HomeMy WebLinkAboutDBE PROCEDURES FOR DEPARTMENTS
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TO: Clerk of Commission 07118/05
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AGENDA ITEM:
EDITION:
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(AUGUSTA.RICHMOND COUNTY COMMISSION)
DATE:
July 18, 2005
SUBJECT:
The Honorable Willie H. Mays, III, Interim Mayor
Members of the Commission
The Honorable Bobby Hankerson, Chairman, Administrative Committee
Fred Russell, Administrator ~'\IO"01819.20<1.?
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Yvonne Gentry
Disadvantaged Business Enterprise Coordinator
TO:
THROUGH:
FROM:
Approval of DBE Procedures for Departments
CAPTION:
Approve Department procedures to ensure inclusion of the Disadvantaged Business
Enterprise (DBE) Department. The procedures are in accordance with the DBE Article
#7 in Augusta-Richmond County Codeg7. The procedures are within the guidelines of
the Procurement and Law Department policy and procedures.
BACKGROUND:
Pursuant to Augusta-Richmond County Code 9 Article 7 adopted September 2, 1997,
requires the DBE Department to establish a program and mechanism for developing,
approving, and implementing procedures by which disadvantaged business enterprises
shall be assured equal access to supply goods and services required by Augusta-
Richmond County. This includes developing aspiration goals, monitoring performance
and reporting the achievements to the Mayor and Commissioners.
Excerpts from Augusta-Richmond County Code Article 7, DBE Program
9 1-10-58. PURPOSE:
Augusta-Richmond County is firmly committed to the principles of equal opportunity and
affirmative action and in keeping with these principles, hereby sets forth a program and
establishes a mechanism for developing, approving, and implementing procedures by
which disadvantaged business enterprises including small local business enterprises
shall be assured equal access to supplying goods, general services, and construction
services required by Augusta-Richmond County, thereby promoting balanced economic
and community growth throughout Augusta-Richmond County.
91-10-60. APPLICATION:
This chapter shall apply to all eligible projects or classifications. of expenditures, as
f.urther described below, except sole source or emergency procurement: whereby
Augusta-Richmond County expends or commits the expenditures of $1,000 or more for
the purchase of equipment, supplies, general services, construction, professional
services, or a combination thereof.
91-10-61. POLICY:
It is the policy of the Augusta-Richmond County Commission, other Augusta-Richmond
County officials, and employees that all necessary and reasonable steps shall be taken
to ensure that disadvantaged business enterprises including small local business
enterprises have the maximum opportunity to compete for and participate in all contracts
and subcontracts. Further, the Augusta-Richmond County Commission has the option to
establish incentives to promote business opportunities covered by this section.
ANALYSIS:
Approve Departments to implement the DBE Procedures in their procures process.
Maintaining adequate procedures all departments adheres to provides an effective and
efficient handing method of equal access to supplying goods, general services and
construction services required by Augusta-Richmond County, thereby promoting
balance economic and community growth throughout Augusta-Richmond County. This
includes achievements to the Mayor and Commissioners.
FINANCIAL IMPACT:
None
ALTERNATIVES:
None
RECOMMENDATION:
Approve stated DBE Procedures for Departments
REQUESTED AGENDA DATE:
AGENDA ITEM:
EDITION:
DATE:
DEPARTMENT
DIRECTOR:
FUNDS AVAILABLE IN THE
FOllOWING ACCOUNTS:
N/A
CITY ATTORNEY;.
ADMINISTRATO~U (M
. 7//') CJ/
FINANCE: N/A
Subiect: Procedures for Disadvantaaed Business Enterprise Proaram
The responsibility for the Augusta-Richmond County's program has been delegated to the
Disadvantaged Business Enterprise Office Director.
Purpose: These procedures are established to ensure optimum results from the Disadvantaged
Business Enterprise (DBE) program, which includes MinoritylWomen Business Enterprises
(MIWBE) and Local Small Business Enterprises (SBE). The procedural objectives are:
. Develop certification criteria and procedures for certifying vendors.
. Establish and maintain a directory of certified businesses available and capable of
supplying the type/quality of supplies, services, construction, and professional
services required by Augusta-Richmond County.
. Review specifications and bid documents with the Procurement Department to
ensure openness and competitiveness.
. Establish project aspirational goals that are reflective of the relative availability of
eligible disadvantaged businesses in tha trade areas inherent in the contract.
. Establish a monitoring process that ensures the DBE utilization is met by the
contractor on contracts.
. Create a reporting process to capture all relevant data, ensuring accurate and timely
reporting to the applicable model department.
. Certify new DBEs to bid on Augusta-Richmond County purchases. Notifying vendors
of their certification status and advising non-certified parties of their right to appeal
which shall be filed with Augusta-Richmond County within seven (7) days of receipt
of such notice.
