Loading...
HomeMy WebLinkAboutCONTRACT ARC FOR THE AUGUSTA REGIONAL AIRPORT AND BEAMS CONTRACTING COCONTRACT AUGUSTA - RICHMOND COUNTY FOR THE AUGUSTA REGIONAL AIRPORT And BEAM'S CONTRACTING, INC. (CONTRACTOR) SOUTHEAST DEVELOPMENT AREA ACCESS PROJECT This Contract for the provision of Project (hereinafter designated as the "Contract ") made and entered into as of (DATE), by and between the City of Augusta (City) for the AUGUSTA REGIONAL AIRPORT, (hereinafter designated as "Airport") and Beam's Contracting, Inc. (CONTRACTOR) (hereinafter designated as "Contractor ") a South Carolina corporation, authorized to do business in the State of Georgia, whose principal office is located at 15030 Atomic Road, Beech Island, South Carolina, 29842. OBJECTIVES OF SERVICES WITNESSETH: WHEREAS, the City is the owner and operator of a full service commercial airport known as the Augusta Regional Airport; WHEREAS, the City solicited a bid for the development of an access area on the Southeast portion of the Augusta Regional Airport; and WHEREAS, Contractor provided a bid in compliance with City and all other applicable State SPLOST regulations. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein contained, the City and Contractor hereby agree as follows: The objective of contracting the services described in this Contract is the construction of a road to access undeveloped acreage on the southeastern portion of the Airport property, which is suitable for future expansion and industrial development. The project includes the construction of approximately one mile of two and four lane asphalt roadways; the installation of concrete curb and gutter, storm drainage culverts and structures, fire protection and sanitary sewer utility installation; the placement of embankment of a major drainage ditch southeast of the primary runway; providing roadway markings and signage; security fencing and gates; seeding and mulching; and other incidental work associated with the construction. The Airport is a full- service commercial Airport, served by Delta (ASA) Airlines, American and U.S. Airways routinely provide 100% of the commercial arrival and departure traffic. The commercial traffic is comprised of sixteen (16) daily arrivals and sixteen (16) daily departures, seven (7) days per week. The facilities are operated twenty four (24) hours /day, seven (7) days /week and three hundred sixty -five days per year. SECTION 1.0 ARTICLE I SCOPE OF WORK 1.1 The term "Work" means the construction, labor, materials, equipment, tools, machinery, testing, temporary services and utilities, supervision, administration, coordination, planning, insurance, bonds, transportation, security, and all other services and things necessary to provide the Owner with the facilities, improvements, features, and functions described in the Specifications identified in Attachment 1, and the Drawings identified in Attachment 2. The Specifications and the Plans are hereby incorporated into and made a part of this Contract. The Contractor agrees to complete the Work in a good, firm, substantial and workmanlike manner in strict conformity with this Contract. 1.2 Additionally, the following specific items shall be considered a part of the Contract Documents by reference when appropriately executed. 1.2.1 100% Labor and Materials Payment Bond. 1.2.2 100% Performance Bond. Page 2 Contract for the Southeast Development Area Access Project 1.2.3 The Certificate of Insurance (as described in Division 0 Section 00810 of the Contract Specifications). 1.2.4 The Contractor's completed Bid Form dated May 30, 2012. 1.3 The Contractor agrees to furnish all of the materials and all of the equipment and labor necessary and to perform all of the work entitled Southeast Development Area Access Project contract Specifications and Drawings dated December 2011) prepared by Campbell & Paris Engineers, 313 Wingo Way, Mt Pleasant, South Carolina, 29464, in accordance with the requirements and provisions of the Contract Documents. 1.4 Unless otherwise modified, the Contractor shall furnish all of the Work in accordance with the Contract and all incidental work necessary to complete the Project in an acceptable manner, ready for use, occupancy, or operation by the City. The Contractor shall be responsible for the entire project and every part thereof. ARTICLE II. TIME, TERM AND PAYMENT 2.1 Contract Time. The Contractor shall commence the Work under this Contract within ten (10) calendar days from the date of receiving the Notice to Proceed, as evidenced by official receipt of certified mail or acknowledgment of personal delivery, and shall fully complete the Work within one hundred sixty (160) calendar days from receiving such Notice to Proceed. The Contract Time may be extended only by Change Order approved and executed by the Aviation Commission, the City and the Contractor in accordance with the terms of this Contract. The total contract time and specifications are set forth in more detail in Division 00- Condtions of the Contract, Section 00800, Supplementary Provisions. 2.2 Contract Price. As full payment for the faithful performance of this Contract, the City shall pay the Contractor the Contract Price, which is an amount not to exceed four million thirty five thousand one hundred ninety four dollars and ninety -one cents ($4,035,194.91) unless changed by written Change Order in accordance with the terms of this Contract. Any increase of the Contract Price shall be by Change Order adopted and approved by the Aviation Commission, the City and the Contractor in accordance with the terms of this Contract. Contractor's bid form is attached hereto as Attachment A. 2.3 Subject to satisfactory completion of work performed, payments on account thereof shall be made as set forth in Division I, General Provisions, Section 01271 Measurement and Payment: 2.4 Liquidated Damages. The Contractor acknowledges that time is of the essence with respect to the Work governed by this Contract. Contractor acknowledges and recognizes that if it fails to achieve Substantial Completion of any portion of the Work within the Contract Time as may be extended in accordance with the terms of this Contract, the County will sustain substantial losses as a result of such failure. The Contractor further acknowledges that the County will suffer damages that are difficult if not impossible to accurately estimate. Contractor shall pay liquidated damages of Five Hundred dollars ($500.00) for each calendar day that Substantial Completion of the Work is delayed past the Contract Time. The Contractor agrees that the foregoing rate is a reasonable pre- estimate of the probable damages that the County will suffer if Substantial Completion is delayed, and said daily rate is intended to compensate the County for its damages and is not intended to penalize the Contractor for its delay. The County may deduct such liquidated damages from any unpaid amounts then or thereafter due the Contractor under this Contract. 2.5 Contractor and City agree to abide by all applicable provisions of Georgia state law concerning retain age, including but not limited to O.C.G.A. § 13- 10 -80. If the terms of this Contract concerning retainage conflict with state law, state law governs. 