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HomeMy WebLinkAboutEMERGENCY EVACUATION COLUMBIA NITROGEN INDUSTRIAL DISTRICT THE AGREEMENT FOR EMERGENCY EVACUATION OF THE COLUMBIA NITROGEN INDUSTRIAL DISTRICT AT STATE ROUTE 415 (1-520/ BOBBY JONES EXPRESSWAY) By and Between GEORGIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF AUGUSTA, GEORGIA THIS AGREEMENT made and entered into this I ~ ~ay of ,~ .-(2006 t/ by and between the DEPARTMENT of Transportation, an agency of the State of Georgia, hereinafter alternately referred to as "DEPARTMENT", and the City of Augusta, Georgia hereinafter referred to as the "CITY", hereinafter sometimes collectively referred to as the parties. WHEREAS, the DEPARTMENT desires to enter into an intergovernmental agreement with the CITY to allow the CITY to perform certain services relating to the management of the Emergency Evacuation of the Columbia Nitrogen Industrial District entering State Route 415 (1- 520/Bobby Jones Expressway) , which is located within DEPARTMENT'S right of way, hereinafter called the "PROJECT", and WHEREAS, the CITY has represented to the DEPARTMENT that, if such permission IS granted to the CITY, the CITY shall bear all costs and liability associated with the PROJECT; and ARTICLE I SCOPE OF PROJECT WHEREAS, the CITY has represented to the DEPARTMENT that they are qualified and experienced to provide such services and the DEPARTMENT has relied upon such representations; and WHEREAS, the Constitution authorizes intergovernmental agreements whereby state departments may contract with county and municipal governments "for joint services, for the provision of services, or for the joint and 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." NOW, THEREFORE, for and in consideration of the mutual promises, the public purposes, and the acknowledgement and agreements contained herein, together with other good and valuable consideration, it is agreed by and between the parties hereto that: The DEPARTMENT shall permit the CITY to perform or cause to be performed, the PROJECT which shall consist of certain services related to traffic control and management of traffic access points as required for Emergency Evacuation of the Columbia Nitrogen Industrial District on State Route 415 ( I-520/Bobby Jones Expressway, City of Augusta ), hereinafter sometimes referred to as State Route 415, which is located on a section of the DEPARTMENT's rights of way. The CITY shall provide these services in accordance with the updated Columbia Nitrogen Industrial District Emergency Evacuation Plan. The PROJECT location and concept as well as any other further duties and responsibilities of the CITY are defined and set forth in ARTICLE XI - WORK PLAN of this Agreement. ARTICLE II EXECUTION OF CONTRACT AND AUTHORIZATION TIME OF PERFORMANCE Should the CITY determine that any emergency services are required to be performed by a third party to carry out this PROJECT, the CITY and the third party shall enter into subsequent agreement, whereby the CITY shall assume all responsibility for the third party services to be rendered, at no cost to the DEPARTMENT, as set forth in Article XI - WORK PLAN. Any subsequent agreement between the CITY and any third parties to this Agreement, shall meet all operational and administrative requirements, including the provisions of liability insurance, set forth by the DEPARTMENT, and all liability associated with the PROJECT shall be borne by the CITY and any third parties, as set forth in Article VII, herein. Time is of the essence in this agreement. The CITY shall execute this Agreement and return it to the DEPARTMENT within ten (10 days) after receipt of contract forms from the DEPARTMENT. The CITY shall begin work on the PROJECT under this Agreement within thirty days after receiving a signed and executed copy of the Agreement. Subject to the terms and conditions set forth in this Agreement, and upon execution of this Agreement, the DEPARTMENT grants the right to the CITY to control traffic and implement an emergency evacuation plan on that specific section of right-of-way identified in this Agreement, and herein defined as the PROJECT. ARTICLE IV ASSIGNMENT The duration of this Agreement shall be for a term of Fifty ( 50 ) years from the date of execution of this Agreement and shall continue, unless terminated sooner by the DEPARTMENT or the CITY. ARTICLE III SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the services under this Agreement, any party materially alters the scope, character or complexity of the services from those required under the Agreement, a Supplemental Agreement shall be executed between the parties. It is understood, however, that CITY shall not engage in any activities or conduct any work which would be considered to be outside the scope of the permission granted to the CITY by the DEPARTMENT. Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the work may be made by written notification of such change by any party with written approval by the other parties. It is understood by the CITY that the work is considered personal and, except as provided for in Article I, the CITY agrees not to assign, sublet or transfer any or all of their interest in this Agreement without prior written approval of the DEPARTMENT. ARTICLE V INSURANCE Prior to beginning work, the CITY shall obtain and certify to the DEPARTMENT that it has the following minimum amounts of insurance coverage: (a) Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. (b) Public Liability Insurance in an amount of not less than one million dollars ($1,000,000) for injuries, including those resulting in death to anyone person, and in an amount of not less than three million dollars ($3,000,000) on an account of anyone occurrence, or proof of self Insurance. ( c) Property Damage Insurance in an amount of not less than one million dollars ($1,000,000) from damages on account of any occurrence, with an aggregate limit of three million dollars ($3,000,000), or proof of self insurance. (d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. Insurance shall be maintained in full force and effect during the life of the PROJECT. The CITY shall furnish annually to the DEPARTMENT, certificates of insurance evidencing such coverage. These certificates shall also provide that the insurance will not be modified or canceled without a 30 day prior written notice to the DEPARTMENT. Failure by the CITY to procure and maintain the insurance as set forth above shall be considered a default and cause for termination of this Agreement. The CITY shall, at least fifteen (15) days prior to the expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies, or other acceptable evidence of insurance with the DEPARTMENT. ARTICLE VI COMPENSATION It is agreed that the CITY shall conduct all work at no cost to the DEPARTMENT, and without compensation from the DEPARTMENT. It is further agreed that any and all issues relating to compensation and payment shall be resolved by and between the CITY and any successors, subcontractors, or assigns thereto. The DEPARTMENT and the CITY further agree that, should the DEPARTMENT be required to conduct any inspections and/or supervision of the PROJECT beyond that which would normally occur in the ordinary course of the DEPARTMENT's maintenance activities, the CITY shall reimburse the DEPARTMENT for such inspection and supervision. The rate of reimbursement for the DEPARTMENT'S inspection and supervision shall in no case exceed the actual cost of materials, labor, and equipment, or a rate determined to be reasonable by the parties. Should the CITY and the DEPARTMENT desire to change this Agreement at a later date to provide for compensation to the CITY, or any successors or assigns thereto, such change shall only be permitted by a supplemental agreement as set forth in Article III herein. ARTICLE VII RESPONSIBILITY FOR CLAIMS AND LIABILITY CITY NOT AGENT OF DEPARTMENT The CITY, and all successors and aSSIgns thereto, shall save harmless the DEPARTMENT, its officers, agents, and employees from all suits, claims, actions or damages ARTICLE VIII TERMINATION OF CONTRACT of any nature whatsoever resulting from the performance of work assigned to the CITY under this Agreement. The CITY further agrees that they shall be fully responsible for injury or damage occurring within the right of way, and for any damage to the DEPARTMENT'S signs, structures, or other roadway fixtures, if the CITY causes the damage. These indemnities shall not be limited by reason of the listing of any insurance coverage. It is further understood and agreed that the CITY, or any successor or assigns thereto, in the conduct of any work involved in the PROJECT, shall not be considered the agent of the DEPARTMENT or of the State of Georgia. The DEPARTMENT may terminate this contract at any time by giving of thirty (30) days written notice of such termination. Upon receipt of such notice of termination, the CITY shall discontinue and cause all work under this contract to terminate upon the date specified in the said notice. In the event of such termination, the DEPARTMENT shall be paid for any amounts as may be due it as specified in Article VI up to and including the specified date of termination. The CITY shall have the right to terminate this contract at any time by giving thirty (30) days written notice of such termination, provided that such termination is first approved by the DEPARTMENT, and that the DEPARTMENT is reimbursed in full for all services rendered pursuant to Article VI. ARTICLE XI WORK PLAN ARTICLE IX CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia and all questions if interpretation and construction shall be governed by the laws of the State of Georgia. ARTICLE X COMPLIANCE WITH APPLICABLE LAW The undersigned certify that: A. This Agreement is subject to applicable state and federal laws, standards, and rules and regulations. B. The provisions of Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest and State Employees and Officials Trading with the State have been complied with in full. C. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Workplace Act" have been complied with in full. The PROJECT shall consist of EMERGENCY EVACUATION of the Columbia Nitrogen Industrial District and surrounding areas in The City of Augusta, Georgia within the right of way of State Route 415. Should an incident occur, the CITY through the Augusta Emergency Management Director, shall contact the DEPARTMENT's Area Engineer and advise of the event requiring evacuation and shall immediately dispatch law enforcement and emergency services personnel qualified to implement an Interstate Detour Plan for State Route 415 as approved by the DEPARTMENT for detouring traffic onto the surface street system. Prior to any other evacuation activity, the CITY shall install traffic controls meeting criteria and provisions found in the DEPARTMENT's Interstate Detour Plan and the Manual on Uniform Traffic Control Devices ( MUTCD ) The Area Engineer shall confirm when the DEPARTMENT's Interstate Detour Plan for State Route 415 has been implemented as approved and shall jointly determine with the Emergency Management Director that the Lovers Lane emergency access gate to State Route 415 at Lovers Lane may be opened and the evacuation of the Columbia Nitrogen Industrial District may proceed on State Route 415. The emergency access gate shall remain opened as required for evacuation and for emergency services to access the Columbia Nitrogen Industrial District. The Emergency Management Director shall notify the Area Engineer when the emergency access to State Route 415 is no longer required at the Lovers Lane emergency access gate. The Area Engineer shall secure the emergency access gate. The Emergency Management Director shall notify the Area Engineer when all emergency services personnel, vehicles, and equipment have cleared the segment of State Route 415 covered under the Interstate Detour Plan and when ambient conditions allows normal traffic operations to resume on State Route 415. The emergency access gate on State Route 415 at Lovers Lane shall remain closed and secured at all times except as provided for in the Work Plan. Key holders for the emergency access gate shall be limited to the Area Engineer and the District Maintenance Engineer for the Department and to the Emergency Management Director and the Battalion Chief for the First District Fire Battalion for the City. Periodic practice evacuation drills for the PROJECT may be requested by the City and approved by the Department. A minimum of 30 days of advanced notice shall be required for approval of a practice evacuation drill event. The emergency access gate shall not be utilized for entry into the Columbia Nitrogen Industrial District, except for the Emergency Management Director and personnel under his direction acting under authority of this agreement. The City shall consider any unauthorized use of the emergency access gate as trespassing upon the right of way of State Route 415. Minor revisions to the WORK PLAN may be accomplished as stated in ARTICLE 111- SUBSTANTIAL CHANGES of the Agreement. The District Engineer for the Department and the Director of the Emergency Management Agency for the City shall jointly approve a revised WORK PLAN. Written notification of approval ofa revised WORK PLAN shall be provided to all parties as stated in ARTICLE III. Copies of the DEPARTMENT's Interstate Detour Plan for State Route 415 are attached and made part of the WORK PLAN. . ' The covenants herein contained shall, except as other wise provided, accrue to the benefit of and be binding upon the successors and assigns to the parties hereto. IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF TRANSPORTATION 'L ~~~- o ' Co . lOner ATTEST: Earl Mahfuz Treasurer \;~ '@ AUGUST A, GEORGIA Cl~:lg~.~ fJ (fO - - David S. Copenh er Mayor Augusta-Richmond County, GA. ATTEST: Sworn to before me this ,Q-9..<cUdayof (kqttAiJ ,20 OG, NOTARY.P1!BLIC~Y)C0o/ t.). YY)6)IlC&~ My commISSIOn eXplfe~gbry PubFc, C9It.'7'~)i:.I County, Georgia My Commission Expires July 27, 2010