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HomeMy WebLinkAboutCONTRACT AUGUSTA GA FOR AUGUSTA REGIONAL AIRPORT AND AXTELL'S (AIRSIDE PAVEMENT CRACK REPAIR AND MARKING PROECT CONTRACT AUGUSTA, GEORGIA FOR THE AUGUSTA REGIONAL AIRPORT And AXTELL' S, INC. AIRSIDE PAVEMENT CRACK REPAIR AND MARKING PROJECT This Contract for the provision of Airside Pavement Crack Repair And Marking Project (hereinafter designated as the "Contract") made and entered into as of {DATE), by and between Augusta, Georgia (Augusta) for the AUGUSTA REGIONAL AIRPORT, (hereinafter designated as "Airport") and AXTF,LL'S, Inc. (hereinafter designated as "Contractor"). WITNESSETH: WHEREAS, Augusta, Georgia is Augusta and operator of a full service commercial airport known as the Augusta Regional Airport; WHEREAS, Augusta, Georgia solicited a bid for the provision of Airside Pavement Crack Repair And Marking; and Whereas, Contractor provided a bid in compliance with Augusta, Georgia, FAA and all other applicable federal regulations. NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein conta.ined, Augusta and Comtractor hereby agree as foilows: OBJECTIVES OF SERVICES I The objective of contracting the services described in this Contract is the provision of Airside Pavement Crack Repair and Markings accordance with Federal Aviation Administration (FAA) Advisory Circulars 15015320-12 and 150/5340-1 and the specifications set forth herein. 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 iraffic. The commercial traffic is comprised of sixteen (16) daily amvals 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. The airfield pavements are in need of a preventative maintenance program to assist in extending the pavement life. The program shall consist of cleaning, routing and filling existing pavement cracks to ensure water does not infiltrate the pavement base. In addition, the existing pavement markings are in need of re-marking to provide sufficient reflectivity. SECTiON 1.0 ARTICLE I SCOPE OF WORK 1.1 The term "Work" means the construction, labor, materials, equiprnent, 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 workrnanlike 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. 1.22 100% Performance Bond. 1.23 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 August 31, 2012. 13 The Contractor agrees to furnish all of the materials and all of the equipment and labor necessary and to perform ail ofthe work entitled Airside Pavement Grack Repair and Marking Project (contract, Specifications and Drawings dated June 2012) prepared by Campbell & Paris Engineers, 313 Wingo Way, Mt Pleasant, South Carolina, 29464, in accordance with the requirements and provisions of the Contract Documents. Contract for Airside Pavement Crack Repair 8� Marking Project Page 2 of 20 1.4 Unless otherwise modified, the Contractor shall fumish 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 Augusta. The Contractor shall be responsible for the entire project and every part thereof. ARTICLE II. TIME TERM AND PAYMENT Z.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 fifty four (54� 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, Augusta and the Contractor in accordance with the terms of this Contract. 2.2 Contract Price. As full payment for the faithful performance of this Contract, Augusta shall pay the Contractor the Contract Price, which is an amount not to exceed of Three Hundred Fifty Six Thousand Three Hundred Eighty Four pollars and Ten Cents ($356,384.10) 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, Augusta and the Contractor in accordance with the terms of this Contract. Contractor's hid 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 Section 90 Measurernent and Payment: 2.4 Contractor and Augusta agree to abide by all applicable provisions of Georgia state law conceming 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. 2.5 Invoices. Original invoice(s) must be submitted as follows: Jack Ma�eld Campbell & Paris 313 Wingo Way Mt. Pleasant, SC 29464 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 Q.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, Augusta 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 ail 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 ernployee-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 a�davit(s) obtained in connection with this Contract shall be attached hereto as Attachment C. Contract for Airside Pavement Crack Repair & Marking Project Page 3 of 20 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 of�ice 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 obligat3ons 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 goveming 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, injunetion, 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 enforceabie 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 Conuact shall ternunate absolutely and without further obligation on the part of Augusta, Georgia at the close of the calendar year of its execution or if Auguska, Georgia suspends performance pending the appropriation of funds. ARTICLE VI INDEPENDENT CONTRACTORISUBCONTRACTOR 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 Augusta's or the Airport's employees or agents and Contractor assumes full responsibility for their acts. Contractar shall be solely responsible for the payment of compensation to Contractor's employees. Augusta shall not be responsibie for payment of Worker's Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes for any 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 perforn�ance, 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 G�neral 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 reducrion 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 Airport. 7.3 NO PARTnERSHIP OR JOINT VENTURE; INUEPENDENT CONTRACTOR. Nothing contained in this Contract will be deemed to create a partnership or joint venture between City and Contractor or cause Augusta to be responsible for the debts or obligations of Contractor or any other party. Contractor must not represent to anyone that its relationship to Augusta is other than as Augusta's Contractor. Contractor must act as an independent agent and not as the agent of Augusta 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 Augusta. No act or direction of Augusta shall be deemed to be the exercise of supervision or control of the Contractor's performance hereunder. Contract for Airside Pavement Crack Repair & Marking Project Page 4 of 20 ARTICLE VIII AUTHORIZED REPRESENTATIVES 8.1 CITY/AIRPORT'S REPRESENTATIVE AIRPORT'S REPRESENTATIVE: shall be Clarence Fennell, Aviation Division or his designee. 8.2 COIYTRACTOR'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 Jeremy Cunningham. ARTICLE XIV PATENT INDEMNITY Except as otherwise provided, the Contractor agrees to indemnify Augusta 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 Augusta of supplies furnished or construction work performed hereunder. ARTICLE X CHANGES Augusta 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 Augusta unless signed by the Aviation Commission. ARTICLE XI CONTRACTOR'S OBLIGATIONS The Contractor shail, 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 cavered 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 which may result from their failure or their improper construction, maintenance, or operarion. 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 �ll TE:�iPORARY SUSPENSION OR DELAY OF PERFORI�9A?�CE OF C4'�TCiACT To the excent that it does nat alter the scope of this Contract, Augusta, Georgia 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 XVI CONTINGENT FEES Contractor wanants 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 ernployee working for Contractor, any fee, commission, percentage, gift or any other consideration contingent upon or resuiting 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 Conuact Sum, or otherwise recover the full amount of any such fee, commission, percentage, gift or consideration. Contract for Airside Pavement Crack Repair 8� Marking Project Page 5 of 20 ARTICLE XV RIGHTS AND REMEDIES The rights and remedies of Augusta 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 Augusta to enter into this Contract, Contractor hereby represents and warrants to Augusta 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 Pennsylvania in which it is organized, is qualified to do husiness 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 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 Augusta, 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 Augusta will be void, except that, upon ten (10) calendar days prior written notice to Augusta, Confiractor may assign monies due ar to become due under this Contract. Any assignment of monies will be subject to proper setoffs in favor of Augusta 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. 173 Parties Bound. This Contract will be binding upon and inure to the benefit of Augusta and Contractor and their respective successors and assigns. ARTICLE XVIII NOTICES 18. Delivery. All notices given by either pariy 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". I8.1 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. 182 Change of Address or Facsimile Number. Either party may, at any rime, change its respective address or facsimile number by sending written notice to the other party of the change. Contract for Airside Pavement Crack Repair 8� Marking Project Page 6 of 20 18.3 Addresses. To AUGUSTA: For all notices to Augusta the address will be: Executive Director Augusta Regional Airport 15fl1 Aviation Way Augusta, Georgia 30906 With a copy to: Augusta General Counsel Augusta, Georgia Department of Law 501 Greene St. Augusta, Georgia 30901 To CONTRACTOR: For all notices to CONTRACTOR the address wiil be: Axtell's, Inc. 1586 Heart Lake Road Jermyn, Pennsylvania 18433 Attn: Jeremy Cunningham 570.254.9999 office 570.254.6193 facsimile ARTICLE XIV WAIVER The failure of Augusta to seek redress for any violation of or to insist upon the strict performance of, any term af this Contract will not prevent a subsequent violation of this Contract from being actionable by Augusta. The provision in this Contract of any particular remedy will not preclude Augusta 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, county, state, and federal laws, rules, regulations, Airport Rules and Regulations and Augusta ordinances applicable to the work to be performed under this Contract, and that it shail obtain all necessary permits, pay a11 license fees and taaces tQ comply therewith. Further, Contractor agrees that it, its agents, and emp2oyees 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 ta�c costs. All references to Federal codes, provisions, regulations, and rules are incorporated by reference as if fully set forth herein. ARTICLE XXI CIVIL RIGI-ITS ACT OF 1964, TITLE Vl — CONTRACTOR'S CONTRACTUAL REOUIREMENTS. lluring the performance of this contract, the contractor, for itself, its assignees and successors in inierest {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 arnended frorn 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 regazd to the work performed by it during the contract, shali not discriminate on the grounds of race, color, or national origin in the selecrion 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 Regularions. 