HomeMy WebLinkAboutFLOOD CONTROL STUDY AGREEMENT
Augusta Richmond GA
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UNITED STATES ARMY CORPS OF ENGINEERS
GENERAL INVESTIGATIONS PROGRAM
REGIONAL FLOOD CONTROL PROJECT
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FEASIBILITY COST-SHARING AGREEMENT
BETWEEN
THE GOVERNMENT
AND
AUGUSTA - RICHMOND COUNTY, GEORGIA
FOR THE
AUGUSTA - RICHMOND COUNTY REGIONAL FLOOD
CONTROL FEASIBILITY STUDY
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AGREEMENT
BETWEEN THE DEPARTMENT OF THE ARMY
AND "
AUGUSTA-RICHMOND COUNTY, GEORGIA
FOR THE AUGUSTA-RICHMOND COUNTY FLOOD CONTROL STUDY
THIS AGREEMENT is entered into this 3.&t day, of fYD-,) , 19fJ, by and between the
Department of the Army (hereinafter the "Government"), represented by the District Engineer
executing this Agreement, and Augusta-Richmond County, Georgia (hereinafter the "Sponsor"),
WITNESSETH, that
WHEREAS, the Committee on Transportation and Infrastructure of the U.S. House of
Representatives has authorized the U.S. Army Corps of Engineers to conduct a study of Flood
Damage Reduction for the City of Augusta and contiguous areas of Georgia pursuant to House
Resolution by the committee on Transportation and Infrastructure of the U.S. House of
Representatives, dated September 14, 1995; and
WHEREAS, the U.S. Army Corps of Engineers has conducted a reconnaissance study of
Augusta - Richmond County, Georgia under the General Investigations Program to determine
Federal interest in flood damage reduction pursuant to this authority, and has determined that
further study in the nature of a "Feasibility Phase Study" (hereinafter the "Study") is required to
fulfill the intent of the study authority and to assess the extent of the Federal interest in
participating in a solution to the identified problem; and
WHEREAS, Section 105 of the Water Resources Development Act of 1986 (Public Law 99-662,
as amended) specifies the cost sharing requirements applicable to the Study;
WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter
set forth and is willing to participate in study cost sharing and financing in accordance with the
terms of this Agreement; and
WHEREAS, the Sponsor and the Government understand that entering into this Agreement in no
way obligates either party to implement a project and that whether the Government supports a
project authorization and budgets it for implementation depends upon, among other things, the
outcome of the Study and whether the proposed solution is consistent with the Economic and
Environmental Principles and Guidelines for Water and Related Land Resources Implementation
Studies and with the budget priorities of the Administration;
NOW THEREFORE, the parties agree as follows:
ARTICLE I - DEFINITIONS
F or the purposes of this Agreement:
A. The term "Study Costs" shall mean all disbursements by the Government pursuant to this
Agreement, from Federal appropriations or from funds made available to the Government by the
Sponsor, and all negotiated costs of work performed by the Sponsor pursuant to this Agreement.
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Study Costs shall include, but not be limited to: labor charges; direct costs; overhead expenses;
supervision and administration costs; the costs of participation in Study Management and
Coordination in accordance with Article IV of this Agreement; the costs of contracts with third
parties, including termination or suspension charges; and any termination or suspension costs
(ordinarily defined as those costs necessary to terminate ongoing contracts or obligations and to
properly safeguard the work already accomplished) associated with this Agreement.
B. The term estimated Study Costs shall mean the estimated cost of performing the Study as of
the effective date of this Agreement, as specified in Article IILA of this Agreement.
C. The term excess Study Costs shall mean Study Costs that exceed the estimated Study Costs
and that do not result from mutual agreement ofthe parties, a change in Federal law that
increases the cost of the Study, or a change in the scope of the Study requested by the Sponsor.
D. The term "study period" shall mean the time period for conducting the Study, commencing
with the release to the U.S. Army Corps of Engineers Savannah District of initial Federal
feasibility funds following the execution of this Agreement and ending when the Assistant
Secretary of the Army (Civil Works) submits the feasibility report to the Office of Management
and Budget (OMB) for review for consistency with the policies and programs of the President.
E. The term "PSP" shall mean the Project Study Plan, which is attached to this Agreement and
which shall not be considered binding on either party and is subject to change by the
Government, in consultation with the Sponsor.
F. The term "negotiated costs" shall mean the costs of in-kind services to be provided by the
Sponsor in accordance with the PSP.
G. The term "fiscal year" shall mean one fiscal year of the Government. The Government fiscal
year begins on October I and ends on September 30.
