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
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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
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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
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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
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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.
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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.
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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
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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.
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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
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REVIEWED AS TO LEGAL FORM:
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,..l:l cd U
E-<,..l:l~
LO
......
QJ
~
==
Q
...
......
C'4
~
=
...
......
:.
QJ
U
==
...
==
...
C'4
:.
~