HomeMy WebLinkAboutCONTRACT BETWEEN AUGUSTA, GEORGIA AND HI-LITE AIRFIELD SERVICES, LLC FOR RUNWAY MARKINGS AND REHABILITATION CONTRACT
FOR
RFB# 17-208 RUNWAY MARKING AND REHABILITATION
BETWEEN
AUGUSTA-RICHMOND COUNTY
FOR THE
AUGUSTA REGIONAL AIRPORT
AND
HI-LITE AIRFIELD SERVICES, LLC
TABLE OF CONTENTS
Item Description Page
Article 1 Scope of Work 3
Article 2 Engineer 4
Article 3 Contract Sum and Payment 4
Article 4 Contract Time 6
Article 5 Federal Work Authorization 7
Article 6 Corporate Authority 7
Article 7 Contractor's Performance & Warranties 8
Article 8 Authorized Representatives 9
Article 9 Changes 9
Article 10 Temporary Suspension or Delay of Performance of Contract 10
Article 11 Representations & Warranties 10
Article 12 Assignment 10
Article 13 Notices 11
Article 14 Compliance with Applicable Laws and Regulations 12
Article 15 Right to Inspect Premises 12
Article 16 Royalties &Patents 12
Article 17 Prohibited Interests 13
Article 18 Insurance 13
Article 19 Indemnification & Hold Harmless 16
Article 20 Bonds 16
Article 21 Default and Termination 17
Article 22 Airport Security Requirements/Security
Identification Display Area(SIDA) Badges 18
Article 23 Hazardous Materials 19
Article 24 Miscellaneous Provisions 19
Article 25 Entire Agreement 22
EXHIBITS
Exhibit A Detailed Specifications and FAA Regulations
Exhibit B Bid Price Sheet
Exhibit C Required Submittals
Exhibit D Insurance and Bonding
Exhibit E (Plans/Map)
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This Contract for the provision of Runway Rubber Removal and Painting (hereinafter
designated as the "Contract")made and entered into as of this day of 2017,
by and between the City of Augusta(City) for the Aviation Commission for the Augusta Regional
Airport, (hereinafter designated as "Airport") and Hi-Lite Airfield Services, LLC (hereinafter
designated as"Contractor") a Texas Limited Liability Company, whose principal office is located
at 18249 H-Lite Drive, Adams Center, New York, 13606.
WITNESSETH:
WHEREAS,the City is the owner and operator of a full service commercial airport known
as the Augusta Regional Airport;
WHEREAS,the City issued a Request for Bids (RFB) for the removal of rubber from the
runways and painting at the Airport; and
WHEREAS, Contractor provided a bid in compliance with the City's Request for Bids
and federal regulations; and
WHEREAS, the Parties desire to enter into a contract for the provision of these services.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements herein contained, the Airport and Contractor hereby agree as follows:
ARTICLE 1
SCOPE OF WORK
1.1 The Airport is required to perform specialized Airport maintenance including the removal
of rubber deposits as required by Federal Aviation Administration (FAA) standards, to
remove the rubber deposits so that the runways may be un-obscured.
1.2 Contractor shall use very high pressurized hydro blasting equipment to remove the rubber
embedded into the concrete.
1.3 Contractor shall adhere to the FAA's specialized criteria for the painting of runway
pavements,to include runways and taxiways. These markings require specialized paint and
beads per FAA AC NO. 150/5370-10F. The taxiway shoulder painting to be marked out
and painted with the appropriate paint specifications.
1.4 Contractor shall rout and seal joints to minimize infiltration of water and debris in the
pavement joints. _
1.5 The Contractor hereby agrees to furnish all of the materials and all of the equipment and
labor necessary, and to perform all of the work shown on the plans described in the
specifications for the project entitled:
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RUNWAY 17/35 MARKING REHABILITATION
and in accordance with the requirements and provisions of the Contract Documents as
defined in the Provisions hereto attached which are hereby incorporated and made a part
of this Contract.
ARTICLE 2
ENGINEER
The Work has been designed by Mead & Hunt, Inc., whose corporate headquarters is located at
6501 Watts Road, Madison, WI 53719. The Airport's Director of Engineering, Adrienne Allen
Ayers is referred to as the Engineer herein, and who is to assume all duties and responsibilities and
have the rights and authority assigned to Engineer in the Contract Documents in connection with
completion of the Work in accordance with the Contract Documents.
