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HomeMy WebLinkAboutGRANT AGREEMENT WITH DEPARTMENT OF NATURAL RESOURCES IN THE AMOUNT OF $15,000 TO PREPARE A HISTORIC STRUCTURE REPORT FOR THE TRINITY CME CHURCH STATE OF GEORGIA COUNTY OF FULTON THIS GRANT AGREEMENT made and entered into this 1"day of September 2018,by and between the Department of Natural Resources,State of Georgia,(heminafterreferred to as the DEPARTMENT),and the City of Augusta,whose address is 535 TelfairStreet,Suite 200,Augusta,Georgia 30901,(hereinafter referred to as the RECIPIENT). WITNESSETH: WHEREAS, the provision of adequate public recreation and park facilities,equipment,and areas;the preservation of scenic,historic,ecological,and scientific sites;and the safe maintenance of such areas and facilities is an obligation of State government and a benefit to all the people;and WHEREAS,O.C.G.A. C. 12-3-32 authorizes the DEPARTMENT to provide the above mentioned services and facilities;and WHEREAS,the DEPARTMENT is authorized by O.C.G.A. 12-3-5 and 12-3-32 to contract and make cooperative agreements, leases, and rental agreements,with the United States Government,any county, municipality,local government,or any combination of same,any public or private corporation,firm,or any persons whatsoever,any public authority,agency,commission or institution,or between State agencies,for any of the services,purposes,duties,responsibilities a functions vested in the DEPARTMENT;and WHEREAS,the DEPARTMENT acts as the liaison between the State of Georgia and the National Park Service,U.S. Department of Interior,by administering the Federal assistance program for preservation of properties 1 isted on the National Register of Historic Places,as provided by the National Historic Preservation Act of 1966;and WHEREAS, the RECIPIENT has duly applied for and been awarded a matching Federal grant in the amount ofS1S,000 for the creation of a historic structure report for the Trinity CME Church Page I of 13 NOW THEREFORE,in consideration of the promises,conditions and covenants hereinafter set forth,the parties hereby agree as follows: A. The RECIPIENT agrees by the necessary negotiations,agreements and contract to: I. Undertake a project to include the items as set forth in Exhibit A, attached hereto, and by reference incorporated herein. 2. Complete the project and submit one copy of a first draft of the project to the DEPARTMENT for review and comment. Such draft shall be submitted to the DEPARTMENT no later than April 1, 2019.The final draft shall be submitted to the DEPARTMENT no later than.luae 1,2019,for review and approval. 3. Submit the required number of copies of the final project, as specified in Exhibit A, to the Department for reviewand approval. Such final project shall be submitted no later than August 15,2019. 4. Notify the DEPARTMENT and obtain its approval prior to employingor otherwise securing the services of any consultant to be compensated with fads provided for in this Agreement. B. The DEPARTMENT,in consideration of such promises,covenants and undertakings by the RECIPIENT, shall pay to the RECIPIENT an amount not to exceed$15,000,such amount to be matched forty percent(40%) by the RECIPIENT. Payments on a sixty percent(60%)reimbursement basis may be made at reasonable intervals and upon submission to the DEPARTMENT of a request for reimbursement,supported by required financial documentation and progress reports. Ten percent of the total grant amount shall be withheld until review and approval by the DEPARTMENT of the final report.Final requests for reimbursement must be submitted to the DEPARTMENT no later than October 30,2019. RECIPIENT shall maintain financial documentation concerning the project work until a successful audit has been completed by the DEPARTMENT and the DEPARTMENT has notified the RECIPIENT in writing that such records are no longer needed,or for three years after the project is completed. Page 2 of 13 The RECIPIENT agrees to comply with all applicable regulations,laws,policies,guidelines and requirements of the grant program,including OMB A-87 or A-122,A-1 02 or A-110,A-128,FMC 74-4 and 74-8,National Register Programs Guidelines, the Secretary of the Interior's "Standards for Archaeology and Historic Preservation,"and any special conditions or regulations relating to the application,acceptance and use of Federal funds fora federallyassisted project. Final products that do not conform to the applicable Secretary of the Interior's"Standards"will not be reimbursed. No part of the funds provided for under the terms of this Agreement shall be used directly or indirectly to pay for any personal service,advertisement,telegram, telephone,letter,printed or written matter,or other device,intended or designated to influence in any manner a member of Congress,to favor or oppose,by vote or otherwise,any legislation or appropriation by Congress, whether before or after the introduction of any bill or resolution proposing such legislation or appropriation. Thus,costs associated with activities to influence legislation pending before the Congress,commonly refered to as"lobbying,"are unallowable as charges to HPF-assisted grants,either on a direct or indirect basis(18 U.S.C. 1913). 