HomeMy WebLinkAboutBID ITEM# 18-285 TO CONTRACT MANAGEMENT, INC. TO PROVIDE DEMOLITION AND RECONSTRUCTION OF THE PARKING LOT AND TO ENLARGE THE ENTRANCEWAY AT EVE STREET STATION 4 CONTRACT TO DEMOLISH AND RECONSTRUCT ROADWAY
This Contract to demolish and reconstruct parking and roadway entrance, hereinafter referred to
as "Contract", is made and entered into by and between Augusta, Georgia, a political subdivision
of the State of Georgia, by and through its Board of Commissioners (hereinafter referred to as
"Augusta"), and Contract Management, Inc. (hereinafter referred to as "Vendor").
WHEREAS, Augusta desires and is able to contract with a qualified and experienced Vendor to
provide a quality demolition and reconstruction of parking and roadway entrance to the Augusta
Fire Department. Augusta issued a Request for Bids#18-285,hereinafter referred to as "Bid Item
# 18-285".
WHEREAS, Vendor responded to Bid Item #18-285 and has represented to Augusta that it is
experienced and qualified to provide quality demolition and reconstruction of parking and
roadway entrance to Augusta; and,
WHEREAS, Augusta has relied on Vendor's response and Vendor was chosen as the most
responsive bidder based on its submittal thereto.
NOW, THEREFORE, in consideration of the foregoing, the provisions contained herein, and the
mutual benefits derived here from, and for other good and valuable consideration,the receipt and
sufficiency of which are hereby acknowledged, Vendor and Augusta agree as follows:
1 . Deliverables. Vendor shall provide Augusta with demolition and reconstruction of parking and
roadway way entrance to Fire Station#4 as set forth in the specifications of Bid Item#18-285,
Vendor's response to Bid Item #18-285, and comply with all the terms, conditions, and
requirements of this Contract.
2. Performance Standards. Vendor shall provide a quality demolition and reconstruction that
meet or exceed all performance requirements and specifications as set forth in Bid Item# 18-
285.
3. Term. This Contact shall commence as of the date executed by Augusta (Commencement
Date)and shall have a term of two(2)months from the Commencement Date to complete said
work.
4. Purchase Price. In consideration of Vendor performing its obligations under this Contract,
Augusta will pay Vendor$60,981.60 for its work described in Bid Item# 18-285.
5. Invoicing and Payment. Vendor will submit an invoice, in a form acceptable to Augusta, for
the work it has performed within thirty (30) days of completion of said work. The invoice
shall reference the purchase order number assigned to this Contract. Augusta shall pay
Vendor, within thirty (30) days of receipt of said invoice, any undisputed amounts and
contingent upon Vendor's satisfactory performance of this Contract. Notwithstanding
anything in the Bid or Vendor's proposal,Augusta shall have the right to withhold or deduct
payments in the event of Vendor's nonperformance.
All invoices shall be addressed to : Augusta Fire Department
Fire Administration
3117 Deans Bridge Road
Augusta, Ga. 30906
6. Georgia Prompt Pay Act. The terms of this Contract supersede any and all provisions of the
Georgia Prompt Pay Act.
7. Defective Pricing. To the extent that the pricing provided by Vendor is erroneous and
defective,the parties may,by a properly executed Amendment,correct pricing errors to reflect
the intent of the parties.
8. Changes, Additions, Deletions. Augusta 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 Vendor's compensation, shall be mutually agreed upon by and between Augusta and
Vendor, in a written Amendment to the Contract, which Amendment shall be incorporated
herein by reference thereto. No claim for damages for anticipated profits shall accrue to the
Vendor. Vendor acknowledges that any changes that involve an increase in the compensation
shall be considered major, and require the approval of Augusta.
9. Qualifications. Vendor represents and warrants that it has the necessary knowledge,
experience, abilities, skills, resources and capacity to perform its obligations under this
Contract, and agrees to perform its obligations under this Contract in a professional manner,
consistent with prevailing industry standards and practices.
10. Licenses, Permits, Compliance with Law. Vendor represents and warrants that it has all
licenses and permits necessary to conduct its business and perform its obligations under this
Contract,and agrees to comply with all applicable federal,state and local statutes,regulations,
codes, ordinances and policies in performing its obligations under this Contract.
11. Commencement of Work. Vendor will be issued a Purchase Order for the work to be
performed to Augusta. Work shall commence within thirty(30) working days of the issuance
of the Purchase Order.
