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HomeMy WebLinkAboutHousing And Neighborhood Development Department Augusta Richmond GA DOCUMENT NAME: tiuL~1 n({ and ~hhor hood . 1)3Jcl()~:f- L::q:X1J+mij\+ DOCUMENT TYPE: As r ce. me..l1+ . YEAR: /A 0() 0 BOX NUMBER: I'D FILE NUMBER: 14~D5 NUMBER OF PAGES: '1 \ 'i"' i. i AUGUSTA-RICHMOND COUNTY , HOUSING & NEIGHBORHOOD DEVELOPMENT DEPARTMENT 1I1111~\\ltf,il_'''IIIII' Agreement made as of the ~ day of .j)~eJJ~ in the year of /1'11 Between the Augusta-Richmond County Commission, acting through the Augusta-Richmond County Housing & Neighborhood Development Department One, 10th Street - Suite 430 Augusta, Georgia 30901 the Owner New Hope Community Center, Inc. 1336 Conklin Avenue Augusta, Georgia 30901 and the Design ProfessionaJ (Name, Address and Discipline) Griffith, Graham, and Associates 3662 Wheeler Road Augusta, Georgia 30909 Architects and Engineers For the following Project (Include detailed description of Project, Location. Address, Scope and Program Designation) Renovations to New Hope.Community Center 1336 Conklin Avenue Augusta, Georgia 30901 Project #: ~-99-CD-:005 . The f\..ugusta-Richmond County Housing & Neighborhood Development Department (hereafter referdxi to as HND), the Owner, arid the Design Professional agree as set forth below. Page 1 " '\ Article A: Services A 1.0 Design Professional's Basic Services A. 1.1 Areas of Professional's Basic Services. Unless revised in a written addendum or amendment to this agreement, in planning, designing and administering construction or rehabilitation of the Project, the Design Professional shall provide HND with professional services in the following areas (only those indicated by a check mark): ' 0' Architecture 0' Site Planning o Structural Engineering 0' Mechanical Engineering 0' . Electrical Engineering o Civil Engineering o Landscape Architecture. 0'. Cost Estimating o Construction Contract Administration A 1.2 Phases and Descriptions of Basic Services. A. 1.2.1 Schematic Design/Preliminary Study Phase. After receipt of a Notice to Proceed from HND, the Design Professional shall prepare and deliver Schematic Design/Preliminary Study Documents, These documents sh~l consist of a presentation of the complete concept of the Project, including all major elements of the buildirig(s), and site design(s), planned to promote economy both in construction and in administration and to comply with current program and cost limitations, The Design Professional shall revise these documents consistent with the requirements and criteria established by HND to secure HND's written approval. Additionally, the Design Professional shall make an independent assessment of the accuracy of the iw)rmation provided by HND concerning existing conditions, Documents in this phase shall include the following (only those indicated by a check mark): o Site planes) o Schedule of building types, unit distribution and bedroom count o Scale plan of all buildings, and typical dwelling units 0' Wall sections and elevations o Outline specifications 0' .Preliminary construction co.st estimates o Project specific analysis of codes, ordinances and regulations o Three dimensional line drawings A. 1.2.2 Design Development Phase. After receipt of written approval of Schematic Design/Preliminary Study Documents, the Design Professional shall prepare and submit to I-fNU Design Development Documents~, The Design Professional shall revise these documents consistent with the requirements and criteria established by HND to secure HND's written approval. These documents shall include the following (only those indicated by a check mark): Page: .J . 't '! G~ Drawings sufficient to fix and illustrate project scope and character in all essential design elements G1 Outline specifications G1 Cost.estimates and analysis Ga Recommendations for phasing of construction G2J Site planes) [j Landscape plan m Floor plans Ea Elevations, building and wall sections [J Updated three dim~nsionalline drawings m Engineering drawings A. 1.2.3 Bidding, Construction and Contract Document Phase. After receipt of fiND's written approval of Design DeveiopIl!ent Documents, the Design Professional shall prepare Construl;tion Documents. After consultation with HND and Augusta-Richmond County attorney, if requested by HND, the Design Professional shall also prepare and assemble all bidding and cOntract documents. The Design Professional shall revise these Bidding, Construction and ContraCic documents consistent with the requirements and criteria established by HND to secure HND's written approval. They shall, include in a detailed, manner all work to be performed~ all material; workmanship; finishes and equipment required for the architectural, structural, mechani,cal, electrical, and site work; survey maps furnished by HND; and direct reproduction of any lo~; and subsurface soil investigations. These documents shall include (only those indicated by a cht:;ck mark): (J Solicitation for Bids tJ Form of Contract [{J Special Conditions I:J General Conditions [{J Technical Specifications I~ Plans and drawings I~ Updated cost estimates A. 1.2.4 Bidding and Award Phase. After written approval of Bidding, Construction and . Contrad Documents from HNb, the Design Professional shall assist in administering the bidding and award of the Construction. Contract. This shall include (only those indicated by a check mark): I~ Responding to inquires I~ Drafting and issuing addendum approved by HND I~ Attending pre-bid conference(s) I~ Attending public bid openings. I~ Reviewing and tabulating bids i~ Recommending list of eligible bids I~ Recommending award ;~ Altering drawings and specifications as often as required t9 award within the Estimated Construction Contract Cost Page 3 ~...