Loading...
HomeMy WebLinkAbout2014-01-27-Meeting Agenda Public Service Committee Meeting Commission Chamber- 1/27/2014- 12:45 PM PUBLIC SERVICES 1. New Ownership Application: A. N. 14 - 02: A request by Olegario Orozco for an on premise consumption Liquor & Beer license to be used in connection with The Reven, LLC. located at 2925 Peach Orachard Rd. There will be Dance. District 6. Super District 10. Attachments 2. New Ownership Application: A. N. 14 - 03: A request by Mrunalini M. Gandhi for a retail package Beer & Wine license to be used in connection with Ethan Food Store located at 2940 Inwood Dr. District 5. Super District 9. Attachments 3. New Ownership Application: A. N. 14 - 04: A request by Mrunalini M. Gandhi for a retail package Liquor license to be used in connection with Inwood Spirits located 2940 Inwood Dr. Suite B. District 5. Super District 9. Attachments 4. New Ownership Application: A. N. 14 - 05: A request by Chin H. Kim for a retail package Beer & Wine license to be used in connection with Yeung Supermarket located at 1671 Olive Rd. District 2. Super District 9. Attachments 5. New Ownership Application: A. N. 14 - 06: A request by Voncellies Allen for an on premises consumption Liquor, Beer and Wine license to be used in connection with Level 9 Sports Bar & Grill located at 3054 Damascus Rd. There will be Dance. District 2. Super District 9. Attachments 6. New Ownership Application: A. N. 14 - 07: A request by Alpeshkumar M. Patel for a retail package Beer & Wine license to be used in connection with Old Town BP located at 443 Broad St. District 1. Super District 9. Attachments 7. Motion to approve the Guaranteed Maximum Price (GMP) submitted by the Construction Manager (Turner Construction Attachments www.augustaga.gov Company) for a new Information Technology (IT) Building. 8. Motion to approve the Christman Company as the Construction Manager at Risk for the Augusta, Georgia Transit Operation and Maintenance Facility on Highway 56. Attachments 9. Presentation by Mr. Horace Lee Jamison regarding his wrongful termination by McDonald Transit. Attachments 10. Motion to approve the minutes of the Public Services Committee held on January 13, 2014. Attachments 11. Presentation by Ms. Pamela M. Williams regarding her wrongful termination by the Transit Department. Attachments 12. Motion to approve the bid selection and contract from Peek Pavement Marking, LLC regarding the rubber removal from runway 17-35 as approved by the Augusta Aviation Commission at their December 19, 2013 meeting. Attachments 13. Update from staff on the RFP process for "The Patch" golf course. (Requested by Commissioner Mary Davis) Attachments Public Service Committee Meeting 1/27/2014 12:45 PM Alcohol Application Department:Planning & Development Caption:New Ownership Application: A. N. 14 - 02: A request by Olegario Orozco for an on premise consumption Liquor & Beer license to be used in connection with The Reven, LLC. located at 2925 Peach Orachard Rd. There will be Dance. District 6. Super District 10. Background:This is a new ownership application. Formerly in the name of Daniel Magana. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3,931.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 1 Attachment number 1 \nPage 1 of 2 Item # 1 Attachment number 1 \nPage 2 of 2 Item # 1 Public Service Committee Meeting 1/27/2014 12:45 PM Alcohol Application Department:Planning & Development Caption:New Ownership Application: A. N. 14 - 03: A request by Mrunalini M. Gandhi for a retail package Beer & Wine license to be used in connection with Ethan Food Store located at 2940 Inwood Dr. District 5. Super District 9. Background:This is a new ownership application. Formerly in the name of Falguni Patel. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 2 Attachment number 1 \nPage 1 of 2 Item # 2 Attachment number 1 \nPage 2 of 2 Item # 2 Public Service Committee Meeting 1/27/2014 12:45 PM Alcohol Application Department:Planning & Development Caption:New Ownership Application: A. N. 14 - 04: A request by Mrunalini M. Gandhi for a retail package Liquor license to be used in connection with Inwood Spirits located 2940 Inwood Dr. Suite B. District 5. Super District 9. Background:This is a new ownership application. Formerly in the name of Falguni Patel. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $3175.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 3 Attachment number 1 \nPage 1 of 2 Item # 3 Attachment number 1 \nPage 2 of 2 Item # 3 Public Service Committee Meeting 1/27/2014 12:45 PM Alcohol Application Department:Planning & Development Caption:New Ownership Application: A. N. 14 - 05: A request by Chin H. Kim for a retail package Beer & Wine license to be used in connection with Yeung Supermarket located at 1671 Olive Rd. District 2. Super District 9. Background:This is a new ownership application. Formerly in the name of Kyong Gleason. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1,330.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 4 Attachment number 1 \nPage 1 of 2 Item # 4 Attachment number 1 \nPage 2 of 2 Item # 4 Public Service Committee Meeting 1/27/2014 12:45 PM Alcohol Application Department:Planning & Development Caption:New Ownership Application: A. N. 14 - 06: A request by Voncellies Allen for an on premises consumption Liquor, Beer and Wine license to be used in connection with Level 9 Sports Bar & Grill located at 3054 Damascus Rd. There will be Dance. District 2. Super District 9. Background:This is a new ownership application. Formerly in the name of Edward Hawthorne. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $4.566.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Cover Memo Item # 5 Attachment number 1 \nPage 1 of 2 Item # 5 Attachment number 1 \nPage 2 of 2 Item # 5 Public Service Committee Meeting 1/27/2014 12:45 PM Alcohol Application Department:Planning & Development Caption:New Ownership Application: A. N. 14 - 07: A request by Alpeshkumar M. Patel for a retail package Beer & Wine license to be used in connection with Old Town BP located at 443 Broad St. District 1. Super District 9. Background:This is a new ownership application. Formerly in the name of Ky S. S. Sanders. Analysis:The applicant meets the requirements of the City of Augusta's Alcohol Ordinance. Financial Impact:The applicant will pay a fee of $1330.00. Alternatives: Recommendation:Planning & Development recommends approval. The RCSO recommends approval. Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 6 Attachment number 1 \nPage 1 of 2 Item # 6 Attachment number 1 \nPage 2 of 2 Item # 6 Public Service Committee Meeting 1/27/2014 12:45 PM Approve the Guaranteed Maximum Price (GMP) submitted by the Construction Manager (Turner Construction Company) for the construction of a new Information Technology (IT) Building Department:Recreation, Parks and Facilities Caption:Motion to approve the Guaranteed Maximum Price (GMP) submitted by the Construction Manager (Turner Construction Company) for a new Information Technology (IT) Building. Background:Turner Construction Company was selected under RFQ 10-039 as the project’s Construction Manager at Risk for the Augusta Georgia Municipal Building Interior Renovations project by the Augusta Commission on January 17, 2012. In a special called meeting by the Augusta Commission held on March 11, 2013, a new IT Building was approved for inclusion as part of the Municipal Building Renovations project. Analysis:The proposed monetary modification is required with the inclusion of the IT Building construction and bringing the overall project to a final Guaranteed Maximum Price. Proceeding with approval of this change order will allow construction to continue in an expedited fashion, leading to a quicker completion of the project. Financial Impact:Guaranteed Maximum Price for the new IT Building: $5,599,926.00 (See Attached Exhibit G), Overall construction cost for the project is within the construction budget. Alternatives:1) Approve the GMP for the new IT Building in the amount of $5,599,926 submitted by Turner Construction Company 2) Reject the GMP for the new IT Building submitted by Turner Construction Company Recommendation:1) To Approve the GMP (Change Order #1) for the IT Building