HomeMy WebLinkAboutBUDDY ROBINSON KEVIN B ROBINSON
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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
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,
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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
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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
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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
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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:
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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:
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. S of Way Supervisor
Witness:
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9;t();. Clerk of Com ission
Witness:
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Notary ~ blic -
Page 6 of 8 Pages Notary Public, Columbia County, Georgia
My Commission Expires Aug. 1, 2006
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