RES 2022-05 Adopted RESOLUTION NO. 2022-05
RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AGREEMENT AMONG
THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION THE CITY OF
NORTH AUGUSTA. AND THE AUGUSTA REGIONAL TRANSPORTATION STUDY
WHEREAS, the City of North Augusta desires assistance from SCDOT to conduct a
study to evaluate options for the Georgia Avenue Traffic Calming and Pedestrian Access
Project; and
WHEREAS, SCDOT is an agency of the State of South Carolina with the authority to
enter into contracts necessary for the proper discharge of its functions and duties; and
WHEREAS, ARTS-SC is a public agency with the authority to enter into contracts
necessary for the proper discharge of its functions; and
WHEREAS, the City of North Augusta is a body politic with all rights and privileges
of such including the power to contract as necessary and incidental power to carry out the City
of North Augusta's functions regarding this agreement.
WHEREAS, on March 15, 2021 City Council adopted Resolution No. 2021-09,
authorizing surplus funds from the Planning and Development Department's 2020 fiscal year's
budget to be used for transportation studies, including$43,000 for the Georgia Avenue Traffic
Calming and Pedestrian Access Study and the $43,000 is available in Account 18-4055-265 of
the Capital Projects Fund with said match not to exceed $10,000, and
WHEREAS, the City of North Augusta has received a reimbursable grant from the
Augusta Regional Transportation Study (ARTS) in the amount of$50,000 with a required 20%
match to conduct the Georgia Avenue Traffic Calming and Pedestrian Access Study that is
formalized by this agreement, and
WHEREAS, the City Administrator may be authorized to execute agreements by City
Council for actions they approve; and
WHEREAS, Mayor and Council determined it in the best interest of the City.
NOW THEREFORE BE IT RESOLVED by the Mayor and City Council for the City
of North Augusta, to enter into this agreement with SCDOT and SC-ARTS to conduct the
Georgia Avenue Traffic Calming and Pedestrian Access Study and:
1) Authorizes not more than$10,000 of City funds from Capital Projects Fund Account
18-4055-265 to be utilized; and
2) The City Administrator is authorized to execute the agreements
Scanned rito Laserfiche
Date: 2• oaa
By:
Reposito
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DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS Ith DAY OF
F�M„ery , 2022
Ylon S. Williams, Mayor
ATTEST:
4" d"XJA l
Sharon Lamar, City Clerk
PLA t-21
AGREEMENT BETWEEN THE
SOUTH CAROLINA
DEPARTMENT OF TRANSPORTATION,
THE CITY OF NORTH AUGUSTA,
AND THE
AUGUSTA REGIONAL TRANSPORTATION STUDY
THIS AGREEMENT is made this day of 20_,by and between
the City of North Augusta (hereinafter referred to as "SUBRECIPIENT'), the Augusta Regional
Transportation Study (hereinafter referred to as "ARTS-SC"), and the South Carolina Department
of Transportation(hereinafter referred to as"SCDOT")(collectively"the Parties").
WITNESSETH THAT:
WHEREAS, SUBRECIPIENT desires assistance from SCDOT to conduct a study to
evaluate options for the Georgia Avenue Traffic Calming and Pedestrian Access Project; and
WHEREAS, SCDOT is an agency of the State of South Carolina with the authority to enter
into contracts necessary for the proper discharge of its functions and duties; and
WHEREAS,ARTS-SC is a public agency with the authority to enter into contracts necessary
for the proper discharge of its functions covered under this Agreement; and
WHEREAS, SUBRECIPIENT is a body politic with all the rights and privileges of such
including the power to contract as a necessary and incidental power to carry out SUBRECIPIENT's
functions covered under this Agreement;
NOW THEREFORE, in consideration of the several promises to be faithfully performed
by the Parties hereto as set forth herein, the Parties do hereby agree as follows:
I. PROTECT DESCRIPTION:
The Project, which is the subject of this Agreement,consists of conducting a study to:
produce detailed project plans for specific improvements along SCDOT and local rights-of-way;
ranking projects based on cost,effort, impact,and feasibility; and identification of alternate
funding sources, if available(hereinafter"the PROJECT"). The area for the study is Georgia
Avenue through the North Augusta Downtown area from the Savannah River to Martintown
Road.