submitted by Turner Construction Company Funds are Available in the Following Funds from URA Bonds to be issued Cover Memo Item # 7 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 7 Attachment number 1 \nPage 1 of 2 Item # 7 Attachment number 1 \nPage 2 of 2 Item # 7 Public Service Committee Meeting 1/27/2014 12:45 PM Augusta Public Transit CM at Risk Department:Augusta Public Transit Caption:Motion to approve the Christman Company as the Construction Manager at Risk for the Augusta, Georgia Transit Operation and Maintenance Facility on Highway 56. Background:During the Programming Phase of the project, a Request for Qualifications (RFQ) was prepared to solicit qualification statements and proposals for Construction Management at Risk Services for the Transit Operation and Maintenance Facility. Analysis:We received five (5) compliant responses for the Phase I qualifications submittals, after there were evaluated by the selection committee, a short list of four (4) firms was selected, based on scoring according to the scoring matrix included in the Phase II submittals requirements. Financial Impact:This item will be 80% federally funded and 20% locally funded. The total amount of $744,084 for the General Conditions, Preconstruction Services and Management Fees is included in the overall total project budget of $9,480,660 million. Alternatives:1. Approve the selection committee’s recommendation to select The Christman Company as the Construction Manager at Risk for the Augusta, Georgia Transit Operation and Maintenance Facility. 2. Select a different method of procuring the Construction Management at Risk services and award the total contract to a lump sum bidder, which will delay the completion date of the project and increase the total project costs. Recommendation:Approve the selection committee’s recommendation to select the Christman Company as the Construction Manager at Risk for the Augusta, Georgia Transit Operations and Maintenance Facility. Funds are Available in the Following 54709-1210-54-13130 and 54709-1213-52-12115 Cover Memo Item # 8 Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 8 Exhibit G Authorization for Pre - Construction Pursuant to this agreement, the Owner and The Christman Company the Construction Manager hereby execute this Exhibit G and further agree as follows: 1. The Construction Manager’s Guaranteed Maximum Price (“GMP”) proposal dated _______________, attached hereto and incorporated herein, is accepted by the Owner. 2. The General Conditions Guaranteed Maximum Cost for the Project, including this Bid Package, is: $ 524,084.00 3. Preconstruction Services is: $ 35,000.00 4. The Subcontracts Cost is: Bid Package #1 Bid Package #2 Bid Package #3 Bid Package #4 $ TBD $ TBD $ TBD $ TBD 5. 6. The Lump Sum Fixed Management Fee is: The Guaranteed Maximum Price is: $ 185,000.00 $ TBD 7. The Date of Substantial Completion shall be 12 months after Notice-to-Proceed Owner: Construction Manager: Augusta, Georgia By: (Signature) (Seal) (Signature) (Seal) Deke Copenhaver (Name) (Name) Mayor (Title) (Title) 530 Greene Street, Suite 806 (Street Address – No PO Box) (Street Address – No PO Box) Augusta, Georgia 30901 (City, State, Zip) (City, State, Zip) Date of Signature Date of Signature Attachment number 1 \nPage 1 of 2 Item # 8 Attachment number 1 \nPage 2 of 2 Item # 8 Request for Qualifications Request for Qualifications will be received at this office until Wednesday, July 31, 2013 @ 3:00 p.m. for furnishing: RFQ Item #13-165 Construction Manager @ Risk Transit Operations and Maintenance Facility for Augusta Transit 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 viewed on the Augusta Georgia web site under the Procurement Department ARCbid. 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-Qualification Conference will be held on Tuesday, July 9, 2013 @ 10:00 a.m. A mandatory site visit will follow. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, July 11, 2013 @ 5:00 P.M. No RFQ will be accepted by fax, all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening. 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. Please mark RFQ number on the outside of the envelope. Bidders are cautioned that acquisition 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. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle June 13, 20, 27, July 4, 2013 Metro Courier June 19, 2013 Revised: 8/15/2011 Attachment number 2 \nPage 1 of 1 Item # 8 VENDORS Attachment B E-Verify # Addendum 1 SAVE Form Original 6 Copies RW Allen 1015 Broad Street Augusta, GA 30901 Yes 46611 Yes Yes Yes Yes Dabbs Williams 319 S Walnut Street Statesboro, GA 30459 Yes 222733 Yes Yes Yes Yes The Christman Company 2812-B Hillcreek Drive Augusta, GA 30909 Yes KGAF1622/ 142894 Yes Yes Yes Yes Allen-Batchelor 1063 Franke Industial Drive Augusta, GA 30909 Yes 210879 Yes Yes Yes Yes ACC Construction 635 NW Frontage Road Augusta, GA 30907 Yes 261774 Yes Yes Yes Yes Contract Management 1827 Killingsworth Rd Augusta, GA 30904 J & B Construction 3550 Gordon Highway Grovetown, GA 30813 AJAX Building Corp 1004 Sterling Court Roswell, GA Yes No/Non- Compliant Yes Yes Yes Yes Manhattan Construction 5871 Glenridge Drive Atlanta, GA 30328 Brasfield & Gorrie 1990 Vaughn, Suite 100 Kennesaw, GA 30144 No Response RFQ Opening RFQ Item #13-165 Construction Manager @ Risk Transit Operations and Maintenace Facility for Augusta, Georgia - Transit Department RFQ Due: Wednesday, July 31, 2013 @ 10:00 a.m. Page 1 of 1 Attachment number 3 \nPage 1 of 1 Item # 8 AUGUSTAPUBLIC TRANSIT SHARON DOTTERY, TRANSIT CONTRACT MANAGER November 14,2013 Ms. Geri Sams Director of Procurement Augusta Richmond County 530 Greene Street, Room 605 Augusta, GA 30901 RE: Bid #13-165 -CM@ Risk Transit Operations & Maintenance Facility Dear Ms. Sams: We received five (5) compliant responses for Phase I qualifications submittals, after these were evaluated by the selection committee, a short list of Four (4) firms was selected, based on the scoring for Phase I, to participate in the Phase II Interviews. The selection committee completed the evaluations of Phase I and Phase II submittals. Allen-Batchelor's DBE submittals did not acknowledge the DBE goals which were established in the RFP package and were therefore non-compliant. Each of the three remaining proposals were reviewed and discussed. The selection committee recommends that Augusta-Richmond County begin contract negotiations with The Christman Company. Thank you for your assistance in this selection process. If you have any questions or require any additional information, please don't hesitate to contact me. Sincerely, /r/o'trtW Sharon Dottery Transit Contract Manager cc: Tameka Allen, Deputy Administrator Augusta Public Transit 1535 Fenwick Street - Augustq GA 30904 (706) 82 1 -l 81 8 - Fax (706) 821-17 s2 www.augustaga.gov Attachment number 4 \nPage 1 of 1 Item # 8 Transit Phase II CM Summary Phase II Scoring Cumulative including Phase I ACC Construction Co., Inc.Allen + Batcher Construction RW Allen The Christman Company Dabbs Williams General Contractors, LLC Category and Description Pts.635 NW Frontage Road Augusta, GA 30907 1063 Franke Industial Drive Augusta, GA 30909 1015 Broad Street Augusta, GA 30901 2812-B Hillcreek Drive Augusta, GA 30909 319 S Walnut Street Statesboro, GA 30459 Technical Approach 15 12.75 13.50 14.25 14.63 10.10 Firm Organizational Overview 10 8.75 9.00 9.50 9.75 7.30 Company Experience and Performance 15 12.00 11.60 12.00 15.00 9.80 Experience, Competence and Commitment of Key Personnel 10 6.75 7.80 8.25 9.50 6.30 Project Management and Controls 10 8.75 8.50 9.50 9.75 6.50 Peer References 10 8.00 10.00 9.25 9.75 6.00 Augusta Metropolitan Area Experience 5 3.63 4.40 4.63 3.88 3.90 Financial Strength 5 4.75 1.10 2.38 5.00 2.00 Backlog 5 4.25 3.30 4.63 4.63 4.10 Legal Matters 5 3.00 3.10 4.88 4.88 4.10 Pre-Construction Services 10 8.25 9.00 9.50 9.75 6.00 Total Points 100 80.9 81.3 88.8 96.5 66.1 Category and Description Pts. Project Director 4 3.4 3.6 2.8 0.0 Preconstruction Manager 5 3.9 4.5 3.3 0.0 Senior Project Manager 6 4.8 5.4 4.2 0.0 Project Manager 20 15.5 18.0 13.5 0.0 Superintendent 25 20.0 22.5 18.1 0.0 Presentation 10 8.3 8.8 6.8 0.0 Q & A 10 8.8 9.0 6.8 0.0 Fee Proposal 20 20.0 