1.The RECIPIENT will comply with Title V of the Civil Rights Act of 1964,42 U.S.C. 2000d ct mg.,and in accordance with Title V of that Act,no person in the United States shall,on the ground ofrace,color,or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance.The RECIPIENT will immediately take any measures necessary to effectuate this provision. 2.The RECIPIENT will comply with Title VI of the Civil Rights Act of 1966(42 U.S.C.2000;1mq.) prohibiting employment discrimination where(1)the primary purpose of a grant is to provide employment, or (2) discriminatory employment practices will result in unequal treatment of persons who are or should be benefiting from the grantaided activity. 3. The RECIPIENT will comply with Section 504 of the Rehabilitation Act of 1973(29U.S.C.794g. ;;gy,)which requires that no qualified handicapped individual is solely,by reason of handicap, excluded from the participation in,denied the benefits of,or subjected to discrimination under any program or activity receiving Federal financial assistance. Page 3 of 13 I 4. The RECIPIENT agrees to comply with the Americans with Disabilities Act(ADA)of990 (42 U.S.C. 12101 et.seq.). This act prohibits discrimination on the basis ofdisabilityin services, programs and activities providcdby State and Local governmentsentities. 5. "The RECIPIENT agrees that as a condition to the receipt of funds provided herein,and in consideration of other benefits to be derived beref om RECIPIENT covenants that it will have an organization-wide audit made by an independent accounting firm for fiscal years which begin after December 31, 1984,in accordance with the requirements,regulations,and exceptions under the Single Audit Act of 1984,(31 U.S.C. 3 7501 la prescribed gl;�.),or OMB CircularA-1 10,and in accordance with generally accepted governmentauditing standards. Further,RECIPIENTagrees to provide one copy of any audit report so performed to the DEPARTMENT within 180 days following each audit period and as soon as such report is available to RECIPIENT. All records and financial statements as may be necessary to verify the proper accounting of federally financed programs shall be made available to the DEPARTMENT or its agents upon reasonablmotice." D.The RECIPIENT and the DEPARTMENT mutually agree: 1. That project work is limited to the historic preservation project only and that no development and/or physical improvements are allowable. 2. Any publications,exhibits,public announcements,news releases or presentationselated to the project shall acknowledge Federal assistance substantially as follows: This (name of project/produc[Jhas been financed in part with Federnl fi ndsfrom the National Park Service, U. S. Department of Interior, through the Historic Preservation Division of the Georgia Department of Natural Resources However,the contents,opinions,and recommendations expressed in this(project/productJ do not necessarily reflect the views or policies of the Department of the Interior or Me Georgia Department of Natural Resources,mor does the mention of trade names, commercial products or consultants constitute endorsement or recommendation by these agencies. This program receives Federalfinamclal assistancefor identification and protection of histork properties Under Title VI of the Civil Rights Act of 1964 and Section 504 ofthe Rehabilitation Act of 1973,and the Age Discrimination Act of 1975,as amended,the U.S.Department of the Interiarprohibitsdiscrnm6iatiom on the bask of Page 4 of 13 race,color,national origin,age,gender or disabllity in itsfederally-assistedprograsrrs Ifyou believe you have been discriminated against in any program;activity,or facility as described above,or r'f you desire further information,please write to: Office for Equal Opportunity, National Park Service,1849 CStreet,N W., Washington,D C 20240. 3. That any publication produced with the assistance of this grantor matching funds must have prior approval by the DEPARTMENT and the National Park Service. 4. That this Agreement is based upon the condition that if the RECIPIENT fails to perform fully that which it herein agrees to perform this Agreement shall be void and of no effect and in such event, any funds thus far paid by the DEPARTMENT to the RECIPIENT shall be returned except as provided in paragraphs D5 and D6 below,and shall be due and owing to the DEPARTMENT;but if such condition is fully and truly performed,this Agreement shall be and remain in full force and effect. That the failure of the DEPARTMENT at any time to require performance by the RECIPIENT of any provision hereof,shall in no way affect the right of the DEPARTMENT thereafter to enforce the same,nor shall the waiver by the DEPARTMENT of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision,oras a waiver of the provision itself. 