HomeMy WebLinkAboutAMENDMENT 1 TO AGREEMENT PROFESSIONAL DESIGN SERVICES RECREATION PARKS DEPARMENT
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AMENDMENT # 1 TO AGREEMENT TO PROVIDE PROFESSIONAL DESIGN
SERVICES TO AUGUSTA, GEORGIA THROUGH THE RECREATION AND
PARKS DEPARTMENT
1) Indemnification:
CONSULTANT agrees to indemnify CLIENT for any claims, damages, losses, and costs,
including, but not limited to, attorney's fees and litigation costs, arising out of claims by
third parties for property damage or bodily injury, including death, to the proportionate
extent causes by the negligence or willful misconduct of CONSULTANT, Consultant's
employees, affiliated corporations, and subcontractors in connections with the PROJECT.
CLIENT agrees to indemnify CONSULTANT from any claims, damages, losses, and
costs, including but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage or bodily injury, including death, to the
proportionate extent causes by the negligence or willful misconduct of CLIENT, Client's
employees, affiliated corporations, and subcontractors in connections with the PROJECT.
2) Assignment
This is a bilateral consultant services agreement. Neither party shall have the power to or
will assign any of the duties or rights or any claim arising out of or related to this
AGREEMENT, whether arising in tort, contract or otherwise, without the written consent
of the other party. Any unauthorized assignment is void and unenforceable. These
conditions and the entire AGREEMENT are binding on the heirs, successors, and assigns
of the parties hereto.
3) Jurisdiction
This agreement shall be governed by and construed in accordance with the laws of the
State of Georgia. All claims, disputes and other matters in question between client and
consultant arising out of, or relating to, this Agreement, or the breach thereof, shall be
decided in the Superior Court of Richmond County, Georgia. CONSULTANT, by
executing this Agreement, specifically consents to venue and jurisdiction in Richmond
County, Georgia and waives any right to contest jurisdiction and venue in said court.
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4) Dispute Resolution:
The parties will use their best efforts to resolve amicably any dispute, including use of
alternative dispute resolution options.
5) Open Records
CONSULTANT acknowledges that this Agreement and certain documentation may be
subject to the Georgia Open Records Act (O.C.G.A. Section 50-18-70, et seq.)
CONSULTANT shall cooperate fully in responding to such request and shall make all
records, not exempt, available for inspection and copying as required by law.
CONSULTANT shall clearly mark any information provided to CLIENT which the
CLIENT contents is Proprietary or Confidential Information. Proprietary or Confidential
information of the CONSULTANT is to be protected from public release if at all
possible. CONSULTANT shall notify CLIENT immediately of any Open Records
request arising out of this contract and shall provide to CLIENT a copy of any response
to the same.
6) Notices
All notices hereunder shall be in writing and shall be fully given if delivered personally
or sent by registered or certified mail, return receipt requested, postage prepaid, to the
respective addresses of the parties appearing in this Agreement. Any notice given shall
be deemed to have been received on the date, which it is delivered if delivered
personally, or, if mailed, on the fifth business day next following the mailing thereof.
Either party may change its address for notices by giving notices of such change as
required in this Section.
The originals to: Recreation and Parks Director
2027 Lumpkin Road, Augusta, GA 30901
Attn: Tom Beck
Phone: (706) 796-5025
Fax: (706) 796-4099
Copies to: City Administrator, Augusta, Georgia
530 Greene Street, Room 801
Augusta, GA 309011
Attn: Fred Russell
Phone (706) 821-2400
Fax (706) 821-2819
THE WOORDHURST PARTNERSHIP - ARCHITECTURE
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607 15TH Street
Augusta, GA 30901
BY:~~ ~c--::.
Robert S. Woodhurst, III, FAIA (Partner)
Date: \,. "eo;- . 01
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Attest:
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