HomeMy WebLinkAboutDepartment of Transportation (2)
Augusta Richmond GA
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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
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BY: Sandra Mason
District Intermodal Transportation Representative
FOR: Charles W. Norris, Jr.
District Engineer
CWN:SM:tdh
Attachment
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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
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, 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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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,
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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.
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IN WITNESS WHEREOF, said parties have hereunto set their
hands and affixed their seals the day and year above first
written.
RECOMMENDED:
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RECOMMENDED:
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No Pre-Award Examination
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CITY OF AUGUSTA
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) IN THE PRESENCE '0:8:"
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Witness
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71~ U<yy/&/(~
NotarY~bl~C ~
NotarY Public, Columbia C6unty.~~o.rgla,
My COmmission expIres June 21. 1998 .
FEDERAL EMPLOYER
IDENTIFICATION NUMBER:
58-2204274
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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
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$ 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
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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
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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.