HomeMy WebLinkAboutCONTRACT FOR RFP 11-153 DATA CENTER ENVIRONMENT & OPERATIONSCONTRACT FOR RFP 11 -153 ASSESSMENT
OF DATA CENTER ENVIRONMENT &
OPERATIONS
This agreement is entered in to this day of J ;t , 2012 by
and between Augusta Georgia, a political subdivision of the State of
Georgia and PTS Data Center Solutions, Inc. (PTS).
ALL NOTICES TO AUGUSTA, GEORGIA REGARDING THIS CONTRACT SHOULD
BE SENT TO:
TAMEKA ALLEN,
DIRECTOR OF INFORMATION TECHNOLOGY
530 GREENE STREET
AUGUSTA, GEORGIA 30901
ALL NOTICES TO PTS REGARDING THIS CONTRACT SHOULD BE SENT TO:
OPTS
DATA CENTER SOLUTIONS
RFP
PTS Project Number: PTS- 0911 - 002676
PTS Proposal Number: PTSP -C -11- 008832 -02 REVO2
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COSTS OF SERVICES TO BE PROVIDED BY PTS DATA CENTER
SOLUTIONS. INC.
Site Survey Service (Data Center Facility & Support Infrastructure) for (2) data center facilities
Payment Terms
MICHAEL PETRINO
VICE PRESIDENT
PTS Data Center Solutions, Inc.
568 COMMERCE STREET
FRANKLIN LAKES, NJ 07417
Site Assessment Service - Standard (Data Center Facility & Support Infrastructure) for (2)
data center facilities
Conceptual Design Service (Data Center) for (2) data center facilities
Project Cost Estimating Service (Data Center) for (2) data center facilities
TOTAL: $19,950.00 (Includes all Expenses except separately authorized
reimbursable expenses).
All invoices are due within thirty days after receipt by Augusta, Georgia.
Reimbursable Expenses
In addition to the professional fees described above, PTS will invoice for
reimbursable expenses (i.e., travel, printing, plotting services, overnight mail,
messenger service, etc.)
Reimbursable expenses will be incurred only when, and to the extent that, they have
been authorized by Augusta Georgia.
The following items are reimbursable expenses:
• Travel related expenses (i.e., air, hotel, rental car, meals) will be billed to Augusta
Georgia with zero (0 %) percent added for profit and zero (0 %) percent added for
overhead.
• Printing reproduction of drawings or other documents
RFP 11 -153
PTS Project Number: PTS- 0911 - 002676
PTS Proposal Number: PTSP -C -11- 008832 -02 REVO2
Page 2 of 6
• 24" x 36" Sheet
. 30" x 42" Sheet
• 36" x 48" Sheet
$ 8.00
$ 9.00
$ 10.00
• U.S. Mail, messenger, and overnight delivery services will be billed with zero (0 %)
percent added for profit and ten (10 %) percent added for overhead.
• Cost associated with hiring sub - consultants including, but not limited to, architectural
artist for renderings, civil engineers, surveyors, soils engineers, traffic consultants,
environmental consultants and contractors. If these sub - consultants are required, PTS
will retain them on behalf of the client and charge their fee, plus a 8% coordination fee.
Prevailing Hourly Rates
Additional services, if required and approved by Augusta Georgia, will be billed
utilizing the following prevailing hourly rates:
• Principal $ 275.00
• Business Consultant $ 225.00
• Professional Engineer $ 175.00
• Architect $ 175.00
• Project / Constructi $ 140.00
• Project / Staff Engineer $ 140.00
• Facility Service Technician $ 125.00
• IT Service Technician $ 125.00
• Project Coordinator $ 125.00
• CAD / Drafting $ 95.00
• Project Administration $ 80.00
These rates will remain fixed through December 31, 2012.
Work performed, at the project site or in PTS's office, at times other than normal
business hours* (also referred to as overtime or OT) shall be computed at one and
one half (1 -1/2) times the normal rate. Work performed on a Sunday or Holiday will be
computed at two (2) times the normal rate.
All OT, Sunday and Holiday work will be approved by Augusta Georgia in advance.
