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HomeMy WebLinkAboutFY 2011 HISTORIC PRSERVATION FUND GRANT CONTRACT SUMMERVILLE HISTORIC RESOURCE SURVEY PHAS 1STATE 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 1 of the Historic Resource Survey of the Summerville National Register Historic District, and; WHEREAS, AUGUSTA is able to contract with an organization or individual capable of providing services to complete Phase 1 of the Historic Resource Survey of the Summerville National Register 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 ", Scope of Work and Timetable for the Contractor, which is attached hereto and incorporated by reference. CONTRACTOR shall survey and document approximately 450 tax parcels in the 1 course of the project and shall complete the required work and services in accordance with the schedule included in Exhibit A. 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 Twelve Thousand dollars ($12,000.00). 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 2 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 AUGUSTA until the project is completed satisfactorily, including final approval from HPD. 2. The Augusta Planning and Development Department 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, 2012 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 3 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 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. 4 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. 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, 2012 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: 5 Signature: Attest: 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, t; e parties hereto have signed, sealed, and delivered these presents this L`day of CONTRACTOR: HISTORIC AUGUSTA, INC. AUGUSTA, GEORGIA Name: Paul Kin Title: President Name: Erick Montgomery Title: Executive Director Augusta: Deke Copenhaver, Mayor Room 806, Municipal Building 530 Greene Street Augusta, GA 30901 Contractor: Erick Montgomery, Executive Director Historic Augusta, Inc. P.O. Box 37 Augusta, GA 30903 -0037 , 2012. 6 Signature: Name: derick L. Russell Title: Administrator DATE ACTION June 1, 2012 Complete First Draft of Survey July 15, 2012 Complete Final Draft of Survey August 15, 2012 Submit Final Survey and Other Deliverables SUMMERVILLE HISTORIC RESOURCE SURVEY, PHASE 1 EXHIBIT A SCOPE OF WORK AND TIMETABLE FOR THE CONTRACTOR Historic Augusta will complete a historic resources survey for the part of the Summerville National Register Historic District within the following area: roughly bound by Heard Avenue on the east, Gardner Street and Milledge Road on the North, Kings Way on the South, and Johns Road on the west (see attached map). Historic Augusta will prepare 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 the following deliverables at the conclusion of the survey: • Four (4) copies of the survey map • Four (4) copies of the NAHRGIS forms for each property • Six (6) 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 also participate in public meetings held as part of the project. A public meeting will be held at the start of the project to publicize the survey and respond to questions from the residents, property owners, and the general public. At the end of the project, a public meeting will be held to discuss the results of the survey and provide an opportunity for comments and questions. SURVEY TIMETABLE Historic Augusta will adhere to the schedule in completing the survey: April 16, 2012 Fred Russell, Administrator City of Augusta 530 Greene Street, Room 801 Augusta, GA 30901 RE: Consultant Selection - RFP #12 -112 Summerville Historic Resource Survey Dear Mr. Russell, This is to request approval to award a contract to Historic Augusta, Inc., in the amount of $12,000.00, to complete the referenced project. The project involves conducting a survey of approximately 650 properties in part of the Summerville National Register Historic District. The project is being financed in part with a reimbursable Historic Preservation Fund (HPF) grant that the city accepted last year. The consultant selection process has followed the city's procurement requirements and been done in cooperation with the Procurement Department. The project selection committee scored Lord • Aeck • Sargent higher than the other two respondents, but contract negotiations with the firm were unsuccessful. Historic Augusta, Inc. was the second - ranked firm and contract negotiations with the firm were successful. I have attached the composite scores for all three respondents and a copy of the selection committee's written recommendation to the Procurement Department regarding Historic Augusta. I expect this project to be completed in 4 -5 months. I look forward to your response to this request. Please contact me if you have questions or need additional information. Singgrely, George A Director cc: Pal*` P eCamp Geri Sams Susan Kain Approved: AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT GEORGE A. PATTY DIRECTOR 525 TELFAIR STREET AUGUSTA, GEORGIA 30901 PHONE: (706) 821 -1796 FAX: (706) 821 -1806 www.AugustaGA.gov rederick L. Russell, Adnmi►(istrator 1 Geri A. Sams, P irector, Procurement Dept. Date: 04/17/12 Please contact me if you have any questions. PTD /s ENC Cc: Susan Kain, Finance Department AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT GEORGE A. PATTY DIRECTOR 525 TELFAIR STREET AUGUSTA, GEORGIA 30901 PHONE: (706) 821 -1796 FAX: (706) 821 -1806 www.AugustaGA.gov MEMORANDUM TO: Lena Bonner, Clerk of Commission FROM: Paul DeCamp, Planning and Development Department DATE: June 1, 2012 SUBJ: FY 2011 Historic Preservation Fund Grant Contract Summerville Historic Resource Survey, Phase 1 Enclosed for your records is a fully executed original of the contract between the City of Augusta and Historic Augusta, Inc. related to a 2011 Historic Preservation Fund grant project. I have also attached the Administrator's approval letter for this $12,000 grant - funded project. The City is contracting with Historic Augusta to complete Phase 1 of a historic resource survey of the Summerville National Register Historic District.