HomeMy WebLinkAboutMEADOW GARDEN REHABILITATION PROJECT_ CONTRACT- RFP #17-132 STATE OF GEORGIA
RICHMOND COUNTY
AGREEMENT
This agreement is hereby established jointly between the Augusta, Georgia, a political
subdivision of the State of Georgia, by and through the Augusta, Georgia Commission,
(hereinafter referred to as AUGUSTA), whose address is 535 Telfair Street, Augusta,
Georgia 30901, and Landmark Preservation LLC (hereinafter referred to as:
CONTRACTOR), whose address is P.O. Box 8604, Savannah, Georgia, 31412
WITNESSETH
WHEREAS, AUGUSTA has duly applied for and been awarded a matching
Federal grant by and through the Historic Preservation Division (HPD) of the Georgia
Department of Natural Resources to complete the rehabilitation of windows at the Meadow
Garden House Museum, located at 1320 Independence Drive in Augusta, Georgia and;
WHEREAS, AUGUSTA is able to contract with an organization or individual
capable of providing the labor, supplies and materials to complete the rehabilitation of
windows at the Meadow Garden House Museum, and;
WHEREAS, CONTRACTOR is able and willing to complete the scope of work
more particularly described herein.
NOW THEREFORE, in consideration of the following mutual promises,
covenants, and conditions, Augusta and Contractor agree as follows:
A. OBLIGATIONS OF CONTRACTOR
1. CONTRACTOR shall perform the work and services as herein provided, and as
more fully described in Exhibit"A",Revised Proposal for RFP Item#17-132,dated
January 30, 2017, which is attached hereto and incorporated herein by reference.
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CONTRACTOR shall complete the rehabilitation of twenty-eight windows in
accordance with the scope of work and schedule detailed in Exhibit A.
2. It is agreed that neither the CONTRACTOR nor anyone acting for, or on behalf of
the CONTRACTOR shall impose any obligation, debt or burden of any kind or
nature in the name of or charged to Augusta or any department or division thereof.
3. It is agreed that for the purpose of this agreement CONTRACTOR shall be deemed
an independent contractor and shall be responsible for the payment of all
employees' salaries, and for all other expenses incurred in connection with the
performance of the duties and responsibilities established hereunder, except as
otherwise provided.
4. CONTRACTOR covenants that CONTRACTOR presently has no interest and
shall not acquire any interest,direct or indirect,which would conflict in any manner
or degree with the performance required under this agreement. CONTRACTOR
further covenants that in the performance of this agreement, no person having any
such interest shall be employed or contracted.
5. CONTRACTOR acknowledges that all records relating to this Agreement and the
services to be provided under the contract may be a public record subject to
Georgia's Open Records Act(O.C.G.A. § 50-18-70,et seq.). CONTRACTOR shall
cooperate fully in responding to such request and making all records, not exempt,
available for inspection and copying as provided by law.
B. OBLIGATIONS OF AUGUSTA, GEORGIA
1. AUGUSTA shall pay CONTRACTOR a fee of fifty-one thousand, four hundred
forty-eight dollars and fifty cents ($51, 448.50). CONTRACTOR shall submit
invoices to Augusta. Within forty-five (45) days of such submittals, AUGUSTA
will pay CONTRACTOR.Invoices by the CONTRACTOR shall include a progress
report showing percent of work completed and shall include documentation of
completed work where applicable. Payment requests shall not exceed the
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percentage of work completed. AUGUSTA shall hold the amount of the final
payment until the project is completed satisfactorily, including final approval from
HPD, if applicable.
2. The Augusta Planning and Development Department will also furnish, without
charge to the CONTRACTOR, information and support services as mutually
agreed.
C. MUTUAL AGREEMENTS
1. The term of this AGREEMENT is from the day and year below written through the
date of satisfactory completion of the work and acceptance by AUGUSTA, but no
later than August 15, 2017, unless terminated earlier pursuant to the provisions of
paragraph(C)(2).
2. Either party may terminate this AGREEMENT by providing written notice of such
intent thirty (30) days in advance of termination date. In the event of termination
by either party, CONTRACTOR agrees to cease all work, to turn over to
AUGUSTA all materials acquired for the work, and to submit to AUGUSTA an
invoice for work performed prior to termination.
3. This AGREEMENT is subject to all applicable regulations, laws, policies,
guidelines and requirements of the Historic Preservation Fund Grant program,
including OMB A-102, FMC 74-4 and 74-8, National Register Programs Manual
and any special conditions or regulations relating to the application,acceptance and
use of federal funds for a federally assisted project. All work shall meet the
Secretary of the Interior's Standards for the Treatment of Historic Properties and
Preservation Brief No. 9, The Repair of Historic Wood Windows.
4. No part of the funds provided under the terms of the AGREEMENT shall be used
directly or indirectly to pay for any personal service, advertisement, telegram,
telephone, letter, printed or written matter, or other device, intended or designed to
influence in any manner a member of Congress, to favor or oppose, by vote or
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otherwise,any legislation or appropriation by Congress,whether before or after the
introduction of any bill or resolution proposing such legislation or appropriation.