2l .3 SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT. In all solicitations either by competitive bidding or negotiation made by Lhe Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the Contractor's obligarions under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. Contract for Airside Pavement Crack Repair & Marking Projec3 Page 7 of 20 21.4 [NFORMATION AND ItEPORTS. The Contractor shall provide all infornaation and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the Airport or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to Augusta or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 21.5 SANCTIONS FOR NONCOMPLIANCE. In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, the Airport shall irnpose 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. 21.6 LOBBYING AND INFLUENCING FEDERAL EMPLOYEES: (49 CFR Part 20) (1) No Federal appropriated funds shall be paid, by or on behalf of the Cantractor, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant and the amendment or modification of any Federal grant. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer ox employee of Congzess, or an employee of a Member of Congress in connection with any Federal grant, the Contractor shall complete and submit Standard Form- LLL, "Disclosure of Lobby Activities," in accordance with its instructions. 21.7 TRADE RESTRICTION CLAUSE: {49 CFR Part 30) The Contractor or subcontractor, by submission of an offer andlor execution of a contract, certifies that it: (a.) is not owned or controlled by one or moxe citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative {USTR); (b.) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; (c.) has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. (d.) Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a contractor or subcontractor who is unable to certify to the above. If the Contractor lmowingly procures or subcontracts for the supply of any product or service of a foreign country on said list for use on the project, the Pederal Aviation Administrarion may dicect through the Airport cancellation of the contract at no cost to the Government. (e.) Further, the Contractor agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in each contract and in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. (f.) The Contractar shall provide immediate written notice to the Airport if the Cantractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The subcontractor agrees to provide written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. (g.) This certification is a material representation of fact upon which reliance was placed when making the award. If it is later deterrnined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may direct through Augusta cancellation of the contract or subcontract for default at no cost to the Government. Contract for Airside Pavement Crack Repair 8 Marking Project Page 8 of 20 (h.) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (i_) This certification concerns a matter within the jurisdiction of an agency of the United States of America and the rnaking of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. 21.8 BUY AMERICAN PREFERENCES: (Title 49 U.S.C. Chapter 501) The Contractor must comply with Title 49 U.S.C. Section 50101. Unless otherwise formalty approved by the Federal Aviation Administration (FAA), all acquired steel and rnanufactured products installed under the AIP assisted project must be produced in the United States. As a condition of bid responsiveness, Contractor has indicated on the Buy American certification that it intends to meet Buy American requirements buy only installing 100°/a United States made steel and manufactured products. 21.9 ACCESS TO RECORDS AND REPORTS: {49 CFR Part 18.36(i)) The Contractor shall maintain an acceptable cost accounting system. The Contractor agrees to provide Augusta, the Federal Aviation Administration and the Comptroller General of the United States or any of their duly authorized representatives' access to any books, documents, papers, and records of the Contractor which are directly pertinent to the specific contract for the purpose of making audit, examination, excerpts and transcriptions. The Contractor agrees to maintain all books, records and reports required under this contract for a period of not less than three years after final payment is made and all pending matters are closed. 21.10 BREACH OF CONTRACT TERMS: (49 CFR Part 1836) Any violation or breach of terms of this contract on the part of the Contractor or their subcontractors rnay result in the suspension or ternvnation of this Contract or such other action that may be necessary to enforce the rights of the parties of this Contract. The duties and obligations unposed by the Contract Documents and the ri.ghts and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 2i.11 TERMINATION OF CO�ITRACT: (49 CFR Part 1$.36(i) (2)) (a) Augusta may, by written notice, terminate this contract in whole or in part at any time, either for Augusta's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (unless the notice directs otherwise} and all materials as may have been accumulated in performing this contract, whether completed or in progress, delivered to Augusta. (b) If the termination is for the convenience of Augusta, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services. (c) If the temunation is due to failure to fulfill the Contractor's obligations, Augusta may take over the work and prosecute the same to completion by contract or otherwise. In such case, the Contractor shall be liable to Augusta for any additional cost occasioned to Augusta thereby. {d) If, after notice of termination for failure to fulfill contract obligations, it is determined that the Contractor had not so failed, the termination shall be deemed to have becn effected for the convenience of Augusta. In such event, adjustment in the contract price shall be nnade as provided in paragraph 2 of this clause. (e) The rights and remedies of Augusta provided in this clause aze in addition to any other rights and remedies provided by law or under this contract. 21.12 RIGHTS TO INVENTIONS: (49 CFR Part 18.36(i) ($)) All rights ta inventions and materials generated under this Contract are subject to regulations issued by the FAA and Augusta of the Federal grant under which this Contract is executed. 21.13 AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982: (Section 520 - General Civil Rights Provisions) The Contractor assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. In the case of Contractors, this provision binds the Contractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required of Title VI of the Civil Rights Act of 1964. Contract for Airside Pavement Crack Repai� 8� Marking Project Page 9 of 20 21.14 VETERAN'S PREFERENCE: (Title 49 U.S.C. 47112{c)) in the employment of labor {except in executive, administrative, and supervisory positions), preference shall be given to Veterans of the Vietnam era and disabled veterans as defined in Section 515(c)(1) and (2} of the Airport and Airway Improvement Act of 1982. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 21.15 DISADVANTAGED BUSINESS ENTERPRISES: (49 CFR Part 26) Contract Assurance (§26.13) - The Contractor andlar it subcontractor shall not discriminate on the basis of race, color, national origin, ar sex in the perforrnance of this Contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure by the Contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the recipient deems appropriate. 21.16 Prompt Payment (§26.29) - The prime Contractor agrees to pay each subcontractor under this prime contract for satisfactory performance of its contract no later than 15 days from the receipt of each payment the prime Contractor receives from Augusta. The przme Contractor agrees further to return retainage payments to each subcontractor within 15 days after the subcontractor's work is satisfaetorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of Augusta. This clause applies to both DBE and non-DBE subcontractors. 21.17 CLEAN AIR AND WATER POLLUTION CONTROL: (49 CFR Part 18.36(i) (12)) Contraetors and subcontractors agree: (a) That any facility to be used in the perfornaance of the contract or subcontract or to benefit from the contract is not listed on the Environtnental 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 30$ of the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. relating to inspection, monitoring, entxy, reports, and information, as well as all other requirements specified in Section 114 and Section 308 of the Acts, respectively, and ali 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 constructian contract or subcontract which exceeds � 100,00fl the aforementioned criteria and requirements. 21.18 ENERGY CONSERVATION REQUIREMENTS: (49 CFR Part 18.36) The Contractor agrees to comply wi#h mandatory standards and policies relating to energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Public Law 94-163) 21.19 CERTIF[CATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Contractor certifies that by submission of its bid and acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federai deparhnent or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. 