~ '~ A. 1.2..5 Construction Phase. After execution of the Construction Contract, the Design Professional shall in a prompt and timely manner administer the Construction Contract and all work required by the Bidding, Construction and Contract Documents. The Design Professional shall endeavor to protect HND against defects and deficiencies in the execution and performance of the work. The Design Professional shall: o Administer the Construction Contract. 0' Conduct pre--::onsrructicn conference and attend dispute resolution conferences and other meetings when requested by HND, o Review and approve contractor's shop drawings and other submittals for conformance to the requirements of the contract documents. o At HND's written request, and as Additional Service, procure testing from qualified parties. o Monitor the quality and progress of the work and furnish a written field report: o weekly, o semimonthly, o monthly, 0' or as requested by HND. This service shall be limited to a period amounting to 110% of the construction period as originally established under the construction contract unless construction has been delayed due to the Design professional's failure to' properly perform its duties and respon.sibilities. HND may direct additional monitoring but only as Additional Services. o Require any sub-consultant to provide the services listed in this section where and as applicable and to visit the Project during the time that construction is occurring on the portion of the work related to its discipline and report in writing to the Design Professional. o Review, approve and submit to fIND the Contractor Requests for Payment. o Conduct all job meetings and record action in a set of. minutes which are to be provided to HND, o Make modifications tq Construction Contract Documents to correct errors, clarify intent or to accommodate change orders, o Make recommendations to HND for solutions to special problems or changes necessitated by conditions encountered in the course of construction, ,0 Promptly notify HND in writing of any defects or deficiencies in the work or of any matter of dispute with the Contractor. o Negotiate, prepare cost or price analysis for and countersign change orders, o Prepare written punch list, certificates of completion and other necessary construction close out documents, o Prepare a set of reproducible record prints of Drawings showing significant changes in the work made during construction. including the locations of underground utilities and appurtenances referenced to permanent surface improvements, based on marked-up printS, drawings and other data furnished by the contractor to the Design Professional. Page 4 't, '~ A. 1.2.6 Post Completion/Warranty Phase. After execution of the Certificate of Completion by HND, the Design Professional shall (onfy those indicated by a check mark): o Consult with. and make recommendations to HND during warranties regarding construction, and equipment warranties, o Perform an inspection of construction work, material, systems and equipment no earlier than nine mon~hs and no later than ten months after completion of the construction contract and make a written repon to HND, At HND's request, and by Amendment to the Additional Services section of this contract, conduct additional warranty inspections as Additional Services, o Advise and assist HND in construction matters for a period up to eighteen months after completion of the project, but such assistance is not to exceed forty hollfS of service and one non-warranty trip away from the place of business of the Design Professional. A. 1.3 Time of Performance. The Design Professional's schedule for preparing, delivering and obtaini)[lg HND's approval for Basic Services shall be as follows (only those indicated by a check mark): o Schematic Design/Preliminary Study Documents within ~ calendar days from the date of receipt of a Notice to Proceed. o Design Development Documents within ~ ~alendar days from the date of receipt of written approval byI-IND of Schematic DesignJPreliminary Study documents. o Bidding, Construction and Contract Documents within ~ calendar days from the date of receipt of written approval by HND of Design Development Documents, A. 2.0 Design Professional's Additional Services A. 2.1 Description of Additional Services. Additional Services are all those services provided by the Design Professional on the Project for HND that are not defined as Basic Services in Article A, Section 1.2 or otherwise required to be performed by the Design Professional under this Agreement. They include major revisions in the scope of work of previously approved drawings, specifications and other documents due to causes beyond the control of the Design Professional and not due to any errors, omissions, or failures on the part of the Design Professional to carry out obligations otherwise set out in this Agreement. A.2.2 Written Addendum or Contract Amendment. All additional services not already expressly re9uired by this agreement shall be agreed to through either a written addendum or amendment to this Agreement. Page 5 .