5. If through any cause, the RECIPIENT shall fail to fulfill in timely and proper manner the obligation under this Agreement, or if the RECIPIENT shall violate any of the covenants, agreements,or stipulations of this Agreement,the DEPARTMENT shall thereupon have the right to terminatethis Agreement by giving written notice to the RECIPIENT of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event,all finished or unfinished documents,data,studies,surveys,drawings, maps,models,photographs,and reports prepared by the RECIPIENT shall,at the option of the DEPARTMENT, become the property of the DEPARTMENT, and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials.Notwithstandingthe above,the RECIPIENT shall not be relieved of liability to the DEPARTMENT for damages sustained by the DEPARTMENT by virtue of any breach of this Agreement by the RECIPIENT, and the DEPARTMENT may withhold any Page 5 of 13 payments to the RECIPIENT,for the purpose of setoff until such time as the exact amount of damages clue the DEPARTMENT from the RECIPIENT isdetermined. 6. The DEPARTMENT may terminate this Agreement at any time by giving written notice to the RECIPIENT of such termination and specifying the effective date thereof at least fifteen(15)days before the effective date of such termination. In that event,all finished or unfinished documents and other materials shall, at the option of the DEPARTMENT, become its property. If this Agreement is terminated by the DEPARTMENT as provided in this paragraph,the RECIPIENT will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the RECIPIENT covered by this Agreement,less payments of compensation previously made. 7. Except as otherwise provided in paragraphs D5 and D6 above,all rights,title and interest in all documents,data,studies,surveys,drawings,maps,models,photographs,and reports prepared by RECIPIENT pursuant to this Agreement(hereinafter referred to as the "project materials"), including without limitation any copyright,title,trademark and intellectual property rights in and to the project materials,shall remain with RECIPIENT. RECIPIENT reserves unto itself all rights of every kind and nature except those expressly granted to DEPARTMENT herein. RECIPIENT hereby grants to DEPARTMENT a perpetual,nonexclusive,nontransferable,royalty free,license to use,copy,maintain and modify the project materials,in whole or in part,and to incorporate the project materials,in whole or in part, into other perks. 8. If the RECIPIENT is a nonprofit contractor as defined in O.C.G.A. 50-20-2, the RECIPIENT agrees to comply with the provisions of O.C.G.A. 50-20-1 through 50-20-8,and in particular the requirements ofO.C.G.A. 50-20-3,and with such further instructions and requirements that the State of Georgia may subsequently require in the implementation of said audit and financial statement provisions. 9. The parties to this Agreement certify that the provisions of law regarding conflicts of interest of public officials and employeesas set forth at O.C.G.A. 45-10-20 through 45-10-28 have not and will not be violated in any respect in regard to this Agreement. Page 6 of 13 10. The RECIPIENT covenants that it presently has no interest and shall not acquire any interest, director indirect,which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. TheRECIPIENT further covenants that in the performance of this Agreement no person having such interest shall be etployed. 11. This Agreement is at all times subject to applicable State and Federal laws,standards and/or rules and regulations now existing or which may be hereafter enacted and/or adopted. 12. This Agreement and all rights,privileges and responsibilities shdlbe interpreted and construed according to the laws of the State of Georgia. 13. Neither the performance nor the proceeds of this Agreement may be assigned except with the prior written consent of the Commissoner of the DNR This Agreement represents the sale and complete agreement between the parties hereto and may be amended,changed or modified only by a written document signed by both Parties,hereto. 14.This Agreement represents the sole and complete agreement between the parties hereto and may be amended,changed or modified only by a written document signed by both Parties,hereto. 15.This Agreement is executed in two(2)counterparts,each of which is deemed an original ofequal dignity with the other and which is deemed one in the same instrunant as the other. Page 7 of 13 IN WITNESS WHEREOF,the Parties have caused this Agreement to be signed as of the day and year first above written. GEORGIA DEPARTMENT OF NATURAL RESOURCES sy �( (Z. ______________ Witness ,^,' ri o4h s,Dr,David Colin Crass,Division Director r .,,•; EXHIBIT A SCOPE OF WORK AND BUDGET CITY OF AUGUSTA-AUGUSTA CANAL AUTHORITY HISTORIC STRUCUTRE REPORT FOR TRINITY CME CHURCH SCOPE QF WORK: The RECIPIENT will produces Historic Structures Report for the Trinity CME Church,located at 722 Taylor Street,Augusta,Georgia,30901. The Historic Structure Report,in close accordance with the guidelines provided inilistoric Structure Report Guidelines(see Exhibit B),will include: I) Introductory information 2) Historical overview 3) Setting/environmental/function context 4) Conditions Assessment Report including: a. Summary description of existing conditions b. Detailed existing condition description of the individual exterior material components c. Room-by-room description of the existing interior condition d. Detailed identification of areas of deterioration and repair