21.20 EQUAL EMPLOYMENT OPPORTUNITY - 41 CFR PART 60-1.4(b) During the perfortnance of this Contract, the Contractor agrees as follows: (a) The Contractor will not discrizninate against any employee or applicant for employment hecause of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that ernployees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the foliowing: Employment, upgrading, demotion, or transfer; recruitment or recruitmenT advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and Contract for Airside Pavement Crack Repair 8 Marking Project Page 10 of 20 applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. (c ) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post capies of the notice in conspicuous places available to employees and applicants for employment. (d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as arnended, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e} The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by nxles, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 21.20.1 ln the event of the Contractor's noncompliance with the nondiscrimination clauses of this coniract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedure authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invaked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by ]aw. 21.20.2 The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1} through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provision, inciuding sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Reference Executive Order 11246 41 CFR Part 60 -1.4 AC 150/5100-15, Para. 22. a. 21.21 CERTIFICATION OF NON-SEGREGATED FACILITIES - 41 CFR PART 60-1.8 21.21.1 Notice to Prospective Federaliy Assisted Construction Contractors {a) A Certification of Non-segregated Facilities shall be submitted prior to the award of a federally- assisted construction contract exceeding S 10,000 which is not exempt from the provisions of the Equal Opportunity Clause. (b) Contractors receiving federally-assisted construction contract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of the following notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. 21.21.2 Notice to Prospective Subcontractors of Requirements for Certification of Non-Segregated Facilities (a) A Certification of Non-segregated Facilities shall be submitted prior to the award of a subcontract exceeding � 10,000, which is not exempt from the provisions of the Equal Opportunity Clause. Contract for Airside Pavement Cradc Repai� & Marking Project Page 11 of 20 21.21.3 Contractors receiving subcontract awards exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause will be required to provide for the forwarding of this notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed � 10,000 and are not exempt from the provisions of the Equal Opporhznity Clause. NOTE: The penalty for making false statements in offers is prescribed in 1 S U.S.C. 1001. ARTICLE XXII RIGHT TO INSPECT PREMISES. Augusta may, at reasonable times, inspect the part of the plant, piace 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 shaIl hold and save Augusta. and its elected officials, officers, agents, servants, and employees, harrnless 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 Augusta, Georgia, unless otherwise specifically stipulated in the Contract. ARTICLE XXIV PROHIBITED INTERESTS No official of Augusta, Georgia who is authorized in such capacity and on behalf of Augusta to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any architecturai, engineering, inspection, construction, or material supply contract, or any subcontract in connection with the construction of the Project, shall become directly or indirectiy interested personally in this Contract or in any part hereof. No officer, empioyee, architect, attomey, engineer, or inspector of or for Augusta, Georgia who is authorized in such capacity and on behalf of Augusta, Georgia 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. ARTICLE WX INSURANCE During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably satisfactory to Augusta, Georgia and the Aviation Commission, the types of insurance as set forth in the Augusta, Georgia 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. Al] policles shall include hold harmless provisions. In the event of a conflict between the provisions of the Augusta, Georgia Code and this Contract, the more stringenz requirement shall govern. In no event shail Contractar maintain any insurance less than the requirements set forth in the Augusta, Georgia Code, as arnended. 25.1 All liability policies of Contractor and its subcontractors shall pr�vide 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 Contraczor's sole expense, insurance of the types and in ai 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 Airport as if sepazate policies had been issued to Contractor and Airport. The Contractor's Comprehensive General Liahility policy shall protect the Augusta, GA, its officers, elected officials, employees, agents and the Aviation Commission and its employees against any and all liabitity 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 Airport's Risk Manager. (a) Contractor shall furnish to the Risk Manager Certificates of Insurance evidencing that all of the hezein 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 hoid harmless Augusta, GA, its officers, elected officials, employees, agents and the Aviation Commission and its employees; and in the event Contractor or Augusta, GA shall become liable in an amount in excess of the amount or amounts of such policies, then the Contractor shall save Augusta, GA, its officers, elected officials, employees, agents and the Aviation Commission and its employees harmless from the whoJe thereof, except in the event of gross negligence of Augusta, GA. Contract for Airside Pavemerrt Crack Repair & Marking Project Page 12 of 20 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, Augusta, GA 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 Augusta, Georgia 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 }east $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, Georgia Baard of Commissioners, their officers, agents, elected and appointed officials, representatives, volunteers, and employees, the Aviation Commission and the Airport. (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 Airport. 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, Georgia, the Aviation Commissian, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, Georgia Cornmission, the Aviation Commission, the Airport, 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 rnost current CG 40 O1 ISO form. (c) Automobile Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area {AOA) 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, Georgia, the Aviation Commission, the Airport, and their officers, agents, elected and appointed o�cials, representatives, volunteers, and employees. Augusta, Georgia Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shaIl contain Severability of Interest Clause and shall include contractuai liability coverage at leasT as broad as that given in the most current CA 00 U1 ISO form. (d) All such evidence of insurance shall be in the form of certificates of insuranee satisfactory to Augusta, Georgia 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 sha11 promptly authorize and have delivered such statement to the Aviation Commission. Contractor authorizes the Aviation Commission and/or Augusta's Risk Manager to confirm with Contractor's insurance agents, brokers, and insurance companies all information furnished. 25.9 The acceptance of delivery to Augusta, Georgia 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 Augusta 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 Augusta. 25.10 The Contractor and Augusta understand and agree that the minimum limits of the insurance herein required may, from time to time, becorne 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 Augusta, within sixty (60) days of the effective date thereof, a certificate of insurance evidencing that such insurance is in force. Con#ract forAirside Pavement Crack Repair & Marking Project Page 13 of 20 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 information will be given to the Aviation Commission. Renewal Certificates of Insurance must be provided to Augusta 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 endorseznents must be reasonably acceptable to Augusta and Aviation Commission. 25.13 An insurance binder letter or a Certificate of Insurance must be sent to: Augusta, Georgia 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, Georgia $oard of Commissioners and its members, officers, elected officials, agents, servants, employees and successors in office, as set forth in the Augusta, Georgia Code, and particuiarly 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 af litigation incutred by the Augusta, Georgia Boazd 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 Aizport 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 andlor improvements made to the premises, and hereby releases the Augusta, Georgia Boazd of Commissioners and the Augusta Aviation Cornmission, from liability in connection with any such claims. In the event of a conflict between the provisions of the Augusta, Georgia Code and this Contract, the broader requirement shall gavem. ARTICLE XXVII BONDS 27.1 The Cantractor shall provide payment and performance bonds. The amount of the premiums for such bonds shall be included in the Price. The honds 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 shatl: {a) Be in a form approved by Augusta; (b) Incorporate by reference the terms of this Contract For Airside Pavement Crack Repair and Marking 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; b 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 Si2e Category of XII or better. (d) Be executed by a company licensed and authvrized to do business in the Sta.te of Georgia; (e) Be accornpanied 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 Augusta prior to commencernent of the Work. 27.3 The bonding company that issues the bonds must be registered with The Surety Association of Amezica (SAA). 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. 2'7.5 No surety will be accepted who is now in default or delinquent on any bonds or who is interested in any litigation against Augusta. Contract for Airside Pavement Crack Repair & Marking ProjeCt Page 14 of 20 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 di�culty, 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 Porce Majeure claimed to delay, liinder 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 shali 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; (� Explosion; (g) Flood; (h} Strike or other labor dispute; 28.4 Any shortage or disruption of or inability to obtain laboz, 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 XXIV 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 ail licenses, pernuts, 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 pernutted to work in the United Sta.tes under the Immigration and Naturalization Act, 8 U.S.C. 1101, et seq. 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. Cantractor 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. Al] employees shall be properly badged and comply with all Airport safety and security rules. Contract forAirside Pavement Crack Repair & Marking Projed Page 15 of 20 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 alsa include collection of appropriate criminal history information, contractual and business associations and practices, employznent 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. 