock is owned by one or more such individuals; Attachment number 2Page 106 of 113 Page 107 of 113 and whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it. (4) DOT assisted contract means any contract between a recipient and a contractor (at any tier) funded in whole or in part with DOT financial assistance, including letter of credit or loan guarantees, except a contract solely for the purchase of land. (5) Good faith efforts means efforts to achieve a DBE goal or other requirement which, by their scope, intensity, and appropriateness to the objective, can reasonably be expected to fulfill the program requirement. Sec. 1-10-115 Limitations. This DBE program is only for DOT and FTA assisted contracts and other federal or state funded contracts having mandatory DBE requirements. Sec. 1-10-116. Policy statement. Augusta, Georgia is committed to ensuring that all DBE requirements of federal and state funded contracts will be implemented by Augusta, Georgia. The DBE Liaison Officer is responsible for accomplishing the objectives of this program. The objectives of this DBE program are: (a) To ensure nondiscrimination in the award and administration of DOT, FTA and other contracts covered by this program, including highway, transit, and airport financial assistance programs in compliance with 49 CFR Part 21; (b) To create a level playing field on which DBEs can compete fairly for DOT, FTA and other contracts covered by this program; (c) To ensure that the this DBE program is narrowly tailored in accordance with applicable law; (d) To ensure that only firms that fully meet this part's eligibility standards are permitted to participate as DBEs; Attachment number 2Page 107 of 113 Page 108 of 113 (e) To help remove barriers to the participation of DBEs in DOT, FTA and other contracts covered by this program; (f) To assist in the development of firms that can compete successfully in the marketplace outside the DBE program; and (g) To provide appropriate flexibility to recipients of Federal financial assistance in establishing and providing opportunities for DBEs. Sec. 1-10-117. DBE liaison officer. The Chief Executive Officer concerning DBE Program matters for Augusta, Georgia shall be the Mayor of Augusta, Georgia. Augusta shall have a DBE Liaison Officer who shall have direct, independent access to the Mayor concerning DBE Program matters. The DBE Liaison Officer shall have the following duties and responsibilities: (a) Gathering and reporting statistical data and other information as required by DOT, FTA and other contracts covered by this program. (b) Reviewing third party contracts and purchase requisitions for compliance with this program. Attachment number 2Page 108 of 113 Page 109 of 113 (c) Working with all departments to set overall annual goals or as required by federal law. (d) Ensuring that bid notices and requests for proposals are available to DBEs in a timely manner. (e) Identifying contracts and procurements so that DBE goals are included in solicitations covered by this DBE Program. (f) Analyzing Augusta, Georgia¶s progress toward attainment and identifying ways to improve progress. (g) Participating in pre-bid meetings. (h) Advising the Commission on DBE matters and achievement. (i) Providing DBEs with information and assistance in preparing bids, obtaining bonding and insurance. (j) Planning and participating in DBE training seminars. (k) Certifying DBEs according to the criteria set by DOT and FTA and acting as liaison to the Uniform Certification Process in Georgia. (l) Providing outreach to DBEs and community organizations to advise them of opportunities. (m) Maintaining the DBE bidder¶s list for DOT, FTA and other contracts covered by this program as provided in § 1-10-121. (n) Ensuring that all aspects of this DBE Program are complied with by participants and using agencies. Sec. 1-10-118. DBE financial institutions. For projects containing federal or state mandated DBE requirements, Augusta must thoroughly investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in Augusta, Georgia and must make reasonable efforts to use these institutions and encourage prime contractors to use these institutions. Attachment number 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. Attachment number 2Page 110 of 113 Page 111 of 113 (c) Augusta, Georgia shall have the power and authority to enforce all of the provisions of this subsection and may implement suspension and debarment for non-compliance as provided in Article 8. Sec. 1-10-120. Wage requirements for federally funded projects. Wage requirements. When a project has federal funds, the prevailing wages paid shall correspond as nearly as practicable to those prescribed in the Federal Davis Bacon Act when required. The wage scale shall be posted by the contractor in a prominent and easily accessible place at the site of work in accordance with Federal Government requirements. Sec. 1-10-121. DBE ELGGHU¶VOLVWIRU'27DQG)7$DVVLVWHGFRQWUDFWV. (a) The DBE Liaison Officer will maintain a bidders list, consisting of information about all DBE and non-DBE firms that bid or quote on DOT or FTA assisted contracts. The purpose of this requirement is to allow use of the ELGGHU¶V list approach to calculating overall goals. The bidder list will include the name, address, DBE/non-DBE status, age, and annual gross receipts of firms and the types of work each firm has been certified to perform as a DBE. The DBE Liaison Officer shall revise the bidder¶s list at least annually and make updated information available to contractors and the public. (b) The DBE Liaison Officer may collect this information in the following ways: (1) Including a contract clause in all DOT and FTA assisted contracts requiring prime bidders to report the name, address, DBE/non-DBE status and gross receipts of all firms who quote to them on subcontracts. (2) Submitting surveys of a statistically sound sample of firms in the Augusta, Georgia regional area. (3) Including a notice in solicitations and on the Augusta, Georgia website requesting that firms quoting on subcontracts submit their name, address, DBE/non-DBE status and gross receipts directly to the DBE Liaison Officer. Sec. 1-10-122. Overconcentration of DBE firms in certain types of work. (a) The DBE Liaison Officer shall annually review the availability of DBE and non-DBE firms in the different types of work which Augusta utilizes and make Attachment number 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 2/15/2011 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. (No recommendation from Administrative Services Committee February 7, 2011) 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 2/15/2011 5:00 PM Ordinance to amend Personnel System Department:Law Caption:Motion to approve an Ordinance to amend the Augusta, GA Code Title Two Sections 1-7-11 through 1-7-21 to amend the personnel system; to repeal all code sections and ordinances and parts of the code sections and ordinances in conflict. (No recommendation from Administrative Services Committee February 7, 2011) Background:Realligning terms of appointee(s) to correspond with the term of the appointing commissioner(s), creating by-laws under which the personnel board shall operate under, and other purposes Analysis:On [DATE], the personnel board approved section 1-7-20 to include the power to require current employee witnesses as identified by either party to attend and participate in the board hearing with the threat of disciplinary action for failure to attend and/or participate. However, due to operational concerns, we recommend that section 1-7-20 maintain the current status of voluntary participation for witnesses and have attached a version so reflecting. Financial Impact:None Alternatives:Approve sections 1-7-11 through 1-7-21 to amend the personnel system INCLUDING the power to require current employee witnesses to attend and participate in board hearings Recommendation:Approve sections 1-7-11 through 1-7-21 to amend the personnel system EXCLUDING the power to require current employee witnesses to attend and participate in board hearings Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Commission Meeting Agenda 2/15/2011 5:00 PM Ordinance to present alternative proposal to amend Augusta, Georgia Charter Section 1-40 Department:Clerk of Commission Caption:An Ordinance to present an alternative proposal to amend Augusta, Georgia Charter and Laws of Local Application, Section 1-40 relating to Equal Employment; to separate the function of Equal Employment Opportunity from minority and small business opportunities; to provide policies and guidelines; to create a Local Small Business Advisory Board; to repeal all Charter, Code Sections and Ordinances and parts of Charter, Code Sections and Ordinances in conflict herewith; to provide an effective date and for other purposes. (No recommendation from Administrative Services Committee February 7, 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 7 Attachment number 1Page 2 of 7 Attachment number 1Page 3 of 7 Attachment number 1Page 4 of 7 Attachment number 1Page 5 of 7 Attachment number 1Page 6 of 7 Attachment number 1Page 7 of 7 Commission Meeting Agenda 2/15/2011 5:00 PM Personnel Policy and Procedures Manual Department:Law Caption:Revised Personnel Policy and Procedures Manual. (No recommendation from Administrative Services Committee February 7, 2011) Background:Revised Personnel Policy and Procedures Manual to reflect edits requested by Commissioners. Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 2Page 1 of 4 Attachment number 2Page 2 of 4 Attachment number 2Page 3 of 4 Attachment number 2Page 4 of 4 Commission Meeting Agenda 2/15/2011 5:00 PM Firefighter Wellness Initiative Department:Fire Department Caption:Approve implementation of firefighter wellness initiative for existing employees to include wellness, physicals, occupational fitness, and physical agilities testing. (Requested by Commissioner Jerry Brigham) Background:Previously the CPAT was passed to obtain recruits who could meet and maintain the standards for the firefighter position. A request was made to have incumbent firefighters also meet the standard. Analysis:Some of our fire department personnel might not be able to meet and/or maintain the NFPA 1582 standards for the position in which they hold. A program needs to be developed to help them achieve the standards for the position. Financial Impact:Estimated $160,000. RFP to be issued Alternatives:Do not pass and continue to operate as is. Recommendation:Implement the firefighter wellness initiative. Funds are Available in the Following Accounts: Fund Balance REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Version 4- December 3, 2010 HR Dept RP/VB Page 1 of 3 Firefighter Wellness Initiative I. New Recruits Implementation 10/2010 A. Successfully pass the Entrance Exam B. Successfully pass the Background Check and Pre-employment Screening C. Successfully pass the NFPA 1582 physical D. Successfully pass the CPAT E. Successfully pass the Acrophobia Test F. Sign condition of employment letter II. Existing Firefighters Wellness Fully Implemented 01/2011 A. Implement a Wellness Initiative to include mandatory daily exercise of at least one hour on shift for all certified fire department personnel excluding clerical staff. B. Implement a fitness program to help bring existing firefighters up to the new standard. C. Promote a healthy lifestyle to include healthy eating and smoking cessation. Medical Evaluations Medical/ Occupational Fitness Evaluations RFP issued 01/2011 Program Implementation begin 06/2011 All baseline physicals completed by 12/2011 A. All certified fire department personnel will undergo a NFPA 1582 Medical evaluations as required by NFPA 1582. Physicals will be conducted bi-annually after initial physical. B. Firefighters with a “Category B” medical condition shall be certified as meeting the medical requirements of this standard only if they can perform the essential job tasks without posting a significant safety and health risk to themselves, members or civilians. C. Firefighters with a “Category A” medical condition shall not be certified as meeting the medical requirements of this standard. Attachment number 1Page 1 of 3 Version 4- December 3, 2010 HR Dept RP/VB Page 2 of 3 Occupational Fitness Medical/ Occupational Fitness Evaluations RFP issued 01/2011 Program Implementation 06/2011 All baseline physicals completed by 12/2011 A. All certified fire department personnel will undergo an annual NFPA 1582 Occupations fitness evaluation to include: B. Weight and Body composition C. Annual fitness Evaluation using NFPA 1582 protocol 1. Non competitive 2. Measured against baseline or previous assessment 3. Pre-Evaluations/Practice 4. Muscular strength a) Grip strength b) Leg strength c) Arm strength 5. Muscular endurance a) Push-up evaluation b) Curl-up evaluation Physical Agilities Testing Implementation for testing and training to begin 06/2011 Fully Implemented with testing complete 06/2012 A. All certified firefighters must annually pass the Georgia Certified Firefighters Physical Agilities test within seven minutes or less: 1. Stair Climb 2. Ladder Extension 3. Ventilation Exercise 4. Hose Advance 5. Rescue Drag 6. Ladder Removal/Replacement B. If any personnel should fail to pass the test the following guidelines will apply. 1. First failure will result in no punishment. The personnel will enroll in the fitness program and will be temporarily reassigned to an 8 hour shift until they pass the test. The personnel will be retested no more than 14 days after failure. Attachment number 1Page 2 of 3 Version 4- December 3, 2010 HR Dept RP/VB Page 3 of 3 2. Second failure will result in a letter of reprimand placed in their personnel files and the personnel will be re-testing within 14 days after the failure. 3. Third failure will result in a 24-hour suspension from duty without pay. The personnel will remain on admin leave without pay until retested. The personnel must be retested within 14 days after the failure. 4. Forth failure will result in loss of job qualifications and the person will be removed from their position. Remediation A. Failure to successfully pass the medical evaluation or Georgia Certified Firefighters Agilities test will result in the following: 1. Consideration for voluntary reassignment to another vacant funded position in the fire department for which they are fully qualified for, if available. 2. If there are no vacant funded positions the employee is qualified to perform, begin processing the employee for separation (i.e. retirement, early retirement, disability, etc). This process will be complete in 14 days. Attachment number 1Page 3 of 3 Commission Meeting Agenda 2/15/2011 5:00 PM Motion to approve audit firm for 2010 Financial Audit Department:Finance - Donna B Williams, CGFM, Director Caption:Motion to approve Cherry, Bekaert and Holland (CB&H) as audit firm for 2010 Financial Audits. (Approved by Finance Committee February 7, 2011) Background:An annual audit is required by state statute § O.C.G.A. 36.81.7 and local code Sec 2.3.10. The annual audit report of a local unit of government shall be completed and a copy of the report forwarded to the state auditor within 180 days after the close of the unit's fiscal year. GFOA best practices recommend that Governmental entities should enter into multiyear agreements of at least five years in duration when obtaining the services of independent auditors. Such agreements allow for greater continuity and help to minimize the potential for disruption in connection with the independent audit. Multiyear agreements can also help to reduce audit costs by allowing auditors to recover certain "startup" costs over several years, rather than over a single year. The Finance Department is in the process of developing a RFQ for audit services. The last RFQ was performed in 2005. Analysis:Cherry Bekaert and Holland has performed the annual financial audit of Augusta for the past several years. In addition to the audit of the government, CB&H also performers audit procedures and issues separate reports for Augusta Utilities, Augusta Regional Airport as required by bond covenants, SPLOST Funds as required by state statute and Federal Grants as required by GASB and in accordance with U.S. Office of Management and Budget (OMB) Circular A-133 (The Single Audit Act). Because of their knowledge of our processes and procedures we are able to enjoy operational efficiencies during the audit process. CB&H practices under the AICPA recognized quality control program. In addition to participating in external peer reviews, CB&H also has a number of engagement specific quality control procedures, including Concurring Partner Review, where an audit partner, not directly involved with the conduct of the audit, reviews all reports before they are issued. Financial Impact:annual audit is included in the annual budget Alternatives:None, the annual audit is required by state statute and local code. Recommendation:Approve CB& H as the audit firm for the 2010 audit. Funds are Available in the Following 101-01-5120 - 5212113 Cover Memo Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/15/2011 5:00 PM 15th Street Pedestrian Improvements Project-10-152- Contract Award Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to approve and award of the first three phases of the Design Consultant Services Agreement to URS Corporation on the 15th Street Pedestrian Improvements. The first three phases will include: Public Involvement in the amount not to exceed $85,517.94; Concept Development in the amount of $168,674.13; and Database Preparation in the amount of $119,317.14 ($373,509.21 total) for the Capital Project Budget. Project to be funded from SPLOST Phase VI as requested by AED. (Approved by Engineering Services Committee February 7, 2011) Background:The 15th Street corridor between John C. Calhoun Expressway and Central Avenue is one of the more heavily traveled routes in Augusta-Richmond County, carrying approximately 30,000 vehicles per day. This corridor is the primary route into the Augusta Medical District and experiences congestion during peak periods of travel. With the current and proposed expansions of institutions such as Georgia Health Sciences University (formerly the Medical College of Georgia), Paine College and the VA Hospital, pedestrian activity along and crossing this corridor has significantly increased over the past few years and is expected to increase. Moreover, this corridor lacks essential ADA facilities in most areas, which provides a challenge for our disabled population wishing to access the medical facilities and experiences a tremendous amount of “jay walking” on a daily basis. In August 2010, Request for Qualifications was released for qualified firms to provide design services along the 15th Street corridor to improve pedestrian facilities and traffic flow. Analysis:The following firms were evaluated based on qualifications, project approach, experience, and interviews in September 2010. The following firms submitted RFQs and were evaluated: 1. LAI Engineering 2. LPA Group 3. Pond and Company 4. QK4 5. W.R. Toole Engineers, Inc. 6. URS Corporation URS Corporation was selected based on the evaluation procedures used for this project. Financial Impact:Funds are available in SPLOST Phase VI. Alternatives:1) Approve and award of the first three phases of the Design Consultant Services Agreement to URS Corporation on the 15th Street Pedestrian Improvements. The first three phases will include: Public Involvement in the amount not to exceed $85,517.94; Concept Development in the amount of $168,674.13; and Database Preparation in the amount of $119,317.14 ($373,509.21 total) for the Capital Project Budget. Project to be funded from Cover Memo SPLOST Phase VI as requested by AED. 2) Do not approve. Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: SPLOST PH VI REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Evaluation Criteria PTS LAI ENGINEERING 1800 PARKWAY PLACE MARIETTA GA 30067 LPA GROUP 3595 ENGINEERING DRIVE NORCROSS GA 30092 POND & COMPANY 3500 PARKWAY LANE STE 600 NORCROSS GA 30092 QK4 3169 HOLCOMB BRIDGE RD #455 NORCROSS GA 30071 URS 400 N PARK TOWN CENTER 100 ABERNATHY ROAD NE STE 900 W.R. TOOLE ENGINEERS 1005 BROAD STREET STE 200 AUGUSTA GA 30901 1) Qualifications of Company 25 19.0 18.3 18.7 18.3 21.0 14.0 2) Qualifications of Key Personnel that will actually perform the design services 30 24.3 19.7 19.7 17.3 29.3 17.7 3) Experience on similar Georgia DOT projects 25 18.0 13.7 20.7 18.3 23.7 9.0 4) References including specific individuals, address, phone number, and e-mail address 15 9.2 15.0 15.0 11.7 10.8 15.0 5) 3UR[LPLW\WR$XJXVWD±3RLQWV Within Augusta Richmond County - 5 pts Within the CSRA - 4 pts Within Georgia - 3 pts Within SE United States - 2 pts (includes AL, TN, NC, SC, FL) All Others - 1 pt 5 3.0 3.0 3.7 3.0 4.3 5.0 Total 100 73.5 69.7 77.7 68.7 89.2 60.7 Ranking 3 4 2 5 1 6 Presentation Ranking 2.7 2.3 1.0 Cumulative - Presentation Evaluation Sheet RFQ Item #10-152 15th Street Pedestrian Improvements for the City of Augusta - Engineering Department Attachment number 1Page 1 of 1 Augusta-Richmond County, Georgia BE IT ORDAINED by the Commission-Council of Augusta-Richmond County, Georgia that the following Capital Project Budget is hereby adopted: Section 1: This project is set up and authorized to CPB#N/A. This project consists of design services along the 15th Street corridor to improve pedestrian facilities and traffic flow and award Consultant Services to URS Corporation in the amount of $789,686.86. Funding available in SPLOST Phase VI. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VI 373,510$ 373,510$ Section 3: The following amounts are appropriated for the project: By Basin By District 373,510$ CAPITAL PROJECT BUDGET 15th Street Pedestrian Improvements 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 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 1 of 4 1.24.2011 Attachment number 2Page 1 of 4 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET 15th Street Pedestrian Improvements CPB AMOUNT NEW SOURCE OF FUNDS CPB CPB SPLOST PHASE VI -373510 -373510 TOTAL SOURCES: ($373,510) ($373,510) USE OF FUNDS ENGINEERING $373,510 $373,510 TOTAL USES:$373,510 $373,510 2 of 4 1.24.2011 Attachment number 2Page 2 of 4 CPB#N/A xecution. For xecution. For 3 of 4 1.24.2011 Attachment number 2Page 3 of 4 CPB#N/A 4 of 4 1.24.2011 Attachment number 2Page 4 of 4 REQUEST FOR QUALIFICATIONS Request for Qualifications will be received at this office until Tuesday, August 24, 2010 @ 11:00 a.m. for furnishing: RFQ Item #10-151 Riverwatch Parkway @ I-20 Corridor Improvements for Engineering Department RFQ Item #10-152 15th Street Pedestrian Improvements for Engineering Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Qualifications Conference will be held on Friday, August 6, 2010 @ 11:00 a.m. in the Procurement Department – Room 605. All questions must be submitted in writing to the office of the Procurement Department by Tuesday, August 10, 2010 @ 5:00 p.m. by fax at 706-821-2811 or by mail. No RFQ will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFQ number on the outside of the envelope. Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program but rather pursuant to its code of ordinances, this local government operates instead a Local Small Business Opportunity Program. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 15, 22, 29, August 5, 2010 Metro Courier July 21, 2010 cc: Tameka Allen Interim Deputy Administrator Abie Ladson Engineering Department Steve Cassell Engineering Department Attachment number 3Page 1 of 1 VENDORS Attachment B Bidders Form Original 6 Copies Addendum LAI ENGINEERING 1800 PARKWAY PLACE MARIETTA GA 30067 YES YES YES YES YES LPA GROUP 3595 ENGINEERING DRIVE NORCROSS GA 30092 YES YES YES YES YES POND & COMPANY 3500 PARKWAY LANE STE 600 NORCROSS GA 30092 YES YES YES YES YES QK4 3169 HOLCOMB BRIDGE RD #455 NORCROSS GA 30071 YES YES YES YES YES URS 400 N PARK TOWN CENTER 100 ABERNATHY ROAD NE STE 900 ATLANTA GA 30328 YES YES YES YES YES W.R. TOOLE ENGINEERS 1005 BROAD STREET STE 200 AUGUSTA GA 30901 YES YES YES YES YES EMC ENGINEERING 4106 COLBEN BLVD STE 105 EVANS GA 30809 HEATH & LINEBACK ENG 2390 CANTON ROAD BLDG 200 MARIETTA GA 30066 MOORE AND ASSOCIATES 1009 EAST AVENUE NORTH AUGUSTA SC 29841 CRANSTON ENGINEERING GROUP 452 ELLIS STREET AUGUSTA GA 30901 KHAFRA 535 CHESTNUT ST, STE 200 CHATTANOOGA TN 37402 KIMLEY-HORN 3169 HOLCOMB BRIDGE RD NORCROSS GA 30071 MORELAND ALTOBILLI 2211 BEAVER RUIN ROAD STE 190 NORCROSS GA 30071 R.S. & H. 730 PEACHTREE ST STE 430 ATLANTA GA 30308 STREET SMARTS INC 3160 MAIN STREET STE 100 DULUTH GA 30096 RFQ Item #10-152 15th Street Pedestrian Improvements for the City of Augusta - Engineering Department RFQ Due: Tuesday, August 24, 2010 @ 11:00 a.m. NON-COMPLIANT Attachment B Expired Notary Seal NON-COMPLIANT Attachment B Missing Pages 1 & 2 Submitted No Bid Response Letter Page 1 of 1 Attachment number 4Page 1 of 1 Attachment number 5Page 1 of 2 Attachment number 5Page 2 of 2 Attachment number 6Page 1 of 2 Attachment number 6Page 2 of 2 Attachment number 7Page 1 of 3 Attachment number 7Page 2 of 3 Attachment number 7Page 3 of 3 Attachment number 8Page 1 of 6 Attachment number 8Page 2 of 6 Attachment number 8Page 3 of 6 Attachment number 8Page 4 of 6 Attachment number 8Page 5 of 6 Attachment number 8Page 6 of 6 Commission Meeting Agenda 2/15/2011 5:00 PM Approve Change Order to the existing construction contract in the amount of $377,564.50 to Blair Construction for the Fort Gordon Eisenhower Hospital Area Gravity Sewer System . Bid item #09-156. Department:Augusta Utilities Department Caption:Motion to approve Change Order to the existing construction contract in the amount of $377,564.50 to Blair Construction for additional work and to complete the Fort Gordon Eisenhower Hospital Area Gravity Sewer System. (Approved by Engineering Services Committee February 7, 2011) Background:This project is located at Fort Gordon, Augusta GA. The gravity sewer trunk line will begin near 22nd Street and connect to the existing municipal system just northwest of the National Science Center. It will serve an area of approximately 250 acres bounded to the north by Fort Gordon Highway (Route 10/78/278), west of the Gate I entrance. The trunk line will eliminate the need for 2 existing lift stations and 3,200LF of force main required to convey wastewater to the Fort Gordon wastewater treatment plant. This municipal gravity sewer trunk line will consist of approximately 4,625LF of 8-inch and 2,700LF of 10-inch SDR 26 PVC pipe with an estimated twenty- four 48-inch diameter manhole structures.The modification to this contract will consist of the installation of an additional 700 LF of sewer main and 1,171 LF of water main. This change also include some adjustments to address the additional connections to the existing infrastructure, extra clearing, overlay, and septic tanks removals in conflict with the proposed sewer main. Analysis:AUD has evaluated Blair proposal to Change Order and has considered the proposal fair and reasonable to accomplish the project. Financial Impact:The construction proposal submitted for this project is $377,564.50. These funds are available from account 507043420-5425210/88880069-5425210 Alternatives:Rejection of this change order would delay the construction and delay revenue to Augusta Richmond County. Recommendation:Recommend Commission approve change order to the existing construction contract to Blair Construction in the amount of $377,564.50 Funds are Available in the Following Accounts: 507043420-5425210/88880069-5425210 from account $377,564.50 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Blair Construction, Inc.Proposal Asphalt Paving & Underground Utilities 4308 Evans-to-Locks Rd DATE:January 27, 2011 P.O. Box 770, Evans, Georgia 30809 Phone 706.868.1950 Fax 706.868.1855 EISENHOWER HOSPITAL Augusta Utilities Department Attn: Jerry Delaughter / Stanley Aye Item Description Quantity Unit Unit Price Amount WATER MAIN 2" Dia. PVC Water Transmission Main Sch 40 732 LF $8.27 $6,053.64 W-2A 6" Dia. DIP, water transmission, Class 350, standard joint 90 LF $20.54 $1,848.60 W-2B 8" Dia. DIP, water transmission, Class 350, standard joint 1171 LF $24.88 $29,134.48 W-6 Miscellaneous water pipe fittings and connections 1000 LBS $3.50 $3,500.00 W-8 Fire Hydrant, Installed complete with valve, lead pipe, joint restraint, and blocking 2 EA $2,850.00 $5,700.00 W-10B 8" in-line gate valve, including valve box, installed, complete, open right/left 1 EA $1,061.91 $1,061.91 8" tapping sleeve, valve, valve box, complete 2 EA $2,761.67 $5,523.34 W-18 Tie-in to existing line 0 EA $1,135.35 $0.00 W-20 Cut and plug existing line EA $1,080.00 $0.00 W-21 Miscellaneous