16.0 18.0 0.0 Total Points 100 84.6 87.8 73.4 0.0 Evaluation Committee Comments: During Phase I - RW Allen, The Christman Company, ACC Construction, and Allen-Batchelor Corporation were shortlisted. During Phase II, the shortlisted firms were required to submit an RFP Package and were also requested to make a presentation to the committee. Allen-Batchelor was deemed as non-compliant and was therefore not allowed to make a presentation to the committee. All other firms were evaluated per the RFP criteria which was listed in the RFP package. Per the cumulative evaluation scores, The Christman Company received the highest score and was therefore recommended for the award of RFP 13-165. Phase 1 - Cumulative Evaluation Sheet RFQ 13-165 Construction Mananger @ Risk Transit Operations and Maintenance Facility For Augusta, Georgia - Tranist Department The Christman Company 2812 Hillcreek Drive Suite B Augusta, Georgia 30909 ACC Const. Co, Inc. 635 NW Frontage Road Augusta, Georgia 30907 Allen-Batchelor Construction 1063 Franke Industrial Drive Augusta, Georgia 30909 RW Allen, LLC 1015 Broad Street Augusta, Georgia 30901 Phase II Cumulative Evaluation Sheet Transit Operations and Maintenance Facility Construction Manager at Risk Evaluation Attachment number 5 \nPage 1 of 1 Item # 8 Attachment number 6 \nPage 1 of 4 Item # 8 Attachment number 6 \nPage 2 of 4 Item # 8 Attachment number 6 \nPage 3 of 4 Item # 8 Attachment number 6 \nPage 4 of 4 Item # 8 Attachment number 7 \nPage 1 of 4 Item # 8 Attachment number 7 \nPage 2 of 4 Item # 8 Attachment number 7 \nPage 3 of 4 Item # 8 Attachment number 7 \nPage 4 of 4 Item # 8 Public Service Committee Meeting 1/27/2014 12:45 PM Horace Lee Jamison Department:Clerk of Commission Caption:Presentation by Mr. Horace Lee Jamison regarding his wrongful termination by McDonald Transit. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 9 Attachment number 1 \nPage 1 of 1 Item # 9 Public Service Committee Meeting 1/27/2014 12:45 PM Minutes Department:Clerk of Commission Caption:Motion to approve the minutes of the Public Services Committee held on January 13, 2014. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 10 Attachment number 1 \nPage 1 of 3 Item # 10 Attachment number 1 \nPage 2 of 3 Item # 10 Attachment number 1 \nPage 3 of 3 Item # 10 Public Service Committee Meeting 1/27/2014 12:45 PM Pamela M. Williams Department:Clerk of Commission Caption:Presentation by Ms. Pamela M. Williams regarding her wrongful termination by the Transit Department. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 11 Attachment number 1 \nPage 1 of 1 Item # 11 Attachment number 2 \nPage 1 of 4 Item # 11 Attachment number 2 \nPage 2 of 4 Item # 11 Attachment number 2 \nPage 3 of 4 Item # 11 Attachment number 2 \nPage 4 of 4 Item # 11 Public Service Committee Meeting 1/27/2014 12:45 PM Professional Airfield Pavement Maintenance Services Department:Augusta Regional Airport Caption:Motion to approve the bid selection and contract from Peek Pavement Marking, LLC regarding the rubber removal from runway 17-35 as approved by the Augusta Aviation Commission at their December 19, 2013 meeting. Background:Two years ago, the Runway 17-35 project was successfully completed, transitioning our original asphalt runway to a concrete runway. Since that time, the touchdown zones and centerline have accumulated rubber deposits from the landing gear wheels of arriving aircraft. These rubber deposits have caused the touchdown zones and centerline to become 75% obscured, meaning that these areas are becoming increasingly difficult to see for landing aircraft. The Airport put this project out for bid with three airfield pavement maintenance contractors, of which only one responded. The total project price is $15,250. Analysis:The sole bid was submitted by Peek Pavement Markings, LLC out of Columbus, GA. The bid is for removal of rubber deposits of approximately 9,720 square feet of runway 17-35; the painting of two lead on/off lines totaling 750 square feet; and the painting of shoulder markings on Taxiway Delta totaling 1,575 square feet. The contract identifies the terms and responsibilities of Peek Pavement Marking, LLC and the Augusta Regional Airport during the project. Financial Impact:The total project price is $15,250. Alternatives:Deny request. Recommendation:Approve Peek Pavement Marking, LLC contract in the amount of $15,250. Funds are Available in the Following 551-08-1112/5238210 Cover Memo Item # 12 Accounts: REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission Cover Memo Item # 12 CONTRACT FOR RUNWAY RUBBER REMOVAL AND PAINTING BETWEEN AUGUSTA-RICHMOND COUNTY FOR THE AUGUSTA REGIONAL AIRPORT AND PEEK PAVING MARKING CO. Attachment number 1 \nPage 1 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 2 of 32 TABLE OF CONTENTS Item Description Page Article 1 Scope of Work ................................................................................................ 3 Article 2 Time, Term & Payment .................................................................................. 5 Article 3 Federal Work Authorization ........................................................................... 5 Article 4 Corporate Authority ....................................................................................... 6 Article 5 Contractor’s Performance & Warranties ........................................................ 6 Article 6 Authorized Representatives ............................................................................ 7 Article 7 Changes ..................................................................................................... 7 Article 8 Temporary Suspension or Delay of Performance of Contract ....................... 8 Article 9 Representations & Warranties ........................................................................ 8 Article 10 Assignment ..................................................................................................... 8 Article 11 Notices ..................................................................................................... 9 Article 12 Compliance with Applicable Laws and Regulations ..................................... 9 Article 13 Right to Inspect Premises ............................................................................. 10 Article 14 Royalties & Patents ...................................................................................... 10 Article 15 Prohibited Interests ....................................................................................... 10 Article 16 Insurance ................................................................................................... 10 Article 17 Indemnification & Hold Harmless ............................................................... 13 Article 18 Airport Security Requirements/Special ........................................................... Identification Display Area (SIDA) Badges ................................................ 13 Article 19 Hazardous Materials ..................................................................................... 14 Article 20 Miscellaneous Provisions ............................................................................. 14 EXHIBITS Exhibit A (Bid Price Sheet) .............................................................................................. Exhibit B (Required Submittals) ....................................................................................... Exhibit C (Insurance) ....................................................................................................... Exhibit D (Plans/Map) ...................................................................................................... Attachment number 1 \nPage 2 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 3 of 32 This Contract for the provision of Runway Rubber Removal and Painting (hereinafter designated as the "Contract") made and entered into as of __________________2013, by and between the City of Augusta (City) for the Augusta Regional Airport, (hereinafter designated as "Airport”) and Peek Pavement Marking Company (Hereinafter designated as “Contractor”) a Georgia corporation, whose principal office is located at 4600 Peek Industrial Drive, Columbus, GA 31909. WITNESSETH: WHEREAS, the City is the owner and operator of a full service commercial airport known as the Augusta Regional Airport; WHEREAS, the City issued a Request for Bids (RFB) for the removal of rubber from the runways and painting at the Augusta Regional Airport; and WHEREAS, Contractor provided a bid in compliance with the City’s Request for Bids; and WHEREAS, the Parties desire to enter into a contract for services. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the City and Contractor hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 The Airport is required to perform specialized Airport maintenance including the removal of rubber deposits off the Centerline, of its Concrete Runway 17-35. The Airport is required, by Federal Aviation Administration (FAA) standards, to remove the rubber deposits so that the centerline may be un-obscured. 1.2 Contractor shall use very high pressurized hydro blasting equipment to remove the rubber embedded into the concrete. 1.3 Contractor shall adhere to the FAA’s specialized criteria for the painting of runway pavements, to include runways and taxiways. These markings require specialized paint and beads per FAA AC NO. 150/5370-10F. The taxiway shoulder painting to be marked out and painted with the appropriate paint specifications. 1.4 Contractor shall be escorted at all times while on Airport movement areas. 1.5 All work to be completed during business hours 7am-5pm. Airport OPS will work with Contractor on a pullback basis, working with Air Traffic Control, during daylight hours. 1.6 Details: Taxiway Shoulder Markings 1.6.1 Paint yellow shoulder markings for Taxiway Delta/Charlie (See Attached Map Exhibit D). 1.6.2 All paint should meet specifications as outlined in FAA AC NO. 150/5370-lOF Dated: 09/30/2011 1.6.3 Markings should be 3' by 25' with 25' spacing between markings. Refer to attached map. 1.6.4 Paint for Taxiway Shoulder Markings DOES NOT need to include reflective beads. 1.6.5 Paint Lead-on/off lines. 1.6.6 All paint should meet specifications as outlined in FAA AC NO. 150/5370-lOF Dated: 09/30/2011 1.6.7 Lead On/Off lines- One 235' section and one 265' totaling 500' by 18". Attachment number 1 \nPage 3 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 4 of 32 1.6.8 Yellow paint/markings must include TYPE I glass beads to meet specifications found in FAA AC 150/5370-lOF, P-620. 1.6.9 Application rates are listed below: 1.6.10 WEATHER LIMITATIONS. The painting shall be performed only when the surface is dry and when the surface temperature is at least 45° (7° C) and rising and the pavement surface temperature is at least 5°f (2. 7 °C) above the dew point. Markings shall not be applied when the pavement temperature is greater than 120° (49° C). 1.6.11 EQUIPMENT. Equipment shall include the apparatus necessary to properly clean the existing surface, a mechanical marking machine, a bead dispensing machine, and such auxiliary hand-painting equipment as may be necessary to satisfactorily complete the Job. The mechanical marker shall be an atomizing spray-type or airless-type marking machine suitable for application of traffic paint. It shall produce an even and uniform film thickness at the required coverage and shall apply markings of uniform cross-sections and clear-cut edges without running or spattering and without over spray. 1.6.12 PREPARATION OF SURFACE. Immediately before application of the paint, the surface shall be dry and free from dirt, grease, oil, laitance, or other foreign material that would reduce the bond between the paint and the pavement. The area to be painted shall be cleaned by sweeping and blowing or by other methods as required to remove all dirt, laitance, and loose materials without damage to the pavement surface. Use of any chemicals or impact abrasives during surface preparation shall not be used. 1.7 RUBBER REMOVAL. Contractor shall remove the rubber as follows: 1.7.1 Centerline- Only touchdown areas (27 centerlines: 120' by 3' totaling 9720 square feet). 1.7.2 Rubber Removal shall be done by Water Blasting Only. The use of Chemicals, Sand/ Bead Blasting or Milling/Grinding will not be accepted. 1.7.3 Pressure for water blasting to be set and tested in designated area, by Airport Operations, before blasting starts. 1.7.4 The Airport will be responsible for sweeping the centerline once all rubber removal is complete. 1.7.5 The Airport will be responsible for sweeping Taxiway D where shoulder markings will be put down. 1.8 The term “Work” means the labor, materials, equipment, tools, machinery, supervision, administration, coordination, planning, transportation, security, and all other services and things necessary to provide the Airport with the services required. The Contractor agrees to complete the Work in a good, firm, substantial and professional manner in strict conformity with the requirements and provisions of this Contract and FAA regulations. 1.9 Unless otherwise modified, the Contractor shall furnish all of the Work in accordance with the Contract and all incidental work necessary to complete the Project in an acceptable manner, ready PAINT COLOR PAINT TYPE PAINT APPLICATION RATE GLASS BEADS TYPE AND APPLICATION RATE YELLOW YELLOW-33538 OR 33655 TT-P-1952E TYPE II 115 SQ FEET PER GALLON TT-B-1325D, TYPE III, 7 LBS PER GALLON OF PAINT Attachment number 1 \nPage 4 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 5 of 32 for use, occupancy, or operation by the Airport. The Contractor shall be responsible for the entire project and every part thereof. ARTICLE 2 TIME, TERM AND PAYMENT 2.1 Contract Time. The Contractor shall commence the Work under this Contract within ten (10 ) calendar days from the date of receiving the Notice to Proceed, as evidenced by official receipt of certified mail or acknowledgment of personal delivery, and shall fully complete the Work within sixty (60) calendar days from receiving such Notice to Proceed. The Contract Time may be extended only by Change Order approved and executed by the Aviation Commission, the City and the Contractor in accordance with the terms of this Contract. 2.2 Contract Price. As full payment for the faithful performance of this Contract, the City shall pay the Contractor the Contract Price, which is an amount not to exceed Fifteen Thousand two hundred fifty dollars and zero cents ($15,250.00) unless changed by written Change Order in accordance with the terms of this Contract. Any increase of the Contract Price shall be by Change Order adopted and approved by the Aviation Commission, the City and the Contractor in accordance with the terms of this Contract. Contractor’s bid form is attached hereto as Exhibit A. 2.3 Invoices. Original invoice(s) shall be submitted as follows: Risa Bingham Augusta Regional Airport 1501 Aviation Way Augusta, GA 30906 Ph: (706) 798-3236 FAX: (706) 798-1551 ARTICLE 3 FEDERAL WORK AUTHORIZATION Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the City cannot enter a contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 3.1 Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. 