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HomeMy WebLinkAboutAUGUSTA CANAL IMPROVEMENT PROJECT REVISED SPLOST V STATE OF GEORGIA ) ) RICHMOND COUNTY ) REVISED SPLOST V CONTRACTOR AGREEMENT AUGUSTA CANAL IMPROVEMENT PROJECT (AS OF AUGUST 16,2007) This AGREEMENT made and entered into this _day of ,2007, between Augusta, Georgia, acting by and through the Augusta-Richmond County Commission, a political subdivision of the State of Georgia (hereinafter referred to as "Augusta" or "County"), and the Augusta Canal Authority, a public body corporate and politic of the State of Georgia, (hereinafter referred to as the "AUTHORITY"; WITNESSETH: WHEREAS, the voters of Augusta, Georgia, on November 8, 2005, approved the imposition of the Special Purpose County One Percent Sales and Use Tax ("SPLOST V"), effective April 1, 2006, and designated the use of the proceeds of said tax for certain capital outlay projects, as defined on O.C.G.A. 48-8-111(a), and further approved a project priority payment order in an Intergovernmental Agreement entered into by and between Augusta, Georgia, and the municipalities of Hephzibah and Blythe; WHEREAS, the Augusta-Richmond County Commission approved SPLOST funding request guidelines for outside agencies on June 6, 2006; WHEREAS, the Augusta-Richmond County Commission desires to contract with the above named Authority to construct the capital outlay project identified herein as the Augusta Canal Improvement Project (hereinafter referred to as "Project"), which was a part of the approved capital outlay projects for public facilities, referenced in the above-described Intergovernmental Agreement; 1 WHEREAS the proceeds of said tax in the amount of $2,500,000.00 are now available for use by the AUTHORITY, according to the disbursement schedule adopted in said Intergovernmental Agreement; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements between the parties, it is agreed as follows: SECTION 1- APPROPRIATION AND USE OF FUNDS 1.1 The County agrees to appropriate the following sum to the AUTHORITY for the purpose of constructing the Project:, payable as follows: $2,500,000 at the execution of this Agreement. Lump sum approved Administrator 1.2. The AUTHORITY agrees to use such funds that it may receive, pursuant to this Agreement, solely and exclusively for the construction of the above described Project; said Project, including the Project Budget, is more specifically described at "Exhibit A," attached hereto and incorporated herein. 1.3 Said disbursement to the AUTHORITY is an authorized use of said proceeds, under O.C.G.A. Section 48-8-111(E), as said use benefits a "public facility, cultural facility, recreational facility, or historical facility or a combination of such purposes;" and this Agreement is entered into on behalf of Augusta, Georgia and the AUTHORITY, to recognize and acknowledge that Augusta has fully funded its SPLOST V project obligation to the AUTHORITY by payment of $2,500,000 in full made at the time this contract is entered into or by funds held by Augusta and encumbered for installment payment. 2 SECTION 2 - RESPONSIBILITIES AND OBLIGATIONS OF AUTHORITY 2.1 In consideration of the disbursement of said funds, the AUTHORITY shall observe all conditions that the law and/or this Agreement imposes on the use of said funds, which shall include, but not be limited to, the following: 2.2 The AUTHORITY shall use said proceeds in connection with a capital outlay project known as improvements to the Augusta Canal, Augusta Canal Interpretive Center and improvements to the Augusta Canal National Heritage Area located on or adjacent to the Augusta Canal at Augusta, Georgia. Said real estate and improvements are more particularly described at Exhibit A-I, which is attached hereto and made a part hereof. 2.3 The AUTHORITY, covenants not to use said monies as part of its maintenance and operation budget. 