HomeMy WebLinkAboutCONTRACT AUGUSTA RICHMOND COUNTY FOR AUGUSTA REGIONAL AIRPORT AND SDIISYS, LLC FIBER OPTIC AND SECURITY CAMERA UPGRAD PROJECT CONTRACT
• AUGUSTA- RICHMOND COUNTY
FOR THE
AUGUSTA REGIONAL AIRPORT
And
SDI -isys, LLC
FIBER OPTIC AND SECURITY CAMERA UPGRADE
PROJECT
Page 1 Contract for Bid 14 -181 Fiber Optic & Security Camera Upgrade
This Contract for the provision of Fiber Optic and Security Camera Upgrade Project (hereinafter designated
as the "Contract ") made and entered into as of this 25 day of — t oll C-1 2014, by and between the
City of Augusta (City) for the AUGUSTA REGIONAL AIRPORT, (hereinafter designated as "Airport") and
■AtAS (hereinafter designated as "Contractor").
WITNESSETH:
WHEREAS, the City is the owner and operator of a full service commercial airport known as the Augusta
Regional Airport at Bush Field (the Airport);
WHEREAS, the City solicited bids for the provision of Fiber Optic and Security Camera Upgrade at the
Airport; and
Whereas, Contractor provided a bid in compliance with City, Federal Aviation Administration (FAA) and
all other applicable federal regulations.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements herein
contained, the City and Contractor hereby agree as follows:
OBJECTIVES OF SERVICES
The objective of contracting the services described in this Contract is the provision of Fiber Optic and Security
Camera Upgrades in accordance with the plans and 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 traffic. The commercial traffic is comprised of
sixteen (16) daily arrivals and sixteen (16) daily departures, seven (7) days per week. The facilities are operated
twenty four (24) hours /day, seven (7) days /week and three hundred sixty -five days per year.
The work involves the upgrading of existing surveillance cameras and adding new cameras with fiber optics at the
Airport.
SECTION 1.0
ARTICLE I SCOPE OF WORK
1.1 The term "Work" means the construction, labor, materials, equipment, tools, machinery, testing, temporary
services and utilities, supervision, administration, coordination, planning, insurance, bonds, transportation, security,
and all other services and things necessary to provide the Owner with the facilities, improvements, features, and
functions described in the Specifications identified in Attachment 1, and the Drawings identified in Attachment 2.
The Specifications and the Plans are hereby incorporated into and made a part of this Contract. The Contractor
agrees to complete the Work in a good, firm, substantial and workmanlike manner in strict conformity with this
Contract.
1.2 Additionally, the following specific items shall be considered a part of the Contract Documents by
reference when appropriately executed.
1.2.1 100% Labor and Materials Payment Bond.
1.2.2 100% Performance Bond.
1.2.3 The Certificate of Insurance
1.2.4 The Contractor's completed Bid Form dated February 19, 2014.
1.2.5 All required submittals.
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1.3 The Contractor agrees to furnish all of the materials and all of the equipment and labor necessary and to
perform all of the work entitled Fiber Optic and Security Camera Upgrade Project in compliance with the
Specifications and Drawings dated May 14, 2014, prepared by Mead & Hunt, Inc., 307 W. Main Street, Lexington,
South Carolina, 29072, and in accordance with the requirements and provisions of these Contract Documents.
1.4 Unless otherwise modified, the Contractor shall furnish all of the Work in accordance with the Contract and
all incidental work necessary to complete the Project in an acceptable manner, ready for use, occupancy, or
operation by the Airport. The Contractor shall be responsible for the entire Work and every part thereof.
ARTICLE II. TIME. TERM AND PAYMENT
2.1 Contract Time. The Contractor shall commence the Work under this Contract within ten (10) calendar days
from the date of receiving the Notice to Proceed, as evidenced by official receipt of certified mail or
acknowledgment of personal delivery, and shall fully complete the Work within 180 calendar days from receiving
such Notice to Proceed. The Contract Time may be extended only by Change Order approved and executed by the
Aviation Commission, the County 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, the County shall pay the
Contractor the Contract Price, which is an amount not to exceed of $674,480.00 unless changed by written Change
Order in accordance with the terms of this Contract. Any increase of the Contract Price shall be by Change Order
adopted and approved by the Aviation Commission, the County and the Contractor in accordance with the terms of
this Contract.
2.3 Subject to satisfactory completion of work performed, payments on account thereof shall be made as set
forth in Section GP -90 Measurement and Payment:
2.4 Contractor and County agree to abide by all applicable provisions of Georgia state law concerning
retainage, 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:
Gary Siegfried
Mead & Hunt, Inc.