EXHIBIT A (attached hereto and specifically made a part of this agreement)represents
additional PROJECT details.
II. OBLIGATIONS OF PARTIES
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PLA 1-21
A. SCDOT WILL:
1. Provide SCDOT's maximum funding for the PROJECT as more specifically
set out below under Section III of this Agreement.
2. Identify an SCDOT employee, to serve as SCDOT's Contact for
SUBRECIPIENT.
3. Perform all services required of SCDOT in accordance with SCDOT
guidelines and policies.
4. Within the limits of the South Carolina Tort Claims Act, be responsible for
any loss resulting from bodily injuries (including death) or damages to
property, arising out of any negligent act or negligent failure to act on
SCDOT's part,or the part of any employee of SCDOT in performance of the
work undertaken under this Agreement.
B. SUBRECIPIENT WILL:
I. Provide SUBRECIPIENT's cost share for this PROJECT as more
specifically defined under Section III. FUNDING.
2. Agree that all consultants and subconsultants will comply with SCDOT's
Procurement Policy Memorandum (dated February 2, 2011) Implementing
FHWA Order 4470.1A, (dated October 27, 2010). This memorandum and
FHWA Order reference a requirement for an approved Federal Acquisition
Regulation (FAR)compliant indirect cost rate to be on file with SCDOT.
3. Incorporate into contracts all applicable Required Provisions and
Supplemental Specifications in effect at the time of execution of this
Agreement.
4. Perform all PROJECT services in accordance with all applicable laws and
regulations, both Federal and State, following the guidelines as established
by SCDOT and other State and Federal guidelines considered by SCDOT to
be appropriate, including compliance with applicable sections of the SCDOT/
Federal Highway Administration STEWARDSHIP AND OVERSIGHT
PLAN dated June 2014 and any revisions, addenda, or other modifications
thereto (included herein by reference), located at
hltps://www.fhwa.dot.eov/federalaid/stewardship/agreements/sc f.
5. Provide to SCDOT upon request copies of all basic notes, sketches, charts,
plans, correspondence, and other data prepared, furnished or obtained by or
for SUBRECIPIENT or its agent for the PROJECT.
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PLA 1-21
6. Retain all records dealing with this PROJECT for three years after
completion and acceptance of PROJECT and final audit, and such records
will be made available to SCDOT for audit and review upon request.
7. Provide to SCDOT and ARTS-SC monthly status report for the PROJECT.
8. Include as an attachment to SUBRECIPIENT's final invoice a certification
that all required services have been completed in accordance with the terms
of this Agreement.
9. Comply with the audit requirements of 2 CFR 200,Subpart F. Subrecipients
exempt from these audit requirements,but obligated by other funding source
requirements to obtain an annual financial statement audit are to submit a
copy of the audit to SCDOT's Office of Contract Assurance within the earlier
of 30 days after receipt of the auditor's report or nine(9)months after the end
of the audit period. Note that other funding source requirements include
South Carolina Code of Law, Sections 4-9-150 (counties), 5-7-240 (cities)
and 6-7-170 (special purpose districts and other political subdivisions —i.e.
COG). All audits must be performed in accordance with Generally Accepted
Government Audit Standards (GALAS). Audit documentation submitted
shall include: a copy of the audited financial statements; a copy of the
management letter issued by the Certified Public Accountant (CPA) in
conjunction with the audit report, when applicable; a copy of management's
comments on all findings, recommendations,and questioned costs contained
in the audit report and management letter,including detailed corrective action
plan(s). Submit required documents to: SCDOT, Office of Contract
Assurance — Attn. Sub-recipient Monitoring, Room 108, PO Box 191,
Columbia, SC 29201. Electronic copies may be submitted via the OCA
Document Submission Portal at
http://www.scdot.org/doing/contractor—Audit.aspx#subForm.