needs e. Summary description and evaluation of the structure's building(M/EJP)systems 5) Accessibility assessment 6) Summary building code issues 7) Prioritized recommendations 8) Supplementary information As appropriate,previously developed dacriptions and evaluations may be incorporated into the Conditions Assessment Report,as well as reference to supplemental technical reports. All project work shall conform to Secretary of the Interior's Standards for Archaeology and Historic Preservation, which include the Standards for Preservation Planning and Standards for the Treatment of Historic Properties. The RECIPIENT will provide three (3) printed copies each and two computer diskettes/CDs of the Historic Structure Report document to the DEPARTMENT within the contract period. ARCHITECTURAL REVIEWER COORDINATION: All project materials shall be reviewed by the DEPARTMENT. The review process includes reviewing and approving the consultant contract and contract scope-of-work,the preliminary drafts,final draft,and other materials determined necessay during project development. BUDGET: FEDERAL SHARE S 15,000.00 LOCAL MATCHING SHARE S 13.500.00 TOTAL PROJECT COST $28,500.00 Page 9 of 13 EXEisu Historic Structure Report Guidelines What is a Historic Structure Report? A Historic Structure Report(HSR)is a preservation and rehabilitation tool that thoroughly documents the history and material elements of a historic structure,typically a historic building,and its associated environment,evaluates its existing condition,and provides the general recommendations necessary to responsibly deal with existing issues and concerns about the structure in consideration of its current and potential adaptive use(s). A Historic Structure Report may be commissioned as a stand-alone document or as part of a more comprehensive planning activity for a historic property.As a stand-alone document,a Historic Structure Report may be developed in order to understand in detail a historic property's physical character,evolutionary development,and the issues or challenges involved in maintaining it. In the context of more extensive preservation planning,all Preservation Plans for a Historic Property should include a Historic Structure Report as a major component and,therefore,there are certain similarities between these two types of documents,as well as with associated reports,such as Condition Assessment Reports and Structural Assessment Reports. Considerations in Commissioning a Historic Structure Report A Historic Structure Report should be a detailed and complete as possible recordation of a historic property's existing and historic setting,construction and use history, documentation of existing condition,analysis of repair, rehabilitation,and restoration issues,and compilation of recommendations to appropriately address those issues. Once completed,a Historic Structure Report should be the primary reference document consulted when capital projects are being planned or when scheduled work is being coordinated. However,developing a Historic Structure Report is also dependent on the condition and complexity of the structure,the amount of information available or attainable, and the use objectives of the building's owner or controlling interest. In this context,while a Historic Structure Report should always include a Conditions Assessment Report,it may be limited by such physical constraints that restrict information gathering. Similar lack of available information circumstances may affect its history component. As such,while any limitations to the report should be articulated and then addressed with the other recommendations as issues to be resolved, It should be considered an evolving rather than Page 10 of 13 static document,updated when appropriate or as information becomes available,and become a regularly consulted,continuing record of the structure's historic development. While a comprehensive Historic Structure Report should always be the target document, if other planning activities have already addressed information and issues typically included in one,there are insufficient resources to complete a comprehensive report,or limitations are intentionally set,then a partial Historic Structure Report may be applicable. In circumstances where other planning activities have accumulated pertinent information, those remaining components of a report should be addressed and the other information incorporated,by reference if necessary,to complete the document. Otherwise,the report should declare its abbreviated scope,acknowledge its missing elements,and plans should be made to gather and incorporate the missing information when circumstances allow. In the long term,to ensure the continued preservation and useful life of historic properties,a Historic Structure Report should be a step in completing a Preservation Plan for the historic property that also includes property management plans, preservation project development and implementation plans,cost-of-work estimates, and funding plans. And,as with other preservation planning documents,a Historic Structure Report should be organized so that it provides necessary information in a manner understandable by