3p.3 Contractor shall pay all costs associated with providing SIDA badges. ARTICLE XXXI HAZARDOUS MATERIALS 32. Contractor shall not cause or pemut 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 retum 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 govemmental authority or the United States Govemment, 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. §] 317, or (iii) defined as a"hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.G.§ 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 3�.1 The Contractor shall furnish goods, products, materials, equipment and systems which: 32.2 Comply with this Contract for; 323 Conform to applicable regulations, specifications, descriptions, instructions, daza and samples; 32.4 Are new and without damage; 32.5 Are of quality, suength, durability, capacity or appearance equal to or higher than that required by the Contr�ct Documents; 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 aze 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 fumished, 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 Contractoz shall so inform Augusta and shall proceed as directed by Augusta. 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. ART[CLE XXXIII PROHIBITION AGAINST CONTINGENT FEES The Contractor by execution of this Contract warrants that it has not employed or retained any cornpany or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that he has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bana fide employee working solely for him, any fees, commission, percentage, gift, or other consideratian contingent upon or resulting from the award or making of this Contract. Cont�act for Airside Pavement Crack Repair & Marking Project Page 16 of 20 ARTICLE XXXIV USE OF AUGUSTA CEORGIA 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 ta 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 reiated 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 certiftcate of payment nor any provision of the Contract, nor partial or entire occupancy or use of the Work by Augusta, 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 shail 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, Augusta 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 Augusta 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 permiited, and that the Work will conform to the requirements of the Contract. Work not conforxning to these requirements, including substiturions not properly approved and authorized, is considered defective. Augusta, in its sole discretion, may exclude from the Contractor's warranty, remedies for damage or defect which Augusta determines were caused by abuse, modifications not executed by the Contracior, improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by Augusta, the Contractor shall fumish satisfactory evidence as to the kind and quality of materials and equipment. All warranties and guaranties shall extend for the greatest of one (1) 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 (1) year period shall be extended with respect to portions of the Work first performed after Substantial Completion for a period of one (1) year after the actual perfarmance of the Work. If any defect or deviation should exist, develop, be discovered or appear within such one (1 } year period, the Contractor, at its 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 Augusta prior to Substantial Completion und such delivery s6a11 be a condition precedent to the issuance of the Certificate of Substantial Completion. Before Fina1 Payment the Contractor shall assign and transfer to Augusta a11 guarantees warranties and agreernents 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 Augusta, and that upon Final Completion of the Work, all such guarantees, warranties and agreements shall be in place and enforceable by Augusta in accordance with their terms. Contract for Airside Pavemen# Crack Repair & Marking Projec# Page 17 of 20 SECTION 2.0 GENERAL PROVISIONS. TECHNICAL SPECIFICATIONS AND APPENDICES PLEASE SEE ATTACHMENT 1 Contract for Airside Pavement Crack Repair 8 Marking Project Page 18 of 20 SECTION 3.0 ADDITIONAL TERMS AND CONDITIOI�TS ARTICLE I PERMITS. LICENSES AND CERTIFICATIONS Contractor shall provide a copy of all relevant licenses and certifications. ARTICLE II CONTRACTOR'S COMPENSATION Contractor shall be compensated as set forth in Specifications, Section 90, Generai Measurement and Payment. ARTICLE [II 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 aRer 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 IV JUDICIAL INTERPRETATION Should any provision of this Contract require judicial interpretation, it is ageed 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 V GOVERNING LAW This Contr�ct will be construed under Georgia law, including the Georgia Uniform Commercial Code; alt remedies available under that code are applicable to this Contract. Contractor and Augusta, Georgia fix jurisdiction and venue for any action brought with respect to this Contract in Augusta, Georgia. Contractor specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia or the Sauthem District Court of Georgia. ARTICLE VI ENTIRE AGREEMENT r ., This Contrac�* constitutes the sole Contract between Au�'�l�e ��ra��ie`representations oral or written not incorpor.ater� k,�rein shall be binding on the parties. No Change Order, Field Order, amendment or modification of this Concract snall be enforceable uniess approved by official action as provided in this Contract. Attached hereto and incarpo:atecl herein as part of this Contract are Addendums, Insurance, Attachment B(Statement of Non-Discrimination, Non-CoSlusion of Prime Bidder/Offeror, Conflict of Interest, Contractor Affidavit and Agreernent) Systematic Alien Verification for EntiTlements (SAVE) Program, Subcontractor Affidavit, and Non-Collusion Affidavit of Subcontractor, Buy America Certification, and Certification Of Non-segregated Facilities. ARTICLE VII COUNTERPARTS This Contract may be executed in several counterparts, each of which shall be deemed an original, and all such counterparts togethez shall consritute one and the same ConUract. ARTICLE VIII CAPTIONS The section captions contained in this Contract are for convenience oniy 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 thc 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. Contract for Airside Pavemerrt Crack Repair & Marking Project Page 19 of 20 ARTICLE IX FURTHER ACTS Augusta and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as may reasonably be necessary in order to cany 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, as of the date first written above. OWNER: CITY OF AUGUSTA � �� � � ����;� � d� �z� �I Z� David S. Copenha�r;lVlayor Date : �C'� ��J�[� � �Z �� a � � � � ," °f � ttest: Lena t er, Clerk of Commission : Date ; OWNER: AUGUSTA� ''�IATION COMMISSION, AUGUSTA, GEORGIA g � � � 7 �- Jay Forrester, Chairman D e � r, �,f� ... L i � 7 � _2� , W' ess D e CONTRACTOR: B �.�f�i�t. d� �� `�1�"'1� L� � ��, Date ;' f - „ . �� ���j`�w �� � :.�.,c. � s.�- ' L t: � � � . � Witness ; �/ Date .+ � �� t ;!� , Contract for Airside Pavement Crack Repair 8 Marking Proje� Page 20 of 20 p T � � l�{ � ^"� V � — � � Z �"' `'., p h' '�; a' � g � � 4 � � � � .- � � � �� � � � 4 � �.C,, �-- �; .� �,�,, J R-� .r � � �j � � .�, � � ta � � � � � �,,�' w S'a � o N --� `.._. ..,` .� � �- � r �� �' `!� .� � � �" � "� j .�_' � � ==' ` , � , ° , J -'' � .- � ,.. � �,, _ �,�, _. 5 < . � �a � � � ; '"""_ -� > "`� „� � �, �` - �a�. �,...�. � `"� �� � � , $ J� � .:. ��.---�' '~_� �,.�j� T"� -"_" �''� � -�' � v O �'-� � � � � � v � `r �:� _ � - �3 r � �,q 1 ` p D � �. - �� � �...s --..,,, ":'`� a^�'' r � L� � � �, v "�' '�y � 1s-, M � � �� � `" � �" z3 :� s -,... � � ', ; .� q P ;r 3 � �� �°,,. �t� _ �� � � � � � � � � � � �.. � � � � � _ �-- �.�, �— `� � _._. r� �J o � Q I � �-� < � � a a � � � g S � $ � � w -- _ -- � m ^ r a � � S �. � � ^ �, yc a e � o� � u � (� l � � � . J J . t0 J� � J J (n fA f!J � � W d O ` a c a m c m � ro � a „ m � � � � � � 'm � � � � � � � � � m � t � � � � � `� � � �0 4 � � s d " °° � � � a a ° � � � � � " � � LL � � � � � W O L � � W � � � � � �i � .4 � � � = m � tq � � � � � m � a�r o F � � � m `' � � :g v1 tn E E � � � e�i � � m � 2 c c � i > W � 0. d U W C's � � � Q a d � U } � a p T ^ � ' N � .- c� Z Z Z g N m v d N r r W C7 t? e!'1 m �f � ui �[) LL1 W � i � �y o e o Q � �, � � m n {�i1 O C� � � � 2 � N N m m m � � ¢ 4 w a d a a a d d a 4 y 0.� � � p G � W. � O Z �If �- N PJ V tn t0 1� aD W � N '< a � � r r ,:) � ik ' � N � � � � � N � � a 4 � �.." � � " � � 9 � -� �- � :� � ., � � � � � � � �,. ' � •fl � � � ,-,.. �.�.. �- � �'-� � ---�1_ ,. ��, � . � � ).,�'..� °.�.,,�°' E� 2� � 0 0 � � � �. � o � � � � Q � � � �= �� � � � �. a.. o � ,� � _ � r� -� r � N : � N �� a � � � � �� ' 3 �� s � ����,..� J � � � :� �� ��,� ,, � `LR " ,, _� � g � �� ���r�� s ': W � � r g c3 .� '� � '-- o � _ ... � � s � �� � � �� � '� o w � m = � � � � � � � � _� � � � g -c � �` � � � E � c �� g � o � v u�i a � � i�� 3 3 t � � � � � � �� � = r �; � ,� ��� o �+ ' � � � ��� ` a� s a LL ~ � �� � v cs > O a � 6 � � � � O � � � m � �'' '�' `' °' .� < < +�[ � l�jJ m d� m m ATTACHMENT B CONTRACTOR AFFIDAVIT AND AGREEMENT Contractor Affidavit ander O.C.G.A. § 13-14-91(b)(1) By executing this affidavit, the undersigned contractor verifies its compliance vvith O.C.G.A. § 13-� 0-91, stating affirmatively that the individual, firm or corporation which is engaged in the physica.i performauce of services on behalf of �name of puhlic em lo er has registere�3 with, is authorized to use and uses the federal work authorizati.on program cornmonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable pravisions and deadlines establishad in O.C.G.A. § 13-10-91. Furtheimore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physicai perfc�rrr�ance of services in satisfaction of such contract only with subcontractors wha present an af�idavit to the contractor with the information required by U.C.G.A. § 13-10-91(b). Contractor hereby ai#ests that its federal work authorization user identification number and daxe of authoriz�tian are as foXiows: �� ..�C� �?� } �� �����r, �- �� ��`-{Z Federal Work Authoriza.tion User lden�ificatiQn Number ��, � � � L� �- . Date of Authoriza ' n . ��� � �, � l.ls ...� l� Name vf Co tractor "� ^ ;t ��c� � . � � �«� �,; � �1 � Name of Proj c ^ ` Y � _. ' "t l � �'�� � - � – .�/�/ Name of Public Employer j I hereby declare under penaliy of perjury that the foregoing is true and correct. Executed on �, � 20I � in � �,� {city), �(state}. Signature of Authorized Officer or Agent r - )��,' � ��� - �5 �'�i ���"� Printed Name and Tit�e of Authorized Officer or Agent ST�$S BED AND SWORI'�I E�ORE r��N T IS THE 2� DAY F,;' ��- ,201 Z. .� F :% ---�'�=� — � _ '�Z't,�2� -�.� � � ,ti�- �; �i TARY PUBL C J , . . ' _ � �,, ,; � , My Commission Expires: r�� i �r i ? ._._._,--.�..