HomeMy WebLinkAboutEISENHOWER DRIVE EVACUATION ROUTE BEGINNING AT RIVERWATCH PARKWAY AND ENDING AT M.L. 0..03
THIS AGREEMENT made and entered into this --l.2:- day of ~~ ' 20012.. by and
between the Department of Transportation, an agency of the State of Georgi ("Department") and the
City of Augusta, Georgia who have been duly authorized to execute this Agreement:
WIT N E SSE T H:
WHEREAS, the Department and City/County desire the improvements and construction of a certain
facility and the City/County desires and agrees to furnish and deliver all the material and to do and
perform all the work and labor for said purpose.
NOW THEREFORE, for and in consideration of the premises, the mutual covenants herein contained it is
agreed by and between the Department and the City/County that:
A. BASIC AGREEMENT:
1. The City/County shall contract for 0.030 mile of aggregate surface course and drainage on
Eisenhower Drive Evacuation Route beginning at Riverwatch Parkway and ending at M.L. 0.03,
Contract ID No. C38070-07-000-0, hereinafter referred to as the "Project". It is understood that
the quantities shown are approximates only and subject either to increase or decrease and any
increases or decreases are to be paid for at the contract unit price given, labeled Exhibit A,
attached hereto and incorporated herein by reference. The maximum allowable costs for the
Project shall be $9,055.20.
2. The work and materials shall be in strict and entire conformity with the provisions of this
Agreement and the plans prepared by the City/County and approved by the Chief Engineer or his
authorized representative the originals of which are on file. at the Department and which said
plans are hereby made a part of this Agreement as if fully set forth herein. The Project will be
constructed in accordance with the standard specifications, 2001 edition, as further amended,
and the Supplemental Specifications and Special Provisions, attached hereto as Exhibit Band
incorporated herein by reference.
3. It is understood that the material pits are to be furnished by the City/County at no cost to the
Department.
4. It is understood that the Department will not participate in the cost of any utility facility removal
and relocations necessary in connection with the construction of this Project, unless otherwise
specified in the Agreement. The City/County shall be responsible for handling the arrangements
with the utility owners for any removal and relocation necessary. The City/County shall give the
utility owners ample notice, of the impending construction to allow time for engineering and
material orders required for any removal and relocations as may be necessary. Also, the
City/County agrees to clear right-of-way obstructions without expense to the Department. For
purposes of applying provisions of this paragraph, railroads are considered utilities. In addition
to the foregoing, the City/County shall obtain approval of plans and acquire easements or other
property rights from the railroad for construction within railroad property/right-of-way and shall
provide for the protection of railroad interests, including flagging and inspection, as may be
required by the railroad.
5. The work shall begin after the issuance of a notification to proceed by the Department to the
City/County and shall be carried through to completion without unreasonable delay and without
suspension of work unless authorized in writing by the Department. The City/County shall
perform its responsibilities for the Project until the maximum allowable cost to the Department
has been reached or until March 31, 2010, whichever comes first.
6. The work shall be done in accordance with the laws of the State of Georgia under the direct
supervision and to the entire satisfaction of the Department. The decision of the Chief Engineer
upon any question connected with the execution or fulfillment of this Agreement and
interpretation of the specifications or upon any failure or delay in the prosecution of the work by
the City/County shall be final and conclusive.
7. The City/County agrees to perform all extra work that may be required of them on the basis of
actual cost.
8. The financing of this Project shall be as follows:
Payments will be made on monthly statements as the work progresses.
B. GENERAL PROVISIONS:
1. Covenants Against Contingent Fees. The City/County shall comply with the relevant
requirements of all federal, state and local laws in effect as of the date hereof. The City/County
warrants that it has not employed or retained any company or person, other than a bona fide
employee working solely for the City/County, to solicit or secure this Agreement, and that it has
not paid or agreed to pay any company or person, other than a bona fide employee working
solely for the City/County, any fee, commission, percentage, brokerage fee, gifts, or any
consideration, contingent upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, the DEPARTMENT shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift or contingent fee.
2. No Third Party Beneficiaries. Nothing herein shall be construed as conferring upon or giving to
any person, other than the parties hereto, any rights or benefit under or by reason of this
Agreement.
