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HomeMy WebLinkAboutTRADE FIXTURE ESTIMATOR PATTI FISHER J, CITY OF AUGUSTA ESTIMATOR AGREEMENT PROJECT St. Sebastian Way/Greene St./15th St.. DE-OOMS(389) PI# 262750 COUNTY Richmond A. Acquisition and Relocation Services, Inc., hereby agrees to value certain elements on parcels in 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 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 per day or fraction thereof $75 per diem $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 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 nor combination thereof, the following regulations will apply: a. The City of Augusta shall have final approval of the Trade Fixture Estimator. Patti Fisher 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 (Designated Estimator) leaves the Estimator's employ, the Estimator shall assign this agreement, without limitation, to Patti Fisher (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 Patti Fisher 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 ser 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 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 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 Patti Fisher , 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 ~. J-~ Patti Fisher ' Signed Sealed and Delivered I n the Presence of: ~ t.;?(J)U ~ Notary Pu~ 0' , Address: j) I J. 5er-v:ct's "J:H- (Seal): fttf/..fA./s:f: Of\- ~ ^elrX()....r; ~ · I ' My Commission Ex!;;!ires: , f) , .J.. Notary Public, C1ayto~ County, Georgia ^f3Cpo fJ?>d(A.,ft7U..,f<. !Jr,'le My Commission expires 000.1, 2007 ~dcu-. Cr/l 3c>og~ , 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. L);a7r. ;7~ Signature of Designated Estimator Signed Sealed and Delivered In the Presence of: ~/YA- · Notary PubliG! / - v Add res,s: ,J. CIL 0 I .of; Se"jI:ct'sJH~ (Seal): II c~u IS,,-. {iM.. T ^~/O('a.. · A /j)...... "', My Commission Expires: 43{PO /joAl)-fJlArl~.. /J,-; ve r~"~'l :""ut:::, ':l:;:rt~n CO"t'lty ~~ __ _ 1 /7 .A . / My Commission expires Dee. 1.2001 / w c.c..e.r c..:s-n ~8' "'f I 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. K r/ f Recommended: ~1AccePted by: cJ ~ ~Org~ 5/fCI/6Ei ~~~~",inistl ~ . Chief Reviewing Appraiser ~~~~7s~;' Witness: '-JNfiN.~' ,-W~/j 0~' ~~ (ff'/J ~ Notary Public ~ :- '-. : ~PwJ/c,R1chmond County, Georgll -;. Page 6 of 7 Page$.;,~~IlII_&pJreaMaY31,200.5 . '/I"7!)- .. . ) F ATTACHMENT A Acquisition & Relocation Services, Inc. 4360 Bonaparte. Drive - Tucker, Georgia . 30084-404-408-9441 . .. . March 16, 2005 .Mr. Ji~ Williamson City .0fAugusta . Larid,A6quisitjon Supervisor Engineering '. Division.':PreConstruction Section 1815 MarvinGriffin Road . Augusta. Georgia 30906 ,Re:, St. SebastianWay/Gree,ne StJ15th St. Project Georg:ia Q.O.T~ ProjectNo.DE-00MS(389) ARC Project No. 327-04-296812003 . Dear Jhn: . . Thank you for taking the' time. to ride the project with u~.This is an exciting arid . complicated.project. I am 'pleased to'submi.tthis proposal for Trade Fixture ." Reports and Moving Cost Estimates for the following parcels: 29 35 39/40 51 : Business 'Name Electrical~quipment Co.' . . Charles HQlbrook (Limited Access) WiUie JohnsOn/Classic Car Care The Augusta Theatre C,o., Inc. . . ,(LimitedAccass) . Miller' Printing Safeco Insurance Co. Silver Sheet.Metal.lnc. . . . Holmes Service Fee $5,600 . $2,100 . $.' 750 $ 2,300 Parcel.. 12 15 21 , 25 . $ '.6,.40~, . $' 1 ,500 $ , 4;800 $ . 1 800 . , . , ' Please let me know if you have any questions or need additional information. Thank you again for the opportunity t6 submit a propOsal for this. project. ' I look forward tbhearing from YC)U. . , Yours very truly,. . ' 0~..;?