2.4 A. The AUTHORITY will set up any and all banking accounts necessary or convenient to segregate the account containing said SPLOST money from its other accounts. The AUTHORITY shall make quarterly reports of expenditures regarding this project commencing with the end of the second quarter of 2007 to wit: June 30, 2007 and quarterly thereafter until the end of the quarter in which the project is deemed completed as determined by the Augusta Finance Department. The initial report is due ten (10) business days next following the end of each said quarter. Said reports shall be delivered to Augusta Finance Department, Municipal Building, Augusta, Georgia 30911 to the attention of Ms. Donna Williams, Interim Finance Director for Augusta, Georgia, or her designee, Mr. Tim Schroer, the accountant for the SPLOST program. B. Contractor will provide Augusta with a copy of its Annual Audit within thirty (30) days of the delivery of audit to contractor. 3 2.5 The AUTHORITY shall keep any funds that it receives from the County in a separate account. The AUTHORITY shall maintain a record of each and every expense, in compliance with the generally accepted accounting principles, for which the proceeds of the tax are used. The AUTHORITY shall submit quarterly accounting reports to the County for all funds that the AUTHORITY receives from the County. Said accounting reports shall set forth the amounts expended on the Project during the term of this contract, which shall include any amount expended on such Project in that current year, and the estimated percentage of said Project's completion. (See Exhibit A). 2.6 The AUTHORITY accepts the following conditions for disbursement of said funds: A. The AUTHORITY must allow said facility to be used by the public for both the staging of events and attendance. This section shall not preclude the AUTHORITY from charging reasonable and ordinary fees for any event held at said facility. B. Prior to receipt of said monies, the AUTHORITY shall furnish Augusta with a budget, scope of work and the projected time for completion of the work of said improvements, for which purpose the money is appropriated (See Exhibit A) which is accepted by the County. 2.7 The AUTHORITY shall comply with the purchasing policies of Augusta-Richmond County regarding the advertising for bids, the securing of bids, and payment, performance bonds, and contracting. Payments to any sub-contractor employed by the AUTHORITY shall be made directly by the AUTHORITY, subject to County's audit and approval. If the total project costs exceed the amount funded by the County, the AUTHORITY shall provide proof of other funding sources. Payments by the AUTHORITY to sub-contractors shall be made only upon presentation of verified invoices. 4 2.8 The AUTHORITY will maintain the following insurance during the performance of the Contract: A. Comprehensive General Liability Insurance shall be maintained in force at all times and shall include the following coverages: Products/Completed Operations and Automobile Liability Insurance in the combined single limits of $1,000,000. This coverage shall be intended to apply as primary and shall not be affected by any insurance that the certificate holder may carry in its own name. The AUTHORITY shall maintain Worker's Compensation and Employer's Liability Insurance for the benefit of its workers. The above requirements shall also apply to the AUTHORITY'S contractors and sub-contractors who are engaged in the Project. B. Prior to the commencement of work, the AUTHORITY will provide the Augusta- Richmond County Commission with a certificate of insurance, which evidences the above coverage and shows the Augusta-Richmond County Commission as an "additional insured." SECTION 3 - RESPONSIBILITIES AND OBLIGATIONS OF THE COUNTY 3.1 Augusta enters this contract to improve the quality of life of its citizens by improvement and renovation of public recreational and historical facilities under the jurisdiction of the AUTHORITY. Augusta shall have the right, by and trough this contract, for not less than 50 years of public use and availability of the facility that is the subject of this contract. 3.2 The County and any auditors employed by Augusta shall have the right to verify and audit the expenditures of the AUTHORITY and the Project, sufficient to determine that the monies are being appropriately spent for the Project, in accordance with Georgia laws that govern the expenditures of Special Purpose Local Option Sales Tax monies. Official representatives of the County may inspect the official records of the AUTHORITY, which relate to this project, at reasonable times and upon reasonable notice to the AUTHORITY. The County 5 shall also have the right to inspect the Project at any reasonable time for any purpose related to the performance of any contract awarded, or to be bid upon or awarded, by the AUTHORITY for this Project. SECTION 4 - OBLIGATIONS OF THE AUTHORITY AND COUNTY 4.1 Each of the parties hereto warrants and represents to the other that it will comply with all the requirements of the laws of the State of Georgia. 