307 W. Main Street
Lexington, SC 29072
With a Copy to:
Risa Bingham
Augusta Regional Airport
1501 Aviation Way
Augusta, GA 30906
Ph: (706) 798 -3236
FAX: (706) 798 -1551
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ARTICLE III FEDERAL WORK AUTHORIZATION
Pursuant to O.C.G.A. §13 -10 -91 and Georgia Department of Labor Rule 300- 10- 1 -.02, the County cannot enter a
contract for the physical performance of services unless the Contractor and its Subcontractors register and
participate in the Federal Work Authorization Program to verify specific information on all new employees.
3.1 Contractor certifies that it has complied and will continue to comply with O.C.G.A. §13 -10 -91 and Georgia
Department of Labor Rule 300- 10- 1 -.02.
3.2 Contractor agrees to sign an affidavit evidencing its compliance with O.C.G.A. §13 -10 -91 and Georgia
Department of Labor Rule 300- 10- 1 -.02. The signed affidavit is attached to this Contract as Attachment 4.
3.3 Contractor agrees that in the event that it employs or contracts with any Subcontractor(s) in connection with this
Contract, Contractor will secure from each Subcontractor an affidavit that indicates the employee- number
category applicable to that Subcontractor and certifies the Subcontractor's current and continuing compliance
with O.C.G.A. §13 -10 -91 and Georgia Department of Labor Rule 300- 10- 1 -.02. Any signed Subcontractor
affidavit(s) obtained in connection with this Contract shall be attached hereto as Attachment 6.
ARTICLE IV CORPORATE AUTHORITY
Contractor executed the Certificate of Corporate Authority attached hereto as Attachment 5. The officials of the
Contractor executing this Contract are duly and properly in office and are fully authorized and empowered to
execute the same for and on behalf of the Contractor. Contractor has all requisite power and authority to enter into
and perform its obligations under this Contract. The execution and delivery by the Contractor of this Contract and
the compliance by the Contractor with all of the provisions of this Contract (i) is within the purposes, powers, and
authority of the Contractor; (ii) has been done in full compliance with applicable law and has been approved by the
governing body of the Contractor and is legal and will not conflict with or constitute on the part of the Contractor a
violation of or a breach of or a default under any indenture, mortgage, security deed, pledge, note, lease, loan, or
installment sale agreement, contract, or other agreement or instrument to which the Contractor is a party or by which
the Contractor is otherwise subject or bound, or any License, judgment, decree, law, statute, order, writ, injunction,
demand, rule, or regulation of any court or governmental agency or body having jurisdiction over the Contractor;
and (iii) has been duly authorized by all necessary action on the part of the Contractor. This Contract is the valid,
legal, binding and enforceable obligation of the Contractor.
ARTICLE VI INDEPENDENT CONTRACTOR
Contractor is acting, in performance of this Contract, as an independent contractor. Personnel supplied' by the
Contractor or its agents or subcontractors hereunder are not the City's or the Airport's employees or agents and
Contractor assumes full responsibility for their acts. Contractor shall be solely responsible for the payment of
compensation to its employees and subcontractors. The City shall not be responsible for payment of Worker's
Compensation, disability benefits, and unemployment insurance or for withholding and paying employment taxes
for any 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 the Airport from requiring Contractor to have
its employees follow normal rules and guidelines for work performance, redirecting the efforts of the employees to
meet the needs of the facilities, performing safety or from requiring Contractor to perform the requirements of this
Contract satisfactorily, according to the terms set forth herein. No act or direction of the City or Airport shall be
deemed to be the exercise of supervision or control of the Contractor's performance hereunder.
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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 terms herein,
Specifications and Plans.
7.2 All performance shall be subject to inspection and approval by the Aviation Director or his designee as provided
in said Performance Work Statement. If the Contractor's performance is, or becomes unsatisfactory, as determined
by the Aviation Director, an appropriate reduction in payment due may be made from Contractor's invoice and
Contractor shall correct any unsatisfactory performance. The correction of unsatisfactory performance shall be at no
additional cost to Airport.
ARTICLE VIII AUTHORIZED REPRESENTATIVES
8.1 CITY /AIRPORT'S REPRESENTATIVE •
AIRPORT'S REPRESENTATIVE: shall be Clarence Fennell, Engineering Division or his designee.
8.2 CONTRACTOR'S REPRESENTATIVE(S)
Contractor must designate in writing a person(s) acceptable to Airport to serve as its representative
( "Contractor's Representative ") in all dealings with Airport. Contractor's Representative may be changed
upon prior written notice delivered to Airport's Representative. Contractor's representative shall be
i3R1An) 4LA►1CO
ARTICLE XIV PATENT INDEMNITY
Except as otherwise provided, the Contractor shall indemnify the City and its Board of Commissioners, the Aviation
Commission, and their officers, agents and employees against liability, including costs and expenses for
infringement upon any letters or patent of the United States arising out of the performance of this Contract or out of
the use or disposal by or for the account of the City of the equipment furnished or construction work performed
hereunder.