10. Within the limitations of the South Carolina Tort Claims Act, be responsible
for any loss resulting from bodily injuries (including death) or damages to
property, arising out of any negligent act or negligent failure to act on
SUBRECIPIENT's part, or the part of any employee or agent of
SUBRECIPIENT in performance of the work undertaken under this
Agreement.
III. FUNDING:
A. SUBRECIPIENT estimates the total cost for the PROJECT to be 50 000.00.
B. SCDOT's maximum funding for the PROJECT is $40,000.00 (hereinafter referred to as
"SCDOT's Maximum Funding")as authorized by Augusta Regional Transportation Study
(ARTS) on March 5, 2020, for use of planning funds. SCDOT will sub-award the funds
as a pass-through grant to SUB RECIPIENT for administration of the PROJECT.
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PL.A 1-21
C. SUBRECIPIENT is responsible for meeting federal matching fund requirements on
SCDOT's Maximum Funding for the PROJECT.
1. The required match on this grant is 10 000.00. Fund sources and match
responsibilities for the PROJECT are shown in the funding table below.
2. Funding Table:
_. c'garv+¢tr..a
Fill A
D. SUBRECIPIENT is responsible for 100% of the cost of the PROJECT in excess of
SCDOT's Maximum Funding for the PROJECT.
E. Based on the match requirements for the available fund sources, the SCDOT
reimbursement rate will be applied as a percentage of the total eligible project costs not to
exceed SCDOT's Maximum Funding.
F. SCDOT will make payment to SUBRECIPIENT for all eligible costs incurred by
SUBRECIPIENT, up to SCDOT's Maximum Funding for the PROJECT based on a valid
reimbursement request/invoice submitted by SUBRECIPIENT to SCDOT. A
reimbursement request or invoice is considered valid when it includes:
I. Identification of man-hours by task,classification and rate
2. A line item for overhead, where applicable
3. A listing of other direct costs
4. A listing of consultant/contractor services
5. Signature of certification in accordance with 2 CFR 200.415,
Required Certifications, by an authorized representative of
SUBRECIPIENT
6. Additional certifications relating to work performed as requested by
SCDOT's Program Manager.
G. All of SUBRECIPIENT's reimbursement requests or invoices must be supported by
suppliers' invoices and SUBRECIPIENT's financial records. SUBRECIPIENT will
submit reimbursement requests/invoices to SCDOT not more often than monthly and
SCDOT will pay all valid reimbursement requests and invoices within thirty days of receipt
by SCDOT.
H. Upon completion of the project, SUBRECIPIENT shall submit a Final Invoice for the
PROJECT. This invoice may be a $0.00 invoice if all reimbursements, not to exceed the
SCDOT Maximum Funding,have been paid to SUBRECIPIENT.
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PLA 1-21
I. SUBRECIPIENT is responsible for refunding to SCDOT any funding provided to
SUBRECIPIENT by SCDOT for work and services performed by or for SUBRECIPIENT
which are determined not to be in compliance with the terms and conditions of this
Agreement.
J. No work/services performed prior to the complete execution of this Agreement and written
notice to proceed will be eligible for funding.
IV. SCHEDULE:
A. The effective date of this Agreement is the date of execution by the Parties hereto.
SUBRECIPIENT shall begin work upon receipt of SCDOT's written notice to proceed.
B. No work/services performed prior to the complete execution of this Agreement and written
notice to proceed will be eligible for funding reimbursement.
C. SUBRECIPIENT anticipates that the PROJECT will be substantially complete within
sixteen months of SCDOT's written notice to proceed.
D. S UBRECIPIENT agrees to prosecute the PROJECT work continuously and diligently from
the date of SCDOT's written notice to proceed. Should SUBRECIPIENT be unable to
complete the PROJECT within the above period,SUBRECIPIENT shall notify SCDOT in
writing as to the reason for the delay, attach a revised PROJECT schedule, and request a
revised completion date. SCDOT may, at its sole discretion, approve or deny any request
for a time extension. Substantial failure to meet the stated schedule may result in
termination of this Agreement pursuant to Section VI. J of this Agreement.