4.2 After approval of this contract, all contracts between the AUTHORITY and any sub- contractor shall be submitted to the County Administrator for administrative review. If any irregularity or illegality appears, the Administrator may submit any such questions to the Augusta-Richmond County Commission. 4.3 This Agreement constitutes the entire agreement between the parties as to the matters described herein and may not be amended except by a written instrument, signed by each party's duly authorized officers. 4.4 Breach of contract with respect to any of the terms of this Agreement, or with respect to the use of funds, shall terminate the County's obligations under this Agreement; shall terminate the County's obligation for the payment of any future funds; and shall entitle the Parties to all remedies provided by law. IN WITNESS WHEREOF, the County and AUTHORITY have caused these presents to be executed by their respective, duly authorized officials, on the date entered above. cf 6 SEAL /VATTEST: . j, '1.J) By: I v AUTHORITY: By: ~/~ . As its e-~~(/A.. 7lr'[~ ATTEST: jJ~MJiV ,JI1,; ~ As Its Notary Public, Richmond County, G801D1a My Commission Expires Februaiy 16,2010 7 EXHIBIT "A" CONTRACTOR: AUGUSTA CANAL AUTHORITY PROJECT NAME: AUGUST A CANAL IMPROVEMENT PROJECT DESCRIPTION OF PROJECT/SCOPE OF WORK: Use the SPLOST V funds to match federal and state grants for capital projects on the Augusta Canal and within the boundaries of the Augusta Canal National Heritage Area as follows: National Park Service: $2,100,000 Georgia Department of Transportation: 250,000 Housing and Urban Development: $150,000 PROJECTED TIME OF COMPLETION: 2010 PROJECTED BUDGET: Project SPLOST Amount Total Cost Exhibits in Interpretive $400,000 $1,000,000 Center 3rll Level Multiuse Trail $137,500 $687,500 3rd level park $245,000 $400,000 Kayak feasibility study $100,000 $125,000 Extension of New Bartram $250,000 $1,125,000 Trail Signage & Interpretive $50,000 $100,000 Markers Petersburg Boat $250,000 $500,000 Improvements and Docks Enterprise & Sibley $125,000 $250,000 Hydroelectric Improvements Canal Multiuse Trail Phase $250,000 $1,500,000 V Eisenhower Park Access $150,000 $350,000 Nature Trails $100,000 $200,000 Headgates Improvements $442,500 $750,000 Total $2,500,000 $6,987,500 8 EXHIBIT "A-I" LOCATION/LEGAL DESCRIPTION OF PROPERTY ON WHICH PROJECT IS LOCATED: The Augusta Canal, consisting of three levels, extends from the Headgates to Hawk's Gulley at 15th Street and Beaver Dam ditch in Phinizy Swamp. The canal and adjacent properties are owned by the City of Augusta. The Interpretive Center is located in Enterprise Mill at 1450 Greene Street. 9 AUGUSTA-RICHMOND COUNTY COMMISSION STEPHEN E. SHEPARD County Attorney Augusta Law Department BErrY BEARD Mayor Pro Tern MEMORANDUM Betty Beard Marion F. Williams Joe Bowles Bernard E. Harper Calvin Holland, Sr. Andy Cheek Jerry Brigham Jimmy Smith J. R. Hatney Don A. Grantham DAVID S. COPENHAVER Mayor Frederick L. Russell Administrator TO: Mayor Deke S. Copenhaver FROM: ~~ Stephen E. Shepard DATE: August 22,2007 Please Reply to: 70 I Greene Street, Suite 104 Augusta, Georgia 3090 I RE: Augusta Canal Authority Revised SPLOST V Agreement Attached please find two original copies of the revised SPLOST V Agreement with the Canal Authority for your signature and execution. Once executed, please return a copy to Mr. Dayton Sherrouse. Please return a copy of the executed signature pages only to Ms. Betty Carrera at my office. Please contact me if there are any questions concerning this matter. SES/bc Enclosures (as stated) Augusta Law Department 50] Greene Street, Suite 302, Augusta, Georgia 3090] (706) 842-5550 - Fax (706) 842-5556 County Attorney 70] Greene Street, Suite] 04, Augusta, Georgia 3090] (706) 724-6597 - Fax (706) 722-48] 7