- Articlt~ B: Compensation and Payment B. 1.0 Basic Services R 1.1 Fixed Fee for Basic Services. HND will pay the Design Professional for Basic Services perfonned as defined by A.l.2, a Fixed Fee (stipulated sum) of: ,Thirteen Thousand Dollars ($13.000.00) plus R,~imbursable Expenses identified in Article B.2.0, Such payment shall be compensation for all Basic Services required, performed, or accepted under lIDS Contract. "" B. 1.2 Payment Schedule. Progress payments for Basic Services for each phase of work shall be mad~ in proportion to services pe~ormed as follows (only those indicated by a check mark): B. 2.0 Reimbursables B.2.1 Reimbursable Expenses. HND will pay the Design Professional for the Reimbursable Expem,es listed below up to a Maximum Amount of $ 500.00. Reimbursable Expenses are in addition to the Fixed Fee for Basic Services and are for certain actual expenses incurred by the Design Professional in connection with the Project as enumerated below, B. 2.1..1 Travel Costs. The reasonable eXpense of travel costs incUrred by the Design Professional when requested by HND to travelto a location that lies outside of a 45 mile radius of either the Project site, Design Professional's office (s), and HND's office. B. 2.1.2 Long Distance Telepbone Costs. Long distance telephone calls and long distance FAX costs. B. 2.1.3 Delivery Costs. Courier services and overnight delivery costs, B. 2.104 Reproduction Costs.. Reproduction and postage costs of required drawings, specifications, Bidding and Contract documents, excluding the cost of reproductions for the Design Professional or Subcontractor's own use. Page 6 ;> B. 2.1.5 Additional Reimbursables. The Design Professional and HND may agree in an addendum or amendment to this Agreement to include certain other expenses not enumerated . above as Reimbursable Expenses, These Reimbursables shall not be limited by the Maximum Arnowlt agreed to above, A separate Maximum Amount for these Reimbursables shall be established, B. 3.0 Additional Services B.3.1 Payment for Additional Services. HND will pay the Design Professional only for Additional Services agreed to in an addendum or amendment to this Agreement executed by HND ,md the Design Professional pursuant to A.2. Payment for all such Additional'Services shall be in an amount and upon the terms set out in such amendment or addendum and agreed upon by the parties. Each such amendment or addendum shall provide for a fixed price or, where payment for such Additional Services is to be on an hourly basis or other unit pricing method, for a maximum amount; each such amendment or addendum shall also provide for a method of payment, including, at a minimum, whether payment will be made in partial payments or in lump wm and whether it will be based upon percentage of completion or services billed for. B. 4.0 Invoicing and Payments B. 4.1 Invoices. All payments shall require a written invoice from the Design Professional. Invoices shall be made no more frequently than on a monthly basis. Payments for Basic Services shall be in proportion to services completed within each phase of work. When requesting such payment, the invoice shall identify the phase and the portion completed. All invoices shall state the Agreement, name and address to which payment shall be made, the services completed and the dates of completion, and whether the invoice re.quests payment for Basic Services, Reimbursable or Additional Services. Invoices seeking payment for Reimbursable or Additional Services must provide detailed documentation. B. 4~2 Time of Payment. Upon the Design Professional's proper submission of invoices for work performed or reimbursable expenses, HND shall review and, if the work is in conformance with the terms of the Agreement, make payment within ten (10) working days of HND' s receipt of the invoice, Page 7 4., Article C: Responsibilities C. 1.0 Design Professional's Responsibilities C. 1.1 Basic Services. The Design Professionals shall provide the Basic Service set out In Aniele A.l.O, C. 1.2 Additional Services. When required under this Agreement or agreed to as set out in A.2.0, the Design Professional shall provide Additional Services on the Project. C. 1.3 General Responsibilities. The Design Professional shall be responsible for the professional quality, technical accuracy, and coordination of all designs, drawings, specifications, and other services, furnished by the Design Professional under this Agreement. fIND's review, approval, acceptance of, or payment for Design Professional services shall not be construed as a waiver of any rights under this Agreement or of any cause of action for damages caused by Design Professional's negligent performance under this Agreement. Furthermore, this Agreement does