ARTICLE 3
CONTRACT SUM AND PAYMENT
3.1. The Contract Sum.
The Owner shall pay to the Contractor for completion of the Work in strict accordance with
the Contract Documents, and in accordance with the unit bid prices submitted on July 6,
2017 with a contract amount of One Hundred Fifty-eight Thousand twenty-five dollars
($158,025.00).
3.2 Progress Payments.
Contractor shall submit Applications for Payment in accordance with Section 90 of the
General Provisions but in no case, shall submit Applications for Payment more than once
per month. Application for Payment will be processed by Engineer as provided in the
General Provisions.
Progress payments will be made in an amount equal to the percentage indicated below,but,
in each case, less the aggregate of payments previously made and less such amounts as
Engineer shall determine, or Owner may withhold, in accordance with Section 90 of the
General Provisions.
3.2.1 90% of Work completed as determined by Engineer.
3.2.2 90% of materials and equipment not incorporated in the Work (but delivered,
suitably stored and accompanied by documentation satisfactory to Owner as
provided in paragraph 90-07 of the General Provisions.
3.3 Within ten (10) days of receiving each Application for Payment, the Engineer shall either
indicate in writing a recommendation of payment and present the application to the Owner,
or return the Application to the Contractor indicating in writing necessary corrections. In
the latter case, the Contractor shall make the corrections and resubmit the application.
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3.4 Final Payment. Upon final completion and acceptance of the Work in accordance with
Section 50 of the General Provisions, Owner shall pay the remainder of the Contract Price
as recommended by Engineer as provided in said paragraph 90-09.
3.5 Before final payment is due the Contractor shall submit evidence satisfactory to the
Engineer that all payrolls, material bills, and other indebtedness connected with the work
have been paid, except that in case of disputed indebtedness or liens the Contractor may
submit in lieu of evidence of payment a surety bond satisfactory to the Owner guaranteeing
payment of all such disputed amounts when adjudicated in cases where such payment has
not already been guaranteed by surety bond.
3.6 The making and acceptance of the final payment shall constitute a waiver of all claims by
the Owner other than those arising from unsettled liens, from faulty work appearing within
12 months after final payment, from requirements of the specifications, or from
manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor
except those previously made and still unsettled.
3.7 If after the Work has been substantially completed, full completion thereof is materially
delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall
upon certificate of the Engineer, and without terminating the Contract, make payment of
the balance due for that portion of the Work fully completed and accepted. Such payment
shall be made under the terms and conditions governing final payment, except that it shall
not constitute a waiver of claims.
3.8 Contract Price. As full payment for the faithful performance of this Contract, the Airport
shall pay the Contractor the Contract Price, which is an amount not to exceed One Hundred
Fifty-eight Thousand twenty-five dollars ($158,025.00), 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 and
the Contractor in accordance with the terms of this Contract. Contractor's bid fours is
attached hereto as Exhibit B.
3.9 Invoices. Original invoice(s) shall be submitted as follows:
Risa Bingham
Augusta Regional Airport
1501 Aviation Way
Augusta, GA 30906
Ph: (706) 798-3236
FAX: (706) 798-1551
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ARTICLE 4
CONTRACT TIME
4.1 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
seven (7) 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
and the Contractor in accordance with the terms of this Contract.
4.2 Time of Completion -- Liquidated Damages
4.2.1 It is hereby understood and mutually agreed, by and between the Contractor and the
Owner,that the date of beginning, rate of progress and the time for completion of the work
to be done hereunder are ESSENTIAL CONDITIONS of this Contract. Contractor agrees
that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of
progress as will insure full completion thereof within the time specified. It is expressly
understood and agreed by and between the Contractor and the Owner, that the time for the
completion of the work described herein is a reasonable time for the completion of the
same, taking into consideration the average climatic range and construction conditions
prevailing in this locality.
4.2.2 It is further agreed that time is of the essence of each and every portion of this
Contract and the specifications wherein a definite portion and certain length of time is fixed
for the performance of any act whatsoever; and where under the Contract an additional
time is allowed for the completion of any work,the new time limit fixed by extension shall
be the essence of the Contract.