�,-- . ��_ . �� - NOTAR1Al S�� � �unningh�m NOTARY WU�IiC Twp o1 Gree�efleld. Laxawanr+a Cour�tY My C�mmisSian ExR�r�s a4' ^7t201� ATTACH�/IENT C SUBCaNTRACTOR AFFIDAVIT � �- .f� - � - _ : " _ - 2;,�, .�t' --�-,G�..�- +. _ t ,,�y- ' .� �. � � !�� ' () R G ! A , i.f STATE UF G�ORGlA - GOUNTY fJF RICHMOND BID/RFPiR�Q#_ ��: �"� '�����,__,_, SUBCONTRACTOR AFFIDAVfT By executing this affidavit, the undersigned subcontractor verifies its compiiance with O.C.G.A. 13- 10-91, stating affirmatively that the +ndividual, firr�, or corporation whict� is �ngageci in the physical � performance of se►vices under a coniract wfth ! � � -;,��; � � _ ;:�.�, � � ��':4, �� �-» on behaif af Augusta Richmond County Board of Commissioners has registered with and is participating in a #e�sra! �rork autharization prograrn* jany of the elect�rsnic veritication o# work authorizafion programs operated by #he United States Department of Homeland Security or any equ+valent federa! work auihorizatic�n program operated by the United Staies Department of Nomeland Security to verify information of newly hired employees, purs�sant io #he Immigration Reform and Contro! Act of 1986 ([RCA), P.L. 99-603j, in accordance with the applicability provisions and deadlines established in O. C. G. A 13-i 0-91. 341n(o`�1S _. _ __ _ _ _ __ _ _ __ _. . � _ E-Verify ° User ident�cation Numbe� � 3 .:� �'"�i . � �,• ; i � �,3 t t __ �_�-".�F �" Y � � � � ..ai'�- ;� L+r C �'—._ __ GornQany 1�iame � . _ . f; . , �,-`:,�v ' `` ` % ` -� _ BY`' Author�zed {)fificer ar Agent (Gontsactor S+gnature) � � : ' � �,�_�_ _ Titie af Authflrized Otficer or A �nt Of Cont�BCtor Georgia Law requires your company to have an }- � E-verify`User ldentification Number on ar after .tuty /�; ,^ �'� ,�<-;;� � ; �� 1, 2009. _� _+� __ Printed Name of A�Ehari�ed� Officer or Agent I�or additional information: State af Georgia rita;flwww dnl.state �aa us/pr�ftru}esi300 10 1.Ddf SU$SCRIBED AND SWpW�! BEFORE ME QM THiS TNE r��_ ` a��' DAY O� 1,��it. 20 . I�. -_ _.r �f' �(,�,�--c..�'' 7-�Y i'tC � _, Notary Public My Cornmission Expires o ,,.t�,,,� PATR��AA.McDMHEI. �,� MYCOMMISSION�fE69846 NOTARY SEAI ____.._ . _ .__ _ __-._._ __ ' . _ EXP{AES:FEB�e1;26'Ib __ °i� 8onded through 1 st St�e h�f�l t�v �/zaJzoii Bid Rem #�2-1&5 Airside Paveme�t G recic Repair and Marking Project Page 3 of 4 ,i �� � ' ��i��� -- � L� -�. �? � ��� ,,� .� `' F �� ��-= � c� t;,�'O R G I A ,,'�� In accordance with the Laws of Georgia, the folfowing aftidavit is required by a8 vendats NON-C4LLUSIQN AFFtDAViT OF SUBCt3NTRACTOR � ``. � , ^e�,i€;; that th�s b[d ar proposai �s made wfthout prior � ,� � r � .� � � r ,. < _ ,s�derz ar;dir�y ay e�n.�,l :ar ,;c�r��±�:.� ,,nr� a�• :� �r-y ;,c,rpor�iion. firrri or person submitting a bid for the s�me .ro�o�k. =at�or �r s�:r��,<,r- �z� i�e citi;•,�� ��r tr.� _���,�;ies_ m�leriafs or equipment td b� lurnished and is in a11 ��s�>etats fair ar�� �v.in�rur c�o�i�s��r� rf° E,��u�� ' unt:ersta�d cotiusive bidding i� a viola#ion pf state and fed�ral �aw and can result in fines, prison sentences and civi! damages awards. I agree to abide by all conditions of this t�id or praposal and certify that i am auiliarized to sign this bid c�r �arop4sai tor ihe bidder. A#fiant tu�ther st,aies tt�at pu�suant to O.C.G.A. Section 36-91-21 (d� and (e), r �'�, �,�,. ri ,�-_ �: '"� [~as nat. by ilseif or with othe�s, d's�ectly ar __ _ __. _. _ incf�rec; y�rQVerfecf c�r �tle.� ��c�r= o ar�:�F�t �:e< <Pet�t!or in such bidding or propc�safs by any means w�atsoever Affranf furth�r s;ates ;�,� ts;�':e r,�s n�rt pre�;��iied or endeavored to prevent anyane frortl making a bici �r oft�r c�n tl��: «r��ect t�y F��y �^:���r�;: ;ntna=eve� ��3r r�as Afifant caused or ind►rced another [o withdraw a bid or ofF�r tor fhe rvork._ ��, Affiant furthef states that the said offer of ��r �=.� �_ �a ' f,'•r��?� ��� is bona fide, and khat no ane has gone to any supplier and attempted to get`such pe�son or cvrnpany to fu��isF� Ehe materials to fhe bidder only, or if fumished to a�y ott�sr t�st�der, that the material shall be at a hi�her price. � " , , ; , , R S�c�natGre o�Authoriz�Co � �:�,.. �,.:. � s _ _.�. _ — _ � mpany Representative l .. : / , � f � r` . . �-+.�----___.;..4 r . ._........_. -._s.. _.. i�,�..... � .__. .__.._.. .._.�. 7itle � � Sw�rn to and 5ubscribed before me this _,�v�..�� day of �_. �__, 2tI j 2-- (�� `, . ��.�,Gc.,,t,, l�-t' �Y �__�4,.�-L.- -- – Notary Signature Notary Public: �'� ��-��-�� T� M��N1 E.. L__ (Prir�t Name) County __ _ ���Rn�,...._. CQmmission Expires: _ _ .. "= `� OTARY SEAL ��ax r US` j , �. MY COMMISSION �ff63846 '��. EXPIRES: FEB 13, 2015 Bonded t�rough 1st St�te Insut� Rev.7J22j2017 8id Rem #12-185 Airside Pavemet►i Cr�k Reparc and llAa�k�g Project Page 4 oi4 ATTACHMENT D CERTIFICATE OF CORPORATE AUTHORITY Control No.12065092 SrTATE QF GEC�RGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King, Jr. Drive Atlanta, Georgia 30334-1530 CERTIFICATE oF INCORPORATION I, Brian P. Kemp, the Secretary of State and the Corporations Commissioner of the State of Georgia, hereby certify under the seal of my office that AXTELL' S, INC. a Domestic Profit Corporation has been duly incorporated under the laws of the State of Georgia on 08/13/2012 by the filing of articles of incorporation in the Office of the Secretary of State and by the paying of fees as provided by Title 14 of the Of�icial Code of Georgia Annotated. WITNESS my hand and official seal in the City of Atlanta and the State of Georgia on August 13, 2012 . ��'"" " � �� 3 � � `�"�� � � �� �„"'�' �r � � � � � �`; i � � �}:,� :+ ,`,�':...:�°'_'..� . �3t'ic'i. T] P. �Ce111'1y�,71 17?fs �ECr�ta.f�( Ot '�'�tc'3t@ COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE September 21, 2010 TQ ALL WHOM THESE PRESENTS SHALL C�7ME, GREETING; I DO HEREBY CERTIFY, That irom an examinatian of the indices and Records of this Department, it appears that AXTELL'S INC., a Pennsylvania corporation, incorporated March 23, 1998, is duly incorporated under the laws of the Commonwealth of Pennsylvania and remains subsisting so tar as the records of this office show, as of the date herein. ', IN TESTIMC►NY WH EREl7F, I hanfe hereurrto set rny hand and caused the Seal of ahe Secretary's t7ffice to be affixed, the day and year �ove written. ��� � t � � Acting Secretary of the Commornvealth Control No: 1206509Z Date Flled: 08/1312012 10:59 AM Brian P. Kemp Secretary of State Articles Of Incorporation For Georgia Profit Corporation The name of the corporation is: Axtell's, Inc. Principal mailing address of the corporation is: 1586 Heart Lake Road Jermyn, PA 18433 The Registered Agent is: INC�RP SERVICES 2000 RIVEREDGE PKWY NW STE 8$5 ATLANTA, GA 30328 County: The name and address of incorporator(s) are: Teri L Butts Nick Axtell 24 Ball Raad 261 Carey Road Scott TWP, PA 18447 Scott TWP, PR 18433 The corporation is authorized to issue: 1,000 Shares The optional provisions are: No optional provisions. IN WITNESS WHEREOF, the undersigned has executed these Articles of Incorporation on the date set forth below. Signature(s): Date: Attomey-in-Fact, Jeremy C��nni �ham August 13, 2012 ATTACHMENT B CONSOLIDATED DOCUMENT REQUIRED BY THE CITY OF AUGUSTA �a�� � � ,--- � � ts �� 4 R G I r\ Attachment B � )35 O�.:iii:iCllillL�i; � +�'il:' �i qt:i :suu��7iii�t�. saCUrrt��li P;i�a3t :i .'. +`OU P.iCESt :;!)€n:.,E:e art ! ;:c:itl:'it ^,If s <��c i�3atari::ec:. Augusta, Georgia Procurement Oepartment ATTN. Procurement Dire�tor b30 Greene Street, Suite 605 As�gusia, Georgia 3��1 � � �tame ui BitSdes: ��'�� Siteet Adttress: . �c � � 9, . Ctiy, Sta/e. Trp Code: i1 ��� � r , Phone. `�?t? �-5��� Fax: 5?� ��� 3 Email: � � � lt.?�-�'� Do You liave A Business 1.lcense? Yes: Na: .�. `' Business Liaense �t for your Campany {�tus� f�radide3. � ' Y EC� ��� ` Company mt�t be �censed in the Governmental enttty for wttere they do tfis sr►aJos'sty o tfieir business. tf r Governm t 1 entity �•� f���, {State or Local) does not require a business license, your company wi8 be requ(red to obtain a Richmond Counry business license if awarde�cf a BidlRFPlRFQ, For fus4her informakion conlact the LfCense and inspection Depar#ment @ 706 312-5162. List the State. GittC & Countv that issued vour ttcensa: �tckrcoenried�eme�t o�:�dd�r►da: (#1) : {#2) : {#�3��; (#4) : {�5} : (#6) ;{#7) ; (#8),� 07 : P P R B S D 1 N ht 1.AB " Statement of ldan-DiscrJminafion The undersigned understands that if is the poiicy of Augusta, Geargia fo pramote fult and equal business opportunity f8r a�l persons doing business with Augusta, Georgia. The undersigned covenants that we have nof discriminated, an the basis of race, religion, gender, national origin or ethniclty, with regard to prime contracting, subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure m�cimum practicable participa�on of locat small businesses on the bid or cflnt�act awarded by Augusta, �eorgia. The ur�dersigned further covenants that we have completed truthfu{ly and fuily #he required forms regarding good fa�th efforts an� iocal sma11 business subcontractor/sup�lier utilization. The undersignsd further covenanks and agrees not to engage in discrimina#ory canduct of any rype againsi local sma!! businesses, in confarmiry witfi Augusta, Georgia's Local Small Business Opportunity Program. Set farth befow is the signature of an officer af the biddinglcontracfin� entity with the authority ta bind the entity. The undersigned acknowledge and warrant that #his Company has been macle aware of understands and a�ees to take affirmative aciion to ptovide such companies with the ma�cimum practicable oppartunities to da business with thi� Company; That khis promise of nos�-diserimina#fon as made and set forth herein shall be continuing in nature and shat! rema+n in full force and effect without intesruption; That the promises of non-discrimination as made and set forth herein shalf be and are hereby deemed ta be made as part of and incorporated by reference into any contract or portion thereo# which tfis Company may hereafter obtain and; Thai 1he failure of this Company t� satisfactarily discharge any of the promises of no�discrimir►ation as made and set forth herein shali constitute a material bteach af confract entitling Augusta, Georgia fo ciecfare the contract in default and to exercise any and aii applicable rights remedies including but noi limited to cancellatian of the contract, #ermination af the contract, suspensian and debarrnent from future contracting opportunities, and withholding and or forfeiture af compensation due and owing on a contract. Bid 12-185 Atrside Pavement Crack ftepafr & Marking Projecl Page 20 of 51 Attachme�nt B� Page 2 of 3 Non-Co(lusion of Pnme Bidder/4fferor By submission of a bid, the vendar certifies, under penalty of perjury, that to the best of its knowledge and belief: (a) The prices in the proposal have been arrived at independent{y without collusion, consuttation, communications, or