HomeMy WebLinkAboutSPLOST 7 AGREEMENT BETWEEN AUGUSTA, GEORGIA AND AUGUSTA CANAL IMPROVEMENT PROJECT •
s.
STATE OF GEORGIA )
RICHMOND COUNTY )
SPLOST 7 CONTRACTOR AGREEMENT
AUGUSTA CANAL IMPROVEMENT PROJECT
This AGREEMENT made and entered into this I My of cirri � 2017, between
Augusta, Georgia, acting by and through 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 Augusta, Georgia, November 3, 2015, approved the imposition
of the Special Purpose County One Percent Sales and Use Tax ("SPLOST 7"), 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 for
certain recreational, historical and cultural improvement capital outlay projects to be
implemented through various outside agencies as provided in guidelines adopted on August 18,
2015;
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 Canal Improvement Project (hereinafter referred to as "Project"), which was a part of
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the approved capital outlay projects for public facilities, referenced in the above-described
Intergovernmental Agreement;
WHEREAS the proceeds of said tax in the amount of$300,000 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 sum of$1,500,000.00 to the AUTHORITY
for the purpose of constructing the Project,payable as follows:
$300,000.00 at the execution of this Agreement.
The balance of the sum is anticipated to be payable as follows:
$400,000.00 prior to the end of March 2019,
$400,000.00 prior to the end of March 2020.
$400,000 prior to the end of March 2021.
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
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acknowledge that Augusta will have fully funded its SPLOST 7 project obligation to the
AUTHORITY by payment of$1,500,000.00 in full made at the time this contract is entered into
or by funds to be collected and held by Augusta and encumbered for installment payments.
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 Augusta Canal, Augusta Canal Interpretive Center and
improvements to the Augusta Canal National Heritage Area located on or adjacent to the
Augusta Canal at Augusta, Georgia. Said real estate and improvements are more particularly
described at Exhibit A-1, 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 second quarter of 2017 to wit: June 30, 2017 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 reports 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,Deputy Finance Director.
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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
withe naaepeacg riipls, for which the proceeds of the tax are used.
Theth AUTHORITYlly shall submit quarterlycountinaccountingereports to the County for all funds that the
AUTHORITYgeerreceives fromd the County.pSaidncaccounting reports shall set forth the amounts
expended on the Projecttduring 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 utilize a procurement/purchasing policy reasonably acceptable
to Augusta or 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.
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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
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
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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.
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, at the request of Augusta, 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. The decision to review or not
review any such contracts shall not absolve the AUTHORITY from any liability and the
AUTHORITY shall hold Augusta harmless for any irregularity or illegality in connection with
such contracts.
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.
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AUGUSTA-RICHMOND I lk COMMISSION
By AN.°
, Mayor
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EXHIBIT "A"
CONTRACTOR: AUGUSTA CANAL AUTHORITY
PROJECT NAME: AUGUSTA CANAL IMPROVEMENT PROJECT
DESCRIPTION OF PROJECT/SCOPE OF WORK: Use the SPLOST 7 funds to match
federal grants, state grants and Authority funds for capital projects on the Augusta Canal
and within the boundaries of the Augusta Canal National Heritage Area as follows:
PROJECTED TIME OF COMPLETION: 2021
SPLOST 7 PROJECT LIST
Grant Number Project Grant Amount SPLOST 7 Total
Description
GA DOT PI Extend River $450,000 $500,000 $950,000
#0013705 Levee Trail to
Riverwalk
Private Canalside Trail $15,000 $300,000 $315,000
Donation from 13th Street
to 15th Street
Number TBD Trailhead with $100,000 $200,000 $300,000
Parking across
from Pumping
Station
EPA Sibley Mill $200,000 $500,000 $700,000
BFOOD25114-0 Environmental
Cleanup
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Total $765,000 $1,500,000 $2,265,000
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EXHIBIT "A-1"
LOCATION/LEGAL DESCRIPTION OF PROPERTY ON WHICH PROJECT IS
LOCATED:
The Augusta Canal, consisting of three levels, extends from the Headgates to Hawk's Gulley at
15th Street and Beaver Dam ditch in Phinizy Swamp. The canal and adjacent properties are
owned by the City of Augusta and the Augusta Canal Authority. The Discovery Center is
located in Enterprise Mill at 1450 Greene Street.
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