not restrict or limit any rights or remedies otherwise afforded fIND or Design Professional by law, C. 1.4 :Oesigning Within Funding Limitations. The Design Professional shall perform service::;, required under this Contract in such a manner so as to cause an award of a Construction Contract( s) that does not exceed: 0) $ I SO, ~ tJ 0 I or (2) an amount to be provided by fIND in writing to the Design Professional prior to the commencement of Design Professional services. This fixed limit shall be called the Maximu.m Construction Contract Cost. The amount may be increased . by fIND, but only with written notice to the Design Professional. If the increase results in a change to the scope of work, an amendment to ~is Agreement will be required. The Design Professional and fIND may mutually agree to decrease the Maximum Construction Contract Cost, but only by signing a written amendment to this Agreement. Should bids for the Construction Contract(s) exceed the Maximum Construction Contract Cost, HND has the right to require the Design Professional to perform redesigns, re-bids and other services necessary to cause an award of the Construction Contract within the Maximum Construction Contract Cost without additional compensation or reimbursement. C. 1.5 Compliance with Laws, Codes, Ordinances and Regulations. The Design Professional shall perform services that conform to all applicable Federal, State and local laws, codes, ordinanlces and regulations except as modified by any waivers which may be obtained with the approval of HND, The Design Professional shall certify that Contract Documents will conform to all applicable laws, codes, ordinances and regulations, The Design Professional shall prepare all construction documents required for approval by all governmental agencies having jurisdic::ion over the project, The Design professional shall make all changes in the Bidding and Construction Documents necessary to obtain governmental approval without additional compensation or reimbursement, except in the following situation: If subsequent to the date HND issues a notice to proceed, revisions are made to applicable codes or non-federal Page 8 regulations, the Design Professional shall be entitled to additional compensation and reimbursements for any additional cost resulting from such changes, The Design Professional, howev'er, is obligated to notify HND. of all significant code or regulatory changes within sixty (60) days of their change, and such notification shall be required in order for the Design Profes~;ional to be entitled to any additional compensation or reimbursement. C. 1.6 Seal. Licensed Design Professionals shall affix their seals and signatures to drawings and specifications produced under :his Agr~ement when required by law, C. 1.7 Attendance at Conferences. The Design Professional or designated representative shall attend project conferences and meetings involving matters related to basic services covered under 1his contract. Attendance at community wide meetings shall be considered an additional servIce, C. 2.0 HND's Responsibilities C. 2.1 Information. HND shall provide information regarding requirements for the project, including a program that shall set forth HND's objectives and schedule. HND shall also establish and update the Maximum Construction Cost. This shall include HND's giving notice of work to be performed by HND or others and not included in the Construction Contract for the Project. The Design Professional, however, shall be responsible to ascertain and know federal requirements and limitations placed on the Project. C.2.2 Notice of Defects. If HND observes or otherwise becomes aware of any fault or defect in the construction of the project or nonconformance with the Construction Contract, HND shall give prompt written notice of those faults, defects or nonconformance to the Design Professional. C.2.3 HND Rehabilitation Inspectors. HND Rehabilitation Inspectors shall be authorized to act on HND's behalf with respect to the design and construction of the Project. The HND Rehabiilitation Inspector shall examine documents submitted by the Design Professional and shall p:romptly render decisions pertaining to those documents so as to avoid unreasonably delaying the progress of the Design Professional's work. C. 2.4 Duties to Furnish. HND shall provide the Design Professional the items listed below. C. 2.4.1 Survey and PropertY Restrictions. HND shall furnish topographic, property line and utility information as and \Vhere required, HND may at. its election require the Design Professional to furnish any of these items as an Additional Service, C. 2.4.2 Existing Conditions. The Owner shall provide the Design Professional any available "as built" drawings of buildings or properties, architect surveys, test. reports, and any other written: information that it may have in its possession and that it might reasonably assume affects the work. Page 9 i' C. 2.4..3 Waivers. fIND shalf provide the Design Professional information it may have obtained on any waivers of local codes, ordinances, or regulations or standards affecting the design of the Projec~. C~ 2.4.4 Minimum Wage Rates. fIND shall furnish the Design Professional the