. Provide supplementary notice to DBEs regarding pending bids or upcoming projects.
. Arrange and/or participate in special meetings with DBEs regarding bid requirements
and contract performance.
. Provide technical assistance, conducting seminars, visiting vendors, performing
other outreach services to encourage and increase participation in Augusta-
Richmond County's bidding process.
. Prepare and present a performance report annually.
Policy: It is the policy of the Augusta-Richmond County Commission, other Augusta-Richmond
County officials, and employees that all necessary and reasonable steps shall be taken to
ensure that Disadvantaged Business Enterprises (DBE), which includes MinoritylWomen
Business Enterprise (MIWBE) and Local Small Business Enterprises (SBE) have the maximum
opportunity to compete for and participate in all contracts and subcontracts. Further, the
Augusta-Richmond County Commission has the option to establish incentives to promote
business opportunities covered by this section.
A.RC. Code9 1-10-61
Update: 7/18/05
OPERATING PROCEDURES
Section I - Annual Procedures
Department Staff
1. Identify all contracts that are scheduled for award during the
next fiscal year.
2. Conduct an analysis of each of the scheduled contracts to
identify trade areas where subcontracting opportunities will
exist by Standard Industrial Code for each trade/scope of
work.
3. Compile year to date prime and subcontracting information
for all contracts where activity has occurred during the current
fiscal year.
4. Prepare annually a summary of the current fiscal year
contract activity and contracting activity that will occur during
the next fiscal year.
5. Forward the information to the Disadvantaged Business
Enterprise Department (DBE) each year.
6. Work collaboratively with the DBE Department to determine
an annual DBE utilization goal and prepare the proposed
annual goal report.
Section" - Design, Professional Services, and Procurement Project Goal Setting
Procedures
Department Staff
1. Notify the DBE at least 30 days prior to the issuance of a
Request for Proposal for the design phase of project or for a
professional services or procurement contract.
2. Provide a draft of the Proposal language to the DBE
Department, including a description of the scope of work to
be performed or the product{s) to be provided under the
contract.
Procurement Department
1. Provide a copy of the RFP to the DBE Department for
review 5 days prior to release.
DBE Department
1 . Meet with Department staff to review the scope of work for
projects to determine trade and/or procurement areas that will
be inherent in the contract.
2. Meet with Department staff to review the scope of work for
projects to determine trade and/or procurement areas that will
be inherent in the contract.
3. Compile statistical data on the overall market area availability
of firms ready, willing, and able to participate in the contract
as prime contractors, subcontractors, or suppliers.
4. Review historical information to determine the degree of
anticipated DBE's participation to be achieved.
5. Provide a written recommendation to the applicable
department for a DBE utilization goal on the project.
6. Review the DBE goal language in the final RFP document.
Section'" - Construction Projects Goal Setting Procedures
Department Staff
1. Notify the DSE Department when the design of the upcoming
project is at least 80% complete and provide a copy of the
project specifications.
2. Provide copy of the Construction Specification Institute (CSI)
(Attachment A) breakdown of the project to be constructed.
DSE Department Staff
1. Meet with appropriate departmental staff to review the CSI
Division 16 and gather information pertinent to the goal
setting process.
2. Compile statistical data on the overall market area availability
of firms ready, willing, and able to participate in the contract
as prime contractors, subcontractors or suppliers.
3. Review historical information to determine the degree of
anticipated DSE participation to be achieved.
4. Provide written recommendation to the applicable department
for a DSE utilization goal on the project.
5. Distribute the goal recommendation to the City's project
engineer, consultants, and other interested parties for review.
6. Meet with the project manager, consultant, and other
interested parties to finalize the project goal.
7. Review the final utilization goal language in the specifications.
Section IV - Pre-bid and Pre-proposal Procedures
DepartmenUProcurement
Department
1. Notify the DBE Department in 7 business days of the location,
date, and time of the pre-bid or pre-proposal conference for
the project.
DBE Department Staff
1. Attend the pre-bid meeting and provide information regarding
the DBE program requirements for the project.
2. Provide copies and review the purpose and completion of
requirements for all DBE paperwork submittals required with
the bid submittal (Attachment B):
. Letter of Intent signed by DBE subcontractor
. Proposed DBE Participation form signed by prime
contractor
. Identification Statement for Disadvantaged Business
Enterprises filled out and signed by DBE
subcontractor
Section V - Bid Opening Procedures
Procurement Department
1. Copies of all required DBE utilization paperwork will be
submitted by all bidders at the time of bid opening. Forward
a completer package to the DBE and User Department no
later than 5:00 P.M. of the day following the bid opening.
DBE Department
1. Review the DBE related paperwork forwarded by the
Procurement Department to ensure all bidders met the
submittal requirements.