2.6 Invoices. Original invoice(s) shall be submitted as follows: Jack Mayfield Campbell & Paris 313 Wingo Way Mt. Pleasant, SC 29464 Page 3 Contract for the Southeast Development Area Access Project With a Copy to: Risa Bingham Augusta Regional Airport 1501 Aviation Way Augusta, GA 30906 Ph: (706) 798 -3236 FAX: (706) 798 -1551 ARTICLE III FEDERAL WORK AUTHORIZATION Pursuant to O.C.G.A. §13 -10 -91 and Georgia Department of Labor Rule 300- 10- 1 -.02, the City cannot enter a contract for the physical performance of services unless the Contractor and its Subcontractors register and participate in the Federal Work Authorization Program to verify specific information on all new employees. 3.1 Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13 -10 -91 and Georgia Department of Labor Rule 300- 10- 1 -.02. 3.2 Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13 -10 -91 and Georgia Department of Labor Rule 300- 10- 1 -.02. The signed affidavit is attached to this Contract as Attachment B. 3.3 Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this Contract, Contractor will secure from each Subcontractor an affidavit that indicates the employee- number category applicable to that Subcontractor and certifies the Subcontractor's current and continuing compliance with O.C.G.A. §13 -10 -91 and Georgia Department of Labor Rule 300- 10- 1 -.02. Any signed Subcontractor affidavit(s) obtained in connection with this Contract and shall be attached hereto as Attachment C. ARTICLE IV CORPORATE AUTHORITY Contractor agrees to execute the Certificate of Corporate Authority attached hereto as Attachment D. The officials of the Contractor executing this Contract are duly and properly in office and are fully authorized and empowered to execute the same for and on behalf of the Contractor. Contractor has all requisite power and authority to enter into and perform its obligations under this Contract. The execution and delivery by the Contractor of this Contract and the compliance by the Contractor with all of the provisions of this Contract (i) is within the purposes, powers, and authority of the Contractor; (ii) has been done in full compliance with applicable law and has been approved by the governing body of the Contractor and is legal and will not conflict with or constitute on the part of the Contractor a violation of or a breach of or a default under any indenture, mortgage, security deed, pledge, note, lease, loan, or installment sale agreement, contract, or other agreement or instrument to which the Contractor is a party or by which the Contractor is otherwise subject or bound, or any license, judgment, decree, law, statute, order, writ, injunction, demand, rule, or regulation of any court or governmental agency or body having jurisdiction over the Contractor; and (iii) has been duly authorized by all necessary action on the part of the Contractor. This Contract is the valid, legal, binding and enforceable obligation of the Contractor. ARTICLE V NON - APPROPRIATIONS Notwithstanding anything contained in this Contract, if sufficient funds have not been appropriated to support continuation of this Contract for an additional calendar year or an additional term of the Contract, this Contract shall terminate absolutely and without further obligation on the part of the City at the close of the calendar year of its execution or if the City suspends performance pending the appropriation of funds. ARTICLE VI INDEPENDENT CONTRACTOR/SUBCONTRACTOR Contractor is acting, in performance of this Contract, as an independent Contractor. Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the City's or the Airport's employees or agents and Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of compensation to Contractor's employees. The City shall not be responsible for payment of Worker's Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any Page 4 Contract for the Southeast Development Area Access Project Contractor employee, or Contractor's subcontractors or agent's employees, but such responsibility shall be solely that of Contractor. This clause of the contract does not prevent Airport from requiring Contractor to have its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this Contract satisfactorily, according to the terms set forth herein. ARTICLE VII CONTRACTOR'S PERFORMANCE 7.1 Contractor shall, at its own expense, furnish all necessary equipment, management, supervision, labor, technical support and other accessories and services for maintenance, and the performance of other services as described in these Contract Documents. Such services shall be performed in strict accordance with the General Conditions, Special Conditions, and current versions of Federal Aviation Administration (FAA) Advisory Circulars (AC) 150/5320 -12 and 150/5340 -1. 7.2 All performance shall be subject to inspection and approval by the Aviation Director or his designee as provided in said Performance Work Statement. If the Contractor's performance is, or becomes unsatisfactory, as determined by the Aviation Director, an appropriate reduction in payment due will be made from Contractor's invoice and Contractor will be directed to correct the unsatisfactory performance. The correction of unsatisfactory performance shall be at no additional cost to the City or the Airport. 7.3 NO PARTNERSHIP OR JOINT VENTURE; INDEPENDENT CONTRACTOR. Nothing contained in this Contract will be deemed to create a partnership or joint venture between City and Contractor or cause City to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to City is other than as City's Contractor. Contractor must act as an independent agent and not as the agent of City in performing this Contract, maintaining complete control over its employees and all of its lower -tier suppliers and subcontractors. Nothing contained in this Contract or any lower tier purchase order or subcontract awarded by Contractor will create any contractual relationship between any lower -tier supplier or subcontractor and City. No act or direction of the City shall be deemed to be the exercise of supervision or control of the Contractor's performance hereunder. ARTICLE VIII AUTHORIZED REPRESENTATIVES 8.1 CITY /AIRPORT'S REPRESENTATIVE AIRPORT'S REPRESENTATIVE: shall be Clarence Fennell, Aviation Division or his designee. 8.2 CONTRACTOR'S REPRESENTATIVE(S) Contractor must designate in writing a person(s) acceptable to Airport to serve as its representative ( "Contractor's Representative ") in all dealings with Airport. Contractor's Representative may be changed upon prior written notice delivered to Airport's Representative. Contractor's initial representative shall be Charles H. Rowland, III. ARTICLE XIV PATENT INDEMNITY Except as otherwise provided, the Contractor agrees to indemnify the City and its Board of Commissioners, officers, agents and employees against liability, including costs and expenses for infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of the use or disposal by or for the account of the City of supplies furnished or construction work performed hereunder. Page 5 Contract for the Southeast Development Area Access Project ARTICLE X CHANGES The City may, during the Contract period, make changes to the Scope of Work, which may result in changes to the general scope of the Contract and its provisions. Written agreements, changes, or amendments to this Contract shall not be binding upon the City unless signed by the Aviation Commission. ARTICLE XI CONTRACTOR'S OBLIGATIONS The Contractor shall, in good workmanlike manner, do and perform, all work and furnish all supplies and materials, machinery, equipment, facilities, and means, except as herein otherwise expressly specified, necessary, or proper to perform and complete all the Work required by this Contract, within the time herein specified, in accordance with the provisions of this Contract and said Specifications and in accordance with the Drawings of the Work covered by this Contract and any and all supplemental drawings of the Work covered by this Contract. Contractor shall furnish, erect, maintain, and remove such construction, plants, and such temporary works as may be required. Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plants, appliances, and methods, and for any damage that may result from their failure or their improper construction, maintenance, or operation. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements and limitations of the Contract and Specifications, local ordinances, and state and federal laws; and shall do, carry on, and complete the entire Work. ARTICLE XII TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT To the extent that it does not alter the scope of this Contract, the City may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by Contractor under this Contract. ARTICLE XIII COMMERCIAL ACTIVITIES Neither Contractor nor its employees may establish any commercial activity or issue concessions or permits of any kind to third parties for establishing activities at the Airport. ARTICLE XIV CONTINGENT FEES Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, City may terminate the Contract and, at its discretion, may deduct from the Contract Sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. ARTICLE XV RIGHTS AND REMEDIES The rights and remedies of City provided in this paragraph are not exclusive and are in addition to any other rights and remedies provided by law or under this Contract. ARTICLE XVI REPRESENTATIONS AND WARRANTIES 16 Contractor's Representations and Warranties Regarding Capacity to Contract and Perform Work/Services. In order to induce the City to enter into this Contract, Contractor hereby represents and warrants to the City as of the date above written that: 16.1. Contractor is duly organized and validly existing in good standing under the laws of the state of South Carolina in which it is organized, is qualified to do business in all jurisdictions in which it is operating, and has the power and authority to execute and deliver and to perform its obligations under this Contract and the documents to which it is signatory; and Page 6 Contract for the Southeast Development Area Access Project 16.2 The execution, delivery and performance by Contractor and its undersigned representative(s) of this Contract and other documents to which Contractor is a signatory do not require the approval or consent of any other person, entity or government agency and do not result in any breach of any agreement to which Contractor is a party or by which it is bound; and 16.3 The execution, delivery and performance by Contractor of this Contract and other documents to which it is a signatory have been duly authorized by all necessary action, and constitute legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms, 16.4 No action, suit or proceeding to which Contractor is a party is pending or threatened that may restrain or question this Contract, or any other document to which it is a signatory, or the enjoyment of rights or benefits contemplated herein; and 16.5 Contractor has not been debarred by any city, state or federal agency. ARTICLE XVII ASSIGNMENT 17. Without the prior written consent of City, Contractor may not assign, transfer or convey any of its interests under this Contract, nor delegate any of its obligations or duties under this Contract except as provided herein. 17.1 Consent of City Required. Any assignment of this Contract or rights under this Contract, in whole or part, without the prior written consent of City will be void, except that, upon ten (10) calendar days prior written notice to City, Contractor may assign monies due or to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of City and to any deductions provided for in this Contract. 17.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor of its responsibilities under this Contract. 17.3 Parties Bound. This Contract will be binding upon and inure to the benefit of City and Contractor and their respective successors and assigns. ARTICLE XVIII NOTICES 18. Delivery. All notices given by either party to the other under this Contract must be in writing and may be delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand - delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled "Addresses ". 18.1 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand - delivery will be deemed to be received upon acceptance by the respective party or its agent. 18.2 Change of Address or Facsimile Number. Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 18.3 Addresses. To CITY: For all notices to City the address will be: Executive Director Augusta Regional Airport 1501 Aviation Way Augusta, Georgia 30906 Page 7 Contract for the Southeast Development Area Access Project With a copy to: Augusta General Counsel Augusta Richmond City Department of Law 501 Greene St. Augusta, Georgia 30901 To CONTRACTOR: For all notices to CONTRACTOR the address will be: Beam's Contracting, Inc. 15030 Atomic Road Beech Island, SC 29842 (803) 827 -0136 (telephone) (803) 827 -1868 (fax) browland@beamscontracting.net ARTICLE XIV WAIVER The failure of City to seek redress for any violation of or to insist upon the strict performance of, any term of this Contract will not prevent a subsequent violation of this Contract from being actionable by City. The provision in this Contract of any particular remedy will not preclude City from any other remedy. ARTICLE XX COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS 20. Contractor covenants and agrees that it, its agents and employees will comply with all Georgia, City, state, and federal laws, rules, regulations, Airport Rules and Regulations and City ordinances applicable to the work to be performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and policies of Airport during the term of this Contract, including any renewal periods. In the event that any governmental authority imposes new or materially increased taxes upon the Contractor's operations, the parties agree to negotiate changes in billing reflecting such increased tax costs. All references to Federal codes, provisions, regulations, and rules are incorporated by reference as if fully set forth herein. ARTICLE XXI CIVIL RIGHTS ACT OF 1964, TITLE VI — CONTRACTOR'S CONTRACTUAL REQUIREMENTS. During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor ") agrees as follows: 21.1 COMPLIANCE WITH REGULATIONS. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT ") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 21.2 NONDISCRIMINATION. The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall 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. 21.3 SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including Page 8 Contract for the Southeast Development Area Access Project procurements of materials or leases of 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, or national origin. 