ARTICLE X CHANGES
The City may, during the Contract period, make changes to the Scope of Work, which may result in changes to the
general scope of the Contract and its provisions. Written agreements, changes, or amendments to this Contract shall
not be binding upon the City unless signed by the Aviation Commission and City Commission.
ARTICLE XI CONTRACTOR'S OBLIGATIONS
The Contractor shall, in good workmanlike manner, do and perform, all work and furnish all supplies and materials,
machinery, equipment, facilities, and means, except as herein otherwise expressly specified, necessary, or proper to
perform and complete all the Work required by this Contract, within the time herein specified, in accordance with
the provisions of this Contract and said Specifications and in accordance with the Plans and Drawings of the Work
covered by this Contract and any and all supplemental drawings of the Work covered by this Contract. Contractor
shall furnish, erect, maintain, and remove such equipment, construction, and such temporary works as may be
required. Contractor alone shall be responsible for the safety, efficiency, and adequacy of its equipment,
installations, and methods, and for any damage which may result from their failure or their improper construction,
•
Contract for Bid 14 -181 Fiber Optic & Security Camera Upgrade Project Page 5 of 18
installation, maintenance, or operation. The Contractor shall observe, comply with, and be subject to all terms,
conditions, requirements and limitations of the Contract and Specifications, local ordinances, and state and federal
laws; and shall do, carry on, and complete the entire Work.
ARTICLE XII TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT
To the extent that it does not alter the scope of this Contract, the County 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 warrants that it has not employed or retained any company or person, other than a bona fide employee
working for Contractor, to solicit or secure this Contract; and that Contractor has not paid or agreed to pay any
company, association, corporation, firm or person, other than a bona fide employee working for Contractor, any fee,
commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of
this Contract. For the breach or violation of this warranty and upon a finding after notice and hearing, the City may
terminate the Contract and, at its discretion, may deduct from the Contract Sum, or otherwise recover the full
amount of any such fee, commission, percentage, gift or consideration.
ARTICLE XV RIGHTS AND REMEDIES
The rights and remedies of City provided in this paragraph are not exclusive and are in addition to any other rights
and remedies provided by law or under this Contract.
ARTICLE XVI REPRESENTATIONS AND WARRANTIES
16 Contractor's Representations and Warranties Regarding Capacity to Contract and Perform
Work/Services. In order to induce the City to enter into this Contract, Contractor hereby represents and warrants to
the City as of the date above written that:
16.1. Contractor is duly organized and validly existing in good standing under the laws of the state of
DeC IW Pot C- in which it is organized, is qualified to do business in all jurisdictions in which it is
operating, and has the power and authority to execute and deliver and to perform its obligations
under this Contract and the documents to which it is signatory; and
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.
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A RT I CLE XV II ASSIG
17. Without the prior written consent y, C ontractor may t as, tfer or convey a of its in unde
this Contract, n delegate any of its obli or duties u nder this Con except as prov here
17.1 Co of Ci R Any assi no of this sign Con rans or rights under t Cont , i
whole or part, without Cit the p rior written consent of C will be void, exc tha upon t en (10
calendar days prior wr of notice to C Contractor ma y assi mo nies due ny or to beco du
under this Contract. Any assignment of monies will be subject to proper setoffs in favor of City
and to any deductions provided for in this Contract.
17.2 No Relief of Responsibilities. No assignment will be approved which would relieve Contractor
of its responsibilities under this Contract.
17. Parties Bound. This Contract will be binding upon and inure to the benefit of City and
Contractor and their respective successors and assigns.
ARTICLE XVIII NOTICES
18. Delivery. All notices given by either party to the other under this Contract must be in writing and may be
delivered by: (i) regular mail, postage prepaid; (ii) certified or registered mail; (iii) facsimile; or (iv) hand -
delivery, to the parties at the addresses and facsimile numbers set forth in the Clause titled "Addresses ".
18.1 Receipt. Notices sent by mail will be deemed to be received upon deposit in the mail, properly
addressed. Notices sent by certified or registered mail will be deemed to be received upon the date
of the acknowledgment. Notices sent by facsimile will be deemed to be received upon successful
transmission to the proper facsimile number. Notices delivered by hand - delivery will be deemed
to be received upon acceptance by the respective party or its agent.
18.2 Change of Address or Facsimile Number. Either party may, at any time, change its respective
address or facsimile number by sending written notice to the other party of the change.
