HomeMy WebLinkAboutPROFESSIONAL SERVICES AGREEMENT BETWEEN HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT AND LANEY WALKER DEVELOPMENT CORPORATION FOR "BLIGHT CLEARANCE-DEMOLITION OF 8 DILAPIDATED STRUCTURES" Professional Services Agreement
BETWEEN
Housing and Community Development Department
AND
Laney Walker Development Corporation
FOR
"Blight Clearance-Demolition of 8 Dilapidated Structures"
THIS AGREEMENT, is made and entered into as of the ( day of 2017 ("the effective date")
by and between Augusta, Georgia through the Housing and Community D velopment Department
(hereafter referred to as"AHCD") with principal offices located at 925 Laney Walker Blvd, 2"d Floor,
Augusta, GA 30901, as party of the first part, hereinafter called "The City" and Laney Walker
Development Corporation as party in the second part.
WITNESSETH
WHEREAS,AHCD is undertaking certain activities related to the revitalization of certain neighborhoods;
and
WHEREAS,AHCD desires to engage Laney Walker Development Corporation for the purpose of
removing services, as noted in the "Scope of Services" and Appendix A. NOW,THEREFORE,the parties of
this agreement for the consideration set forth below,do here and now agree to the following terms and
conditions:
1. EMPLOYEMENT.AHCD agrees to engage Laney Walker Development Corporation. Laney
Walker Development Corporation agrees to provide AHCD services which involve working with
AHCD's staff, contractors, developers,funding sources and neighborhood-based organizations in
the maintenance of city owned properties throughout Laney Walker/Bethlehem neighborhoods.
2. SCOPE OF SERVICES. Laney Walker Development Corporation will provide the services of
securing an Augusta-Richmond County Demolition Permit, Conforming and Completing State
Required Lead and Asbestos Testing and Abatement Requirement, Adhereing to All State of
Georgia and The City Environmental Requirements, Disposal of All Debris In a Manner
Consistent With Augusta Richmond-County Disposal Regulations,for the following:
059-1-012-00-0 1245 Twelfth Street $ 12,300.00 (two structures on parcel)
059-1-010-00-0 1251 Twelfth Street $ 6,200.00
059-4-005-00-0 1530 Picquet Avenue $ 4,850.00
059-3-363-00-0 1563 Picquet Avenue $ 7,550.00
059-4-029-00-0 903 Robin Lane $ 7,800.00
046-4-406-00-0 1108 Dugas Street $ 11,600.00
059-2-178-01-0 1315 Eleventh Street $ 5,800.00
059-4-093-00-0 1528 Twiggs Street $ 7,000.00
Grand Total $63,100.00
Augusta Housing and Community Development
Blight Clearance-Demolition of 8 Structures Page 1
Scope of Services may be added to this agreement through the mutual consent of both AHCD
and Laney Walker Development Corporation, in the form of change order or agreement
amendment which are signed by both parties.
a. It is understood and agreed by the parties that the services of Laney Walker
Development Corporation do not include any of the following:The disbursement or
account of funds distributed by AHCDs financial officer, legal advice, fiscal audits, or
assistance with activities not related to the performed services.
3. DEFECTIVE PRICING.To the extent that the pricing provided by Laney Walker Development
Corporation is erroneous and defective, the parties may, by agreement, correct pricing errors to
reflect the intent of the parties.
4. EFFECTIVE DATE AND TIME OF PERFORMANCE.This agreement takes effect on 2017
and will conclude once work is completed.AHCD may discontinue the agreement any time
during the agreement period with 15-day notice to Laney Walker Development Corporation.
Laney Walker Development Corporation may discontinue this agreement with 15-day notice to
AHCD.
5. COMPENSATION. Scope of Services (signed estimate)will detail types of services to be
performed, and fee for the requested services on a fee plus scale.The base cost of the tree
removal services is Sixty-Three Thousand and One-Hundred Dollars(No/100) For the
satisfactory completion of the services to be provided under this agreement, Laney Walker
Development Corporation will submit,to AHCD, an invoice for the tree removal (to be paid
directly to the contractor).
6. SPECIFIED EXCUSES FOR DELAY OR NON-PERFORMANCE. Laney Walker Development
Corporation is not responsible for delay in performance caused by hurricanes,tornadoes,floods,
and other severe and unexpected acts of nature. In any such event, the contract price and
schedule shall be equitably adjusted.
7. GEORGIA PROMPT PAY ACT NOT APPLICLBE.The terms of this agreement supersede any and all
provisions of the Georgia Prompt Pay Act.
