HomeMy WebLinkAboutAUGUSTA BEAUTIFICATION PROGRAM AGREEMENT JOHNSON LASCHOBER & ASSOCIATES.k $, tt.
This Agreement is made and entered into as of the day of 'crl , 2012, between Augusta, Georgia, a
political subdivision of the State of Georgia, (hereinafter referred to as the Sponsor) and Johnson, Laschober
& Associates, P.C. (hereinafter referred to as the Company.)
Sponsor and Company recognize the need and the desirability of landscaped and well- maintained roadway
right of way. The Augusta Beautification Program has been established for Companies /Organizations to
contribute towards the effort of maintaining cleaner and more beautiful professionally landscaped roadways.
For and in consideration of Sponsor's grant of permission for Company to re- landscape a section of right of
xvay as set forth herein, and for and in consideration of the mutual promises and, covenants as herein
contained, Company hereby agrees to participate in the Augusta Beautification Program in accordance with
the following terms and conditions.
A. Company does hereby agree:
AUGUSTA BEAUTIFICATION PROGRAM AGREEMENT
To be responsible for and commit to bear the costs of the design, purchase, installation,
implementation and physical maintenance (but not watering or traffic Control) ofa landscape
plan for Broad Street Median between 13` and 15' Street (the section of roadway hereinafter
referred to as "roadway section ") and promote a better environment in the community for a
period of one year beginning Q — (8. , 2012 (same date listed above) and ending
2013 (one year later).
To be responsible for the development and implementation ofa landscape plan for roadway
section subject to approval of such plan by the Augusta BeautificationlOversight Committee
which includes Department of Traffic Engineering, Planning & Zoning, Recreation, Parks &
Facilities, and the Augusta Convention & Visitors Bureau.
3. To provide for ongoing maintenance, which adheres to all city and or state landscaping
regulations, of the roadway section at Company's own expense. The parties recognized that
the roadway section belongs to the Sponsor, and Company and its subcontractors shall not he
liable for auto accidents or other accidents or incidents occurring to non - employees at or
around the roadway section. Company hereby releases Sponsor from any claims arising out
of Company's failure to maintain roadway section.
4. To hold Sponsor, their employees, officers and agents harmless from and against any and all
injuries or damages that Company, Company's employees or agents play suffer or against
any and all damages or injuries they may cause as a result of installation and/or maintenance
of the landscape plan arising out of this Agreement.
5. To perform all work or cause all work to be performed in a workmanlike manner, in the
exercise of due care and follow safety guidelines in the implementation of the terms of this
Agreement.
6. To certify to Sponsor that in instances where the Company performs the work, the Company
has public liability, workers compensation and property damage insurance in the following
amounts: a) workers compensation — certificate of insurance, b) general liability insurance -
$1,000,000 minimum Iimits, c) automobile coverage - 5500,000 mininiunm coverage. Such
insurance shall be maintained in full force and effect during all time when the subcontractor
has people on the property.
7 Should Company contract with others (hereinafter referred to as Subcontractor) to install,
implement, or maintain said landscape plan, Company must ensure that each Subcontractor
has public liability, workers compensation and property damage insurance in the amounts
listed in paragraph 6. Company must provide Sponsor with proof of Subcontractor's
insurance and certification that such insurance shall be maintained in full force and effect
during the term of the Agreement.
B. Sponsors do hereby agree:
1. That upon execution of this Agreement, Sponsor grants Company the right to landscape the
roadway section as set forth in this Agreement.
2. Company may place a sign approved in writing by Sponsor as to size and aesthetics on the
roadway section during the term of this Agreement.
3. Any approvals required by Sponsor shall not be unreasonably withheld.
4. The Sponsor may recover damages from any third party that damages the landscape and
may repair and/or replace damaged landscape in kind.
If third party da.nrages cannot be recovered within 6 months of the occurrence and Sponsor
does not repair or replace damaged area, the Company may discontinue maintenance for the
damaged area.
6. Prior to beginning, Sponsor and Cotnpany shall meet to identify if there are existing trees or
stumps that are required to be removed. As funding allows, Sponsor will remove all stumps
by grinding and backfi lling and identify trees that are damaged or diseased.
C. The Parties further agree:
. The Company and its employees and agents and Subcontractors are not and shall not be
considered to be employees or agents of Sponsor for any purposes whatsoever, including, but
not limited to, worker's compensation, health insurance or other employee benefits.
2. Either Sponsor or Company may terminate this Agreement at any time upon ten (10) days
written notice to the other, and upon the expiration of said notice period, the parties shall
incur no further obligations under this Agreement.
3. The terms of this Agreement shall be binding upon the successors and assigns of the parties
hereto.
4. This Agreement shall be construed in accordance with the laws of the State of Georgia.
5. The venue for any claims, litigation or causes of action between the parties shall be in the
Superior Court of Richmond County, Georgia.
SIGNATURES ON THE FOLLOWING PAGE
By:
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Attest:
By:
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AUGUSTA, GEORGIA
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