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HomeMy WebLinkAboutDepartment of Transportation (2) Augusta Richmond GA DOCUMENTNAME .DepoV~nr Of--'-;:'Vij//(,PX+cfro'V1 DOCUMENT TYPE: [on1T uc-f- YEAR: ) 0q& BOX NUMBER: ) FILE NUMBER: I d- S" II NUMBER OF PAGES: /~ \ \ f 801 ~"urt~ ~tmtJ1l.<>>. ~"X 8 ~tltp~"m 912/552-7311 ;!El~purlm~ttt of cmruttsporbdiott ~tate of ~eorgin OOffire of ~i9trirl ~ngineer menniUe, ~eorgin 31089-0008 July 26, 1996 Augusta-Richmond County Commission Larry Sconyers, Chairperson-Mayor City County Municipal Building Augusta, Georgia 30911 Dear Chairperson-Mayor Sconyers: Re: Capital Contract 1996 - 50104-0001-96-009 Attached is the fully executed original of the above referenced contract for the City of Augusta. Please review and then file for ready accessibility and audit purposes. Should you have questions or need additional information, please call me in Tennille at (912) 552-4634. Yours very truly, DEPARTMENT OF TRANSPORTATION ~~ BY: Sandra Mason District Intermodal Transportation Representative FOR: Charles W. Norris, Jr. District Engineer CWN:SM:tdh Attachment f " AGREEMENT - ~, FOR CAPITAL IMPROVEMENT ASSISTANCE BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA AND CITY OF AUGUSTA This Agreement, made and entered into this ;(?~day of f~ , 197~, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT" and CITY OF AUGUSTA, hereinafter called the "SPONSOR". WHEREAS, the SPONSOR is desirous of acquiring capital improvements to be used in modernizing and improving mass transportation services to the public in the Augusta service area; and WHEREAS, the improvement of this mass transportation system will have a profound impact upon the development of the total organized transportation services in the State of Georgia; and WHEREAS, the DEPARTMENT desires to promote such development through its participation in such acquisition; and WHEREAS, the DEPARTMENT has State funds available for such Projects; and WHEREAS, under Section 32-9-1 of the Official Code of Georgia, Annotated, the DEPARTMENT is authorized to participate ~ in such an undertaking. NOW THEREFORE, for and in consideration of the mutual promises and covenants made, it is agreed by and between the DEPARTMENT and the SPONSOR: ARTICLE I SCOPE AND PROCEDURES The SCOPE AND PROCEDURE for this PROJECT shall be the purchasing and installation of equipment and materials as specified in EXHIBIT A, BUDGET ESTIMATE. It is understood and agreed that the DEPARTMENT is agreeing to participate only in the specified equipment and materials stated in this Article and further described in EXHIBIT A, BUDGET ESTIMATE. ARTICLE II COVENANT AGAINST CONTINGENT FEES The SPONSOR shall comply with all relevant federal, state, and local laws. The SPONSOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the SPONSOR to solicit or secure this Contract, and that it has not paid or agreed to pay any person other than a bona fide employee working solely for the SPONSOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul this Contract without liability or its discretion to deduct from the Contract price or consideration, or otherwise recover, the full 2 amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE III EMPLOYMENT OF DEPARTMENT'S PERSONNEL The SPONSOR shall not employ any person or persons in the employ of the DEPARTMENT for any work required by the terms of this Contract, without the written permission of the DEPARTMENT except as may otherwise be provided for herein. ARTICLE IV REVIEW OF WORK AND APPROVAL The DEPARTMENT at its option, shall review specifications, bidding documents and bidding procedures used in the procurement of all PROJECT equipment and facilities prior to the release of invitations for bids. The SPONSOR agrees to purchase the PROJECT equipment and materials in accordance with the procedures set forth in the Official Code of Georgia Annotated, Section 50-5-67. Authorized representatives of the DEPARTMENT may at all reasonable times review the data collected, and inspect the PROJECT equipment and facilities pursuant to this Agreement. Further, the SPONSOR agrees that the PROJECT equipment and materials, as described in EXHIBIT A, BUDGET ESTIMATE shall be used for the provisions of mass transportation service to the public within the Augusta service area for the duration of the equipment and materials' useful life as determined by the SPONSOR and approved by the DEPARTMENT. If, during the operation of this 3 ". PROJECT any equipment and materials that are not used for or are withdrawn from mass transportation service, the SPONSOR shall immediately notify the DEPARTMENT and shall remit to the DEPARTMENT ten percent (10%) of the fair market value, if any of such property. For the purpose of this Article, the fair market value shall be deemed to be the value of the property as determined by competent appraisal conducted one month after such withdrawal or misuse occurs or the actual proceeds from the public sale of such property, whichever is approved by the DEPARTMENT. The SPONSOR shall keep accurate records in a manner approved by the DEPARTMENT with regard to the use of the property and . submit to the