schedule of minimum wage rates approved by the U.S. Secretary of Labor for inclusion in the solicitation and Contract Documents. ~ C. 2.4,,5 Tests. When expressly agreed to in writing by both HND and the Design Professional, fIND shall furnish the Design Professional all necessary structural, mechanical, chemical or other laboratory tests, inspections and reports required for the Project. C. 2.4,,6 Contract Terms. HND or its legal counsel may provide the Design Professional text to be incorporated into Bidding and Construction Contract Documents. Page 10 ~;: Articlt~ D: Contract Administration D. 1.0 Prohibition o( Assignment. The Design Professional shall not assign, subcontract, or transfer any services, obligations; or interest in this Agreement without the prior written consent of HND. Such consent shall not urtreasonably be withheld when such assignment is for financing the Design Professional's performance, D. 1.1 Ownership of Documents. All drawings, specifications, studies and other materials preparl~ under this contr:act shall be the property of HN1) and at the termination or completion of the Design Professional's services shall be promptly delivered to HND, The Design Professional shall have no claim for further employment or additional compensation as a result of a'(ercise by HND of its full rights of ownership, It is understood, however, that the Design Profes:;ional does not represent such data to be suitable for re-use on any other project or for any other purpose. If HND re-uses the subject data without the Design Professional's written verification, such re-use will be at the sole risk of HND without liability to the Design Profes:;ional. D. 1.2 Substitutions. A. The Design Professional shall identify in writing principals and professional level employees and shall not substitute or replace principals or professional level employees without the prior approval ofHND which shall not unreasonably be Withheld. B. The Design ProfeSsional's personnel identified below are considered to be essential to the work effort. Prior to diverting or substituting any of the specified individuals, the De:,ign Professional shall notify HND reasonably in advance and shall submit jusitification, including proposed substitutions, in sufficient detail to permit evaluation of the impact on the contract. No diversion or substitution of such key personnel shall be made by the Design professional without the prior written consent of HND. D. 1.3 Suspension. !-fr.fD may give written notice to the Design Professional to suspend work on the project or any pan thereof. I-:I:NTI shall not be obligated to consider a claim for additional compensation if the Design Professional is given written notice to resume work within 120 . calendar days, If notice to resume work is not given within 120 calendar days, the Design Profes~,ional shall be entitled to an equitable adjusunent in compensation, D. 1.4 Subcontracts. The Design Professional will cause all applicable prOVISIons of this Agreement to be inserted in all its subcontractS. Pa!!e 11 . D. 1.5. Disputes. In the event of a dispute arising under this Agreement, the Design Professional shall notify HND promptly in writing and submit its claim in a timely manner. HND shall respond to the claim in writing in a timely manner. The Design Professiqnal shall proceed with its work hereunder in compliance with the instructions of HND, but such compliance shall not be a waivl~r of the Design Professional's rights to make such a claim. Any dispute not resolved by this procedure may be determined by a court of competent jurisdiction or by consent of HND and Design Professional by other dispute resolution methods, D. 1.6 Termination. HND may terminate this Agreement for HND' s convenience or for failure of the Design Professional to fulfill contract obligations, HND shall terminate by delivering to the Design Professional a Notice of Termination specifying the reason therefore and the effective date of termination. Upon receipt of such notice, the Design Professional shall immed:lately discontinue all services affected and deliver to HND all information, reports, papers, and other materials accumulated or generated in performing this contract whether completed or in process. If the termination is for convenience of HND, HND shall be liable only for payment for accepted services rendered before the effective date of termination. D. 1.7 Insurance. The Design professional shall carry Commercial or COII!?rehensive General Liability Insurance, Professional Liability Insurance (for a period extending two years past the date of completion of construction), and other insurance as are required by law, all in minimum amounts as set forth below. The Design Professional shall furnish HND certificates of insurance and they shall state that a thirty day notice of prior cancellation or change will be provided to HND, Additionally, HND shall be an additional insured on all Commercial or Comprehensive General liability policies. Insuran ce GaJEP-A-L-- LJ A-~I (...1 TY Limits or Amount #1; ~I O-O~. co D. 1.8 Retention of Rights. Neither HND's review, approval or acceptance of, nor payment for, the services required under this contract shall