18.3 Addresses.
To CITY: For all notices to City the address will be:
Executive Director
Augusta Regional Airport
1501 Aviation Way
Augusta, Georgia 30906
With a copy to: Augusta General Counsel
Augusta Richmond County
Department of Law
501 Greene St.
Augusta, Georgia 30901
To CONTRACTOR: For all notices to CONTRACTOR the address will be: •
SDI -i -sys
2460 Remount Road, Suite 106
North Charleston, SC 29406
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ARTICLE XIV WAIVER
The failure of City to seek redress for any violation of or to insist upon the strict performance of, any term of this
Contract will not prevent a subsequent violation of this Contract from being actionable by City. The provision in
this Contract of any particular remedy will not preclude City from any other remedy.
ARTICLE XX COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
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 City ordinances applicable to the work to be
performed under this Contract, and that it shall obtain all necessary permits, pay all license fees and taxes to comply
therewith. Further, Contractor agrees that it, its agents, and employees will abide by all rules, regulations, and
policies of Airport during the term of this Contract, including any renewal periods. All references to City or Federal
codes, provisions, regulations, and rules are incorporated by reference as if fully set forth herein.
ARTICLE XXII RIGHT TO INSPECT PREMISES.
The City may, at reasonable times, inspect the part of the plant, place of business, or work site of Contractor or any
of its subcontractor or subunit thereof which is pertinent to the performance of this contract.
ARTICLE XXIII ROYALTIES AND PATENTS
The Contractor shall indemnify, hold and save the Aviation Commission, City and its elected officials, officers,
agents, servants, and employees, harmless from liability of any nature or kind, including cost and expenses for, or on
account of, any patented or unpatented invention, process, article, equipment or appliance manufactured or used in
the performance of the Contract, including its use by the City, unless otherwise specifically stipulated in the
Contract.
ARTICLE VVX INSURANCE
During the term of this Contract, Contractor shall provide, pay for, and maintain with companies reasonably
satisfactory to the City and the Aviation Commission, the types of insurance as set forth in the Augusta - Richmond
County Code, and Georgia law as the same may be amended from time to time, and as described herein. All
insurance shall be issued by insurance companies eligible to do business in the State of Georgia and with an Insurer
rated "A" or better by AM Best. All policies shall include hold harmless provisions. In the event of a conflict
between the provisions of the Augusta- Richmond County Code and this Contract, the more stringent requirement
shall govern. In no event shall Contractor maintain any insurance less than the requirements set forth in the
Augusta- Richmond County Code, as amended.
25.1 All liability policies of Contractor and its subcontractors shall provide coverage that includes, or
has the same substantive effect as the following:
25.2 The Contractor shall procure and maintain continuously in effect throughout the term of its
activities upon the Airport at Contractor's sole expense, insurance of the types and in at least such
minimum amounts as set forth in this Section.
25.3 The Contractor's insurance policies as required by this Contract shall apply separately to the City
as if separate policies had been issued to Contractor and City. The Contractor's Comprehensive
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General Liability policy shall protect .Augusta, GA, its officers, elected officials, employees,
agents and the Aviation Commission and its employees against any and all liability created by
reason of Contractor's conduct.
25.4 The Contractor's insurance shall not be subject to cancellation or material alteration until at least
thirty (30) days written notice has been provided to the City's Risk Manager.
(a) Contractor shall furnish to the Risk Manager Certificates of Insurance evidencing that all
of the herein stated requirements have been met. The amount or amounts of all required
policies shall not be deemed a limitation of the Contractor's Contract to indemnify and
hold harmless 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 whole thereof,
except in the event of gross negligence of Augusta, GA.
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 the City
no Less than thirty (30) days prior to cancellation or change.
25.7 Contractor shall carry the following types and minimum amounts of insurance coverage at the
Airport:
(a) Worker's Compensation Insurance - With employer's liability coverage of at least
$1,000,000 each accident, $1,000,000 each employee and a $1,000,000 disease policy
limit. The foregoing insurance shall be endorsed to state that that the workers'
compensation carrier waives its right of subrogation against the Augusta - Georgia its
officers, agents, elected and appointed officials, representatives, volunteers, and
employees, and the Aviation Commission its employees.
(b) Comprehensive General Liability Insurance — In the amount of Five Million ($5,000,000)
against claims for bodily injury, death or property damage occurring on, in about the
Contractor's premises and the Airport, in an amount recommended by the Risk Manager
and acceptable to the City. Said coverage shall include products and completed
operations. The foregoing insurance shall be endorsed to state that it will be primary to
the City and the Aviation Commission's insurance and that the carrier waives its right of
subrogation against Augusta -GA, the Aviation Commission, , and their officers, agents,
elected and appointed officials, representatives, volunteers, and employees. Augusta,GA,
the Aviation Commission, their officers, employees, agents, elected and appointed
officials shall be added as additional insureds on said policies, including products and
completed operations. Said policy shall contain Severability of Interest Clause and shall
include Contractual Liability coverage at least as broad as that given in the most current
CG 00 01 ISO form.