agreement, for the purpose of restricting competition, as to any matter relating fo such prices with any other vendor or with any competitor. (b) Uniess othervuise required by faw, the prices wiiich have been quoted in the proposal have not been know'sngly disclosed by the vendor prior to opening, directfy or indirectly, to any other vendar or to any competitor. {c} Na attempt has been made, or will be made, by the vendor to induce any other person, partnership or corporation to submit or not to submit a proposa! for the purpose of rest�icting competition. Coilusions and fraud in bid preparation shall be repotted #o the State of Georgia Attorney Generai and the United States Justice Department. Conflict af Mterest By submission of a bid, the respanding �Rn certifies, ur►der penalty of perjury, thaf to the best of its knowledge and belief: 1. No cireumstances exist which cause a Conflict of Interest in perForming the services required by this ITB, and 2. That no employee of the County, nor any membe� thereof, not any public agency or official affected by this lTB, has any pecuniary interest in the business of the responding firm or his sub-consuitant(s) has any interest that would confiict in any manner or degree with the performance related to this ITB. By submission of a bid, the vendor cert�es under penatty of perJury, that to the best of its knowledge and belief: (a) The prices in the bid have been arrived at independently without collusion, c�nsultation, communications, or agreement, for the purpose of restricting competition, as to any matfer relating to such prices with any other vendor or with any competitor. (b) Unless otherwise required by law, the pr�ces which have been quoted in the bid have not knowingly been disclosed by the vendor prior to apening, directly or indirectly, to any other vendor or competitor. c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach or violation of this provision, the County shali have the right to terminate any related contract or agreement without liabi{ity and at its discre#ion to deduct from the price, or otherwise recover, the fu11 amount af such fee, commission, percentage, gift, payment ar cansideration. You Uiust Com�ietc a��J Return all ;; oaa�s a'r .�t?�chrn � YJ1LFl � 'ai�r 3ub:nittal. Docu�-nent l++fust 3¢ �yraearized. Bid 12-185 Airside Pavement Crack Repair & Marking Project Page 21 of 51 At#achment B- Page 3 of 3 Con#ractor Affidavit and Aareement By exec�ting this affidavit, #he undersignec! contractor verifies its compliance with O.C.G.A. 73-10-9i, stating �rmatively that the individuai, firm, or corp�oration which is contracting with Augusta, Geargia Board of Commissioners has reglstered with and is pa�#icipating in a federal work authorizatian program" [any of the electronic verifica6on of worlc autharization progra�ns operated by ihe United States Oepartrnen# of Nomeland Security or any equivalent federaE wcxk authorization program operaked by the Uni#ec! Sta#es Department of Homeland Security fo verify in€ormation of newly hi�ed employees, pursuant #o the Immigration Reform and Control Act of 1986 (IftCA), P.L. 99-603], in accordance with the appficability provisions and deadiines established in O.C.G.A 13�10-91. The undersi�r�ed further agrees that, should it employ ot contract with any subcontracfor(s) in connectian with the physical perEormance of services pursuant to this contract with Augusta, Georg':a Board of Commissioners, contractor witl secure from stsch subcantractar(s} similar verification of compEiance with O.C.G,A 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 oc a substantialiy simiiar form. Contractor fuKher agrees to maintain records o� such compliance and pr�vide a cc�py of eaeh such �rerification to the Augusta, Georgia Board of Commissloners at the time the subcontractor(s) is retained #o perform such servic;�. Georgia Law requtres your camp�ny to have an E-Verify'User tdentif�cation Nu�►ber tCompany LD.) on or after July 1, 2009. For additional information or to enroli your company, visit the State of Georgia website: hft�s:!/e and/or izttp;pwww.dal.state,aa,us/�dflrules1300 10 't�t�f '"'`E-Verify * User td . ntifi�ation Number (Company i.D.) ���1� ����1 ,��tOT�: E•1+ERlFY �SCtt IDENDiF1�kTtON PlUtziQEF[ 1C;�P�T�{l¢;y t.D,) f9JS7;3� ?ROViDEU: 1N ADO{t;p,t. T�= RZCdb3�4EA1DED A4°.t�RDECi VEIdOOR LMkJ. $i� :tE4UtR�D i 6�ROVI{)�, A,Opv Jc� MQF.iELA VO Srs`.i�R1TY �>;��ORAN�UPlt OF UNOc`RS'fANplDiG t�ip(J9 3he unders9gned further agrees to submit a notar�zed copy of Attachment S and any required documentatton noted as part of the Augusta, Georgia Board of Commissions specifica#ions which govem this process. In addition, the undersigneti agsees ta submit atl required forms for any subcontractor{s) as requested and ar required. 1 further under�tand that my submtttat wiit be deemed non-compliant if any part of this oaess is violated. �,��I,l� -� Company Name� � � ���r►e. • BY: Autharized Officer or Ager�t {Canfract Sig � ature ��c.StfJ� Tit�e of Authorized Uffi r ar Agent of Contractor `� r'' G. � Printed Name of Authori �cer r Agent UBS R1BED AND Sw R EFO ME ON TNIS THE _� oAY OF uy� __, 2� Z� f i T�RY SEA� N ry Public � NarA�wR ��a� deremy CunninpApm My Commission Expires: ` �' � _ ►�orA�cyp�� My C Gresnetefd, lakswaisna Caur,ty '� oU i+AtiSt COl�lA1hL� a,�d ^ns�:�rn atl 3�nes o: F�ttaci�me«f Lt with :'oc�r 3uls��iital. t3c �����t�tc'tfC4:QlliTI20i3 REV.7/22/2�11 Sid 12-185 Airsfde Pavement Crack ReQa'a & Marking Projecl Page 22 0( 51 �`. � �;; � � �. � � --' a &"�- � -p � `: �-.- � .P°'_ . = � --- -,G�_ �� I;, �U R C 7 A r t.' STATE i3�' GEQRGtA - CCJll1�TY C3F RiGH�l+tt)t��? B1DIRfP1RFGt# �:� `" �;�� SUBCC3�ITRAGTUi2 AFFiDAVIT By executing �his affidavit, the undersigned subcontraclor verifies its cflrnpliance with O.C.G.A, i3- 10-91, s#ati�g affirmativeiy tt�at the individual, firm, or cnr �'atior► which is engaged in the physical per#ormance of senrices under a contr�cf with �, �,'����'•�,-��=.� "� fl� behalf af Augusta RiGhmand County Bosrd af Comr�tissioners fi�as registered wi#fi and is participating in a #ederal work authorization program` (any af the electronic verification of wark authorization programs operatea by ihe United Stat�s Department of Homeiand Security or any equivatent federeJ wotk a�thorization program operatect by ihe United States p�partr»ent of Homeland Security to verify inforn�aGon af r�ewiy hiret! employees, pursuant to the Immigration Refvrm �nd Gonirol Act af 9986 ([RCA), P.L. 99-6#�3j, in accordance with the app3icabiliiy provisions and deadlines established in O. C. G. A 73-i{�-91, 3����� __ _�__--. _ ____ F-Verif�r' User Edent�ication l�umber } . f y� � ,r✓� ��' iij� �.��`'.�� . { �') ..�� -_.V.�.�!� . r . {.._..._.._. . .... _._. COt11��lty N,3R1E • ,- � � ,/ `f . '� +�J ..,._..--_._._. ..._.—_..»...� $�' U ^ 1C£'f 8f �198l1t (Contracior ; ignaiure} t / ai {, � (. �L1 � f y �� ;, �� � ��" .,�:.., �.;��_e__. __._ �_,�.. ..._—___. TiSte of Authorized OHtcer or A�ht of Contractor Georgia Law requires your cortipany ta have an E-Vcri#y'Use� ider�tification Alumber fln ot after July � ��` S �a`.� �'�%�'n��. r` 1, 2009. __._.._., __ - ...._ _ �_ _._ _ Printed Name of Auth�or'�ed Qfificer or Agent l�car adr�iticanal infnrmation: Sta�e of Georgia �=3�_ v�ww-,cic�t �i�+1c=,ya usl,}<"lrc,t��sr_304 1 r�cif SUBSCRIBED AND SWORIV 8EFC3RE ME �N THtS TNE •"ttos �te- �c�;� u�,ri�,govienro�t! � ��._ _ DAY O� ,___ _ 2a I �,. C..��t:�..�.,�- s��� _ __._.�.__ --.___ _ . __ _____---___. _ __ _ Nc�tary Pu�fic Niy Gorniriission Ex{lires �,.w PATf�I4A McDAP�Et r° � MY CON�SS�1 �4& _._.___�,.._.__._--- — 9�IRE&: - �S#3 ; �f�--- - Nt7TARY S�AL ea�e0 d�u�, tet S6�e �a �:, . . - - - . ; F. ,.,. ... , ; ,., . , ;.; , , t , . . . . _ : :��.. > >, , . -,. . . : ,:, ,ts �,::.-t ,, . . . , ... . � ... .._ . . _ ... . -.. , . � :.' . ,t,t'`". Sq ._._':"3Yr. . REV, ? j21.1203I �;d �zm �[12-iB5 Aitsict Aavemeni Craek Repair iritl hfatki� ProjeCt Paye 3 0! d ,�"` .." r� k_ �+ �4.-..s"'�� �• ' �,-.° �r .-'"€:�'� (� t.�;,�'�U IZ G i A �.� in ar.cordance with the �aws ot Georgia, the ir,�iow;�g a{fidav7t �s required by atl vsndors NON-�C?L.Lt1SiC3N AF�fD�4V1T t?F SUBGONTRACTOR � �. . �, .......__t�' ��� _.��'�..._ .__ rertity that this bid or proposal is m�de withnut priar ;jr�eJSt2n�Frq. ag eers�:e *,�er eorsr�er,3�or; s;.�itf; any �:c�rporatFnn, firm or person submitting a bid for ihe same �ar,rk, :abar or sen�fe t� be dc�ne ar th� ��PE>iies mat�r�als or equipme�t to be furnished and is in all ���p�cts {a�r ar�d evFEhoui r.r�'�uy.on c�r lrauta. 1 un�rc�rstastr� caltusive bidding fs a vialaiion ai stat� and federaf law and can resutt in fines, pr�stin sentences ar�d civit dan�ages aw�rds. t agree to abide by all conditions of lhis bid or pro�asal and cerlify that i am authorized to sigi� ihis bid or proposa! ios the bidder- A�ant further s a 5 lh�i pursuant fo O.C.G_A. Sec#ioe� 36-81-21 (d} and {e). ��� 1. ;'� �- � "��..,__..__ _ �_ r'as nat. by itself or wiEh oth�rs, direCity ar indirgct y. �reve��ied o- ° tterr,pt�ti sQ ,>rc••:enf com�e.rst,an in such biddiru,� or propcasals by any means wharsoever t�tf�2�t f�,ri�?er stafes tl�ai #�;r,L. nas r��t Freveni�d or �ndeavored to prevent at�yone frorr► making a t�:� ar o;fer c,s� th4 cxvjeci �y ar�y r���e�ns w`rta;�rer, �;�• �-,a� pffisnt caused ar induced another io withdraw a bid or a#fer #pr the work. �� f f ,,�� x � t RffiaM further sta#es ihat the said otier pf ��,..�....-t���� is bana fde, and that no or�e has gone 10 any suppiier and attempted lo get'sucti person or cnrnpany to #urnisti ihe materials to fhe bidder only, or if fumished ta any othe� bidder, fhai the materiat shati be at a higher price. ,,, >, � � r '� ' ., ,.� ,� .�� ;,�, Si� a Gre o°uthori Cc�m any Representativ8 T.�..� _...,_.�_.,___ / +S A ,, 'E , � � ;_Y'� � '� � �!; i _.� . �, �. � ,_.�.� c��__�� ...,� ---. _ A.__ . __ r�n� Swo #o and subscribed before me th+s 1��` day nf . T _ m , 20_�,�- fC __ NotarySignature _ � ��t�-- _..._...__..____— i (� Notary Pubiic� ,-� {/Z-tCt�1 f�1 M� (Prini Namej CamtY ___�___1�!'V�. -__.__.______._ Cotnm�ss;flr. Ex�ires: _.._- __. _. ___..__pp-�p�q.� � OTARY SEAL �� MY C01�SI�1 s�83846 EXf'tRES: F� 13, 2015 '� 6ancer! triro�h tsi Stote tns�aanca _._____�� �Y�i;. i, ...�� _ ae: _ �,:��� _ , .. _ F- ,t�- . , _-� _ ,."':n. lS ��n�. , :, � .: r ! .,� .. . . . . ., . . . ,r: i ., �...., :. ,�... r •, ,. . _., -._ _ _ _ . ,_ . $. . .. _�. .. . � f; . �. : ,:. , . i::-. . . ,. . . .. . . . . , .. � . . , �.. . . : r ... . � r r . • . . � . _ _ . - . . .. . �`:. _ � . , a�v. �/uj2a2� 6id ftem#1T�1&i Ai►cbe Piyer�nt Getk Repair and I�tarking Projeci Page d of � � � h A� { v.. � � Z � �i ,� � �. 7 2 � K '„ �� "� j � � � � h,} � � � = ; 1� 1�`� Q 1�' � �j '� �J �.. f` Q g � � r t� � �' .� �_ � — .,t� � m ,� a--- � �v v o � � v � � .