be construed to openite as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contraCi:, and the Design Professional shall be and remain liable to HND and the Owner in accordance with the applicable law for all damages caused by the Oesign professional's negligent performance of any of the services furnished under this contract. Page 12 ','t- Article E: Additional Requirements E. 1.0 Contract Provisions Required by Federal Law or the U.S. Department of Housing and Ur'ban Development (HUn). E. 1.1 Contract AdjustmentS. Notwithstanding any other term or condition of this Agreement, any set11ement or equitable adjustment due to termination, suspension or delays by HND shall be negotiated based on the cost principles stated at 48 CFR Subpart 31,2 and conform to the Contract pricing provisions of 24 CFR 85.36 (f). E. 1.2 Additional Services. HND shall perform a cost or price analysis as required by 24 CFR 85,36 (f) prior to the issuance of a contract modification/amendment for Additional Services. Such Additional Services shall be within the general scope of services covered by this Agreement. The Design Professional shall provide supporting cost information in sufficient detail to permit HND to perform the required cost or price analysis, E.1.3 Restrictive Drawings and Specifications. In accordance with 24 CFR 85,36(c)(3)(i), the Design Professional shall not require the use of materials, products, or services that unduly restrict competition. E. 1.4 :Design Certification. Where fIND is required by federal regulations to provide HUD a Design Professional certification regarding the design of the Projects (24 CFR 968.235, 905,260 and 905,639), the Design Professional shall provide such a certification to HND, E. 1.5 Retention and Inspection of Records. Pursuant to.24 CFR 85.26(i)(1O) and (11), access shall be given by the Design Professional to HND, HUD, the Comptroller General of the United States, or any of their duly authorized representatives, to any books, documents, papers, and records of the Design Professional which are directly pertinent to that specific Contract for the purpose of making an audit, examination, excerpts, and transcriptions. All required records shall be retained for three years after HND or Design Professional and other sub-grantees make final payments and all other pending matters are closed, E. 1.6 Copyrights and Rights in Data. HUD has no regulations pertaining to copyrights or rights in data as provided in 24 CFR 85.36, HUD requirements and Section 1.12 of the General Conditions to the HND Construction Contract requires that contractors pay all. royalties and license fees, All drawings and specifications prepared by the Design Professional pursuant to this contract' will identify any applicable patents to enable the general contractor to fulfill the requirerilents of the construction contract. E.1.7 (onflicts of Interest. BaSed in part on federal regulations (24 CFR 85.36(b)), no employe:e, officer, agent of HND, or Augusta-Richmond County elected official shall participate in seieCljon, or in the award or administration of a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a contlict would arise when: Pa2:e 13 ; A. The employee, officer, agent, or elected otticial, B. Any member of his or her immediate family, C, ]f-!is or her parmer, or D, An organization that employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award, HND's officers, employees, agents, or Augusta-Richmond County elected officials will neither solicit nor accept gratuities, favors or anything of monetary value from Contractors, or parties to sub-agreements. Augusta-Richmond County or lINn may set minimum rules where the fmancial interest is not substanlial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards or conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's and sub-grantee's officers, employees, or agents or by Contractors or their agents. The awarding agency may in regulation provide additional prohibitions relative to real, apparent, or potential conflict) of interest. Neither END nor any of its contractors or their subcontractors shall enter into an~' Contract, subcontract, or agreement, in connection with any Project or any property included or planned to be included in any Project, in which any member, officer, or employee of HND, or any member of the governing body of the locality in which the Project is situated, or any member of the governing body of the locality in which HND was activated, or in any other public official of such locality oclocalities who exercises any responsibilities or functions with respect to the Project during hislher tenure or for one year thereafter has any interest, direct or indirect, If any such present or former member, officer, or' employee of HND, or any such governing body member or such other public official of such locality or localities involuntarily acquir~i or had acquired prior to the beginning of hislher tenure any such interest, and if such interest is immediately disclosed to HND and such disclosure is entered upon the minutes of HND, HND, with the prior approval of the Government, m'ay waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employee of HND shall not