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HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GA AND VIKING ENGINERING & CONSTRUCTION MANAGEMENT, LLC FOR AIRPORT PARKING CANOPIES .4te, t.. . 9- 4 is ` Iv(*2*1c)I1f1I Aitpori. CONTRACT AUGUSTA-RICHMOND COUNTY FOR THE AUGUSTA REGIONAL AIRPORT AND VIKING ENGINEERING & CONSTRUCTION MANAGEMENT, LLC FOR AIRPORT PARKING CANOPIES This Contract for the provision of Airport Parking Canopies(hereinafter designated as the"Contract")made and entered into as of this day of 2019, by and between the Augusta Aviation Commission for the Augusta Regional Airport, (hereinafter designated as"Airport")and Viking Engineering & Construction, Management, LLC (hereinafter designated as "Contractor") a Georgia limited liability company, whose business address is 118 Malone Street, Sanderville, GA 31082. WITNESSETH: WHEREAS, the City of Augusta (the City) is the owner and operator of a full-service commercial Airport known as the Augusta Regional Airport at Bush Field (the Airport); WHEREAS, the City solicited bids for the provision of Airport Parking Canopies at the Augusta Regional Airport; and WHEREAS, Contractor provided a bid in compliance with all City requirements. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the Airport and Contractor hereby agree as follows: OBJECTIVES OF SERVICES The objective of contracting the services described in this Contract is the provision of Parking Canopies in accordance with the plans and specifications set forth herein. The Airport is a full-service commercial Airport, served by Delta(ASA)Airlines,American and U.S.Airways routinely provide 100%of the commercial arrival and departure traffic. The commercial traffic is comprised of sixteen (16) daily arrivals and sixteen (16) daily departures, seven (7) days per week. The facilities are operated twenty-four(24) hours/day, seven (7) days/week and three hundred sixty-five days per year.The work involves providing Parking Canopies at the Airport's parking lot entrances and exit plaza. SECTION 1.0 ARTICLE 1 SCOPE OF WORK 1.1 The term "Work" means the construction, labor, materials, equipment, tools, machinery, testing, temporary services and utilities, supervision, administration, coordination, planning, insurance, bonds, transportation, security, and all other services and things necessary to provide the Airport with the facilities, improvements, features, and functions described in the Specifications identified in Attachment 1, and the Drawings identified in Attachment 2. The Specifications and the Plans are hereby incorporated into and made a part of this Contract. The Contractor agrees to complete the Work in a good,firm, substantial and workmanlike manner in strict conformity with this Contract. 1.2 Additionally, the following specific items shall be considered a part of the Contract Documents by reference when appropriately executed. 1.2.1 100% Labor and Materials Payment Bond. 1.2.2 100% Performance Bond. 1.2.3 The Certificate of Insurance Contract for Canopies Page 2 of 132 1.2.4 The Contractor's completed Bid Form dated 1.2.5 The Contractor's statement of qualifications 1.2.6 All required submittals. 1.3 The Contractor agrees to furnish all of the materials and all of the equipment and labor necessary and to perform all of the work entitled Airport Parking Canopies(the Project) in compliance with the Specifications and Drawings dated September 28, 2018, prepared by Mead and Hunt and in accordance with the requirements and provisions of these Contract Documents. 1.4 Unless otherwise modified by a written and properly executed Change Order, 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 for use, occupancy, or operation by the Airport. The Contractor shall be responsible for the entire Work 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 eighty (80) 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 County 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 County shall pay the Contractor the Contract Price, which is an amount not to exceed Two Hundred eighty-nine thousand two hundred and seventeen dollars ($289,217.00) 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 County and the Contractor in accordance with the terms of this Contract. 2.3 Subject to satisfactory completion of work performed, payments on account thereof shall be made as set forth in Section GP-90 Measurement and Payment: 2.4 Contractor and County agree to abide by all applicable provisions of Georgia state law concerning retainage, including but not limited to O.C.G.A. §13-10-80. If the terms of this Contract concerning retainage conflict with state law, state law governs. 2.5 Invoices. Original invoice(s) must be submitted as follows: Marc Godzina Mead & Hunt, Inc. 5955 Core Rd, Suite 510 North Charleston, SC 29406 With a Copy to: Risa Bingham Augusta Regional Airport 1501 Aviation Way Augusta, GA 30906 Ph.: (706) 798-3236 FAX: (706) 798-1551 Contract for Canopies Page 3 of 132 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 has executed 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. 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 shall be attached hereto. ARTICLE 4 CORPORATE AUTHORITY Contractor has executed a Certificate of Corporate Authority attached hereto. 