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HomeMy WebLinkAboutHISTORIC AUGUSTA PHASE 3 JOF THE HISTORIC REOURCE STUDY STATE OF GEORGIA RICHMOND COUNTY AGREEMENT This agreement is hereby established jointly between the Augusta, Georgia, a political subdivision of the State of Georgia, by and through the Augusta- Richmond County Commission, (hereinafter referred to as AUGUSTA), whose address is 530 Greene Street, Augusta, Georgia 30911, and Historic Augusta, Inc (hereinafter referred to as: CONTRACTOR), whose address is P.O. Box 37, Augusta, Georgia, 30903.. WITNESSETH WHEREAS, AUGUSTA has duly applied for and been awarded a matching Federal grant to complete Phase 3 of the Historic Resource Survey of the Harrisburg - West End Historic District, and; WHEREAS, AUGUSTA is able to contract with an organization or individual capable of providing services to complete Phase 3 of the Historic Resource Survey of the Harrisburg -West End Historic District, and; WHEREAS, CONTRACTOR 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, Augusta and Contractor agree as follows: A. OBLIGATIONS OF CONTRACTOR 1. CONTRACTOR shall perform the work and services as herein provided, and as more fully described in Exhibit "A ", Proposed Approach and Work Plan, which is attached hereto and incorporated by reference. The Proposed Work Plan is taken from the proposal submitted by the CONTRACTOR, dated August 24, 2010. 1 2. It is agreed that neither the CONTRACTOR nor anyone acting for the CONTRACTOR 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 CONTRACTOR shall be deemed to be an independent contractor 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. CONTRACTOR covenants that CONTRACTOR 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. CONTRACTOR further covenants that in the performance of this agreement, no person having any such interest shall be employed or contracted with. 5. CONTRACTOR 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.). CONTRACTOR 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 - RICHMOND COUNTY 1. AUGUSTA shall pay CONTRACTOR a fee of Eleven Thousand Four Hundred dollars ($11,400.00). CONTRACTOR 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 CONTRACTOR. Invoices by the CONTRACTOR shall include a progress report showing percent of work complete and shall include copies of completed work where applicable. Payment requests shall not exceed the percentage of work complete. The amount of the final payment shall be held by 2 AUGUSTA until the project is completed satisfactorily, including final approval from HPD. 2. The Augusta - Richmond County Planning Commission will also furnish, without charge to the CONTRACTOR, 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, 2011 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, CONTRACTOR 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 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. 3 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 or the Georgia Department of Natural Resources, 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, 1849 C Street, N.W.,, Washington, DC 20240." 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. 8. This agreement is at all times subject to applicable State and Federal laws, standards, rules and regulations now existing or which may be hereafter enacted or adopted. 4 • 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 Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONTRACTOR, 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 CONTRACTOR 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 complete 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 CONTRACTOR to satisfactorily complete work (i.e. submit final project materials) by August 15, 2011 will result in a daily penalty of $100.00 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: Augusta: Deke Copenhaver, Mayor Room 806, Municipal Building 530 Greene Street Augusta, GA 30901 5 Exhibi-i- 4 Propo5ed Approad'i Qrd t4rk P lao Historic Augusta, Inc. Proposal for Historic Resources Survey RFP #10 -158 1. History and Background of the Firm Historic Augusta, Inc. is a private, non - profit 501 (c) (3) historic preservation organization that was founded in 1965. Historic Augusta has been challenged with preserving Augusta's architectural heritage as an economic development tool for revitalizing downtown and historic neighborhoods in Augusta and Richmond County. Included among the hundreds of buildings that have been saved with the technical assistance, financial support or advocacy of Historic Augusta are: Houghton School, Union Baptist Church, and the Ezekiel Harris House. The two most visible and largest restoration projects have been the Boyhood Home of President Woodrow Wilson, operated as a house museum and tourist attraction, and the Joseph R. Lamar Boyhood Home, which serves as a visitor's center and our organizational headquarters. Historic Augusta's area of expertise is historic preservation. Historic Augusta manages a Historic Properties Fund; coordinates a preservation easement and protective covenant program; provides technical assistance to local government agencies and individuals; promotes programs associated with the National Register of Historic Places; and represents Augusta's preservation interests throughout the state and nation. In 2006, the organization launched an "Endangered Properties" program, identifying specific historic places in Augusta that are in danger of being lost. In February 2008, Historic Augusta was awarded a Partners in the Field challenge grant through the National Trust for Historic Preservation to expand technical support and field services in Augusta and Richmond County. The principals for this project are Executive Director Erick D. Montgomery and Preservation Services Director Robyn A. Anderson. Mr. Montgomery earned his Bachelor of Science in History with an emphasis in Historic Preservation from Middle Tennessee State University in 1979. He has worked full - time in the field of history, architectural history, and historic preservation since 1979. Ms. Anderson earned her Bachelor of Science in Historic Preservation from Southeast Missouri State University in 2005 and has worked full -time in the field of history and historic preservation since 2005. 