4.2.3 Liquidated Damages. The Contractor acknowledges that time is of the essence with
respect to the Work governed by the Contract. The Contractor acknowledges and
recognizes that if it fails to complete the Work within the Contract Time as may be
extended in accordance with the terms of this Contract, the Owner will sustain substantial
losses as a result of such failure. The Contractor further acknowledges that the County will
suffer damages that are difficult, if not impossible, to accurately estimate. The Contractor
shall be assessed liquidated damages in the amount of Five Hundred dollars ($500.00) for
each calendar day (with the exception of weekends and holidays) that completion of the
Work is delayed past the Contract time of seven (7) calendar days. The Contractor agrees
that the foregoing rate is a reasonable pre-estimate of the probable damages that the Owner
will suffer if completion is delayed,and said daily rate is intended to compensate the Owner
for its damages and is not intended to penalize the Contractor for its delay. The Owner may
deduct such liquidated damages from any unpaid amounts then or thereafter due the
Contractor under the Contract. Any liquidated damages not deducted from any unpaid
amounts due the Contractor are payable to the Owner at its demand, together with interest
from the date of the demand at a rate equal to seven percent (7%)per annum.
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ARTICLE 5
FEDERAL WORK AUTHORIZATION
5.1 Pursuant to O.C.G.A. §13-10-91 and Georgia Department of Labor Rule 300-10-1-.02, the
City cannot enter a contract for the physical performance of services unless the Contractor
and its Subcontractors register and participate in the Federal Work Authorization Program
to verify specific information on all new employees.
5.2 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.
5.3 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 Exhibit C.
5.4 Contractor agrees that in the event that it employs or contracts with any Subcontractor(s)
in connection with this Contract, Contractor will secure from each Subcontractor an
affidavit that indicates the employee-number category applicable to that Subcontractor and
certifies the Subcontractor's current and continuing compliance with O.C.G.A. §13-10-91
and Georgia Department of Labor Rule 300-10-1-.02. Any signed Subcontractor
affidavit(s) obtained in connection with this Contract and shall be attached hereto as
Exhibit C.
ARTICLE 6
CORPORATE AUTHORITY
Contractor has executed the Certificate of Corporate Authority attached hereto as Exhibit C. 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.
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ARTICLE 7
CONTRACTOR'S PERFORMANCE AND WARRANTIES
7.1 Contractor shall, at its own expense, furnish all necessary equipment, management,
supervision,labor,technical support and other accessories and services for the performance
of the services as described in these Contract Documents. Such services shall be performed
in strict accordance with the General Conditions, Special Conditions, and current versions
of FAA Advisory Circular 150/5370-10F.
7.2 All performance shall be subject to inspection and approval by the Aviation Director or his
designee as provided in said Performance Work Statement. If the Contractor's performance
is, or becomes unsatisfactory, as determined by the Aviation Director, an appropriate
reduction in payment due will be made from Contractor's invoice and Contractor will be
directed to correct the unsatisfactory performance. The correction of unsatisfactory
performance shall be at no additional cost to the Airport.
7.3 Contractor alone shall be responsible for the safety, efficiency, and adequacy of his plants,
appliances, and methods, and for any damage that may result from their failure or their
improper 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.
7.4 The Contractor shall guarantee all Work to have been accomplished in conformance with
the Contract. Neither the final certificate of payment nor any provision of the Contract,
nor partial or entire occupancy or use of the Work by the Airport, 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 Airport 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.
7.5 The Contractor warrants to the Airport 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 Airport, in its sole discretion, may exclude from
the Contractor's warranty, remedies for damage or defect, which the Airport 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.
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If required by the Airport, 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 Completion of the Work or such longer
period of time as is required by the Contract. If any defect or deviation should exist,
develop,be discovered or appear within such one year period,the Contractor, at it sole cost
and expense and immediately upon demand, shall fully and completely repair, correct,and
eliminate such defect. The foregoing warranties and guarantees are cumulative of and in
addition to, and not restrictive of or in lieu of, any and all other warranties and guarantees
provided for or required by law. No one or more of the warranties contained herein shall
be deemed to alter or limit any other.
