HomeMy WebLinkAboutCONTRACTOR SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA AND GEORGIA-CAROLINA PAVING COMPANY FOR ON-CALL ASPHALT AND CONCRETE CURB, GUTTER AND SIDEWALK REPAIR �ucusr�
STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROTECTS
CONTRACTOR SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
GEORGIA-CAROLINA PAVING COMPANY
CONTRACTOR: Georgia-Carolina Paving Company
PROJECT: On-Call Asphalt and Concrete Curb,Gutter,and Sidewalk Repair
DATE EXECUTED:
DATE COMPLETED:
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Revision date: September 28,2000
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
SANITARY SEWER CONNECTION PROGRAM
SERVICES
Augusta,Georgia
The Honorable Hardie Davis,Jr.,Mayor
Commissioners:
William Fennoy
Dennis Williams
Sammie Sias
Ben Hasan
Bill Lockett
Sean Franton
Mary Davis
Wayne Guilfoyle
Marion Williams
Grady Smith
Tom D. Wiedmeier
Director,Augusta Utilities Department
Augusta Utilities Department
360 Bay Street,Suite 180
Augusta,GA 30901
DATE
2 OF 26 Revision Date: September 29,2000
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STATE OF GEORGIA
RICHMOND COUNTY
MAJOR PROJECTS
CONTRACTOR SERVICES AGREEMENT
BETWEEN
AUGUSTA, GEORGIA
(CITY)
AND
GEORGIA-CAROLINA PAVING COMPANY
This Agreement is made and entered into this //M day of 4rd ,2016
by and between AUGUSTA,Georgia,a political subdivision of the State of Georgia,hereinafter
called the"CITY"and GEORGIA-CAROLINA PAVING COMPANY a Corporation authorized to
do business in Georgia,hereinafter called the "CONTRACTOR."
WHEREAS,the CITY desires to engage a qualified and experienced consulting firm to furnish
professional services for:
On-Call Asphalt and Concrete Curb,Gutter,and Sidewalk Repair and,
WHEREAS,the CONTRACTOR has represented to the CITY that it is experienced and qualified to
provide the services contained herein and the CITY has relied upon such representation.
NOW,THEREFORE,in consideration of the mutual promises and covenant herein contained,it is
agreed by and between the CITY and the CONTRACTOR that:
The CONTRACTOR scope of work will consist of evaluating and repairing hydrants and valves as
assigned by AUD team. The scope will also include allowing AUD staff to shadow CONTRACTOR
so as to establish a policy and procedure for this program for future in-house use.
The scope of services is more precisely defined in Attachment A Scope of Services.
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GENERAL PROVISIONS
CONTRACTOR has agreed, in this Agreement with CITY to provide the on-call services of
providing asphalt and concrete for the various projects in accordance with the requirements as
outlined in and attached as Attachment A - Scope of Services and other relevant data defining the
Project.
CONTRACTOR COORDINATION
The CONTRACTOR shall cooperate fully with all municipalities, local government officials, utility
companies, and other CONTRACTORs as directed by the CITY. CITY, CONTRACTOR and all
relevant parties agree to work together on the basis of trust, good faith and fair dealing, and shall
take actions reasonably necessary to enable each other to perform this Agreement in a timely,
efficient and economical manner. All parties agree to cooperate in a manner consistent with good
design practice and will exercise the degree of skill and diligence normally employed by
professional engineers or CONTRACTORs practicing under similar conditions. CONTRACTOR
will re-perform any services not meeting this standard without additional compensation.
AMENDMENTS TO AGREEMENT
Every amendment to the Scope of Services shall become and is hereby made a part of this
Agreement. Amendments must be fully executed by both the CONTRACTOR and CITY to be
valid.
REDUCTION IN REQUIRED SERVICES
If reductions in the required services are ordered by CITY, the credits shall be the amounts for such
services as described in subsequently executed Amendments to this Agreement, and no claim for
damages for anticipated profits shall accrue to the CONTRACTOR.
DATE CHANGES
If in this Agreement specific periods of time for rendering services are set forth or specific dates by
which services are to be completed are provided and if such periods of time or dates are changed
through no fault of CONTRACTOR, the rates and amounts of compensation provided for herein
shall be subject to equitable adjustment.
AGREEMENT MODIFICATIONS
This Agreement shall not be modified except by a duly executed Amendment hereto in writing
under the hands and seals of both parties hereto.
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TIME OF COMPLETION
The time of completion shall be as described in the schedule attached hereto as Attachment D -
Schedule.
This Agreement shall terminate immediately and absolutely at such time as appropriated and
otherwise obligated funds are no longer available to satisfy the obligations of the CONTRACTOR
on behalf of the CITY under this Agreement. However, CONTRACTOR will be compensated for
all work prior to termination of contract even if the CITY has obligated the funds to other projects.
PROJECT PROGRESS
CONTRACTOR'S services and compensation under this Agreement have been agreed to in
anticipation of the orderly and continuous progress of the Project through completion.
BINDINGS
It is further agreed that the CITY and CONTRACTOR each binds itself and themselves, its or their
successors, executors, administrators and assigns to the other party to this Agreement and to its or
their successors, executors and assigns in respect to all covenants of this Agreement. Except as
above, neither CITY nor the CONTRACTOR shall assign, sublet or transfer its or their interest in
this Agreement without prior written consent of the other party hereto.