2. Ensure all firms listed on the proposed DBE utilization form
are certified by the DBE Department, USDOT or other
recognized certification entity.
3. Ensure all bidders proposed utilization of DBE firms is equal
to, or greater than, the required DBE goals for the project OR
that documentation was submitted to substantiate the good
faith efforts to obtain DBE participation.
4. Make a written determination as to the responsiveness of
each bidder that proposed to meet the established DBE
project goals in accordance with the requirements stated in
the project specification documents.
Procurement Department
1. Forward the written determination of responsiveness to the
Department after receiving written determination from DBE
Department.
2. Notify bidders of any determination of non-responsiveness
to the DBE requirements in the bid submittal.
Section VI - Good Faith Waiver Procedures
DBE Department
1. Review the good faith effort submittal of any bidder that failed
to meet the established DBE utilization goal on the project for
compliance with the good faith effort criteria contained in bid
documentation.
2. Draft a written recommendation to declare the good faith
submittal responsive or non-responsive to the requirements
of the specifications. Recommendation must cite the basis
for the recommendation.
3. Notify the Departm~nt by phone of the good faith waiver
decision within 72 working hours of the date of the bid.
Procurement Department
1. Notify the bidder by certified mail and phone
-Of the decision to waive the Good Faith requirements
-Of the decision that the bidder was non-responsive to
the Good Faith requirements. Providing bidder with
guidelines on administrative reconsideration procedures.
Section VII - Administrative Reconsideration Procedures
Bidder
1. Submit a written request for an administrative hearing within
three working days from the date of receipt of the certified
mail notification of non-responsiveness. Requests are to be
mailed to:
Geri Sams, Procurement Director
530 Greene Street, Room 605
Augusta, Georgia 30911
DBE Director
1. Appoint a Reconsideration Official to preside over the
administrative reconsideration proceedings. The Official shall
not have played a role in the original determination that the
bidder was non-responsive to the DBE requirements of the
bid specifications.
2. Prepare a file of all relevant documentation including the
bidder's original submittal of good faith and the written
decision of non-responsiveness and forward the files to the
Reconsideration Official appointed by the DBE Director.
Procurement Department
1. Set a date and time for the reconsideration proceeding and
notify all concerned parties within five days from the receipt of
the request for reconsideration. Notification to the bidder
shall be by certified mail. The proceeding shall be scheduled
no less than five working days, nor more than ten working
days, from the date of mailing of the certified mail notice.
2. Preside over the administrative proceeding providing
opportunity for oral testimony from the bidder and other
concerned parties pertaining to the information submitted in
the bid packet. The DBE Department representative will also
be given opportunity to testify as to the reasons for the finding
of non-responsiveness.
3. Issue a written reconsideration decision within five working
days from the date of the reconsideration proceeding. The
findings of the Reconsideration Official shall be considered
final by the Augusta-Richmond County and the bid shall be
awarded in accordance with the findings.
2. Review the DBE requirements that the prime contractor will
be required to meet during the course of the contract. The
review includes items listed on the Pre-Construction Meeting
Checklist (Attachment C):
Section VIII - Pre-Construction Procedures
Department Project Manager 1. Notify the DBE Department of the date and time set for the
pre-construction or partnering meeting.
DBE Department Staff 1. Attend the pre-construction and/or the partnering meeting and
participate to establish a working relationship with personnel
that will be involved in the project.
. Complete list of all contractors and suppliers that
submitted bids or quotes in an effort to participate
on the contract.
. All subcontracts with DBE subcontractors listed on
the proposed utilization bid form.
. Monthly Contractors Statement of DBE Utilization
form.
. Copies of all Pay Requests submitted for payment.
. Copies 'of all change orders affecting DBE
subcontractors.
. Certification of Payment to DBE Firms form
submitted when a DBE firm has completed its
subcontract and been paid for the work performed.
3. Provide information on how DBE work on the contract will be
counted towards the required DBE utilization.
Section IX . Contract Compliance Monitoring Procedures
Project Managers
1. Notify the DSE Department of the plan for scheduled
meetings on the project.
2. Place the DSE Department on the distribution list to receive all
meeting notices and meeting minutes.
3. Collect and provide project information to the DSE
Department as requested.
Prime Contractor
1. Provide information to the DSE Department regarding the
work schedule of all DSE subcontractors and any issues or
concerns on the contract involving DSE firms
DSE Department Staff
1. Establish a project monitoring file in accordance with the DSE
file checklist (Attachment D).
2. Complete information on the DSE Project Summary Log and
place in the monitoring file (Attachment E).
3. Collect copies and review all subcontracts with DSE firms to
ensure subcontracts are consistent with the prime contractors
DSE utilization commitment at the time of bid.