(c) Automobile Insurance. For any vehicles authorized in writing by the Executive Director
to operate on the Aircraft Operating Area (.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 Augusta
Contract for Bid 14 -181 Fiber Optic & Security Camera Upgrade Project Page 9 of 18
GA and the Aviation Commission's insurance and that the carrier waives its right of
subrogation against AugustaGA, the Aviation Commission, and their officers, agents,
elected and appointed officials, representatives, volunteers, and employees. AugustaGA,
the Aviation Commission, and their officers, agents, employees, elected and appointed
.officials shall be added as additional insureds on said policies. Said policy shall contain
SeverabiIity of Interest Clause and shall include contractual liability coverage at least as
broad as that given in the most current CA 00 01 ISO form.
(d) All such evidence of insurance shall be in the form of certificates of insurance
satisfactory to the City and its Risk Manager, accompanied by a certified true copy of an
endorsement to each policy containing the above language. The insurance coverage and
limits required shall be evidenced by properly executed certificates of insurance. These
certificates shall be signed by the authorized representative of the insurance company
shown on the certificate. The required policies of insurance shall be in compliance with
the laws of the State of Georgia.
25.8 If at any time the Aviation Director requests a written statement from the insurance company as to
any impairments to the aggregate limit, Contractor shall promptly authorize and have delivered
such statement to the Aviation Commission. Contractor authorizes the Aviation Commission
and /or the City's Risk Manager to confirm with Contractor's insurance agents, brokers, and
insurance companies all information furnished.
25.9 The acceptance of delivery to the City and the Aviation Commission of any certificate of
insurance evidencing the insurance coverage and limits required under this Contract does not
constitute approval or acceptance by the City or the Aviation Commission that the insurance
requirements in this Contract have been met. No operations shall commence at the Airport unless
and until the required certificates of insurance are in effect and approved by the City.
25.10 The Contractor and the City understand and agree that the minimum limits of the insurance herein
required may, from time to time, become inadequate, and Contractor agrees that it will increase
such minimum limits upon receipt of written notice defining the basis of the increase. The
Contractor shall furnish the City, within ten (10) days of the effective date thereof, a certificate of
insurance evidencing that such insurance is in force.
25.11 If at any time the Airport Director requests a written statement from the insurance companies as to
any impairments to the Aggregate Limit, prompt authorization and delivery of all requested
information will be given to the Aviation Commission. Renewal Certificates of Insurance must be
provided to the City and Aviation Commission as soon as practical but in every instance prior to
expiration of current coverage.
25.12 The amounts and types of insurance shall conform to the following minimum requirements with
the use of Insurance Service Office policies, forms, and endorsements or broader, where
applicable. Notwithstanding the foregoing, the wording of all policies, forms, and endorsements
must be reasonably acceptable to the City and Aviation Commission.
25.13 An insurance binder letter or a Certificate of Insurance must be sent to:
City of Augusta
Risk Manager
530 Greene Street
Room 217
Augusta, Ga. 30901
(706) 821 -2502 (Fax)
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ARTICLE XXVI INDEMNIFICATION AND HOLD HARMLESS
Contractor agrees to indemnify and hold harmless the Augusta Aviation Commission, Augusta, GA and their
members, officers, elected officials, agents, servants, employees and successors in office, as set forth in the Augusta -
Richmond County Code, and particularly Article 1, Chapter 3, Division 1, Section 1- 3 -8.5, Indemnity and Insurance,
as the same maybe amended from time to time, and described herein, from any and all claims including reasonable
attorney's fees and expenses of litigation incurred by the Augusta GA and the Augusta Aviation Commission, in
connection therewith related to or arising out of any damage or injury to property or persons, occurring or allegedly
occurring in, on or about Airport property which are in any way related to or arising out of any failure of Contractor
to perform its obligations hereunder. Contractor further agrees that the foregoing contract to indemnify and hold
harmless applies to any claims for damage or injury to any individuals employed or retained by Contractor in
connection with any changes, additions, alterations, modifications and/or improvements made to the premises, and
hereby releases the Augusta, GA and the Augusta Aviation Commission, from liability in connection with any such
claims. In the event of a conflict between the provisions of the Augusta - Richmond County Code and this Contract,
the broader requirement shall govern.
ARTICLE XXVII BONDS
27.1 The Contractor's payment and performance bonds are attached hereto as Attachment 3. Each
bond shall:
(a) Be in a form approved by the City;
(b) Incorporate by reference the terms of this Contract For Fiber Optic and Security Camera
Upgrade Project
(c) Be executed by a company certified by the Secretary of the United States Department of
Treasury pursuant to the Act of July 30, 1947 (61 Stat. 646, as amended; 6 U.S.C. 6 -13) and
listed in the most current U.S. Treasury Circular 570 document "Surety Companies
Acceptable on Federal Bonds," as published in the Federal Register, and having a current
A.M. Best rating of "A" (Superior) with a Financial Size Category of XII or better.