EXTENT OF THE AGREEMENT
This Agreement represents the entire agreement between CITY and CONTRACTOR and
supersedes all prior negotiations,representations and agreements,either written or oral.
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DEFINITIONS
Wherever used in this Agreement,whether in the singular or in the plural,the following terms shall
have the following meanings:
Agreement Execution - means the date on which CONTRACTOR executes and enters into an
Agreement with CITY to perform the Work.
Agreement Price - means the total monies, adjusted in accordance with any provision herein,
payable to the CONTRACTOR under this Agreement.
CITY-means a legal entity AUGUSTA,Georgia,a political subdivision of the State of Georgia.
CONTRACTOR - means the party or parties contracting directly with the CITY to perform Work
pursuant to this Agreement.
Contract - means the Agreement Documents specifically identified and incorporated herein by
reference.
Contract Time-means the period of time stated in this Agreement for the completion of the Work.
Subcontractor-means any person, firm, partnership,joint venture,company, corporation, or entity
having a contractual agreement with CONTRACTOR or with any of its subcontractors at any tier to
provide a part of the Work called for by this Agreement.
Supplemental Agreement -means a written order to CONTRACTOR signed by CITY and accepted
by CONTRACTOR, effecting an addition, deletion or revision in the Work, or an adjustment in the
Agreement Price or the Contract Time,issued after execution of this Agreement.
Task Order - means a written order specifying a Scope of Services, time of completion and
compensation limit for services being provided by CONTRACTOR. Task Orders shall be
incorporated by reference as part of the Supplemental Conditions of this Agreement.
Work- means any and all obligations, duties and responsibilities, including furnishing equipment,
engineering, design, workmanship, labor and any other services or things necessary to the
successful completion of the Project, assigned to or undertaken by CONTRACTOR under this
Agreement.
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CONTRACT DOCUMENTS
List of Documents
The Agreement, the General Conditions, the Attachments, and any Supplemental Agreements,
including Task Orders shall constitute the Agreement Documents (the"Agreement").
Conflict and Precedence
The Agreement Documents are complementary, and what is called for by one is as binding as if
called for by all. In the event there are any conflicting provisions or requirements in the component
parts of this Agreement, the several Agreement Documents shall take precedence in the following
order:
1. Agreement-Including Attachments
2. General Conditions
3. Supplemental Conditions-Including Task Orders
4. Bid Package Documents
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GENERAL CONDITIONS
1. COMMENCEMENT OF WORK
The performance of services as defined in the Prime Agreement between CONTRACTOR and the
CITY, and herein described in this Agreement as Attachment A shall be commenced upon receipt
by the CONTRACTOR of a written Notice To Proceed. The effective date of services shall be
defined in the Notice To Proceed.
2. PROFESSIONAL STANDARDS
The standard of care for all services performed or furnished by CONTRACTOR under this
Agreement will be the level of care and that is ordinarily used by members of CONTRACTOR'S
profession practicing under similar conditions.
3. CHANGES AND EXTRA WORK
The CITY may, at any time, request changes in the work to be performed hereunder. All such
changes, including any increase or decrease in the amount of the CONTRACTOR's compensation,
which are mutually agreed upon by and between the CITY and the CONTRACTOR, shall be
incorporated in written Supplemental Agreements to the Agreement.
Changes that involve an increase in the compensation shall be considered major, and require the
approval of the CITY.
4. PERSONNEL
The CONTRACTOR represents that it has secured or will secure, at its own expense, all personnel
necessary to complete this Agreement; none of whom shall be employees of, or have any
contractual relationship with, the CITY. All of the services required hereunder will be performed
by the CONTRACTOR under its supervision, and all personnel engaged in the work shall be
qualified and shall be authorized or permitted under law to perform such services.
All key professional personnel, including subcontractors, engaged in performing services for the
CONTRACTOR under this agreement are indicated in a personnel listing attached hereto as
Attachment C - Listing of Key Personnel and incorporate herein by reference. No changes or
substitution shall be permitted in the CONTRACTOR's Key Personnel without the prior written
approval of the CITY or his designee.
The CONTRACTOR shall employ only persons duly registered in the appropriate category in
responsible charge of supervision and design of the work. The CONTRACTOR shall endorse all
reports, contract plans, and survey data. Such endorsements shall be made by a person duly
registered in the appropriate category by the Georgia State Board of Registration for Professional
Engineers and Land Surveyors,being in the full employ of the CONTRACTOR and responsible for
the work prescribed by this Agreement.
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5. ACCURACY OF WORK
The CONTRACTOR shall be responsible for the accuracy of the work and shall promptly correct
errors and omissions in its plans and specifications without additional compensation. The
CONTRACTOR shall give immediate attention to these changes so there will be a minimum of
delay to others.
Acceptance of the work by the CITY will not relieve the CONTRACTOR of the responsibility for
subsequent correction of any errors and the clarification of any ambiguities.
6. CONFIDENTIALITY
The CONTRACTOR agrees that its conclusions and any reports are for the confidential use and
information of the CITY and that it will not disclose its conclusions in whole or in part to any
persons whatsoever, other than to submit its written documentation to the CITY, and will only
discuss the same with it or its authorized representatives. Upon completion of this Agreement
term, all documents, drawings, reports, maps, data and studies prepared by the CONTRACTOR
pursuant thereto shall become the property of the CITY and be delivered thereto.
Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or
results and findings of the work conducted under this Agreement shall not be presented publicly or
published without prior approval in writing of the CITY.
It is further agreed that if any information concerning the PROJECT, should be released by the
CONTRACTOR without prior approval from the CITY, the release of same shall constitute grounds
for termination of this Agreement without indemnity to the CONTRACTOR, but should any such
information be released by the CITY or by the CONTRACTOR with such prior approval, the same
shall be regarded as public information and no longer subject to the restrictions of this Agreement.
7. OPEN RECORDS
CONTRACTOR acknowledge that all records relating to this Agreement and the services to be
provided under the contract may be a public record subject to Georgia's Open Records Act
(O.C.G.A. § 50-18-70, et seq.). CONTRACTOR shall cooperate fully in responding to such request
and making all records,not exempt,available for inspection and copying as provided by law.
8. JURISDICTION
The law of the State of Georgia shall govern the CONTRACT between CITY and CONTRACTOR
with regard to its interpretation and performance,and any other claims related to this agreement.
All claims, disputes and other matters in question between CITY and CONTRACTOR arising out of
or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of
Richmond County, Georgia. The CONTRACTOR, by executing this Agreement, specifically
consents to jurisdiction and venue in Richmond County and waives any right to contest the
jurisdiction and venue in the Superior Court of Richmond County,Georgia.
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9. TERMINATION OF AGREEMENT FOR CAUSE
If through any cause, the CONTRACTOR shall fail to fulfill in a timely and proper manner its
obligations under this Agreement, or if the CONTRACTOR shall violate any of the covenants,
agreements or stipulations of this Agreement, CONTRACTOR will be given the opportunity to
commence correction of obligation within 5 days of written notice and diligently complete the
correction thereafter. Failure to maintain the scheduled level of effort as proposed and prescribed,
or deviation from the aforesaid schedule without prior approval of the CITY, shall constitute cause
for termination. The CITY shall thereupon have the right to terminate this Agreement by giving
written notice to the CONTRACTOR of such termination, and specifying the effective date thereof,
at least five (5) days before the effective date of such termination. In such event, all finished or
unfinished documents, maps, data, studies, work papers and reports prepared by the
CONTRACTOR under this Agreement shall become the property of the CITY, and the
CONTRACTOR shall be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents,as mutually agreed by the CITY and CONTRACTOR.
9.1 SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE
CONTRACTOR is not responsible for delay in performance caused by hurricanes,
tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the
contract price and schedule shall be equitably adjusted.
10. TERMINATION FOR CONVENIENCE OF THE CITY
The CITY may terminate this contract in part or in whole upon written notice to the
CONTRACTOR. The CONTRACTOR shall be paid for any validated services under this Contract
up to the time of termination.
CITY may, at any time and without cause, suspend the Work or any portion thereof for a period of
not more than ninety days by notice in writing to CONTRACTOR which will fix the date on which
Work will be resumed.
11. COORDINATION AND COOPERATION WITH OTHER UTILITIES AND
CONTRACTORS
CONTRACTOR shall thoroughly research all utility records to identify the existing facilities on the
submitted roadway plans for avoidance, or resolution, of conflicts with the proposed Scope of
Services.
If the CITY undertakes or awards other contracts for additional related work, the CONTRACTOR
shall fully cooperate with such other CONTRACTORs and the CITY employees or appointed
committee(s), and carefully fit its own work to such additional work as may be directed by the
CITY. The CONTRACTOR shall not commit or permit any act which will interfere with the
performance of work by any other CONTRACTOR or by CITY employees.
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12. COVENANT AGAINST CONTINGENT FEES
The CONTRACTOR warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by CONTRACTOR for the purpose of securing business
and that the CONTRACTOR has not received any non-CITY fee related to this Agreement without
the prior written consent of the CITY. For breach or violation of this warranty, the CITY shall have
the right to annul this Agreement without liability or at its discretion to deduct from the Agreement
Price of consideration the full amount of such commission,percentage,brokerage or contingent fee.
13. RESPONSIBILITY FOR CLAIMS AND LIABILITY
The CONTRACTOR shall be responsible for any and all damages to properties or persons caused
by its employees, subcontractors, or agents, and shall hold harmless the CITY, its officers, agents
and employees from all suits, claims, actions or damages of any nature whatsoever to the extent
found to be resulting from the CONTRACTOR, its subcontracts, or agent in the negligent
performance or non-performance of work under this Agreement. These indemnities shall not be
limited by reason of the listing of any insurance coverage.
Indemnification:
To the fullest extent permitted by Laws and Regulations,CONTRACTOR shall indemnify and hold
harmless CITY, and their consultants, agents and employees from and against all claims, damages,
losses and expenses, direct, indirect or consequential (including but not limited to fees and charges
of PROGRAM MANAGER, architects, attorneys and court and arbitration costs) arising out of or
resulting from the performance of the Work,provided that any such claim,damage,loss or expense
(a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of
tangible property (other than the Work itself) including the loss of use resulting therefrom and (b)
is caused in whole or in part by any negligent act or omission of CONTRACTOR , any
Subcontractor, any person or organization directly or indirectly employed by any of them to
perform or furnish any of the Work or anyone for whose acts any of them may be liable,regardless
of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed
by Law and Regulations regardless of the negligence of any such party.