7.6 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 Airport
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 Airport 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 Airport, and that upon Final Completion of the
Work, all such guarantees, warranties and agreements shall be in place and enforceable by
the Airport in accordance with their terms.
ARTICLE 8
AUTHORIZED REPRESENTATIVES
8.1 AIRPORT'S REPRESENTATIVE
AIRPORT'S REPRESENTATIVE: shall be Tim Weegar, Director Airport Operations
Department 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 TBD.
ARTICLE 9
CHANGES
The Airport 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 Airport unless signed by
the Aviation Commission.
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ARTICLE 10
TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT
To the extent that it does not alter the scope of this Contract, the Airport may unilaterally order a
temporary stopping of the work, or delaying of the work to be performed by Contractor under this
Contract.
ARTICLE 11
REPRESENTATIONS AND WARRANTIES
Contractor's Representations and Warranties Regarding Capacity to Contract and Perform
Work/Services. In order to induce the Airport to enter into this Contract, Contractor hereby
represents and warrants to the Airport as of the date above written that:
11.1. Contractor is duly organized and validly existing in good standing under the laws of the
state of Georgia 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
11.2 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
11.3 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;
11.4 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
11.5 Contractor has not been debarred by any city, state or federal agency.
ARTICLE 12
ASSIGNMENT
Without the prior written consent of Airport, 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.
12.1 Consent of Airport Required. Any assignment of this Contract or rights under this
Contract, in whole or part, without the prior written consent of Airport will be void, except
that, upon ten (10) calendar days' prior written notice to Airport, Contractor may assign
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monies due or to become due under this Contract. Any assignment of monies will be
subject to proper setoffs in favor of Airport and to any deductions provided for in this
Contract.
12.2 No Relief of Responsibilities. No assignment will be approved which would relieve
Contractor of its responsibilities under this Contract.
12.3 Parties Bound. This Contract will be binding upon and inure to the benefit of Airport and
Contractor and their respective successors and assigns.
ARTICLE 13
NOTICES
13.1 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".
13.2 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.
13.3 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.
13.4 Addresses.
To Airport: For all notices to Airport 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
535 Telfair St.
Building 3000
Augusta, GA 30901
Attn: General Counsel
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Phone: (706) 842-5550
Fax: (706) 842-5556
To CONTRACTOR:
For all notices to CONTRACTOR the address will be:
Hi-Lite Airfield Services, LLC
18249 Hi-Lite Drive
Adams Center,New York, 13606
Phone: (315) 583-6111
Fax: (315) 583-5807
ARTICLE 14
COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS
Contractor covenants and agrees that it, its agents and employees will comply with all Georgia,
City, state, and federal laws,rules,regulations, Airport Rules and Regulations and City ordinances
applicable to the work to be performed under this Contract, and that it shall obtain all necessary
permits, pay all license fees and taxes to comply therewith. Further, Contractor agrees that it, its
agents, and employees will abide by all rules, regulations, and policies of Airport during the term
of this Contract, including any renewal periods. In the event that any governmental authority
imposes new or materially increased taxes upon the Contractor's operations, the parties agree to
negotiate changes in billing reflecting such increased tax costs. All references to Federal codes,
provisions, regulations, and rules are incorporated by reference as if fully set forth herein.
ARTICLE 15
RIGHT TO INSPECT PREMISES
The Airport may, at reasonable times, inspect the part of the plant, place of business, or work site
of Contractor or any of its subcontractor or subunit thereof which is pertinent to the performance
of any Contract awarded or to be awarded.
ARTICLE 16
ROYALTIES AND PATENTS
The Contractor shall hold and save the Airport, City and its elected and appointed officials,
officers, agents, servants, and employees, harmless from liability of any nature or kind, including
cost and expenses for, or on account of, any patented or unpatented invention, process, article, or
appliance manufactured or used in the performance of the Contract, including its use by the
Airport, unless otherwise specifically stipulated in the Contract.
