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HomeMy WebLinkAboutCONTRACT FOR RFP 11-153 DATA CENTER ENVIRONMENT & OPERATIONS (2)OPTS DATA CENTER SOLUTIONS CONTRACT FOR RFP 11 -153 ASSESSMENT OF DATA CENTER ENVIRONMENT & OPERATIONS This agreement is entered in to this day of , 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: RFP 11 -153 PTS Project Number: PTS- 0911 - 002676 PTS Proposal Number: PTSP -C -11- 008832 -02 REV02 Page 1 of 6 Payment Terms MICHAEL PETRINO VICE PRESIDENT PTS Data Center Solutions, Inc. 568 COMMERCE STREET FRANKLIN LAKES, NJ 07417 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 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 Page 5 of 6 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 Page 7 of 8 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: 4// /1 1t1 PTS Project Number: PTS- 0911 - 002676 PTS Proposal Number: PTSP -C -11- 008832 -02 REVO2 Page 8 of 8