3. Entire Agreement. This Contract instrument, including all incorporated documents, contains the
entire Contract between the parties with regard to the subject matter hereof, and supersedes
any and all other prior and contemporaneous agreements and understandings between the
parties, whether oral or written.
4. Severabilitv. If any provision of this Agreement is determined to be invalid or unenforceable, the
remaining provisions shall remain in force and unaffected to the fullest extent permitted by law
and regulation.
5. Compliance with Applicable Laws.
A. The undersigned certify that the provisions of Section 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.
B. IT IS FURTHER AGREED that the City/County shall comply and shall require its subcontractors
to comply with the regulations for COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF
1964, as amended, and 23 CFR 200.
C. IT IS FURTHER CERTIFIED that the provisions of Sections 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. Including compliance by prime contractors and sub-contractors
performing work under this Agreement.
D. By execution of this contract, I certify under penalty of law that the City/County is in
compliance with the service delivery strategy law (House Bill 489) and is not debarred from
receiving financial assistance from the State of Georgia.
E. By' execution of this contract, I certify under penalty of law that the City/County is in
compliance State Audit Requirements as provided under Exhibit C attached hereto and
incorporated herein by reference.
F. IT IS FURTHER CERTIFIED that pursuant to O.C.G.A. 9 13-10-911 and all contractor and sub-
contractors performing work under this Agreement are in compliance with the Federal Work
Authorization Program. Prime contractors and sub-contractors may participate in any of the
electronic verification of work authorization programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of
newly hired employees, pursuant to the Immigration Reform and Control Act of 1986
("IRCA").
6. Effective Date. This Agreement shall become effective upon the date above first written.
7. Governing Law. 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.
IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year above first written.
DEP ARTMENT OF TRANSPORTATION
CITY/COUNTY
~~ . -~G.1 LL-A L -_
Commissioner
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T~is contract approve~~tthfu;tG;.~:~5";;P
CIty/County at a meetmg fWI*~.1.-
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Treasurer
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Fed ID No. /IRS No.
EXHIBIT A
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
CONTRACT SCHEDULE
CONTRACT ID: C38070-07-000-0
PROJECT(S) : S009709CI0000 PRCI0-S009-00(709) Cl
1
1
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1
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ITN
LINE I
NO I
I
ITEM
DESCRIPTION
SECTION 0001 ROADWAY
1001-9998 LIMITED
0005 1 PARTICIPATION PROJECT,
ITHE AMOUNT SHALL NOT
IEXCEED - $9,055.20
1318-3000 AGGR SURF CRS
00101
1
1550-1300 STORM DRAIN
00151PIPE, 30 IN, H 1-10
I
1550-3330 SAFETY END
0020 I SECTION 30 IN, STORM
I DRAIN, 4:1 SLOPE
APPROX.
QUANTITY
AND UNITS
I
1.000
280.000
1
I
ILF
60.000
I
I
lEA
2.000
1603-2012 STN DUMPED RIP I
00251RAP, TP 1, 12 IN I
1 ISY
22.000
1603-7000 PLASTIC FILTER I
0030 I FABRIC I
I ISY
22.000
I UNIT PRICE 1 BID AMOUNT
1----------------1----------------
I DOLLARS I CTS I DOLLARS ICTS
9,055.20
1
0.000001 0.00
I
I
---------------------------------
1
8.000001 2,240.00
I
71.87000
4,312.20
979.80000
1,959.60
22.02000
484.44
2.68000
58.96
ITOTAL BID 9,055.20
=================================================================================
EXHIBIT B
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISIONS
ONTRACT ID
C38070-07-000-0
0.030 MILE OF AGGREGATE SURFACE COURSE AND DRAINAGE ON
EISENHOWER DRIVE EVACUATION ROUTE BEGINNING AT RIVERWATCH
PARKWAY AND ENDING AT M.L. 0.03.