4. Attend project meetings on a regular basis and maintain a
record of the issues discussed relevant to DSE utilization.
5. Conduct on-site visits to ensure that DSE firms are
independently performing functions of the contract. On-sites
are conducted in the following manner:
. On-sites are conducted at least once with each
DSE subcontractor for jobs with duration of less
than six months. Projects exceeding six months
should have a minimum of two on-site visits with
DSE firms.
. On-sites are not scheduled with the DSE firm, but
conducted randomly.
DSE Department Staff (cont)
. On-site visits should consist of observing all
equipment at the job site and work being
performed by employees related to the
subcontracts of DSE firms. The job foreman and
other personnel on-site may be interviewed to
determine who is employing staff working on the
job.
Section IX - Contract Compliance Monitoring Procedures (continued)
6. Complete an On-site Monitoring report form for each visit
made to the job site (Exhibit F).
Department Project Manager 1. Forward a copy of all pay requests submitted by the prime
contractor to the DSE Department.
2. Communicate in writing with the DSE Department regarding
any projected changes in the DSE utilization on the project.
This includes requests to remove a DSE from the project for
cause, replace a DSE firm with another DSE or a non-DSE,
change a DSE's contract, or change the scope or extent of
work a DSE will perform on the contract.
DSE Department Staff
1. Review pay requests and Statement of DSE Utilization
(Attachment G) forms submitted by the prime contractor on a
monthly basis to ensure that actual DSE utilization is in line
with the overall prime contractor commitment.
Prime Contractor
1. Continue to demonstrate good faith efforts throughout the
contract to utilize DSE firms in accordance with the proposed
utilization in the original bid documents:
Prime Contractor (cont)
. Replacing a DBE firm that will not perform on the
project with another DBE in a similar scope of work
. Providing opportunity for increased DBE
participation when change orders increase work in
the area of a DBE's subcontract.
2. Work with the DBE subcontractor(s) to complete the
"Certification of Payment to DBE Subcontractors" form to
document that the DBE has completed work and been paid in
accordance with the contractual arrangements.
3. Participate in alternate dispute resolution proceedings to
address payment, performance, or other issues with DBE
subcontractors.
DBE Department Staff
1. Facilitate alternate dispute resolution proceedings to mediate
payment, performance, and other disputes between the prime
contractor and DBE subcontractors. Proceedings are
documented in writing and sent by certified mail to all
involved parties.
2. Ensure the project manager submits a completion letter upon
completion of punch list of the project.
3. Ensure that a closure letter is received and placed in the
project file when all punch list items are completed on the
project.
4. Ensure that a "Certification of Payment to DBE
Subcontractors" form (Attachment H) is received for each
DBE firm that performed work on the contract.
5. Verify that the utilization of DBE firms shown on the final Pay
Request from the prime contractor matches the amounts paid
to DBE firms as attested to on the Certification of Payment to
DBE Subcontractors form.
6. Issue a letter documenting the actual DBE participation
achieved on the project to the prime contractor.
Section X - DBE Compliance Reporting Procedures
Department Staff
1. Compile end of year data on the following areas related to
DBE and non-DBE utilization on contracts by November 1 sl of
each year:
. List of all projects that bid during the past fiscal year
. List of projects that were contracted prior to the past
fiscal year where work carried over into the past
fiscal year
. List of projects that will carry over into the next fiscal
year
. List of projects that were completed during the past
fiscal year
. Total dollars paid to prime contractors, by project,
for all projects where work occurred during the past
fiscal year
. Completion percentage of all projects that are
incomplete at the end of the fiscal year
DBE Department Staff
1. Create project information on the "DBE Track" log for every
federally-funded contract at the time of goal setting.
Information captured on the report includes:
. Project name
. Projected bid date
. Projected end date of project
. Estimated cost of project
. DBE utilization goal established
2. Update the DBE Track information for the project at the time
of award to include:
. Prime contractor
. Date of bid
. Date of contract award
. Amount of contract
. DBE subcontracting participation proposed by prime
contractor
AUGUSTA-RICHMOND COUNTY
CHECKLIST FOR GOOD FAITH EFFORTS
A bidder's good faith efforts must be those that could reasonably be expected from a bidder who
was actively and aggressively seeking to meet the Disadvantaged Business Enterprise (DBE)
goal. Good faith efforts may include, but are not limited to:
Yes No
1. Soliciting, through all reasonable and available means, the interest
for all certified DBEs who have the capability to perform the work
of the contract. Such solicitations must be in sufficient time to
allow DBEs to participate effectively.
2. Confirming attendance at any pre-solicitation or pre-bid meetings.
3. Providing proof of any advertisements in general circulation, trade
association, and minority or woman focused media.
