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HomeMy WebLinkAboutHistoric Augusta Inc. and Augusta Augusta Richmond GA DOCUMENT NAME: 14 i ~ TO fZ; c... A uo) US'T A :r f\JC- AND t} u~ uS T ft DOCUMENT TYPE: A c:s ~ e e.tf\C~T YEAR: C) () D?J BOX NUMBER: 1 '6 FILE NUMBER: J i.tJ '1 ~ 0 NUMBER OF PAGES: ~ ~ ... ". - ~,.~ STATE OF GEORGIA RICHMOND COUNTY AGREEMENT This agreement is hereby established jointly between the Augusta, Georgia, a political subdivision of the State of Georgia, (hereinafter referred to as AUGUST A), whose address is 530 Greene Street, Augusta, Georgia 30911, and Historic Augusta, Inc. (hereinafter referred to as: CONSUL T ANT), whose address is 111 Tenth Street, Augusta, GA, 30901. WITNESSETH WHEREAS, AUGUSTA has duly applied for and been awarded a matching Federal grant to complete the Pinched Gut Historic District Survey, and; WHEREAS, AUGUSTA is able to contract with an organization or individual capable of providing services to complete the Pinched Gut Historic District Survey, and; WHEREAS, CONSULTANT is able and willing to perform the professional services more particularly described herein. NOW THEREFORE, in consideration of the following mutual promIses, covenants, and conditions, AUGUST A and CONSULTANT agree as follows: A. OBLIGATIONS OF CONSULTANT 1. CONSUL T ANT shall perform the work and services as herein provided, and as more fully described in Exhibit "A", Project Approach, which is attached hereto and incorporated by reference. The Project Approach is taken from the proposal submitted by the CONSULTANT, dated December 6,2002. . ...... 2. It is agreed that neither the CONSUL T ANT nor anyone acting for the CONSULTANT shall at any time impose any obligation, debt or burden of any kind or nature in the name of or charged to Augusta-Richmond County or any department or division thereof. 3. It is agreed that for the purpose of this agreement CONSULTANT shall be deemed to be an independent CONSULTANT and shall be responsible for the payment of all employees' salaries, and for all other expenses incurred in connection with the performance of the duties and responsibilities established hereunder, except as otherwise provided. 4. CONSUL T ANT covenants that CONSULTANT presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance required under this agreement. CONSULTANT further covenants that in the performance of this agreement, no person having any such interest shall be employed or contracted with. 5. CONSUL T ANT acknowledges that all records relating to this Agreement and the services to be provided under the contract may be a public record subject to Georgia's Open Records Act (O.C.G.A ~ 50-18-70, et seq.). CONSULTANT shall cooperate fully in responding to such request and making all records, not exempt, available for inspection and copying as provided by law. B. OBLIGATIONS OF AUGUSTA 1. AUGUSTA shall pay CONSULTANT a fee of five thousand four hundred seventy- two dollars ($5,472.00). CONSULTANT shall submit an invoice to Augusta. Within thirty (30) days of approval of the invoices by the Historic Preservation Division (HPD) of the Georgia Department of Natural Resources, AUGUSTA will pay CONSUL T ANT. Invoices by the CONSULTANT shall include a progress report 2 ~ , .r, showing percent of work complete and shall include copies of completed work where applicable. Payment requests shall not exceed the percentage of work complete. AUGUSTA shall hold the amount of the final payment until the project is completed satisfactorily, including final approval from HPD. 2. AUGUSTA and the Augusta-Richmond County Planning Commission will also furnish, without charge to the CONSULTANT, information and support services as mutually agreed upon. C. MUTUAL AGREEMENTS 1. The terms of this AGREEMENT is from the day and year below written through September 30, 2003 unless terminated earlier pursuant to the provisions of paragraph (C)(2). 2. Either party may terminate this AGREEMENT by providing written notice of such intent thirty (30) days in advance of termination date. In the event of termination by either party, CONSULTANT agrees to cease all work, to turn over to AUGUSTA all materials acquired for this contract work, and to submit AUGUSTA an invoice for work performed prior to termination. 3. This AGREEMENT is subject to all applicable regulations, laws, policies, guidelines and requirements of the Historic Preservation Fund Grant program, including OMB A-102, FMc 74-4 and 74-8, National Register Programs Manual and any special conditions or regulations relating to the application, acceptance and use of federal funds for a federally assisted project. All work shall meet the Secretary of the Interior's Standards for Archaeology and Historic Preservation. 4. No part of the funds provided under the terms of the 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 designed to 3 ~ t oJ .~ i. 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. 5. All data assembled and documents prepared to carry out the Proposed Work Plan, or as provided by AUGUSTA, shall become the property of the Georgia Department of Natural Resources. All publications, reproductions, and copyright privileges shall be the property of the Georgia Department of Natural Resources. 6. Any publications, announcements, news releases, exhibits or presentation related to the project shall acknowledge federal assistance substantially as follows: "This publication has been financed in part with federal funds from the National Park Service, U.S. Department of the Interior, through the Historic Preservation Division of the Georgia Department of Natural Resources. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior, nor does the mention of trade names, commercial products, or consultants constitute endorsement or recommendation by these agencies. This program received Federal financial assistance for identification and protection of historic properties. Under Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975, as amended, the U.S. Department of the Interior prohibits discrimination on the basis of race, color, national origin, age, gender, or disability in its federally-assisted programs. If you believe you have been discriminated against in any program, activity, or facility as described above, or if you desire further information, please write to: Office of Equal Opportunity, National Park Service, P,O. Box 37127, Washington, DC 20013-7127." 