HomeMy WebLinkAboutST SEBASTIAN WAY GREENE STREET 15TH STREET PROJECT
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Revised May 13,2005
CONTRACT FOR ACQUISITION OF RIGHT OF WAY
STATE-AID or FEDERAL-AID PROJECT
Reimbursable
PROJECT: DE-OOMS(389)
COUNTY: RICHMOND
STATE ROUTE:
P.I. NO.: 262750
STATE OF GEORGIA
COUNTY OF RICHMOND
CITY OF AUGUSTA
This agreement made and entered into this IR!1.. day of J;t y , 3(J()~bY
and between the DEPARTMENT OF TRANSPORTATION (hereinafter called the
DEPARTMENT) and the CITY OF AUGUSTA (hereinafter called the CITY).
WITNESSETH THAT:
WHEREAS, the DEPARTMENT, and the CITY, proposes to let to construction
the above indicated project located on St. Sebastian Way, the rights of way which are to
be acquired in the name of the DEPARTMENT by the CITY with the cost of the right
of way being distributed between the CITY and the DEPARTMENT as hereinafter
specified; and,
WHEREAS, the DEPARTMENT is authorized to enter into this contract with
the CITY by virtue of Section 32-2-2(a) of the Official Code of Georgia Annotated; and,
WHEREAS, the CITY is authorized to enter into this contract by virtue of
Sections 32-3-3(3), 32-4-41(5), 32-4-42(a) and 32-4-61 of the Offi.lcial Code of ~~ia
Annotated and that certain ~lution of the Mayor and City Council, adopted the oay
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WHEREAS, said rights of way are to be acquired by the CITY in accordance
with certain specified requirements of the Federal-aid Highway Act of 1970, as amended,
and regulations of the DEPARTMENT in order for the construction cost of said project
to be eligible for State or Federal participation; and,
NOW, THEREFORE, in consideration of Ten ($10.00) Dollars in hand paid to
the CITY, the receipt of which is hereby acknowledged, and the mutual promises and
covenants hereinafter set out, the DEPARTMENT and the CITY agree as follows:
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ITEM I
The DEPARTMENT agrees to reimburse the CITY 100 % for eligible right
of way costs on a Monthly Basic. Reimbursable right of way costs include land and
improvement costs, relocation expenses and contracted property management costs.
Non-reimbursable right of way costs include manpower, appraisal, administrative,
attorney fees and any in-house property management.
Each appraiser utilized, on this project, must be selected from the
DEPARTMENT'S "Approved Appraiser List." The DEPARTMENT will review and
approve each selection prior to the CITY contracting with the appraiser. All appraisals
will be submitted to the DEPARTMENT for review, approval and establishment of fair
market value prior to negotiations.
All consultants, appraisers and other individuals subject to testimony in
Condemnation cases will be pre-approved by the DEPARTMENT and their contract will
include a requirement that they must be available for Court testimony.
ITEM II
The DEPARTMENT will prepare the deeds in the name of the DEPARTMENT
and furnish them to the CITY for use in acquiring the Right of Way. The CITY shall
ensure at the time of closing that the deed in hand reflects the latest revised or current
required right of way and/or easements.
The CITY will provide, at CITY expense, all legal counsel associated with
acquiring properties by deed.
The DEPARTMENT, or its designated representative, will prepare all
Condemnation Petitions in the name of the DEPARTMENT and will provide all legal
counsel, at DEPARTMENT'S expense, which is associated with acquiring properties
through condemnation. Upon completion of negotiations, the CITY will forward the bi-
parcel file (containing the completed negotiation record, title report, appraisal report and
any other documents and correspondence _ related to the parcel) to the DEPARTMENT
for use in preparing the Condemnation Petition. The DEPARTMENT'S Special
Assistant Attorney General will file the condemnation petitions and defend them in court.