2. Approach to the Project and Time Schedule Historic Augusta will complete a historic resources survey for a part of the Harrisburg -West End Historic District with the proposed boundaries of the following area: bound by Eve Street on the east, Gardner Street on the North, Heckle Street on the South, and Beaufort Road on the west. A narrow corridor is also included in phase 3 which is roughly bound by Eve Street on the east, Greene Street on the north, the eastern half of the block between Tubman Street and Milledge Road, and Hicks Street on the south. Historic Augusta will provide an architectural description of each identified historic resource noting age of the structure, history, setting, location, and significance within the historic district. Information gathered will be entered into the Department of Natural Resources Historic Preservation Division's Natural, Archaeological and Historic Resources Geographical Information Services ( NAHRGIS) program. One to four digital photographs will be taken of each structure to document its condition and location. This comprehensive survey will conform to the Historic Preservation Division's standards which are outlined in their Historic Resources Survey Manual. Historic Augusta will provide four copies of the survey map, four copies of the NAHRGIS forms for each property, and six copies of the survey report as deliverables. The survey report will describe how the survey was funded, the sponsor, the name of the surveyor, a brief history of the area and how the neighborhood reflects distinctive aspects of Georgia history, and an architectural analysis. Historic Augusta will participate in public meetings held in relation to the project in conjunction with the regularly scheduled Harrisburg -West End Neighborhood Association meetings. Historic Augusta will participate in a preliminary meeting to publicize the survey and respond to questions from the residents, property owners, and the general public. At the end of the project, a meeting will be held to discuss the outcome and results of the survey. The project will begin as soon as Historic Augusta has been chosen to be the consultant and a contract is signed. Assuming the date of the contract is on or about December 24, 2010, the project would be completed no later than July 15, 2011. 3. Project Personnel Historic Augusta's Executive Director Erick D. Montgomery will be one of the key professionals assigned to this project. He meets the qualifications for key professional personnel assigned to the project as outlined in the Code of Federal regulations, 36 CFR Part 61, in the field of History. Mr. Montgomery earned his Bachelor of Science in History with an emphasis in Historic Preservation from Middle Tennessee State University in 1979. He has worked full -time in the field of history, architectural history, and historic preservation from 1979 to the present. Mr. Montgomery's experience with similar projects is outlined in section 5 below and he has completed historic resource surveys throughout Georgia and in parts of Tennessee, Alabama, and Florida. Mr. Montgomery's full resume is attached to this proposal. Historic Augusta's Preservation Services Director Robyn A. Anderson will also be a key professional assigned to this project. She meets the qualifications for key professional personnel assigned to the project as outlined in the Code of Federal regulations, 36 CFR part 61, in the field of Architectural History. Ms. Anderson earned her Bachelor of Science in Historic Preservation from Southeast Missouri State University in 2005. She has worked full -time in the field of historic preservation, history, and site administration since 2005 and is currently serving as the field representative for the National Trust for Historic Preservation Partners in the Field challenge grant for Augusta and Richmond County. Ms. Anderson has recently completed Phase 2 of the Historic Resources Survey for the Harrisburg -West End Historic District for Historic Augusta, Inc. Ms. Anderson's full resume is attached to this proposal. 4. Project Budget The project budget is contained in a sealed envelope included with this proposal. 5. Descriptions and References on Similar Projects In the past three years, Historic Augusta has worked on the following similar projects. Historic Augusta has researched and created walking tours for the Augusta Downtown Historic District, developed a National Register Travel Itinerary, completed a historic resources survey for phase 2 of the Harrisburg - West End Historic District. The walking tours for the Augusta Downtown Historic District were started in 2007 and are an ongoing project for Historic Augusta. The tours are self - guided and designed to highlight both architectural and historical significance of buildings along major streets and cross streets. The purpose is to increase the use, enjoyment, and appreciation of historic buildings and sites. Walking tours are complete for Telfair Street and Greene and Broad Streets are in progress. Reynolds Street will be added in the near future along with the rest of Broad Street. The tour is available through the Historic Augusta website and therefore easily accessed by residents and visitors and updated by staff as specific areas are completed. Historic Augusta's research for each structure will act as a historic resources survey for the downtown area. The reference for this project is: Paul DeCamp Planning Director Augusta- Richmond County Planning Commission 525 Telfair Street Augusta, Georgia 30901 Telephone: (706) 821 -1796 E -mail: pdecamp @augustaga.gov A National Register Itinerary for the city of Augusta was completed in September 2007 by Historic Augusta, Inc., the National Park Service's Heritage Education Services, and the Augusta Canal National Heritage Area in partnership with the National Conference of State Historic Preservation Officers, the Georgia Department of Natural Resources and the Augusta Convention and Visitors Bureau. The Discover Our Shared Heritage Travel Itinerary features 39 historic places and districts listed on the National Register of Historic Places in Augusta. The itinerary includes descriptions of each featured historic place or district, essays on important themes in the city's development, a map and links to helpful resources. The reference for this project is: Carol D. Shull Chief, Heritage Education Services National Park Service 1849 C. Street NW (2258) Washington, DC 20240 Telephone: 202 - 354 -2234 E -Mail: Carol_Shull @nps.gov In March 2010, Historic Augusta, Inc. was hired as the consultant by Augusta - Richmond County to complete phase 2 of a three phased historic resources survey for the Harrisburg -West End Historic District. Over 400 historic resources were photograph, documented, and information was entered into the Department of Natural Resources Historic Preservation Division's Natural, Archaeological and Historic Resources Geographical Information Services (NAHRGIS) program. Historic Augusta completed this survey to conform to the Historic Preservation Division's standards which are outlined in the Historic Resources Survey Manual. The reference for this project is: Margaret Woodard Executive Director Downtown Development Authority 936 Broad Street, Suite 107 Augusta, GA 30901 Telephone: 706 - 722 -8000 Email: mwoodard@augustadda.org Contractor: Erick Montgomery, Executive Director Historic Augusta, Inc. P.O. Box 37 Augusta, GA 30903 -0037 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 1, day of 4941e r , 2010. CONTRACTOR: HISTORIC GUSTA NC. AU USTA, GEORGIA Signature: L„,„,, ALL., Signature: "64 Name: RObERT C RN q) ti OName: Deke Copenhaver Title: FR t b 1 T Title: Mayor Attest: �� 11 4 ' t' Name: Lenaoiin: ` a 40 Title: Clerk ©` ;6 ' 6