ARTICLE II - OBLIGATIONS OF PARTIES
A The Government, using funds and in-kind services provided by the Sponsor and funds
appropriated by the Congress of the United States, shall expeditiously prosecute and complete
the Study, in accoEdance with the provisions of this Agreement and Federal Jaws, regulations,
and policies.
B. In accordance with this Article and Article lILA, IILB. and III.C. of this Agreement, the
Sponsor shall contribute cash and in-kind services equal to fifty (50) percent of Study Costs other
than excess Study Costs. The Sponsor may, consistent with applicable law and regulations,
contribute up to 25 percent of Study Costs through the provision of in-kind services. The in-kind
services to be provided by the Sponsor, the estimated negotiated costs for those services, and the
estimated schedule under which those services are to be provided are specified in the PSP.
Negotiated costs shall be subject to an audit by the Government to determine reasonableness,
allocability, and allowability.
C. The Sponsor shall pay a fifty (50) percent share of excess Study Costs in accordance with
Article III.D. of this Agreement.
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D. The Sponsor understands that the schedule of work may require the Sponsor to provide cash
or in-kind services at a rate that may result in the Sponsor temporarily diverging from the
obligations concerning cash and in-kind services specified in paragraph B. of this Article. Such
temporary divergences shall be identified in the quarterly reports provided for in Article III.A. of
this Agreement and shall not alter the obligations concerning costs and services specified in
paragraph B. of this Article or the obligations concerning payment specified in Article III of this
Agreement.
E. If, upon the award of any contract or the performance of any in-house work for the Study by
the Government or the Sponsor, cumulative financial obligations of the Government and the
Sponsor would result in excess Study Costs, the Government and the Sponsor agree to defer
award of that and all subsequent contracts, and performance of that and all subsequent in-house
work, for the Study until the Government and the Sponsor agree to proceed. Should the
Government and the sponsor require time to arrive at a decision, the Agreement will be
suspended in accordance with Article X., for a period of not to exceed six months. In the event
the Government and the sponsor have not reached an agreement to proceed by the end of their 6-
month period, the Agreement may be subject to termination in accordance with Article X.
F. No Federal funds may be used to meet the Sponsor's share of Study Costs unless the Federal
granting agency verifies in writing that the expenditure of such funds is expressly authorized by
statute.
G. The award and management of any contract with a third party in furtherance of this
Agreement which obligates Federal appropriations shall be exclusively within the control of the
Government. The award and management of any contract by the Sponsor with a third party in
furtherance ofthis Agreement which obligates funds of the Sponsor and does not obligate
Federal appropriations shall be exclusively within the control of the Sponsor, but shall be subject
to applicable Federal laws and regulations.
H. The Sponsor shall be responsible for the total cost of developing a response plan for
addressing any hazardous substances regulated under-the Comprehensive Environmental
Response, Compensation and Liability Act of 1980, Pub. L. No. 96-510, 94 Stat. 2767, (codified
at 42 D.S.C. Sections 9601-9675), as amended, existing in, on, or under any lands, easements or
rights-of-way that the Government determines to be required for the construction, operation, and
maintenance of the project. Such costs shall not be included in total study costs.
ARTICLE III - METHOD OF PAYMENT
A. The Government shall maintain current records of contributions provided by the parties,
current projections of Study Costs, current projections of each party's share of Study Costs, and
current projections of the amount of Study Costs that will result in excess Study Costs. At least
quarterly, the Government shall provide the Sponsor a report setting forth this information. As
of the effective date of this Agreement, estimated Study Costs are $3,275,295 and the Sponsor's
share of estimated Study Costs is $1,637,648. In order to meet the Sponsor's cash payment
requirements for its share of estimated Study Costs, the Sponsor must provide a cash contribution
currently estimated to be $1,637,648. The dollar amounts set forth in this Article are based upon
the Government's best estimates, which reflect the scope of the study described in the PSP,
projected costs, price-level changes, and anticipated inflation. Such cost estimates are subject to
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adjustment by the Government and are not to be construed as the total financial responsibilities
of the Government and the Sponsor.
B. The Sponsor shall provide its cash contribution required under Article II.B. of this Agreement
in accordance with the following provisions:
1. For purposes of budget planning, the Government shall notify the Sponsor by
October 1 of each year of the estimated funds that will be required from the Sponsor to meet the
Sponsor's share of Study Costs for the upcoming fiscal year.
