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Home My WebLink AboutINTERGOVERNMENTAL AGREEMENT BETWEEN AUGUSTA, GA AND GEORGIA DEPARTMENT OF TRANSPORTATION_ TIA: SUPPLEMENTAL AGREEMENT NO. 1 FOR FIFTH STREET BRIDGE Contract ID: AETIALCL150528 P.I.No. 0011418 ri SUPPLEMENTAL AGREEMENT NO. 1 By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION and CITY OF AUGUSTA t 0 This Agreement, made and entered into this dayJof AUqu,3+ 2018 by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of`Georgia, 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 September 10, 2018, entered into an Agreement, hereinafter called the "Original Contract", 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 5th Street Bridge, PROJECT NUMBER RC07-001217; P.I 0011418 hereinafter called the "PROJECT"; and WHEREAS, the parties wish to amend said Agreement Amount due to a need for changing the funding of phases 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 September 10 2018, is hereby modified as follows: 1. The Subsection E in ARTICLE I, SCOPE AND PROCEDURE is deleted in its entirety and the following is inserted in lieu thereof: "E. Preliminary Engineering Activities. The LOCAL GOVERNMENT shall be solely responsible for the Preliminary Engineering ("PE") activities for the PROJECT. The PE activities 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 ONE MILLION DOLLARS AND ZERO CENTS ($1,000,000.00) for eligible PE costs, contingent upon the availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. PE costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT. 2. The last two sentences of the first paragraph of Subsection F in ARTICLE I, SCOPE AND PROCEDURE, 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. Page 1 of 4 Contract ID: AETIALCL150528 P.I.No. 0011418 3. Subsection G in ARTICLE I, SCOPE AND PROCEDURE is deleted in its entirety and the following is inserted in lieu thereof: "G. Utility/Railroad Activities. The LOCAL GOVERNMENT shall be solely responsible for the Utility/Railroad Activities for the PROJECT. The Utility/Railroad Activities 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 the amount indicated in "H. Construction" for the sum of eligible Utility/Railroad Activities costs and eligible Construction costs, contingent upon the availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. Utility Activities costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT." 4. The first paragraph of Subsection H in ARTICLE I, SCOPE AND PROCEDURE 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 EIGHT MILLION TWELVE THOUSAND THREE HUNDRED SIXTY-SIX DOLLARS AND ZERO CENTS ($8,012,366.00) for eligible Construction costs, contingent upon the availability of special district transportation sales and use tax proceeds as more specifically set forth in Article VI, COMPENSATION AND PAYMENT. Construction costs eligible for reimbursement are those Eligible Project costs as defined in Article VI, COMPENSATION AND PAYMENT. 5. Subsections I. and J. in ARTICLE I, SCOPE AND PROCEDURE are deleted in their entirety and the following is inserted in lieu thereof: "I. RESERVED J. RESERVED" 6. 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." Page 2 of 4 Contract ID: AETIALCL150528 P.I.No. 0011418 7. EXHIBIT B, BUDGET ESTIMATE is deleted in its entirety and the following is inserted in lieu thereof: EXHIBIT B BUDGET ESTIMATE RC07-001217,PI#0011418 Original Contract Fundin_ PHASE TIA AMOUNT RESPONSIBILITY PE-PHASE-1 $162,456.63 CITY OF AUGUSTA PE-PHASE-2 $587,543.37 CITY OF AUGUSTA RNV $0.00 CITY OF AUGUSTA CST $8,262,366.00 CITY OF AUGUSTA GDOT Project Management/Contingency $137,244.00 DEPARTMENT TOTAL $9,149,610.00 Contract Funding as Modified by Supplemental Agreement#1 PHASE TIA AMOUNT RESPONSIBILITY PE-PHASE-1 $162,456.63 CITY OF AUGUSTA PE-PHASE-2 $837,543.37 CITY OF AUGUSTA R/W $0.00 CITY OF AUGUSTA CST $8,012,366.00 CITY OF AUGUSTA GDOT Project Management/Contingency $137,244.00 DEPARTMENT TOTAL $9,149,610.00 All terms and conditions of the Original Contract, dated September 10 2018, shall remain in full force and effect, except as modified, changed, or amended by this Supplemental Agreement Number 1. 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 3 of 4 . . • Contract ID: AETIALCL150528 P.I.No. 0011418 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 d i / (L, , t, Commissioner (Seal) A CITY OF AU _ • " A,GEORGIA (Seal) op k\y f' "/ Y`��/4 i r��n,• a , Tor Ar�•'•••T 4 k r /�( Name and Title Attest: i • , % �F ) �,� � �� . ��"�'"t _ �% Witness Nj:4 .1.1411.:1i::: i +% Treas rer J � O :::::jirlg"':11111::ra."' •• JV #, �4 Ofps Signed,sealed andd livered ,•��,, R`F�`,��'. inh hes 11day oof ,2018, �• •14'4/••. ~•.., s� presence t , pRY ' - • ' "dZ� s°. 4, Q >;�NotaryPublic s �v ix.: I. Pu % ,r My Commission Expires May 25,2019 NqH"� w r Attest: 2. (;M , 04;7‘111 1 : Vis. . . / ,�/ Ar ,. , , mere t It °'' ?. 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