*Normal business hours are Monday thru Friday, 9:OOam to 5:OOpm
RFP 11 -153
PTS Project Number: PTS- 0911 - 002676
PTS Proposal Number: PTSP -C -11- 008832 -02 REVO2
Page 3 of 6
TERMS & CONDITIONS
Augusta Georgia Responsibilities
In order to meet the obligations of this project, Augusta Georgia must provide the
following:
• Augusta Georgia will grant PTS complete access to all areas of the building to complete
this project in a timely fashion
• Augusta Georgia will provide PTS with any and all plans available for the building
• Augusta Georgia will provide a representative who will interface with PTS on all project
issues
• Augusta Georgia agrees to allow PTS to photograph the project for our portfolio
• Augusta Georgia will allow use of their name as a reference on our web page, in
promotional brochures, and in press releases
PTS Responsibilities
PTS must maintain professional liability /errors and omissions insurance. The policy
must carry a two million dollar value but may have a $5,000.00 deductible. PTS is
responsible for rectifying any errors clearly made by PTS. If an omission has been
made that the client would have had to pay for anyway, PTS will not participate in the
cost for adding this item, unless the omission has caused a delay in the schedule or
affects elements of construction already built.
Change Order Procedure
If work is required or requested that is outside the scope of work listed in the project
requirements above, the following change order process will be used:
• A change order is requested by either PTS or Augusta Georgia
• Augusta Georgia and PTS will discuss the nature of the requested work
• If it is agreed that the work should be completed, PTS will provide material and labor
costs to complete the work
• The completed PTS change order form is presented to an authorized representative of
Augusta, Georgia for approval and signature
• Upon approval, the work will be scheduled and completed
• NOTE: If work must be completed immediately, written approval from Augusta, Georgia
can be given to complete the work on a Time and Materials basis at the rates described
in the Cost Details section of this document.
• NOTE: Any change order that would cause the total contract price to exceed $25,000,
must be approved by the Augusta, Georgia Commission.
RFP 11 -153
PTS Project Number: PTS- 0911 - 002676
PTS Proposal Number: PTSP -C -11- 008832 -02 REVO2
Page 4 of 6
Consulting Services Assumptions and Exclusions
Only those services, specifically described above, are included within the scope of
this proposal. Service which may be required as the project develops will be billed
separately. Examples of services not included as part of this proposal are as follows:
• Work will be done during normal business hours (9:00 a.m. to 5:00 p.m.), Monday
through Friday, excluding holidays
• Revisions to project deliverable documents, including all reports, drawings, and project
budgets, beyond the scope set for in the scope of work section
Additional services will not be provided without the prior authorization of Augusta,
Georgia.
ADDITIONAL CONTRACT PROVISIONS
The services outlined and explained within this contract represent the full extent of these
services. Verbal or implied extensions of these services are valid only if approved, in
writing, by an officer of PTS. The validity of this agreement, its' interpretation, and
performance of its terms, shall be governed by the laws of the State of Georgia.
By signing and approving this Agreement, Augusta Georgia makes representation that they
are either the owner of the real property, for which design services are being provided, or
have the permission of the owner or legal right to do so.
Defective pricing.
To the extent that the pricing provided by PTS is erroneous and defective, the parties
may, by agreement, correct pricing errors to reflect the intent of the parties.
Specified excuses for delay or non - performance.
PTS is not responsible for delay in performance caused by hurricanes, tornadoes,
floods, and other severe and unexpected acts of nature. In any such event, the contract
price and schedule shall be equitably adjusted.
Prohibition against contingent fees
PTS warrants that no person or selling agency has been employed or retained to solicit
or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by PTS for the purpose of
securing business and that PTS has not received any non - Augusta fee related to this
Agreement without the prior written consent of Augusta, Georgia. For breach or violation
of this warranty, Augusta, Georgia shall have the right to annul this Agreement without
liability or at its discretion to deduct from the Agreement Price of consideration the full
amount of such commission, percentage, brokerage or contingent fee.
RFP 11 -153
PTS Project Number: PTS- 0911 - 002676
PTS Proposal Number: PTSP -C -11- 008832 -02 REVO2
Page5of6
Assessment of Data Center Environment & Operations for IT Department
Use of Augusta, Georgia Landfill.
To the extent there is any debris, trash or ruble from PTS' work on this project, 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.
PTS shall provide evidence of proper disposal through manifests, which shall include
the types of material disposed of, the name and location of the disposal facility, date of
disposal and all related fees
Right to inspect premises.