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ITEM III
As set forth in ITEM I above, the DEPARTMENT will reimburse 100 % of the right of
way cost on a Monthly Basic. Procedures for reimbursement are as outlined below:
1) After closing and recording of the Deed and/or Easement, the following items
must be included in each reimbursement request in order for the DEPARTMENT to
reimburse the CITY.
a) Recorded Deed or Easement
b) Copy of Completed Negotiation Record
c) Copy of the Approved Option
d) Executed Closing Statement
2) Reimbursement request for properties acquired through Condemnation
requires the following:
a) Copy of the filed Condemnation Petition with identified docket
number.
3) Reimbursement request of Property Management expenditures as outlined
in Item IV of this contract requires the following:
a) Copy of receipt for payment between the CITY and any fee
contractors employed by the CITY for Property
Management activities.
4) Reimbursement request of Relocation expenditures requires the following:
a) Copy of Payment Checks
b) Copy of Executed Claim Forms
c) Copy of the Approval Authorization of Payment Amount
All files and reimbursement requests will be channeled through the Local
Government Right of Way Coordinator in the Tennille District Office.
Reimbursements will be reviewed at the District Level in accordance with current
guidelines and policies. Reimbursements to the CITY will be issued from the General
Office in Atlanta following the receipt of all approved documents from the District
Local Government Right of Way Coordinator.
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ITEM IV
The CITY, at CITY expense, will ensure the demolition and removal in their
entirety of all buildings, walls, fences, gates, underground storage tanks, signs, or any
other improvements and structures of any nature or description, lying wholly or partially
situated within the right of way and/or easement area. The demolition and removal shall
be in accordance with procedures approved by the DEPARTMENT. The
DEPARTMENT will not remove any improvements or structures as clearing and
grubbing items. This is a reimbursable cost to the CITY. The DEPARTMENT will not
reimburse the CITY for any demolition performed by CITY forces. The
DEPARTMENT will only reimburse demolition performed by fee contractors.
Any -and all contaminated properties will require the DEPARTMENT'S approval
before being acquired by the CITY. Removal of underground tanks and other hazardous
materials will be in accordance with all current EP A, EPD, State and Federal regulations,
laws and procedures.
ITEM V
The CITY has the authority to approve a counter offer or administrative
settlement up to $10,000 or 10% above the approved Fair Market Value, whichever is
greater. All other counter offers or administrative settlements must be reviewed and
approved by the DEPARTMENT, if the DEPARTMENT is to participate in the
increase. Any modification or special provision must be approved by the
DEPARTMENT. The Local Government Coordinator, in the Tennille
District Office will function as the CITY'S liaison with the DEPARTMENT. All
counter offers, check requests, etc. will be submitted through the coordinator. The
Acquisition Section in the General Office will review all counter offer justifications and
settlement proposals, as outlined above, for acceptance or rejection. Once a
determination has been made by the General office, the coordinator will notify the CITY,
in writing, of either approval or rejection of the submitted proposal. The
DEPARTMENT will not participate in any portion of a counter proposal which is closed
prior to the DEPARTMENT'S review and approval.
ITEM VI
During the life of this contract and prior to completion of the construction work
and final acceptance of the project by the DEPARTMENT, the CITY agrees not to use
convict labor in any way on the project.
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ITEM VII
Once the environmental clearance is obtained and the right of way plans are
approved, the CITY can begin non-reimbursable, pre-acquisition activities however, no
offers can be made until RJW funds have been authorized in accordance with CFR
23.710.307 and the DEPARTMENT has issued a Notice to Proceed with right of way
acquisition activities.
The CITY agrees to defend, at CITY expense, any and all suits, if any should
arise, involving property titles and/or contaminated properties associated with the
acquisition of Rights of Way by deed.
ITEM VIII
The CITY will, as required by law, proceed within fifteen (15) days after being
notified by the DEPARTMENT to acquire the Rights of Way for said project free of all
encumbrances by gift, deed, easements or condemnation in accordance with the approved
plans and deeds as prepared by the DEPARTMENT.