(d) Be executed by a company licensed and authorized to do business in the state of Georgia;
(e) Be accompanied by a power of attorney certifying that the persons executing the bond
have the authority to do so.
27.2 The Contractor shall deliver any required bonds and powers of attorney to the City prior to
commencement of the Work.
27.3 The bonding company that issues the bonds must be registered with The Surety Association of
America (SAA).
27.4 The bonds shall remain in effect for a period of not Tess than two (2) years following the date of
delivery or the time required to resolve any items of incomplete work and payment of any disputed
amounts whichever time period is longer, or any statutory period applicable to City.
27.5 No surety will be accepted who is now in default or delinquent on any bonds or who is interested
in any litigation against City.
27.6 Each surety shall designate an agent resident in the State of Georgia to whom any requisite notices
may be delivered and on whom services of process may be had in matters arising out of such
surety provider.
ARTICLE XXVIII FORCE MA TEURE
28.1 Neither party hereto shall be considered in default in the performance of its obligations hereunder
to the extent that the performance of any such obligation, except the payment of money, is
prevented or delayed by any cause, existing or future, which is beyond the reasonable control of
the affected party, or by a strike, lockout or other labor difficulty, the settlement of which shall be
within the sole discretion of the party involved.
28.2 Each party hereto shall give notice promptly to the other of the nature and extent of any Force
Majeure claimed to delay, hinder or prevent performance of the services under this Contract. In
Contract for Bid 14 -181 Fiber Optic & Security Camera Upgrade Project Page 11 of 18
th eve either party prevented or delayed in the performance of this ligation by reason
suh Force Majeure, there shall be an equitable adjustment of the schedule.
.3 or s ntractor will not be liable for failure to perform or for delay in performance ob
as a result of Force
jeure , including the following: is
(a Any cause beyond its reasonable control;
(b Any act of God;
(c Inclement weather;
(d Earthquake;
(e Fire;
(f) E
(g Fl
(h Str or other l abor dispute;
28 Any shortage or disruption of or inability to obtain labor, material, manufacturing facilities,
power, fuel or transportation from unusual sources, or any other transporta 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 Con tract 28 hall obtain and maintain at all times all necessary licenses, permits and cert to perform the
work described in the Contract. Contractor shall furnish copies of all licenses, permits, and certifications to the
Airport prior to commencement of Work.
29.2 WORK PERMITS REQUIRED
Contractor agrees and acknowledges that its employees and agent's employees, as well as any
subcontractors or subcontractors' personnel, working on the Contract must be United States citizens, or
must be lawfully admitted for residence and be permitted to work in the United States under the
Immigration and Naturalization Act, 8 U.S.C. 1101, et seq.
ARTICLE XXX AIRPORT SECURITY REOUIREMENTS/ 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 Security Identification Display Area (SIDA) badges for any employee working in the secured area. Contractor
shall comply, at its own expense, with the Transportation Security Authority (TSA) and the Airport's security requirements
for the Airport including, but not limited to employee training and badging. Contractor shall cooperate with the TSA and the
Airport on all security matters and shall promptly comply with any project security arrangements established by the Airport.
Compliance with such security requirements shall not relieve Contractor of its responsibility for maintaining proper security
for the above -noted items, nor shall it be construed as limiting in any manner Contractor's obligation with respect to all
applicable federal, state and Local laws and regulations and its duty to undertake reasonable action to establish and maintain
secure conditions at and around the Premises and throughout the Airport. All employees shall be properly badged and
comply with all Airport safety and security rules.
30.1 To qualify for the badge, individual must be fingerprinted and have a background investigation
completed. In addition, the Airport will conduct a background inquiry and require finger printing
of all individuals who will be working on the secured side of the Airport screening point. This
may also include collection of appropriate criminal history information, contractual and business
associations and practices, employment histories, reputation in the business community and credit
Contract for Bid 14 -181 Fiber Optic & Security Camera Upgrade Project Page 12 of 18
reports for the Contractor, as well as, its employees.
30.2 Contractor consents to such an inquiry and agrees to make available to the Airport such books and
records the Airport deems necessary to conduct the review.