21.4 SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Airport shall impose such contract sanctions as it or the FAA 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 the Contract, in whole or in part. 21.17 CLEAN AIR AND WATER POLLUTION CONTROL: (49 CFR Part 18.36(i) (12)) Contractors and subcontractors agree: (a) That any facility to be used in the performance of the contract or subcontract or to benefit from the contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities; (b) To comply with all the requirements of Section 114 of the Clean Air Act, as amended, 42 U.S.C. 1857 et seq. and Section 308 of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and all other regulations and guidelines issued thereunder; (c ) That, as a condition for the award of this contract, the Contractor or subcontractor will notify the awarding official of the receipt of any communication from the EPA indicating that a facility to be used for the performance of or benefit from the contract is under consideration to be listed on the EPA List of Violating Facilities; (d) To include or cause to be included in any construction contract or subcontract which exceeds $ 100,000 the aforementioned criteria and requirements. ARTICLE XXII RIGHT TO INSPECT PREMISES. The City may, at reasonable times, inspect the part of the plant, place of business, or work site of Contractor or any of its subcontractor or subunit thereof which is pertinent to the performance of any Contract awarded or to be awarded. ARTICLE XXIII ROYALTIES AND PATENTS The Contractor shall hold and save the City and its elected officials, officers, agents, servants, and employees, harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article, or appliance manufactured or used in the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the Contract. ARTICLE XXIV PROHIBITED INTERESTS No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection, construction, or material supply contract, or any subcontract in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the Project, shall become directly or indirectly interested personally in this Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or any other contract pertaining to the Project. Page 9 Contract for the Southeast Development Area Access Project ARTICLE XXV INSURANCE During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to the City and the Aviation Commission, the types of insurance as set forth in the Augusta- Richmond County Code, and Georgia law as the same may be amended from time to time, and as described herein. All insurance shall be issued by insurance companies eligible to do business in the State of Georgia and with an Insurer rated "A" or better by AM Best. All policies shall include hold harmless provisions. In the event of a conflict between the provisions of the Augusta- Richmond County Code and this Contract, the more stringent requirement shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the Augusta- Richmond County Code, as amended. 25.1 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or has the same substantive effect as the following: 25.2 The Contractor shall procure and maintain continuously in effect throughout the term of its activities upon the Airport at Contractor's sole expense, insurance of the types and in at least such minimum amounts as set forth in this Section. 25.3 The Contractor's insurance policies as required by this Contract shall apply separately to the City as if separate policies had been issued to Contractor and City. The Contractor's Comprehensive General Liability policy shall protect the City, its officers, elected officials, employees, agents and the Aviation Commission and its employees against any and all liability created by reason of Contractor's conduct. 25.4 The Contractor's insurance shall not be subject to cancellation or material alteration until at least thirty (30) days written notice has been provided to the City's Risk Manager. (a) Contractor shall furnish to the Risk Manager Certificates of Insurance evidencing that all of the herein stated requirements have been met. The amount or amounts of all required policies shall not be deemed a limitation of the Contractor's Contract to indemnify and hold harmless the City, its officers, elected officials, employees, agents and the Aviation Commission and its employees; and in the event Contractor or the City shall become liable in an amount in excess of the amount or amounts of such policies, then the Contractor shall save the City, its officers, elected officials, employees, agents and the Aviation Commission and its employees harmless from the whole thereof, except in the event of the sole gross negligence of the City. 25.5 The Contractor is required to maintain minimum insurance to protect the Contractor and Augusta, GA from the normal insurable liabilities that may be incurred by Contractor. In the event such insurance as required shall lapse, the City and the Aviation Commission reserve the right to obtain such insurance at the Contractor's sole expense. 25.6 The insurance policies for coverage listed in this Section shall contain a provision that written notice of cancellation or any material change in policy by the insurer shall be delivered to the City no less than thirty (30) days prior to cancellation or change. 25.7 Contractor shall carry the following types and minimum amounts of insurance coverage at the Airport: (a) Worker's Compensation Insurance - With employer's liability coverage of at least $1,000,000 each accident, $1,000,000 each employee and a $1,000,000 disease policy limit. The foregoing insurance shall be endorsed to state that that the workers' compensation carrier waives its right of subrogation against the Augusta Richmond County Board of Commissioners, their officers, agents, elected and appointed officials, representatives, volunteers, and employees and the Aviation Commission. Page 10 Contract for the Southeast Development Area Access Project (b) Comprehensive General Liability Insurance — In the amount of Five Million ($5,000,000) against claims for bodily injury, death or property damage occurring on, in about the Contractor's premises and the Airport, in an amount recommended by the Risk Manager and acceptable to the City. Said coverage shall include products and completed operations. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta- Richmond County, the Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta - Richmond County Commission, the Aviation Commission, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies, including products and completed operations. Said policy shall contain Severability of Interest Clause and shall include Contractual Liability coverage at least as broad as that given in the most current CG 00 01 ISO form. (c) Automobile Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (ADA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Contractor's Comprehensive General Liability coverage includes vehicular operations on the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta- Richmond County, the Aviation Commission, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta - Richmond County Commission, the Aviation Commission, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 01 ISO form. (d) All such evidence of insurance shall be in the form of certificates of insurance satisfactory to the City and its Risk Manager, accompanied by a certified true copy of an endorsement to each policy containing the above language. The insurance coverage and limits required shall be evidenced by properly executed certificates of insurance. These certificates shall be signed by the authorized representative of the insurance company shown on the certificate. The required policies of insurance shall be in compliance with the laws of the State of Georgia. 