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Home My WebLink AboutSUPPLEMENTAL AGREEMENT NO. 2 BY AND BETWEEN THE GEORGIA DEPARTMENT OF TRANSPORTATION AND CITY OF AUGUSTA- 15TH STREET PEDESTRIAN IMPROVEMENT PROJECT Contract ID: AETIALCL160065 P.I.No. 0011408 SUPPLEMENTAL AGREEMENT NO. 2 By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION and CITY OF AUGUSTA J This Agreement, made and entered into this q day of 018, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of orgia, hereinafter referred to as the "DEPARTMENT", and the CITY OF AUGUSTA, GEORGIA, acting by and through its Mayor and City Council or Board of Commissioners, as the case may be, hereinafter referred to as the "LOCAL GOVERNMENT". WHEREAS, the DEPARTMENT and the LOCAL GOVERNMENT heretofore on October 15 201 5, entered into an Agreement, hereinafter called the "Original Contract", which was modified by Supplemental Agreement No. 1, dated October 4, 2017, for the purpose of having the LOCAL GOVERNMENT provide all or part of the Design, Acquisition of Right of Way, Construction, Maintenance, and Operation of SR 4115th Street Pedestrian Improvements, PROJECT NUMBER RC07-000146;P.I 0011408 hereinafter called the "PROJECT"; and WHEREAS, the parties wish to amend said Agreement Amount due to a modification of funding for work on the PROJECT; and WHEREAS the DEPARTMENT and the LOCAL GOVERNMENT agree that the changes may be accomplished within the term of the original contract. NOW, THEREFORE, THE PARTIES HERETO mutually agree that for and in consideration of the mutual benefits to flow from each to the other, the Original Contract, dated October 15 2015, as modified by Supplemental Agreement No. 1, dated October 4, 2017, is hereby modified as follows: 1. The last two sentences of the first paragraph of Subsection E in ARTICLE I, SCOPE AND PROCEDURE as amended by Supplemental Agreement No. 1, reading "The LOCAL GOVERNMENT may request that the reimbursement cap for eligible PE costs be increased or decreased by written request sent to the DEPARTMENT. If the DEPARTMENT agrees, a supplemental agreement with the new reimbursement cap for eligible PE costs shall be issued and signed by the Parties.", are deleted in their entirety. 2. The last two sentences of the first paragraph of Subsection F in ARTICLE I, SCOPE AND PROCEDURE as amended by Supplemental Agreement No. 1, reading "The LOCAL GOVERNMENT may request that the reimbursement cap for eligible Right of Way costs be increased or decreased by written request sent to the DEPARTMENT. If the DEPARTMENT agrees, a supplemental agreement with the new reimbursement cap for eligible Right of Way costs shall be issued and signed by the Parties.", are deleted in their entirety. 3. The last two sentences of the first paragraph of Subsection G in ARTICLE I, SCOPE AND PROCEDURE as amended by Supplemental Agreement No. 1, reading "The LOCAL GOVERNMENT may request that the reimbursement cap for eligible Utility/Railroad Activities costs be increased or decreased by written request sent to the DEPARTMENT. If the DEPARTMENT agrees, a supplemental agreement with the new reimbursement cap for eligible Utility/Railroad Activities costs shall be issued and signed by the Parties.", are deleted in their entirety. Page 1 of 5 Contract ID: AETIALCL160065 P.I.No. 0011408 4. The first paragraph of Subsection H in ARTICLE I, SCOPE AND PROCEDURE, as amended by Supplemental Agreement No. 1, is deleted in its entirety and the following is inserted in lieu thereof: "H. Construction. The LOCAL GOVERNMENT shall be solely responsible for Construction. Construction shall be accomplished in accordance with the ACT, the DEPARTMENT's TIA Manual, and all applicable design guidelines and policies of the DEPARTMENT in order to produce a cost effective PROJECT. Failure to follow the TIA Manual and all applicable guidelines and policies will jeopardize the