Augusta, Georgia may, at reasonable times, inspect the part of the place of business, or
work site of PTS or any subcontractor of PTS or subunit thereof which is pertinent to the
performance of any contract awarded or to be awarded by Augusta, Georgia.
E- Verify
All contractors and subcontractors entering into contracts with Augusta, Georgia for the
physical performance of services shall be required to execute an Affidavit verifying its
compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm, or
corporation which is contracting with Augusta, Georgia has registered with and is
participating in a federal work authorization program. All contractors and subcontractors
must provide their E- Verify number and must be in compliance with the electronic
verification of work authorized programs operated by the United States Department of
Homeland Security or any equivalent federal work authorization program operated by
the United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L.
99 -603, in accordance with the applicability provisions and deadlines established in
O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program
throughout the contract term. All contractors shall further agree that, should it
employ or contract with any subcontractor(s) in connection with the physical
performance of services pursuant to its contract with Augusta, Georgia PTS will secure
from such subcontractor(s) each subcontractor's E- Verify number as evidence of
verification of compliance with O.C.G.A. § 13 -10 -91 on the subcontractor affidavit
provided in Rule 300- 10- 01 -.08 or a substantially similar form. PTS further agrees to
maintain records of such compliance and provide a copy of each such verification to
Augusta, Georgia at the time the subcontractor(s) is retained to perform such physical
services.
PTS Project Number: PTS- 0911 - 002676
PTS Proposal Number: PTSP -C -11- 008832 -02 REVO2
Page 6 of 8
Assessment of Data Center Environment & Operations for IT Department
Local Small Business Language:
In accordance with Chapter 10B of the AUGUSTA, GA. CODE, PTS expressly agrees
to collect and maintain all records necessary to for Augusta, Georgia to evaluate the
effectiveness of its Local Small Business Opportunity Program and to make such
records available to Augusta, Georgia. The requirements of the Local Small Business
Opportunity Program can be found at www.augustaga.gov. In accordance with
AUGUSTA, GA. CODE § 1- 10- 129(d)(7), for all contracts where a local small business
goal has been established, PTS is required to provide local small business utilization
reports. PTS shall report to Augusta, Georgia the total dollars paid to each local small
business on each contract, and shall provide such payment affidavits, regarding
payment to subcontractors as may be requested by Augusta, Georgia. Such documents
shall be in the format specified by the Director of minority and small business
opportunities, and shall be submitted at such times as required by Augusta, Georgia.
Failure to provide such reports within the time period specified by Augusta, Georgia
shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not
limited to, withholding payment from PTS.
Acknowledgement
PTS acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia
law, PTS is deemed to possess knowledge concerning Augusta, Georgia's ability to
assume contractual obligations and the consequences of PTS' provision of goods or
services to Augusta, Georgia under an unauthorized contract, amendment, modification,
change order or other similar document, including the possibility that PTS may be
precluded from recovering payment for such unauthorized goods or services. Accordingly,
PTS agrees that if it provides goods or services to Augusta, Georgia under a contract that
has not received proper legislative authorization or if PTS provides goods or services to
Augusta, Georgia in excess of the any contractually authorized goods or services, as
required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold
payment for any unauthorized goods or services provided by PTS. PTS assumes all risk of
non - payment for the provision of any unauthorized goods or services to Augusta, Georgia,
and it waives all claims to payment or to other remedies for the provision of any
unauthorized goods or services to Augusta, Georgia, however characterized, including,
without limitation, all remedies at law or equity.
PTS Project Number: PTS- 0911 - 002676
PTS Proposal Number: PTSP -C -11- 008832 -02 REVO2
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Assessment of Data Center Environment & Operations for IT Department
For: PTS Data Center Solutions, Inc.
MICHAEL PETRINO
VICE PRESIDENT
PTS DATA CENTER SOLUTIONS, INC.
568 COMMERCE STREET
Franklin Lakes, NJ 07417
For: AUGUSTA GEORGIA
EDERICK L. RUSSELL
DMINISTRATOR
530 GREENE STREET
AUGUSTA, GEORGIA 30901
Date:
DATE: 6/ /'/2-
PTS Project Number: PTS- 0911 - 002676
PTS Proposal Number: PTSP -C -11- 008832 -02 REVO2
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