Class A Concrete 41 SY $28.00 $1,148.00 2" RPZ 3 LS $2,250.00 $6,750.00 Fire Vault / PIV with Double Check 1 LS $13,305.14 $13,305.14 2- 12" Linestops( Includes: 12" Gate Valves, Solid Sleeves, Insert Valve Equipment) 1 LS $82,164.50 $82,164.50 SANITARY SEWER 2" Dia. PVC, san. Sewer pipe HDPE, depth 0- 6', incl. type II (No. 67 stone) bedding material 125 LF $12.11 $1,513.75 4" Dia. PVC, san. Sewer pipe SDR 35, depth 0-6', incl. type II (No. 67 stone) bedding material 211 LF $13.11 $2,766.21 S-1A 8" Dia. PVC, san. Sewer pipe SDR 35, depth 0-6', incl. type II (No. 67 stone) bedding material 700 LF $17.11 $11,977.00 S-3A 8" Dia. PVC, san. Sewer pipe SDR 35, depth 8-10', incl. type II (No. 67 stone) bedding material 305 LF $18.20 $5,551.00 S-19 Miscellaneous Sewer Pipe fittings and connections 1250 LBS $1.50 $1,875.00 S-20A Pre-cast san. Manhole, GDOT STD 1011A, Type 1, deoth 0-6', (48" Dia.)5 EA $1,347.30 $6,736.50 Attachment number 1Page 1 of 2 S-20B Pre-cast san. Manhole, GDOT STD 1011A, Type 1, deoth 0-6', (60" Dia.)EA $1,859.49 $0.00 S-21A Add. San. Manhole depth, Type 1, depth Class 1 (48" Dia.)28 VF $291.06 $8,149.68 S-21B Add. San. Manhole depth, Type 1, depth Class 1 (60" Dia.)VF $375.84 $0.00 S-29 Doghouse/Connector manhole, inc. base, cone, and ring and cover 1 EA $1,833.30 $1,833.30 S-30 6" sanitary sewer service, complete 7 EA $1,157.32 $8,101.24 S-31 Cut and plug existing sanitary sewer, diameter varies 4 EA $1,134.00 $4,536.00 S-32 Cut and plug existing sanitary manhole, 2 EA $1,242.00 $2,484.00 S-33 Tie new san. Sewer to existing manholes, diameter varies 3 EA $1,458.00 $4,374.00 Tie new San. Sewer to existing manholes with Outside Drop 1 EA $2,350.00 $2,350.00 Remove Existing 8" Sewer Line 250 LF $12.00 $3,000.00 Tie in 4" Forcemain 1 LS $1,349.00 $1,349.00 Furnish and install 2 (1000 gal.) tanks and grinder pumps (All electrical work to be performed by AUD) 1 LS $21,000.00 $21,000.00 PAVEMENT STRUCTURES P-1 Asphalt overlay, type F 1.5" thick, minimum 475 SY $8.75 $4,156.25 P-2 Graded aggregate base, 10.5" thick, 7' wide and asphalt patch 2.5" thick, including removal of 2.5" GAB and placement of bituminous tack coat 80 SY $26.00 $2,080.00 MISCELLANEOUS M-1 Flowable Fill 5 CY $94.99 $474.95 Stamped Concrete Sidewalk 50 SY $40.00 $2,000.00 Jack and Bore 16" Casing (50' water & 50' sewer)190 LF $200.00 $38,000.00 LS-1 Lump Sum Construction 1 LS 15% of Task $43,574.62 43492.39 TOTAL $377,564.50 Attachment number 1Page 2 of 2 Commission Meeting Agenda 2/15/2011 5:00 PM Approve Change Order to the existing Design Contract for Fort Gordon - Two 1.0 Million Gallon Elevated Storage Tank Project Department:Augusta Utilities Department Caption:Motion to approve change order to the existing design contract in the amount of $27,537.00 to Johnson, Laschober & Associates, P.C. (JLA) for additional design work to relocate the proposed Elevated Tank. (Approved by Engineering Services Committee February 7, 2011) Background:The privatization of utilities contract between Fort Gordon and Augusta Richmond County was awarded September 2007. The requirement of the contract includes executing the initial capital upgrades (ICU) of the water and wastewater systems throughout the installation of Fort Gordon. One of the initial capital upgrade projects is to provide a 1.0 Million Gallon Elevated Storage Tank, Analysis on the existing system and Demo the existing standpipe. The proposed site for Tank #1on 8th Avenue was confirmed to be within a waste area (SWMU-46) and has been documented to have ground contaminants. Presently, the site is under evaluation by GA EPD. Consequently, a suitable alternate location for this tank site has been determined by Fort Gordon for construction. In addition the analysis concludes that the tanks will need an additional .250 MG to meet Fort Gordon needs which will make both Tanks 1.25 MG each. This modification will allow JLA to survey the new location and finalize the design for construction. Analysis:AUD evaluated JLA Change Order to the existing Design Contract for Fort Gordon Two 1.0 Million Gallon Elevated Storage Tank Project. This proposal is considered fair and reasonable to accomplish the project. Financial Impact:The amount submitted for the design change order of this project was $27,537.00. These funds are available from the following account:507043410-5212115 / 88880072-5212115 Alternatives:1. Rejection of this change order would delay the existing design of the project and the subsequent construction of the Fort Gordon - Two 1.0 Million Gallon Elevated Storage Tanks. Recommendation:Recommend Commission approve change order to the existing design contract to JLA in the amount of $27,537.00 Funds are Available in the Following Accounts: $27,537.00 from account 507043410-5212115 / 88880072-5212115 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo E N G I N E E R S E N G I N E E R S E N G I N E E R S E N G I N E E R S ♦♦♦♦ D E S I G N E R S D E S I G N E R S D E S I G N E R S D E S I G N E R S ♦♦♦♦ C O N S U L T A N T S C O N S U L T A N T S C O N S U L T A N T S C O N S U L T A N T S ♦♦♦♦ L A N D S C A P E A R C H I T E C T SL A N D S C A P E A R C H I T E C T SL A N D S C A P E A R C H I T E C T SL A N D S C A P E A R C H I T E C T S CHANGE ORDER REQUEST PROJECT #: 3042.0802 DATE: October 28, 2010 TO: Stanley Aye SENT BY: Email: Sayer@augustaga.gov Augusta Utilities Department Engineering and Construction Division 360 Bay Street, Suite 180 Augusta, GA Ref: Project: 2 – 1 MG Elevated Storage Tanks(ESTs) and Demolition of 2.25 MG Standpipe (ICU-0072) Re: Request for Change of Scope to Upgrade the EST’s to 1.25 MG Capacity and to Relocate the 8th Ave. EST to the east side of the intersection of 5th Ave. and 44th St. By: Richard J. Laschober, P.E. Partner A. Reason for Change Order No. 5 and related Scope of Work: Reason for Change Order: The 8th Ave. site was confirmed to be within waste area SWMU-46, has been documented to have ground contaminants, and is presently under evaluation by GA EPD. Consequently, a suitable alternate location for this tank has been determined to allow work to proceed in a timely manner. B. Scope of Work for and Fee for Change Order No. 5: 1. Survey Work: Perform topographic survey of new tank site and along length of supply line from new tank to point of tie-in to the existing 20" transmission water line. Establish datum on new site and, as quality control check independently confirm that new EST site and existing Gate No. 3 EST site are on same datum. Fee for these items: …………………………………………………………………………..$5,497 2. Engineering Design -Revise drawings and specifications: a. Submit new tank location to FAA for determination of warning lights. b. Tank supply lines, valves, and mixing valves and overflow pipe resizing. Confirm maximum anticipated supply and withdrawal rates with Russel Thies, AUD and size pipes and appurtenances and capacity of existing distribution system to accommodate and receive the benefit of an upsized tank at each site. c. Prepare revised design and procurement package for submittal to GA EPD to include: i. Revise Drawings: Prepare revisions to Cover Sheet and drawings C001, C102 (Composite EST Site Plan (Site 2) only, C201, C202, C301 (Detail 11/C301 only) and C302 (Detail 11/C302 only). Delete drawings C101A and C101B and replace with C101 for new site, Delete C301 (Detail 13/C301 only) and Delete C302 (Detail 13 C302 only). Prepare additional drawings as may be required for an NPDES permit at the new tanks site. Assist in preparation of an NOI. ii. Revise Book Specifications – Front end documents and technical specifications to reflect upgraded EST capacity to 1.25 MG for composite tank construction and relocating the 8th Ave. EST to the east side of the intersection of 5th Ave. and 44th St. d. Fee for item B.2…………………...………………………………………………… $ 22,040 C. Total Additional Compensation for Basic Professional Services for C.O. #5, Items B.1 and B.2……………………...…………………………………………………………$ 27,537 D. Contract Amount Summary for Additional Services as a result of C.O. No. 5: 1. Existing Contract as modified by C.O. No. 1 through No.4 …………………………..$240,740 2. Net add to Total Compensation for C.O. No. 5 (Paragraph C, above)……………... $ 27,537 3. Total revised Compensation for Basic Professional Services of original contract….