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HomeMy WebLinkAboutWINDSOR SPRING ROAD PHASE IV PROJECT DEPARTMENT OF TRANSPORTATION I' Project# STP-7007 (6) & STP-7007 (7) Richmond County AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA AND AUGUSTA-RICHMOND COUNTY FOR TRANSPORTATION FACILITY IMPROVEMENTS This Framework Agreement is made and entered into this ?t ~ay of 1!2- hrl'-0, , 2002 by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT", and the AUQusta-Richmond County , acting by and through its Mayor and City Council or 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 in 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 1 Project# STP-7007 (6) & STP-7007 (7) Richmond County certain poritions of the PROJECT and the DEPARTMENT has relied upon such representations; and 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, Sill, ,-[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), all reimburseable utility relocation costs, right of way acquisitions and construction, as specified in Attachment A, attached hereto and incorporated herein by reference. Expenditures incurred by the LOCAL GOVERNMENT and eligible for reimbursment by the DEPARTMENT shall not be considered reimbursible to the 2 Project# STP-7007 (6) & STP-7007 (7) Richmond County LOCAL GOVERNMENT until the LOCAL GOVERNMENT receives a written notice to proceed for each phase of the PROJE'CT. 2. The DEPARTMENT shall contribute to the PROJECT by funding all or certain portions of the PROJECT costs for the preconstruction engineering (design) 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 "A" of this Agreement only applies to the Preconstruction Engineering Activities. Right of Way and Construction funding estimate levels are provided herein for planning purposes. The DEPARTMENT will prepare LOCAL GOVERNMENT Specific Activity Agreements for applicable Right of Way and Construction. 4. The LOCAL GOVERNMENT shall be responsible for all costs for the continual maintenance and the continual operations of any and all sidewalks and the grass strip between the curb and gutter and the sidewalk within the PROJECT limits. 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 (TIP/STIP). Furthermore, all parties shall adhere to the detailed project schedule as approved by 3 Project# STP-7007 (6) & STP-7007 (7) Richmond County the DEPARTMENT, attached as Attachment B and 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 they have read and understands the regulations for "CERTIFICATION OF COMPLIANCES WITH FEDERAL PROCUREMENT REQUIREMENTS, STATE AUDIT REQUIREMENTS, AND FEDERAL AUDIT REQUIREMENTS" and will comply in full with said provisions. 7. The LOCAL GOVERNMENT shall accomplish all of the design activities for the PROJECT. The design activities shall be accomplished in accordance with the DEPARTMENT's Plan Development Process, the applicable guidelines of the American Association of State Highway and Transportation Officials, hereinafter referred to as "AASHTO", the DEPARTMENT's Standard Specifications Construction of Transportation Systems, the DEPARTMENT's Plan Presentation Guide, PROJECT schedules, and applicable guidelines of the DEPARTMENT. The 4 -. Project# STP-7007 (6) & STP-7007 (7) Richmond County the National Environmental Protection Act and Georgia Environmental Protection Act, as appropriate to the PROJECT funding. This shall include any and all archaeological, historical, ecological, air, noise, underground storage tanks (UST), and hazardous waste site studies required as well as any environmental reevaluations required. The LOCAL GOVERNMENT shall submit to the DEPARTMENT all environmental documents and reports for review and approval by the DEPARTMENT and the FHWA. e. Prepare all public hearing and public information displays and conduct all required public hearings and public information meetings in accordance with DEPARTMENT practice. f. Perform all surveys, mapping, soil investigation studies and pavement evaluations needed for design of the PROJECT. g. Perform all work required to obtain project permits, including, but not limited to, US Army Corps of Engineers 404 and Federal Emergency Management Agency (FEMA) approvals. These efforts shall be coordinated with the DEPARTMENT. h. Prepare the PROJECT drainage design including erosion control plans and the development of the hydraulic studies for the Federal Emergency Management Agency Floodways and acquisition of all necessary permits associated with the drainage design. i. Prepare traffic studies, preliminary construction plans including a cost estimate for the Preliminary Field Plan Review, preliminary and final utility plans, preliminary and final right of way plans, staking of the required right of way, and final construction plans including a cost estimate for the 6 Project# STP-7007 (6) & STP-7007 (7) Richmond County Final Field Plan Review, erosion control plans, lighting plans, traffic handling plans, and construction sequence plans and specifications including special provisions for the PROJECT. j. Provide certification, by a Georgia Registered Professional Engineer, that the construction plans have been prepared under the guidance of the professional engineer and are in accordance with AASHTO and DEPARTMENT guidelines. k. Failure of the LOCAL GOVERNMENT to follow the DEPARTMENT's Plan Development Process will jeopardize the use of Federal funds in some or all of the categories outlined in this Agreement, and it shall be the responsibility of the LOCAL GOVERNMENT to make up the loss of that funding. 8. All Primary Consultant firms hired by the LOCAL GOVERNMENT to provide services on the PROJECT shall be prequalified with the DEPARTMENT in the appropriate area-classes. The DEPARTMENT shall, on request, furnish the LOCAL GOVERNMENT with a list of prequalified consultant firms in the appropriate area-classes. 9. The PROJECT construction and right of way plans shall be prepared in English units. 7 Project# STP-7007 (6) & STP-7007 (7) Richmond County 10. All drafting and design work performed on the project shall be done utilizing Microstation and CAiCE software respectively, and shall be organized as per the Department's guidelines on electronic file management. 