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HomeMy WebLinkAboutBUDDY ROBINSON KEVIN B ROBINSON -- CITY OF AUGUSTA NEGOTIATOR AGREEMENT PROJECT St. Sebastian Way/Greene St./15th St.. DE-OOMS(389) PI# 262750 COUNTY Richmond . A Value Concepts, Inc., hereby agrees to negotiate certain parcels in Augusta Richmond County as shown on the right of way plans for Project St. Sebastian Way/Greene Street/15th Street at the fee rate per parcel as indicated on the attached document entitled "Attachment A" This document also shows, on a parcel by parcel basis, the due date of each completed negotiation. When necessary, the closing documentation will be handled by Value Concepts, Inc., and is included in the estimated price as shown on "Attachment A" B. For revising the estimate, due to changes in the scope of the original contract, for updating estimates for court testimony, for appearances as a witness in court, at preliminary hearings, pre-trial hearings or depositions taken in behalf of the City of . Augusta (hereinafter referred to as the City), Estimator, Designated Estimator agrees to provide these services for: $400 per day or fraction thereof $200 one-half day (home base testimony) Statements in foresaid services to be submitted in triplicate and shall be itemized and approved by attorney conducting trial or hearing. C. This Negotiator Agreement may be entered into with an individual Negotiator, as a single entity or with a firm, partnership, corporation or combination thereof. 1. If said agreement is entered into with a firm, partnership, corporation or combination thereof, the following regulations will apply: a. The City of Augusta shall have final approval of the Neqotiators. Gene McDonald; H. Buddy Robinson. Jr.: and Kevin B. Robinson. chosen by a firm, partnership or corporation to perform the negotiation assignment. Said Designated Negotiator must be approved by the Georgia Department of Transportation and they must be fully qualified to perform the required work. b. The City and the Negotiator recognize that continued and uninterrupted performance of the specified services is essential. Therefore, it is further agreed between the parties that in the event (Designated Negotiator(s)) leave the Negotiator's employ, the Negotiator shall assign this agreement, without limitation, to the other Neqotiators desiqnated by this aqreement or the company employing said individual(s). See Page 6 for signature requirement. 2. Designated Negotiator agrees to begin negotiating parcels listed on attached sheet "Attachment A" after receiving the notice to proceed and to deliver the completed options and closing documentation with executed deed to the City of Augusta not later than the date(s) shown on "Attachment A" Page 1 of 8 Pages . . e It is mutually agreed between the City of Augusta hereinafter referred to as the "City" and Value Concepts. Inc. hereinafter referred to as the Negotiator or Contractor (firm, partnership, corporation, 'or combination thereof) that: 3. It is understood and agreed that the firm and/or Negotiator performing any work under this contract will not employ, assign, or use any individual in the performance of this contract who was employed by the City of Augusta during the past twelve (12) months prior to the date of this contract. Individual, as defined in this paragraph, does not include retired City of Augusta employees. . 4., It is fully understood and agreed that in the event the negotiated final documents are not delivered within the specified time, the City may impose a penalty of suspension from all activity for a period of time to be specified by the City. However, it is understood that an extension of time may be granted by the City, under extenuating circumstances, if conditions so warrant and the request for such an extension is submitted in writing. 5. It is understood that the negotiated documents made under this contract will be submitted to the City no more than thirty (30) days after the date of completion, and if not, they will not be accepted. 6. It is understood that the City will furnish forms, maps, sketches and other information or assistance deemed by the City to be in the interest of securing a negotiated settlement, if available. 7. The Negotiator further warrants that he has not employed or retained any company or person other than a person solely under his employ to solicit or secure this agreement and that he has not paid or agreed to pay any company or person other than one of his bona fide employees working solely for him any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, it is understood that the City will have the right to annul this agreement without liability, and in the event conditions or circumstances so warrant, this agreement may, by mutual consent, be adjusted as to time or basis or payment. 8. The City shall have the right of cancellation for all or any part of the services under the terms of this agreement in the event of changes in City plans, which obviate the necessity of such negotiations, by giving notice by mail ,to the Negotiator herein, and shall be liable for services furnished only to the date of receipt of such notice by the Negotiator. In the event of termination as to one or more or all of the parcels, the Negotiator shall be paid a proportionate part of the fee for the particular parcel or parcels terminated as set forth above in proportion to the work actually completed on that parcel at the date of termination. It is agreed that if for any reason work under this agreement is terminated; all work actually done by the Negotiator to the date of termination shall become the property of the City. Page 2 of 8 Pages " , , . " 9. If changes or reVISions become necessary because of revised plans, or additional requirements on the part of the City, or any major changes in the scope or character of the work to be performed as required by the City, it is agreed that a new agreement covering only such revisions or changes will be entered into at that time, as agreed to by the City and Negotiator, making any necessary adjustments in the time of performance and providing applicable equitable changes, with increases or decreases, in the amount of compensation as set forth in the original agreement. See Paragraph B as an option to a new Negotiator agreement. . 