In any and all claims against CITY or any of their consultants, agents or employees by any
employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly
employed by any of them to perform or furnish any of the Work or anyone for whose acts any of
them may be liable, the indemnification obligation under this paragraph shall not be limited in any
way by any limitation on the amount or type of damages, compensation or benefits payable by or
for CONTRACTOR or any such Subcontractor or other person or organization under workers' or
workmen's compensation acts, disability benefit acts or other employee benefit acts.
The obligations of CONTRACTOR under this paragraph shall not extend to the liability of CITY's
consultants, agents or employees arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, Change Orders, designs or specifications. CONTRACTOR , in order to
determine the requirements of the Project,shall review the information in Attachment A-Scope of
Services. CONTRACTOR shall review its understanding of the Project requirements with CITY
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and shall advise CITY of additional data or services which are not a part of CONTRACTOR's
services,if any,necessary for design to begin.
14. INSURANCE
The CONTRACTOR shall, at all times that this Agreement is in effect, cause to be maintained in
force and effect an insurance policy(s) that will ensure and indemnify both the CITY against
liability or financial loss resulting from injuries occurring to persons or property or occurring as a
result of any negligent error, act, or omission of the CONTRACTOR in performance of the work
during the term of this Agreement.
The CONTRACTOR shall provide, at all times that this agreement is in effect, Worker's
Compensation insurance in accordance with the laws of the State of Georgia.
The CONTRACTOR shall provide,at all times that this Agreement is in effect,Insurance with limits
of not less than:
A. Workmen's Compensation Insurance-in accordance with the laws of the State of Georgia.
B. Public Liability Insurance - in an amount of not less that One Million ($1,000,000) Dollars for
injuries,including those resulting in death to any one person, and in an amount of not less than
One Million($1,000,000) Dollars on account of any one occurrence.
C. Property Damage Insurance - in an amount of not less than One Million ($1,000,000) Dollars
from damages on account of an occurrence, with an aggregate limit of One Million ($1,000,000)
Dollars.
D. Valuable Papers Insurance - in an amount sufficient to assure the restoration of any plans,
drawings,field notes,or other similar data relating to the work covered by the Project.
E. Professional Liability Insurance- in an amount of not less than One Million ($1,000,000) Dollars
or an amount that correlates to the aggregate fee on the project should it exceed$1,000,000.
CITY will be named as an additional insured with respect to CONTRACTOR's liabilities hereunder
in insurance coverage's identified in items (b) and (c).
The policies shall be written by a responsible company(s), to be approved by the CITY, and shall be
noncancellable except on thirty-(30) days' written notice to the CITY. Such policies shall name the
CITY as co-insured,except for worker's compensation and professional liability policies,and a copy
of such policy or a certificate of insurance shall be filed with the Director at the time of the
execution of this Agreement.
15. PROHIBITED INTERESTS
15.1 Conflict of Interest: The CONTRACTOR agrees that it presently has no interest and shall
acquire no interest, direct or indirect, that would conflict in any manner or degree with the
performance of its services hereunder. The CONTRACTOR further agrees that, in the
performance of the Agreement,no person having such interest shall be employed.
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15.2 Interest of Public Officials: No member, officer, or employee of the CITY during his tenure
or for one year thereafter, shall have any interest, direct or indirect,in this Agreement or the
proceeds thereof.
15.3 Employment of CITY's Personnel: The CONTRACTOR shall not employ any person or
persons in the employ of the CITY for any work required by the terms of the Agreement,
without the written permission of the CITY except as may otherwise be provided for herein.
16. SUBCONTRACTING
The CONTRACTOR shall not subcontract any part of the work covered by this Agreement or
permit subcontracted work to be further subcontracted without the CITY's prior written approval
of the subcontractor.
All subcontracts in the amount of $5,000 or more shall include, where possible, the provisions set
forth in this Agreement.
17. ASSIGNABILITY
The CONTRACTOR shall not assign or transfer whether by an assignment or novation, any of its
rights, obligations, benefits, liabilities or other interest under this Agreement without the written
consent of the CITY.
18. EQUAL EMPLOYMENT OPPORTUNITY
During the performance of this Agreement, the CONTRACTOR agrees as follows: (1) the
CONTRACTOR will not discriminate against any employee or applicant for employment because
of race, creed, color, sex or national origin; (2) the CONTRACTOR will, in all solicitations or
advertisements for employees placed by qualified applicants,receive consideration for employment
without regard to race, creed, color, sex or national origin; (3) the CONTRACTOR will cause the
foregoing provisions to be inserted in all subcontracts for any work covered by the Agreement so
that such provision will be binding upon each subcontractor, provided that the foregoing provision
shall not apply to contracts or subcontracts for standard commercial supplies of raw materials.
19. DRUG FREE WORK PLACE
CONTRACTOR shall be responsible for insuring that its employees shall not be involved in any
manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a
controlled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY
owned or leased property,vehicles, and project or client site. Any violation of the prohibitions may
result in discipline and/or immediate discharge.
CONTRACTOR shall notify the appropriate federal agencies of an employee who has a criminal
drug statute conviction for workplace violation.