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ARTICLE 17
PROHIBITED INTERESTS
No official of the City who is authorized in such capacity and on behalf of the City to negotiate,
make, accept, or approve, or to take part in negotiating, making, accepting, or approving any
architectural,engineering, inspection,construction, or material supply contract, or any subcontract
in connection with the construction of the Project, shall become directly or indirectly interested
personally in this Contract or in any part hereof. No officer, employee, architect, attorney,
engineer, or inspector of or for the City who is authorized in such capacity and on behalf of the
City to exercise any legislative, executive, supervisory, or other similar functions in connection
with the construction of the Project, shall become directly or indirectly interested personally in this
Contract or in any part thereof, any material supply contract, subcontract, insurance contract, or
any other contract pertaining to the Project.
ARTICLE 18
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.
18.1 All liability policies of Contractor and its subcontractors shall provide coverage that
includes, or has the same substantive effect as the following:
18.2 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.
18.3 The Contractor's insurance policies as required by this Contract shall apply separately to
the City as if separate policies had been issued to Contractor and City. The Contractor's
Comprehensive General Liability policy shall protect the City,its officers,elected officials,
employees, agents and the Aviation Commission and its employees against any and all
liability created by reason of Contractor's conduct.
18.4 The Contractor's insurance shall not be subject to cancellation or material alteration until
at least thirty (30) days written notice has been provided to the City's Risk Manager.
(a) Contractor shall furnish to the Risk Manager Certificates of Insurance
evidencing that all of the herein stated requirements have been met. The
amount or amounts of all required policies shall not be deemed a limitation
of the Contractor's Contract to indemnify and hold harmless the City, its
officers, elected officials, employees, agents and the Aviation Commission
and its employees; and in the event Contractor or the City shall become
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liable in an amount in excess of the amount or amounts of such policies,
then the Contractor shall save the City, its officers, elected officials,
employees, agents and the Aviation Commission and its employees
harmless from the whole thereof, except in the event of the sole gross
negligence of the City.
18.5 The Contractor is required to maintain minimum insurance to protect the Contractor and
Augusta, GA from the normal insurable liabilities that may be incurred by Contractor. In
the event, such insurance as required shall lapse, the City and the Aviation Commission
reserve the right to obtain such insurance at the Contractor's sole expense.
18.6 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.
18.7 Contractor shall carry the following types and minimum amounts of insurance coverage
at the Airport:
(a) Worker's Compensation Insurance - With employer's liability coverage of
at least $1,000,000 each accident, $1,000,000 each employee and a
$1,000,000 disease policy limit. The foregoing insurance shall be endorsed
to state that that the workers' compensation carrier waives its right of
subrogation against the Augusta Richmond County Board of
Commissioners, their officers, agents, elected and appointed officials,
representatives, volunteers, and employees and the Aviation Commission.
(b) Comprehensive General Liability Insurance—In the amount of Five Million
($5,000,000) against claims for bodily injury, death or property damage
occurring on, in about the Contractor's premises and the Airport, in an
amount recommended by the Risk Manager and acceptable to the City. Said
coverage shall include products and completed operations. The foregoing
insurance shall be endorsed to state that it will be primary to the Aviation
Commission's insurance and that the carrier waives its right of subrogation
against Augusta-Richmond County, the Aviation Commission, and their
officers,agents,elected and appointed officials,representatives,volunteers,
and employees. Augusta-Richmond County Commission, the Aviation
Commission,and their officers,agents,elected and appointed officials shall
be added as additional insureds on said policies, including products and
completed operations. Said policy shall contain Severability of Interest
Clause and shall include Contractual Liability coverage at least as broad as
that given in the most current CG 00 01 ISO form.
(c) Automobile Insurance. For any vehicles authorized in writing by the
Executive Director to operate on the Aircraft Operating Area (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
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Comprehensive General Liability coverage includes vehicular operations
on the Airport, separate automobile insurance shall not be required. The
foregoing insurance shall be endorsed to state that it will be primary to the
Aviation Commission's insurance and that the carrier waives its right of
subrogation against Augusta-Richmond County,the Aviation Commission,
and their officers, agents, elected and appointed officials, representatives,
volunteers, and employees. Augusta-Richmond County Commission, the
Aviation Commission, and their officers, agents, elected and appointed
officials shall be added as additional insureds on said policies. Said policy
shall contain Severability of Interest Clause and shall include contractual
liability coverage at least as broad as that given in the most current CA 00
01 ISO form.
(d) All such evidence of insurance shall be in the form of certificates of
insurance satisfactory to the City and its Risk Manager, accompanied by a
certified true copy of an endorsement to each policy containing the above
language. The insurance coverage and limits required shall be evidenced by
properly executed certificates of insurance. These certificates shall be
signed by the authorized representative of the insurance company shown on
the certificate. The required policies of insurance shall be in compliance
with the laws of the State of Georgia.