12. Liquidated Damages. Vendor agrees to pay as liquidated damages to Augusta, the sum of
$100.00 for each consecutive full calendar day Vendor has failed to meet the time frame under
this Contract. Penalty of$100.00 per day, will apply for not meeting this criterion; provided,
however, that liquidated damages in the aggregate should not exceed five percent (5%) of the
contract price. The parties agree that these provisions for liquidated damages are not intended to
operate as penalties for Breach of Contract. The liquated damages set forth above are not intended
to compensate Augusta for any damages other than inconvenience and loss of use or delay in use.
The existence or recovery of such liquidated damages shall not preclude Augusta from recovering
other damages in addition to the payment made hereunder which Augusta can document as being
attributable to the documented Vendor's failure. In addition to other costs that may be re-coupe,
Augusta may include costs of personnel and assets used to inspect and re-inspect the work
performed by Vendor, as well as attorney fees, if applicable.
13. Specified Excuses for Delay or Non-Performance. Neither Augusta nor Vendor shall be liable for
any delay in the performance of this Contract, nor for any other breach for any loss or damage
arising from uncontrollable forces such as fire, theft, storm, war, or any other force major that
could not have been reasonably avoided by the exercise of due diligence.
14. Temporary Suspension or Delay of Performance of Contract. To the extent that it does not alter
the scope of this Contact, Augusta my unilaterally order a temporary stopping of the work or
delaying of the work to be performed by Vendor under this Contract.
15. Termination for Convenience. Either party shall have the right to terminate this Contract, in part
or in whole,by giving written notice to the other party of such termination,specifying the effective
date thereof, at least two (2)weeks before the effective date of such termination.
16. Adverse or Disparaging Comments Vendor understands that community trust is integral to the
Fire Department's mission and, as such, agrees not to engage in governmental activities or make
comments on equipment, personnel, or the Fire Department as a whole, that a reasonable person
would perceive as adverse or disparaging to the Fire Department.
17. Termination for Cause. If through any cause, the Vendor fails to fulfill its obligations under this
Contract in a timely manner, or if the Vendor shall violate any of the covenants, agreements or
stipulations of this Contract, Vendor will be given seven (7) days written notice to correct said
breach of Contract. Failure to correct said breach of Contract by Vendor, (including, but not
limited to, Vendor's work being deemed unsatisfactory by Augusta), Augusta shall have the right
to terminate this Contract,by written notice to Vendor of such termination,specifying the effective
date thereof,at least ten(10)days before the effective date of such termination. This Contract may
be terminated immediately if Vendor fails to maintain insurance or fails to comply with the
Workers' Compensation Act and applicable laws.
In the event of a termination of this Contract Augusta and Vendor will,in good faith,negotiate
an appropriate reduction in the fees payable to Vendor.
18. Survival. Notwithstanding anything in this Contract to the contrary, the provisions of
Indemnification Section below shall survive any expiration or termination of this Contract and
each party shall remain obligated to the other party under all provisions of this Contract that
expressly or by their nature extend beyond and survive the expiration or termination of this
Contract.
19. Vendor's Insurance. Vendor shall, at all times that this Contract is in effect and for three(3) years
following acceptance of the work, cause to be maintained in force and effect insurance policy(s)
that will ensure and indemnify Augusta against liability or financial loss resulting from injuries
occurring to persons or property or occurring as a result of any work defect, or negligent error,
act, or omission of the Vendor in performance of the work during the term of this Contract. All
policies shall provide a 30-day notice of cancellation to the named insured.
a) Commercial General Liability Insurance in an amount of not less than 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.
b) Workers Compensation Insurance in accordance with Georgia law.
20. Warranty. Vendor will provide a one (1) year warranty for the reconstruction of parking and
roadway entrance. The one(1) year warranty period begins upon acceptance of the work.
21. Indemnification. Vendor shall indemnify, hold harmless, protect and defend Augusta and its
Commissioners, elected officials, trustees, officers, employees, agents, and representatives (the
"Indemnified Parties") for, from and against any and all demands, claims, suits, damages, losses,
liabilities, costs and expenses, including, but not limited to, court costs and attorneys' fees (the
"Indemnified Matters"), of any nature whatsoever(including,but not limited to, damage to or loss
of property, bodily injury or death), directly or indirectly arising out of or in connection with
Vendor's product or the performance of Vendor's obligations under this Contract. Vendor's
indemnification obligations shall apply whether the Indemnified Matters are due in part to the
concurrent fault or negligence of the Indemnified Parties or others, but shall not extend to such
concurrent fault or negligence. Notwithstanding anything in this Contract to the contrary, the
provisions of this Section shall survive any expiration or termination of this Contract and each
party shall remain obligated to the other party under all provisions of this Contract that expressly
or by their nature extend beyond and survive the expiration or termination of this Contract.