participate in any action by END relating to such contract, subcontract, or arrangement. No member, officer, or employee of HND, no member of the governing body of the locality in which the project is situated, no member of the governing body of the locality in which HND was activated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the project, during hislhertenure or for one year thereaft,er, shall have any interest, direct or indirect, in this contract or the proceeds thereof. E. 1.8 I)isputes. In part because of ffiJD regulations (24 CFR 8S,36(i)(l)), this Design Professional Agreement, unless it is a small purchase contract, has administrative, contractual, or legal remedies for instances where the Design Professional violates or breaches Agreement terms, and provide for such sanctions and penalties as may be appropriate, E. 1.9 Termination. In part because of HlJD regulations (24 CFR 85.36(i)(2)), this Design Professional Agreement, unless it is for an amount of $10,000 or less, has requirements regardir;lg termination by HND when for cause or convenience, These include the manner by which the termination will be effected and basis for settlement. E. 1.10Interest of Members of Congress. Because of the use by HND of Federal funding from HUD, no member of or delegate to the Congress of the United States of America or Resident Commi~;sioner shall be admitted to any share or pan of this Contract or to any benetit to arise from It, Pa!Le 14 -~' .. E. 1.11 Limitation of Payments to Influence Certain Federal Transactions. The Limitation on Use of Appropriated Funds to Intluence Certain Federal Contracting and Financial Transactions Act, Section 1352 of Title 31 USe., provides in part that no appropriated funds may be expended by recipient of a federal contract, grant, loan, or cooperative agreement to pay any person, including the Design Professional, - for influencing or attempting to influence an officer or employee of Congress in connection with any of the following covered Federal actions: the awarding of any federal contract, the making of any Federal grant, the making of any federal loan, the entering into of any coolJerative agreement, and the extension, continuation, renewal, amendment, or moditication of any federal contract, grant,. loan, or cooperative agreement. E. 1.12Employment~ Training, and Contracting Opportunities for Low-Income Persons, Section 3 of the Housing and Urban Development Act of 1968. A. The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.s.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-aSsisted p~ojects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135" which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. e. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the con1ractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice, The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each;. and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. . D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a findilng that the subcontractor is in violation of the regulations in 24 CFR part 135, The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135, Page 15 . E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135, F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default:, and. debarment or suspension from future HUD assi~;ted contracts. E. 1.13Clean Air and Water. (Applicable to contracts in excess of $100,000). Because of 24 CFR 8S.36(i)(12) and Federal law, the Design Professional shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 Us,c. 9 1857h-4 transferred to 42 use.s 7607, section 508 of the Clean Water Act (33 Us,c. S 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15), on ,. all contracts, subcontracts, and sub-grants of amounts in excess of $100,000, E. 1.14Energy Efficiency. Pursuant to Federal regulations (24 CFR 85,36(i)(13)) and Federal law, the Design Professional shall comply with the mandatory standards and policies relating to energy efficiency which are cOntained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163 codified at 42 USCA. S 6321 et. seq.). E. 1.151trevailing Wages. In accordance with Section 12 of the US. Housing Act of 1937 (42 US,c. 1437j) the Design Professional shall pay not less than the wages prevailing in the locality, as determined by or adopted (subsequent to a determination under applicable State or local law) by the Secretary of HOD, to all architects, technical engineers, draftsmen, and technicimls, E. 1.16llrohibition Against Liens. The Design professional is Prohibited from placing a lien on HND's property, This prohibition shall be placed in all design professional subcontracts. Article F: Other Owner ReqU.irement~ (if any) (Continu.e on additional pages as necessary) Page 16 ..., W: ~, This Agreement is entered into as of the day and year t written above. Augusta-Richmond County: ----- tp.-U ~~ fI! , . Owner: Design Professional: tlotw y. /+0 ~ P\bIIQ. AJd'rnOOd Cos'ftY. G8 NoUIrv ~ 25 2002 ~CUlml~on~ ' i - ~ - ().WO Page 17 BOB YOUNG (print Name) \ MAYOR (print Title) ({\ (print N e) r::ry'ecu hlle ])1'ffCW (p~ Title) , Griffith. Graham. and Associates (S~)'~O~. ~.'-Jla.""So~ G ~~~~ (print Name) ~(2.~S\~G~-r (print Title)