the end user,who may not be an expert in the field. A comprehensive Historic Structure Report should include: 1. Introductory information,including a table of contents,property identification information,including address,ownership, listing on historic registries, historic names,etc.,and an executive summary, including acknowledgements,why the report is being done and for whom,current use of the property, proposed adaptive uses(if known),a summary of the methods used to create the report, etc. 2. Historical Overview—a detailed as possible history of the structure,its historic function and any significant personal history associated with it. If copious amounts of information about the history of the structure are available,a summary history may be more appropriate,with reference to sources of additional information. 3. Setting/Environmental/Function Context—a description of the structure's existing setting(how it physically and functionally fits within the surrounding area). 4. Architectural and Landscape Overview—a detailed description of the structure's site,structural system or type, exterior and interior architectural detailing and stylistic elements, including identification of historic character-defining features, Page 11 of 13 'V finishes and materials,and identification and documentation of changes and alterations to the structure. 5. Conditions Assessment Report(see also Conditions Assessment Report Guidelines),Including: a. Summary description of the structure's existing condition. b. Detailed existing condition description of the individual exterior material components:foundation,siding,brick,windows,doors, porches,trim, cornice,roof,etc. c. Room-by-room descriptions,including documentation of features, finishes,and materials and detailed identification of areas of deterioration and repair for floors,walls,ceilings,doors,windows,trim, fireplaces,stairs,and other architectural features. d. Evaluation of the physical condition of structure's materials including: masonry,mortar,roofing,trim,exterior finish materials, plaster(flat and decorative),wood floors,other wood features,finishes and millwork, fireplaces,structural elements,etc. e. Summary description and evaluation of the structure's building systems: electrical,plumbing,HVAC,fire protection,etc. f. As applicable,reference to supplemental technical reports. 6. Accessibility Assessment(ADA Audit)—documentation of likely accessibility issues as addressed in the American with Disabilities Act Accessibility Guidelines (ADAAG)and associated reference material. The intent of the Accessibility Assessment is to raise the awareness of the property owner by identifying and summarizing ADA issues that might need to be addressed in project planning documents by design professionals,which may include site and building accessible routes,existing architectural barriers,access to public toilet facilities, clearances at openings,apparent ramping and/or vertical lift needs,etc. it is beyond the scope of a HSR to provide specific ADA guidance or design solutions. 7. Summary Building Code issues evaluation—documentation of likely building code compliance issues associated with current use or adaptive uses. The intent of the building codes issues evaluation Is to raise the awareness of the property owner by identifying and summarizing code issues that might need to be addressed in project planning documents by design professionals,which may include means of egress and emergency egress considerations,fire separation issues,multiple occupancy classification considerations,fire protection,etc. It is beyond the scope of a HSR to provide specific code compliance guidance or design solutions. 8. Recommendations—for repair/replacement/restoration/maintenance treatments for the structure's materials,finishes,features;for projects to bring the structure into a state of functional utility with associated scope of work descriptions and project prioritization;for adaptive use options(as applicable or Page 12 of 13 w " requested);for building and structural system improvements,as applicable;and overview recommendations for analysis of ADA and building code issues by design professionals. Recommendations should be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties, consider the potential impact of recommended treatments,and avoid significantly altering the property's historic character and context. 9. Existing conditions recordation information including:site plans, "as built"floor plans and elevations, detail photographs or drawings of significant features, context photo-documentation,and existing conditions detail photo- documentation. 10.Supplementary information including,as requested,applicable, and available: archaeological investigation reports,cost estimates,technical reports(including Structural Assessment Report,paint analysis,and hazardous materials assessments--lead paint,asbestos),maintenance plan, historic maps(Sanborn Maps), historic photographs, historic plans, reference materials (bibliography of useful preservation books and publications,Secretary of the Interior's Standards, Preservation Briefs,National Register information,etc.),end notes, etc. Page 13 of 13