ITEM IX
The CITY will, in its right of way acquisition procedure, observe and comply
with Title 49 Code of Federal Regulations Part 24, Title 23 Code of Federal Regulations
Part 710 and Georgia Laws 1972, p. 931, and in accordance with the requirements as
outlined in the Relocation Assistance Manual prepared by the DEPARTMENT. The
CITY will be responsible for making payments to owners as required under this
procedure for incidental expenses on the transfer of real property for rights of way
purposes and such other moving and relocation cost as required under the law and
determined to be proper by the DEPARTMENT. Appeals of relocation assistance
benefits will be submitted to the DEPARTMENT for review. Response to appeal will
be a responsibility of the DEPARTMENT. The CITY will, in their acquisition of the
right of way, comply with the procedures set forth in Attachment No.1 - Memorandum of
Instructions. During the performance of this Contract, the CITY will also comply with
the Regulations of the U. S. Department of Transportation relative to nondiscrimination
in State Aid or Federally-assisted programs of said Department in accordance with the
stipulations as indicated under Appendix "A" attached.
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ITEM X
Where determined to be desirable, the CITY will provide rodent control measures .
as required by the U. S. Department of Transportation prior to the demolition or removal
of improvements located within the right of way of the project. The measures employed
shall be in accordance with procedures approved by State and local laws and regulations
governing rodent control. These costs are not reimbursable.
ITEM XI
This contract is the total agreement between the DEPARTMENT and the CITY
and no modification of this contract shall be binding unless attached hereto
and signed by both the DEPARTMENT and the CITY. No representation, promise or
inducement not included in the contract shall be binding upon either the
DEPARTMENT or the CITY.
ITEM XII
CITY to Identify all parcels which require building demolition by roadway
contractor. A list of all affected buildings to be torn down by roadway contractor, to
include Parcel #; Station # and Offsets will be provided to Local Government
Coordinator 30 days prior to project certification..
ITEM XIII
Time is of the essence for this contract.
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RESOLUTION OF THE CITY
STATE OF GEORGIA
COUNTY OF RICHMOND
CITY OF AUGUSTA
BE IT RESOLVED by the Mayor and City Council of CITY and it is hereby
resolved, that the foregoing attached Agreement, relative to Project DE-OOMS (389),
C f AU UST A e entered into by t Mayo City Council, and that
as Mayor, and as Clerk, be
and they are, the y authorized and directed to execut the same for and in behalf of said
Mayor and City Council.
. JASSED AND ADOPTED, this J./1i- day of rJbP'
20 {2i.
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CLERK
~ Witness by hand r official
?/LV ,20 L.
signature, this the ~ day of
BY: ~~tI)t~
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ATTACHMENT NO.1
MEMORANDUM OF INSTRUCTIONS
These instructions are to set forth the procedures necessary for the Political Subdivisions of the State of
Georgia to follow when acquiring right of way on highway projects where it is proposed to acquire or
construct said project with Federal participation, The Political Subdivision shall make every effort to
acquire expeditiously all real property when authorized to proceed,
The Political Subdivision may, when they consider it appropriate, attempt to secure the right of way by
donation, To assure the property owner is fully informed of his rights, the request for donation must be
made in writing and also set forth that they are entitled to receive just compensation, if they so desire, A
letter prepared by the Department will be made available to use as a guide, If a property owner requests
payment of just compensation, the provisions of paragraph one (1) must be followed,
Nothing herein shall be construed to prevent a person whose real property is being acquired from making a
gift or donation of such property, or any part thereof, or of any compensation paid therefore, after such
person has been fully informed of his right to receive just compensation for the acquisition of his property,
1, At the initiation of negotiations each owner must be fully informed of his right to receive just
compensation for the acquisition of his property, In order to assure just compensation is being
offered, the following steps must be taken:
A) A General Certified Appraiser, who is on the Department's approved list, must utilize an
appropriate valuation method (appraisal/data book/cost estimate) as determined by the
Department.