25.8 If at any time the Aviation Director requests a written statement from the insurance company as to any impairments to the aggregate limit, Contractor shall promptly authorize and have delivered such statement to the Aviation Commission. Contractor authorizes the Aviation Commission and /or the City's Risk Manager to confirm with Contractor's insurance agents, brokers, and insurance companies all information furnished. 25.9 The acceptance of delivery to the City and the Aviation Commission of any certificate of insurance evidencing the insurance coverage and limits required under this Contract does not constitute approval or acceptance by the City or the Aviation Commission that the insurance requirements in this Contract have been met. No operations shall commence at the Airport unless and until the required certificates of insurance are in effect and approved by the City. 25.10 The Contractor and the City understand and agree that the minimum limits of the insurance herein required may, from time to time, become inadequate, and Contractor agrees that it will increase such minimum limits upon receipt of written notice defining the basis of the increase. The Contractor shall furnish the City, within sixty (60) days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. 25.11 If at any time the Airport Director requests a written statement from the insurance companies as to any impairments to the Aggregate Limit, prompt authorization and delivery of all requested Page 11 Contract for the Southeast Development Area Access Project information will be given to the Aviation Commission. Renewal Certificates of Insurance must be provided to the City and Aviation Commission as soon as practical but in every instance prior to expiration of current coverage. 25.12 The amounts and types of insurance shall conform to the following minimum requirements with the use of Insurance Service Office policies, forms, and endorsements or broader, where applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements must be reasonably acceptable to the City and Aviation Commission. 25.13 An insurance binder letter or a Certificate of Insurance must be sent to: City of Augusta Risk Manager 530 Greene Street Room 217 Augusta, Ga. 30901 (706) 821 -2502 (Fax) ARTICLE XXVI INDEMNIFICATION AND HOLD HARMLESS Contractor agrees to indemnify and hold harmless the Augusta Aviation Commission, Augusta- Richmond County Board of Commissioners and their members, officers, elected officials, agents, servants, employees and successors in office, as set forth in the Augusta- Richmond County Code, and particularly Article 1, Chapter 3, Division 1, Section 1- 3 -8.5, Indemnity and Insurance, as the same may be amended from time to time, and described herein, from any and all claims including reasonable attorney's fees and expenses of litigation incurred by the Augusta - Richmond County Board of Commissioners and the Augusta Aviation Commission, in connection therewith related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about Airport property which are in any way related to or arising out of any failure of Contractor to perform its obligations hereunder. Contractor further agrees that the foregoing contract to indemnify and hold harmless applies to any claims for damage or injury to any individuals employed or retained by Contractor in connection with any changes, additions, alterations, modifications and /or improvements made to the premises, and hereby releases the Augusta - Richmond County Board of Commissioners and the Augusta Aviation Commission, from liability in connection with any such claims. In the event of a conflict between the provisions of the Augusta- Richmond County Code and this Contract, the broader requirement shall govern. ARTICLE XXVII BONDS 27.1 The Contractor shall provide payment and performance bonds. The amount of the premiums for such bonds shall be included in the Price. The bonds shall each be in an amount not less than 100% of the preconstruction cost at the time of the execution of this Contract. Each bond shall: (a) Be in a form approved by the City; (b) Incorporate by reference the terms of this Contract for Southeast Development Area Access Project; (c) Be executed by a company certified by the Secretary of the United States Department of Treasury pursuant to the Act of July 30, 1947 (61 Stat. 646, as amended; 6 U.S.C. 6 -13) and listed in the most current U.S. Treasury Circular 570 document "Surety Companies Acceptable on Federal Bonds," as published in the Federal Register, and having a current A.M. Best rating of "A" (Superior) with a Financial Size Category of XII or better. (d) Be executed by a company licensed and authorized to do business in the state of Georgia; (e) Be accompanied by a power of attorney certifying that the persons executing the bond have the authority to do so. 27.2 The Contractor shall deliver any required bonds and powers of attorney to the City prior to commencement of the Work. 27.3 The bonding company that issues the bonds must be registered with The Surety Association of America (SAA). Page 12 Contract for the Southeast Development Area Access Project 27.4 The bonds shall remain in effect for a period of not less than two (2) years following the date of delivery or the time required to resolve any items of incomplete work and payment of any disputed amounts whichever time period is longer, or any statutory period applicable to City. 27.5 No surety will be accepted who is now in default or delinquent on any bonds or who is interested in any litigation against City. 27.6 Each surety shall designate an agent resident in the State of Georgia to whom any requisite notices may be delivered and on whom services of process may be had in matters arising out of such surety provider. ARTICLE XXVIII FORCE MAJEURE 28.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation, except the payment of money, is prevented or delayed by any cause, existing or future, which is beyond the reasonable control of the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be within the sole discretion of the party involved. 28.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In the event either party is prevented or delayed in the performance of this obligation by reason of such Force Majeure, there shall be an equitable adjustment of the schedule. 28.3 Contractor will not be liable for failure to perform or for delay in performance as a result of Force Majeure, including the following: (a) Any cause beyond its reasonable control; (b) Any act of God; (c) Inclement weather; (d) Earthquake; (e) Fire; (f) Explosion; (g) Flood; (h) Strike or other labor dispute; 28.4 Any shortage or disruption of or inability to obtain labor, material, manufacturing facilities, power, fuel or transportation from unusual sources, or any other transportation facility; 28.5 Delay or failure to act of any governmental or military authority; 28.6 Any war, hostility or invasion; 28.7 Any embargo, sabotage, civil disturbance, riot or insurrection; 28.8 Any legal proceedings; or 28.9 Failure to act by Contractor's suppliers due to any cause which Contractor is not responsible, in whole or in part. ARTICLE XXIX PERMITS 29.1 Contractor shall obtain and maintain at all times all necessary licenses, permits and certifications to perform the work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the Airport. 