S.P. CODE
SPECIAL PROVISIONS DESCRIPTION
107-1-01-SP
108-1-01-SP
109-1-02-SP
A99-0-00-
LEGAL REGULATIONS AND RESPONSIBILITIES TO THE PUBLIC
PROSECUTION AND PROGRESS
MEASUREMENT & PAYMENT
PLANS (A )
Date: September 24, 2002
. FlCSt Use Date 2001.Specificatjons: Novembec 1.2002
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL .PROVJsION
(For State Aid Contracts Only)
. .
Section:107-lega.. Regu'ationsand Responsibility to. the PUblic
Delete Subsection IOZ23.A. and substitute t~following:
. .107.23 EnvlronmentaJ CoI1Sideraoons
All envitomnental Considerations and clearanceuhaIlbe the responsibility of the COunty ot inlJiJicipality to meet, in~ludittg
. the~mcnts of Section 404 of the ctCan Water Act (33 use 1344). . . .
Aftet- July 1,1991, State t'undedptojects musf comply with the requirements of Chapter 16 of ride 12 of the ~ial Code of
. Oeotgia: An:notiited, the Georgia EnVironmen.tal Policy Act (GEP A), of 199 L In Compliance WithGEP A. those pn>jects for
Vtiiich FedecaJ. funding is sOught; and NaP A compliance is accomplish~ are exempt from the requirements of GEP A.
. .
'OOP A requires thatenviroDmentaI documeD.tation.be ~tnplislicd for County or City.pcojectil ifinorc than SO ~ccnt of the
.totaJ. project cost is funded by Ii gClnt of a State Agency or a ~of more that $250.000.00 is made by the State AgenCy to.
the dWnicipafity Ol". County; The "rCSPOnsible.o~ialof the government agenci ~detcDnineif a proposed governmental
action is a proposed govetnmerital action whi~h may significantly advecselyaffcct the quaIityof the environment."
,A; 'Ike Folio""" Proj_ W..... Not ~ Advetoely AIrect .....QuaDlyOfThe J!i.......o_
.Non':~disturbing activities and Illinor land disturbing activities that w~!1ld not be anticipated to. sigoifical!tly affect the
.qual~tY of die' enviroiunCnI jnclu4cnhe foUowmg list These types of projects. funded With state InOl)ey would oot be
subject to environmental assessment of any kind. Hearing procedures outline in GEP A would not be applicable.
1.. . Mmor roadway and non-histOric bridge projects.
. a. Modemizationof an existing highway by resurfacing, {cstoration. rehabilitation, adding ~oulders, widening a:
single lane or less ineacb direction and the addition of a median within previously disturbCdexis.ting right-of-
way. . . . . .
. b. Adding auxiliacj lanes for localiUd purposes (weaving, climbing, speed changes, etc.) and Correction
JUbstaDdardcurvesand intersections within previously disturbed existing right-or~way. .. . .
c. Non-historic bridge replacement projects in existing ;Wgnment with no detour bridge;
. 2. - Lighting, signing, pavement wking, signalization. freeway SUrveillance and control SYSfums, aDd railroad
. ptoteCtivedevi~. . . .
3. Safety projects such as grooving, glared screen, safety barriers. energy attenuatOrs, median bamers. ctc.
4. .. Highway landsCaping and la~dscaping modification. res.t area projects ;u.d truck. weigh stations within previously
disturbed existing right~f-wa~. . .. . . .
S. Construction of bus sheltcts and bays within existing right-of-way.
6. TettIporary replacement of a highway facility that is commenced immediately after the oCcurrence of a natural
disastei of catastrophic failure to restore the highway for the health, welfare.. and safety of the public.
. Office of State Aid
Section lOt-Legal Regulations and'R~nslbfllty to the Public
B. The FoUowiagProJects May Not Significantly A.dversely Afreet The Quafity Of The Environment:
For projects that wlIi cause land disturbance and for which there is no at'tticipationthat the project may significantly
. adversely affeCt the: quality of theenvi<<>nmcnt, certain studies will be Undertaken. These studies would serve to. .
.documcot whether or not the COunty or municipality should Antlcipatedtat a project might significamIy adYC:ISCly affect .
.. the quality of the environment. Documentation of ~e studies will be accompIisbed through the use of. the ~ A .
IDve.stigation ~tudies" checklist . " . . '.