2. No later than 30 calendar days prior to the scheduled date for the Government's
issuance of the solicitation for the first contract for the Study or for the Government's anticipated
first significant in-house expenditure for the Study, the Government shall notify the Sponsor in
writing of the funds the Government determines to be required from the Sponsor to meet its
required share of Study Costs for the first fiscal year of the Study. No later than 15 calendar days
thereafter, the Sponsor shall provide the Government the full amount of the required funds by
delivering a check payable to "FAD, USAED, Savannah District" to the District Engineer.
3. For the second and subsequent fiscal years of the Study, the Government shall, no
later than 60 calendar days prior to the beginning of the fiscal year, notify the Sponsor in writing
of the funds the Government determines to be required from the Sponsor to meet its required
share of Study Costs for that fiscal year, taking into account any temporary divergences
identified under Article II.C. ofthis Agreement. No later than 30 calendar days prior to the
beginning of the fiscal year, the Sponsor shall make the full amount of the required funds
available to the Government through the funding mechanism specified in paragraph B.2. of this
Article.
4. The Government shall draw from the funds provided by the Sponsor such sums as the
Government deems necessary to cover the Sponsor's share of contractual and in-house fiscal
obligations attributable to the Study as they are incurred.
5. In the event the Government determines that the Sponsor must provide additional
funds to meet its share of Study Costs, the Government shall so notify the Sponsor in writing.
No later than 60 calendar days after receipt of such notice, the Sponsor shall make the full
amount of the additional required funds available through the funding mechanism specified in
paragraph B.2. of this Article.
C. Within ninety (90) days after the conclusion of the Study Period or termination of this
Agreement, the Government shall conduct a final accounting of Study Costs, including
disbursements by the Government of Federal funds, cash contributions by the Sponsor, the
amount of any excess Study Costs, and credits for the negotiated costs of the Sponsor, and shall
furnish the Sponsor with the results of this accounting. Within thirty (30) days thereafter, the
Government, subject to the availability of funds, shall reimburse the Sponsor for the excess, if
any, of cash contributions and credits given over its required share of Study Costs," other than
excess Study Costs, or the Sponsor shall provide the Government any cash contributions required
for the Sponsor to meet its required share of Study Costs other than excess Study Costs.
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D. The Sponsor shall provide its cash contribution for excess Study Costs as required under
Article II.C. of this Agreement by delivering a check payable to "FAa, USAED, Savannah
District" to the District Engineer as follows:
1. After the project that is the subject of this Study has been authorized for construction,
no later than the date on which a Project Cooperation Agreement is entered into for the project;
or
2. In the event the project that is the subject of this Study is not authorized for
construction by a date that is no later than 5 years of the date of the final report of the Chief of
Engineers concerning the project, or by a date that is no later than 2 years after the date of the
termination ofthe study, the Sponsor shall pay its share of excess costs on that date (5 years after
the date of the Chief of Engineers or 2 years after the date of the termination of the study).
ARTICLE IV - STUDY MANAGEMENT AND COORDINATION
A. To provide for consistent and effective communication, the Sponsor and the Government
shall appoint named senior representatives to an Executive Committee. The Executive
Committee shall include the District Engineer, Chief, Planning Division, AugustalRichmond
County Administrator, Director of Public Works and Engineering. Thereafter, the Executive
Committee. shall meet regularly until the end of the Study Period.
B. Until the end ofthe Study Period, the Executive Committee shall generally oversee the Study
consistently with the PSP.
C. The Executive Committee may make recommendations that it deems warranted to the District
Engineer on matters that it oversees, including suggestions to avoid potential sources of dispute.
The Government in good faith shall consider-such recommendations. The Government has the
discretion to accept, reject, or modify the Executive Committee's recommendations.
D. The Executive Committee shall appoint representatives to serve on a Study Management
Team. The Study Management Team shall keep the Executive Committee informed ofthe
progress of the Study and of significant pending issues and actions, and shall prepare periodic
reports on the progress of all work items identified in the PSP.
E. The costs of participation in the Executive Committee (including the cost to serve on the
Study Management Team) shall be included in total project costs and cost shared in accordance
with the provisions of this Agreement.
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ARTICLE V - DISPUTES
As a condition precedent to a party bringing any suit for breach of this Agreement, that party
must first notify the other party in writing of the nature of the purported breach and seek in good
faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through
negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute
resolution with a qualified third party acceptable to both parties. The parties shall each pay 50
percent of any costs for the services provided by such a third party as such costs are incurred.
Such costs shall not be included in Study Costs. The existence of a dispute shall not excuse the
parties from performance pursuant to this Agreement.
