HomeMy WebLinkAboutDEPARTMENT OF TRANSPORTATION AND ARC FOR TRANSPORTATION FACILITY IMPROVEMENTS
Project# CSSTP-OOOa.OO (439) Richmond County
AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
AND
AUGUSTA - RICHMOND COUNTY
FOR
TRANSPORTATION FACILITY IMPROVEMENTS
This Framework AgreementislTlade and entered into this J/- day of
0.4~r ,20q, by and between the DEPARTMENT OF TRANSPORTATION,
an agency of the Stale of Georgia, hereinafter called the "DEPARTMENT", and
Augusta -Richmond County. acting by and through its Mayor and Board of
Commissioners, hereinafter called the "LOCAL GOVERNMENT".
WHEREAS, the LOCAL GOVERNMENT has represented to the
DEPARTMENT a desire to improve the transportation facility described ih
Attachment A, attached and incorporated herein by reference and hereinafter
referred to as the "PROJECT'; and
WHEREAS, the LOCAL GOVERNMENT has represented to the
DEPARTMENT a desire to participate in certain activities including the funding of
certain portions of the PROJECT and the DEPARTMENT has relied upon such
representations; and
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Projecl# CSSTP-0008-00 (439) Richmond County
WHEREAS, the DEPARTMENT has expressed a willingness to participate in
certain activities of the PROJECT as set forth in this Agreement; and
WHEREAS, the Constitution authorizes intergovernmental agreements
whereby state and local entities may contract with one another "for joint services, for
the provision of services, or for the joint or separate use of facilities or equipment;
but such contracts must deal with activities, services or facilities which the parties
are authorized by law to undertake or provide." Ga. Constitution Article IX, gill, ~I(a).
NOW THEREFORE, in consideration of the mutual promises made and of the
benefits to flow from one to the other, the DEPARTMENT and the LOCAL
GOVERNMENT hereby agree each with the other as follows:
1. The LOCAL GOVERNMENT shall contribute to the PROJECT by funding all
or certain portions of the PROJECT costs for the preconstruction engineering
(design), hereinafter referred to as "PE", all reimburseabl.e utility/railroad relocations,
all non-reimburseable utilities owned by the LOCAL GOVERNMENT, railroad costs,
right of way acquisitions and construction, as specified in AttachlTlent A, attached
hereto and incorporated herein by reference. Expenditures incurred by the LOCAL
GOVERNMENT prior to the execution of this AGREEMENT or subsequent funding
agreements shall not be considered for reimbursement by the DEPARTMENT.
Upon execution of this Agreement, the LOCAL GOVERNMENT hereby agrees and
shall transfer to the DEPARTMENT the sum of Zero and No/100 Dollars ($0.00) for
the purpose of providing the DEPARTMENT with the local match for the costs of the
PE activities.
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Projecl# CSSTP-OOOS-OO (439) Richmond County
2. The DEPARTMENT shall contribute to the PROJECT by funding all or
certain portions of the PROJECT costs for the PE activities, right of way acquisitions
or construction as specified in Attachment A.
3. It is understoOd and agreed by the DEPARTMENT and the LOCAL
GOVERNMENT that the funding portion as identified in Attachment {lA" of this
Agreement only applies t.o the PE. The Right .of Way and Construction funding
estimate levels as specified in Attachment "An are provided herein for planning
purp.oses and do not constitute .a funding> commitment for right of way and
construction. The DEPARTMENT will prepare LOCAL GOVERNMENT Specific
Activity Agreements for funding applica.ble to Right ofWa.y or Construction when
appropriate.
Further, the LOCAL GOVERNMENT shall be responsible for repayment of
any expended federal funds if the PROJECT does not proceed forward to
completion due to a lack.of available funding in future PROJECT phases, changes in
local priorities or cancelation of the PROJECT by the LOCAL GOVERNMENT
with.out concurrence by the DEPARTMENT.
4. The LOCAL GOVERNMENT shall be responsible for all costs for the
continual maintenance and operations of any and all sidewalks and the grass strip
between the curb and the sidewalk within the PROJECT limits.
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Project# CSSTP-0008-00 (439) Richmond County
5. Both the LOCAL GOVERNMENT and the DEPARTMENT hereby
acknowledge that Time is of the Essence. It is agreed that both parties shall adhere
to the schedule of activities currently established in the approved Transportation
Improvement Program/State Transportation Improvement Program, hereinafter
referred to as 'TIP/STIP". Furthermore, all parties shall adhere to the detailed
project schedule as approved by the DEPARTMENT, attached as Attachment Band
incorporated herein by reference. In the completion of respective commitments
contained herein, if a change in the schedule is needed, the LOCAL GOVERNMENT
shall notify the DEPARTMENT in writing of the proposed schedule change and the
DEPARTMENT shall acknowledge the change through written response letter;
provided that the DEPARTMENT shall have final authority for approving any change.
If, for any reason, the LOCAL GOVERNMENT does not produce acceptable
deliverables in accordance with the approved schedule, the DEPARTMENT
reserves the right to delay the PROJECT's implementation until funds can be re-
identified for construction or right of way, as applicable.
6. The LOCAL GOVERNMENT shall certify that the regulations for
"CERTIFICATION OF COMPLIANCES WITH FEDERAL PROCUREMENT
REQUIREMENTS, STATE AUDIT REQUIREMENTS, AND FEDERAL AUDIT
REQUIREMENTS" are understood and will comply in full with said provisions.