7. This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. 4 . . 8. This agreement is at all time subject to applicable State and Federal laws, standards, rules and regulations now existing or which may be hereafter enacted or adopted. 9. This agreement and all rights, privileges and responsibilities shall be interpreted and construed according to the laws of the State of Georgia. 10. All claims, disputes, and other matters in question between the Owner and the CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, 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. 11. The failure of AUGUSTA at any time to require performance by the CONSULTANT of any provision hereof, shall in no way affect the right of AUGUSTA thereafter to enforce that same provision or any part of the contract, nor shall the failure of AUGUSTA to enforce any breach of any provision hereof be taken or held to be a waiver of such provision, or as a waiver, modification or cancellation of the contract itself. 12. This agreement represents the sole and completes understanding of the terms of this agreement between the parties hereto and may be amended, changed or modified only by a written document signed by the parties hereto. 13. Failure by the CONSULTANT to satisfactorily complete work by August 15, 2003 will result in a daily penalty of $100 per day until the project is completed satisfactorily and approved by HPD. 14. Notices pursuant to this agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: 5 - .. , Augusta: Bob Young, Mayor Room 806, City-County Bldg. (11) 530 Greene Street Augusta, GA 30911 CONSULTANT: Historic Augusta, Inc. 111 Tenth Street Augusta, GA 30901 Alternatively, notices required pursuant to this agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service. 15. This agreement is executed in two counterparts, each of which is deemed an original of equal dignity with the other and which is deemed one and the same instrument as the other. IN WITNESS WHEREOF, the parties hereto have signed, sealed, and delivered these Presents this 'f day of ljn C4A..~ , 2003, CONSULTANT: mSTORIC AUGUSTA, INe. Signmure: ~/~ Name: Ed waAd 3". Ca.,sh; ~ ySignature: Name: Bob Young Title: Pre~; eJi~r Title: ~~. Attest: ~ Name: Lena Bonner Title: Clerk 6 1: .~ ~ SCOPE OF WORK PINCHED GUT mSTORIC DISTRICT SURVEY AUGUST A, GEORGIA SCOPE OF WORK The consultant is to conduct a parcel-by-parcel survey of resources, including non-contributing resources, of an area coinciding with the National Register listed Pinched Gut Historic District. The survey results will be used in developing a local historic district designation for Pinched Gut. The survey also will be a valuable resource for educators and researchers. Pinched Gut is located just east of downtown Augusta and includes approximately 700 resources. Additional information on the district is included as Attachment # 1. An individual survey form is to be completed for each resource. The consultant may design the survey form, but it should contain, at a minimum, the following information. Note that the required information includes two photographs of each resource. 1. Street Address 2. Common or Historic Name (if applicable) 3. Construction Date (factual or estimated) 4. Architectural Style (Italianate, Greek Revival, etc.) 5. Exterior Construction Materials (roof, walls, windows & doors) 6. Exterior Architectural Details or Decorative Elements 7. Alterations (none, minor, moderate, extensive) 8. Condition (excellent, good, fair, poor, deteriorated) 9. Type of Resource (contributing or non-contributing) 10. Outbuildings (if applicable) 11. Two 3 x 5 black and white contact prints of the resource The consultant shall provide the following deliverables. 1. Two sets of the printed survey forms with black and white contact prints attached 2. One additional set of printed survey forms without the contact prints 3. Two copies of a historic district map with type of resource indicated for each resource surveyed 4. Two copies of a survey report that includes the survey methodology, a brief development history of the historic district, an analysis of survey results, and recommendations for future preservation activity. The consultant will participate in two public meetings related to the project. A project kick-off meeting will be held to publicize the survey and respond to any questions from historic district residents, property owners, and the general public. A second meeting will be held near the end of the project to present the results of the survey. The consultant should complete all field work and data entry by May 16, 2003, and provide final deliverables to Augusta no later than June 30, 2003. The consultant will be provided entree to the community, access to research materials, and introduction to appropriate officials. The City, the HPC, and the Augusta-Richmond County Planning Commission will provide additional technical support. '\;.. '" ;5,-. Pinched Gut (P.G.) Historic District Location: In the eastern part of Augusta in an area bounded generally by Reynolds Street on the north, East Boundary on the east, the Gordon Highway on the west, and the southern edges of May Park, Magnolia Cemetery and Cedar Grove Cemetery on the south. Acrea2;e: Approximately 300 acres Description: The Pinched Gut Historic District covers approximately fifty city blocks, two cemeteries and a city park. Approximately 700 resources are located in the district. The district is primarily residential in character and appearance with a wide variety of nineteenth and early twentieth century styles represented, CWTent land use is a mix of residences, professional offices, and vacant lots. A limited number of commercial land uses are located on the fringe of the district. The two cemeteries are among the oldest in the city. May Park is historic but has been altered through the addition of modern structures and recreation facilities. The gridiron street pattern includes two with landscaped medians: Broad Street and Greene Street. Date Listed: Pinched Gut was listed in the National Register of Historic Places on March 6, 1980. District Map: Copy Attached 2