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Vendor's defense obligations shall be with attorneys approved by Augusta, which approval shall
not be unreasonably withheld.
22. Records. Vendor shall maintain throughout the term of this Contract and for a period of seven(7)
years thereafter records that indicate the date, time, and nature of the services rendered. Vendor
shall make available for inspection by Augusta all records, books of account, memoranda, and
other documents pertaining to Augusta, except medical records, at any reasonable time upon
request.
23. Open Records. Vendor acknowledge that all records relating to this Contract 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.). Vendor shall cooperate fully in responding to such request and
making all records, not exempt, available for inspection and copying as provided by law.
24. Prohibition Against Contingent Fee. The Vendor warrants that no person or selling agency has
been employed or retained to solicit or secure this Contract 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 Vendor for the purpose of
securing business and that the Vendor has not received any non Augusta fee related to this Contract
without the prior written consent of Augusta. For breach or violation of this warranty, Augusta
shall have the right to annul this Contract 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.
25. Non-Discrimination. During the performance of this Contract, Vendor shall comply with all
federal and state non-discrimination laws, regulation and policies in the administration of this
Contract.In the event of the Vendor's non-compliance or refusal to comply with nondiscrimination
law, regulation, or policy in the administration of this Contract, this Contract may be rescinded,
canceled or terminated in whole or in part, and the Vendor may be declared ineligible for further
Contracts with Augusta.The Vendor shall,however,be given a reasonable time in which to correct
any non-compliance.
26. Drug Free Workplace. Vendor will not engage in the unlawful manufacture, sale, distribution,
dispensation,possession, or use of a controlled substance or marijuana during the performance of
this Contract. Furthermore, if Vendor is a Georgia based company and has more than one
employee, including Vendor, Vendor shall provide for such employee(s) a drug-free workplace
program, in accordance with the Georgia Drug-free Workplace Act, as provide in O.C.G.A.
Section 50-24-1 et. seq. throughout the duration of this Contract.
27. Independent Vendor. The parties intend that Vendor's relationship to Augusta in providing fire
apparatus hereunder shall be that of an independent Vendor. Nothing in this Contract, nor any
performance hereunder, is intended or shall be construed to create a partnership,joint venture or
relationship of agency or employment between Augusta and Vendor. In providing fire apparatus
hereunder, Vendor shall represent itself to third parties as an independent Contractor to Augusta
and shall not hold itself out as having any authority to obligate Augusta. Vendor shall have no
authority for any complaints related to employment with Augusta, Georgia and has no authority
to hire, fire, discipline or otherwise effect the terms and conditions of Augusta, Georgia
employees, except as specifically set forth herein.
28. Power of Authority: Due Authorization: No Conflict; Enforceability. Each party represents and
warrants to the other party that(i) such party has the power and authority to execute, deliver and
perform its obligations under this Contract, (ii) the execution, delivery and performance of this
Contract have been duly authorized by such party and do not and shall not conflict with any
agreement or instrument to which it is bound, and (iii) this Contract constitutes the legal, valid
and binding obligation of such party, enforceable against it in accordance with its terms.
29. Entire Agreement. This Contract,Bid Item# 18-285and Response to Bid Item#18-285,including
any exhibits/amendments attached hereto, constitutes the entire agreement between the parties,
and supersedes all prior and contemporaneous agreements,understandings and negotiations, with
respect to the subject matter hereof
30. Conflicting and Precedence. The Contract Documents are complementary, and what is called for
in one is as binding as if called for by all. In the event there are any conflicting provisions or
requirement in the component parts of this Contract, the several Contract Documents shall take
precedence in the following order:
Bid Item# 18-285, including any addendums
Response to Bid Item#18-285
Contract, including any exhibits
Amendments
31. Severability. In the event any provision of this Contract is determined to be invalid or
unenforceable, it is the desire and intention of the parties that such invalidity or unenforceability
not invalidate or render unenforceable the remainder of the Contract and such provision be
reformed and construed in such a manner that it will, to the maximum extent practicable, be
deemed valid and enforceable, and the rights and obligations of the parties shall be construed and
enforced accordingly. Each party shall execute and deliver such further documents and take such
further actions as may be required or reasonably requested by the other party to effectuate the
purposes of this Contract.