8. INDEPENDENT CONTRACTOR. It is understood by the parties hereto that Laney Walker
Development Corporation is an approved independent contractor and as such, neither it nor its
employees, if any, are employees of AHCD or The City for purposes of tax, retirement system, or
social security(FICA)withholding. It is further understood that Laney Walker Development
Corporation will maintain at its expense for the duration of this agreement, coverage in a
workers' compensation plan for its principles and employees for the services to be performed
here under or provide documentation of exemption.
9. ELIGIBILTY. Laney Walker Development Corporation certifies that its business and principles are
not debarred, suspended,voluntarily excluded, or otherwise ineligible for participation in
federally assisted contracts under Executive Order 12549; "Debarment and Suspension" [25 CFR
24.505).
10. CONFLICT OF INTEREST. Laney Walker Development Corporation governs that it presently has
no interest and will not acquire any interest, direct or indirect, in the project that would conflict
in any manner or degree with the performance of its services hereunder. Laney Walker
Augusta Housing and Community Development
Blight Clearance-Demolition of 8 Structures Page 2
Development Corporation further covenants that in performing this agreement, it will employ
no person who has any such interest. Laney Walker Development Corporation shall not be
permitted to provide services in the Laney Walker/Bethlehem Redevelopment Project Area for
the express purposes of delivering the services, to Augusta, Georgia without the written consent
of AHCD.
11. ENTIRE AGREEMENT: MODIFICATION.This agreement contains the entire agreement between
the parties, and no statements, promises, or inducements made by either party, or agents of
either party, that are not contained in the written Agreement, are valid or binding, No changes,
amendments or alterations shall be effective unless in writing and signed by both parties. Laney
Walker Development Corporation specifically acknowledges that in entering into and executing
this agreement,they rely solely upon the provisions contained in this agreement and not others.
12. NON-ASSIGMENT OF AGREEMENT. Inasmuch as this agreement is intended to secure the
specialized services of Laney Walker Development Corporation, Laney Walker Development
Corporation may not assign its rights, including the right to compensation,transfer, and
delegate or subcontract or assignee will be bound by all the terms and conditions of this
agreement.
13. ASSIGNMENT OF PERSONNEL. Laney Walker Development Corporation shall not substitute any
personnel for those specifically named in its proposal unless personnel with substantially equal
or better qualifications and experience are provided and acceptable to AHCD, as is evidenced in
writing.
14. INDEMIFICATION. Laney Walker Development Corporation waives any and all claims and
recourse against AHCD, including the right of contribution for loss and damage to person and
property arising from, growing out of, or in any way connected with or incidental to Laney
Walker Development Corporation's negligent performance of this agreement. Further, Laney
Walker Development Corporation will indemnify, hold harmless, and defend AHCD against any
and all claims, demands, damages, costs, expenses, or liabilities arising out of Laney Walker
Development Corporation's negligent performance of this agreement except for liability arising
out of the concurrent or sole negligence of AHCD or its officers, agents, or employees. Laney
Walker Development Corporation shall also indemnify AHCD for any adverse determination
made by the Internal Revenue Service or the State Franchise Tax Board against Laney Walker
Development Corporation with respect to Laney Walker Development Corporation's
"independent consultant" status that would establish a liability for failure to make any social
security of income tax withholding payments.
15. INSURANCE. Laney Walker Development Corporation shall have and maintain in full force and
effect for the duration of this agreement, insurance insuring against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the work by Laney Walker Development Corporation, its agents, representatives, or employees.
16. BREACH OF CONTRACT. In the event of breach of agreement by Laney Walker Development
Corporation,AHCD may at its option engage the services of another consultant to complete the
work and deduct the cost of performance under this agreement, and then the affected party
may pursue all legal remedies available for breach of agreement.
17. TERMINATION OF AGREEMENT.This Agreement may be terminated as follow:
Augusta Housing and Community Development
Blight Clearance-Demolition of 8 Structures Page 3
a. Termination for cause:
i. If AHCD determines that Laney Walker Development Corporation has failed to
comply with the terms and conditions of the Agreement, it may terminate this
agreement in whole or in part any time before the date of completion. If Laney
Walker Development Corporation fails to comply with any of the terms and
conditions of this agreement,AHCD may give notice, in writing, to Laney Walker
Development Corporation, of any or all deficiencies claimed.The notice will be
sufficient for all purposes if it describes the default in general terms. If all
defaults are not cured and corrected within a reasonable period to be specified
in the notice,AHCD may, with no further notice, declare this agreement to be
terminated. Laney Walker Development Corporation will thereafter be entitled
to receive payment for those services reasonably performed to the date of
termination less the amount of reasonable damage suffered by AHCD by reason
of Laney Walker Development Corporation's failure to comply with this
agreement.
