HomeMy WebLinkAboutSPLOST III AUGUSTA THIRD LEVEL CANAL IMPROVEMENT PROJECT
STATE OF GEORGIA )
)
RICHMOND COUNTY )
SPLOST III CONTRACTOR AGREEMENT
AUGUSTA THIRD LEVEL CANAL IMPROVEMENT ~T
This AGREEMENT made and entered into this Lday oL , 2008, between
Augusta, Georgia, acting by and thfough 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 Richmond County and Augusta, Georgia, on September 19,
1995, approved the imposition of the Special Purpose County One Percent Sales and Use Tax
(SPLOST III"), effective January 1, 1996, 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 Third Level 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;
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WHEREAS the proceeds of said tax in the amount of $462,062 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:
$462,062 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 Urban SPLOST III project obligation to the
AUTHORITY by payment of $462,062 in full made at the time this contract is entered into or by
funds held by Augusta and encumbered for installment payment.
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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 Third Level of the Augusta Canal located on or adjacent to the
Augusta Canal at Augusta, Georgia. Said real estate and improvements are owned by the City of
Augusta and 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 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 third quarter of 2008 to wit: September 30, 2008 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 replJrts shall be delivered to Augusta Finance Department,
Municipal Building, Augusta, Georgia 30911 to the attention of Ms. Donna Williams, Finance
Director for Augusta, Georgia, or her designee, Mr. Tim Schroer, the accountant for the SPLOST
program.
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
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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.
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
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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 through 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
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.
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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.
AUGUSTA-RICHMOND COUNTY COMMISSION
By: cJ2 cA:xf. V- /
Mayor 0
SEAL
By:
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AUTHORITY:
By: ~~
As its C~>-- '1J,~~
ATTEST:
ASi'fW~1Sr~~n~/
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EXHIBIT" A"
CONTRACTOR: AUGUSTA CANAL AUTHORITY
PROJECT NAME: AUGUSTA Third Level CANAL IMPROVEMENT PROJECT
DESCRIPTION OF PROJECT/SCOPE OF WORK: Use the Urban SPLOST III funds to
provide improvements to the third level of the Augusta Canal located within the Augusta
Canal National Heritage Area.
PROJECTED TIME OF COMPLETION: 2009
PROJECTED BUDGET:
Project Estimated Cost
Improve canal from the RR $150,000
Crossing of canal between 10th
& 9th Street to 7th Street
Improve canal at the $
intersection of the 2nd & 3rd
level of canal across from
Enterprise Mill
Miscellaneous Improvements $
of canal from Hawk's Gulley to
west of 7th Street
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.. ... . ~
EXHIBIT "A-I"
LOCATION/LEGAL DESCRIPTION OF PROPERTY ON WHICH PROJECT IS LOCATED:
The Augusta Canal Third Level, , extends from Hawk's Gulley at 15th Street to Beaver
Dam ditch in Phinizy Swamp. The canal and adjacent properties are owned by the City of
Augusta.
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