$268,277 Attachment number 1Page 1 of 1 Commission Meeting Agenda 2/15/2011 5:00 PM Approve Change Order Number Three and Proposal for Inspection Services and CAD Services for various projects under the Main Interceptor Upgrade Phase 2 (Project 80300007) design contract. Department:Tom Wiedmeier, P.E., Director Augusta Utilities Department Caption:Motion to approve subject Change Order Number Three and proposal from Stevenson & Palmer Engineering, Inc. in the amount of $97,630 for inspection services and CAD services for Augusta Utilities Department. (Approved by Engineering Services Committee February 7, 2011) Background:The Utilities Department awarded a construction contract dealing with specialty sewerage conveyance pipe. The project, Main Interceptor Phase 2, was designed by Stevenson & Palmer Engineering. Analysis:The Utilities Department has numerous projects under construction at this time and the in-house inspection staff is already spread quite thin. Stevenson & Palmer Engineering has an experienced inspector available with numerous years of background in engineering and construction practices and is available to utilize for projects under Change Order Three to the Stevenson and Palmer Engineering Contract. Financial Impact:$97,630 in funding is available from 507043420-5212115/80300007- 5212115 Alternatives:No alternatives are recommended Recommendation:Augusta Utilities Department recommends approval of the proposal and Change Order Number Three to the Main Interceptor Upgrade Phase 2 design contract from Stevenson & Palmer, Inc. in the amount of $97,630 for inspection services and CAD services associated with on-going utility project inspections and design. Funds are Available in the Following Accounts: FUNDS AVAILABLE IN THE FOLLOWING ACCOUNTS: 507043420- 5212115/80300007-5212115 REVIEWED AND APPROVED BY: Finance. Procurement. Law. Cover Memo Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 8 Attachment number 1Page 2 of 8 Attachment number 1Page 3 of 8 Attachment number 1Page 4 of 8 Attachment number 1Page 5 of 8 Attachment number 1Page 6 of 8 Attachment number 1Page 7 of 8 Attachment number 1Page 8 of 8 Commission Meeting Agenda 2/15/2011 5:00 PM Barbara Coping Department:Clerk of Commission Caption:Consider a request from Ms. Barbara Coping for a waiver from garbage collection fees for the property at 1615 Cornell Drive. (No recommendation from Engineering Services Committee February 7, 2011) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 2/15/2011 5:00 PM GPS/Surveying Equipment and Associated Services – Bid#10-200 Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to approve and authorize AED to accept the proposal from Duncan- Parnell Geodetic Product Solution to supply GPS/Surveying equipment, associated services and training in the use and maintenance of such equipment in the amount of $78,405.00, subject to receipt of signed contract as requested by AED. Funding is available from Capital Project Budget 272- 041110. (Approved by Engineering Services Commttee February 7, 2011) Background:AED has designed several projects in-house that resulted in significant resource saving in terms of labor and time. However, surveying is a critical component of all engineering design and AED has very limited resource in this area. AED provides surveying services to other county departments as well. AED is in need of improving its surveying capabilities to further enhance and improve work efficiency and having the ability to address drainage and infrastructure issues effectively and in a timely manner. Analysis:Bids were received on December 17, 2010 with Duncan-Parnell, being the low responsible bidder. The bid results are as follow: FIRMS BID 1. Duncan-Parnell Geodetic Product Solutions $78,405.00 2. Leica Geosystems, Inc $78,496.00 It is the Engineering Department recommendation to award this project to the low responsible bidder, Duncan-Parnell, subject to receipt of signed contract. Acceptance of this bid will provided much of the needed resources to enhance AED’s ability to complete in-house designs. Financial Impact:Funds are available in Capital Project Budget account 272-041110-5424910 upon Commission approval. Alternatives:1) Approve and authorize AED to accept the proposal from Duncan-Parnell Geodetic Product Solution to supply GPS/Surveying equipment, associated services and training in the use and maintenance of such equipment in the amount of $78,405.00, subject to receipt of signed contract as requested by AED. Funding is available from Capital Project Budget 272-041110. 2) Do not approve and delay the completion of drainage and infrastructure issues. Recommendation:Approve Alternative Number One Funds are Available in the Following Accounts: 272041110-5424910 Cover Memo REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Invitation To Bid Sealed bids will be received at this office until 11:00 a.m. Friday, December 10, 2010 for furnishing: Bid Item #10-200 GPS/Surveying Equipment & Associated Services for Engineering Department Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 706-821-2422 Bid documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. Documents may be examined during regular business hours at the offices of Augusta, GA Procurement Department. All questions must be submitted in writing to the office of the Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. All questions are to be submitted in writing by Friday, December 3, 2010 by 5:00 p.m. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark BID number on the outside of the envelope. Bidders are cautioned that sequestration of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. 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 18, 25, 30, December 2, 2010 Metro Courier November 24, 2010 cc: Tameka Allen Interim Deputy Administrator Abie Ladson Engineering Department Hameed Malik Engineering Department Attachment number 1Page 1 of 1 DU N C A N - P A R N E L L G E O D E T I C PR O D U C T S O L U T I O N S 12 0 8 C O P E L A N T O A K S D R I V E MO R R I S V I L L E , N C 2 7 5 6 0 LE I C A 15 5 0 B O G G S R O A D , S T E 1 0 0 DU L U T H G A 3 0 0 9 6 RO P E R L A S E R C O I N C 11 7 1 S M A R I E T T A P K W Y MA R I E T T A G A 3 0 0 6 0 EA R L D U D L E Y 19 5 5 E V E R G R E E N B L V D AT L A N T A G A EG P S S O L U T I O N S 43 1 7 P A R K D R I V E , S T E 2 0 0 NO R C R O S S , G A 3 0 0 9 3 HA Y E S I N S T R U M E N T C O . I N C . 50 2 S C A N N O N B L V D . SH E L B Y V I L L E , T N 3 7 1 6 0 GP S N E T W O R K R E C E I V E R S Y S 19 5 5 E V E R G R E E N B L V D , S T E 5 0 AT L A N T A , G A 3 0 0 9 6 YE S Y E S YE S Y E S YE S Y E S $2 0 , 1 2 0 . 0 0 $ 2 7 , 5 0 8 . 0 0 $2 4 , 5 2 0 . 0 0 $ 2 3 , 2 5 2 . 0 0 $2 3 , 9 6 5 . 0 0 $ 2 7 , 7 3 6 . 0 0 $5 , 0 0 0 . 0 0 I N C L U D E D $0 . 0 0 I N C L U D E D $7 3 , 6 0 5 . 0 0 $ 7 8 , 4 9 6 . 0 0 Ite m # Ex h i b i t A P r i c i n g 1 GP S B a s e S t a t i o n R e c e i v e r w/ A n t e n n a a n d C a b l i n g $1 , 3 0 0 . 0 0 $ 1 4 , 5 1 8 . 0 0 2 I n s t a l l a t i o n o f B a s e S t a t i o n $5 , 0 0 0 . 0 0 $ 3 , 5 0 0 . 0 0 3 Ba s e S t a t i o n S o f t w a r e w i t h Ma i n t e n a n c e S u p p o r t $1 , 6 2 0 . 0 0 $ 3 , 1 5 0 . 0 0 4 A c c e s s t o G P S N e t w o r k $0 . 0 0 $ 3 , 8 4 0 . 0 0 5 A c c e s s t o G P S N e t w o r k $0 . 0 0 $ 0 . 0 0 6 Al l D a t a L o g g i n g , Do c u m e n t a t i o n , F i l i n g a n d W o r k Ne c e s s a r y $5 0 0 . 0 0 $ 2 , 5 0 0 . 0 0 Ite m # Ex h i b i t B P r i c i n g 1 GP S R o v e r R e c e i v e r a n d An t e n n a $1 7 , 3 4 0 . 0 0 $ 1 3 , 7 1 2 . 0 0 2 Ba t t e r y C h a r g e r w i t h T w o Ba t t e r i e s IN C L U D E D I N 1 $ 9 2 0 . 0 0 3 Ha r d C a s e f o r S t o r a g e a n d Tr a n s p o r t IN C L U D E D I N 1 $ 1 6 0 . 0 0 4 H a n d H e l d D a t a C o l l e c t o r $3 , 8 7 0 . 0 0 $ 3 , 6 4 7 . 0 0 5 Of f i c e S o f t w a r e f o r Up l o a d i n g / D o w n l o a d $0 . 0 0 $ 5 4 2 . 0 0 6 Of f i c e S o f t w a r e f o r P r o c e s s i n g RT K a n d P o s t - P r o c e s s i n g R a w $2 , 5 5 0 . 0 0 $ 3 , 8 8 9 . 0 0 7 On e C a r b o n F i b e r o r C o m p o s i t e (L i g h t ) P o l e $3 0 0 . 0 0 $ 1 6 3 . 0 0 8 On e P o l e B r a c k e t a n d C r a d l e As s e m b l y $3 1 5 . 0 0 $ 1 1 2 . 0 0 9 O n e B i p o d , T h u m b R e l e a s e $1 4 5 . 0 0 $ 1 0 7 . 0 0 10 Fi v e F u l l D a y s o n O n - S i t e Tr a i n i n g IN C L U D E D I N S U M M A R Y IN C L U D E D NO N - C O M P L I A N T MIS S I N G A T T A C H M E N T B AN D B I D D E R S F O R M NO N - C O M P L I A N T MIS S I N G A T T A C H M E N T B A N D BI D D E R S F O R M DID N O T A C K N O W L E D G E AD D E N D U M On S i t e T r a i n i n g f o r S u r v e y E q u i p m e n t a n d So f t w a r e ( u p t o 5 p e o p l e ) f o r f i v e d a y s Ad d e n d u m Bi d I t e m # 1 0 - 2 0 0 GP S / S u r v e y i n g E q u i p m e n t & A s s o c i a t e d S e r v i c e s fo r t h e C i t y o f A u g u s t a - E n g i n e e r i n g D e p a r t m e n t Bi d D u e : F r i d a y , D e c e m b e r 1 7 , 2 0 1 0 @ 1 1 : 0 0 a . m . GP S S u r v e y i n g B a s e S t a t i o n U n i t P a c k a g e GP S S u r v e y i n g R o v e r U n i t P a c k a g e Te c h n i c a l S u p p o r t a n d A s s i s t a n c e f o r Eq u i p m e n t a n d S o f t w a r e (2 y e a r s m i n i m u m ) IT E M S VE N D O R S At t a c h m e n t B Bi d d e r s F o r m TO T A L 5” R o b o t i c T o t a l S t a t i o n P a c k a g e - [ s e e Ex h i b i t C f o r d e t a i l a n d p r o v i d e i t e m i z e d pr i c e ] Pa g e 1 o f 2 Attachment number 2Page 1 of 2 DU N C A N - P A R N E L L G E O D E T I C PR O D U C T S O L U T I O N S 12 0 8 C O P E L A N T O A K S D R I V E MO R R I S V I L L E , N C 2 7 5 6 0 LE I C A 15 5 0 B O G G S R O A D , S T E 1 0 0 DU L U T H G A 3 0 0 9 6 RO P E R L A S E R C O I N C 11 7 1 S M A R I E T T A P K W Y MA R I E T T A G A 3 0 0 6 0 EA R L D U D L E Y 19 5 5 E V E R G R E E N B L V D AT L A N T A G A EG P S S O L U T I O N S 43 1 7 P A R K D R I V E , S T E 2 0 0 NO R C R O S S , G A 3 0 0 9 3 HA Y E S I N S T R U M E N T C O . I N C . 50 2 S C A N N O N B L V D . SH E L B Y V I L L E , T N 3 7 1 6 0 GP S N E T W O R K R E C E I V E R S Y S 19 5 5 E V E R G R E E N B L V D , S T E 5 0 AT L A N T A , G A 3 0 0 9 6 Bi d I t e m # 1 0 - 2 0 0 GP S / S u r v e y i n g E q u i p m e n t & A s s o c i a t e d S e r v i c e s fo r t h e C i t y o f A u g u s t a - E n g i n e e r i n g D e p a r t m e n t Bi d D u e : F r i d a y , D e c e m b e r 1 7 , 2 0 1 0 @ 1 1 : 0 0 a . m . VE N D O R S Ite m # Ex h i b i t C P r i c i n g 1 O n e 5 ” R o b o t i c T o t a l S t a t i o n $2 2 , 7 4 5 . 0 0 $ 1 9 , 6 2 9 . 5 0 2 B a t t e r y C h a r g e r IN C L U D E D I N 1 $ 3 8 3 . 5 0 3 H a r d C a s e f o r S t o r a g e IN C L U D E D I N 1 $ 1 4 5 . 0 0 4 H a n d H e l d D a t a C o l l e c t o r IN C L U D E D I N 1 $ 4 , 7 5 3 . 