10. It is agreed that if a dispute concerning a question of fact in connection with the work not disposed of by this agreement arises, the decision of the City shall be final subject only to appropriate appeal to the City Commission through the City Attorney. 11. The Negotiator agrees to indemnify and save harmless the City, its officers, agents, and employees from any and all claims and loss occurring or resulting to any and all persons, firms, or corporations furnishing work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the Negotiator in the performance of the agreement. 12. The parties hereto agree that the Negotiator, and any agent and employee of the Negotiator, in the performance of this agreement, shall act in an independent capacity and not as officers, employees or agents of the City. 13. This agreement is not assignable by Negotiator, either in whole or in part and no portion of the work may be sublet or transferred to any other persons without prior written approval of the City and State. If it is discovered that such a violation has occurred, the Negotiator of record will be subject to suspension for a period of time to be specified by the City. 14. The Negotiator agrees to comply with all Federal, State and local laws and ordinances applicable to the work. 15. The Negotiator (hereinafter referred to as the contractor under this paragraph) also agrees to comply with Federal regulations relative to non-discrimination in Federally assisted programs of the U.S. Department of Transportation as herein defined under Appendix "A" below: APPENDIX "A" a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. Page 3 of 8 Pages , . ' b. Non discrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color or national origin in the selection and retention of contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contractor covers a program set forth in Appendix B of the regulations. . c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor of supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. d. Information and Reports: The contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Augusta and the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives, where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the City of Augusta and the State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Augusta and the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (1) withholding of payments to the contractor or under the contract until the contractor complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part. f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f' in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the City of Augusta and the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the City of Augusta and the State Department of Transportation to enter into such litigation to protect the Page 4 of 8 Pages . .' Interest of the City and State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. . 16. It is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreements not incorporated herein, and alterations or variations of the terms hereof, unless made in writing between the parties hereto, shall be binding on any of the parties hereto. 17. All information contained in the report, and all parts thereof, are to be treated as a privileged communication. The Negotiator shall take all necessary steps to insure that neither he nor any member of his staff or organization divulges any information concerning the report to anyone other than the proper officials of the City of Augusta and the Department of Transportation of said State or officials of the Federal Highway Administration until authorized by City and State Officials to do so, or until the Negotiator is required to do so by due process of law or until released from this obligation by having publicly testified as to such findings. DRUG-FREE WORKPLACE CERTIFICATION 18. The undersigned certifies that the provisions of Code Sections 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-free Workplace Act", have been complied with in full. The undersigned further certifies that: (1) A drug-free workplace will be provided for the contractor's employees during the performance of the contract; and (2) Each contractor who hires a subcontractor to work in a drug-free workplace shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with Value Concepts. Inc. , certifies to the contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to Paragraph (7) of Subsection (B) of Code Section 50-24-3". Also the undersigned further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract: Page 5 of 8 Pages " VALUE CONCEPTS, INC. *,~~;I!i-2.irJ WwA Address: /I If Sl'o"'E: lY\Ou mAltv $.. SUITt: j) LAW(<.GN(!f;'hl-tE, CA 3004-5" As per Paragraph C, Clause 1-A, and B, the Negotiator designated by a firm, partnership, or corporation or combination thereof to perform certain negotiation assignment or assignments hereby understands and agrees to abide by these requirements as verified by Negotiator's signature. Address: Value Concepts, Inc. "'+S'1""o",e !1\OUI\''\A,i'I ST. $"'u In]) LflvJ~ENQEoJlL.L.€! G~ 3oo~ Signed Sealed and Delivered In the Presence of: (Seal): My Commission Expires: Otc? - 07 - d/.-oO't::. ~\"'''''''''I. ~,~ :i STl:~;;',," ~ - 0"1;'. ~ ~ ~ c;, . ~;o.~ ~ ~ Nor..., ~ ~ ~ = ...;. - = - :e .....: ('I) - 'i~ ~~8L.'C J S ~ A;;j1!~_~...'" !r $ ~'" a _._:.~ 0 ~ "'I COUN \ :,\"", 1111"",,\\\ Based on prior field review of properties involved in the contract proposal by City of Augusta Right of Way personnel as to the nature and complexity of the negotiation problems and on my knowledge of fees paid for negotiation of similar properties in this vicinity I have determined that the fees as proposed under the contract are reasonable and are therefore recommended for acceptance. Recommended: ~' ~. ~ W .....~e_ . S of Way Supervisor Witness: \c j/i~~&vg A~~~ 9;t();. Clerk of Com ission Witness: /:Q(~ tJ. 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