29.2 WORK PERMITS REQUIRED Contractor agrees and acknowledges that its employees and agent's employees, as well as any subcontractors or subcontractors' personnel, working on the Contract must be United States citizens, or must be lawfully admitted for residence and be permitted to work in the United States under the Immigration and Naturalization Act, 8 U.S.C. 1101, et seq. Page 13 Contract for the Southeast Development Area Access Project ARTICLE XXX AIRPORT SECURITY REQUIREMENTS/ SPECIAL IDENTIFICATION DISPLAY AREA (SIDA) BADGES 30. Contractor's employees may be required to operate in Airport secure areas. Contractor shall be required to obtain the Airport's Special Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor shall comply, at its own expense, with the Transportation Security Authority (TSA) and the Airport's security requirements for the Airport including, but not limited to employee training and badging. Contractor shall cooperate with the TSA and the Airport on all security matters and shall promptly comply with any project security arrangements established by the Airport. Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security for the above -noted items, nor shall it be construed as limiting in any manner Contractor's obligation with respect to all applicable federal, state and local laws and regulations and its duty to undertake reasonable action to establish and maintain secure conditions at and around the Premises and throughout the Airport. All employees shall be properly badged and comply with all Airport safety and security rules. 30.1 To qualify for the badge, individual must be fingerprinted and have a background investigation completed. In addition, the Airport will conduct a background inquiry and require finger printing of all individuals who will be working on the secured side of the Airport screening point. This may also include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Contractor, as well as, its employees. 30.2 Contractor consents to such an inquiry and agrees to make available to the Airport such books and records the Airport deems necessary to conduct the review. 30.3 Contractor shall pay all costs associated with providing SIDA badges. ARTICLE XXXI HAZARDOUS MATERIALS Contractor shall not cause or permit any Hazardous Material to be brought, kept or used in or about the Airport by Contractor, its agents, employees, subcontractors, or invitees. Without limiting the foregoing, if the presence of any Hazardous Material in the Airport caused or permitted by Contractor results in any contamination of the Airport, Contractor shall promptly take all actions at its sole expense as are necessary to return the Airport to the conditions existing prior to the introduction of such Hazardous Material to the Airport; provided that Airport's approval of such actions, and the corrective actions to be used by Contractor in connection therewith, shall first be obtained. The term "Hazardous Material" means any hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority or the United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is (i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" or similar term under any laws now or hereafter enacted by the United States or the State of Georgia or any political subdivision thereof, or (ii) designated a "hazardous substance" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317, or (iii) defined as a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C.§ 6901 et seq., or (iv) defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq. ARTICLE XXXII GOODS, PRODUCTS AND MATERIALS 32.1 The Contractor shall furnish goods, products, materials, equipment and systems which: 32.2 Comply with this Contract for construction of the Southeast Development Area Access project and all applicable SPLOST regulations; 32.3 Conform to applicable regulations, specifications, descriptions, instructions, data and samples; 32.4 Are new and without damage; 32.5 Are of quality, strength, durability, capacity or appearance equal to or higher than that required by the Contract Documents; Page 14 Contract for the Southeast Development Area Access Project 32.6 Are free from defects; and 32.7 Are beyond and in addition to those required by manufacturers' or suppliers' specifications where such additional items are required by the Contract Documents. 32.8 All goods, products, materials, equipment and systems named or described in the Contract Documents, and all others furnished as equal thereto shall, unless specifically stated otherwise, be furnished, used, installed, employed and protected in strict compliance with the specifications, recommendations and instructions of the manufacturer or supplier, unless such specifications, recommendations or instructions deviate from applicable FAA advisory circulars or the Contract Documents, in which case the Contractor shall so inform the City and shall proceed as directed by the City. The Contractor shall coordinate all subcontracts to verify compatibility of goods, products, materials, equipment and systems, and the validity of all warranties and guarantees, required by the Contract Documents. ARTICLE XXXIII PROHIBITION AGAINST CONTINGENT FEES The Contractor by execution of this Contract warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fees, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. ARTICLE XXXIV USE OF AUGUSTA, GEORGIA LANDFILL All contracts for contractors performing demolition and/or construction projects for Augusta, Georgia shall contain a provision requiring that 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. The contractor 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. ARTICLE XXXV WARRANTIES AND CORRECTION OF WORK 35.1 The Contractor shall guarantee all Work to have been accomplished in conformance with the Contract. Neither the final certificate of payment nor any provision of the Contract, nor partial or entire occupancy or use of the Work by the City, shall constitute an acceptance of any part of the Work not done in accordance with the Contract, or relieve the Contractor of liability for incomplete or faulty materials or workmanship. The Contractor shall promptly remedy any omission or defect in the Work and pay for any damage to other improvements or facilities resulting from such omission or defect which shall appear within a period of one year from the date of final acceptance, unless a longer period is elsewhere specified. In the event that the Contractor should fail to make repairs, adjustments, or other remedy that may be made necessary by such defects, the City may do so and charge the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the guarantee period. 35.2 The Contractor warrants to the City that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract. Work not conforming to these requirements, including substitutions not properly approved and authorized, is considered defective. The City, in its sole discretion, may exclude from the Contractor's warranty, remedies for damage or defect, which the City determines, were caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All warranties and guaranties shall extend for the greatest of one year commencing on the dates of Substantial Completion of the Project or such longer period of time as is required by the Contract. The one -year period shall be extended with respect to portions of the Work first performed after Substantial Completion for a period of one year Page 15 Contract for the Southeast Development Area Access Project after the actual performance of the Work. If any defect or deviation should exist, develop, be discovered or appear within such one year period, the Contractor, at it sole cost and expense and immediately upon demand, shall fully and completely repair, correct, and eliminate such defect. The foregoing warranties and guarantees are cumulative of and in addition to, and not restrictive of or in lieu of, any and all other warranties and guarantees provided for or required by law. No one or more of the warranties contained herein shall be deemed to alter or limit any other. 