5 0 5 Of f i c e S o f t w a r e f o r Up l o a d i n g / D o w n l o a d $4 4 5 . 0 0 $ 4 8 8 . 0 0 6 O n e 3 6 0 P r i s m & A c c e s s o r i e s IN C L U D E D I N 1 $ 1 , 7 1 6 . 0 0 7 On e T e l e s c o p i c R o d , 8 F o o t Mi n i m u m $3 3 5 . 0 0 $ 1 7 5 . 0 0 8 On e P o l e B r a c k e t a n d C r a d l e As s e m b l y IN C L U D E D I N 1 $ 1 0 4 . 0 0 9 O n e B i p o d , T h u m b R e l e a s e $1 4 5 . 0 0 $ 1 1 4 . 0 0 10 O n e H e a v y D u t y T r i p o d $2 9 5 . 0 0 $ 2 2 7 . 5 0 11 Fi v e F u l l D a y s o n O n - S i t e Tr a i n i n g IN C L U D E D I N T H E S U M M A R Y NO C H A R G E Pa g e 2 o f 2 Attachment number 2Page 2 of 2 Attachment number 3Page 1 of 3 Attachment number 3Page 2 of 3 Attachment number 3Page 3 of 3 Attachment number 4Page 1 of 3 Attachment number 4Page 2 of 3 Attachment number 4Page 3 of 3 Commission Meeting Agenda 2/15/2011 5:00 PM I-20 Eastbound/Riverwatch Ramp 10-151-CSA Award Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to approve and award Design Consultant Services Agreement to LPA Group for the Capital Project Budget in the amount of $245,878 for the initial phases of the Riverwatch Parkway at I-20 Corridor Improvements Project to be funded from SPLOST Phase VI as requested by AED. (Approved by Engineering Services Committee February 7, 2011) Background:The Riverwatch Parkway corridor in the vicinity of Interstate 20 is one of the more heavily traveled routes in Augusta-Richmond County, carrying approximately 30,000 vehicles per day. This corridor is one of the primary routes from West Augusta and Columbia County into the Augusta Downtown and Medical District and experiences congestion during peak periods of travel which can be attributed to several factors including lack of left-turn capacity, lack of signal interconnectivity and unbalanced lane utilization. The purpose of this project is to identify, analyze, model, and design improvements along this corridor to improve traffic flow along the corridor in accordance with Federal Highway Administration as well as the Georgia Department of Transportation Plan Development Process requirements. In August 2010, Request for Qualifications was released for qualified firms to provide design services along the Riverwatch Parkway corridor to improve the traffic Flow. Analysis:The following firms were evaluated based on qualifications, project approach, experience, and interviews in September 2010. The following firms submitted RFQs and were evaluated: 1. Khafra Engineering Consultants, Inc. 2. Kimley-Horn and Associates 3. LAI Engineering 4. LPA Group 5. Pond and Company 6. QK4 7. Street Smarts 8. URS Corporation LPA Group was selected based on the evaluation procedures used for this project. Financial Impact:Funds are available in SPLOST Phase VI. Alternatives:1) Approve and award Design Consultant Services Agreement to LPA Group for the Capital Project Budget in the amount of $245,878 for the initial phases of the Riverwatch Parkway at I-20 Corridor Improvements Project to be funded from SPLOST Phase VI for the Engineering Department. 2) Do not approve Recommendation:Approve Alternative Number One. Funds are Available in Cover Memo the Following Accounts:SPLOST PHASE VI 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 adopted: Section 1: This project is set up and authorized to CPB#N/A. This project is for the initial phases of the Riverwatch Parkway at I-20 Corridor Improvements. Funding is available in the amount of $245,878 is available in SPLOST Phase VI. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase VI 245,878$ 245,878$ Section 3: The following amounts are appropriated for the project: By Basin By District Phinizy 245,878$ CAPITAL PROJECT BUDGET I-20 Eastbount/Riverwatch Ramp 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 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 1 of 4 1.24.2011 Attachment number 1Page 1 of 4 Augusta-Richmond County, Georgia CAPITAL PROJECT BUDGET I-20 Eastbount/Riverwatch Ramp CPB AMOUNT NEW SOURCE OF FUNDS CPB CPB SPLOST PHASE VI $245,878 $245,878 TOTAL SOURCES: $245,878 $245,878 USE OF FUNDS ENGINEERING 000000-5212115 $245,878 $245,878 TOTAL USES:$245,878 $245,878 2 of 4 1.24.2011 Attachment number 1Page 2 of 4 Section 1: This project is set up and authorized to CPB#N/A. This project is for the initial phases of the Riverwatch Parkway at I-20 Corridor Improvements. Funding is available in CPB#N/A xecution. For xecution. For 3 of 4 1.24.2011 Attachment number 1Page 3 of 4 CPB#N/A 4 of 4 1.24.2011 Attachment number 1Page 4 of 4 Evaluation Criteria PTS KHAFRA 535 CHESTNUT ST, STE 200 CHATTANOOGA TN 37402 KIMLEY-HORN 3169 HOLCOMB BRIDGE RD NORCROSS GA 30071 LAI ENGINEERING 1800 PARKWAY PLACE MARIETTA GA 30067 LPA GROUP 3595 ENGINEERING DRIVE NORCROSS GA 30092 POND & COMPANY 3500 PARKWAY LANE STE 600 NORCROSS GA 30092 QK4 3169 HOLCOMB BRIDGE RD #455 NORCROSS GA 30071 STREET SMARTS INC 3160 MAIN STREET STE 100 DULUTH GA 30096 URS 400 N PARK TOWN CENTER 100 ABERNATHY ROAD NE STE 900 1) Qualifications of Company 25 16.0 20.0 20.0 19.7 18.0 15.7 13.3 22.0 2) Qualifications of Key Personnel that will actually perform the design services 30 16.0 25.0 23.0 20.7 23.7 16.3 16.3 25.0 3) Experience on similar Georgia DOT projects 25 11.7 19.3 20.3 20.0 14.3 17.7 10.7 22.0 4) References including specific individuals, address, phone number, and e-mail address 15 9.2 15.0 7.5 15.0 12.7 9.0 9.0 10.8 5) 3UR[LPLW\WR$XJXVWD±3RLQWV Within Augusta Richmond County - 5 pts Within the CSRA - 4 pts Within Georgia - 3 pts Within SE United States - 2 pts (includes AL, TN, NC, SC, FL) All Others - 1 pt 5 5.0 4.3 4.3 3.0 4.3 3.0 3.0 3.7 Total 100 57.8 83.7 75.2 78.3 73.0 61.7 52.3 83.5 7 1 4 3 5 6 8 2 2.0 1.7 2.3 Cumulative Evaluation Sheet RFQ Item #10-151 Riverwatch Parkway @ Interstate 20 Corridor Improvements for the City of Augusta - Engineering Department Thursday, October 5, 2010 Ranking Presentation Ranking Attachment number 2Page 1 of 1 REQUEST FOR QUALIFICATIONS Request for Qualifications will be received at this office until Tuesday, August 24, 2010 @ 11:00 a.m. for furnishing: RFQ Item #10-151 Riverwatch Parkway @ I-20 Corridor Improvements for Engineering Department RFQ Item #10-152 15th Street Pedestrian Improvements for Engineering Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street – Room 605, Augusta, GA 30901. A Mandatory Pre-Qualifications Conference will be held on Friday, August 6, 2010 @ 11:00 a.m. in the Procurement Department – Room 605. All questions must be submitted in writing to the office of the Procurement Department by Tuesday, August 10, 2010 @ 5:00 p.m. by fax at 706-821-2811 or by mail. No RFQ will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the Procurement Department with your bonafide bid package. No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening. An invitation for bids shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the invitation to bid including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waiveable or modifiable by the Procurement Director. Please mark RFQ number on the outside of the envelope. Bidders are cautioned that sequestration of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Augusta-Richmond County, Georgia does not operate a DBE, MBE or WBE Program but rather pursuant to its code of ordinances, this local government operates instead a Local Small Business Opportunity Program. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle July 15, 22, 29, August 5, 2010 Metro Courier July 21, 2010 cc: Tameka Allen Interim Deputy Administrator Abie Ladson Engineering Department Steve Cassell Engineering Department Attachment number 3Page 1 of 1 VENDORS Attachment B Bidders Form Original 6 Copies Addendum KHAFRA 535 CHESTNUT ST, STE 200 CHATTANOOGA TN 37402 YES YES YES YES YES KIMLEY-HORN 3169 HOLCOMB BRIDGE RD NORCROSS GA 30071 YES YES YES YES YES LAI ENGINEERING 1800 PARKWAY PLACE MARIETTA GA 30067 YES YES YES YES YES LPA GROUP 3595 ENGINEERING DRIVE NORCROSS GA 30092 YES YES YES YES YES POND & COMPANY 3500 PARKWAY LANE STE 600 NORCROSS GA 30092 YES YES YES YES YES QK4 3169 HOLCOMB BRIDGE RD #455 NORCROSS GA 30071 YES YES YES YES YES STREET SMARTS INC 3160 MAIN STREET STE 100 DULUTH GA 30096 YES YES YES YES YES URS 400 N PARK TOWN CENTER 100 ABERNATHY ROAD NE STE 900 ATLANTA GA 30328 YES YES YES YES YES HEATH & LINEBACK ENG 2390 CANTON ROAD BLDG 200 MARIETTA GA 30066 MOORE AND ASSOCIATES 1009 EAST AVENUE NORTH AUGUSTA SC 29841 EMC ENGINEERING 4106 COLBEN BLVD STE 105 EVANS GA 30809 R.S. & H. 730 PEACHTREE ST STE 430 ATLANTA GA 30308 RFQ Item #10-151 Riverwatch Parkway @ Interstate 20 Corridor Improvements for the City of Augusta - Engineering Department RFQ Due: Tuesday, August 24, 2010 @ 11:00 a.m. NON-COMPLIANT Attachment B Missing Pages 1 and 2 Did not return Bidders Form Submitted No-Bid Response Letter Page 1 of 1 Attachment number 4Page 1 of 1 Attachment number 5Page 1 of 1 Attachment number 6Page 1 of 2 Attachment number 6Page 2 of 2 Attachment number 7Page 1 of 6 Attachment number 7Page 2 of 6 Attachment number 7Page 3 of 6 Attachment number 7Page 4 of 6 Attachment number 7Page 5 of 6 Attachment number 7Page 6 of 6 Attachment number 8Page 1 of 3 Attachment number 8Page 2 of 3 Attachment number 8Page 3 of 3 Commission Meeting Agenda 2/15/2011 5:00 PM Proposed Consent Agreement and Final Order Department:Utilities Caption:Motion to approve Consent Agreement and Final Order from U.S.E.P.A. in the amount of $51,800.00. (Approved by Engineering Services Committee February 7, 2011) Background:AUD currently uses gas chlorine at its groundwater treatment plants for disinfection of treated