ii. Notwithstanding the above, Laney Walker Development Corporation is not
relieved of liability to AHCD for damages sustained by AHCD by virtue of any
breach of this agreement by Laney Walker Development Corporation, and AHCD
may withhold any payments to Laney Walker Development Corporation for
purposes of set off until such time as the exact amount of damages due AHCD
from Laney Walker Development Corporation is determined.
iii. AHCD may terminate this contract should funding cease or be materially
decreased. Laney Walker Development Corporation will thereafter be entitled
to receive payment for those services reasonably performed to the date of
termination, less the amount of reasonable damage suffered by AHCD by reason
of Laney Walker Development Corporation's fault for the cause of contract
termination.
18. The law of the State of Georgia shall govern the contract between AHCD and Laney Walker
Development Corporation with regard to its interpretation and performance, and any other
claims related to this agreement. All claims, disputes and other matters in question between
AHCD and Laney Walker Development Corporation arising out of or relating to the Agreement,
or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia.
Laney Walker Development Corporation, by executing this agreement, specifically consents to
jurisdiction and venue in Richmond County and waives any right to contest the jurisdiction and
venue in the Superior Court of Richmond County, Georgia.
19. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions
of this agreement, the prevailing party is entitled to recover reasonable attorney's fees and
other costs and expenses, whether the same are incurred with or without suit.
20. PROHIBITION AGAINST CONTINGENT FEES. Laney Walker Development Corporation warrants
that no person or selling agency has been employed or retained to solicit or secure this
agreement upon an agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established commercial or selling
Augusta Housing and Community Development
Blight Clearance-Demolition of 8 Structures Page 4
agencies maintained by Laney Walker Development Corporation for the purpose of securing
business and that Laney Walker Development Corporation has not received any non-City fee
related to this agreement without the prior written consent of AHCD. For breach or violation of
this warrant,Augusta, GA shall have the right to annul this agreement without liability or at its
discretion to deduct from the Agreement price of consideration the full amount of such
commission, percentage, brokerage or contingent fee.
21. DOCUMENTS INCORPORATED BY REFERENCE.All documents submitted by Laney Walker
Development Corporation and all applicable federal and state statutes and regulations
incorporated into this agreement by this reference are binding upon AHCD and Laney Walker
Development Corporation.
22. OWNERSHIP AND PUBLICATION OF MATERIALS.All drawings, reports, information, data, and
other materials prepared by Laney Walker Development Corporation pursuant to this
agreement, or future agreements as amended through the issuance of an agreed upon and
signed estimate, are to be the property of AHCD,which have nonexclusive and unrestricted
authority to release, publish or otherwise use, in whole or in part, information relating thereto,
in relation to the Laney-Walker/Bethlehem Neighborhood Redevelopment Area project. Any
reuse without written verification or adaptation by Laney Walker Development Corporation for
the specific purpose intended will be at the owner's sole risk and without liability or legal
exposure to AHCD. No material produced in whole or in part under this agreement may be
subject to copyright or patent in the United Sates or in any other country without the prior
written permission of AHCD.
23. REPORTS AND INFORMATION. Laney Walker Development Corporation will maintain accounts
and records, including personnel, property and financial records,which are adequate to identify
and account for all cost pertaining to this agreement; and such other records as may be deemed
necessary by AHCD to assure proper account for the project funds, both federal and non-federal
shares.These records will be made available for audit purposes to AHCD or its authorized
representative, and will be retained by AHCD for five (5)years after the expiration of this
agreement, unless permission to destroy them is granted by AHCD.
24. RIGHT TO INSPECT PREMISES.The City may, at reasonable times, inspect the part of the plan,
places of business, or work site of Laney Walker Development Corporation or any subcontractor
of Laney Walker Development Corporation or subunit thereof which is pertinent to the
performance of any contract awarded or to be awarded by the City.
25. TEMPORARY SUSPENSION OR DELAY OF PERFORMANCE OF CONTRACT.To the extent that it
does not alter the scope of this agreement, The City may unilaterally order a temporary stopping
of the work, or delaying of the work to be performed by Laney Walker Development
Corporation under this agreement.
26. LIQUIDATED DAMAGES. Laney Walker Development Corporation agrees to pay as liquidated
damages to the City,the sum of$0 for each consecutive calendar day after expiration of the
contract time of completion, except for authorized extensions of time by the City.This section is
independent of Section 17. Breach of Contract.The parties agree that these provisions are
liquidated damages are not intended to operate as penalties for breach of contract.