4. Documenting the follow-up to the initial solicitation with DBEs.
5. Documenting how portions of the work were selected to solicit
DBE participation and how the selection was made in order to
increase the likelihood of meeting the DBE goals. This would
include, where appropriate, breaking down contracts into
economically feasible units to facilitate DBE participation.
6. Providing information on any negotiations with DBEs including bid
item adjustments, terms and conditions of the contract, bonding
and insurance requirements and etc.
7. Documenting efforts to assist DBEs in obtaining bonding, lines of
credit, or insurance.
8. Providing copies of the information supplied to DBEs to solicit their
bids. Such information should include adequate information about
the plans, specifications, and requirements of the contract to
enable the DBE to supply a complete and competitive bid.
9. Providing information regarding the services/assistance secured
from minority and women community organizations, contractors'
groups, local minority and women business assistance offices and
other organizations that provides assistance in the recruitment and
placement DBEs.
10. Negotiating in good faith with interested DBEs. It is the bidder's
responsibility to make a portion of the work available to DBE
subcontractors and suppliers. The bidder must provide
documentation that consideration was given
when selecting portions of the work or material needs on the
contract to the availability of DBE firms in those areas when
soliciting for DBE participation.
11. Documenting the basis for rejecting DBE bids. In cases where the
bidder determines the DBE to be unqualified, supporting evidence
used to make the determination must be provided.
Project
Job Site:
Est. By:
Est. For:
ATTACHMENT A
CONSTRUCTION ESTIMATE
PROJECT ESTIMATE SUMMARY
(CSI 16 Division)
Date:
Project No:
Item Operation Amount
01000 GENERAL REQUIREMENTS $
02000 SITE WORK $
02110 DEMOLITION $
03000 CONCRETE $
04000 MASONRY $
05000 METALS $
06000 WOODS & PLASTICS $
06500 ARCHITECTURAL CASEWORK $
07000 THERMAL AND MOISTURE PROTECTION $
08000 FRAMES AND DOORS $
08700 FINISHED HARDWARE $
08800 GLAZING $
09100 LATHE & PLASTER $
09250 GYPSUM WALL BOARD $
09300 TILE $
09650 FINISH FLOORING $
09500 ACOUSTICAL CEILING $
09900 WALL FINISHES $
10100 SPECIALTIES $
11100 EQUIPMENT $
12100 FURNISHINGS $
13100 SPECIAL CONSTRUCTION $
14100 CONVEYING SYSTEMS $
15100 MECHANICAL $
16100 ELECTRICAL $
17100 CUT & PATCH $
18100 CLEAN-UP $
19000 SUB-TOTAL $
19100 CONTRACTOR'S OVERHEAD & PROFIT $
20100 BONDS AND INSURANCE $
21100 CONTINGENCY $
22100 GRAND TOTAL $
NOTES:
ATTACHMENT B
PROJECT NO.
PROJECT DESCRIPTION
LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER
TO:
(NAME OF PRIME OR GENERAL BIDDER)
A. The undersigned intends to perform work in connection with the above project in the following capacity (check one):
An individual
A partnership
A corporation
A joint venture
B. The DBE status ofthe undersigned is confirmed as follows:
In the Augusta-Richmond County Directory of Disadvantaged Business Enterprises dated
By attachment of a current Certificate of Certification
By completion of the Disadvantaged Business Enterprise Identification Statement (Attachment C)
C. The undersigned is prepared to perform the following work in connection with the above project:
D. The undersigned states that the total bid price for the work described above is: $
E.
The undersigned will sublet and/or award
DBE suppliers.
% ofthis subcontract to non-DBE contractors and/or non-
The undersigned will enter into a formal agreement for the above described work with the Bidder cited above conditioned
upon the execution of a contract for the project cited herein between the Bidder and Augusta-Richmond County.
Date:
(DBE Contractor Firm Name)
By:
(Signature of Authorized Representative)
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ATTACHMENT B
PROJECT NO.
IDENTIFICATION STATEMENT FOR DISADVANTAGED BUSINESS ENTERPRISES
The undersigned hereby certifies that the following information is true and accurate.
BUSINESS NAME
BUSINESS ADDRESS
CITY
STATE
ZIP
CONTACT PERSON
TITLE
TELEPHONE NUMBER
The following is a listing of all licenses held by the company and a description of services provided by the firm.
