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HomeMy WebLinkAboutBUTLER CREEK NATURE CORRIDOR LOMBARD MILL POND TRIALGRANT AWARD $100,000 STATE OF GEORGIA DEPARTMENT OF NATURAL RESOURCES PROJECT AGREEMENT Applicant: Augusta-Richmond County Street: 530 Greene St., Room 806 County: Richmond City: Augusta Zip: 30901 Phone #: 706-821-1831 Project Title: Butler Creek Nature Corridor-Lombard Mill Pond Trail Project Period:Date this agreement is executed to December 31, 2009 Project # NRT-05(4) Project Scope: (Description of Project) Construct approximately 2.6 miles oftrail in the Lombard Mill Pond area, and install trailhead amenities. Title of Grant-in-Aid: Georgia Recreational Trails Program Project Cost: The following are hereby incorporated into this agreement: Total Cost Fund Support $156,200 64% 1. General Provisions (attached hereto) 2. Project Proposal and Application (submitted by Applicant and on file with DNR) 3. Disadvantaged Business Enterprises Certification Grant-in-Aid $100,000 Minimum Local Match $56,200 The State of Georgia, Department of Natural Resources (hereinafter referred to as DNR), and the City of Augusta- Richmond County (hereinafter referred to as the Applicant) in consideration of the mutual promises and benefits flowing to each as hereinafter stated, do hereby agree to perform this agreement in accordance with the National Recreational Trails Act (NRT A), Title I, Part B, Section 1301 of the lntermodal Surface Transportation Efficiency Act of 1991 (P.L. 102-240, 105 Stat. 1914), later reauthorized as the Recreation Trails Program under the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A L~gacy for Users (P.L. 109-59, 119 Stat. 1144), and the provisions and conditions of the Federal Highway Administration guidelines for the RTP grant program, and with the terms, promises, conditions, covenants, assurances, plans specifications, estimates, procedures, project proposals, and maps attached hereto or retained by the Applicant or DNR and made a part hereof. The Applicant certifies that it possesses the legal authority to. apply for the grant, enter into this Agreement, and to finance and construct the proposed facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing of the project application, approving this agreement, including all understandings and assurances contained therein, and directing the persons whose names and signatures appear herein below to sign this agreement on behalf of the Applicant and to act in connection with the project and provide such additional information as may be required. The Applicant further certifies and assures that it has the ability and intention to finance the non-State (local) share of the costs for the project, and that sufficient funds will be available to assure effective operation and maintenance of the facilities acquired or developed by the project. DNR agrees to obligate to the Applicant the sum specified hereinabove as the Grant-in-Aid, and to tender to the Applicant that portion of said grant which is required to pay DNR's share of the costs of the project, based upon the percentage of assistance specified hereinabove as Fund Support. The Applicant agrees to execute the project in accordance with the terms of the agreement. The Applicant further agrees that, as the benefit to be derived by the State of Georgia and DNR from the full compliance by the Applicants with the terms of this agreement is the preservation, protection, and the net increase in the quality of public recreational trails which are available to the people of the State and the United States, and as such benefit exceeds to an immeasurable and unascertainable extent the amount of money furnished by DNR by way of assistance under the terms of the agreement, that payment by the Applicant to DNR of an amount equal to the amount of assistance extended under this agreement by DNR would be inadequate compensation to DNR for any breach by the Applicants of this agreement. The Applicant further agrees, therefore, that THE APPROPRIATE REMEDY IN THE EVENT OF A BREACH BY THE APPLICANT OF THIS AGREEMENT SHALL BE THE SPECIFIC PERFORMANCE OF THIS AGREEMENT. The Applicant agrees to use its best efforts to ensure compliance with regulations pertaining to Disadvantaged Business Enterprises (DBE). The Applicant shall not discriminate on the grounds of race, color, religion, sex, national origin, age, or disability in the selection and retention of contractors, including procurement of materials and leases of equipment. ~. ~f;~:~ ,\\ ',. .~ J7 .f~{~~al) p ,.~) " " <.:,.' It" F,,::j o~ ~: ~:$ :'t .fi'J '" ,l ~i~'~ ~\ '~'{:. .. (: '.a, '~~ ' ." ,.), fl \.t.~ t . 'j4 ~ - ~ ;; .-::} i_I ir " # ,,,-;'!I ~ >&:.\ ) r~\\\ ~ 'b The following special proiect terms and conditions apply: In planning and executing the project, the Applicant agrees to consider the comments of agencies who responded to the environmental review requests for this project. In witness whereof, the parties hereto have executed this Agreement as of the date entered below. STATE OF GEORGIA, DEPARTMENT OF NATURAL RESOURCES APPLICANT, AUGUST A-RICHMOND COUNTY BY DEKE COPE '-t7c2W!% tJ m&1~ ESS u /tor !O~ DATE JI, /5, ~ ~ DATE '{\' 2 . i~:_ ;.' ,,--'