V. PROCUREMENT REQUIREMENTS:
SUBRECIPIENT shall procure all goods and services necessary for the PROJECT in accordance
with the following requirements:
A. Contracts for goods and services (including all consultants and contractors) must be
procured in accordance with one of the following:
1. The South Carolina Consolidated Procurement Code(S.C.Code Section 11-35-10,
et seq.)and the regulations promulgated pursuant thereto;or
2. SUBRECIPIENT's own procurement procedures, provided they have been
properly adopted and are substantially in accordance with the Model Procurement
Ordinance proposed by the State Fiscal Accountability Authority pursuant to S.C.
Code Section 11-35-50 and conform to applicable federal laws and regulations
identified in 2 CFR § 200.3 1 g.
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PLA 1-21
B. All procurements that require advertising shall be advertised in South Carolina Business
Opportunities (SCBO) published by the Materials Management Office of the State Fiscal
Accountability Authority in addition to any other publication in which SUBRECIPIENT
deems it appropriate to advertise.
C. At the completion of the PROJECT, SUBRECIPIENT shall complete and submit to
SCDOT the Certification of Procurement attached hereto and made a part hereof as
EXHIBIT B,certifying that all the above PROCUREMENT REQUIREMENTS have been
met for the PROJECT and providing a list of all consultants,contractors,and vendors used
on the PROJECT, and the total dollar value paid to each.
VL GENERAL:
A. In any dispute concerning a question or fact in connection with the work of this Agreement
or compensation thereof, the decision of SCDOT's Deputy Secretary in the matter shall be
final and conclusive for both Parties, subject to non jury appeal to the South Carolina
Circuit Court in Richland County within 90 days of PROJECT completion.
B. The Parties hereto agree to conform to all applicable SCDOT,State,Federal and local laws,
rules, regulations, and ordinances governing agreements or contracts relative to the
acquisition, design, construction, maintenance, and repair of roads and bridges, and other
services covered under this Agreement.
C. Any and all reviews and approvals required of the Parties herein shall not be unreasonably
denied,delayed,or withheld.
D. SUBRECIPIENT and its agents shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this Agreement or the work provided for herein.
SUBRECIPIENT and its agents shall carry out applicable requirements of 49 CFR Part 26
in the administration of this Agreement.
E. By execution of this Agreement SUBRECIPIENT does hereby agree:
1. to certify its compliance with the requirements of Chapter 14 of Title 8 of the S.C.
Code of Laws regarding Unauthorized Aliens and Public Employment;
2. to provide SCDOT with any documents required to establish such compliance upon
request; and
3. to register and participate and require agreements from sub-contractors and sub-
consultants to register and participate in the federal work authorization program to
verify the employment authorization of all new employees, or to employ only
workers who supply the documents required pursuant to S.C. Code 8-14-20(B)(2).
F. By execution of this Agreement SUBRECIPIENT certifies that SUBRECIPIENT and all
of SUBRECIPIENT's consultants, sub-consultants, contractors, employees, and agents
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PLA 1-21
will comply with all applicable provisions of the Drug-Free Workplace Act, Title 44,
Chapter 107 of the South Carolina Code of Laws, as amended.
G. By execution of this Agreement, SUBRECIPIENT certifies that SUBRECIPIENT and all
of SUBRECIPIENT's consultants, sub-consultants, contractors, and employees will
comply with South Carolina's Ethics,Government Accountability, and Campaign Reform
Act of 1991, as amended. The following statutes require special attention: (a) Offering,
giving, soliciting, or receiving anything of value to influence action of public employee-
§8-13-705, (b) Recovery of kickbacks- §8-13-790, (c) Offering, soliciting, or receiving
money for advice or assistance of public official - §8-13-720, (d) Use or disclosure of
confidential information - §8-13-725, (e) Persons hired to assist in the preparation of
specifications or evaluation of bids- §8-13-1150, (f) Solicitation of state employees - §8-
13-755, §8-13-760 and §8-13-725.
H. By execution of this Agreement, SUBRECIPIENT certifies that SUBRECIPIENT and all
of SUBRECIPIENT's consultants, sub-consultants, contractors, sub-contractors, and
employees will comply with all applicable provisions of the Iran Divestment Act,Title 11,
Chapter 57 of the South Carolina Code of Laws, as amended.