32. No Assignment.This Contract may not be assigned or transferred,in whole or in part,by operation
of law or otherwise, by either party without the prior written consent of the other party, and may
not be amended or modified,by course of conduct or otherwise, except in a writing duly executed
by each of the parties.
33. Acknowledgment. Vendor 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, Vendor is deemed to possess knowledge concerning Augusta's ability to assume
contractual obligations and the consequences of Vendor's provision of goods or services to
Augusta under an unauthorized Contract, amendment,modification, change order or other similar
document, including the possibility that the Vendor may be precluded from recovering payment
for such unauthorized goods or services. Accordingly, Vendor agrees that if it provides goods or
services to Augusta under a Contract that has not received proper legislative authorization or if
the Vendor provides goods or services to Augusta in excess of the any contractually authorized
goods or services,as required by Augusta's Charter and Code,Augusta may withhold payment for
any unauthorized goods or services provided by Vendor. Vendor assumes all risk of non-payment
for the provision of any unauthorized goods or services to Augusta, and it waives all claims to
payment or to other remedies for the provision of any unauthorized goods or services to Augusta,
however characterized,including, without limitation, all remedies at law or equity.Any waiver of
any provision of this Contract shall be in duly executed by the waiving party. The failure or delay
by either party to seek redress for any breach or default under this Contract or to insist upon the
strict performance of any provision of this Contract, shall not constitute a waiver thereof or of any
other provision of this Contract, and such party shall have all remedies provided herein and at law
and in equity with respect to such act and any subsequent act constituting the same.
34. Notifications. Any notices required under this Contract shall be made in writing,postage prepaid
to the following addresses, and shall be deemed given upon hand deliver, verified delivery by
telecopy(followed by copy sent by United States mail),or three(3)days after deposit in the United
Stated Mail:
Augusta: Fire Chief
Augusta Fire Department Administration
3117 Deans Bridge Road
Augusta, Georgia 30906
Courtesy copy to: General Counsel
Augusta Law Department
535 Telfair Street, Building 3000
Augusta, Georgia 30901
Vendor: Contract Management Inc.
1829 Killingsworth Road,
Augusta, Ga 30904
35. Right to Inspect Premises. Augusta may, at reasonable times, inspect the part of the plant, place
of business, or work site of Vendor or any subcontractor of Vendor or subunit thereof that is
pertinent to the performance of any Contract awarded or to be awarded by Augusta.
36. Construction of Contract. The parties acknowledge and agree that both parties substantially
participated in negotiating the provisions of this Contract; and,therefore,the parties agree that this
Contract shall not be construed more favorably toward one party than the other party because of
one party primarily drafting the Contract. The section and other headings in this Contract are for
convenience of reference only and shall not be construed, expressly or by implication, so as to
affect the meaning or interpretation of any of the provisions hereof.
37. Local Small Business Reporting. In accordance with Chapter 10B of the AUGUSTA,GA. CODE,
Contract or expressly agrees 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. The requirements of the Local Small Business
Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA, GA.
CODE § 1-10-129(d)(7), for all Contract s where a local small business goal has been established,
the Vendor is required to provide local small business utilization reports. Vendor shall report to
Augusta, Georgia the total dollars paid to each local small business on each Contract, and shall
provide such payment affidavits, regarding payment to subcontractors as may be requested by
Augusta, Georgia. Such documents 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. Failure to provide such reports within the 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 Vendor and/or collecting liquidated damages.
38. E-verify: All Vendors entering into Contracts with Augusta, GA 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 Vendors and subcontractors must provide their EVerifr 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 ORCA),PL. 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
Vendors shall further agree that, should it employ or contract with any subcontractor(s) in
connection with the physical performance of services pursuant to its Contract with Augusta,
Georgia the Vendor will secure from each subcontractor(s) each subcontractor's E-Verifr 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 Vendors 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.
39. Governing Law and Jurisdiction and Venue. This Contract shall be governed by, and construed
and enforced in accordance with, the laws of the State of Georgia(without regard to the conflicts
or choice of law principles thereof). The parties irrevocably consent to the jurisdiction of the State
of Georgia, and agree that the Superior Court of Richmond County, Georgia, shall be an
appropriate and convenient place of venue to resolve any dispute with respect to this Contract. In
the event either party commences any proceeding against the other party with respect to this
Contract, the parties agree that neither party shall be entitled to recover attorneys' fees except as
otherwise specifically provided for by law.
IN WITNESS WHEREOF, Vendor and Augusta have duly executed and delivered this Contract.
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