HomeMy WebLinkAboutFrazier Associates
Augusta Richmond GA
DOCUMENT NAME: J\~9US~C\, 6A ~ kLA~\eJ[ O\~~DCJ0--te~
DOCUMENT TYPE: ~~~
YEAR: C6)
BOX NUMBER: \'e)
FILE NUMBER: \loOO~
NUMBER OF PAGES: q
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 AUGUST A), whose address is 530 Greene
Street, Augusta, Georgia 30911, and Frazier Associates (hereinafter referred to as:
CONTRACTOR), whose address is 213 North Augusta Street, Staunton Virginia 24401.
WITNESSETH
WHEREAS, AUGUSTA has duly applied for and been awarded a matching
Federal grant to complete the Downtown District Design Guidelines, and;
WHEREAS, AUGUST A is able to contract with an organization or individual
capable of providing services to complete the Downtown District Design Guidelines, 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 September 12, 2001.
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 S 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 Seventeen thousand two hundred
twenty-eight dollars ($17,228.00). 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 [mal payment shall be held
by AUGUSTA until the project is completed satisfactorily, including final
approval from HPD.
2. AUGUSTA, Historic Augusta, Inc., and 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, 2002 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
AUGUST A 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-I02, 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.
5. All data assembled and documents prepared to carry out the Proposed Work Plan,
or as provided by AUGUST A, 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 Opp0l1unity, 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.
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
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
AUGUST A thereafter to enforce that same provision or any part of the contract,
nor shall the failure of AUGUST A 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 by August 15,
2002 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:
Augusta: Bob Young, Mayor
Room 806, City-County Bldg. (11)
530 Greene Street
Augusta, GA 30911
Contractor: Frazier Associates
213 North Augusta Street
Staunton, Virginia 24401
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 )YljEREOF, t/rMarties hereto have signed, sealed, and delivered these
presents this :..c-"'day of ~ ' 2002.
CONTRACTOR:
FRAZIER ASSOCIATES
Signature: .~-h:
Name: W) ~
~ Signature:
~Name: Bob Young
Title:
,
V,a:- ?a.eSi hew!
Title: ~
Attest: 'fflt .lJ~
Name: Lena Bonner
Title: Clerk
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FRAZIER
AsSOCIATES
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PROPOSED APPROACH AND WORK PIAN
PHASE I: BACKGROUND REVIEW AND ANALYSIS
A. Kick-off Meeting
Meet with advisory committee made up of Historic Preservation Commission, City
Planning Staff, Historic Augusta, Main Street Augusta and other stakeholders to
review work plan and objectives that are to be addressed in the design guidelines~
Conduct Public Meeting #1 to explain work plan.
B. Data Gathering
Collect all pertinent planning studies, histories, and maps from the planning Staff,
Historic Augusta, the Main Street office, the state SHPO office, and minutes of the
Historic Preservation Commission meetings.
C. VISual Survey
Conduct windshield survey of historic district and defIne any physically distinct
sub-areas within the downtown. Complete preliminary photography. (with Staff of
City Planning and Historic Augusta)
D. Physical Characteristics
Develop a list of physical characteristics of areas and buildings to analyze in the
district. This list could include building materials; massing; orientation; roof forms
and pitches; roof materialsj stylej window and door typesj patterns, and propor-
tions; storefronts, porches and projections; architectural ornamentation; colors;
texrures; lapdscapingj signs; site dements, srreetscape dements, etc. (with Staff of
.
City Planning and Histo.ric Augusta)
E. Rehabilitation Issues
Develop a list of potential rehabilitation problems to include building condition,
level of alterations, and typical rehabilitation issues such as installation of non-
historic materials, loss of architectural details, inappropriate re~odeling, etc. (with
Staff of City Planning and Historic Augusta)
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PROPOSED APPROACH AND WORK PLAN CONT.
E DeuiledSWIT~
Tour study areas and note building character information and building rehabilita-
tion problems as needed. (with staff of City Planning and Historic Augusta)
G. HPC Decisions' Review
Review past decisions of the Historic Preservation Commission to determine
important issues to address in guidelines. (with staff of City Planning and Historic
Augusta)
H. Public Meetings
Meet with Historic Preservation Commission and committee to discuss results of
background review and analysis. Conduct a Public Workshop #2 to present
findings of analysis and gain input from property owners and residents.
. PHASE II: DEVELOP DRAFT DESIGN GUIDELINES
A. Guideline Components
Based on Phase I, develop a Draft of Downtown Design Guidelines Manual for
Augusta. The following information could be included with graphics:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Introduction and brief historic overview of the historic district
Overview of design review process and ordinance
'Historic and architectural character of district
Rehabilitation guidelines (separate residential and commercial )
New construction guidelines (separate residential and commercial )
Sign and awning guidelines
Private site guidelines (separate residential and commercial )
Public improvemem/Streetscape guidelines
Demolition! Relocation guidelines
Appendix containing a glossary, a bibliography and a list of resource organizations
A sample fmal graphic layout will be included with this first draft of the guidelines.
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PROPOSED APPROACH AND WORK PLAN CONT.
B. Review Meetings
Meet with advisory committee/Historic Preservation Commission as necessary to
discuss draft document.
Conduct Public Workshop #3 to review draft and seek input.
PHASE III: CAMERA READY GRAPHICS & FINAL DRAFT OF GUIDEUNES
A. Revisions
Revise guidelines to address committee and public workshop edits.
B. Final Publication Layout
LaYOUt edited draft with graphics in desktop publishing software with cover and
table of contents.
C. FInal Publication Review
. Send final draft of guidelines to the SHPO and advisory committee for their review.
D. Final Submissions
Present final deliverables to the City of Augusta.
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