3.2 Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. The signed affidavit is attached to this Contract as Attachment B. 3.3 Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this Contract, Contractor will secure from each Subcontractor an affidavit that indicates the employee-number category applicable to that Subcontractor and certifies the Subcontractor’s current and continuing compliance with O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract and shall be attached hereto as Exhibit C. Attachment number 1 \nPage 5 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 6 of 32 ARTICLE 4 CORPORATE AUTHORITY Contractor has executed the Certificate of Corporate Authority attached hereto as Exhibit C. The officials of the Contractor executing this Contract are duly and properly in office and are fully authorized and empowered to execute the same for and on behalf of the Contractor. Contractor has all requisite power and authority to enter into and perform its obligations under this Contract. The execution and delivery by the Contractor of this Contract and the compliance by the Contractor with all of the provisions of this Contract (i) is within the purposes, powers, and authority of the Contractor; (ii) has been done in full compliance with applicable law and has been approved by the governing body of the Contractor and is legal and will not conflict with or constitute on the part of the Contractor a violation of or a breach of or a default under any indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Contractor is a party or by which the Contractor is otherwise subject or bound, or any license, judgment, decree, law, statute, order, writ, injunction, demand, rule, or regulation of any court or governmental agency or body having jurisdiction over the Contractor; and (iii) has been duly authorized by all necessary action on the part of the Contractor. This Contract is the valid, legal, binding and enforceable obligation of the Contractor. ARTICLE 5 CONTRACTOR'S PERFORMANCE AND WARRANTIES 5.1 Contractor shall, at its own expense, furnish all necessary equipment, management, supervision, labor, technical support and other accessories and services for the performance of the services as described in these Contract Documents. Such services shall be performed in strict accordance with the General Conditions, Special Conditions, and current versions of FAA Advisory Circular 150/5370-10F. 5.2 All performance shall be subject to inspection and approval by the Aviation Director or his designee as provided in said Performance Work Statement. If the Contractor's performance is, or becomes unsatisfactory, as determined by the Aviation Director, an appropriate reduction in payment due will be made from Contractor's invoice and Contractor will be directed to correct the unsatisfactory performance. The correction of unsatisfactory performance shall be at no additional cost to the City or the Airport. 5.3 Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plants, appliances, and methods, and for any damage that may result from their failure or their improper maintenance, or operation. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, local ordinances, and state and federal laws; and shall do, carry on, and complete the entire Work. 5.4 The Contractor shall guarantee all Work to have been accomplished in conformance with the Contract. Neither the final certificate of payment nor any provision of the Contract, nor partial or entire occupancy or use of the Work by the City, shall constitute an acceptance of any part of the Work not done in accordance with the Contract, or relieve the Contractor of liability for incomplete or faulty materials or workmanship. The Contractor shall promptly remedy any omission or defect in the Work and pay for any damage to other improvements or facilities resulting from such omission or defect which shall appear within a period of one year from the date of final acceptance, unless a longer period is elsewhere specified. In the event that the Contractor should fail to make repairs, adjustments, or other remedy that may be made necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 5.5 The Contractor warrants to the City that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract, that the Work will be free from defects not inherent in the quality required or permitted, and that the Attachment number 1 \nPage 6 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 7 of 32 Work will conform to the requirements of the Contract. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. The City, in its sole discretion, may exclude from the Contractor's warranty, remedies for damage or defect, which the City determines, were caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All warranties and guaranties shall extend for the greatest of one year commencing on the dates of Completion of the Work or such longer period of time as is required by the Contract. If any defect or deviation should exist, develop, be discovered or appear within such one year period, the Contractor, at it sole cost and expense and immediately upon demand, shall fully and completely repair, correct, and eliminate such defect. The foregoing warranties and guarantees are cumulative of and in addition to, and not restrictive of or in lieu of, any and all other warranties and guarantees provided for or required by law. No one or more of the warranties contained herein shall be deemed to alter or limit any other. 5.6 The obligation of this Section shall survive acceptance of the Work and termination of the Contract. All manufacturer warranties and guarantees shall be delivered to the City prior to Substantial Completion and such delivery shall be a condition precedent to the issuance of the Certificate of Substantial Completion. Before Final Payment, the Contractor shall assign and transfer to the City all guarantees warranties and agreements from all contractors, Subcontractors, vendors, Suppliers, or manufacturers regarding their performance quality of workmanship or quality of materials supplied in connection with the Work. The Contractor represents and warrants that all such guarantees, warranties and agreements will be freely assignable to the City, and that upon Final Completion of the Work, all such guarantees, warranties and agreements shall be in place and enforceable by the City in accordance with their terms. ARTICLE 6 AUTHORIZED REPRESENTATIVES 6.1 CITY/AIRPORT’S REPRESENTATIVE AIRPORT’S REPRESENTATIVE: shall be Tim Weegar, Aviation Division or his designee. 6.2 CONTRACTOR’S REPRESENTATIVE(S) Contractor must designate in writing a person(s) acceptable to Airport to serve as its representative ("Contractor’s Representative”) in all dealings with Airport. Contractor’s Representative may be changed upon prior written notice delivered to Airport’s Representative. Contractor’s representative shall be Brad Dye. ARTICLE 7 CHANGES The City may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. Written agreements, changes, or amendments to this Contract shall not be binding upon the City unless signed by the Aviation Commission. Attachment number 1 \nPage 7 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 8 of 32 ARTICLE 8 TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT To the extent that it does not alter the scope of this Contract, the City may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Contractor under this Contract. ARTICLE 9 REPRESENTATIONS AND WARRANTIES Contractor’s Representations and Warranties Regarding Capacity to Contract and Perform Work/Services. In order to induce the City to enter into this Contract, Contractor hereby represents and warrants to the City as of the date above written that: 9.1. Contractor is duly organized and validly existing in good standing under the laws of the state of Georgia in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and 9.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 9.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; 9.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 9.5 Contractor has not been debarred by any city, state or federal agency. ARTICLE 10 ASSIGNMENT Without the prior written consent of City, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 10.1 Consent of City Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of City will be void, except that, upon ten (10) calendar days prior written notice to City, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of City and to any deductions provided for in this Contract. 10.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 10.3 Parties Bound. This Contract will be binding upon and inure to the benefit of City and Contractor and their respective successors and assigns. Attachment number 1 \nPage 8 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 9 of 32 ARTICLE 11 NOTICES 11.1 Delivery. All notices given by either party to the other under this Contract must be in writing and may be delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand-delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled “Addresses”. 11.2 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand-delivery will be deemed to be received upon acceptance by the respective party or its agent. 