18.8 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.
18.9 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.
18.10 The Contractor and the City understand and agree that the minimum limits of the insurance
herein required may, from time to time, become inadequate, and Contractor agrees that it
will increase such minimum limits upon receipt of written notice defining the basis of the
increase. The Contractor shall furnish the City, within sixty (60) days of the effective date
thereof, a certificate of insurance evidencing that such insurance is in force.
18.11 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.
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18.12 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.
18.13 An insurance binder letter or a Certificate of Insurance must be sent to:
City of Augusta
Risk Manager
530 Greene Street
Room 217
Augusta, Ga. 30901
(706) 821-2502 (Fax)
ARTICLE 19
INDEMNIFICATION AND HOLD HARMLESS
Contractor shall indemnify and hold harmless the Augusta Aviation Commission, Augusta-
Richmond County Board of Commissioners and their members, officers, elected officials, agents,
servants, employees and successors in office, as set forth in the Augusta-Richmond County Code,
and particularly Article 1, Chapter 3, Division 1, Section 1-3-8.5, Indemnity and Insurance, as the
same may be amended from time to time, and described herein, from any and all claims including
reasonable attorney's fees and expenses of litigation incurred by the Augusta-Richmond County
Board of Commissioners and the Augusta Aviation Commission, in connection therewith related
to or arising out of any damage or injury to property or persons, occurring or allegedly occurring
in, on or about Airport property which are in any way related to or arising out of any failure of
Contractor to perform its obligations hereunder. Contractor further agrees that the foregoing
contract to indemnify and hold harmless applies to any claims for damage or injury to any
individuals employed or retained by Contractor in connection with any changes, additions,
alterations, modifications and/or improvements made to the premises, and hereby releases the
Augusta-Richmond County Board of Commissioners and the Augusta Aviation Commission,from
liability in connection with any such claims. In the event of a conflict between the provisions of
the Augusta-Richmond County Code and this Contract, the broader requirement shall govern.
ARTICLE 20
BONDS
20.1 The Contractor shall provide payment and performance bonds. The amount of the
premiums for such bonds shall be included in the Price. The bonds shall each be in an
amount not less than 100% of the preconstruction cost at the time of the execution of this
Contract. Each bond shall:
(a) Be in a form approved by the City;
(b) Incorporate by reference the terms of this Contract for Southeast
Development Area Access Project;
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(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.
20.2 The Contractor shall deliver any required bonds and powers of attorney to the City prior to
commencement of the Work.
20.3 The bonding company that issues the bonds must be registered with The Surety Association
of America (SAA).
20.4 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.
20.5 No surety will be accepted who is now in default or delinquent on any bonds or who is
interested in any litigation against City.
20.6 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 21
DEFAULT AND TERMINATION
Termination by Airport. This Contract shall be subject to termination by the Airport at any time
in the opinion of the Airport the Contractor fails to carry out the Contract provisions of any one or
more of the following events:
21.1 The default by Contractor in the performance of any of the terms, covenants or conditions
of the Contract, and/or the failure of Consultant to remedy, or undertake to remedy with
sufficient forces and to the Airport's reasonable satisfaction. The Airport shall provide the
Contractor with notice of any conditions which violate or endanger the performance of the
Contract. If after such notice the Contractor fails to remedy such conditions within five (5)
days to the satisfaction of the Airport, the Airport may exercise its option in writing to
terminate the Contract without further notice to the Contractor and order the Contractor to
stop providing services immediately and vacate the premises; and to cancel ordered
products with no expense to the Airport.
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21.2 Contractor files a voluntary petition in bankruptcy, including a reorganization plan, makes
a general or other assignment for the benefit of creditors, is adjudicated as bankrupt or if a
receiver is appointed for the benefit of creditors, is adjudicated as bankrupt or if a receiver
is appointed for the property or affairs of Contractor and such receivership is not vacated
within thirty (30) days after the appointment of such receiver.