5. Any data assembled and documents prepared to carry out the scope of work, or as
provided by AUGUSTA, shall become the property of the Georgia Department of
Natural Resources. All publications, reproductions, and copyright privileges shall
be the property of the Georgia Department of Natural Resources.
6. Any publications, announcements, news releases, exhibits or presentation related
to the project shall acknowledge federal assistance substantially as follows: "This
project has been financed in part with Federal funds from the National Park
Service, U.S. Department of the Interior, through the Historic Preservation
Division of the Georgia Department of Natural Resources. However, the
contents opinions, and recommendations expressed in this project do not
necessarily reflect the views or policies of the Department of the Interior or
the Georgia Department of Natural Resources, nor does the mention of trade
names, commercial products, or consultants constitute endorsement or
recommendation by these agencies. This program received Federal financial
assistance for identification and protection of historic properties. Under Title
VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of
1973, and the Age Discrimination Act of 1975, as amended, the U.S.
Department of the Interior prohibits discrimination based on race, color,
national origin, age, gender, or disability in its federally assisted programs. If
you believe you have been discriminated against in any program, activity, or
facility as described above, or if you desire further information, please write
to: Office of Equal Opportunity, National Park Service, 1849 C Street, N.W.,
Washington, DC 20240."
7. This Agreement is intended by the Parties to, and does, supersede all provisions of
the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any
provision of this Agreement is inconsistent with any provision of the Prompt Pay
Act, the provision of this Agreement shall control.
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8. This agreement is at all times subject to applicable State and Federal laws,
standards, rules and regulations now existing or which may be hereafter enacted or
adopted.
9. This agreement and all rights, privileges and responsibilities shall be interpreted
and construed according to the laws of the State of Georgia.
10. All claims, disputes, and other matters in question between the Owner and the
Contractor arising out of or relating to the Agreement, or the breach thereof, shall
be decided in the Superior Court of Richmond County, Georgia. The
CONTRACTOR,by executing this Agreement,specifically consents to jurisdiction
and venue in Richmond County and waives any right to contest the jurisdiction and
venue in the Superior Court of Richmond County, Georgia.
11. The failure of AUGUSTA at any time to require performance by the
CONTRACTOR of any provision hereof, shall in no way affect the right of
AUGUSTA thereafter to enforce that same provision or any part of the contract,
nor shall the failure of AUGUSTA to enforce any breach of any provision hereof
be taken or held to be a waiver of such provision, or as a waiver, modification or
cancellation of the contract itself.
12. This agreement represents the sole and complete understanding of the terms of this
agreement between the parties hereto and may be amended, changed or modified
only by a written document signed by the parties hereto.
13. Failure by the CONTRACTOR to satisfactorily complete work (i.e. submit final
project materials) by August 15, 2017 will result in a penalty of$100.00 per day,
against CONTRACTOR, payable and owing to AUGUSTA, until the project is
completed satisfactorily and approved by the Historic Preservation Division(HPD)
of the Georgia Department of Natural Resources.
14. Notices pursuant to this agreement shall be given by deposit in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
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Augusta: Hardie Davis, Jr., Mayor
Augusta—Richmond County Municipal Building
535 Telfair Street, Suite 200
Augusta, GA 30901
Contractor: Greg Jacobs, Managing Partner
Landmark Preservation LLC
P.O. Box 8604
Savannah, GA 31412
Alternatively,notices required pursuant to this agreement may be personally served
in the same manner as is applicable to civil judicial practice. Notice shall be
deemed given as of the date of personal service or as of the date of deposit of such
written notice in the course of transmission in the United States Postal Service.
15. This agreement is executed in two counterparts, each of which is deemed an original
of equal dignity with the other and which is deemed one and the same instrument as the
other.
IN WITNESS WHEREOF, the parties hereto have signed, sealed, and delivered these
presents this 3i S� day of Mt%2 1 , 2017.
LANDMARK PRESERVATION LLC AUGUSTA, GEORGIA
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LANDMARK PRESERVATION, LLC
P. 0. Box 8604, Savannah,GA 31412 (912) 547-6911
January 30,2017
Augusta Procurement Department
Attn: Geri A. Sams,Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
REVISED PROPOSAL for RFP Item#17-132—Meadow Garden Rehabilitation
Based on our observations, discussions, and investigations, as well as the RFP documents produced
by the City of Augusta,Landmark Preservation LLC (Landmark) will perform the scope of work
described below to repair deficient windows at historic Meadow Garden.
The house possesses a total of twenty-eight, double sash window openings. Windows exhibit
varying amounts of rot that will require proper repair. Many are in excellent condition requiring
only minor repairs, therefore every effort will be made to restore them in-situ. Others exhibit
considerable deterioration and will require sash removal,restoration, and re-installation. In general,
windows possess rotten members including sills, stiles,rails, frames, or trim which either cannot be
repaired in place or require in-kind replacement. Only those members necessitating removal to
facilitate proper restoration will be removed,as this represents the least intrusive approach;thereby
disturbing the least amount of historic fabric. Landmark will restore the windows based on the
following recommended means and methods:
• Provide and employ protection for surfaces and areas adjacent to work area as needed.