11.3 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 11.4 Addresses. To Airport: For all notices to City the address will be: Executive Director Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 With a copy to: Augusta General Counsel Augusta Richmond City Department of Law 501 Greene St. Augusta, Georgia 30901 To CONTRACTOR: For all notices to CONTRACTOR the address will be: Peek Pavement Marking Co. 4600 Peek Industrial Drive Columbus, GA 31909 Attn: Brad Dye (706) 563-7959 (phone) (706) 563-7762 (fax) ARTICLE 12 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor covenants and agrees that it, its agents and employees will comply with all Georgia, City, state, and federal laws, rules, regulations, Airport Rules and Regulations and City ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. In the event that any governmental authority imposes new or materially increased taxes upon the Contractor’s operations, the parties agree to negotiate changes in billing reflecting such increased tax costs. All references to Federal codes, provisions, regulations, and rules are incorporated by reference as if fully set forth herein. Attachment number 1 \nPage 9 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 10 of 32 ARTICLE 13 RIGHT TO INSPECT PREMISES The City may, at reasonable times, inspect the part of the plant, place of business, or work site of Contractor or any of its subcontractor or subunit thereof which is pertinent to the performance of any Contract awarded or to be awarded. ARTICLE 14 ROYALTIES AND PATENTS The Contractor shall hold and save the City and its elected officials, officers, agents, servants, and employees, harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. ARTICLE 15 PROHIBITED INTERESTS No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract, or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. ARTICLE 16 INSURANCE During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the City and the Aviation Commission, the types of insurance as set forth in the Augusta-Richmond County Code, and Georgia law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and with an Insurer rated “A” or better by AM Best. All policies shall include hold harmless provisions. In the event of a conflict between the provisions of the Augusta-Richmond County Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the Augusta-Richmond County Code, as amended. 16.1 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 16.2 The Contractor shall procure and maintain continuously in effect throughout the term of its activities upon the Airport at Contractor’s sole expense, insurance of the types and in at least such minimum amounts as set forth in this Section. 16.3 The Contractor’s insurance policies as required by this Contract shall apply separately to the City as if separate policies had been issued to Contractor and City. The Contractor’s Comprehensive General Liability policy shall protect the City, its officers, elected officials, employees, agents Attachment number 1 \nPage 10 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 11 of 32 and the Aviation Commission and its employees against any and all liability created by reason of Contractor’s conduct. 16.4 The Contractor’s insurance shall not be subject to cancellation or material alteration until at least thirty (30) days written notice has been provided to the City’s Risk Manager. (a) Contractor shall furnish to the Risk Manager Certificates of Insurance evidencing that all of the herein stated requirements have been met. The amount or amounts of all required policies shall not be deemed a limitation of the Contractor’s Contract to indemnify and hold harmless the City, its officers, elected officials, employees, agents and the Aviation Commission and its employees; and in the event Contractor or the City shall become liable in an amount in excess of the amount or amounts of such policies, then the Contractor shall save the City, its officers, elected officials, employees, agents and the Aviation Commission and its employees harmless from the whole thereof, except in the event of the sole gross negligence of the City. 16.5 The Contractor is required to maintain minimum insurance to protect the Contractor and Augusta, GA from the normal insurable liabilities that may be incurred by Contractor. In the event such insurance as required shall lapse, the City and the Aviation Commission reserve the right to obtain such insurance at the Contractor’s sole expense. 16.6 The insurance policies for coverage listed in this Section shall contain a provision that written notice of cancellation or any material change in policy by the insurer shall be delivered to the City no less than thirty (30) days prior to cancellation or change. 16.7 Contractor shall carry the following types and minimum amounts of insurance coverage at the Airport: (a) Worker’s Compensation Insurance - With employer’s liability coverage of at least $1,000,000 each accident, $1,000,000 each employee and a $1,000,000 disease policy limit. The foregoing insurance shall be endorsed to state that that the workers’ compensation carrier waives its right of subrogation against the Augusta Richmond County Board of Commissioners, their officers, agents, elected and appointed officials, representatives, volunteers, and employees and the Aviation Commission. (b) Comprehensive General Liability Insurance – In the amount of Five Million ($5,000,000) against claims for bodily injury, death or property damage occurring on, in about the Contractor’s premises and the Airport, in an amount recommended by the Risk Manager and acceptable to the City. Said coverage shall include products and completed operations. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission’s insurance and that the carrier waives its right of subrogation against Augusta- Richmond County, the Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta- Richmond County Commission, the Aviation Commission, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies, including products and completed operations. Said policy shall contain Severability of Interest Clause and shall include Contractual Liability coverage at least as broad as that given in the most current CG 00 01 ISO form. (c) Automobile Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Attachment number 1 \nPage 11 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 12 of 32 Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor’s Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission’s insurance and that the carrier waives its right of subrogation against Augusta-Richmond County, the Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta-Richmond County Commission, the Aviation Commission, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. (d) All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the City and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. The insurance coverage and limits required shall be evidenced by properly executed certificates of insurance. These certificates shall be signed by the authorized representative of the insurance company shown on the certificate. The required policies of insurance shall be in compliance with the laws of the State of Georgia. 16.8 If at any time the Aviation Director requests a written statement from the insurance company as to any impairments to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Aviation Commission. Contractor authorizes the Aviation Commission and/or the City’s Risk Manager to confirm with Contractor’s insurance agents, brokers, and insurance companies all information furnished. 16.9 The acceptance of delivery to the City and the Aviation Commission of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the City or the Aviation Commission that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the City. 16.10 The Contractor and the City understand and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the City, within sixty (60) days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 16.11 If at any time the Airport Director requests a written statement from the insurance companies as to any impairments to the Aggregate Limit, prompt authorization and delivery of all requested information will be given to the Aviation Commission. Renewal Certificates of Insurance must be provided to the City and Aviation Commission as soon as practical but in every instance prior to expiration of current coverage. 