�,� � � f`' F �p ,,,` � -.... � � ��. � �"L,� � � 1 q, , h � '� a � �—,�,E,�,,� a � � o � _ 5�,� . ,:� ' .� � � ;'� �� ' � -�~ . � r � � y `.. 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W � �$ Q p O �r ": �C '� � N � ��� a e w a °� � � t� � � ,� � J J � � (n J� � J � LJJ U) tlJ � a � � � � � � a m � � � � � � � � � � � � � � � � � � � � � � . � � � U � � r � b � < a c � " � � � m � � � � �' � � � � a � � � �T e� � � �i ° � � �° E � � ¢ � � � � � 6 � � � � m a�r � Y � m E �� u�i � a a � � t�5 � $ � � � a � � n' N N � � V Ch M �7 C'1 V � � H it) 1A H! iQ � �u p � � g � � �i `�i a � � d' � � a 4 a J a a a a a a a a � W p � ry{ � � � � _ � N [7 Q t� �Q h iD W � r �. � � N � � � �� Ll � � � � `A �� a � �` � � �' � 9 ,, � � n .�- Y 1 _ i••Q^' i � � : � � J �� � p � � � -� � � � � � � :� � � � --� ¢, � � � � � � � � n � �� � � . � � � � � �' � � � � " Y O �C �i O y � c3a:.�..y t[7 � g � N � N r � a � � r�i� y � v � � 5 .� � ..�t. � �, .�, .... � � ��� � �. � $ � � ����� .� � � � � � i � m � � � � � � y � - � � � �� � 3 � � � � G C C: m � � 5 m �� � � � � �� � � � � � � a � � .- � � o 0 _ � � ,� ui �ci � r r C �j �+- � °r °� � � � < � a p a ' ►- F �� � O � �i � � ��� Q yj ! � 1 � m m � � V � � �' g �y � 4 � f Q d v1 m E r Ti � �1 . ;�� /� G I�� �� O ti G I!l USE'I'�IE ATTr1C�IEll FORMS AND AllNER� TO TFIE 1?VSTRUCTIUNS O1V EAGH FC)RM PLEASE Df)1�IC?T SUBS"�"ITU'3['� FORIVIS : ,'�_ ...a� .�-��.� ,...:�. » , sw't a. a=. ., .�'. ...� �� �. . �Fs. :s". 7�t�� ...a . .. 'i's��, . `�,. ��. , Can#ract Documents (Bid Bond (10%) ofTatal Pro'ect V J Appendix F(ScGeduls of Unit 1'r�ces} Appenclix � {Bid Tora�) Appe�Ydix C— Disadvantagea Business Enterprises DSE Schedale af Partteipation DBE Identific�tion Affidavid DBE Letter of Iritent DBE Unavailsbitity 4if �ppi.) Bidder's List �ornt Proc►�rment Form - Attachment B(th�ree (3) pages) t/ Statement of Nan-Discrimination Nan-Coilnsion Affdavif of Prime Bidder - Conflict of Intcrest Contractor Affidavit and Agrecment Buy America Certification v Certi�ca�ian of Non-segregated Facitities V Certftic�tian �tegArding Debars�ent, Saspcnsion, Ineligibility And Voluntary Excicision Ackn�rvledgecnent of Chttnge Order Form Bid 12-185 Airside Psvemecit Cradc Repair & Marking Project Page 28 ot 61 - Eiiiy Ame:•ica Certi#Tca�ion (Tiile +l9 U.S.C. Sertion 5U101) T'R�JI�+C? NAME: �t ' � �Z% ��S � G�' �'Gt• �'� v�c: � L �'t�-�1�. � AIRAOttT I�EAME: � �-L f�' . � t� - A2P iVUMl3rR: Th3s sotic,tation and any resuEting eonfraef dre subject to #he Buy fimerica requ�rements a'# �9 U.S.C. Section 50'f01. The bidder certifies it and atl assc3csated seabcontraetors wi!! compty with the 8uy American preterences established under Tit1e 49 U.S.C. Section 501 d� as fo�lows: L{.S.C. Section v0101 - Buying goods praduced in the United Stafes (a} Preference. - Tl�e Secretary of Transportation may obiigate an amount #hat may be approprfated to carry out seclion � 06(k}, �4502(a) {2), or 445(39, subchapter I o# chapter 471 (excepf section 47127), or chapter A�8'f (except sections 481 Q2(e), 481 i}6, 481 Q7, and 4611 fl} af this title for a projeet on(y it steef and manufaciured goods used in the praject are praduced :n the United States. {�) Waiver. - Tne Secretary may waive subsectian �a) of ti�is section if the Secretary finds that - (1 � Applying subsection (a) woutd be 'sncors�stent with the pubflc interest; (2) The stee! and goods produced '+n tt�e United Stat�s are no# produced in a sut#icien� and reasonabEy availabEe amount or are not of a satisfactory qe�aitiy; (3) When procuring a�tacifiry or e�uipment under se�tion 44�02{a){2) ar 4g5U9, subct�apter t o# chaptet 471 {except seciion 47127), or chapcer 481 (except sectians 48102(e}, 48106, 48107, ana �$110) �f this Eit1e - (a} 'Fhe cost oi cQmpanents and subcomponenis produeed in the tlnited States is mar8 than G4 percent af the cost of a11 components af the facility or �:quipment; �nd tb) Final assem£�1y of the faci[ity or equipment has occurred in the United States; ar {4) lnciud�ng dflmestic r'naierial will increase t�e casE of the flver�l! project by more than 25 �ercent. (a� i.abar Cpsts. - this se�t"son labar costs involved in fin8f assembfy are noE included in calculat�ng the cost of oompor�ents. As a matter of bid responsiveness, tt�e bidder or offeror must complete and submit this certificatian r�vith their bid. The bidder must sign and date the certifi�ation. The bidder rnust indicate hnw they propose ta comply w�th e Buy Arrretica provisidn by selecting one of tt� foltowir� certification statements. The bidder hereby certEfies that it wifl comply with Title 49 U.S.0 Section 501a1(a} by arcty installing steet and manufactured prodUCts produced in tfie United States of America. The bidder further agrees #hat if chasen as t3�e apparent tow bid� it w�ll submit documentatiar� to Augusta, Georgia thaE desnonstrate a!i steel and manufactured products are 140°Io mancrfactured in the United States. Q The btdder hereby certi€�es that it cannot fuliy comply with the Buy America prefc�rences nf Tttle 49 U.S.0 Section 801Q1(aj; bidder therefore requests a 4�raiv�r per Titie 49 U.S.0 Section 5010'I�b} subject to the following conditians.• - Far equipment and mate�iaE the FAA has aiready issued a waiver to AlP Suy American preferences as indicated on the current FAA Buy American canformance fist, biddet shall submit a lisiing of sReci�c equipment and maleriaf it praposes to instatl an the project priar to the issuance af a �lot"sce-Eo-Proceed - For equi�snent and materia! tlie FAA has no# previously issued a waiver to Buy American preferences, tiie bidder ldenlifie� wsth the apparent low bid agrees to prepare and submit ta Augusta a waivsr request and camponent catcuiaiian ir�Formation within 15 catendas days ofi the ate of the notice of rpparent award �; contract. _. _ __. �...��:� '�� ._ _ - __. _.-�.�� Z � 3fdc �� :e I�b �I77 (�'rr�nN �i� ; 1'�utzj r // ,(�V° � i�t,.u: i��;�� i: C �r gnrrridre ; 8id 12-185 Airside Pavemen# C�ack Repair & t�ar,cing Proiect Page 29 ot 51 CERTI�ICATiON OF NON-SEGREGATEa FAC�LlTfES The Coc�tractor cartifies that she or he does not maintain ar provide, ior his employees, any segregated faciiities at any � his establishments and that she or he ci�es not permii his employees io perform their services at any iocation, under his control, where segregated facilities are maintained. The federaily-assisted Cont�ctor certi;ies that she or he ��ili not maintain or provide, for t�s employees, segregated faciiities at any of his estab{ishments and that she or �e will not permit his employees tc perfflrm the'u services at any lacation under his control avhere s�rega#ed facilities are maintained. The fiedera4ly-assisted construcfion Contractor agrees that a breaeh of th�s certificafion is a vioiaUon of the Equal �ppoetunity Cfause in this contract. As used in tt�is cer#ification, ihe term "segregated facilities" means any waiting �ooms, wark areas, restrooms, �nd v��ashrooms, restaurants and other eating areas, time clocks, lt3cker raoms and other sforage or dressing areas, parking lots, drinicing fauntains, recreaiian or entertainment areas, trar�sporfatio», and housing facilities provided far empfoyees which are segregated by explicit direcEives or are, in fact, segregated on #he basis of race, color, religian, or natianal origin because o# habit, locaf custam, r�� any ofher reasan. The iec�erally- assisted construction Coniractor agrees ihat (ex�epE where she or he has obtained ideniical certificatians from proposed subcontractars fot specific time perio�s) she or he wiil obtain identical certiFication5 i'ram proposed sui�ontractors prior to Che award af subcontraots exceec�ing $10,000 which are noi exempt frnm the provislons o# the Equa� Upportunity Clause and that she or he wilt retain such ce�tti#icatiorrs in h#s files. Reference Exscutive Otc#ei' 11246 4� CFR Part 6t3 -'! .8 � �i AC 15f1/510G-15, Pa . . b. � � ; Co:�t�actor Signatu `j ` ' "�� ��"�' �"`�' Date '� �' �" � j 'J �-�.i � Bid 12- �f35 Alrside Pavement Crads Regair & Marking Projecl Page 30 oi 51 , AC3{1tiOWLEDGT:ME�fT Al� C3�A�tGT nRll��2 R�QUTI2I�;Vl�N'1'S A�GUS'1`A l2TCI�1�4�Atl} COUN'14', G�ORGIA CQ»nactor acknor�+}edges that tiyiti cantracE and any ehaitges �c� ii by a�»endi�ient, nlc�diiicatio��, clianbe order or otliei' similaT• dUCUn�ent may l�ave required or may require 11'e legisiative autliari�.atio� o�' tiie I3oard of Coninti�ssioi3crs anc; �f�proval c�f if�e �+tayor. t;��dcr Georg?� Iaw, Contractor is decrned to �zflsse4s knowiedge concemiiig Augusca, Georaia`s ability to assui�3e cou«accuaI at�i3gacions and the ccnzsec�i�enees ot Gontra�to�'s pro�risic�n oi '�oods or servi�es to Augusta, Geor6�i� u��der a�t �u�autl�ori�ed coz�c�•act, aine�zdn�ent, inadiflcatio��, cija3�ge order or oti�er similar docutrent, ineludi,sg the �o�.5ibility tl�at t1�e (:.pnlr�cio�� may be precladed fron� recovra�ni� payment f�r s��cl; uneuQ3o3tizec� �po�s cr �ervices. A�cordir7gly, Cc�nr,actor xg�•ees tliat- if it pravides goods or service,�+ to Aubttsip, Geo�•g�a unde�� � cant:�aci tltai has not received proper le�isl�tive a«thos•ization �r• it' ilTe Crnitractar p1•c�vir�� bo�ds or se�� ices to Augusta, Georgia in exccss of the uny co�3trr�ctuatly �utljarized geads or sen7ce.s, Q� i by Au�usta, Georgia'� CliarteT a��ti Code, Augusta, Georgia may �vitlihold payc:ient for any unautlu�rized goo�s or se�vices �roYided by C:ontraclor. L'ontr�tctor a+sumes ai! riak of iion-paynYes�i. Fat• ihe �rovisio3� ot ai�y unauthorued goads or sei��ices to A��ust�, Gec»�ia, and it uaives �II cft�ims �� paynae�3t t�r to o�l3er �`eniedies for dic pro�tision of zny wiautliorized �oods or tierviees to Au�usha, Gear�ia, i�a�vever cI�aract�ri 1i1C�ULjiiib �uiillout IianiEIItibtl, �lt reinedies at lau� t�r squity." This acknowl�dge�nent shall Ue a mandatory J�roi�isi��i i�i ali Au�usta, Geargia c�ntructs far �oods and � exce�>t cevenue �rvdc�cist�. coi�4ri►�ts. .� � 7'itis _`�-- �, dxy nf � �R. ct���f'^ ,�,, 20 t 2. GOl\"1'RA.C'i'�I2: , RY . f��` �, ��s ._._.�.. I'rinted Na�i�e: �' � „� `��. , ��.c: �.�- , �� � � Seci�cis � � ➢ (Coz�parate 5ea1} Bid 12-�85 Airside Pavament Gadc Repair &�,tlarku�g Project ?age 39 of 51 Att�,usta Rcgipnai Abyort CdiPE Tin. 0733-21 Aicsitic )'HVwucnt Cruck Rc{ztir and M�rking Proj�xt lunc 201Q I3ID 13U3YD �ot�� r�o. 3 211716 AMOUNT: 1� 60.00O.Q �_._._._ Axtell's Irc. KNOW Al,l. M�N BY TFiESE MEN €'RE.SEN'I:S. tl�.�st �.__„�_ ___, __,,,_._,_....�._._._ ,_,__�____ i586 HearL Lake Road; Jermyn, PA 28433 hcrcio�ilc,r cnllcct il�e PR1AtCIPAL, a�nl ._.^B��era Insuxance Company .���__ �, ._.... _.._..�.____ 111Q1 Roosevelt Blvd. t3c����. St, rer_ers;t>ur�, FL 3371E a corp�ratiUn dnly Ar�ani�.Cd undcr Ux 1n�vS of 4he St81C of �� �,_�_ �_.._. - _ - •--_.. __...�_ hn�insitspfiiix:i�alplaccofUnsint�sat__�_��iG3 Roosevelt Blvd. North; St. Petersburg, FL 33716 ,_` _...