11. The DEPARTMENT shall review and has approval authority for all aspects of the PROJECT provided however this review and approval does not relieve the LOCAL GOVERNMENT of its responsibilities under the terms of this agreement. The DEPARTMENT will work with the FHWA to obtain all needed approvals as deemed necessary with information furnished by the LOCAL GOVERNMENT. 12. The LOCAL GOVERNMENT shall be responsible for the design of all bridge(s) and preparation of any required hydraulic and hydrological studies within the limits of this PROJECT in accordance with the DEPARTMENT's policies and guidelines. The LOCAL GOVERNMENT shall perform all necessary survey efforts in order to complete the design of the bridge(s) and prepare any required hydraulic and hydrological studies. .The final bridge plans shall be incorporated into this PROJECT as a part of this Agreement. 13. The LOCAL GOVERNMENT shall follow the DEPARTMENT's procedures for identification of existing and proposed utility facilities on the PROJECT. These procedures, in part, require all requests for existing, proposed, or relocated facilities to flow through the DEPARTMENT's Project Liaison and the District Utilities Engineer. 8 Project# STP-7007 (6) & STP-7007 (7) Richmond County 14. The LOCAL GOVERNMENT shall address all railroad concerns, comments, and requirements to the satisfaction of the DEPARTMENT. 15. If the right of way phase is 100% local funding with no Federal or State reimbursement, upon the DEPARTMENT's approval of the project right of way plans, verification that the approved environmental document is current, which shall mean that the approval of the environmental document occurred within six (6) months of the approval notice by the DEPARTMENT's for project right of way plans, and delivery of a written notice to proceed, the LOCAL GOVERNMENT may proceed with the acquisition of the necessary right of way for the PROJECT. If the right of way phase involves federal and/or state funding reimbursement, upon the Department's approval of the project right of way plans, the Local Government may proceed with all pre-acquisition right of way activities, however, property negotiation and acquisition cannot commence until right of way funding authorization is approved. Right of way acquisition shall be in accordance with the law and the rules and regulations of the FHWA including, 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 and in accordance with the "Contract for the Acquisition of Right of Way" to be prepared by the Office of Right of Way and executed between the LOCAL GOVERNMENT and the DEPARTMENT prior to the commencement of any right of way activities. 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 9 Project# STP-7007 (6) & STP-7007 (7) Richmond County LOCAL GOVERNMENT to make up the loss of that funding. In the event the LOCAL GOVERNMENT is to receive reimbursement of all or part of the acquisition funding, reimbursable right of way costs are to include land and improvement costs, property damage values, relocation assistance expenses and contracted property management costs. Non reimbursable costs include administrative expenses such as appraisal, consultant, attorney fees and any in-house property management or staff expenses. All required right of way shall be obtained and cleared of obstructions, including underground storage tanks, prior to advertising the PROJECT for bids. The LOCAL GOVERNMENT shall further be responsible for making all revisions to the approved right of way plans, as deemed necessary by the DEPARTMENT, for whatever reason, as needed to purchase the required right of way. 16. Upon completion and approval of the PROJECT plans, certification that all needed rights of way have been obtained and cleared of obstructions, and certification that all needed permits for the PROJECT have been obtained by the LOCAL GOVERNMENT the PROJECT shall be let for construction. The DEPARTMENT, unless shown otherwise on Attachment A, shall be solely responsible for securing and awarding the construction contract for the PROJECT. 17. The LOCAL GOVERNMENT shall review and make recommendations concerning all shop drawings prior to submission to the DEPARTMENT. The DEPARTMENT shall have final authority concerning all shop drawings. 10 Project# STP-7007 (6) & STP-7007 (7) Richmond County 18. The LOCAL GOVERNMENT agrees that all reports, plans, drawings, studies, specifications, estimates, maps, computations, computer diskettes 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. 19. The LOCAL GOVERNMENT shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by or on behalf of the LOCAL GOVERNMENT pursuant to this Agreement. The LOCAL GOVERNMENT shall correct or revise, or cause to be corrected or revised, any errors or deficiencies in the designs, drawings, specifications, and other services furnished for this PROJECT. Failure by the LOCAL GOVERNMENT to address the errors or deficiencies within 30 days shall cause the LOCAL GOVERNMENT to assume all responsibility for construction delays caused by the errors and deficiencies. All revisions shall be coordinated with the DEPARTMENT prior to issuance. The LOCAL GOVERNMENT shall also be responsible for any claim, damage, loss or expense, to the extent allowed by law that is attributable to errors, omissions, or negligent acts related to the designs, drawings, specifications, and other services furnished by or on behalf of the LOCAL GOVERNMENT pursuant to this Agreement. 11 Project# STP-7007 (6) & STP-7007 (7) Richmond County 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. 12 By:~/A o u. _A." CO issioner D~vl Project# STP-7007 (6) & STP-7007 (7) 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. RECOMMENDED: LOCAL GOVERNMENT NAME d' P.-L ~ r~ District Engineer BY:~ Deke Copen er Mayor --' SignE~~j, sealed and delivered this IT' day of 5Q"l~:a- 2001, in the presence of: ~ t11~ Chie Engineer ~1tL, DEPARTMENT OF TRANSPORTATION /RJ.d:t~ IV !if~ Witness . U\ rC~hC,{) . '7nt3?~ . Notary Public, ColumbIa County, Georgia My Commission Expires July 27, 2010 ...;:;,;':~'\".:'~~.~~. This Agreement approved on the 4:"-:d~y~gt:,~'~~-';:l'00 1. L:+.. .! ,.~:.~~~t~71~~.7.~.:r'~ '~,~'()..\:~..:e:i~. -~ ,.- _ ~ ,~ ,~.> ". ..'__'~""':l,"~ <'i'r"\ C;-J {" y .,~.......-...') ~,,;~: - "_.14",.. '~\.-o :'t} p.' . ~ (;)....\ "-l~~"~ - U.,~'; .r..."':. ,-.~.t. t< - ... <:'Iv, '~6 ~-. .: REVIEWED AS TO LEGAL FORM: 13 r >. 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