LICENSES HELD
PHONE NUMBER:
ISSUED BY
DESCRIPTION OF SERVICES
PROVIDED
In accordance with the Disadvantaged Business Enterprise Program as described in bid package, the undersigned hereby
certifies that the firm submitting this statement has qualified as a Disadvantaged Business Enterprise and holds a current
DBE certification from:
(Name of Certifying Agency)
(Telephone Number)
Qualifying DBE Signature
Date
For additional information contact the Disadvantaged Business Enterprise Department at (706) 826-1325
ATTACHMENT C
Pre-Construction Meeting
Date
Project Number:
Project Description:
DBE Goal:
Contractor:
You must submit the following documentation/forms to Geri Sams, Procurement Director. 530 Green Street, Room
605 AUl!usta. Georl!ia 30911:
1. Sil!ned copies of all contracts and or purchase orders with DBE subcontractors and suppliers that are to be
utilized on the project;
2. A listing of all subcontractors and suppliers (DBE and non-DBE). This list should be on your ftrm's
letterhead;
3. Contractor's Statement ofDBE utilization reports (see attached) every month including any DBE invoices;
4. At the time ofproject completion, you will be asked to complete a copy of the Certiftcation of Payment to
DBE ftrms (See attached).
5. A copy of any change orders potentially affecting DBE's.
The DBE subcontractor(s) are required to perform a Commercially Useful Function. This means the DBE must
actually perform and manage the work involved in accordance with normal industry practice and receive the
compensation agreed upon. If any arrangement between the prime contractor and the DBE erodes the ownership,
control, or independence of the DBE, the contractor will receive no credit towards the goal and may be subject to
sanctions.
The Disadvantaged Business Enterprise Monitor must be notifted, in writing, before any of the following takes
place. You must receive written approval prior to the replacement and/or release of any DBEs listed on the
Utilization form, which was submitted with your bid. Whenever:
. DBE ftrms perform work that varies from stipulated work items;
. A DBE needs to be replaced by another DBE;
. Changes in a DBE's performance occurs; and
. A new supplier or subcontractor is added to the project.
In addition, the Monitor must be notifted immediately when:
. A recognized DBE ftrm is employed but not listed as a committed ftrm.
The Monitor must be involved in all meetings involving fmancial and/or performance issues, or any other meeting
as deemed necessary, with any DBE subcontractor or supplier.
All DBE's must:
. Have their company name on all vehicles and equipment used on this project;
. Must perform all work with their own workforce; and,
. Must notify EOD if equipment being used is leased.
DBE's should contact the monitor if any issues occur regarding performance or pay.
The Monitor will make periodic on-site visits to review the progress of the DBE utilization.
~~~
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ATTACHMENT C
AUGUSTA-RICHMOND COUNTY
DISADVANTAGED BUSINESS ENTERPRISE DEPARTMENT
CERTIFICATION OF PAYMENT TO DBE FIRMS
The undersigned, having contracted as the prime contractor on Project No. hereby certifies that full
payment has been made to the firm indicated. Payments made or pending to a DBE firm for materials and/or work
performed under this project's contract are as follows:
The DBE firm of
Was paid the amount of $
This certification is made under Federal and State laws concerning false statement. Supporting documentation for
this payment is subject to audit and should be retained for a minimum of three (3) years from the project acceptance
date. In the event the DBE was not paid in accordance with affidavits submitted by the prime contractor, all
documentation supporting the contractor's position should be submitted.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE
STATE OF FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND
COMPLETE TO THE BEST OF MY KNOWLEDGE.
Prime Contractor Representative
By:
(Print name and title)
Date:
The undersigned DBE subcontractor/supplier/manufacturer hereby certifies that a contract was entered into with the
above named prime contractor to perform work or provide materials on the project cited in this document. I further
certify that payments were received and/or justification submitted by the prime contractor for failure to make such
payments in accordance with previous affidavits is correct.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER APPLICABLE
STATE OF FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS DOCUMENT ARE TRUE AND
COMPLETE TO THE BEST OF MY KNOWLEDGE.
Subcontractor Representative
By:
(Print name and title)
Date:
ATTACHMENT D
STANDARD CHECKLIST OF DOCUMENTS REQUIRED TO MONITOR
DBE CONSTRUCTION PROJECTS
Project No.:
Prime Contractor:
Project Description:
DBE Staff Person:
A project event folder is established for each new federal construction project with documentation filed in
the following order. Other documents are filed in individual folders in filing cabinets as the project
proceeds. These documents are Bid Specifications, Pay Requests, Weekly Meeting Minutes, General
Correspondence, DBE Subcontractor Contracts and DBE Issue Documentation.