DEPARTMENT upon request, such information as is required in order to assure compliance with this ARTICLE. The SPONSOR shall maintain in amount and form, satisfactory to the DEPARTMENT, public liability and workman's compensation insurance for the duration of the PROJECT equipment and materials' useful life. The cost of insurance will not be, in any way, charged to the DEPARTMENT. ARTICLE V AUTHORIZATION AND APPROVAL TIME IS OF THE ESSENCE OF THIS CONTRACT. The purchase, installation and construction of the terms described in ARTICLE I, SCOPE AND PROCEDURE, shall be completed no later than December 31, 1998. The work shall be carried on expeditiously, with recognition 4 that unforeseen events make necessary some minor variations in that schedule. ARTICLE VI RESPONSIBILITY FOR CLAIMS AND LIABILITY The SPONSOR shall be responsible for any and all damages to property or persons and shall save harmless the DEPARTMENT, its officers, agents and employees, from all suits, claims, actions, or damages of any nature whatsoever resulting from the negligence of the SPONSOR in the performance of work under this Agreement, and further, the SPONSOR agrees to hold harmless the DEPARTMENT from suits, claims, actions, or damages of any nature whatsoever by any person, firm, corporation, or governmental body resulting from any defective equipment or material purchased by the SPONSOR under this Agreement or from the installation and purchase thereof. ARTICLE VII COMPENSATION It is understood and agreed that the total estimated cost of the PROJECT as outlined in ARTICLE I and as shown in EXHIBIT "A", BUDGET ESTIMATE and as if fully set out herein, is $164,850.00. The SPONSOR'S total share in the PROJECT hereinafter stated is $148,365.00 or ninety percent (90%) of the total estimated cost of the PROJECT. The DEPARTMENT'S participation in the said PROJECT shall be $16,485.00, which is ten percent (10%) of the total estimated cost of the PROJECT. It is further agreed that the DEPARTMENT'S obligation shall 5 ~ not exceed $16,485.00. However, if the sum total of the actual costs shall be less than $164,850.00, the DEPARTMENT shall be obligated to pay only ten percent (10%) of the actual PROJECT costs. ARTICLE VIII SUBSTANTIAL CHANGES No material changes in the scope, character, complexity, or duration of the PROJECT from those required under this Agreement shall be allowed without the execution of a Supplemental Agreement between the DEPARTMENT and the SPONSOR. Minor changes in the proposal which do not involve extension of time, or changes in the scope and objectives of the PROJECT may be made by written notification of such change by either party with written approval by the other party. ARTICLE IX PARTIAL PAYMENT The SPONSOR shall submit to the DEPARTMENT itemized vouchers stating, in reasonable detail, the actual expenses incurred by the SPONSOR on the PROJECT for the voucher period as well as a specific designation and certification of receipt of the item or items as listed in EXHIBIT A, BUDGET ESTIMATE. Upon the basis of its review and approval of such vouchers, the DEPARTMENT will, at the request of the SPONSOR, make payment to the SPONSOR pursuant to this ARTICLE as the PROJECT progresses but not more than once a month. Payment will be made by the DEPARTMENT 'for expenses incurred by the SPONSOR, less any previous partial payment, for 6 . any item and for each item specified in the voucher and which is specifically set forth in ARTICLE I. It is agreed that under no circumstances will the DEPARTMENT be responsible or obligated to pay to the SPONSOR more than ten percent (10%) of the SPONSOR'S total actual cost for each item as specified in EXHIBIT A attached to this Agreement. ARTICLE X FINAL PAYMENT IT IS FURTHER AGREED that upon receipt and installation and construction of the capital improvements purchased in accordance with this Agreement, the SPONSOR shall submit to the DEPARTMENT a final statement of total PROJECT costs. Upon approval of the final invoice by the DEPARTMENT, the DEPARTMENT will pay to the SPONSOR a sum equal to one hundred percent (100%) of the compensation it owes the SPONSOR less the total of all previous partial payments paid or in the process of payment. The SPONSOR agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the DEPARTMENT for work done, materials furnished, cost incurred, or otherwise arising out of this Agreement, and shall release the DEPARTMENT from any and all claims of whatever nature, whether known or unknown, for and on account of said Agreement, and for any and all work done, and labor and materials furnished in connection with same. 7 ~ ARTICLE XI MAINTENANCE OF CONTRACT COST RECORDS The SPONSOR shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred on the PROJECT and shall make such material available at all reasonable times during the period of the Agreement, and for three (3) years from the date of final payment under this Agreement, for inspection by the DEPARTMENT and any reviewing agencies, and copies thereof shall be furnished if requested. The SPONSOR agrees that the provisions of this Article shall be included in any Contract it may make with any subcontractor, assignee, or transferee. ARTICLE XII CONTRACT DISPUTES AND TERMINATION This Agreement shall be deemed to have been executed in Fulton County, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. The DEPARTMENT reserves the right to terminate the Contract at any time for just cause upon thirty (30) days written notice to the SPONSOR notwithstanding any just claims by the SPONSOR for payment of services rendered prior to the date of termination. 