reimbursement of special district transportation sales and use tax proceeds in some or all categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT for any loss of funding. The DEPARTMENT agrees to reimburse the LOCAL GOVERNMENT Not to Exceed SIX MILLION SIXTY-SEVEN THOUSAND FIFTY- FIVE DOLLARS AND ZERO CENTS ($6,067,055.00) for eligible Construction costs, using both special district transportation sales and use tax proceeds, contingent upon the availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT, and state funds. Construction costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT." 5. The following is added as Subsection L. in ARTICLE I, SCOPE AND PROCEDURE: "L. Funding Change. The LOCAL GOVERNMENT may request by written correspondence to the DEPARTMENT that the reimbursement cap for eligible costs associated with one or more phases of the PROJECT be increased or decreased. If the DEPARTMENT agrees to the LOCAL GOVERNMENT'S request, the DEPARTMENT will issue a letter approving the new reimbursement cap for the subject phase(s). The DEPARTMENT will not approve by letter any requested change that increases the overall contract amount. Any change to the overall contract amount approved by the DEPARTMENT will be the subject of a written supplemental agreement between the parties." 6. The heading and first paragraph of Subsection A in ARTICLE VI, COMPENSATION AND PAYMENT are deleted in their entirety and the following is inserted in lieu thereof: "A. TIA Funded Project. This PROJECT is funded with both TIA funds and state funds. GDOT will determine in its discretion whether reimbursement to the LOCAL GOVERNMENT will be made using TIA funds or state funds and in accordance with the provisions set forth in this Agreement. THE LOCAL GOVERNMENT ACKNOWLEDGES THAT THE PROJECT IS FUNDED WITH SPECIAL DISTRICT TRANSPORTATION SALES AND USE TAX PROCEEDS COLLECTED PURSUANT TO THE ACT AND THAT THE DEPARTMENT'S PAYMENT OBLIGATIONS RELATED TO THE PROJECT ARE STRICTLY LIMITED AS SET FORTH HEREIN. THE LOCAL GOVERNMENT FURTHER ACKNOWLEDGES THAT NO ENTITY OF THE STATE OF GEORGIA OTHER THAN THE DEPARTMENT HAS ANY OBLIGATIONS TO THE LOCAL GOVERNMENT RELATED TO THIS PROJECT. " 7. The first paragraph of Subsection C in ARTICLE VI, COMPENSATION AND PAYMENT is deleted in its entirety and the following is inserted in lieu thereof: It is understood and agreed that the total costs of the PROJECT as shown in Exhibit "B", BUDGET ESTIMATE, attached hereto and incorporated as if fully set forth herein is the amount established in the Approved Investment List, plus additional state funds, or a total of SEVEN MILLION, FIVE HUNDRED FORTY-TWO THOUSAND SIX HUNDRED NINETY-FIVE DOLLARS AND FORTY-THREE CENTS ($7,542,695.00), and sets forth with specificity the amount funded by special district transportation sales and use tax proceeds and the amount funded by state funds. This BUDGET ESTIMATE is the Page 2 of 5 Contract ID: AETIALCL160065 P.I.No. 0011408 maximum amount of special district transportation sales and use tax proceeds that can be made available for the PROJECT, contingent upon the provisions set forth herein. This BUDGET ESTIMATE is also the maximum amount of state funds that can be made available for the PROJECT. The PROJECT BUDGET ESTIMATE shall include any claims by the LOCAL GOVERNMENT for all costs incurred by the LOCAL GOVERNMENT in the conduct of the entire scope of work for the PROJECT. The LOCAL GOVERNMENT shall be solely responsible for any and all amounts in excess of the BUDGET ESTIMATE or for amounts not available from special district transportation sales and use tax proceeds." 8. The first two paragraphs of Subsection D in ARTICLE VI, COMPENSATION AND PAYMENT are deleted in their entirety and the following is inserted in lieu thereof: The LOCAL GOVERNMENT shall submit to the DEPARTMENT monthly reports of the PROJECT's progress to include a report on what was accomplished during the month, anticipated work to be done during the next month and any problems encountered or anticipated. Payment vouchers for ELIGIBLE PROJECT COSTS will be made monthly on the basis of calendar months and submitted to the DEPARTMENT. The DEPARTMENT shall, at the request of the LOCAL GOVERNMENT, review such payment vouchers. If approved, and to the extent that payment will be made with special district transportation sales and use tax proceeds, the vouchers shall be certified by the Commissioner of Transportation or the Commissioner's designee and submitted to GSFIC along with the DEPARTMENT'S certification. After reimbursement from GSFIC, payment shall be made to the LOCAL GOVERNMENT, subject to the provisions set forth herein." 9. The first paragraph of ARTICLE VII, FINAL PAYMENT is deleted in its entirety and the following is inserted in lieu thereof: " Upon completion of the work by the LOCAL GOVERNMENT and acceptance by the DEPARTMENT of the work, including the receipt of any final written submission by the LOCAL GOVERNMENT and a final statement of costs, and to the extent that payment will be made with special district transportation sales and use tax proceeds, the DEPARTMENT shall submit the certified final payment voucher to GSFIC and, after receipt of reimbursement from GSFIC, shall pay to the LOCAL GOVERNMENT a sum equal to one hundred percent (100%) of the total compensation as set forth in all approved invoices, less the total of all previous partial payments, paid or in the process of payment, contingent upon the availability of special district transportation sales and use tax proceeds as set forth in ARTICLE VI, COMPENSATION AND PAYMENT." Page 3 of 5 Contract ID: AETIALCL160065 P.I.No. 0011408 10. EXHIBIT B, BUDGET ESTIMATE is deleted in its entirety and the following is inserted in lieu thereof: EXHIBIT B BUDGET ESTIMATE RC07-000146, P.l.#0011408 Original Contract Fundin? PHASE TIA AMOUNT RESPONSIBILITY CST $4,967,055.00 LOCAL GOVERNMENT GDOT Project Management $75,640.00 DEPARTMENT TOTAL $5,042,695.00 Contract Funding as Modified by Supplemental Agreement#1 PHASE TIA AMOUNT RESPONSIBILITY PE $1,350,000.00 LOCAL GOVERNMENT ROW $50,000.00 LOCAL GOVERNMENT CST-TIA $3,567,055.00 LOCAL GOVERNMENT GDOT Project Management/Contingency $75,640.00 DEPARTMENT TOTAL $5,042,695.00 Contract Funding as Modified by Supplemental Agreement#2 PHASE TIA AMOUNT RESPONSIBILITY PE $1,350,000.00 LOCAL GOVERNMENT ROW $50,000.00 LOCAL GOVERNMENT CST-TIA $3,567,055.00 LOCAL GOVERNMENT CST-State $2,500,000.00 LOCAL GOVERNMENT Contract TOTAL $7,467,055.00 LOCAL GOVERNMENT GDOT Project Management/Contingency $75,640.00 DEPARTMENT TOTAL $7,542,695.00 All terms and conditions of the Original Contract, dated October 15 2015, as amended by Supplemental Agreement Number 1, dated October 4, 2017, shall remain in full force and effect, except as modified, changed, or amended by this Supplemental Agreement Number 2. The terms and conditions of this Agreement shall be binding upon, and inure to the benefit of, all successors and assignees of the parties. Page 4 of 5 Contract ID: AETIALCL160065 P.I.No. 0011408 IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF LOCAL GOVERNMENT TRANSPORTATION L--tit M 7ce ""),e ommissioner (Seal) Aan CITY OF A A GEORGIA (Seal) i�I'+s^ ��oog'0�g ixM V: , • � �a. 1��IQ 1'�U I`�'- flCJ►'vis fir. , Ma c�Y' h:`; r?z . '•, . Name and Title U Attest: "o ° Q -t/ i > e A. . . — -- ;c• Witness Treasu er �,: '` .®*� klon O EO �� E Signed, a led and •elivered This / day of 1 I I . ,2018, 00.4% 11 t/Lie%%, in the presence of: i 1 di ' 1 �OTA4 �•- o`a Public 1 1. �.G' ry A +^ e~ i : �b Expires May 25,2019 s A :T;77 F .` aw Att st: tq�p. /.191° A/ ,V/ i f" / 4 i a '' # „ % ,1-, t A4 hr a l; 15 J 5810.144 4 ., �` ,n Feloy4tdentifi0'atio Tumk er k .A '1'400,**,..*" 4r « {°t.Otta:lt ' ••Thr, uV,,. Page 5 of 5