30.3 Contractor shall pay all costs associated with providing SIDA badges.
ARTICLE XXXI HAZARDOUS MATERIALS
Contractor shall not cause or permit any Hazardous Material to be brought, kept or used in or about the Airport by
Contractor, its agents, employees, subcontractors, or invitees. Without limiting the foregoing, if the presence of any
Hazardous Material in the Airport caused or permitted by Contractor results in any contamination of the Airport, Contractor
shall promptly take all actions at its sole expense as are necessary to return the Airport to the conditions existing prior to the
introduction of such Hazardous Material to the Airport; provided that Airport's approval of such actions, and the corrective
actions to be used by Contractor in connection therewith, shall first be obtained. The term "Hazardous Material" means any
hazardous or toxic substance, material, or waste, which is or becomes regulated by any local governmental authority or the
United States Government. The term "Hazardous Material" includes, without limitation, any material or substance which is
(i) defined as a "hazardous waste ", "extremely hazardous waste ", or "restricted hazardous waste" or similar term under any
laws now or hereafter enacted by the United States or the State of Georgia or any political subdivision thereof, or (ii)
designated a "hazardous substance" pursuant to the Federal Water Pollution Control Act, 33 U.S.C. § 1317, or (iii) defined as
a "hazardous waste" pursuant to the Federal Resource Conservation and Recovery Act, 42 U.S.C.§ 6901 et seq., or (iv)
defined as a "hazardous substance" pursuant to the Comprehensive Environmental Response, Compensation and Liability
Act, 42 U.S.C. § 9601 et seq.
ARTICLE XXXH GOODS. PRODUCTS AND MATERIALS
32.1 The Contractor shall furnish goods, products, materials, equipment and systems which:
32..2 Comply with this Contract for;
32.3 Conform to applicable regulations, specifications, descriptions, instructions, data and samples;
32.4 Are new and without damage;
32.5 Are of quality, strength, durability, capacity or appearance equal to or higher than that required by
the Contract Documents;
32.6 Are free from defects; and
32.7 Are beyond and in addition to those required by manufacturers' or suppliers' specifications where
such additional items are required by the Contract Documents.
32.8 All goods, products, materials, equipment and systems named or described in the Contract
Documents, and all others furnished as equal thereto shall, unless specifically stated otherwise, be
furnished, used, installed, employed and protected in strict compliance with the specifications,
recommendations and instructions of the manufacturer or supplier, unless such specifications,
recommendations or instructions deviate from applicable FAA advisory circulars or the Contract
Documents, in which case the Contractor shall so inform the City and shall proceed as directed by
the City. The Contractor shall coordinate all subcontracts to verify compatibility of goods,
products, materials, equipment and systems, and the validity of all warranties and guarantees,
required by the Contract Documents.
ARTICLE XXXIII PROHIBITION AGAINST CONTINGENT FEES
The Contractor by execution of this Contract warrants that it has not employed or retained any company or person,
other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely
for it, any fees, commission, percentage, gift, or other consideration contingent upon or resulting from the award or
making of this Contract.
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AR XXXIV USE OF AUGUSTA, GEORGIA LAND
All contracts for contractors performing demol an dlor construction proje for Augusta, Georgia shall contain a provision requiring that all debris, trash and rubble from the project be transported to and disposed of at the Augusta
Georgia Solid Waste Landfill in accordance with local and state regulations. The Contractor shall provide evidence
of proper disposal through manifests, which shall include the types of material disposed of, the name and location of
the disposal facility, date of disposal and all related fees.
ARTICLE XXXV WARRANTIES AND CORRECTION OF WORK
35.1 The Contractor shall guarantee all Work to have been accomplished in conformance with this Contract.
Neither the final certificate of payment nor any provision of the Contract, nor partial or entire occupancy or use of
the Work by the City, shall constitute an acceptance of any part of the Work not done in accordance with the
Contract, or relieve the Contractor of liability for incomplete or faulty materials or workmanship. The Contractor
shall promptly remedy any omission or defect in the Work and pay for any damage to other improvements or
facilities resulting from such omission or defect which shall appear within a period of one year from the date of final
acceptance, unless a longer period is elsewhere specified. In the event that the Contractor should fail to make
repairs, adjustments, or other remedy that may be made necessary by such defects, the City may do so and charge
the Contractor the cost thereby incurred. The Performance Bond shall remain in full force and effect through the
guarantee period.
35.2 The Contractor warrants to the City that materials and equipment furnished under the Contract will be of good
quality and new unless otherwise required or permitted by the Contract, that the Work will be free from defects not
inherent in the quality required or permitted, and that the Work will conform to the requirements of the Contract.