~ Patti Fisher Page 7 of 7 """",. ~/ r I' II I CITY OF AUGUSTA ESTIMATOR AGREEMENT .. PROJECT St. Sebastian Way/Greene St./15th St., DE-OOMS(389) PI# 262750 COUNTY Richmond A Relocation Estimator hereby agrees to provide certain reports on parcels in 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 estimation, the anticipated contents of the report, 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, Jerry Routon 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. 2. EstimatorlDesignated 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 reports to the City of Augusta not later than the date(s) shown as attached. Page 1 of 8 Pages It is mutually agreed between the City of Augusta hereinafter referred to as the "City" and Jerry Routon 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 extensio'n 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 report 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 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 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 of 8 Pages b. Non discrimination: The contractor, with regard to the work perform'ed 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 ser 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 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 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 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: liAs part of the subcontracting agreement with Jerry Routon, 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 /, 0 m 1I!?t2. ON rK oA i) Y:,.q ., eTrE III LL e &- A . 3o"Z1 S' J ~\\\\"nllrrrntllh~ A.~.. '-' ........ II;' ~ oJ..:.dl.... .. ,.....,~~ ...J\..,.-""" ~=-..,- ~ !IS .A v- ~ . ~ I::ii*l...~ JUN.~ ~... ~ ~ : I;; CP~ ~ -. 05 .*- = ........ . = - . ""~. .- a ~.~ 2005 ;;s.:. ~ ~A'-~ cf!).;::: ~~v. ,.v4' ~~Y.' ~ ~ '~". NT. ~.,\v ~ ~';q b" ...... a.v ~ ~//, ryy pUv~~ 'II/II/lUll/ii 11\\\\\\\'\ Jer~~ j, (2){.- Address: 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. ~, e~Y-/ Signed Sealed and Delivered In the Prese · Ilhlh~ A ~ .r;t: Iv~ . .... J-~ ~.A ~.. ~ I::ii* ....~ ~.. ~ (Seal): fl i JUNe 'c1>~ ~ My Commission EXP(;:='5~.( ~ .it; ~. ~f::;j. ~ ~O;:...~OUNN. ~.,<v~ ~ -<it:?" ..... a.v'" ~ ~)~ y pU v ~~~ '111/111/ l1/ Iill\\i \\ \\\~ 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. ~ ~ Address: /(00 n1ARRoN RI). r::~'1 ( +...l<.u', \I~, (.,c.< I '3 02,1 ~ Recommended: Accepted by: A ,eor ia ~l.~ Chief Reviewing Appraiser ~ IJ~--"- L~Acquisition Supervisor. Witness: V ,A(Ad,J ~/ ~. Notary Public .~ : . ~PIJ11Iw,Blcliml)iKl COml!y, Georg!u ~.: . >, Page 6 of 8 pa~~f~~_31,2005 -""".;; ///rft '/ 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. Page 7 of 8 Pages Attachment "A" Jerry L. Routon- Relocation Consultant 160 MARRON ROAD F A YETTEVILLE~ GA. 30215 April 19, 2005 .Augusta Public Warks and Engineering Attn.: Mr. Jim Williamsan 18.15 Marvin Griffin Raad Augusta, Geargia 30906 Re:Praject- St Sebastian Way/Greep.e St./t5t St. Praject GADOT Praject No.. DE-00MS(389) P.I. 262750 ARC Project No.. 327-04-296812003 File Reg. 05-014(A) Dear Jim: Listed and describedbelaw is my estimate to. co.tripletea business relo.catianassistance package an appro.ximately sixteen displacements fo.r the subject proj~ct. This number was o.btained while discussing the pro.ject with Mr. Eric Murray, who. info.rmed me that there is approximately twelve businesses and appro.ximately fo.ur owners o.f parcels who. will be entitled to. a re..establishment package.. , . Each relocatio.n package will co.ntain: (a) Relo.catio.n Availability Letter and Natice to Vacate (b) All Pertinent Relacatian Farnis The packages will be reviewed