CONTRACTOR may require drug or alcohol testing of employees when contractually or legally
obligated,or when good business practices would dictate
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20. ANTI-KICKBACK CLAUSE
Salaries of architects, drafters, engineer's, and technicians performing work under this Agreement
shall be paid unconditionally and not less often than once a month without deduction or rebate on
any account except only such payroll deductions as are mandatory by law. The CONTRACTOR
hereby promises to comply with all applicable "Anti-kickback" laws, and shall insert appropriate
provisions in all subcontracts covering work under this Agreement.
21. AUDITS AND INSPECTORS
At any time during normal business hours and as often as the CITY may deem necessary, the
CONTRACTOR shall make available to the CITY and/or audit representatives of the CITY for
examination all of its records with respect to all matters covered by this Agreement. It shall also
permit the CITY and/or representatives of the audit, examine and make copies, excerpts or
transcripts from such records of personnel, conditions of employment and other data relating to all
matters covered by this Agreement.
The CONTRACTOR shall maintain all books, documents, papers, accounting records and other
evidence pertaining to costs incurred on the Project and used in support of its proposal and shall
make such material available at all reasonable times during the period of the Agreement, and for
three years from the date of final payment under the Agreement, for inspection by the CITY or any
reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The
CONTRACTOR agrees that the provisions of this Article shall be included in any Agreements it
may make with any subcontractor,assignee,or transferee.
22. OWNERSHIP,PUBLICATION,REPRODUCTION AND USE
All documents and materials prepared as an instrument of service pursuant to this Agreement are
the property of the CITY. The CITY shall have the unrestricted authority to publish, disclose,
distribute, and otherwise use, in whole or in part, any reports, data, maps, or other materials
prepared under this Agreement without according credit of authorship. The CITY shall hold
harmless the CONTRACTOR against all claims arising out of such use of documents and materials
without the CONTRACTOR's knowledge and written consent.
23. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the CITY, either
before, during, or after the execution of this Agreement, shall affect or modify any of the terms or
obligations herein contained, nor shall such verbal agreement or conversation entitle the
CONTRACTOR to any additional payment whatsoever under the terms for this Agreement. All
changes to this Agreement shall be in writing and appended hereto as prescribed in Article 3 above.
24. INDEPENDENT CONTRACTOR
The CONTRACTOR shall perform the services under this Agreement as an independent contractor
and nothing contained herein shall be construed to be inconsistent with this relationship or status.
Nothing in this Agreement shall be interpreted or construed to constitute the CONTRACTOR or
any of its agents or employees to be the agent,employee,or representative of the CITY.
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25. NOTICES
All notices shall be in writing and delivered in person or transmitted by certified mail,postage
prepaid. Notices shall be addressed as follows:
CITY: CONTRACTOR:
ADMINISTRATOR ADMINISTRATION
AUGUSTA,GEORGIA Duke's Root Control
535 Telfair Street,Ste. 910 1020 Hiawatha Blvd.West
Augusta,GA 30901 Syracuse,NT 13204-1131
Copy to:
DIRECTOR
AUGUSTA UTILITIES DEPARTMENT
452 Walker Street,Suite 200
Augusta,GA 30901
26. LOCAL SMALL BUSINESS:
In accordance with Chapter 10B of the AUGUSTA, GA. CODE, Contractors agree to collect and
maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local
Small Business Opportunity Program and to make such records available to Augusta, Georgia upon
request. The requirements of the Local Small Business Opportunity Program can be found at
www.augustaga.gov. In accordance with AUGUSTA, GA. CODE, Contractors shall report to
Augusta, Georgia the total dollars paid to each subcontractor, vendor, or other business on each
contract, and shall provide such payment affidavits, regarding payment to subcontractors, if any, as
required by Augusta, Georgia. Such utilization reports shall be in the format specified by the
Director of Minority and Small Business Opportunities, and shall be submitted at such times as
required by Augusta, Georgia. Required forms can be found at www.augustaga.gov. If you need
assistance completing a form or filing information, please contact the Local Small Business
Opportunity Program Office at (706)821-2406. Failure to provide such reports within the time
period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies
set forth, including but not limited to, withholding payment from the contractor.
27. E-VERIFY:
All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical
performance of services shall be required to execute an Affidavit verifying its compliance with
O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is
contracting with Augusta, Georgia has registered with and is participating in a federal work
authorization program. All contractors and subcontractors must provide their E-Verify number and
must be in compliance with the electronic verification of work authorized programs operated by
the United States Department of Homeland Security or any equivalent federal work authorization
program operated by the United States Department of Homeland Security to verify information of
newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L.
99-603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-
10-91 and shall continue to use the federal authorization program throughout the contract term. All
contractors shall further agree that, should it employ or contract with any subcontractor(s) in
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connection with the physical performance of services pursuant to its contract with Augusta,
Georgia the contractor will secure from such subcontractor(s) each subcontractor's E-Verify number
as evidence of verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit
provided in Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to
maintain records of such compliance and provide a copy of each such verification to Augusta,
Georgia at the time the subcontractor(s)is retained to perform such physical services
28. EXTENT OF THE AGREEMENT
This Agreement represents the entire agreement between AUGUSTA and CONTRACTOR and
supersedes all prior negotiations,representations and agreements,either written or oral.
