HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GA AND VIKING ENGINERING & CONSTRUCTION MANAGEMENT, LLC FOR AIRPORT PARKING CANOPIES .4te,
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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
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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
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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.
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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
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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,
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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
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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
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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
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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.
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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;
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(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;
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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.
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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
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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
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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
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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
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Willa Hilton, Ch- per;n
ATTEST:
Crystal of nson
VIKING ENGINEERING& CONSTRUCTION, MANAGEMENT, LLC
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Contract for Canopies Page 18 of 132