16.12 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the City and Aviation Commission. 16.13 An insurance binder letter or a Certificate of Insurance must be sent to: City of Augusta Risk Manager 530 Greene Street Room 217 Attachment number 1 \nPage 12 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 13 of 32 Augusta, Ga. 30901 (706) 821-2502 (Fax) ARTICLE 17 INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the Augusta Aviation Commission, Augusta-Richmond County Board of Commissioners and their members, officers, elected officials, agents, servants, employees and successors in office, as set forth in the Augusta-Richmond County Code, and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein, from any and all claims including reasonable attorney's fees and expenses of litigation incurred by the Augusta-Richmond County Board of Commissioners and the Augusta Aviation Commission, in connection therewith related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about Airport property which are in any way related to or arising out of any failure of Contractor to perform its obligations hereunder. Contractor further agrees that the foregoing contract to indemnify and hold harmless applies to any claims for damage or injury to any individuals employed or retained by Contractor in connection with any changes, additions, alterations, modifications and/or improvements made to the premises, and hereby releases the Augusta-Richmond County Board of Commissioners and the Augusta Aviation Commission, from liability in connection with any such claims. In the event of a conflict between the provisions of the Augusta-Richmond County Code and this Contract, the broader requirement shall govern. ARTICLE 18 AIRPORT SECURITY REQUIREMENTS/ SPECIAL IDENTIFICATION DISPLAY AREA (SIDA) BADGES Contractor’s employees may be required to operate in Airport secure areas unless escorted by Airport employees. Contractor may be required to obtain the Airport’s Special Identification Display Area (SIDA) badges for any employee working in the secured area. If badges are required, Contractor shall comply, at its own expense, with the Transportation Security Authority (TSA) and the Airport’s security requirements for the Airport including, but not limited to employee training and badging. Contractor shall cooperate with the TSA and the Airport on all security matters and shall promptly comply with any project security arrangements established by the Airport. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above-noted items, nor shall it be construed as limiting in any manner Contractor’s obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Premises and throughout the Airport. All employees shall be properly badged and comply with all Airport safety and security rules. 18.1 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Airport will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 18.2 Contractor consents to such an inquiry and agrees to make available to the Airport such books and records the Airport deems necessary to conduct the review. 18.3 Contractor shall pay all costs associated with providing SIDA badges. Attachment number 1 \nPage 13 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 14 of 32 ARTICLE 19 HAZARDOUS MATERIALS Contractor shall not cause or permit any Hazardous Material to be brought, kept or used in or about the Airport by Contractor, its agents, employees, subcontractors, or invitees. Without limiting the foregoing, if the presence of any Hazardous Material in the Airport caused or permitted by Contractor results in any contamination of the Airport, Contractor shall promptly take all actions at its sole expense as are necessary to return the Airport to the conditions existing prior to the introduction of such Hazardous Material to the Airport; provided that Airport’s approval of such actions, and the corrective actions to be used by Contractor in connection therewith, shall first be obtained. The term “Hazardous Material” means any hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority or the United States Government. The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined as a “hazardous waste”, “extremely hazardous waste”, or “restricted hazardous waste” or similar term under any laws now or hereafter enacted by the United States or the State of Georgia or any political subdivision thereof, or (ii) designated a “hazardous substance” pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317, or (iii) defined as a “hazardous waste” pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C.§ 6901 et seq., or (iv) defined as a “hazardous substance” pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. ARTICLE 20 MISCELLANEOUS PROVISIONS 20.1 NO PARTNERSHIP OR JOINT VENTURE; INDEPENDENT CONTRACTOR. Nothing contained in this Contract will be deemed to create a partnership or joint venture between City and Contractor or cause City to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to City is other than as City’s Contractor. Contractor must act as an independent agent and not as the agent of City in performing this Contract, maintaining complete control over its employees and all of its lower- tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower-tier supplier or subcontractor and City. No act or direction of the City shall be deemed to be the exercise of supervision or control of the Contractor’s performance hereunder. Contractor is acting, in performance of this Contract, as an independent Contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the City’s or the Airport’s employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor's employees. The City shall not be responsible for payment of Worker's Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Contractor employee, or Contractor's subcontractors or agent's employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the terms set forth herein. 20.2 PATENT INDEMNITY. Except as otherwise provided, the Contractor agrees to indemnify the City and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of Attachment number 1 \nPage 14 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 15 of 32 the performance of this Contract or out of the use or disposal by or for the account of the City of supplies furnished or construction work performed hereunder. 20.3 COMMERCIAL ACTIVITY: Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. 20.4 CONTINGENT FEES. Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, City may terminate the Contract and, at its discretion, may deduct from the Contract Sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. 20.5 WAIVER. The failure of City to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by City. The provision in this Contract of any particular remedy will not preclude City from any other remedy. 20.6 FORCE MAJEURE. Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation by reason of such Force Majeure, there shall be an equitable adjustment of the schedule. Contractor will not be liable for failure to perform or for delay in performance as a result of Force Majeure, including the following: (a) Any cause beyond its reasonable control; (b) Any act of God; (c) Inclement weather; (d) Earthquake; (e) Fire; (f) Explosion; (g) Flood; (h) Strike or other labor dispute; (i) Any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other transportation facility; (j) Delay or failure to act of any governmental or military authority; (k) Any war, hostility or invasion; (l) Any embargo, sabotage, civil disturbance, riot or insurrection; (m) Any legal proceedings; or (n) Failure to act by Contractor’s suppliers due to any cause which Contractor is not responsible, in whole or in part. 20. 7 PERMITS. Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Airport. Attachment number 1 \nPage 15 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 16 of 32 20.8 WORK PERMITS REQUIRED. Contractor agrees and acknowledges that its employees and agent's employees, as well as any subcontractors or subcontractors' personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et seq. 20.9 COUNTERPARTS. This Contract may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same Contract. 