SECTION 1
DBE PROJECT SUMMARY LOG
SECTION 2
PRE PROJECT START EVENTS
Goal Setting Documents
Pre bid meeting sign in sheet
Bid opening documents
SECTION 3
PRE CONSTRUCTION DOCUMENTS
Pre construction meeting notice
Pre construction sign in sheet
Pre construction meeting minutes
Notice to proceed document
SECTION 4
SUBCONTRACTOR DOCUMENTS
List of subcontractors, suppliers, and vendors
(DBEs and Non-DBEs)
Contracts
SECTION 5
DBE ON-SITE MONITORING REPORTS
SECTION 6
PRIME CONTRACTOR'S STATEMENTS OF
DBE UTILIZATION
Payment Requests
Monthly Utilization reports
Certification of DBE payments
ATTACHMENT E
Contract Compliance Specialist
Project Name:
Prime Contractor:
Project Number:
City Project Mgr/CM:
Required DBE Goal:
Proposed DBE Goal:
Pre Bid Date:
Bid Opening Date:
Pre-Construction Date:
Funding Source:
Contract Amount:
Labor Compliance Pre-Con Date:
(Optional)
Notice to Proceed:
Received Signed Contract:
Date Signed
Contract Received
DBEs
Date Signed
Contract Received
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Name ofDBE
Date
On-Site # I
Date
On-Site #2
Date
On-Site #3
Date
On-Site #4
Date
On-Site #5
Note: For projects less than six months, one on-site per DBE is required. All projects that are longer than six
months, a minimum of two on-site visits are required,
ATTACHMENT E
Contract Compliance Specialist
Substantial Completion Notice Rec'd:
Actual Achieved DBE Goal:
Explanation if goal is lower than proposed committed:
Notice of Project Closure:
Percent of Actual Goal Achieved:
Date Received
DBEs
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D
ATTACHMENT H
AUGUSTA-RICHMOND COUNTY
DISADV ANT AGED BUSINESS ENTERPRISE DEPARTMENT
CERTIFICATION OF PAYMENT TO DBE FIRMS
The undersigned, having contracted as the prime contractor on Project No. hereby certifies
that full payment has been made to the firm indicated. Payments made or pending to a DBE firm for
materials and/or work performed under this project's contract are as follows:
The DBE firm of
was paid the amount of $
This certification is made under Federal and State laws concerning false statement. Supporting
documentation for this payment is subject to audit and should be retained for a minimum oftbree (3) years
from the project acceptance date. In the event the DBE was not paid in accordance with affidavits
submitted by the prime contractor, all documentation supporting the contractor's position should be
submitted.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER
APPLICABLE STATE OF FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS
DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
Prime Contractor Representative
By:
(Print name and title)
Date:
The undersigned DBE subcontractor/supplier/manufacturer hereby certifies that a contract was entered into
with the above named prime contractor to perform work or provide materials on the project cited in this
document. I further certify that payments were received and/or justification submitted by the prime
contractor for failure to make such payments in accordance with previous affidavits is correct.
I DECLARE UNDER PENALTY OF PERJURY IN THE SECOND DEGREE, AND ANY OTHER
APPLICABLE STATE OF FEDERAL LAWS, THAT THE STATEMENTS MADE ON THIS
DOCUMENT ARE TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE.
Subcontractor Representative
By:
(Print name and title)
Date:
~
GEORGIA DEPARTMENT OF CORRECTIONS
CONTRACT FACILITIES
SUITE 754, EAST TOWER
2 MARTIN LUTHER KING, JR. DRIVE, S.E.
ATLANTA, GEORGIA 30334-4900
404/657-9203
FAX 404/651-5635
Sonny Perdue
Governor
James E. Donald
Commissioner
MEMORANDUM
TO:
Warden. Robert Leverett
AugustalRichmond County Correctional Institution
FROM:
Peggy McBrayer, Field Operations Manager
Contract Facilities
DATE:
July 29, 2005
RE:
FY 2006 Capacity Agreements
Enclosed is a fully executed original of the FY 2006 Capacity Agreement
between the Georgia Department of Corrections and Augusta/Richmond County.
Please provide the original to your county government and retain a copy for
your file.
PM/f.h.
Enclosure (5) Executed Capacity Agreement
CC: County Manager, Fred Russell
c
GEORGIA DEPARTMENT OF CORRECTIONS
CONTRACT FACILITIES
SUITE 754, EAST TOWER
2 MARTIN LUTHER KING, JR. DRIVE, S,E.
ATLANTA, GEORGIA 30334-4900
404/651-6843
FAX 404/651-8335
~hA~/
,--([ R ,-J yYJ OIJ!)
~
, 0
SOtUly Perdue
Governor
James E. Donald
Commissioner
MEMORANDUM
TO:
Wardens, County Prisons
Peggy MCBra~ld Operations Manager
GDC Corrections Division
FROM:
DATE:
May 20, 2005
RE:
Capacity Agreements FY 2006
Wardens, as you are aware, it is time to renew the capacity agreements relative to state inmates being housed in
county prisons for FY 2006. Enclosed you will find three (3) original agreements. Your governing authority should
execute ALL THREE ORIGINAL documents.