and approved by Georgia DOT Relocation Assistance section; . . . Total Fee for services: $500.00 maximum. This is approximately $30.00 per package. Please note that I was infonited by Mr. Eric Murray thatall business interViews have been completed and that all the business moving estimates are being. clone by the person .' assigned to complete the trade fixture reports. The above maximum figure af$500.00 is contingent upon these interviews and moving estimates being sent to. me. If I sho.uld be required make any trips to. the project, I would need to re-nego.tiate for the tUne invalved. . Thank you fo.r your consideratio.n. Sincerely, ~j ~ p. . y-" I""^ /.), J L.t Ro.uton CITY OF AUGUSTA ESTIMATOR AGREEMENT PROJECT St. Sebastian Way/Greene St./15th St.. DE-OOMS(389) PI# 262750 COUNTY Richmond . A Sign Estimator hereby agrees to value certain elements on parcels in 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 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 $200.00 per day or fraction thereof 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 Sian Estimator chosen by a firm, partnership or 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~J' 1I;?~:1f&aves the Estimator's emRloy, the E~mator shall assign this agreement, without limitation, to ~1?l( rc-n-.es (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 8 Pages It is mutually agreed between the City of Augusta hereinafter referred to as the "City" and AAA Siqns 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. Inthe 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 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 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 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 ppssession 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 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 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 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 AAA Sions, Ray Peters 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 Address: 'AO($' ~.Je ~tu.A.. --'Au.~ u.s~ 1 bA- 3o?/)"" .. " (Seal): My COZ'iS~i'7" Expires: x: </lcK - . , . 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. Address: 6J.O/S w~s2e9-P ~~ ~~u.~, a4 -'e~o~ -, (Seal): My Commission Expires: -, .. ~ tr/Jlb 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. ~ Accepted by:' . Reco~~ded:.. 2<i!- As, eorgia .r-f,/u '05 ~~ t:J~-1 01/71 ~cquisition Supervisor te ~ Witness: /)ClA&L. iJ 17J[j(~ NotaryMlic Notary Public. Colum~la County, Georgifj My Commission Expires Aug. 1,2000 Page 6 of 8 Pages "The city will provide to Estimator in writing information known to the City regarding exi!?ting 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. Page 7 of 8 Pages . ' ATTACHMENT A I AAA Sign Comp~ny, I~ P.O. Box 211410 2015 Westside Drive Augusta, Georgia 30917 Phone(706)860~890 Fax (706) 860-6894 t To: Jim Williamson j.t From: Ray Peters, Jr. Co: Augusta Public Works & Engineering Date: May 6, 2005 Fax: (706) 796-5045 Pages: 2 (including cover) Re: Signs on St. Sebastian Way Project CC: o Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle Per your request is your bid(s) for individual appraisals per the attached. Please call if you have any questions. 1. MCG 2. University Hospital 3. Mullins Lab 4. Twiggs 5. Enterprise Mill 6. Byrd & Creed 7. Classic Car 8. Baggott Property 9. Miller Printing 10. Insurance Center 11. GA Power 12. Roberts. Service 13. Augusta Public 14. Sliver Metals $265.00 $265.00 $150.00 $150.00 $150.00 $150.00 $150.00 $ 50.00 $150.00 $150.00 $150.00 $150.00 $265.00 $150.00 I f1 _I I.ce fa ;7YtJceecl, C~I'~ 30 e:l~ 'fY'~ KlJT"( ~ 8 of 8 ~ csi;~aJ:W