HomeMy WebLinkAboutGeorgia Power Company (2)
Augusta Richmond GA
DOCUMENT NAME: ,~e.D,(~\(}.. rG.Det C.o01~
DOCUMENT TYPE: ()~\~~
YEAR: ~~
BOX NUMBER: au
FILE NUMBER: .\~"0~q
NUMBER OF PAGES: , ,
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AGREEMENT FOR THE PERFORMANCE OF WORK
ON ROAQW A Y LIGHTING SYSTEMS
THIS AGREEMENT, made and entered into this 70 day of .January
.19---2B., by and between AUGUSTA / RICHMOND COUNTY COMMISSION (hereinafter
referred to as the "Undersigned") and GEORGIA POWER COMPANY, a Georgia corporation
(hereinafter referred to as "Company").
WITNESSETH:
WHEREAS, Undersi n d desires to install, re-establish, or maintain roadway lighting
systems on certain ". state highways which are within Undersigned's
jurisdictional limits and Un ersigned's streets and roadways; and
WHEREAS, Undersigned has entered into a certain Agreement with the Georgia
Department of Transportation ("DOT") with respect to the installation, re-establishment, or
maintenance of said roadway lighting systems; and
WHEREAS, Undersigned desires that Company provide and administer the engineering,
installation, maintenance or other applicable and appropriate work necessary for the installation,
re-establishment, or maintenance of said roadway lighting systems; and
WHEREAS, Company desires to assist Undersigned in the performance of its
aforementioned obligations concerning said roadway lighting system(s) and is willing to plovide
and administer the engineering, installation, maintenance, 'or other applicable and appropriate,;
work necessary for same,
NOW, THEREFORE, in consideration if the mutual'prornises made and of the benefits to'
flow from one to the other, the adequacy and sufficiency ofwhich are hereby acknowledged by
both Undersigned and Company, the parties hereby agree as, follows:. .
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1. For the purposes of this Agreement, the roadway lighting system(s) shall be generally
defined as the li~ facilities which provide illumination of the travel portion of those '
segments of the tat@ and limit@d access state highways within Undersigned's jurisdictional
limits and Undersigned's streets and roadways all of which are identified in Exhibit 1 which is
attached to this Agreement and is expressly incorporated into and is a part of this Agreement.
"fhis inoludes lightiRl; faeilities on mainline, inten:hanges, and ~xit and ~ntrance r:mJ.ps, but gQe~
not induct@ lighting faciliti@s within enclosed structures along the mainlifle or ramps, classifiable
ag turJ1@ls, that r~ql:lir@ contHU.lOl1S op€ration. of lighting uqthin the limitli of liaid litf'11CVlreli, nor
does it includ@ lighting facilities for the illuminatioR of signs and sign strucmr@s,
~ 2. (a) Th~ im:tallation or r~ €stablishm~mt work v'hich is the subject matter of this. .
~ gTeem~Rt includes, but is not limitgd to, thg fullo'\'ing activiti€ls: tnmching, installing condyit
and/or c:able :;rn,g juactioR boxell, cr~ating m:ow..holes, s~tting poles :lndlor tourerli, a.Rd iRlitalliRg
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~gge li8llti~g .. 'flIlro~riol.. The specific work which sholl be performed under this
Agreement is described in Exhibit 2 which is attached to this Agreement and expressly
incorporated into and is a part of this Agreement.
(b) The maintenance work which is the subject matter of this Agreement includes, but is
not limited to, the following activities, the periodic replacement of lamps (based on expected
lamp life) and replacement, as needed, of component parts such as fuses, ballasts, relays, and
starter boards that may fail from time to time. The specific maintenance work which shall be
performed under this Agreement is described in Exhibit 3 which is attached to this Agreement
and expressly incorporated into and is a part of this Agreement.
(c) This Agreement does not include the following work: i) repairs to the roadway
lighting system caused by or arising out <?fDOT construction or maintenance activities on the
roadway, or the median or shoulders of the roadway; ii) relocation of roadway lighting facilities
necessitated by DOT construction activities; iii) repairs of physical damage to the median barrier
walls resulting from vehicle crashes or from the actions of any other third party for which
Company is not responsible; iv) repairs of roadway lighting systems damage due to acts of God;
v) .repairs or replacements of roadway lighting systems damage resulting from vehicle crashes or
from the actions of any other third party for which the Company in not responsible.