___�..._-__....._----..___..-.-_____..._.,._.__.,...__..�_�AilieSi:il�Of.�, _.___p___.__.,�.._.�..... ancl auttwrixEd to do basiness in tlic S1utc ol' Gcargi�, us SURETY, arc hcld and firmly bocmd City of Augusta, GA 1lltid � �s OWNER hereinaftcr called the OBLIGE�, in the stun of l0� af total amount aid not to exceed �_ _.. �ixty rhou$ana._.___�._.._. DOt3.�+RS (�.......�_ $6� 040. GO _ } far tlx: p:jyn�en� for u�hiLh we bis�c! ourselvcs, our heiix, executaia, aelmini�Yraun;5, sur.c�.5:�csn, and �ts.�s7g�u, joiatiy and sc�ro�ly, �rmly by 1Ucsc presc�ft:;. THE COTVnIT10N OFTi�IiS BOND IS SUCIf TI�AT: WHEREAS. ttie PRINCIPALis hcrc�vith subrnitting His ar i�s Bid Prnpic�sal for_�__,",_.,.�,,_„_ _.,, �.__.�.. # 12-185 ,�irside Favemer.Y. Crack Fcepai•_- and Markir Proj ect fcr Augusta Rer��onal A�rpor� �rid J3it4 Arc�«sAl. by retere�ice thcret�, being hcreby nt�ti� u parl hcreof. NOW '17�iER�FOR�, (A) tf tf�c bitl shnll rcmriin c�peu fc�r n prriaci of �wt le� tMan �iincty (90) days falia►�hn� o�enin� of the bids �nd bc rcjecird, as is� d�e :dtcrnaic, (B) if t}ie bi�i sh��li re�ik'�iti npen fur u perind nf nut !e� 11wn ti�i��ety t'�� �tys R�IIs�H7ng openin� oPU�ebids nncl be neceptec� s►nd �hc PR1I�CIPAI.sbu1) cxet�itc :�nd deli��rr s� Cnn�rnc� ui ihc fnrm of Gontract auaclsed I�crcto �prc�crly ��c�►npieicd in acccxcltx3ce wiii� thc l�id) .ind si��11 fur�ush a nerfornusncc �nd p�ymcat dehc�sit or surety 6ond !'c�r his faithfid perfnrmt�i►ec �>f Ilse Cnntr;Kt, cind for ihc �ynicnt of tt{t pers+�ns per(orming labor ar fiu��ishing maicrirds in c�n��cction tltcrc►vith, 131i - 1 Au$Uatp Rcgiun�l AiY}�art C�PB No. tT?33 21 Airs�de Pavcn�cnt Cruck ttc��ir and Markin� Pmjcs:t lnna 2012 TiX�iV, ihis obiigation s1�a11 be vcricl; c�therwise the s�une shalt renwin i�� fqme and effcct, ii being expre,s.ely understcu�d atxl a�recc{ ih�l ihc liab4Iity at the SURE7Y for any nnd al1 cluims hereunder shall. i�i nn cvent, excecd the said urz�cwnt of Ihis obtissttic>n tis I�ercin st�Ned. �'ro�ridect, l�owever, tEu�t in aciditivn ta 1he aitux,nl of this i�6ligntian �s i�erein stxieei, the SUR�I'Y sbzN be tiabte for atl cos�n nnd attt�r►�ys (ec�s ineur�ed by ttic OBUGG� in a�torcing the c�bfigauians hcreuncier. 'i'!�c SURETY, fur vnlnc mceivcd, hcrcbystip��Jaics apd a�;rees ihut ihc obligatio►t �ortltc SURL•7'Y t��ci i(s b�ui c(mll bc in no way iitipei��ed or a(Tectad by �ny e�e�k�irni oCthe �ime witfiin �vhicit the �WNER muy a�ccpt such Ui<k mad the SURETY cloe.� hcreUy evnivc iwticc o1'sucb cxtct�sirn�. �N \'JITT�U�SS W�iF,i2E0�, �he PRINGAAL and thc SURE'PX blve l�ereunto set their lu�nds ancl �scais, anct i�cve e�c�,vtcd this i►�tiuyu�xni and 5uch ofth�m �r acc cc�r�xuutions l�ve r,�usai their crn�iurufc sc.�tx tn Ue hcreto ufftxcd anci �hcst pr'esents !� tu; �itr_ �t by their proper o!'Tcr�rs, dic day aitd yctv first sct 1`orth abnvc. Si�;nedantta�tfedthis 32st _ tk�yof A�'�"�� 20 1 2 A�ctell's Inc. PRINGtI'AL � ^�� ' ' 13y ...._..._...!�!!� `! l.:.���� B insura C ompany — ----,�_......._._... .._ . .._... .__._._ � S���t�r 13Y l���__�'���t-� � �l�JU-�- Att�ey-In-�act Fter.r��th C. Turner. A�tornty-ia-Fact TMPORTAN'!': T{ie SURE7'Y executing bonds mvst appenr an ttye Treasury Deparu�rn's mcisl curreat list (CirCal.ar S7� <�.i umeixlal) and be autUori•r.ed tn tr�nsac� busincss in thc State oT Ciccu�i�, END 4I� t�EG'Tit)I�t II13 13H-2 B�AI� INSOItANC'E COMTAlYY � :usi �u s�w x. si. r�.� w.� �rn ST'ATEMENT OF' ASSBTS, UABILITIES AN13 SURPLUS . �t D�ce�der 3t, it�l l AS$E7"$ + . G'�ek �d CJU� � .................. ............................................................... ......... 12,l►S0�617 ife+�t 9eoari�4r atM�dart Vsme ...................................................................................,. 38.6ili;00S lf e�tad�iuletXieoei�le ...... .......................................................................... Rfitl.lN3 Bqriy � at1►/�bet Yrh�e.......:., .. . .............,......................................., ............... 32.53aU? Oderla�ied Ase�s .... ....................... ............................................... .. ................ 4,G51,902 ca�isa�wrsotDepasn ................................................................................................ a.9ao,t.}e C�Hddb TiuK ............ .................................... ...... .......................................... . - l�oCeedd 7a�o�e,rt JoPOme . . . ... ...... ............ .. ... ....... ... ....... ......... . .. .. ............ ............. 391 �A3S tre�sims �od�Aoc�o�rM�ltweiwbk ................................................................................. 6y629�t6 Asso�s Iidd�farCe�qRsi�sae .................................................................. .......... 2,�47,117 Reie�wr�aoaLes�l6�+oo+�nWa .................................. . ................. . .......................,.... 43E,S3� bo0n a'�OOes�eoavabiwGf�fent .......................................................................,...,... i heoseTi�oa �oeiv�6is�Dekned .......... ....... .. ............................... ................... .....�.. 3.T33,1i1 �ityislJsdar+n�rt Aao'ci�ti°'as• .............. ..,................,.....,..................................... - D+t�d Ao4oiefdas CaMI� ................................................. ........................................ - , l�p�eq�/bquipweatN�tDtp�oci�tion ............................................................................. l,233,I?S � an�n1 A�... � ................... �.....,..................................................... �... ... 9,976 A�000tds Reaare►bla Att'i 'i+e4ed ........ . ... ................... ................................................. I,S36,137 TOTAL A88YT8 1 ...................................... .......... ................. ta.,,�� WABIL'ITlBB � SURPLIiB 10aneire�t Iyaaeet a�d ALAE ....................................................................................... 43,6E?,113 � Mm�aro � :................. ...................................................................... 26,6055,?31 Mr�+nit /ieldlDWC IFsiaasits ............................................................... ....................... 33is 19t ���.........� ...................................................................... SA2I,OOS Aco.a�AO'�bla .. . ........................................................................................... - ,�0�•1'+�y�b�e.�ed•,.• .......... ...............�........................ ... .............................. � �.�_ '1'b!tAi.Ur►�l1'1� .... ................................................... ........... �,n �.�; � i�idCYBDLD�B' SAJRtIAS Co!a�ot S'�oot .... ................ ................................................................................. 4,SOQ000 Ad��1�id ia Cepihl .........:. ......... .................... ............................................,.... 3Z.330,Bi6 � 3� Igyrph�l No� ........ .......................................................................... ... (4.3Z536t1 Tri't'A!. !6l.EC'YAOL�B' StJIITLUS .. ...... ......................................... ........... ...... 3� 7� SS��S3 '�'O1'AL LfABE1.i11E3 A1�Dt NtN.it'1'NQLDERR' RiI�RM t�S .. . ... . ..... ... .. . ..... . .. ... .. . . . . . .. . i 1� � 11MMt 1�d 1d�e� 7matset.etBAlDGERS R�J� COMtAtiY, ccrtil�' d�t Ihe fa�eiolni ir � fiir mrcman of At�, Li14t1111iUa�. S�apbn �ad Odror Fwedt at'd� C�,,iR Ws dox o�bwisar, Dieeanbor 31. 2011, �s iat4eaod tiY i�600k� �d tixordt od �[epexed in i�r �aat�oe �e wNA tlielsw�loc�A�rt �Ik Shcs of Floeid. iLi 7158?I�t6Y Wl1�EOF. l 1rMe sat nif' land and �Elixrd thc seal of tha C�ry. tbit, 61b dqofltprA.lCl2. '� SAJVI4�S II�WC� C011�APi1�' • , �l .'i`"'�"r ,�.. � ' � P�ower of Attorney �� 1 1«� � E� Bankers Insurance Company KNOW ALL MEN BY THESE PRESENTS, that BANKERS INSURANCE COMPANY, a corporation duly organized under the laws of the State of Florida, and having its principal office in the City of St. Petersburg, Pinellas County, Florida, does hereby rrominate, constitute and appoint: "**SBA'"'SBA'"*"SBA"**SBA"*SBA"'*SBA'"*SBA'""SBA""`SBA"''SBA"*"'S BA'""SBA"'S BA'"'"SBA"'SBA***SBA"'SBA Sruce Allen, Diane L. Ott, Gr�ory Al1en,Janet A. Gross, Kafen Al�n, Kenneth C. Tumer, SandTa Giichrist and/or Tracy A. McCurry of the Ciry of Springfield � Delaware County, State of Pennsylvania , its true and IawFul Attomey-in-fact, with full power and authority hereby conferred upon him/her to make, execute, seal and deiiver for and on its behalf, as Surety, as its act and deed, any and ati bonds, undertakings consent or Agreement not exceeding the sum of Th�� Miliion and xx/10o dollars — - -- $3,000,000.00 which this Company may be suthorized to write. This Power of Attomey is granted and is signed and sealed under and by the authori#y of the following resolutions adopted by the Board of Directors of Bankers Insurance Company, and now in force to wit: BE !T RESOLVED, that the Chairman of tlie Board, Pres��t and any Vice President of the Corporatron are hereby aut�wrized to execu6e Powers of Attomey, qualiyirg ihe At�rtrey�s}in-Fact named in the Povwers of AtMmey to exea�te, on behatf of �e Corporation, bands, undertakings and contrads of suretyshiP� and that the Secrotary or any AssistaM Secretary af the Corporation are hereby authcnizeti to attest #tue execution of arg+ such Power of At�mey. BE IT FURTHER RESOLVED, that U�e signatures of such :of5cers may be afiixed to any such Power of Attomey or to any certificate r�lating thereto by facsimite, �y and such Pow�er of Attomey ar certificate bearing such facsimile signatures sha0 be valid and bind+ng � the cflrporatlon when so a(fixed in the future with �t to arry Dond. undertakirig or contract of suretyship to which it is a�ed. iN WITNESS WHEREOF, Bankers Insuranoe Company has caused these presents, to be executed by their duly authorized officers as of this 1� day of J�, 2010. ATTEST: � BANKE INSURA E COMPANY � 19«.� ey: �� Nancy . Hair Assistant Secretary David K. t�ehan, President STATE OF FLORIDA ) COUNTY OF PWELLAS ) The foregoing inshument was acknowledged before me 1� day of J�, �Q by David` K Meehan and Nancy C. Haire, as President and Assista►it� Secretary, respecc��veiy, of Bankers i�nce Company, a Fbrida corporation, on behalf of the comoration. ��,+�n�p�� `t ���� -o ��.��� 2��: � � s *~��• ,� - , :����� (NOTARYPUBLIC) j `�:�'� +<,:��,��: I, the undersigned, Assistarrt Secretary of Bankers lnsurance Company do hereby certNy 1fiaYfhe originai Power of Attomey, of whicfi the, foregoing is a full, t�ue and corred copy� is In full forc�e and ef�Ck IN WITNESS WHEREO�, i have hereunto subsc�ibed my name as Assistarit Secretary, and affix tl� corporate seal of the Corporation th� 31st dayof Au�ust . , 20 12 *"'SBA"'SBA'**S8A*"''`SBA*"*SBA'"�"SBA**'SBA'*"SBA""SBA""SBA"`*SBA"'SBA*"SBA"**SBA**'SBA"'"'SBA' � �Qi1 ' � � �A.�"/ Nancy C. Ha , Assistant Secretary