ACKNOWLEDGEMENTS
"Contractor acknowledges that this contract and any changes to it by amendment, modification,
change order or other similar document may have required or may require the legislative
authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law,
Contractor is deemed to possess knowledge concerning Augusta, Georgia's ability to assume
contractual obligations and the consequences of Contractor's provision of goods or services to
Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other
similar document, including the possibility that the Contractor may be precluded from recovering
payment for such unauthorized goods or services.Accordingly, Contractor agrees that if it provides
goods or services to Augusta, Georgia under a contract that has not received proper legislative
authorization or if the Contractor provides goods or services to Augusta, Georgia in excess of the
any contractually authorized goods or services, as required by Augusta, Georgia's Charter and
Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided
by Contractor. Contractor assumes all risk of non-payment for the provision of any unauthorized
goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for
the provision of any unauthorized goods or services to Augusta, Georgia, however characterized,
including, without limitation, all remedies at law or equity." This acknowledgement shall be a
mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue
producing contracts
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IN WITNESS WHEREOF,said parties have hereunto set their seals the day and year written below:
CITY: CONTRACTOR:
AUGUSTA,GEORGIA(CITY) �ea� ;6t._ —��ro/Nez_ Rfr, CO ,
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/flu BY: `^'-e4 BY: / ' _
ofi PRINTED NAME:Mayor Hardie Davis Jr. PRINTED NAME: 11/,/ � Mx/€/-1/
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AS ITS: MAYOR AS ITS:: Z)141C v
AT 'EST CLERK: "`°'""` °~° ". !.;,: ATTEST:
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PRINTED r G .O I. PRI ED NAME: 1 �� �*-4 Se.
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Copy To:
DIRECTOR .
AUGUSTA UTILITIES DEPARTMENT
360 Bay Street,Suite 180
Augusta,GA 30901
17 OF 27 REVISION DATE: November 2016
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CONTRACTOR'S RESPONSIBILITIES
CONTRACTOR , in order to determine the requirements of the Project, shall review the
information in Attachment A-Scope of Services. CONTRACTOR shall review its understanding
of the Project requirements and shall advise CITY of additional data or services which are not a
part of CONTRACTOR's services,if any,necessary for design to begin.
PROTECT UNDERSTANDING
Upon request from the CONTRACTOR, CITY may provide all criteria and full information as to
CITY's and CONTRACTOR'S requirements for this part of the project,including design objectives
and constraints, space, capacity and performance requirements, flexibility and expendability, and
any budgetary limitations. CONTRACTOR may request from the CITY to furnish data, reports,
surveys,and other materials that may be relied upon in performing CONTRACTOR'S services.
REVIEW OF WORK
Authorized representatives of the CITY may at all reasonable times review and inspect the project
activities and data collected under the Agreement and amendments thereto. All reports,
drawings, studies, specifications, estimates, maps and computation prepared by or for the CITY
in association with this Agreement shall be subject to review.
The CITY may at any time request progress reports, prints or copies of any work performed
under this Agreement. Refusal by the CONTRACTOR to submit progress reports and/or plans
shall be cause to withhold payment to the CONTRACTOR until the CONTRACTOR complies
with the CITY's request in the regard.
The CITY's review recommendations shall be incorporated into the plans by the CONTRACTOR.
CONTRACTOR'S INSURANCE
CONTRACTOR will maintain throughout this AGREEMENT the following insurance limits as
specified in General Condition 14-Insurance.
18 OF 27 REVISION DATE: June 2006
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CITY'S RESPONSIBILITES
CITY-FURNISHED DATA
CITY will provide to CONTRACTOR all data in CITY's possession relating to CONTRACTOR's
services on the PROJECT. CONTRACTOR will reasonably rely upon the accuracy, timeliness,
and completeness of the information provided by CITY.
RIGHT TO ENTER
The CONTRACTOR will notify all property owners or occupants of the intent to enter properties
for the purpose of accomplishing work in accordance with the practices of the CITY. The
CONTRACTOR shall discuss with and receive approval from the CITY prior to sending notices of
intent to enter private property. Upon request by the CONTRACTOR, the CITY will provide the
necessary documents identifying the CONTRACTOR as being in the employ CITY for the
purpose described in the Agreement.
ADVERTISEMENTS,PERMITS,AND ACCESS
Unless otherwise agreed to in the Scope of Services, CITY will obtain, arrange, and pay for all
advertisements for bids; permits and licenses required by local, state, or federal authorities; and
land, easements, rights-of-way, and access necessary for CONTRACTOR's services or PROJECT
construction.
TIMELY REVIEW
CITY will examine CONTRACTOR's studies, reports, sketches, drawings, specifications,
proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant,
auditor,bond and financial advisors,and other CONTRACTORs as CITY deems appropriate;and
render in writing decisions required by CITY in a timely manner.
PROMPT NOTICE
CITY will give prompt written notice to CONTRACTOR whenever CITY observes or becomes
aware of any development that affects the scope or timing of CONTRACTOR's Services,or of any
defect in the work of CONTRACTOR or construction contractors.
CITY'S INSURANCE
CITY will maintain property insurance on all pre-existing physical facilities associated in any way
with the PROJECT.
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2016
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GEORGIA
ATTACHMENT A - SCOPE OF SERVICES
GENERAL
The purpose of this bid item is so the Augusta Utilities Department (AUD) can secure an on-call
contractor to provide asphalt pavement patch repairs in a timely manner. AUD will provide an
area ready to receive 2" thick asphalt. The area will be made ready with straight-cut edges.