ARTICLE VI - MAINTENANCE OF RECORDS
A. Within 60 days of the effective date of this Agreement, the Government and the Sponsor
shall develop procedures for keeping books, records, documents, and other evidence pertaining to
costs and expenses incurred pursuant to this Agreement to the extent and in such detail as will
properly reflect total Study Costs. These procedures shall incorporate, and apply as appropriate,
the standards for financial management systems set forth in the Uniform Administrative
Requirements for Grants and Cooperative Agreements to state and local governments at 32
C.F.R. Section 33.20. The Government and the Sponsor shall maintain such books, records,
documents, and other evidence in accordance with these procedures for a minimum of three years
after completion ofthe Study and resolution of all relevant claims arising therefrom. To the
extent permitted under applicable Federal laws and regulations, the Government and the Sponsor
shall each allow the other to inspect such books, documents, records, and other evidence.
B. In accordance with 31 US.C. Section 7503, the Government may conduct audits in addition
to any audit that the Sponsor is required to conduct under the Single Audit Act of 1984, 31
U.S.C. Sections 7501-7507. Any such Government audits shall be conducted in accordance with
Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other
applicable cost principles and regulations. The costs of Government audits shall be included in
total Study Costs and shared in accordance with the provisions of this Agreement.
ARTICLE VII - RELATIONSHIP OF PARTIES
The Government and the Sponsor act in independent capacities in the performance of their
respective rights and obligations under this Agreement, and neither is to be considered the
officer, agent, or employee of the other.
ARTICLE VIII - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to
any share or part of this Agreement, or to any benefit that may arise therefrom.
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ARTICLE IX - FEDERAL AND STATE LAWS
In the exercise of the Sponsor's rights and obligations under this Agreement, the Sponsor agrees
to comply with all applicable Federal and State laws and regulations, including Section 601 of
Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Department of Defense
Directive 5500.11 issued pursuant thereto and published in 32 C.F.R. Part 195, as well as Army
Regulations 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and
Activities Assisted or Conducted by the Department of the Army".
ARTICLE X - TERMINATION OR SUSPENSION
A. This Agreement shall terminate at the conclusion of the Study Period, and neither the
Government nor the Sponsor shall have any further obligations hereunder, except as provided in
Article III.C.; provided, that prior to such time and upon thirty (30) days written notice, either
party may terminate or suspend this Agreement. In addition, the Government shall terminate this
Agreement immediately upon any failure of the parties to agree to extend the study under Article
II.E. of this agreement, or upon the failure of the sponsor to fulfill its obligation under Article III.
of this Agreement. In the event that either party elects to terminate this Agreement, both parties
shall conclude their activities relating to the Study and proceed to a final accounting in
accordance with Article III.C. and III.D. of this Agreement. Upon termination of this
Agreement, all data and information generated as part of the Study shall be made available to
both parties.
B. Any termination of this Agreement shall not relieve the parties of liability for any obligations
previously incurred, including the costs of closing out or transferring any existing contracts~
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become
effective upon the date it is signed by the District Engineer forthe U.S. Army Corps of
Engineers, Savannah District.
DEPARTMENT OF THE ARMY
AUGUSTA-RICHMOND COUNTY,
GEORGIA
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SAVANNAH DISTRICT, CORPS OF ENGINEERS
P.O. BOX 889
SAVANNAH, GEORGIA 31402-48S9
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REPI. Y TO
ATTENTION OF:
January 12, 2000
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JAN 1 3 2000 .
DEPARTMENT OF THE ARMY
Planning Division
Mr. Charles R. Oliver, CPA, P.E.
Administrator
Augusta-Richmond County
530 Greene Street
Augusta, Georgia 30911
AUGUST A.RICHMOND COUNTY
ADMINiStRATOR'S oFFICE
Dear Mr. Oliver:
We appreciate the opportunity to work with you and your staff
to help solve some 9f Richmond County's flooding and drainage
problems. Mr. Clifford Goins has been especially helpful in
working with us and coordinating the signing of the feasibility
study cost-sharing agreement.
I have enclosed your signed copy of the agreement for your
files. We look forward to conducting the feasibility study, and
we are prepared to start as soon as possible.
At this time, we are requesting the first payment of your
share of the start up funds. Mr. Elliott Edwards is available to
work with your staff to help set the budget for the duration of
the study. One of the first tasks we would like to do is the ,
basin aerial surveys. It is best to do this in the winter month~.
with minimal leaf cover. Accordingly, in order to catch this
season, it is important we receive your initial funds by
February 1, 2000.
I look forward to a continued partnership with you during the
Augusta-Richmond County Flood Reduction Study. If you need more
information, please contact Mr. Elliott Edwards, Water Resources
Planner, at (912) 652-5766.
Sincerely,
;I:!!~ chi shin
Chief, Planning Division
Enclosure