Augusta Housing and Community Development
Blight Clearance-Demolition of 8 Structures Page 5
All services performed hereunder shall be in accordance with all federal, state,and local laws,
ordinances, rules, and regulations
NOTICES
All notices given pursuant to the agreement shall be mailed or delivered to the following addresses or
such other address as a party may designate in writing:
Notices to the City:
Office of the Administrator
Municipal Building
537 Green Street, Room 801
Augusta, GA 30901
Notices to AHCD:
Director
Augusta Housing and Community Development Department
925 Laney Walker Blvd., 2nd Floor
Augusta, GA 30901
Notices to Laney Walker Development Corporation:
851 Laney Walker Blvd.
Augusta, GA 30901
{Signatories on next page}
Augusta Housing and Community Development
Blight Clearance-Demolition of 8 Structures Page 6
COUNTERPARTS
This agreement is executed in two (2) counterparts-each of which shall be deemed an original and
together shall constitute one and the same agreement with one counterpart being delivered to each
party hereto.
IN WITNESS WHEREOF,the parties have set their hands and seals as of the date first written above:
ATTEST: AUGUSTA, GEORGIA
(The City)
Approved as to form: A L%� �„' Date: /2120/`
Andrew MacKenzie
As Its Legal Counsel
By: Date:
Hardie Davis
As its Ma
By: A A,tjj-- 4 .. Date: 2 � l7
Janice Alle Jae
As its Adm 's' . .r
By: Date: I Z
NIHawthorne W- cher,J .
As its Director-A •CD
+` 416
410 4,
q'firi.0
70 Li
r
40c tie p ,� a ,
4.A *, le si
ATTEST: L. NEY WA Re v:11QE N ORPOR TION
BY woC.crc.� '�Is!�� �.... .-Date• .1,4 a4ila
As Its Owner
By: G Date: l�l (o `I 1 11
Plain Witness
Augusta Housing and Community Development
Blight Clearance-Demolition of 8 Structures Page 7
APPENDIX A
SCOPE OF WORK
(ESTIMATE ATTACHED)
General Scope:
1. See Estimate for description
SCOPE OF WORK
SPECIFICATIONS AND ESTIMATES FOR:
Demolition of houses located at following addresses, to include all environmental cost
and disposal and clearing of surrounding debris on lot.
059-1-012-00-0 1245 Twelfth Street $ 12,300.00
059-1-010-00-0 1251 Twelfth Street $ 6,200.00
059-4-005-00-0 1530 Picquet Avenue $ 4,850.00
059-3-363-00-0 1563 Picquet Avenue $ 7,550.00
059-4-029-00-0 903 Robin Lane $ 7,800.00
046-4-406-00-0 1108 Dugas Street $ 11,600.00
059-2-178-01-0 1315 Eleventh Street $ 5,800.00
059-4-093-00-0 1528 Twiggs Street $ 7,000.00
We propose hereby to furnish labor—complete in accordance with above specifications.
Payment to be made as follows: (Upon completion of project)
All work is to be completed in a workmanlike manner according to standard practices.
Augusta Housing and Community Development
Blight Clearance-Demolition of 8 Structures Page 8
ATTACHMENT B: Properties for Demolition.
,6,2 1 Y.,41,;(4.,.:: tr' v i
y'"'r Tey • ,
�
.
De:.
'"
� R 4
'u� '4 =all -.�.,.�.,�-.....++"..fir..- 4
1 i
1530 Picquet Avenue
I
,� Pf
� � � ti 903 Robin Lane
yti ,
.... ,,--...,,;,,--.....,..,,,--,,;,,,,,..,..iili.„.77.,, ,14_.......L..",________1..... , .. ,* . _:17, ..
1245 Twelfth Street(2 structures on lot)
.-• '...1.0....44 gio __ -... ; ,... _._
� �r ,..
imp
x ,,�, ,� „
1315 Eleventh Street
7-,!•t..,.--,;_.,-:::-'•_-:-.'' - ' — - -'''''. '' 'T.':.'' 4''':'''''''' .IL'';''';4' '1 ' ' i .''' ''''
-
•,,;., f14A
1251 Twelfth Street ''�'
4
1
.... ... - .. .'y
1108 Dugas Street
i
1563 Picquet Avenue
APPENDIX C: Price Quotes
Augusta Housing and Community Development
Blight Clearance-Demolition of 8 Structures Page 10