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 INDEPENDENT CONTRACTOR 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 its employees and subcontractors. The Airport 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, its subcontractors or agent's employees, but such responsibility shall be solely that of Contractor. This clause of the Contract does not prevent the 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. No act or direction of the City or Airport shall be deemed to be the exercise of supervision or control of the Contractor's performance hereunder. Contract for Canopies Page 4 of 132 ARTICLE 6 PATENT INDEMNITY Except as otherwise provided, the Contractor shall indemnify the City and its Board of Commissioners, the Aviation Commission, and their officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City of the equipment furnished or construction work performed hereunder. ARTICLE 7 CONTRACTOR'S PERFORMANCE 7.1 Contractor shall, at its own expense, furnish all necessary equipment, management, supervision, labor, technical support and other accessories and services for maintenance, and the performance of other services as described in these Contract Documents. Such services shall be performed in strict accordance with the terms herein, Specifications and Plans. 7.2 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 may be made from Contractor's invoice and Contractor shall correct any unsatisfactory performance. The correction of unsatisfactory performance shall be at no additional cost to Airport. ARTICLE 8 AUTHORIZED REPRESENTATIVES 8.1 CITY/AIRPORT'S REPRESENTATIVE AIRPORT'S REPRESENTATIVE: shall be Adrienne Allen Ayers, Engineering Division or her designee. 8.2 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 Billy Wiggins, MS, PE. ARTICLE 9 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 Airport except through a properly executed Change order. ARTICLE 10 CONTRACTOR'S OBLIGATIONS The Contractor shall, in good workmanlike manner, do and perform, all Work and furnish all supplies and materials, machinery, equipment, facilities, and means, except as herein otherwise expressly specified, necessary, or proper to perform and complete all the Work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Plans and Drawings of the Work covered by this Contract and any and all supplemental drawings of the Work covered by this Contract. Contractor shall furnish, erect, maintain, and remove such equipment, construction, and such temporary works as may be required. Contractor alone shall be responsible for the Contract for Canopies Page 5 of 132 safety, efficiency, and adequacy of its equipment, installations, and methods, and for any damage which may result from their failure or their improper construction, installation, 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. ARTICLE 11 TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT To the extent that it does not alter the scope of this Contract, the Airport may unilaterally order a temporary stopping of the Work or delaying of the Work to be performed by Contractor under this Contract. ARTICLE 12 COMMERCIAL ACTIVITIES 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. ARTICLE 13 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, the Airport 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. ARTICLE 14 RIGHTS AND REMEDIES The rights and remedies of Airport provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. ARTICLE 15 REPRESENTATIONS AND WARRANTIES 15 Contractor's Representations and Warranties Regarding Capacity to Contract and Perform WorkdServices. In order to induce the Airport to enter into this Contract, Contractor hereby represents and warrants to the City as of the date above written that: 15.1. Contractor is duly organized and validly existing in good standing under the laws of the state of South Carolina 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 15.2 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 15.3 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, Contract for Canopies Page 6 of 132 and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms; 15.4 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 15.5 Contractor has not been debarred by any city, state or federal agency. ARTICLE 16 ASSIGNMENT 16. Without the prior written consent of Airport, 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. 16.1 Consent of Airport Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of Airport shall be void, except that, upon ten (10) calendar days prior written notice to the Airport, the 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 the Airport and to any deductions provided for in this Contract. 16.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 16.3 Parties Bound. This Contract will be binding upon and inure to the benefit of the Airport and Contractor and their respective successors and assigns. ARTICLE 17 NOTICES 17. 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". 17.1 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. 17.2 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. 17.3 Addresses. To Airport: For all notices to City the address will be: Executive Director Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 Contract for Canopies Page 7 of 132 With a copy to: Augusta General Counsel Augusta Richmond County Department of Law 501 Greene St. Augusta, Georgia 30901 To CONTRACTOR: For all notices to CONTRACTOR the address will be: Viking Engineering &Construction Management, LLC 118 Malone Street Sanderville, GA 31082 bwiggins@vikingecm.com (478)232-3846 ARTICLE 18 WAIVER The failure of the Airport 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 the Airport. The provision in this Contract of any particular remedy will not preclude the Airport from any other remedy. ARTICLE 19 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS Contractor covenants and agrees that it, its agents and employees will comply with all Georgia, county, 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 the Airport during the term of this Contract, including any renewal periods. All references to the City, Airport or Federal codes, provisions, regulations, and rules are incorporated by reference as if fully set forth herein. ARTICLE 20 RIGHT TO INSPECT PREMISES The Airport 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 this Contract. ARTICLE 21 ROYALTIES AND PATENTS The Contractor shall indemnify, hold and save the Aviation Commission,the City of Augusta and its elected and appointed 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, equipment 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 22 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 Contract for Canopies Page 8 of 132 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. 