3. (a) Company agrees to provide and administer the labor and materials necessary to
accomplish the engineering and all other applicable and appropriate work required to install, re-
establish, or maintain the roadway lighting system(s).
(b) Undersigned agr~es.t4at Company may use its own employees_()rmay:contract with
one or more independent contractors to accomplish the work, '-J." .'
(c) Installation or re-establishment work performed underthis Agreement sha!lbe
authorized asfollows: j} Fir,sti;!Jndersigned shall identify portiones) of its streets ~d roadways.
. and the highway system within,jts jurisdiction on which.Company is to focus its efforts, to . .
establish the roadway lightmg system(s); ii) Company shall prepare for each segment of roadw~y .
lighting system(s) plans and cost estimates (including the costs for engineering; installation and
other associated work) which Gomply with DOT requirements; iii) Company shall submit the
plans and cost estimates to the DOT for review and approval; iv) Upon DOT approval, .
Undersigned shall determine that the necessary funds have been programmed and 'are available
and, if funds are programmed and available, issue.notice(s) to proceed with the work.
4. (a) Undersigned shall pay for the engineering, installation, and other associated work
within sixty (60) days of receipt of invoice from Company.
(b) Undersigned shall pay for energy usage on a timely basis, but no later than thirty (30)
^llJ days after receipt of each month's bill which shall be furnished by Company on a timely basis.
'r Late PaJ'm@nts by UFlG@rsign@G saall aCCI1:l@ int€:r0st at th@ rat€: of on@ p@n:~mt (1 %) per menth.
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(c) Undersigned shall pay for the maintenance Company provided during the previous
month within thirty (30) days of receipt of invoice from Company, Said monthly billing shall
include labor and materials and Company's administration costs.iHehuliag ttflY iasrefl3ea
inStlfanCe costs. Late p!tYfflent3 by Uaaersigflea shall aeerue interest at the rate 0f ene pereeHt
(1 %) per ffi.6Hta.
(d) Adjustment to previously agreed-upon rates for the work to be done, which rates shall
be contained in Exhibit 3 which is attached to this Agreement and is expressly incorporated into
and is a part of this Agreement.
5. Company agrees that any contract entered into by Company with a subcontractor
pursuant to Paragraph 2 of this Agreement shall provide that Undersigned shall be named as an
additional insured on subcontractor's insurance liability policies required by such contract to
protect against claims arising out of any activity performed pursuant to this Agreement.
Company shall require any subcontractor to obtain and maintain liability insurance at levels not
less than two million dollars ($2,000,000) for bodily injury, each occurrence, and two million
dollars ($2,000,000) for property damage, each occurrence. Undersigned shall be named as a
third party beneficiary in any contract between Company and any subcontractor, and this
Agreement shall be incorporated by reference into any contract between Company and any
subcontractor. Provided, however, that nothing herein contained shall be construed as a waiver
in favor of any third party of any immunity, municipal or otherwise, or other defense of
Undersigned against any claim. As used in this Paragraph, the term "claim" includes any
liability, loss, damage, or cause of action of any kind or nature (including, without limitation,
damage to property and injury to or death of persons), whether actual or alleged, or payment of
any sum or sums of money to any person or entity whomsoever and any expenses connected
therewith (including, without limitation, litigation costs and reasonable attorney's fees).
6. Company is responsible for all equipment and operating conditions at locations where
work is being performed. Compan.y is responsible for damage to equipment and for pilferage of
materials where work is on-going. Undersigned does not assume responsibility for the work
performed at a particular location until such work has been inspected by Undersigned or its
designee and approved as complete.
7. The parties to this Agreement agree to use their best efforts to coordinate and
cooperate in the performance of the work which is the subject matter of this Agreement.
Company agrees to communicate regularly with Undersigned concerning the location(s) ofthe
work being performed.
8. Company shall obtain all permits; permissions, and licenses necessary to perform the
tasks associated with this Agreement, including the responsibility for developing, implementing,
and maintaining all work-zone traffic control plans ~hat may be required by the DOT for working
on Interstate and limited access state highways and also for Undersigned's streets and roadways,
as applicable.