B) The appraiser must give the owner or his designated representative an opportunity to
accompany him during his inspection of the property, A statement is to be in the report
that this opportunity was provided,
C) The report must be adequately documented to support the conclusion of the appraiser and shall
be prepared in accordance with the guidelines set forth by the Department.
D) The Department must review the appraisal and approve in writing the ,estimated amount of just
compensation to be offered to the property owner,
E) The offer must be made in writing for the full amount of the aforesaid estimate of just
compensation, Where appropriate, the written offer must state separately the amount for the real
property being acquired and the amount attributable to damages to the remaining property
2, No person occupying real property shall be required to move from his home, farm, or business
without at least three (3) months written notice,
3, The Department will furnish copies ofletters, settlement and disbursements statements and such
other forms, as it may deem necessary or desirable,
4, Copies of all letters, forms, deeds and status reports used in the acquisition of Rights of Way for
this project must be forwarded to the Department upon request, for future reference,
5, The City will be responsible for determining benefits and preparing relocation assistance packages,
Packages must be submitted to the Department for review and approval prior to offers of benefits
being made,
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APPENDIX "A"
A. COMPLIANCE WITH REGULATIONS: The contractor shall comply with the regulations
relative to nondiscrimination in Federally-assisted programs of the Department of Transportation,
Title 49, Codes of Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the regulations), which are herein incorporated by reference and made a
part of this contract.
B, NONDISCRIMINATION: The contractor, with regard to the work performed by it during the
contract, shall not discriminate on the grounds of race, color or national origin in the selection and
retention of sub-contractors, including procurement of materials and leases of equipment. The
contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21,5 of the regulations, including employment practices when the contract covers a
program set forth in APPENDIX "B" of the regulations,
C, SOLICITATIONS FOR SUB-CONTRACTS, INCLUDING PROCUREMENT OF
MATERIALS AND EQUIPMENT: In all solicitation either by competitive bidding or
negotiation made by the contractor for work to be performed under a sub-contract, including
procurement of materials or leases of equipment, each potential sub-contractor or supplier shall be
notified by the contractor of the contractor's obligations under this contract and the regulations
relative to nondiscrimination on the grounds or race, color or national origin.
D. INFORMATION AND REPORTS: The contractor shall provide all information and reports
required by the regulations, or directives issued pursuant thereto, and shall permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the State Department of Transportation or the Federal Highway Administration to be pertinent to
ascertain compliance with such regulations or directives, Where any information required of a
contractor is in the exclusive possession of another who fails or refuses to furnish this information,
the contractor shall so certifY to the State Department of Transportation, or the Federal Highway
Administrative as appropriate, and shall set forth what efforts it has made to obtain the
information.
E, SANCTIONS FOR NONCOMPLIANCE: In the event of the contractor's noncompliance with
the nondiscrimination provisions of this contract, the State Department of Transportation shall
impose such contract sanctions as it or the Federal Highway Administration may determine to be
appropriate, including, but not limited to:
1, Withholding of payments to the contractor or under the contract until the contractor
complies, and/or
2, Cancellations, termination or suspension of the contract, in whole orin part,
F, INCORPORATION OF PROVISIONS: The contractor shall include the provisions of
Paragraphs "A" through "F" in every sub-contract, including procurement of materials and leases
of equipment, unless exempt by the regulations, or directives issued pursuant thereto, The
contractor shall take such action with respect to any sub-contract or procurement as the State
Department of Transportation or Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the
event a contractor becomes involved in, or is threatened with, litigation with a sub-contractor or
supplier as a result of such direction, the contractor may request the State Department of
Transportation to enter into such a result of such direction, the contractor may request the United
States to enter into such litigation to protect the interest of the United States,
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