HomeMy WebLinkAboutGATEWAY GRANT PROGRAM DPUG BARNARD GATEWAY PROJECTGrant Program
—,A.*.a-M
MEMORANDUM OF UNDERSTANDING
BETWEEN
The , hereinafter called the "GRANTEE ", and
the Georgia Depart nt of Tr nsportatio , hereinafter called the "DEPARTMENT ",
RELATIVE TO
The GRANTEE assuming responsibility for tasks associated with design,
administration, or plant installation, and maintenance for Special Encr chment permit
application project name DOV& OP"Ai(l) Cr471U Y FAQ , ereinafter called the
"PROJECT ". T
I. IT IS THE INTENTION OF THE PARTIES:
The GRANTEE fund 100% of cost for maintenance, design, administration, construction,
equipment, or mitigation for the PROJECT.
II. IT IS AGREED:
A. That plant material funding will be dependent upon the GRANTEE obtaining
a special encroachment permit from the District Traffic Operations Office
meeting appropriate safety, access, and design standards;
B. That nothing contained herein shall obligate the DEPARTMENT to proceed
with subsequent stages of the PROJECT.
C. That the GRANTEE'S expenditure prior to execution of an Agreement with
the DEPARTMENT for funding plant material of the PROJECT shall be at
the sole cost and risk to the GRANTEE. Should the GRANTEE or the
DEPARTMENT determine that for any reason the PROJECT is unable to
enter subsequent stages, the DEPARTMENT is not responsible for
reimbursement of local funds expended on the PROJECT.
III. The GRANTEE shall Certify that they have read and understand T.O.P.P.S.
document 6755 -9 — Landscaping on the Right of Way and will comply in full with said
provisions.
IV. The GRANTEE shall certify that the local government entity sponsor shall sign
Mowing and Maintenance Agreement to maintain the landscaped site for 50 years.
V. The GRANTEE shall submit a record of progress from start to completion, receipts
showing how the PROJECT money was spent, and photos of the final implementation of
the PROJECT to the Department's State Office of Maintenance along with a concise
electronic presentation file for use at a Roadside Enhancement and Beautification
Council meeting. The design activities shall be accomplished in accordance with the
applicable guidelines of the American Association of State Highway and Transportation
Officials, hereinafter referred to as "AASHTO ", and constructed in accordance with the
DEPARTMENT's Standard Specifications Construction of Transportation Systems,
Current Edition, PROJECT schedules; and applicable guidelines of the DEPARTMENT
when portions of the project are on state routes.
VI. The PROJECT construction plans and right of way plans shall be prepared in English
units.
VII. The GRANTEE shall follow the DEPARTMENT's procedures for identification of
existing and proposed utility facilities on the PROJECT or parts of the PROJECT within
the right of way of state routes. These procedures, in part, require all requests for
existing, proposed, or relocated facilities to flow through the DEPARTMENT's District
Access Management Supervisor and the District Utilities Engineer.
VIII. The GRANTEE will be responsible for performing the construction supervision
and documentation for the project. At the discretion of the Department, additional
erosion control measures will be performed on the project when deemed necessary by the
Area Engineer.
IX. The GRANTEE shall be solely responsible for advertising and awarding the
construction contract for the PROJECT.
X. The GRANTEE 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 GRANTEE pursuant to this AGREEMENT. The GRANTEE 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. The
GRANTEE shall also be responsible for any claim, damage, loss or expense that is
attributable to negligent acts, errors, or omissions related to the designs, drawings,
specifications, and other services furnished by or on behalf of the GRANTEE pursuant to
this AGREEMENT.
XI. Both the GRANTEE and the DEPARTMENT hereby acknowledge that time is of the
essence. The GRANTEE shall have thirty (30) months from the Date the Memorandum
of Agreement is signed after the Encroachment Permit is approved to expend the awarded
funds. The Department reserves the right to reduce the Award Amount if the cost for the
project is lower than the estimated construction cost or the scope of the project is
reduced.
XIV. This AGREEMENT is made and entered into in the State of 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.
2
IN WITNESS WHEREOF, the DEPARTMENT and the GRANTEE have caused
these presents to be executed under seal by their duly authorized representatives. The
parties hereto have executed this Memorandum of Understanding, this 2 ,1�9 day of
200_9
DEPARTMENT OF TRANSPORTATION
lla4lt"� Ak;�l
Commissioner
ATTEST:
l�
Grantee
itness
Treasurer
Date
3