35.3 The obligation of this Section shall survive acceptance of the Work and termination of the Contract. All manufacturer warranties and guarantees shall be delivered to the City prior to Substantial Completion and such delivery shall be a condition precedent to the issuance of the Certificate of Substantial Completion. Before Final Payment, the Contractor shall assign and transfer to the City all guarantees warranties and agreements from all contractors, Subcontractors, vendors, Suppliers, or manufacturers regarding their performance quality of workmanship or quality of materials supplied in connection with the Work. The Contractor represents and warrants that all such guarantees, warranties and agreements will be freely assignable to the City, and that upon Final Completion of the Work, all such guarantees, warranties and agreements shall be in place and enforceable by the City in accordance with their terms. Page 16 Contract for the Southeast Development Area Access Project SECTION 2.0 GENERAL PROVISIONS, TECHNICAL SPECIFICATIONS AND APPENDICES PLEASE SEE ATTACHMENT E Page 17 Contract for the Southeast Development Area Access Project SECTION 3.0 ADDITIONAL TERMS AND CONDITIONS ARTICLE XXXVI PERMITS, LICENSES AND CERTIFICATIONS Contractor shall provide a copy of all relevant licenses and certifications. ARTICLE XXXVII ARTICLE CONFLICT IN DOCUMENTS AND PRESENT DOCUMENTS The Contractor shall in no case claim a waiver of any specification requirements on the basis of previous approval of material or workmanship on other jobs of like nature or on the basis of what might be considered "standard" for material or workmanship in any particular location. The Contract for this Project shall govern the Work. If any portion of the Contract shall be in conflict with any other portion, the various documents comprising the Contract shall govern in the following order of precedence: Contract, Change Orders or modifications issued after execution of the Contract; the General Requirements of the Contract; the Specifications; the Drawings; as between schedules and information given on the drawings, the schedules shall govern; as between figures given on Drawings and the scaled measurements, the figures shall govern; as between large -scale Drawings and small -scale Drawings, the larger scale shall govern; and detailed drawings shall govern over general drawings; the Bid Document Package. ARTICLE XXXVIII JUDICIAL INTERPRETATION Should any provision of this Contract require judicial interpretation, it is agreed that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared same, it being agreed that the agents of all parties have participated in the preparation hereof and all parties have had an adequate opportunity to consult with legal counsel. ARTICLE XXXIV GOVERNING LAW This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies available under that code are applicable to this Contract. Contractor and Augusta- Richmond City fix jurisdiction and venue for any action brought with respect to this Contract in Augusta- Richmond City, Georgia. Contractor specifically consents to venue in Richmond City and waives any right to contest the venue in the Superior Court of Richmond City, Georgia or the Southern District Court of Georgia. ARTICLE XL ENTIRE AGREEMENT This Contract constitutes the sole Contract between the City and the Contractor. No representations oral or written not incorporated herein shall be binding on the parties. No Change Order, Field Order, amendment or modification of this Contract shall be enforceable unless approved by official action as provided in this Contract. Attached hereto and incorporated herein as part of this Contract are Addendums, Insurance, Statement of Non - Discrimination, Non - Collusion Affidavit of Prime Bidder Non - Collusion Affidavit of Sub - Contractor(s), Conflict of Interest and Contractor Affidavit and Agreement, Bidder's Form/Acknowledgement of Addenda, Georgia Security and Immigration Contractor Affidavit, Georgia Security and Immigration Subcontractor Affidavit, Buy America Certification , and Certification Of Non - segregated Facilities. ARTICLE XLI COUNTERPARTS This Contract may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts together shall constitute one and the same Contract. Page 18 Contract for the Southeast Development Area Access Project The section captions contained in this Contract are for convenience only and do not in any way limit or amplify any term or provision hereof. The use of the terms "hereof," "hereunder" and "herein" shall refer to this Contract as a whole, inclusive of the Attachments, except when noted otherwise. The use of the masculine or neuter genders herein shall include the masculine, feminine and neuter genders and the singular form shall include the plural when the context so requires. City and Contractor each agrees to perform any additional acts, execute, and deliver any additional documents as may reasonably be necessary in order to carry out the provisions and effectuate the intent of this Contract. IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate officials, s of the date first tten above. BY: \, ATTEST: Jay Forrester, Chairman Augusta Regional Airport Aviation Commission CONTRACTOR BEAM'S CONTRACTING r�BY: —' Ue 1 '— 1/24/0 TITLE: I � 4 `� City of Augusta General Cou Reviewed as to form Page 19 Glenda S Bandy NOTARY PUBLIC State of South Carolina My Commission Expires August 21, 2019 ARTICLE XLII CAPTIONS ARTICLE XLIII FURTHER ACTS AUGUSTA - RICHMOND CITY COMMISSION Contract for the Southeast Development Area Access Project ybn58 e nbrs,10 DI idliq vgAT0101 brititm io 9%9 29itqx yM etas AUGUSTA Southeast Bid Tab SCHEDULE ITEM REGIONAL Development from May 30, OF UNIT PRICES SPEC. SECTION AIRPORT Area Access Project 2012 Bid Opening ITEM DESCRIPTION UNIT QUANTITY BEAM'S CONTRACTING UNIT PRICE TOTAL COST 1 MD -3.1 Mobilization /Demobilization LS 1 $108,271.00 $108,271.00 2 MD -3.2 Performace Bonds and Labor & Materials Payment Bonds LS 1 $43,067.00 $43,067.00 3 MD -3.3 Project Insurance LS 1 $7,465.00 $7,465.00 4 MD -3.4 Engineer and Contractor Offices and Staging Area LS 1 $65,909.00 $65,909.00 5 MD -3.5 Maintenance of Traffic LS 1 $100,041.00 $100,041.00 6 MD -3.6 Construction and Maintenance of Haul Routes LS 1 $7,500.00 $7,500.00 7 02221.4.2.1 Miscelaneous Demolition/Removal LS 1 $5,063.00 $5,063.00 8 02221.4.2.2 Full Depth Pavement Demolition /Removal - SY 207 $8.58 $1,776.06 9 02221.4.2.3 Variable Depth Cold Mill SY 2,102 $2.33 $4,897.66 10 02221.4.2.4 Demolish /Remove Existing AOA Fence LF 2,120 $2.81 $5,957.20 11 02221.4.2.5 Demolish /Remove Existing Guardrail LF 496 $5.32 $2,638.72 12 02221.4.2.6 Demolish /Remove Existing 24" to 36" Pipe LF 206 $3.25 $669.50 13 02221.4.2.7 Demolish /Remove Existing 60" CMP Pipe LF 145 $3.56 $516.20 14 02230 -4.2.1 Clear /Grubb AC 30 $3,628.00 $108,840.00 15 02230 -4.2.2 Clear Existing Drainage Ditch AC 1 $3,628.00 $3,628.00 