The enclosed documents should be completed with the following information:
Page I, item 1
nwnber of state inmates you can house
Beginning July 1, 2005
Page 2
review information pertaining to your governing
Authority for accuracy; email me if this information
is incorrect .
Page 3
= authorized signature of county authority
All three (3) executed documents should be returned to the GDC Contract Facilities Unit no later than June
10, 2005. For your convenience, a self- addressed envelope is enclosed for returning the documents. Once
the agreements have been signed by a designee of the Georgia Department of Corrections, a fully
executed agreement will be forwarded to you for your files.
If you or your governing authority have any questions concerning the enclosed, please do not hesitate
to give us a call at (404) 651-6843.
Your cooperation and prompt attention to this are appreciated.
GEORGIA DEPARTMENT OF CORRECTIONS
LEGAL SERVICES OFFICE
AGREEMENT
THIS AGREEMENT is entered into the 1st day of July, 2005, by and between the
GEORGIA DEPARTMENT OF CORRECTIONS, an agency of the State of Georgia
(hereinafter referred to as the Department), and AUGUST A/RICHMOND COUNTY,
GEORGIA, a political subdivision of the State of Georgia (the County), acting by and
through t~e Augusta! Richmond County Commission,
WITNESSETH:
WHEREAS, the Department desires to obtain appropriate care and custody of State
inmates; and '
WHEREAS, the County desires to provide appropriate care and custody of State
inmates at a correctional institution operated by the County.
NOW, THEREFORE, in consideration of these premises and the mutual promises and
agreements hereinafter set forth, the parties hereby agree as follows:
1. Care and Custody. The County agrees to provide complete care and custody of up
to _215_ State inmates daily, for the term of this Agreement and in accordance with State
and federal constitutions and with all applicable laws, rules, regulations and orders of State,
federal and local governments. Without limitation to the generality of the foregoing, the
County specifically agrees that no State inmate labor shall benefit private persons or
corporations.
2. Compensation, The Department agrees to pay the County the sum of $20.00
(Twenty and n%ne-hundredths Dollars) per State inmate per day for the duration of this
Agreement. The County agrees to invoice the Department monthly, in compliance with all
billing procedures established by the Department. The Department shall endeavor to pay the
County for its care and custody services within 45 days of invoice receipt in approved form.
.
The Copnty acknowledges and agrees that the Commissioner of Corrections shall have sole
authority with respect to the transfer of State inmates to and from the County Correctional
Institution, and the Department shall not incur charges for inmates not under the care and
custody of the County.
3, Term of Agreement. This Agreement shall be effective from the date hereof and
shall continue in force and effect until June 30, 2006. The parties may, by mutual agreement
in writing, extend the effectiveness of this Agreement for additional time periods.
4. Notices, Any notice under this Agreement shall be deemed duly given if delivered
by hand (against receipt) or if sent by registered or certified mail-- return receipt requested,
to a party hereto at the address set forth below or to such other address as the parties may
designate by notice from time to time in accordance with this Agreement.
If to the County: Augusta-Richmond County Commission
A TTN: Fred Russell, County Administrator
530 Greene Street
Augusta, GA 30911
With a copy to: Robert Leverett, Warden
Augusta/Richmond County Correctional Institution
2314 Tobacco Road
Augusta, Georgia 30906
If to the Department: Commissioner, James Donald
Georgia Department of Corrections
East Tower, Floyd Memorial Building
Two Martin Luther King, Jr" Drive
Atlanta, Georgia 30334
With a copy to: Brenda Murrell, Director
Facilities Division
East Tower, Floyd Memorial Building
Two Martin Luther King, Jr. Drive
Atlanta, Georgia 30334
2
.,
. , '5". Entire Agreement. This Agreement constitutes the entire agreement and
understanding between the parties hereto and replaces, cancels and supersedes any prior
agreements and understandings relating to the subject matter hereof; and all prior
representations, agreements, understandings and undertakings between the parties hereto with
respect to the subject matter hereof are merged herein.
6. Am endment. T he parties recognize and agree that it may be necessary or
convenient for the parties to amend this Agreement so as to provide for the orderly
implementation of all of the undertakings described herein, and the parties agree to cooperate
fully in connection with such amendments if and as necessary. However, no change,
modification or amendment to this Agreement shall be effective unless the same is reduced
to writing and signed by the parties hereto.
7. Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original but all of which shall constitute one agreement. No party shall be
bound by this Agreement until all parties have executed it.
IN WITNESS WHEREOF, the parties have caused the authorized representatives of
each to execute this Agreement on the day and year first above written.
GEORGIA DEPARTMENT OF
CORRECTIONS:
AUGUSTAIRICHMOND COUNTY
ATTEST:
By:
Cle
cocamp.agr
vertl5-97
3