9. This Agreement is considered as continuing for two (2) years from the date of
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execution and shall be renewed automatically thereafter for one (1) year terms until the
establishment of the roadway lighting system(s) is/are complete, unless notice is given by
either party sixty (60) days prior to the end of the initial two (2) year term or any
succeeding one (1) year term. The parties hereto each reserve the right to terminate this
Agreement at any time for just cause upon thirty (30) days' written notice to the other
party .
10. During the performance of this Agreement, Company agrees that:
(a) It shall not discriminate against any employee, or applicant for employment
because of race, religion, color, sex, national origin, age, handicapping condition,
or veteran status. As used herein, the words "shall not discriminate" shall mean
and include without limita~ion the following: recruited, whether by advertising or
other means; compensated, whether in the form of rates of pay, or other forms of
compensation; selected for training, including apprenticeship; promoted;
demoted; upgraded; downgraded, transferred; laid off; terminated.
(b) Company shall post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the contracting officers setting forth
the provisions of the EEO clause.
(c) Company shall, in all solicitations or advertisements for employees, placed by or
on behalf of Company, state that all qualified applicants will receive consideration
,:-: for employment without regard to race, religion, color, sex, national origin, age,
".., handicapping condition or veteran status. ..,-:.
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(d) Company shall furnish all information and reports required by Undersigned's
, ... .. Contracf Compliance Officer and shall permit,: for the purpose of investigation so
':'1~~':', as to ascertain. compliance with the program, Undersigned's Contract Compliance.
" "'~','. . Officer access'to the books, records; and accounts of Company during normal
business hours.
( e) Company shall take such action with respect to any of its subcontractors as
Undersigned may direct as a means of enforcing the provisions of-Paragraph 10
(a) through 10 (h) herein, including penalties and sanctions for noncompliance;
provided, however, that in the event Company becomes involved in or is
threatened with litigation as a result of Undersigned's direction, Undersigned shall
enter into such litigation as is necessary to protect Undersigned's interests and to
effectuate Undersigned's equal employment opportunity program; and in the case
of contracts receiving federal assistance, Company or Undersigned may request
the United States to enter into such litigation to protect the interests of the United
States,
(f) Company and its s.~.bcontractors, if any, shall file compliance reports at reasonable
times and intervals with Undersigned in the form and to the extent prescribed by
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the Contract Compliance Officer. Compliance reports filed at such times directed
shall contain information as to employment practices, policies, programs, and
statistics of its subcontractors.
(g) Company shall include the provisions of Paragraphs 10 (a) through 10 (h) of this
equal opportunity clause in every subcontract or purchase order so that such
provisions shall be binding upon each subcontractor and vendor,
(h) A finding, as hereinafter provided, that a refusal by Company or its subcontractor
to comply with any portion of this program as herein provided and described, may
subject the offending party to any or all of the following penalties.
(1) Withholding from COII?-pany in violation all future payments under the
involved contract until it is determined that Company or its subcontractor is in
compliance with provisions of the contract;
(2) Refusal of all future bids for any contract within Undersigned's jurisdictional
limits until such time as Company or its subcontractor demonstrates that there
has been established and there shall be carried out all of the provisions of the
program as required by ordinance or other law, rules or regulations;
(3) Cancellation of the public contract;
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(4) In a case in which there is substantial or material violation of the compliance
procedure herein set forth or as may be provided for by the contract,
appropriate proceedings may be brought to enforce those provisions, including
, the ,enjoining, within applicable law, of contractors, subcontract9rs" or other'
,organizations, individuals, or groups who prevent directly or indirectly
;.compliance with the policy as herein provided.