20.10 CAPTIONS. The section captions contained in this Contract are for convenience only and do not in any way limit or amplify any term or provision hereof. The use of the terms “hereof,” “hereunder” and “herein” shall refer to this Contract as a whole, inclusive of the Exhibits, except when noted otherwise. The use of the masculine or neuter genders herein shall include the masculine, feminine and neuter genders and the singular form shall include the plural when the context so requires. 20.11 ARTICLE FURTHER ACTS. City and Contractor each agrees to perform any additional acts, execute, and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and effectuate the intent of this Contract. 20.12 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. 20.13 PROHIBITION AGAINST CONTINGENT FEES. The Contractor by execution of this Contract warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fees, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. 20.14 CONFLICT IN DOCUMENTS AND PRESENT DOCUMENTS. The Contractor shall in no case claim a waiver of any specification requirements on the basis of previous approval of material or workmanship on other jobs of like nature or on the basis of what might be considered “standard” for material or workmanship in any particular location. The Contract for this Project shall govern the Work. If any portion of the Contract shall be in conflict with any other portion, the various documents comprising the Contract shall govern in the following order of precedence: Contract, Change Orders or modifications issued after execution of the Contract; the General Requirements of the Contract; the Specifications; the Drawings; as between schedules and information given on the drawings, the schedules shall govern; as between figures given on Drawings and the scaled measurements, the figures shall govern; as between large-scale Drawings and small-scale Drawings, the larger scale shall govern; and detailed drawings shall govern over general drawings; the Bid Document Package. 20.15 GOVERNING LAW. This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and Augusta-Richmond City fix jurisdiction and venue for any action brought with respect to this Contract in Augusta-Richmond City, Georgia. Contractor specifically consents to venue in Richmond City and waives any right to contest the venue in the Superior Court of Richmond City, Georgia or the Southern District Court of Georgia. Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared same, it being agreed that the agents of Attachment number 1 \nPage 16 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 17 of 32 all parties have participated in the preparation hereof and all parties have had an adequate opportunity to consult with legal counsel. 20.16 ENTIRE AGREEMENT. This Contract constitutes the sole agreement between the City and the Contractor. No representations oral or written not incorporated herein shall be binding on the parties. No Change Order, Field Order, amendment or modification of this Contract shall be enforceable unless approved by official action as provided in this Contract. Attached hereto and incorporated herein as part of this Contract are Addendums, Exhibits, Insurance, Statement of Non-Discrimination, Non-Collusion Affidavit of Prime Bidder Non-Collusion Affidavit of Sub-Contractor(s), Conflict of Interest and Contractor Affidavit and Agreement, Bidder’s Form/Acknowledgement of Addenda, Georgia Security and Immigration Contractor Affidavit, Georgia Security and Immigration Subcontractor Affidavit. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. ____________________________ Douglas Lively, Chairman Augusta Regional Airport Aviation Commission ATTEST:____________________________ CONTRACTOR AUGUSTA-RICHMOND COUNTY COMMISSION BY:_____________________________ BY:___________________________ TITLE:__________________________ TITLE:________________________ ATTEST: ATTEST: ________________________________ ______________________________ CITY CLERK Attachment number 1 \nPage 17 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 18 of 32 EXHIBIT A BID PRICE SHEET Attachment number 1 \nPage 18 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 19 of 32 Attachment number 1 \nPage 19 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 20 of 32 EXHIBIT B REQUIRED SUBMITTALS Attachment number 1 \nPage 20 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 21 of 32 Attachment number 1 \nPage 21 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 22 of 32 Attachment number 1 \nPage 22 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 23 of 32 Attachment number 1 \nPage 23 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 24 of 32 Attachment number 1 \nPage 24 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 25 of 32 Attachment number 1 \nPage 25 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 26 of 32 Attachment number 1 \nPage 26 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 27 of 32 Attachment number 1 \nPage 27 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 28 of 32 EXHIBIT C INSURANCE Attachment number 1 \nPage 28 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 29 of 32 Attachment number 1 \nPage 29 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 30 of 32 EXHIBIT D PLANS/MAP Attachment number 1 \nPage 30 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 31 of 32 Attachment number 1 \nPage 31 of 32 Item # 12 Contract for Runway Rubber Removal and Painting Page 32 of 32 Attachment number 1 \nPage 32 of 32 Item # 12 Invitation to Bid Professional Services Sealed bids will be received at this office until Friday, November 1, 2013 @ 11:00 a.m. for furnishing: Bid Item 13-227 Runway Rubber Removal & Painting for Augusta Regional Airport 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 viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. 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. No bid will be accepted by fax, all must be received by mail or hand delivered. The local bidder preference program is applicable to this project. To be approved as a local bidder and receive bid preference 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. No Bid may be withdrawn for a period of 90 days after time has been called on the date of opening. 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. Please mark BID number on the outside of the envelope. Bidders are cautioned that acquisition of BID documents through any source other than the office of the Procurement Department is not advisable. Acquisition of BID documents from unauthorized sources placed the bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director cc: Tameka Allen Deputy Administrator Gary LeTellier Augusta Regional Airport Tim Weegar Augusta Regional Airport Attachment number 2 \nPage 1 of 1 Item # 12 VENDORS Attachment B E-Verify # SAVE Form Addendum 1 Bid Price Peek Pavement Marking 4600 Peek Industrial Dr Columbus, GA 31908 Yes 41699 Yes Yes $15,250.00 HiI-Lite 18249 Hi-Lite Drive P. O. Box 46 Adams Center, NY Road Runner Markings 1151 McFarland Street Dunedin, FL 34698-3528 Bid Item #13-227 Runway Rubber Removal & Painting for Augusta, Georgia - Augusta Regional Airport Bid Due: Thursday, November 7, 2013 @ 11:00 a.m. Page 1 of 1 Attachment number 3 \nPage 1 of 1 Item # 12 Attachment number 4 \nPage 1 of 1 Item # 12 ATTN: BRAD DYE PEEK PAVEMENT MARKINGS, LLC 4600 PEEK INDUSTRIAL DRIVE P. O. BOX 7337 COLUMBUS, GA 31908 ATTN: DENNIS HAEFNER HI-LITE 18249 HI-LITE DRIVE P. O. BOX 46 ADAMS CENTER, NY ATTN: JAMES W. SEFCIK ROAD RUNNER MARKINGS, INC. 1151 MCFARLAND STREET DUNEDIN, FL 34698-3528 GARY LETELLIER AUGUSTA REGIONAL AIRPORT TIM WEEGAR AUGUSTA REGIONAL AIRPORT Bid Item 13-227 Runway Rubber Removal & Painting mailed 10/24/13 Bid Item 13-227 Runway Rubber Removal & Painting For Augusta Regional Airport Bid Due: Fri. 11/1/13 @ 11:00 a.m. Attachment number 5 \nPage 1 of 1 Item # 12 Public Service Committee Meeting 1/27/2014 12:45 PM Update on RFP Process for Augusta Municipal Golf Course Department:Clerk of Commission Caption:Update from staff on the RFP process for "The Patch" golf course. (Requested by Commissioner Mary Davis) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Cover Memo Item # 13 Attachment number 1 \nPage 1 of 1 Item # 13