7. The DEPARTMENT shaH accomplish all of the PE activities for the
PROJECT.
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Project# CSSTP-OOOB-OO (439) Richmond County
8. The LOCAL GOVERNMENT, unless shown otherwise on Attachment A,
shall acquire the Right of way in accordance with the law and the rules and
regulations of the FHWAjhcluding, but not limited to, Title 23, United States Code;
23 CFR 710, et. Seq., and 49 CFR Part 24 and the rules and regulations of the
DEPARTMENT. Upon the DEPARTMENT's approval of the PROJECT right of way
plans, verification that the approved environmental document. is valid and current,a
written notice to proceed wilt be provided by the DEPARTMENT for the LOCAL
GOVERNMENT to stake the right of way and proceed With all pre..acquisition right of
way activities. The LOCAL GOVERNEMENT shan not proceed to property
negotiation and acquisition whether or not the fight of way funding is Federal, State
or Local, until the right of way agreement named "Contract for the Acquisition of
Right of Way" prepared by the DEPARTMENT's Office of Right of Way is executed
between the LOCAL GOVERNMENT and the DEPARTMENT. Failure of the LOCAL
GOVERNMENT to adhere to the provisions and requirements specified in the
acquisition contract may result in the loss of Federal funding for the PROJECT and it
will be the responsibility of the LOCAL GOVERNMENT to rnakeup the loss of that
funding. Right of way costs eligible for reimbursement include land and improvement
costs, property damage values, relocation assistance expenses and contracted
property management costs. Non reimbursable right of way costs include
administrative expenses such as appraisal, consultant, attorney fees and any in-
house property management or staff expenses. The LOCAL GOVERNMENT shall
certify that all required right of way is obtained and cleared of obstructions, including
underground storage tanks, 3 months prior to advertising the PROJECT for bids.
5
Project# CSSTP-0008-00 (439) Richmond County
9. The LOCAL GOVERNMENT unless otherwise noted in attachment "AU
shall be responsible for funding all LOCAL GOVERNMENT owned utility relocations
and all other reimbursable utility/railroad costs. The costs include but are not limited
to PE, easement acquisition, and construction activities necessary for the
utility/railroad to accommodate the PROJECT. The. terms for any such .reimbursable
relocations shaH be laid out in an agreement that is supported by plans,
specifications, and itemized costs Of the wOrk agreed upon and shall be executed
prior to certification by lhe DEPARTMENT. The LOCAL GOVERNMENT shall certify
via written letter to the DEPARTMENTs Project Manager .andDistrict Utilities
Engineer that all Utility owners' exsiting and proposed faci.liti.esareshown on the
plans with no conflicts 3 months prior to advertising the PROJECT forbids and that
any required agreements for reimbursable utility/railroad costs have been fully
executed. Further, this certification letter shall state that the LOCAL GOVERNMENT
understands that it is responsible for the costs of any additional reilTlburSable
utility/railroad confilcts that arise on construction.
10. The DEPARTMENT wiHbe responsible for all railroad coordination on
DEPARTMENT Let and/or State Route (On-System) projects; the LOCAL
GOVERNMENT shall address concerns, comments, and requirements to the
satisfaction of the Railroad and the DEPARTMENT. If the LOCAL GOVERNMENT
is shown to LET the construction in Attachment "A" on off-system routes, the LOCAL
GOVERNMENT shall be responSible for all railroad coordination and addressing
concerns, comments, and requirements to the satisfaction of the Railroad and the
DEPARTMENT for PROJECT.
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Project# CSSTP-OOOS-OO (439) Richmond County
11. The DEPARTMENT, unless otherwise shown in Attachment shall be
responsible for Letting the PROJECT to construction, solely responsible for
executing any agreements with all applicable utility/railroad companies, and securing
and awarding the construction contract for the PROJECT when the certification (that
all needed rights of way have been obtained and cleared of obstructions) has been
submitted by the LOCAL GOVERNMENT. If the LOCAL GOVERNMENT is shown
to LET the construction in Attachment "A", the LOCAL GOVERNMENT shall follow
the requirements stated in Chapter 10 of the DEPARTMENT"s Local Administered
Project Manual.
12. The LOCAL GOVERNMENT agrees that all reports, studies, estimates,
maps, computations, computer files and printouts, and any other data prepared
under the terms of this Agreement shall become the property of the DEPARTMENT
if required. This data shall be organized, indexed, bound, and delivered to the
DEPARTMENT no later than the advertisement of the PROJECT for letting. The
DEPARTMENT shall have the right to use this material without restriction or
limitation and without compensation to the LOCAL GOVERNMENT.
This Agreement is made and entered into in FULTON COUNTY, GEORGIA,
and shall be governed and construed under the laws of the State of Georgia..
The covenants herein contained shall, except as otherwise provided, accrue
to the benefit of and be binding upon the successors and assigns of the parties
hereto.
Project# CSSTP-OOOS-OO (439) Richmond County
IN WITNESS WHEREOF, the DEPARTMENT and the LOCAL
GOVERNMENT have caused these presents to be executed under seal by their duly
authorized representatives.
DEPARTMENT OF
TRANSPORTATION
AUGUSTA - RICHMOND COUNTY
BY:
Mayor
Signed. sealed and delivered this
day of
20_, in the presence of:
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