• Provide and employ scaffolding as needed to safely access work areas,if required. All
scaffolding will meet or exceed OSHA standards for safety to both workers and pedestrians.
• Remove deteriorated upper and lower sashes where needed, and transport to workshop in
Savannah. If possible, sashes will be repaired&refinished in-situ.
• Remove non-historic metal sash tracks where present.
• Install temporary protection over window openings as needed to prevent weather intrusion.
Temporary protection will consist of Plexiglass with painted, simulated muntins.
• Hand-scrape all wood surfaces to remove failing paint finishes.
• All failed glazing will be removed.
• All non-historic glass will be carefully removed. Authentic Bendheim,Light Restoration
Glass will be installed. This glass is mouth-blown using traditional fabrication methods and
closely matches historic blown glass.
• Failing, existing UV film will be gently removed from historic window panes.
• Repair all rot found in sashes, sills, frames, etc. using wood consolidant and two-part epoxy
wood filler where possible (West System or equivalent). Rotten areas will be excavated to
remove loose materials. A consolidant will be applied to remaining soft material to re-
establish material stability. Voids will then be filled with a two-part wood epoxy filler as
needed.
• Severely rotten wood members will be repaired with a wood Dutchmen or replaced where
needed using in-kind materials to match existing historic wood species and grain quality as
accurately as possible.
• All wood surfaces will be sanded to achieve paint-ready finish.
• All bare wood will be consolidated with alkyd resin prior to priming.
• All wood windows will be primed with an alkyd-based primer.
• New glazing putty will be installed where required to ensure soundness.
• Removed sashes will be re-installed into repaired openings. Pulleys, as found on windows
on parlor level of eastern half of house,will be stripped of paint. New sisal chord will be
attached to sashes to replicate original hemp chord, and to visually provide proper window
hardware appearance. All other openings will receive iron sash-stays. All lower sashes will
receive historically sympathetic iron sash locks. All sashes are to be fixed in place and sealed
with a flexible sealant to reduce air migration.
• Missing window casing on the eastern window in the front basement room will be replaced
using in-kind materials to match the existing casing in profile as accurately as possible.
• Rotten siding found on the east elevation of the eastern-most dormer will be repaired in-
kind and painted as described above.
• All interior and exterior window sashes, frames, and sills, as well as disturbed dormer siding
will be painted with two coats of Sherwin Williams DTM acrylic to match existing color and
sheen.
• Supply and install new UV protection on all windows. UV protection is to consist of 1/8"
thick Plexiglass acrylic sheeting with integrated UV filtering which blocks 98% of harmful
UV rays (short and long wavelength). Furthermore, the acrylic possesses a non-glare matte
finish to minimize its appearance, adding little visual impact on the historic hand-blown glass
panes. The UV sheeting will be accurately cut to the size of each individual pane of glass.
Once properly sized, the UV panel will be inserted to the interior of each pane of glass
between the sash members (stiles,rails, and muntins where applicable). They will be held in
place using two glazing points. This installation method will provide the best possible UV
protection while maintaining an historic appearance. Furthermore, the panels are easily
removed for cleaning when necessary, and is easily reversible if deemed necessary in the
future (i.e. no permanent attachment to the historic panes of glass). This method of UV
filtering also eliminates the creation of"microclimates"between the window panes and UV
sheeting that is common when installed in a manner as to trap heat and moisture.
Additionally, this is not a film and will not scratch,bubble, or tear.
Landmark will complete the scope of work described above for a firm-fixed fee of$51,448.50
inclusive of all required materials, labor, and equipment, except as otherwise noted.
Exclusions:
• Owner to provide an on-site source of electricity and water.
• Owner to provide access to a restroom facility.
Project Schedule:
It is anticipated that it will take a total of six weeks to complete the scope of work described above.
An approximate schedule,weather permitting is outlined below. Due to the likelihood of weather
delays, a total of eight weeks should be allotted.
• Week#1: Sashes will be removed where required. Those sashes will be transported to
Landmark's shop in Savannah for restoration. Temporary protection will be installed at all
window openings where required. An on-site team will commence with in-situ restoration
of fixed upper sashes to include UV film removal.
• Week#2: Sashes taken to Savannah will be restored in the shop. On-site work will
continue with window sash, frame, and sill repairs as required.
• Week#3:All non-historic glass panes will be removed and replaced with restoration glass.
Rotten siding on dormers will be repaired.
• Week#4: Window repair and re-glazing will continue. Window sash re-installation will
commence.
• Week#5: Window sash re-installation will be completed to include window hardware.
Painting of windows will commence.
• Week#6: Final painting and finishing will occur as required to complete the full scope of
work.
Landmark Preservation, LLC performs all work within the guidelines established by the Department
of the Interior Standards for Historic Preservation, and subscribes to the Code of Ethics of the
American Institutes for the Conservation of Historic Works.
January 30,2017
Greg Jacobs,Managing Partner Date
Accepted: Date: