HomeMy WebLinkAboutMemorandum of Transmittal (3)
Augusta Richmond GA
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YEAR: '2-00 3
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FILE NUMBER: "ioLv5
NUMBER OF PAGES: '1
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Public Works and Engineering Department . 72<1.
Teresa C. Smith, P,E., Director
1815 Marvin Griffin Road
Augusta, Georgia 30906
(706) 796-5040 Fax (706)'796-5045
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MEMORANDUM OF TRANSMITTAL
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Date:
To:
Decen'lber 11, 2003
Max Hicks
Utilities
Froin:
Teresa C. Smith, Director
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Subject:
Project No.:
File Reference No.:
GAPowerLocal Agency Agreement
GDOTPI No.Z22110, State Route 121fUS25
Q3~014(A)
We are sending you Ji'l attached' 0 under separate cover:
# Copies Dated Description
1 Letter dated December 9, 2003 James WaH, County Attorney
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Comments: }>lease find attached for you'r action as appropriate, the origfnal of the local agency
agreement executed by Mayor Young and sentto PWE in error.
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Attachment
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AUGUSTA-RICHMOND COUNTY COMMISSION
BOB YOUNG
Mayor
STAFF ATIORNEYS .
VANESSA FLOURNOY
HARRY B. JAMES, III
LEE BEARD
TOMMY BOYLES
ULMER BRIDGES
ANDY CHEEK
BOOBY G.HANKERSON
WILLIAM B. KUHLKE, JR.
WM. "WILLIE" H, MAYS, III
STEPHEN E. SHEPARD
MARION WILLIAMS
JAMES B. WALL
CITY A TIORNEY
AUGUSTA LAW DEPARTMENT
RICHARD L. COLCLOUGH
Mayor Pro Tem
December 9, 2003
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Ms. Teresa C. Smith, Director
Department of Public Works and Engineering
1815 Marvin Griffin Road
Augusta, Georgia 30906
RE: Georgia Project: EDS-565(9) Burke-Richmond
G.D.O.T. P.I. NO: 222110
State Route 1211US 25
Dear Teresa:
I enclose herewith the original of the local agency agreement exes;uted by Mayor
Young. Please attend to this matter with the, State DOT.
With best personal regards, I am
Yours very truly,
~
James B. Wall
JBW/sjp
Enclosure:
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,CONTRACT ITEM AGREEMENT
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GEORGIA PROJECT:
G.D.O.T. P.I. NO.:
EDS-565(9) Burke-Richr!lOnd
222110
THIS AGREEMENT; made this 1; ff}/. / <{, ;2cJo____0 , by
and between the Department of Transportation, an agency of ~e State of Georgia,
hereinafter called the DEPARTMENT, first party, and AUGUSTA-RICHMOND
COUNTY COMBINED GOVEI~NNlENT, a political subdivision of the State of Georgia,
hereinafter called the LOCAL AGENCY, second party; .
WITNESS that:
. WHEREAS, the DEPARTMENT proposes under the above numbered
project to widen and reconstruct State Route l21/US 25 from County Road 438 in Burke
County to State Route 88 in Richmond County, Georgia; and
WHEREAS, due to the construction of this project, it will become
necessary to make certain adjustments or additional installation of utility facilities of the
LOCAL AGENCY, the cost of.which shall be determined in ,!ccordance with Articles 6,
, 7, & 8 below; and
WHEREAS, . the LOCAL AGENCY has requested that the
DEPARTMENT include the adjustment or installation of water distribution facilities in
its highway construction contract as shown on the attached plans; and
WHEREAS, this Agre:ement being for the sole purpose of providing a
contractor for work performed on the LOCAL AGENCY'S water facilities, the LOCAL
AGENCY shall bear the cost of said work to be determined as hereinafter set forth;
WHEREAS, the preliminary engineering, including preparation of
detailed plans and contract estimate for adjustment of the utilities described above bave
been accomplished by the LOCAL AGENCY;
vVHEREAS, the plans for the utility work have been approved by both the
DEPARTMENT and the LOCALAGENCY prior to commencing work;"
NOW THEREFORE, in consideration of the premises. and the mutual
covei1~ts of the parties hereinafter set forth, it is agreed:
1. It is specifically understood that the project number shown above
is for the DEPARTMENT'S identification purposes only and may be subject to change by
the DEPARTMENT. In the eventitbec6mes necessary for the DEPARTMENT to assign
. a different project number, the DEPARTMENT shall notify the LOCAL AGENCY ofthe
new project designation. Stich ~hange in project designation shall have no effect
whatsoever on any of the other terms of this Agreement.
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, CONTRACT ITEM AGREEMENT
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2. The DEPARTMENT shall include in its contract for this project all
work necessary to accomplish the adjustment of the LOCAL AGENCY'S facilities as
shown on the highway plans along with the necessary speCifications to assure that the
work conforms to sound construction practices.
3. In the event it becomes necessary to add pay items that are 'not
provided for in the contract, the DEPARTMENT shall negotiate prices with the
contractor and enter into a supplemental agreement with the contractor for completion of
the additional items. Upon notification, the LOCAL AGENCY. shall furnish a check for
the additional cost as determined in Article 8 below.
. 4.' The DEPARTMENT shall furnish on the project the construction
engineering inspection and testing by its own forces required to assure that the work is done .
in accordance with the plans, specifications and Special Provisions.
5. - Upon completion of the work and upon certification by the
DEPARTMENT'S engineers that the work has been completed in accordance with the
aforesaid plans and specifications, the LOCAL AGENCY shall accept the adjusted and
additional facilities and shall thereafter operate and maintain the adjusted and additional
facilities without further cost to the DEPARTMENT or its contractor. Such maintenance and
all operations and activities shall be subject to the DEPARTMENT'S rules, policies and
procedures as contained in its UtilityAccommodation Policy and Standards, current edition.
6. The DEPARTMENT shall include in its highway contract those items
shown as "materials" for permanent installation on the aforesaid plans attached hereto. The
price bid for the appropriate items shall include all labor, materials and incidentals necessary
_ to complete the work. The cost of the requested work shall be determined from unit
quantities and unit prices as shown in the DEP AR TMENT' S tabulation of bids. A ten (10)
percent charge shall be added to the bid for DEPARTMENT Administrative and Engineering.
Cost (A&EC). The approximate non-binding pre-let 'estimate is $] ,004,381.00 based on the
LOCAL AGENCY'S estimateattachedJ:ereto not iricluding A&EC.
7. . It is mutually-agreed that as soon as practicable after the opening of
bids and acceptance of a bid by the DEPARTMENT, the DEPARTMENT shall notify the
. LOCAL AGENCY in writing- of 'the amount due the DEPARTMENT. The LOCAL
AGENCY shall pay to the DEPARTMENT the amount due within sixty (60) days.
8. It is further mutually agreed that the final cost of the work performed
on behalf -of the LOCAL AGENGY shall be determined by measurement of the actual
quantities of installed materials, includiI1g added items under Article 3, multiplied by the
actual bid prices phis ten (10) percent for A&EC. Accordingly, after the project has been
completed, the DEPARTMENT shall determ~ne the final cost to"be borne by the LOCAL
AGENCY and, as the case may be, shall refund to the LQCAL AGENCY or shall request of
the LOCAL AGENCY an additional payment in the amount of the difference between the
final- cost to be borne by the LOCAL AGENCY and the amount which the LOCAL
AGENCY has previously paid to the DEPARTMENT. In the event additional payment is
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., CONTRACT ITEM AGREEMENT
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due to the DEPARTMENT, the LOCAL AGENCY agrees to pay same within sixty (60) days
after the statement is received from the DEPARTMENT. In the event a refund is due the
LOCAL AGENCY, the DEPARTMENT agrees to pay the LOCAL AGENCY within sixty
(60) after the refund amount is determined or final acceptance is made by the
DEP ARTMENT.
9. 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.
10. It is mutually agreed behyeen the parties .hereto .that this document
shall be deemed to have been executed in the City of Atlanta, Georgia, and that all questions
. of interpretation and construction shall be governed by the laws of the State of Georgia.
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CONTRACT ITEM AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement t6 be
executed in two counterparts; each to be considered as original by their authorized.
representative the day and date he~einabove written.
WITNESS AS TO SECOND PARTY:
AUGUSTA -lUCHMOND
; COMBINED GOVERJ~IENT
BY:
BY ;t;~J)~
, N TARYPUBLIC
Notary Public, corumpS~~.o/.' Georg/a
My Commission Exp)res Aug; 1.2006
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Signed on behalf of pursuant to resolution
dated, .
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FEIN
RECOMMENDED:
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ACCEPTED:
DEPARTMENT OF TRANSPORTATION
BY:.
STATE UTILITIES ENGINEER
BY:
COMMISSIONER
PROJECT: EDS-565(9)
COUNTY: Buike-RicImlond
G.D.O.T. P.L NO.: 222110
DATE: Noveinber 7,2003 TLB
WITNESS AS TO THE DEPARTMENT:
Signed, sealed and delivered this
day of , 20
in the presence of:
BY:
WITNESS
. BY: .
NOTARY PUBLIC
(OFFICIAL SEAL OF THE DEPARTMENT)
I attest that the seal imprinted herein is -the Official Seal of the DEPARTMENT.
BY:
TREASURER
OFFICIAL CUSTODIAN OF THE SEAL
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RESOLUTION
STATE OF GEORGIA
COUNTIES OF BURKE-RICHMOND
BE IT RESOLVED by AUGUSTA-RICHMOND COMBINED GOVERNMENT,
and it is hereby resolved, that the foregoing attached Agreement, relative to project EDS-
565(9), to widen and reconstmct S~ate Route l21/US 25 from County Road 438 in Burke
County to State Route 88 in Richmond County, and that MR. BOB YOUNG as Mayor and
MS. LENA 1. BONNER, as Clerk, be and they are, thereby authorized and directed to
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execute the same for and in behalf of said AUGUSTA-RICHMOND COMBINED
GOVERNM~ENT.
Passed and adopted, this the
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day of fun! '
,2003.
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BY:
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CRAmM .c{
STATE OF GEORGIA,
COUNTY OF RICHMOND
I, MS. LENA 1. BONNER, as Clerk, do hereby certify that I am custodian ofthe
books and records of the same, and that the above and foregoing copy of the original is now
on file in my office, andwas passed by AUGUSTA-RICHMOND COMBINED
GOVERNMENT.
WITNESS my hand and official signature, this the / Y day of 7vrV
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BY: ".' ~____,>
.. f/ . . CLERK..
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