Work not conforming to these requirements, including substitutions not properly approved and authorized, is
considered defective. The City, in its sole discretion, may exclude from the Contractor's warranty, remedies for
damage or defect which the City determines were caused by abuse, modifications not executed by the Contractor,
improper or insufficient maintenance, improper operation, or normal wear and tear and normal usage. If required by
the City, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
All warranties and guaranties shall extend for the greatest of one year commencing on the dates of Substantial •
Completion of the Project or such longer period of time as is required by the Contract. The one year period shall be
extended with respect to portions of the Work first performed after Substantial Completion for a period of one year
after the actual performance of the Work. If any defect or deviation should exist, develop, be discovered or appear
within such one year period, the Contractor, at 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 the City prior to Substantial Completion and such
delivery shall be a condition precedent to the issuance of the Certificate of Substantial Completion. Before Final
Payment the Contractor shall assign and transfer to the City all guarantees warranties and agreements from all
contractors, Subcontractors, vendors, Suppliers, or manufacturers regarding their performance quality of
workmanship or quality of materials supplied in connection with the Work. The Contractor represents and warrants
that all such guarantees, warranties and agreements will be freely assignable to the City, and that upon Final
Completion of the Work, all such guarantees, warranties and agreements shall be in place and enforceable by the
City in accordance with their terms.
ARTICLE XXXVI CONFLICT IN DOCUMENTS AND PRESENT DOCUMENTS
The Contractor shall in no case claim a waiver of any specification requirements on the basis of previous approval of
material or workmanship on other jobs of like nature or on the basis of what might be considered "standard" for
material or workmanship in any particular location. The Contract for this Project shall govern the Work. If any
portion of the Contract shall be in conflict with any other portion, the various documents comprising the Contract
shall govern in the following order of precedence: Contract, Change Orders or modifications issued after execution
•
•
Contract for Bid 14 -181 Fiber Optic & Security Camera Upgrade Project Page 14 of 18
of the trac the General Requirements of the Contract; the Speccations; the awings; as between schedules
and information given on the drawings, the schedules shall govern; as bet figures given on Drawings and th
scal measurements , the figures shall govern; as between large -scale Drawings an d s -scale Drawings, the
larger scale shall govern; and detail drawings shall govern over general ifi d the Bid Document P
ARTICLE XXXV J IN TE RPRE TATION
Should any provision of this Contract require judicial interpretation, it is a that the court interpreting o
construing the same shall not apply a presumption that the te hereof sh be more strictly construed against one
party by reason of the r of cons that a document is to be cons more Dr strictly against the party who
itself or through its agent prepar s it being a gree d that the agent of all p have participated in the
preparation hereof and all parties have had an adequate opportunity to consult with legal counsel.
ARTICLE GOVERNING LAW
This Contract will be construed under Georgia law, including the Georgia Uniform Commercial Code; all remedies
available under that code are applicable to this Contract. Contractor and Augusta- Richmond County fix jurisdiction
and venue for any action brought with respect to this Contract in Augusta- Richmond County, 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 Southern District Court of Georgia.
ARTICLE ENTIRE AGREEMENT
This Contract constitutes the sole Contract between the County and the Contractor. No representations oral or
written not incorporated herein shall be binding on the parties. No Change Order, Field Order, amendment or '
modification of this Contract shall be enforceable unless approved by official action as provided in this Contract.
Attached hereto and incorporated herein as part of this Contract are Addendums, Insurance, Statement of Non -
Discrimination, Non - Collusion Affidavit of Prime Bidder, Non - Collusion Affidavit of Sub- Contractor(s), Conflict
of Interest and Contractor Affidavit and Agreement, Bidder's Form/Acknowledgement of Addenda, Georgia
Security and Immigration Contractor Affidavit and Georgia Security and Immigration Subcontractor Affidavit.
ARTICLE COUNTERPARTS
This Contract may be executed in several counterparts, each of which shall be deemed an original, and all such
counterparts together shall constitute one and the same Contract.
ARTICLE CAPTIONS
The section captions contained in this Contract are for convenience only and do not in any way limit or amplify any
term or provision hereof. The use of the terms "hereof," "hereunder" and "herein" shall refer to this Contract as a
whole, inclusive of the Attachments, except when noted otherwise. The use of the masculine or neuter genders
herein shall include the masculine, feminine and neuter genders and the singular form shall include the plural when
the context so requires. -
ARTICLE FURTHER ACTS
City and Contractor each agrees to perform any additional acts and execute and deliver any additional documents as
may reasonably be necessary in order to carry out the provisions and effectuate the intent of this Contract.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their appropriate
officials, as r he date first written ab've.
,/ 40
Contract for Bid 14 -181 Fiber Optic & Security Camera Upgrade Project Page 15 of 18
Douglas Lively, Chairman
Augusta Aviation , mmission
ATTEST:
CONTRA TOR t s t. AUGUSTA- CHMOND COUNTY, GA
Air
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Contract for Bid 14 -181 Fiber Optic & Security Camera Upgrade Project Page 16 of 18
SECTION 2.0
GENERAL PROVISIONS, TECHNICAL SPECIFICATIONS AND APPENDICES
ATTACHMENT A
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Contract for Bid 14-181 Fiber Optic & Security Camera Upgrade Project Page 18 of 18