HomeMy WebLinkAboutESTIMATOR AGREEMENTALEXANDER DRIVE WIDENING RELOCATION
CITY OF AUGUSTA
ESTIMATOR AGREEMENT
Project: Alexander Drive Widening & Relocation County: Richmond P.1. No. 0001794
STP-OOO 1-00(794)
A. Cost-to-Cure Estimator hereby agrees to value certain elements on parcels in Richmond
County as shown on the right of way plans for Project Alexander Drive Wideninq &
Relocation 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 estimation, the anticipated contents of the valuation, and the anticipated
approaches to value which will be used in preparing this report.
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:
$400.00
$ 75.00
$200.00
per day or fraction thereof
per diem
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 Estimator Agreement may be entered into with an individual Estimator, 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 Cost-to-Cure
Estimator chosen by a firm, partnership of corporation to perform the
contractual value assignment. Said Designated Estimator's name must
be approved by the Georgia Department of Transportation and they must
be fully qualified to perform the required value work.
b. The City and the Estimator recognize that continued and uninterrupted
performance of the specified services is essential. Therefore, it is further
agreed between the parties that in the event leaves the
Estimator's employ, the Estimator shall assign this agreement, without
limitation, to (Designated Estimator) or the
company employing said individual. See Page 6 for signature
requirement.
2. Estimator/Designated Estimator agrees to begin estimates covering the parcels
listed on attached sheet on or before notice to proceed and to deliver 3 copies of
the fully completed value to the City of Augusta not later than the date(s) shown
as attached.
Page 1 of 7 Pages
It is mutually agreed between the City of Augusta hereinafter referred to as the
"City" and Gaskin Construction Company. Inc. hereinafter referred to as the
Estimator or Contractor (firm, partnership, corporation, or combination thereof)
that:
3. It is understood and agreed that the firm and/or Estimator 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 completed estimate is not delivered
within the specified time, the City may impose a penalty of suspension from all
estimating 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 estimates made under this contract will be submitted to the City
no more than thirty (30) days after the date of evaluation, 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 fair market value
evaluation, if available.
7. The Estimator 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 valuation, by giving notice by mail to the Estimator herein, and shall be
liable for services furnished only to the date of receipt of such notice by the Estimator.
In the event of termination as to one or more or all of the parcels, Estimator 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 Estimator to the date of termination shall become the property of
the City.
Page 2 of 7 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 Estimator, 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 Estimator 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 Estimator 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 Estimator in the performance of the agreement.
12. The parties hereto agree that the Estimator, and any agent and employee of the
Estimator, 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 Estimator, 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 State. If it is discovered that such a violation has occurred, the Estimator
of record will be subject to suspension for a period of time to be specified by the City.
14. The Estimator agrees to comply with all Federal, State and local laws and ordinances
applicable to the work.
15. The Estimator (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 of7 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 7 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 Estimator 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 Departmenti 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 Estimator
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 , 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 7 Pages
Signed Sealed and Delivered
In the Presence of:
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Nota Public
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Alva D. Gaskin, Jr.
Address:
(Seal):
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As per Paragraph C, Clause 1-A, and B, the Estimator designated by a firm, partnership, or
corporation or combination thereof to perform certain estimation assignment or assignments
hereby understands and agrees to abide by these requirements as verified by Estimator's
signature.
Sign~~f~:~ft.
Signed Sealed and Delivered
In the resence of:
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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 estimation problems and on my
knowledge of fees paid for estimation 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. 110
Recommended: /J{ Accepted by:
Au~a, GeorgiSi>
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Mayor Date
Or Administrator
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L~Acquisition Manager
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Witness:
Witness:
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Notary R !IC
Notary Pub'~c, ~olumbia County, Georgia
Page 6 of7 Pages My CommIssIon Expires July 27, 2010
The City will provide to Estimator in writing information known to the City regarding existing and
proposed conditions of the Site. The information will include site plans, previous soil data
including borings, field or laboratory tests, and written reports, and notice of all known
hazardous, toxic, and radioactive, pollutant, or irritant conditions at the Site.
Techniques for investigating, mitigating, or remediating hazardous, toxic, radioactive, pollutant,
or irritant conditions are rapidly evolving and new solutions are continually being developed.
Likewise, the standards and regulations being imposed by various government entities are
subject to rapid and continuing change. Given this dynamic situation, Estimator will perform the
Work consistent with that level of core and skill ordinarily exercised by members of its
profession currently practicing under similar conditions. NO OTHER WARRANT, EXPRESSED
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR MERCHANTABILITY AND
FITNES FOR A PARTICULAR PURPOSE, IS MADE RESPECTING THIS AGREEMENT OR
THE EQUIPMENT, DOCUMENTATION, REPORTS, AND SERVICES TO BE PROVIDED
HEREUNDER, OR THE DELIVERY, USE, OR PERFORMANCE THEREOF.
Sampling procedures employed by Estimator during the Work can indicate actual conditions
only at the precise locations from which, and only at the time, samples are taken. Estimator
may make inferences based upon the results of sampling or related testing to form a
professional opinion of conditions in areas beyond those from which samples were taken.
However, because no sampling program can prove the non-existence or non-presence of
conditions or materials, Estimator cannot warrant, represent, or certify the non-existence or non-
presence, or the extent of existence or presence, of conditions or materials and the City will
provide access to the Site for Estimator personnel and equipment as Estimator may deem
necessary to complete the work.
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Page 7 of7 Pages
. . .
ATTACHMENT A
February 9,2007
Augusta Georgia Engineering Department
Land AcquisitionlRight-of- Way
1815. Marvin Griffin Road
Augusta, Georgia 30906
Attn: Jim Williamson, Land Acquisition Manager
Re: Cost-to-Cure Reports Proposal
Alexander ,Drive Improvement Project
GA DOT Project No. STP-000I-00(794), P.I. 001794
ARC Project No. 323-04-296823215
Dear~Mr. Williamson:
-Pursuant to your letter dated January 26,2007, requesting an estimate per
parcel for cost-to-cure reports on 5 parcels for the above referenced project,
and subsequent site review meeting February 7, 2007, we offer the following
proposal for your review and consideration.
Based on recent reports I have done for your department and Ronnie
Brantley with the Georgia DOT over the past 22 years, these proposed
reports will include site visits, photographs, written procedures, analysis of
existing conditions, recommendations, and cost-to-cureestimate for each
parcel number package. The following is a list of parcels, the cost to
provide a report for each parcel, and the number of days following award for
each report to be submitted to you.
F or revising any 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 behalD of the DOT or Public Works, we agree to provide these
services for $400.00 per day or fraction thereof plus $75.00 per diem, or
$200.00 per half day for home based testimony.
1527 Crescent Drive'" Augusta, GA 30909.. Tel (706) 364-1982'" Fax (706) 364-1983
. .
ATTACHMENT A
Parcel Number Fee Quote Number of Days Due
1 $ 700.00 30
2 $ 700.00 30
14-15 $1,300.00 60
17 $ 700.00 30
20 $1,000.00 45
TOTALS: 5 parcels $4,400.00 60 days
As this is a Federal Aid project, all documents and paperwork will be done
according to the Federal guidelines furnished to us by your department.
We are pre-qualified to do this type of work for a Federal Aid project.
We appreciate the opportunity to provide you with this proposal for your
cost-to-cure needs, and look forward to working with you soon. If you
should have any questions, or need further information, please feel free to
call us.
Sincerely,
Gaskin Construction Co., Inc.
()ffia [) ~ ff~ ,9.
Alva D. Gaskin, Jr., PCEA
President
\Alexander Dr. Cost-to-Cure Proposal\