22.1 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 22.2 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. 22.3 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 Augusta, GA, its officers, elected and appointed officials, employees, agents and the Aviation Commission and its employees against any and all liability created by reason of Contractor's conduct. 22.4 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 Augusta, GA, its officers, elected and appointed officials, employees, agents and the Aviation Commission and its employees; and in the event Contractor or Augusta, GA shall become liable in an amount in excess of the amount or amounts of such policies, then the Contractor shall save Augusta, GA, its officers, elected and appointed officials, employees, agents and the Aviation Commission and its employees harmless from the whole thereof, except in the event of gross negligence of Augusta, GA. 22.5 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, Augusta, GA and the Aviation Commission reserve the right to obtain such insurance at the Contractor's sole expense. 22.6 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. 22.7 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- Georgia its officers, agents, elected and appointed officials, representatives, volunteers, and employees, and the Aviation Commission its employees. (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 Contract for Canopies Page 9 of 132 state that it will be primary to the City and the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta-GA, the Aviation Commission and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, GA, the Aviation Commission, their officers, employees, 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,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 Augusta GA and the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, GA, the Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta GA, the Aviation Commission, and their officers, agents, employees, 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. 22.8 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. 22.9 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. 22.10 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 ten (10) days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. Contract for Canopies Page 10 of 132 22.11 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. 22.12 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. 22.13 An insurance binder letter or a Certificate of Insurance must be sent to: Augusta Regional Airport 1501 Aviation Way Augusta, Ga. 30901 ARTICLE 23 INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the Augusta Aviation Commission, Augusta, GA and their members, officers, elected and appointed 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 GA 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, GA 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 24 BONDS 24.1 The Contractor's payment and performance bonds are attached hereto as. Each bond shall: (a) Be in a form approved by the Airport; (b) Incorporate by reference the terms of this Contract For Airport Parking Canopies; (c) Be executed by a company certified by the Secretary of the United States Department of Treasury pursuant to the Act of July 30, 1947 (61 Stat. 646, as amended;6 U.S.C. 6-13)and listed in the most current U.S. Treasury Circular 570 document"Surety Companies Acceptable on Federal Bonds," as published in the Federal Register, and having a current A.M. Best rating of "A" (Superior) with a Financial Size Category of XII or better; Contract for Canopies Page 11 of 132 (d) Be executed by a company licensed and authorized to do business in the state of Georgia; (e) Be accompanied by a power of attorney certifying that the persons executing the bond have the authority to do so. 24.2 The Contractor shall deliver any required bonds and powers of attorney to the Airport prior to commencement of the Work. 24.3 The bonding company that issues the bonds must be registered with the Surety Association of America (SAA). 24.4 The bonds shall remain in effect for a period of not less than two (2) years following the date of delivery or the time required to resolve any items of incomplete work and payment of any disputed amounts whichever time period is longer, or any statutory period applicable to the Airport. 24.5 No surety will be accepted who is now in default or delinquent on any bonds or who is interested in any litigation against the City. 24.6 Each surety shall designate an agent resident in the State of Georgia to whom any requisite notices may be delivered and on whom services of process may be had in matters arising out of such surety provider. ARTICLE 25 FORCE MAJEURE 25.1 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. 25.2 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. 25.3 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; 25.4 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; Contract for Canopies Page 12 of 132 25.5 Delay or failure to act of any governmental or military authority; 25.6 Any war, hostility or invasion; 25.7 Any embargo, sabotage, civil disturbance, riot or insurrection; 25.8 Any legal proceedings; or 25.9 Failure to act by Contractor's suppliers due to any cause which Contractor is not responsible, in whole or in part. ARTICLE 26 PERMITS 26.1 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 prior to commencement of Work. 26.2 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. ARTICLE 27 AIRPORT SECURITY REQUIREMENTS IDENTIFICATION DISPLAY AREA(SIDA) BADGES 27. Contractor's employees may be required to operate in the Airport's secure areas. Contractor shall be required to obtain the Airport's Security Identification Display Area(SIDA)badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Authority (TSA) and the Airport's security requirements for the Airport's SIDA 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. 