Square or rectangle areas will be cut out when possible, however sometimes the nature of the
work might require oddly shaped cuts be made. The base for the asphalt will be prepared by
AUD crews. On occasion, the contractor may need to repair the area with graded aggregate base
prior to installing the asphalt. Bituminous tack or other materials necessary for asphalt patch to
adhere to the surfaces and remain in place will be provided by the contractor and included in the
asphalt price. Asphalt rolled curb will be replaced to match existing work in the area.
Removal of traffic plates and temporary traffic control will be provided by AUD. The contractor is
responsible for site safety and ensuring traffic control measures are sufficient. The contractor and
AUD's project manager will discuss traffic control measures to be provided at least one day in
advance of beginning the work. If traffic flaggers are needed, certified flaggers will be provided
by the contractor at no additional cost to the department.
In the event that AUD crews cannot prepare the area in advance, it will be up to the contractor to
make the area ready for asphalt. This may include,but is not limited to,moving protective plates,
excavating graded aggregate base from cut area to make ready for 2" of asphalt. Any preparation
work necessary that is performed by the contractor will be included in SY price shown on bid
sheet. All preparation work will be approved in advance by AUD management.
Patched area will be made to look neat and clean before opening to traffic. Patches will be even
with the existing surrounding road surfaces. Any depressed or raised areas in the patch will not
be acceptable.
Concrete curb, gutter and sidewalk repairs will be prepared by the contractor by neatly cutting
the existing curb and gutter or sidewalk at the nearest control joint. At minimum, asphalt
expansion joint will be placed on each end of the newly poured concrete. Longer stretches of
work may require additional expansion joint be used. Control joints and additional expansion
joint material will be provided by the contractor to match existing work in the area. Placing and
removal of forms, procurement and delivery of concrete is the responsibility of the contractor.
After forms are removed, spaces on both sides shall be backfilled with suitable earth, uniformly
spread and compacted. The area will be left smooth with no dips or edges that may create a
tripping hazard. Edges and concrete surfaces shall be finished to match existing work in the area.
Exposed aggregate surfaces or ADA compliant raised walking areas will not be included in this
contract. Concrete shall contain coarse and fine aggregate with a minimum 3,000 pounds
compressive strength per square inch at 28 days. Water used for concrete work will be free from
salt, oil or organic substances. Water from creeks, rivers, ponds or ditches shall not be used. The
contractor will provide "Sidewalk Closed" signs and additional barriers or caution tape to
prevent damage to the newly poured concrete as necessary. Removal of pedestrian barriers will
be the responsibility of the contractor and will take place as soon as possible once the concrete is
20 OF 27 REVISION DATE: November
2016
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cured enough for use. The contractor will call AUD's project manager once work is complete for a
final field inspection of the concrete repairs.
Item Description Unit Quantity
Asphalt 2" thick SY 3,500
Preparation work SY 3,500
Curb&Gutter LF 200
Concrete Sidewalk,4" SF 200
Graded Aggregate Base CY 200
Saw Cutting(when approved by AUD) LF 25
When work requires the department to remove asphalt or concrete, the contractor will be
provided a list of locations that require asphalt placement on a daily basis. If no cuts are made,
the contractor will not receive a list. The asphalt shall be placed within one week after receiving
the location report, unless authorization has been received otherwise from AUD. The contractor
will provide one full working day notice (24 hours) to AUD's project manager prior to beginning
asphalt repairs. This will allow for scheduling removal of plates (as necessary) and providing
temporary traffic control measures as needed. Discussion of traffic control measures to be
provided will take place during this time as well.
Removal of discarded,surplus or rejected materials will be by the contractor.
AUD reserves the right to require removal of any defective work. Upon written notification,
contractor shall take immediate action to correct faulty work at contractor's expense. All remedial
work shall be completed within three working days, weather permitting. In the event traffic
control or additional permits are necessary for replacement of defective work, those shall be
provided by the contractor at no expense to AUD.
All work will have a 180-day guarantee against defects in materials or workmanship. During this
period, any repairs required will extend the warranty for an additional 180-day period from the
date of the remedial work.
Due to changes in the price of asphalt based materials, the contractor may present a cost change
request every 90 days for the life of this contract. Proof of rising costs must be provided by the
contractor. The cost change request will be reviewed and approved or denied within 5 working
days by AUD. If denied, this contract shall end in 30 days from the date of written notice from
AUD. Work required in that 30 days will be at current contract prices.
Contract Period
The initial term of the contract shall be for the period of one year. The contract may be extended
for additional one-year periods up to a total of three additional years, with the mutual consent of
AUD and the Contractor. Price changes for succeeding years shall be adjusted in accordance with
the consumer price index for Augusta,Georgia locale.
21 OF 27 REVISION DATE: November
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See detail.
rCUT SIZE VARIES
EXISTING } EXISTING
PAVEMENT PAVEMENT
2"
1.1.1.1.1.1.1.1.1.1•1.1.1.1.1A
• •-• -.• • •-• r-,r s a —,
P t f a:e!.•C f.•1!"• 411b ?!_ 8" (BY AU D)
COMPACTED /1-1-V -1 1 .1 1 1
ASPHALT • • • • • • • • • : • 40 • •
Par1:1P4WIP:tif*SW"i011;74V,40:COP
GRADED
AGGREGATE BASE
1. COMPACTED ASPHALT PATCHED AREA
TO HAVE TACK APPLIED TO CUT PRIOR
TO INSTALLATION.