16 02230.3.21.A Unclassified Excavation CY 94,250 $3.97 $374,172.50 17 02230.3.21.0 Subgrade Preparation SY 29,661 $1.00 $29,661.00 18 02304 -9.1 Cement Treated Base - 8" depth SY 18,491 $12.34 $228,178.94 19 02304 -9.2 Cement Treated Base - 6" depth SY 4,978 $13.85 $68,945.30 20 02304 -9.3 Portland Cement for Cement Treated Base TON 884 $126.00 $111,384.00 21 02400.1 Asph Conc 12.5mm SuperPave, GP 2 Only, Incl. Polymer- Modified Bitum Material & H Lime TON 6,504 $87.69 $570,335.76 22 02400.2 Asph Conc 19mm SuperPave, GP 2 Only, Incl. Bitum Material & H Lime TON 6,941 $80.18 $556,529.38 23 02413 -1 Bituminous Tack Coat GAL 4,438 $3.75 $16,642.50 24 02310.5.A.1 6" Depth Graded Aggregate - incl material SY 1,802 $6.13 $11,046.26 25 02630.4.2.A.1 18" Reinforced Concrete Pipe, Class III LF 1,051 $33.25 $34,945.75 26 02630.4.2.A.2 30" Reinforced Concrete Pipe, Class III LF 50 $54.98 $2,749.00 27 02630.4.2.A.3 36" Reinforced Concrete Pipe, Class III LF 2,710 $62.49 $169,347.90 28 02630.4.2.A.4 42" Reinforced Concrete Pipe, Class III LF 108 $82.97 $8,960.76 29 02630.4.2.A.5 60" Reinforced Concrete Pipe, Class III LF 103 $132.54 $13,651.62 30 02630.4.2.A.6 84" Reinfoced Concrete Pipe, Class IV LF 1,300 $260.24 $338,312.00 31 02630.4.2.A.7 Type I Trapezoidal Concrete Paved Ditch LF 1,581 $95.53 $151,032.93 32 02630.4.2.A.8 Concrete Paved Low -flow Channel LF 260 $29.92 $7,779.20 32A 02630.4.2.A.9 24" Reinforced Concrete Pipe, Class III LF 29 $37.56 $1,089.24 33 02630.4.2.B.1 Precast Storm Sewer Manhole Structure - STD 1011A VF 18 $337.06 $6,067.08 34 02630.4.2.B.2 Ditch Drop Inlet Structure VF 105 $345.09 $36,234.45 35 02630.4.2.B.3 Curb Inlet VF 10 $484.69 $4,846.90 36 02630.4.2.B.4 Special Design Drainage Structure EA 3 $12,255.00 $36,765.00 37 02630.4.2.C.1 Tapered Headwall - 18" dia. EA 2 $832.75 $1,665.50 38 02630.4.2.C.2 Tapered Headwall - 18" dia. - Modified with Trash Rack EA 1 $2,098.00 $2,098.00 39 02630.4.2.C.3 Tapered Headwall - 36" dia. EA 5 $2,113.00 $10,565.00 40 02630.4.2.C.4 Tapered Outlet Headwall - 42" dia. EA 1 $2,447.00 $2,447.00 41 02630.4.2.C.5 Tapered Outlet Headwall - 60" dia. EA 1 $6,121.00 $6,121.00 42 02630.4.2.C.6 Tapered Headwall - 84" dia. EA 1 $12,063.00 $12,063.00 43 02630.4.2.C.7 Pond Outlet Control Structure EA 1 $5,275.00 $5,275.00 44 02630.4.2.C.8 Standard Frame and Cover EA 2 $281.44 $562.88 45 02630.4.2.C.9 Fabricated Safety Grate for Ditch Drop Inlets EA 18 $2,463.43 $44,341.74 45A 02630.4.2.C.10 Safety End Section - Concrete - 24" Dia. EA 2 $924.00 $1,848.00 46 02162 -5.1 7' High Security Fence w/ Barbed Wire and Mow Guard LF 1,605 $45.81 $73,525.05 47 02162 -5.2 12' Manual Swing Gate EA 1 $1,153.10 $1,153.10 48 02162 -5.3 24' Manual Swing Gate EA 1 $2,194.00 $2,194.00 49 02635.5.1 Permanent Timber Barricade LF 87 $35.00 $3,045.00 30" Type 7 Curb and Gutter LF 2,530 $17.02 $43,060.60 Type 7 Integral Reinforced Concrete Median Islands SY 49 $64.27 $3,149.23 4" Concrete Pavement, incl. base SY 130 $50.76 $6,598.80 5" Reinforced Concrete Apron for Headwalls, incl. base SY 31 $59.25 $1,836.75 Reinforced Concrete Pipe Collar EA 2 $2,444.00 $4,888.00 4W -6" Concrete Encased Conduit LF 470 $20.25 $9,517.50 1W-4" Concrete Encased Conduit LF 1,105 $15.25 $16,851.25 Encasement Pipe - 12" LF 225 $109.83 $24,711.75 Connection to 16" Existing Waterline - Tapping Sleeve and Valve EA 2 $13,293.00 $26,586.00 8" Water Line - DIP LF 3,978 $25.62 $101,916.36 Fire Hydrant Assembly EA 5 $3,503.05 $17,515.25 8" Gate Valve EA 7 $988.67 $6,920.69 16" Water Line - DIP LF 860 $58.95 $50,697.00 16" Gate Valve EA 1 $5,305.00 $5,305.00 Connection to Existing Sanitary Sewer MH EA 1 $1,199.70 $1,199.70 8" PVC Sanitary Sewer Pipe LF 800 $28.88 $23,104.00 Sanitary Sewer Manholes EA 3 $1,800.00 $5,400.00 Monument Sign M.1, complete and in -place LS 1 $42,000.00 $42,000.00 Highway signs, type 1 material, reflective sheeting type III SF 55 $20.25 $1,113.75 Highway signs, type 1 material, reflective sheeting type IV SF 162 $24.75 $4,009.50 Galvanized steel posts, type 7 LF 235 $10.15 $2,385.25 Galvanized steel posts, type 8 LF 205 $12.40 $2,542.00 Thermoplastic Traffic Stripe SY 1,370 $30.37 $41,606.90 Thermoplastic Pavement Marking, Words, and Symbols - Type I EA 4 $112.50 $450.00 Thermoplastic Pavement Marking, Words, and Symbols - Type II EA 14 $73.15 $1,024.10 Raised Reflective Markers EA 200 $4.50 $900.00 Indentation Rumble Strips - ground in place (skip) GLM 1.25 $1,688.00 $2,110.00 Stormwater Pollution Prevention Plan LS 1 $10,000.00 $10,000.00 Silt Fence LF 12,400 $2.76 $34,224.00 Construction Entrance EA 1 $1,415.00 $1,415.00 Check Dam EA 5 $377.45 $1,887.25 Outlet Protection SY 547 $35.28 $19,298.16 Permanent Seeding and Mulching AC 30 $1,856.00 $55,680.00 Temporary Seeding and Mulching AC 30 $1,688.00 $50,640.00 Sodding SY 509 $5.56 $2,830.04 I3tAm' CONTRACTING $4,035,194.91 TATAI 51 52 53 54 55 56 57 58 59 60 61 61A 61B 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 50 03300.4.2.A.1 03300.4.2.B.1 03300.4.2.B.2 03300.4.2.B.3 03300.4.2.C.1 16123.4.2.A.1 16123.4.2.A.2 02510 -5.2.1 02510 -5.2.2 02510 -5.2.3 02510 -5.2.4 02510 -5.2.5 02510 -5.2.6 02510 -5.2.7 02530- 4.2.A.1 02530- 4.2.B.1 02530- 4.2.A.2 10425.4.2.A.1 02701.4.2.A.1 02701.4.2.A.2 02701.4.2.B.1 02701.4.2.B.2 02580- 3.3.A.1 02580 -3.3. B.1 02580-3.3.B.2 02580-3.3.B.3 02456.5.1 02935.3.3 02161 -5.1 02161 -5.2 02161 -5.3 02161 -5.4 02920.4.2.1.A.1 02920.4.2.1.A.2 02920.4.2.1.B.1 It should be noted the total amount for Beam's Contracting was in error. The actual amount is $300.30 less than the amount shown in the bid tab. The amount shown on this page has been corrected. By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of (name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13- 10 -91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13- 10- 91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number I 1 �t Date of Authorization Name of Pr +ject Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Contractor Affidavit under O.C.G.A. § 13- 10- 91(b)(1) 1p13 ) Signature of Authorized Officer or Agent . • 1 Printed Name and Tit e of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME O i T TIE «19 c DAY OF (LL G - 201/. NOTARY PUBLIC , 201_ in (city), (state). My Commission Expires: Glenda S Bandy NOTARY PUBLIC State of South Carolina My Commission Expires August 21, 2019 Ono, s bbns1D �I, auq Y5ATON orrilc't6 tfJtipi' 'C �S ¢91:+ x3 oote:eH % i el OS ,tS By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with (name of contractor) on behalf of (name of public employer) has registered with, is authorized to use and uses the federal work authorization program commonly known as E- Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13- 10 -91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub - subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13- 10- 91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub - subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub - subcontractor has received an affidavit from any other contracted sub - subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: Federal Work Authorization User Identification Number Date of Authorization Name of Subcontractor Name of Project Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on Signature of Authorized Officer or Agent Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE DAY OF NOTARY PUBLIC My Commission Expires: Subcontractor Affidavit under O.C.G.A. § 13- 10- 91(b)(3) , , 201 in (city), (state). ,201