I. SUBRECIPIENT, or its authorized agent, shall agree to hold consultations with SCDOT
as may be necessary with regard to the execution of supplements to this Agreement during
the course of this PROJECT for the purpose of resolving any items that may have been
unintentionally omitted from this Agreement. Such supplemental agreements shall be
subject to the approval and proper execution of the Parties hereto. No Amendment to this
Agreement shall be effective or binding on any Party hereto unless such Amendment has
been agreed to in writing by all Parties hereto.
J. This Agreement may be terminated by SUBRECIPIENT upon written notice provided that
SUBRECIPIENT covers all costs incurred prior to termination and as the result of
termination, including any required repayment of federal funds. If SUBRECIPIENT fails
to advance the PROJECT to completion, SCDOT may terminate the Agreement upon
written notice and SUBRECIPIENT shad] be responsible for all costs incurred prior to
termination and as the result of termination, including any required repayment of federal
funds. Upon written notification of termination, all work on the PROJECT shall cease,
unless otherwise directed.
VII. SUCCESSORS AND ASSIGNS:
SCDOT and SUBRECIPIENT each bind themselves and their respective successors and
assigns to the other Party with respect to these requirements, and also agrees that neither Party
shall assign, sublet, or transfer their respective interest in the Agreement without the written
consent of the other.
VIII. BENEFIT AND RIGHTS OF THIRD PARTIES:
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PLA 1-21
This Agreement is made and entered into for the sole protection and benefit of SCDOT,
SUBRECIPIENT,and their respective successors and assigns. No other persons,firms,entities,or
parties shall have any rights,or standing to assert any rights, under this Agreement in any manner.
IX. EXECUTION IN COUNTERPARTS.
This Agreement may be executed in counterparts, and if so executed, shall become
effective when a counterpart has been executed and delivered by both Parties hereto. All
counterparts taken together shall constitute one and the same Agreement and shall be fully
enforceable as such. Delivery of counterparts via facsimile transmission or via email with scanned
attachment shall be effective as if originals thereof were delivered.
X. ENTIRE AGREEMENT:
This Agreement with attached Exhibits and Certifications constitutes the entire Agreement
between the Parties. The Contract is to be interpreted under the laws of the State of South Carolina.
[Signature blacks on nest page]
8
PLA 1-21 SCOOT Project No. P040852
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on their
behalf
SIGNED,SEALED AND DELIVERED
IN THE PRESENCE OF
CITY OF NORTH AUGUSTA
By:
Witness (Signature)
Title:
DUNS No.:
AUGUSTA REGIONAL TRANSPORTATION STUDY
By:
Witness (Signature)
Title:
SOUTH CAROLINA DEPARTMENT OF
TRANSPORTATION
By:
Witness Deputy Secretary for Finance&Administration or
Designee
RECOMMENDED BY:
By:
De uty Secretary for Intermodal Planning or Designee
REVIEWED BY:
Title: o
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PLA 1-21
Certification for Grants. Loans. and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief,that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers(including subgrants,and contracts and subcontracts
under grants, subgrants, loans, and cooperative agreements) which exceed $100,000, and that all
such subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by Section 1352,Title 31, U.S.Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and
not more than $100,000 for each such failure.
DATE SCDOT SIGNATURE
DATE SUBRECIPIENT SIGNATURE
10
u L.
EXHIBIT A
PROJECT DETAILS
(see Attached)
PLA 1-21
EXHIBIT B
CERTIFICATION OF PROCUREMENT
1. The undersigned is the duly authorized representative of
(hereinafter referred to as "the SUBRECIPIEN'I ).
2. The Undersigned hereby certifies that the SUBRECIPIENT has complied with all
the PROCUREMENT REQUIREMENTS set forth in Section V of this Agreement identified as
PLA 1-21 and dated 20_.
3. Attached is a list of all consultants,contractors and vendors used on the PROJECT,
including name of vendors, dollar value of purchase and date of purchase.
Signature
Name
Title
Date
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