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11. It is understood and agreed that Company is a state-wide utility subject to Georgia
Public Service Commission and federal regulation, and that Company shall be deemed to be in
: compliance with the requirements of Paragraphs 11 (i)-through (viii) above so long as it remains'
,~n compliance with federal Executive Order 11246, and the requirements of the federal Office of
Contract Compliance Programs (OFCCP), and furnishes the information and reports required by
such OFCCP to the Contract Compliance Officer, upon request,
12. Any communication necessary to the performance of this Agreement shall be
directed as follows:
If to Undersigned:
Director, Public Works
1815 Marvin Griffin Road
Augusta, GA 30906
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If to Company:
Georgia Power Company
890 Ponce de Leon Place
Atlanta, Georgia 30306
Attn: Larry Hayes
Any notices provided for in this Agreement shall be directed as follows:
If to Undersigned:
Director, Public Works
1815 Marvin Griffin Road
Augusta, GA 30906
with'a copy to:
Charles~R. Oliver. Administrator
8th Floor, CitY-County Bldq. (11)
Augusta, GA 30911
If to Company:
Georgia Power Company
333 Piedmont Avenue
BIN 10200
Atlanta, Georgia 30309
Attn: Corporate Secretary
with a copy to:
.Georgia Power Company
333 Piedmont Avenue
BIN 20010
Atlanta, Georgia 30309
Attn: Don Swinford
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1" Thi A 'h '1'1 b . f~' .. . 'fi . b the Augusta-Richmond
.J. s greement s a ecome e lectlve upon Its rat! IcatlOn y Cr'l11nt-y r'nmm; ssion
and its being signed by the Mayor and upon its signature by the President of
Company. The certification of Clerk ,.provided on the signature page of this
Agreement is an essential part hereof, and this Agreement shall not become effective until so .
certified.
14. Company shall and does expressly agree to indemnify and hold harmless
Undersigned, its employees, agents, and representatives from and against all suits, actions,
judgments, costs (including reasonable attorney's fees and court costs), losses, damages or
claims arising out of or related to the negligent acts and omissions of Company, its employees,
agents, representatives, and subcontractors, including, without limitation, any injuries to or death
of persons or damage to property which are occasioned by the performance of this Agreement.
In the event any liability of Company arises by reason of the solely negligent acts or omissions of
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Undersigned, its employees, agents, or representatives, then shall Company not be liable under
the provisions of this section.
15. This Agreement constitutes the sole and entire Agreement between the parties hereto
and no modification of this Agreement shall be binding shall be binding unless attached hereto
and signed by the parties,
16. The covenants contained herein shall, except as otherwise provided, accrue to the
benefit of and be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have made and executed this Agreement the day
and year first above written.
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GEO~P~WERCOMPANY
BY: ~l~
TITLE: C?Pt=1CflT1DN 5 rY'I f\tJ A GEfL
ATTEST: ).ill!
Corporate Secretary
Signed on behalf of Undersigned
pursuant to:
Commission Meeting 1/20/98'
Title:
Department Head ~,
City Attorney / .
Administrator C oJ I~
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Approved as to form;.
Title:
Title:
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EXHIBIT 1
HIGHMAST LIGHTING
1. BOBBY JONES EXPRESSWAY AND 56 LOOP
2. DEANS BRIDGE ROAD AT GORDON HIGHWAY
3. GORDON HIGHWAY AT OLD SAVANNAH RD.
FOR
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AUGUSTA I RICHMOND COUNTY COMMISSION
701 MUNICIPAL BUILDING
AUGUSTA, GEORGIA 30911
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EXHIBIT 2
N/A
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EXHIBIT 3
MAINTENANCE
Maintenance will occur on a 6 month interval, and will include repairing any lighting
fixture that is not working and inspection of the lowering system for proper operation.
Any repairs to the lowering system, cable, conduit, or service points is not included in
routine maintenance and will be billed on our unit cost plus basis.
Any call-out or requests made at times other than the 6 month interval will be billed at
unit cost plus and a $250.00 call-out fee.
The following items are not included in this maintenance package: Damage by
lightning, wind, or other "acts of God", auto accidents, or vandalism. These items will.. '
be covered under the unit cost plus.
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Lighting Maintenance
Bobby Jones Expressway and 56 Loop,
Deans Bridge Road at Gordon Highway,
Gordon Highway at Old Savannah Rd.
Augusta I Richmond County, Georgia
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ESTIMATED COST ANALYSIS:
Maintenance
Monthly
124 @ $5.25
$651.00
X 12
$7,812,00
Annual Maintenance Cost = $7,812.00
The above analysis covers only routine maintenance. AU other charges will be billed as
described in the maintenance clause of this proposal and in Exhibit 3 of the Maintenance
Contract.
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