The types ofprojeetsthat would faU under the category, would include:
. . . ,
1. Bridge replacement projects on new location or with a detoutbridge, where there are no significant adyerseimpacts
. to historic or archaeologicaltesources,no involvement With Federally listed threatened and endangered species a,nd
no significant adverse impact to wetland$. . . ,
2. Passing lanes, .l1leClian ad4itions and widening projects. where there Are no Significant adVCCSCimpacts to historic or
lirchaeological resources, no involvement with FederaUy listed threatened andendangeted species and no silnffi~.
adverse impact to wetlands;. . . .
. 3. Safety and intersection improvements Where there ~ no significant adverse impacts to histOric, or archaeological
reSourceS, no involvement with Federally listed threatened and endangered species aM no significant adverse impact
. to wetlands, . .
. .
,4. Rest area projects and truck weigh statio~ with no purchase of additioaaI right~f-way..
. . ,
S. . New location projects where there are no signifiCant adverscimpacts to historic or archAeologicafr.esO~ 00
involvement with Federally listed threatened and endangered species and no sigiiificanfaifveise impact to w~ands.
HStudies.demonstrate that the project will not significantly adversely affect the quality of the cnviroDJDent, project file$.
will be docUmented. H studieS demonstrate that the project may significantly adversely affect the quality of the
etlviionment, development of aIJ enVironmental effects repon (EER) will be undectakcri along with full GEP A
compliance. .
c. The FoUowing' Projects May Slgnificai1t1y Adv~ Affect The Quality Otne Enviro~
This categOry of projects may include major widening and new location projects. . H such ProjeCts result in a significant
.. . adv<:rsC effect, an EEl{ sbalI be prepared. .
I). ERR Procedure:
GEPA calIs for considerati9D of the "cumulative effect of the propOsecfgovernmont actions on the envirQnment.....if it , .
series of proposed government actions are related either geographically or as logiCal parts in a chain of contemplated
. actions." Therefore, EER 'sfor sections of rCladways to be widened or built as new.lOCation facilities will include aIi .
projects that are conQected geQgraphically or as logical parts in a chain of contemplated actiolis.
t. During preparation. of an environmental effect report.fhe County or Municipality Will cons11It With and solicit
comments from agencieS that have jurisdiction by Jaw, special expertise, or othec interest with respect to
environmental i~. .
2. In compliance with GEP A the following shall be contained in the EER. at a minimum:.
a. Cover sheet;
b. Executive summary;
c. Alternatives, including the oo..build;
d. Relevant environmental setting; Geology, soils, water stipply and wetlands, floral fauna. archaeologylhistory,
economic.environment, e~gy, cultural reSources;
c. The environmental impact of theproposed action of the relev.ant setting and mitigation ineasurcspro~ to
avoid or minimize adverse impact; .
f. Ullavoidible adverre environmental effects;
g. Value of short-term. uses of the environment and maintenance and enhancement of its. long-term value;
h. Berieficial aspects, both long term and shorttenn and its economic advantages and disadvantages;
i. . Comments of agencies which have jurisdiction by Jaw, special expertise, or other 'interest with respect to any
envirollIliental impact or resource;
Otf~ of State Aid .
Page 2
SectIon. 107-LegaI Regulations and RespOnsibility to the Public
3. :At least 45 days prior tomaJdng.a decision as to whethel'toproCeed.witb the un4ertaking. publiSh in the "legal
0cgai1 of each County in which the proposed governmental action or any part thereof is to occur. noticetbat an .
environmental effectS report has been prepared". .~ . . .
, . . .
4. . The Co~ or Municiplllity sbaIl send a copy of the EER and all other COaD:nents to the J)irc:ctor, !WD.
S. . '!'he County or municipali~sbaU make die docmnent availl.ble to the pUblic and. age~ies. upon request
6. A public hearing \ViB be held in each affected county if at least 190 residents of the State of Geocgia request on
within 30 days of publication in the legal organ' of All affected CountY- The responsible official. or his designee may
. . hold ~ public hearing if less than 100 requests are received. (The CQunty ormunicipaIitJ is not relieved of othecStat.e
legal iequirements of pui:i~c hearings, however.) . . . .