22 OF 27 REVISION DATE: November
2016
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EORGIA
ATTACHMENT B - COMPENSATION
The CITY shall compensate the CONTRACTOR for services, which have been authorized by the
CITY under the terms of this Agreement.
The CONTRACTOR may submit to the CITY a monthly invoice, in a form acceptable to the CITY
and accompanied by all support documentation requested by the CITY, for payment for the
services, which were completed during the billing period. The CITY shall review for approval
said invoices. The CITY shall have the right to reject payment of any invoice or part thereof if not
properly supported, or if the costs requested or a part thereof, as determined solely by the CITY,
are unreasonably in excess of the actual phase of completion of each phase. The CITY shall pay
each such invoice or portion thereof as approved, provided that the approval or payment of any
such invoice shall not considered to be evidence of performance by the CONTRACTOR to the
point indicted by such invoice, or of receipt of acceptance by the CITY of the service covered by
such invoice. The CITY shall pay any undisputed items contained in such invoices.
Each invoice shall be accompanied by a letter progress report describing the total work
accomplished for each phase and any problems,which have been encountered,which may inhibit
execution of the work. The CONTRACTOR shall also submit an accurate updated schedule, and
an itemized description of the percentage of total work completed for each phase during the
billing period.
When the CITY authorizes the CONTRACTOR to proceed with the work authorized in a Task
Order, it agrees to pay the CONTRACTOR for work completed, on the basis of the standard
billing rates shown in Attachment B to the Contract of those principals and employees engaged
directly on the work.
Compensation for design services shall be invoices based on the sum of all actual costs incurred
in the performance of the work, including all direct, payroll, overall and profit cost in an amount
not-to-exceed the compensation set forth in the terms of the Agreement or any authorized Task
Order. All invoices submitted by the CONTRACTOR shall be detailed to reflect incurred
expenses,labor hours and costs by authorized Task.
Overtime may be performed at the discretion of the CONTRACTOR, but the premium time
portion of the overtime will not be billed to the CITY unless the CONTRACTOR has requested
acceleration of the scheduled work in writing.
GEORGIA PROMPT PAY ACT:
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
Defective pricing
To the extent that the pricing provided by PLUMBER is erroneous and defective, the parties may,
by agreement,correct pricing errors to reflect the intent of the parties.
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2016
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Price Sheet
Item Description Unit Quantity Total Price
Asphalt 2"thick SY 3,500 gr7"L54D.
Preparation work SY 3,500
�3c3t .d cf)
Curb&Gutter LF 200
- ",?;e-).Q
Concrete Sidewalk,4"Thick SF 200 "7f
. , 0,60 .06
Graded Aggregate Base CY 200 d d
Saw Cutting LF 25 --—
(when approved by AUO) 25",6 6
TOTAL /-2 7 0'7,5.
BID SUBMITTED BY:
NAME: ' / � Ahhohir,
COMPANY: C.&E.'D t C st rr1/rtJ Pv i r! C 2-61, 427 '
ADDRESS: Dze_4( /1,-/e. Yk. Rc}:"--)
CITY/STATE: 3`tdqt..57447 c_30 9D
TELEPHONE: 746 — 73 5 7<
FAX: 3e 2 '1" EMAIL: Vtvi.#? bei del Are./
SIGNATURE: !.1 sfC
By signing this document,the bidder is stating that he or she Is not an employee of Augusta,Georgia.
AUGUSTA RESERVES THE RIGHT TO REJECT ANY AND ALL SIRS
THIS FORM MUST BE RETURNED WITH YOUR SUBMITTAL
Bid Rem 16-224 On-Cab Asphalt and Concrete Curb,.Gutter&Sidewalk Repair-Addendum
did Due Friday September lb,2015 fa 11:00 a.m.
Page lb of 17
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2016
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ATTACHMENT C - LISTING OF KEY PERSONNEL
CONTRACTOR shall provide qualified personnel to perform its work. The list of key personnel
below,including a designated Project Manager will not change or be reassigned without the
written approval of the CITY. Those personnel committed for this work are as follows:
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2016
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ATTACHMENT D - SCHEDULE FOR PERFORMANCE
The work sequence and work schedule will be in accordance with specifications as defined in
Attachment A.
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REVISION DATE: November
2016
AUGUSTA
CFARGU
CONTRACTOR SERVICES
AUGUSTA UTILITIES DEPARTMENT CONTRACTOR
BY: �1/NL. BY: e.0/Q!
PRINTED NAME: PRINTED NAME: 1/7/1e. /4004;
TITLE: DIRECTOR TITLE: oVYNC�
DATE: A / 1 2.-/i e DATE: -1/-e417
ADDITIONAL SERVICES:
1. Revisions to the plans/contract documents to extend the limits of the project after this
AGREEMENT has been executed by the CITY.
2. Revisions due to incorrect locations of existing utilities by the CONTRACTOR (i.e.,correct
location given by CITY, incorrectly marked on plans by engineer) will be the responsibility of
the CONTRACTOR. Other revisions required by the CITY, DOT, EPD, or other government
agency at their request will be considered an additional service.
3. Other not described above,as approved by the CITY.
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