8 ARTICLE XIII SUBLETTING, ASSIGNMENT OR TRANSFER It is understood by the parties to this Agreement that the work of the SPONSOR is considered personal by the DEPARTMENT. The SPONSOR agrees not to assign, sublet, or transfer any or all of its interest.in this Agreement without prior written approval by the DEPARTMENT. The DEPARTMENT reserves the right to review all subcontracts prepared in connection with the Agreement and the SPONSOR agrees that it will submit to the DEPARTMENT proposed subcontract documents together with subcontractor cost estimates for the DEPARTMENT'S review and concurrence in advance of their execution. ARTICLE XIV COMPLIANCE WITH APPLICABLE LAWS A. The undersigned certify that the provisions of Code Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated, relating to Conflict of Interest, have been complied with in full. B. IT IS FURTHER agreed that the SPONSOR shall comply and shall require its Consultants to comply with the requirements in EXHIBIT B, COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964, as amended, and 23 CFR 710.405(b), attached hereto and made a part of this Agreement as if fully set out herein. C. IT IS FURTHER CERTIFIED that the provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, 9 ". relating to the "Drug-Free Workplace Act" have been complied with in full, as stated in Exhibit C of this Agreement. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 10 .JLlf'j C::,( ":Jb ll.j: l.j,(Rr'l GDUT If'lllk:I'lUlJHL t-'k:U(';:;k:Hf'b /-'.~/'e:: \ IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. RECOMMENDED: ( RECOMMENDED: c;:Ung~l;?~~ 1~ f"' ,19 No Pre-Award Examination ~.quir.d~~ 11 ~ . l CITY OF AUGUSTA -,~ ~ ) IN THE PRESENCE '0:8:" ~a-. W~O~ Witness j~ . 71~ U<yy/&/(~ NotarY~bl~C ~ NotarY Public, Columbia C6unty.~~o.rgla, My COmmission expIres June 21. 1998 . FEDERAL EMPLOYER IDENTIFICATION NUMBER: 58-2204274 \ " " EXHIBIT A BUDGET ESTIMATE CITY OF AUGUSTA 1. Purchase Replacement Parts Revenue Vehicles 2. Tire Leasing 3. Purchase Software Route/Schedule 4. Purchase Misc. Support Equipment Shop 5. Purchase Misc. ADA Support Equipment 6. Administrative/Maintenance Facility Rehab./Renovation 7. Contingency/Program Reserve State (10%): SPONSOR: Federal (80%)/Local (10%): Project Number: 50104-0001-96-009 12 $ 25,000.00 30,000.00 7,000.00 25,000.00 5,000.00 65,000.00 7.850.00 TOTAL: $164,850.00 $ 16,485.00 $ 148,365.00 t, UHIBIT C CBRTIFICATIOH OF COHSULTAN'l' DllOQ-rRJm WOlUtPLAca I hereby certify representative of SJD G-reel\e,. .s r(>~ am a ,principal and duly authorized iC. ""~I\d. CO()r'\'t ' whose address is , and i is also certified that: (1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the -Drug-Free Workplace Act - have been complied with in full; and (2) A drug-free workplace will be provided for the consul tant' s employees during the performance of the contract: and (3) Each subcontractor hired by the Consultant shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The Consultant shall secure from that subcontractor the following written certification: -As part of the subcontracting agreement with the Consultant, certifies to the Consultant that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50-24-3-; and (4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. Date 1: EXHIBIT B NOTICB '1'0 CONTRACTORS COMPL~CB WITH TITLB VI OP THB CIVIL RIGHTS ACT OP 1964 During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the -Contractor-), agrees as follows: (1) COmDliance with Reaulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations [also 49 CFR Part 27]), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, national origin, or sex in the selection and retention of subcontractors including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program, set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in the discrimination prohibited by 23 CFR 710.405(b). (3) Solicitations for Subcontracts, Includina Procurement of Materials and Eauipment: In all solicitations, either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin or sex. (4) Information and Reports: The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State Department of Transportation, or the Federal 1''- \ of ~ . Highway Administration a appropriate, and shall set forth what efforts it has made to obtain this information. (5) Sanctions for Noncomoliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a) withholding of payments to the Contractor under the contract until the Contractor complies, and/or, (b) cancellation, termination or suspension of this contract, in whole or in part. (6) XncorDoration of Provisions: The Contractor will include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.