21.3 Contractor's failure to provide services according to the specifications contained herein.
21.4 Contractor's failure to keep, perform, or observe any other term or condition of this
Contract.
21.5 Contractor's performance of the Contract is unreasonably delayed.
21.6 The Airport reserves the right to terminate this Contract if the services provided under this
Contract do not meet or exceed existing industry standards. The Airport reserves the right
to make the final determination as to the quality of services.
ARTICLE 22
AIRPORT SECURITY REQUIREMENTS/ SECURITY
IDENTIFICATION DISPLAY AREA (SIDA) BADGES
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.
22.1 To qualify for the badge, individual must be fingerprinted and have a background
investigation completed. In addition, the Airport will conduct a background inquiry and
require finger printing of all individuals who will be working on the secured side of the
Airport screening point. This may also include collection of appropriate criminal history
information, contractual and business associations and practices, employment histories,
reputation in the business community and credit reports for the Contractor, as well as, its
employees.
22.2 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.
22.3 Contractor shall pay all costs associated with providing SIDA badges.
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ARTICLE 23
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 24
MISCELLANEOUS PROVISIONS
24.1 NO PARTNERSHIP OR JOINT VENTURE; INDEPENDENT CONTRACTOR.
Nothing contained in this Contract will be deemed to create a partnership or joint venture
between City and Contractor or cause City to be responsible for the debts or obligations of
Contractor or any other party. Contractor must not represent to anyone that its relationship
to City is other than as City's Contractor. Contractor must act as an independent agent and
not as the agent of City in performing this Contract, maintaining complete control over its
employees and all of its lower-tier suppliers and subcontractors. Nothing contained in this
Contract or any lower tier purchase order or subcontract awarded by Contractor will create
any contractual relationship between any lower-tier supplier or subcontractor and City. No
act or direction of the City shall be deemed to be the exercise of supervision or control of
the Contractor's performance hereunder.
Contractor is acting, in performance of this Contract, as an independent Contractor.
Personnel supplied by the Contractor or its agents or subcontractors hereunder are not the
City's or the Airport's employees or agents and Contractor assumes full responsibility for
their acts. Contractor shall be solely responsible for the payment of compensation to
Contractor's employees. The City shall not be responsible for payment of Worker's
Compensation, disability benefits, and unemployment insurance or for withholding and
paying employment taxes for any Contractor employee, or Contractor's subcontractors or
agent's employees, but such responsibility shall be solely that of Contractor. This clause
of the contract does not prevent Airport from requiring Contractor to have its employees
follow normal rules and guidelines for work performance, redirecting the efforts of the
RFB# 17-208 RUNWAY 17/35 Page 19 of 113
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.
24.2 PATENT INDEMNITY. Except as otherwise provided, the Contractor agrees to
indemnify the City and its Board of Commissioners,officers,agents and employees against
liability, including costs and expenses for infringement upon any letters or patent of the
United States arising out of the performance of this Contract or out of the use or disposal
by or for the account of the City of supplies furnished or construction work performed
hereunder.
24.3 COMMERCIAL ACTIVITY: 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.
24.4 CONTINGENT FEES. Contractor warrants that it has not employed or retained any
company or person, other than a bona fide employee working for Contractor, to solicit or
secure this Contract; and that Contractor has not paid or agreed to pay any company,
association, corporation, firm or person, other than a bona fide employee working for
Contractor, any fee, commission, percentage, gift or any other consideration contingent
upon or resulting from the award or making of this Contract. For the breach or violation
of this warranty and upon a finding after notice and hearing, City may terminate the
Contract and, at its discretion, may deduct from the Contract Sum, or otherwise recover
the full amount of any such fee, commission, percentage, gift or consideration.
24.5 WAIVER. The failure of Airport 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 Airport. The provision in this Contract of any
particular remedy will not preclude Airport from any other remedy.