7. Following the public notice period ~or public hearing, a summary o{ the document, CO~ts recei'ied and
rcconunCndationas to whether to proceed with the action as Originally prepared, to proceed with changes, or not to
proceed will be ~~ (NotiCe of'Decision). '
8. ni$ dCcisiondocumeo~ w!K:nsigned by the tesponsible officlaI. will be sent to the director. EPD, and an ...
abbreviated notice of the decision will be publiShed in the legal organ of each County in which the propoSed
goYc:mmental action or any part thereof is to occur... .
9.. A copy oftbe decision document, the EER. andpublie bearing comments (if any) will be sent to. the Department Of
Transpoctation, OffiCe ofBnviroDuient and Location and The Department of Natural Reso~Envitqnmei1taI .
,Protection Division for their flies. . . ...
Department Of Transportation
. Office Of Environment And Location
3933 A via,tion Circle
. A~ta, Georgia 30336
. Departinent Of NatUral ResoIlrCeS .
. Environmental Protection Division
2OS'Butler Street, Se .
Suite 1152
Atlanta, Georgia ~34
.. Any mitigation measures i4entified in the EER will ~ incorporated into .thc.finat project plans.
. .,
,. .
. OffICe of State Aid
. Page3
.. Date: . May 29. 2001
Fust Use Dati 2001 Specifications: November 1. 2002
DEPARTMENT OFTRANSPO~TATlON
STATEOFGEORGIA..
SPECIAL PROVISION.
Section. 1 08-Prosecutionand Progress. .'
..-Retain Subsectiqn 10$.03 except as modified below:
. For thisProject. the Progress Schedti1e required by Subsection 108.03 need not be submitted.
Date: July 3,2001
First Use Date 2001 SpecificationS: November i, 2002
,
DEPARtMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL.PROVISION
Section 109-Measurement & Payment. .
(City iCOurity Contract$) .
Delete the first sentence of Subsection 109.07.A. paragraph one, arid sUbstiMe the
1011oYt!ing: . .
A General: On the tenth day of each calendar month, the total value ofItems conw1eteiri place will be
cstilil.ated by the Enginea and Certified for payment. . .
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COUNTY: RICHMOND
CITY: AUGUSTA
PROJECT NO. : PRCIO-S009-00 (709)
Note: The Local Government shall certify all necessary RfW, and remove or adjust all
utilities at no cost to the Department of Transportation.
Note: The Local Government shall be responsible for placement, maintenance, and
inspection of traffic control devices and any required erosion control.devices.
Note: The Department of Transportation's participation in constructing this project
is limited to the items set up for payment under this contract. Any items or
work required and not set up for payment under this contract will be the
responsibility of the Local Government and at no cost to the Department of
Transportation.
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EXHIBIT C,
CERTIFICATION OF
COMPLIANCE WITH STATE AUDIT REQUIREMENT
I hereby . certify' that I am a principle and duly authorized rxPresentative of
. ,A-AI.t$~ - /2~Jawhose address is .530 ~~6 sf ')~ Po(o . and
~ertifiedthat: .. ~usT4JGA 801/1
The provisions of Section 36-81-7 of the Official Code of Georgia Annotated, relating to
the "Requirement of Audits" have been complied with in full such that:
A)
Each unit of local government having a popula~ion in excess of 1,500 persons or
expenditures of $175,000.00 or more shall provide for and cause to be made an
annual audit of the financial affairs and transactions of all funds and activities of the
local government for each fiscal year ofthe local government.
(b) The governing authority of each local unit of government not included above shall
provide for and cause to be made the audit required not less often than once every
two fiscal years. .
(c) The governing authority of each local unit of government having expenditures orIess
than $175,000.00 in that government's most recently ended fiscal year may elect to
provide for and cause to be made, in lieu of the biennial audit, an annual report of
agreed upon procedures for that fiscal year.
(d) A copy of the repOrt and any comments made by the state auditor shall be maintained
as a public record for public inspection during the regular working hours at the
principal office of the local government. Those units oflocal government not having
a principal office shall provide a notification to the public as to the location of and
times during which the' public may inspect the report. .
Date
. L./__ c{-c) r
,
;{)dYvMa6 ul/ JU o.mLJ
Signature