27.1 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. 27.2 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. 27.3 Contractor shall pay all costs associated with providing SIDA badges. Contract for Canopies Page 13 of 132 ARTICLE 28 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 29 GOODS, PRODUCTS AND MATERIALS 29.1 The Contractor shall furnish goods, products, materials, equipment and systems which: 29.2 Comply with this Contract for; 29.3 Conform to applicable regulations, specifications, descriptions, instructions, data and samples; 29.4 Are new and without damage; 29.5 Are of quality, strength, durability, capacity or appearance equal to or higher than that required by the Contract Documents; 29.6 Are free from defects; and 29.7 Are beyond and in addition to those required by manufacturers' or suppliers' specifications where such additional items are required by the Contract Documents. 29.8 All goods, products, materials, equipment and systems named or described in the Contract Documents, and all others furnished as equal thereto shall, unless specifically stated otherwise, be furnished, used, installed, employed and protected in strict compliance with the specifications, recommendations and instructions of the manufacturer or supplier, unless such specifications, recommendations or instructions deviate from applicable FAA advisory circulars or the Contract Documents, in which case the Contractor shall so inform the City and shall proceed as directed by the City. The Contractor shall coordinate all subcontracts to verify compatibility of goods, products, materials, equipment and systems, and the validity of all warranties and guarantees, required by the Contract Documents. ARTICLE 30 USE OF AUGUSTA,GEORGIA LANDFILL All contracts for contractors performing demolition and/or construction projects for the City or the Airport 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 Contract for Canopies Page 14 of 132 of material disposed of, the name and location of the disposal facility, date of disposal and all related fees. ARTICLE 31 WARRANTIES AND CORRECTION OF WORK 31.1 The Contractor shall guarantee all Work to have been accomplished in conformance with this 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 Airport, 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 Airport 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. 31.2 The Contractor warrants to the Airport 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 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 Airport, in its sole discretion, may exclude from the Contractor's warranty, remedies for damage or defect which the Airport 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 Airport, 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 Substantial Completion of the Project or such longer period of time as is required by the Contract. The one-year period shall be extended with respect to portions of the Work first performed after Substantial Completion for a period of one year after the actual performance of the Work. If any defect or deviation should exist, develop, be discovered or appear within such one-year period, the Contractor, at its 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. 31.3 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 32 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 Contract for Canopies Page 15 of 132 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. ARTICLE 33 JUDICIAL INTERPRETATION 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 all parties have participated in the preparation hereof and all parties have had an adequate opportunity to consult with legal counsel. ARTICLE 34 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 County fix jurisdiction and venue for any action brought with respect to this Contract in Augusta-Richmond County, Georgia. Contractor specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia or the Southern District Court of Georgia. ARTICLE 35 ENTIRE AGREEMENT This Contract constitutes the sole Contract between the Airport 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, 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 and Georgia Security and Immigration Subcontractor Affidavit. ARTICLE 36 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. ARTICLE 37 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 Attachments, 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. Contract for Canopies Page 16 of 132 ARTICLE 38 FURTHER ACTS The Airport and Contractor each agrees to perform any additional acts and 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. BALANCE OF PAGE LEFT BLANK INTENTIONALLY Contract for Canopies Page 17 of 132 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, as of the date first written above. AUGUSTA AVIATION COMMISSION 4/a/ix ,14....„. Willa Hilton, Ch- per;n ATTEST: Crystal of nson VIKING ENGINEERING& CONSTRUCTION, MANAGEMENT, LLC BY: L 7'6 Signature Name: DJ„ . 1.\•,‘.... kr tA-t ((I 1-- 1 t Title: - ),Jy-N .QJ BY: (Corporate Seal) „n���+n,,,,,,,y,� Signature(Corporate Secretary) *,.,`,,, W/zz ,, 6�•Z" +'*tnisalon' .4•0's Go S: 1 Signed, sealed and delivered =0 i4. IIOTAR, 4C1 in the presence of: o i ,,'•' • a _ r: UBL1C :C9_ Notary Public , •=, F .Nria. '4, s-i-Ja"no '1, LAD ;112.- •::,,,4/ . G This day of , 2019 AUGU ,TA, GEO: Hardie Davis, Jr. M- •r s 3111 „wk.... ...k fit ttes' .,"` -11 ,. ', °61 Lena 1 Clef . a . - 0 to 0 ,' CZ ,i i g•i 1,4:ic, \ nr . i'S t • I A 4t Contract for Canopies Page 18 of 132