water. The chlorine feed apparatus includes two tanks manifolded together, with an automatic device that switches from the in-use tank to a full tank when the in-use tank is empty. This apparatus includes a standard vent system to vent small amounts of chlorine gas during switchover of the tanks. Sometime during the morning of Sunday June 13, 2010, the switchover of tanks described above activated automatically at Groundwater Plant 1 on Peach Orchard Road. The automatic device hung open during the process, and chlorine gas continued to vent after the tanks had switched. The release was at a slow rate over an extended period of time, and was vented outside the building. Because of the slow rate of release and venting to atmosphere, there was not a danger of a hazardous accumulation of chlorine. At 11:32 that morning an operator trainee was conducting rounds of the groundwater plants and detected a chemical odor. He contacted the lead operator at the Hicks Plant, and the on-call mechanic was called in. Once on-site, the mechanic recognized immediately what was happening and stopped the release. The release was over the reportable quantity defined by EPA of 10 lbs. The operator trainee had not yet received AUD’s standard hazmat training, as at the time, this training was conducted annually. The operator trainee was not aware of reporting requirements for release of hazardous materials. He also was not aware of requirements that releases be reported to the Local Emergency Planning Council. Once AUD management was made aware of the incident, the release was reported immediately. Maintenance records indicated that the malfunctioning switchover device had been serviced seven months prior to the incident; the manufacturer recommends annual preventive maintenance. Analysis:The following steps have been taken to insure the safety of staff and public, and that our response to potential future incidents is consistent with all Federal and State regulations: • All operator trainees receive hazmat training as soon as possible after hire. They are not allowed to conduct rounds of remote treatment sites alone until this training is held. • All operations and maintenance personnel have received refresher hazmat training, including Federal and State reporting requirements. • Department policies and procedures have been strengthened to insure that AUD’s management team is notified of all potentially hazardous situations, especially outside of normal working hours. Also, funds were budgeted in 2011 to change from gas chlorine to sodium hypochlorite for disinfection at the three groundwater Cover Memo plants. Sodium hypochlorite is a less hazardous disinfectant. Financial Impact:Potential fines for not adhering to the reporting requirements total $132,800. EPA has proposed an adjusted penalty of $51,800, based on AUD’s cooperation, and our willingness to recommend acceptance of the proposed Consent Agreement. Funds are available in 506043530-5212123. Alternatives:Commission could opt to contest the proposed Consent Agreement and ask for a formal hearing, however EPA could then pursue the maximum penalties of $132,800. Recommendation:Commission could opt to contest the proposed Consent Agreement and ask for a formal hearing, however EPA could then pursue the maximum penalties of $132,800. Funds are Available in the Following Accounts: Funds are available in 506043530-5212123. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 8 Attachment number 1Page 2 of 8 Attachment number 1Page 3 of 8 Attachment number 1Page 4 of 8 Attachment number 1Page 5 of 8 Attachment number 1Page 6 of 8 Attachment number 1Page 7 of 8 Attachment number 1Page 8 of 8 Commission Meeting Agenda 2/15/2011 5:00 PM Purchase of additional wetland mitigation credits for AUD Fort Gordon Forcemain project. Department:Augusta Utilities Department Caption:Motion to approve funding in the amount of $55,885.00 for the purchase of additional wetland mitigation credits to offset wetland areas disturbed during the Fort Gordon Forcemain Sanitary Sewer Connection project. (Approved by Engineering Services Committee February 7, 2011) Background:The Fort Gordon Forcemain Sanitary Sewer is a sewer forcemain connecting the fort to the Spirit Creek trunkline. This forcemain will serve approximately 70% of the base flow and will complete the Municipal Services Agreement connection contract signed in September 2006. The sewer line will be constructed through a wetland area, requiring an additional 11.97mitigation credits for the wetland impacts and 235mitigation credits for stream impacts. These credits must be purchased prior to the beginning of construction with proof of purchase presented to the US Army Corps of Engineers. Phinizy Mitigation Bank was contacted to provide wetland mitigation credits and Bath Branch Mitigation Bank was contacted to provide stream credits. Analysis:Both mitigation banks were contacted, and they have provided an invoice for the purchase of wetland mitigation credits. Financial Impact:The cost to purchase these credits is $55,885.00. These funds are available from account 507043420/5212115- 80600040/5212115 Alternatives:The alternatives are: 1. Do not purchase the credits and place the project on hold. 2. Proceed with the current plan to purchase credits from the respective banks. Recommendation:Approve funding in the amount of $55,885.00 for the purchase of wetland mitigation credits to offset wetland and stream areas disturbed during the Fort Gordon Forcemain Sanitary Sewer Connection project. Funds are Available in the Following Accounts: $55,885.00 from account 507043420/5212115- 80600040/5212115 REVIEWED AND APPROVED BY:Cover Memo Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Commission Meeting Agenda 2/15/2011 5:00 PM Right-of-Way Use Determination Department:Law Caption:Motion to determine that a portion of Oakdale Avenue, as shown on the attached plat and consisting of approximately 0.22 acre (9,574.00 square feet), has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7- 2, with the abandoned property to be quit-claimed to the appropriate party (ies), and an easement to be retained over the entire abandoned portion for existing or future utilities. (Approved by Engineering Services Committee February 7, 2011) Background:The Engineering Department has requested to abandon a portion of Oakdale Avenue. This portion of Oakdale Avenue was never developed or paved and dead-ends into Pineview Drive. This property does not serve any parcels with residences or structures. The abandonment request has been reviewed by all essential county departments and administrators and no objections were made to this abandonment request. The Engineering Department requests that an easement be retained over the entire abandoned portion for existing or future utilities. The legal description and plat of the portion of Oakdale Avenue to be abandoned are attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing. Alternatives:Approve or deny request to determine that a portion of Oakdale Avenue be abandoned. Recommendation:Approve determination regarding request for abandonment of said portion of Oakdale Avenue, with a public hearing to be held regarding the issue of abandonment pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies), and an easement to be retained over the entire abandoned portion for existing or future utilities. Funds are Available in the Following Accounts: Cover Memo REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Attachment number 2Page 1 of 1 Commission Meeting Agenda 2/15/2011 5:00 PM Right-of-Way Use Determination Department:Law Caption:Motion to determine that a portion of Robert C. Daniel, Jr. Parkway, as shown on the attached plat and consisting of approximately 0.101 acre (144.60 square feet), has ceased to be used by the public to the extent that no substantial public purpose is served by it or that its removal from the county road system is otherwise in the best public interest, pursuant to O.C.G.A. §32-7-2, with the abandoned property to be quit-claimed to the appropriate party(ies). (Approved by Engineering Services Committee February 7, 2011) Background:The Engineering Department has been requested to abandon a portion of Robert C. Daniel, Jr. Parkway. This portion of Robert C. Daniel, Jr. Parkway was taken in condemnation by the Georgia Department of Transportation as part of right-of-way work for Robert C. Daniel, Jr. Parkway. The Georgia Department of Transportation has recently re- conveyed the property back to Augusta, Georgia by deed dated November 22, 2010. This property does not serve any parcels with residences or structures. The abandonment request has been reviewed by all essential county departments and administrators and no objections were made to this abandonment request. The Engineering Department requests that a binding agreement be executed by all parties to ensure the stormwater drainage on Parcel C be kept in place until the site’s proposed stormwater system plan is approved by the Engineering Department and constructed in accordance with the proposed approved plan, at which time the existing parcel and stormwater system will no longer be required or needed by Augusta, Georgia. Also, the design firm will be required to provide a study to show existing drainage system will handle any water runoff and provide a site plan to address detention of any water at this site. The legal description and plat of the portion of Robert C. Daniel, Jr. Parkway to be abandoned are attached. Analysis:In addition to the information provided in the above Background section, publication notices will be made for a public hearing to be held, with results to be presented to the Commission. Notice to the property owners located thereon will be made, pursuant to O.C.G.A. §32-7-2(b)(1). Financial Impact:Cost of publication and advertisement of public hearing Alternatives:Approve or deny request for determination of no substantial use regarding abandonment of portion of Robert C. Daniel, Jr. Parkway.Cover Memo Recommendation:Approve determination of no substantial use regarding request for abandonment of said portion of Robert C. Daniel, Jr. Parkway, subject to the Engineering Department’s request for restrictions and/or easements to ensure the existing stormwater drainage on Parcel C be kept in place until the site’s proposed stormwater system plan is approved by the Engineering Department and constructed in accordance with the proposed approved plan, at which time the existing parcel and stormwater system will no longer be required or needed by Augusta, Georgia. Also, the design firm will be required to provide a study to show existing drainage system will handle any water runoff and provide a site plan to address detention of any water at this site. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 PROPERTY DESCRIPTION: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN THE 90TH GEORGIA MILITIA DISTRICT, CITY OF AUGUSTA, RICHMOND COUNTY, STATE OF GEORGIA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE POINT OF COMMENCEMENT, BEING A CONCRETE MONUMENT FOUND AT THE INTERSECTION OF THE NORTHERN RIGHT-OF-WAY LINE OF WALTON WAY EXTENSION AND THE EASTERN RIGHT-OF-WAY LINE OF ROBERT C. DANIEL PARKWAY; THENCE, ALONG THE EASTERN RIGHT-OF-WAY LINE OF ROBERT C. DANIEL PARKING NORTH 02°49'30" WEST A DISTANCE OF 62.31 FEET TO A #4 REBAR SET; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 50°00'15" EAST A DISTANCE OF 58.00 FEET TO A CONCRETE MONUMENT FOUND; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE SOUTH 52°33'38" EAST A DISTANCE OF 19.16 FEET TO A CONCRETE MONUMENT FOUND; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 51°00'38" EAST A DISTANCE OF 10.49 FEET TO A CONCRETE MONUMENT FOUND; THENCE, CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH 24°16'05" WEST A DISTANCE OF 20.07 FEET TO A CONCRETE MONUMENT FOUND; THENCE, CONTINUING ALONG THE EASTERN RIGHT-OF-WAY LINE OF ROBERT C. DANIEL PARKWAY NORTH 50°00'15" EAST A DISTANCE OF 102.38 FEET TO A CONCRETE MONUMENT FOUND, BEING THE POINT OF BEGINNING; THENCE TURNING AND LEAVING SAID RIGHT-OF-WAY LINE SOUTH 68°21’15” EAST A DISTANCE OF 56.95 FEET TO A CONCRETE MONUMENT FOUND, THENCE TURNING NORTH 49°41’59” EAST A DISTANCE OF 37.47 FEET TO A CONCRETE MONUMENT FOUND; THENCE TURNING NORTH 43°06’36” WEST A DISTANCE OF 50.18 FEET TO A CONCRETE MONUMENT FOUND ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF ROBERT C. DANIEL PARKWAY; THENCE ALONG SAID RIGHT-OF-WAY LINE SOUTH 49°49’55” EAST A DISTANCE OF 61.80 FEET TO A CONCRETE MONUMENT FOUND, KNOWN AS THE POINT OF BEGINNING. CONTAINING 0.06 ACRE (2,483 SQUARE FEET) Attachment number 2Page 1 of 1 Commission Meeting Agenda 2/15/2011 5:00 PM Traffic Safety Improvements Department:Abie L. Ladson, PE, CPESC, Director of Engineering Caption:Motion to approve ARC to supplement the Kroc Center’s contract with B&E Electrical in the amount of $129,241 to upgrade the traffic signal at Broad Street and Eve Street as well as improve pedestrian facilities and provide signal interconnectivity to Crawford Avenue. Funding is available in the Traffic Safety Improvements project account CPB 324-041110- 202824020 as requested by AED. (Approved by Engineering Services Committee February 7, 2011) Background:In conjunction with the construction of their facility, the Kroc Center has contracted with B&E Electrical to upgrade the existing traffic signal at Broad Street and Crawford Avenue to include mast arms, LED’s, and improved pedestrian facilities. The purpose of this project is to supplement their contract with B&E to provide a similar upgrade to the traffic signal at Broad Street and Eve Street. This project will include the upgrade of the signal to black powder-coated mast arms, LED’s, associated signal equipment, interconnection with Crawford Avenue signal as well as upgraded pedestrian facilities. Analysis:Providing this upgrade in connection with the Crawford Avenue signal upgrade will provide a much-needed upgrade while avoiding future disturbance of the new sidewalk, landscaping, and street lighting that will be installed as part of the development of the Kroc Center property. Financial Impact:Funds are available in Traffic Safety Improvement contingency account to be transferred to the project account upon Commission approval. Alternatives:1) Approve ARC to supplement the Kroc Center’s contract with B&E Electrical in the amount of $129,241 to upgrade the traffic signal at Broad Street and Eve Street as well as improve pedestrian facilities and provide signal interconnectivity to Crawford Avenue. Funding is available in the Traffic Safety Improvements project account CPB 324-041110-202824020 as requested by AED. 2) Do not approve and upgrade signal at a later date will result in increased costs due to sidewalk, landscaping, and street lighting replacement Recommendation:Approve Alternative Number One. Funds are Available in the Following Accounts: 324-041110-6011110/202824020-6011110 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 adopted: Section 1: This project is set up and authorized to CPB324-041110-202824020. This project supplements the Kroc Center's contract with B&E Electrical in the amount of $129,241 to upgrade the traffic signal at Broad and Eve St. and improve pedestrian facilities and provide signal interconnectivty to Crawford Ave. Funding is available in the project account. Section 2: The following revenues are anticipated to be available to the Consolidated Government to complete the project. SPLOST Phase IV 129,241$ 129,241$ Section 3: The following amounts are appropriated for the project: By Basin By District Phinizy 129,241$ CPB#324-041110-202824020 CAPITAL PROJECT BUDGET Traffic Safety Improvements 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 1 of 4 1.24.2011 Attachment number 1Page 1 of 4 Augusta-Richmond County, Georgia CPB#324-041110-202824020 CAPITAL PROJECT BUDGET Traffic Safety Improvements CPB AMOUNT NEW SOURCE OF FUNDS CPB CPB SPLOST PHASE IV -129241 -129241 TOTAL SOURCES: ($129,241) ($129,241) USE OF FUNDS OTHER INFRASTRUCTURE $129,241 $129,241 324-041110-5414910 TOTAL USES:$129,241 $129,241 2 of 4 1.24.2011 Attachment number 1Page 2 of 4 Section 1: This project is set up and authorized to CPB324-041110-202824020. This project $129,241 to upgrade the traffic signal at Broad and Eve St. and improve pedestrian facilities and provide signal interconnectivty to Crawford Ave. Funding is available CPB#324-041110-202824020 3 of 4 1.24.2011 Attachment number 1Page 3 of 4 CPB#324-041110-202824020 4 of 4 1.24.2011 Attachment number 1Page 4 of 4 Commission Meeting Agenda 2/15/2011 5:00 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the regular meeting of the Commission held February 1, 2011 and Special Called Legal Meeting held February 7, 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 2/15/2011 5:00 PM Augusta Municipal Golf Course Subcommittee Department: Caption:Report from the subcommittee appointed/tasked with developing a plan to operate the Augusta Municipal Golf Course "Patch" at no cost to Augusta- Richmond County. 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 2/15/2011 5:00 PM Pension Committee Department: Caption:Motion to approve recommended COLA increase of 1.4% for 2011 for 1945 and 1949 pension plans effective on the March 1st payment. (Approved by the Pension Committee February 7, 2011) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Clerk of Commission Cover Memo Attachment number 1Page 1 of 1 Commission Meeting Agenda 2/15/2011 5:00 PM Board of Tax Assessors Department: Caption:Consider the reappointment of the following to the Board of Tax Assessors to a four-year term: Mr. Bernard Johnson, Senate District 22(Super District 9) and Mr. James Scott, Senate District 23 (Super District 10). (Requested by the Board of Tax Assessors) 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 2/15/2011 5:00 PM Revised 2011-2012 Committee Appointments Department: Caption:Motion to approve revising the ARC Standing Committees as follows: Commissioner Corey Johnson, Chairman Public Services Committee; Commissioner J.R. Hatney, Vice-Chairman of Finance Committee and Matt Aitken,Vice-Chairman of Public Services Committee. (Requested by Mayor Pro Tem Joe Bowles) 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 2/15/2011 5:00 PM Approve Personnel Policy and Procedures Manual Department:Law Caption:Motion to approve personnel policy and procedures manual. (Approved by the Augusta Commission February 1, 2011 - second reading) 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 2/15/2011 5:00 PM Commissioner Mason Legal Opinion Department: Caption:Discuss/approve the release of the General Counsel's Legal Opinion dated January 28, 2011 and the process for any future releases. (Requested by Commissioner Alvin Mason February 7, 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 2/15/2011 5:00 PM Mayor Copenhaver Legal Opinion Department: Caption:Motion to approve releasing the City Attorney's Legal Opinion regarding Augusta local governmental reorganization. (Requested by Mayor Deke Copenhaver February 8, 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 2/15/2011 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