24.6 FORCE MAJEURE. 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. Each party hereto shall give notice promptly to the other of the nature and
extent of any Force Majeure claimed to delay, hinder or prevent performance of the
services under this Contract. In the event either party is prevented or delayed in the
performance of this obligation by reason of such Force Majeure,there shall be an equitable
adjustment of the schedule. 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;
RFB# 17-208 RUNWAY 17/35 Page 20 of 113
(e) Fire;
(f) Explosion;
(g) Flood;
(h) Strike or other labor dispute;
(i) Any shortage or disruption of or inability to obtain labor, material,
manufacturing facilities, power, fuel or transportation from unusual
sources, or any other transportation facility;
(j) Delay or failure to act of any governmental or military authority;
(k) Any war, hostility or invasion;
(1) Any embargo, sabotage, civil disturbance, riot or insurrection;
(m) Any legal proceedings; or
(n) Failure to act by Contractor's suppliers due to any cause which Contractor
is not responsible, in whole or in part.
24. 7 PERMITS. Contractor shall obtain and maintain at all times all necessary licenses,
permits and certifications to perform the work described in the Contract. Contractor shall
furnish copies of all licenses, permits, and certifications to the Airport.
24.8 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.
24.9 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.
24.10 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
Exhibits, 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.
24.11 ARTICLE FURTHER ACTS. Airport and Contractor each agrees to perform any
additional acts, execute, and deliver any additional documents as may reasonably be
necessary in order to carry out the provisions and effectuate the intent of this Contract.
24.12 USE OF AUGUSTA, GEORGIA LANDFILL. All contracts for contractors performing
demolition and/or construction projects for Augusta, Georgia shall contain a provision
requiring that all debris, trash and rubble from the project be transported to and disposed
of at the Augusta, Georgia Solid Waste Landfill in accordance with local and state
regulations. The contractor shall provide evidence of proper disposal through manifests,
which shall include the types of material disposed of,the name and location of the disposal
facility, date of disposal and all related fees.
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24.13 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.
24.14 CONFLICT IN DOCUMENTS AND PRESENT DOCUMENTS. The Contractor shall
in no case claim a waiver of any specification requirements on the basis of previous
approval of material or workmanship on other jobs of like nature or on the basis of what
might be considered "standard" for material or workmanship in any particular location.
The Contract for this Project shall govern the Work. If any portion of the Contract shall
be in conflict with any other portion, the various documents comprising the Contract shall
govern in the following order of precedence: Contract, Change Orders or modifications
issued after execution of the Contract; the General Requirements of the Contract; the
Specifications;the Drawings;as between schedules and information given on the drawings,
the schedules shall govern; as between figures given on Drawings and the scaled
measurements, the figures shall govern; as between large-scale Drawings and small-scale
Drawings, the larger scale shall govern; and detailed drawings shall govern over general
drawings; the Bid Document Package.
24.15 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 Airport fix jurisdiction and venue for any action brought
with respect to this Contract in Augusta-Richmond City, Georgia. Contractor specifically
consents to venue in Richmond County and waives any right to contest the venue in the
Superior Court of Richmond County, Georgia or the Southern District Court of Georgia.
Should any provision of this Contract require judicial interpretation, it is agreed that the
court interpreting or construing the same shall not apply a presumption that the terms
hereof shall be more strictly construed against one party by reason of the rule of
construction that a document is to be construed more strictly against the party who itself or
through its agent prepared same, it being agreed that the agents of all parties have
participated in the preparation hereof and all parties have had an adequate opportunity to
consult with legal counsel.
ARTICLE 25
ENTIRE AGREEMENT
This Contract constitutes the sole Contract between the Airport 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,
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Georgia Security and Immigration Contractor Affidavit, Georgia Security and Immigration
Subcontractor Affidavit, Buy America Certification, and Certification Of Non-segregated
Facilities.
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RFB# 17-208 RUNWAY 17/35 Page 23 of 113
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed by their
appropriate officials, as of the date first written above.
r 7 r,.-
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Georgia R. Sas , Chairman
Augusta Regional Airport Aviation Commission
ATTEST; Apr / - 4
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CONTRACTOR
HI-LITE AIRFIELD SERVICES,LLC
_, 1"'l if - ... ..
Chief r inanci.'Officer
heodore Mi,iewicz
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111
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AUGUSTA-RICHMONDjor EORGIA
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A By: Hardie Davis, Jr. Date
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