HomeMy WebLinkAboutRESOLUTION AND AGREEMENT (CONTRACT WITH GDOT FOR ACQUISTION OF RIGHT OF WAY TO IMPROVE WINDSOR SPRING RD SECT V PROJECTSTATE OF GEORGIA
CONTRACT FOR ACQUISITION OF RIGHT OF WAY
STATE -AID OR FEDERAL -AID PROJECT
Reimbursable
COUNTY OF AUGUSTA - RICHMOND
WITNESSETH THAT:
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Revised 4/06/09
PROJECT: STP00- 1105- 00(004)
COUNTY: RICHMOND
STATE ROUTE: TSR 1128/1128TA11128TG
P.I. NO.: 245320
This Agreement made and entered into this"4 day of. , '�1 ,by
and between the DEPARTMENT OF TRANSPORTATION (hereinafter called the
DEPARTMENT) and the AUGUSTA- RICHMOND COUNTY (hereinafter called the
COUNTY).
WHEREAS, the DEPARTMENT, and the COUNTY, propose to let to
construction the above indicated project located on Temp SR 1128/1128TA/1128TG/CR
65 /Windsor Spring Road from SR 88 to CR 1515 /Willis Foreman Road, the rights of way
which are to be acquired in the name of the DEPARTMENT with the cost of the right of
way being distributed between the COUNTY and the DEPARTMENT as hereinafter
specified; and,
WHEREAS, the DEPARTMENT is authorized to enter into this contract with
the COUNTY by virtue of Section 32- 2 -2(a) of the Official Code of Georgia Annotated;
and,
WHEREAS, the COUNTY is authorized to enter into this contract by virtue of
Sections 32- 3 -3(e), 32- 4- 41(6), 32 -4 -42, 32 -4 -61 and 32 -5 -25 of the Official Code of
Georgia Annotated and by a certain resolution of the Board of Commissioners, adopted
the LSI day of IjD1- vvt( ( , 201 I ; and
WHEREAS, said rights of way are to be acquired by the COUNTY 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.
NOW, THEREFORE, in consideration of Ten ($10.00) Dollars in hand paid to
the COUNTY, the receipt of which is hereby acknowledged, and the mutual promises
and covenants hereinafter set out, the DEPARTMENT and the COUNTY agree as
follows:
ITEM I
The DEPARTMENT agrees to reimburse the COUNTY Not to Exceed
$4,236,500.00 for eligible right of way costs. Reimbursable right of way expenses
include land and improvement costs, relocation expenses and contracted property
management costs. Non - reimbursable right of way expenses include, but may not be
limited to, manpower, appraisal, administrative, attorney fees and any in -house property
management.
Reimbursement of acquisition expenses will be eligible with one (1) interim
reimbursement; and Final reimbursement shall occur after completion of all land and
improvement acquisition; completion of all property management; completion of all
demolition; and, after all occupants have relocated off the project. Further, before any
reimbursement of funding occurs, the COUNTY shall certify in writing to the
DEPARTMENT that title to all parcels, whether acquired by deed or condemnation, has
been quitclaimed from the COUNTY to the DEPARTMENT, and that all property
management, all demolition and all relocation has been completed. Said certification will
include a statement that "All parcels are vacant and immediately available for
construction purposes ".
Each appraiser utilized on this project must be selected from the
DEPARTMENT's "Approved Appraiser List ". The DEPARTMENT shall review and
approve each selection prior to the COUNTY contracting with the appraiser. All
appraisals will be submitted to the DEPARTMENT for review, for approval and to
establish fair market value prior to negotiations.
Except as specified in ITEM V of this contract, all counter offers, administrative
settlements and legal settlements above the fair market value must be reviewed and
approved by the DEPARTMENT if the COUNTY expects the DEPARTMENT to
participate in any increased settlement agreement above the fair market value. It is
understood and agreed that the DEPARTMENT may participate in a court directed
award above the fair market value subject to the availability of funds identified for the
PROJECT. The DEPARTMENT will not be required to participate in any such award
increase that is not supported by a court order. It is further agreed between the parties
that the DEPARTMENT shall be the final arbiter of whether an increase in an award or
expense will be reimbursable to the COUNTY.
ITEM II
The DEPARTMENT will prepare the deeds in the name of the DEPARTMENT
for use in acquiring the Right of Way. The COUNTY shall ensure at the time of closing
that the current, approved deed or easement document reflects the latest revised or current
required right of way description and/or easement(s) description.
The COUNTY will provide, at COUNTY expense with no reimbursement, all
legal counsel associated with acquiring properties by deed.
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The COUNTY, or its designated representative, will prepare all Condemnation
Petitions in the name of the COUNTY and will provide all legal counsel and/or litigation
associated with acquiring properties through condemnation at COUNTY expense.
After receipt of the approved and accepted certification from the COUNTY to the
DEPARTMENT and after all acquired parcels, whether by deed or by condemnation,
have been executed, quitclaimed, transferred in name from the COUNTY and recorded
in the name of the DEPARTMENT, the DEPARTMENT will reimburse the COUNTY
pursuant to ITEM III herein.
ITEM III
As set forth in ITEM I above, the DEPARTMENT will reimburse "Not to
Exceed $4,236,500.00 of eligible right of way expenses. The procedure for
reimbursement is as follows:
All files and reimbursement requests shall be directed to the District Local Government
Right of Way Coordinator (DLGC) in the Tennille District Office. All reimbursement
matters shall first be reviewed at the District Level in accordance with current guidelines
and policies. Reimbursement to the COUNTY will be issued from the General Office
in Atlanta following receipt of all approved documents and the accepted and approved
COUNTY certification.
Three (3) copies of the following items shall be included for each parcel and activity
cost to be reimbursed:
1) Reimbursement of eligible expenses associated with properties acquired by
deed or easement:
a) Recorded Deed or Easement
b) Copy of Completed Negotiation Record
c) Copy of the Approved Option
d) Executed Closing Statement
e) Copy of approved Review Appraisers Report (Form 532)
2) Reimbursement of eligible expenses associated with properties acquired
through condemnation:
a) Copy of the filed, recorded Condemnation Petition with
identified docket number.
b) Copy of receipt for monies deposited into court.
c) Copy of Quitclaim Deed from County to Department
3) Reimbursement of eligible property management costs:
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a) Copy of verifiable and detailed invoice from the contractor and
receipt for payment from the COUNTY and any fee contractors
employed by the COUNTY for Property Management activities.
4) Reimbursement of eligible relocation costs:
a) Copy of Relocation Payment Checks
b) Copy of Executed Relocation Claim Forms
c) Copy of the Approval Authorization of Payment Amount
Any deviation from or change in the above described procedure must be
approved by the State Right of Way Administrator in the Atlanta General Office.
ITEM IV
The COUNTY, at COUNTY 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, whether surface or
subsurface. 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
expense to the COUNTY except when the COUNTY performs any demolition by
COUNTY forces. The DEPARTMENT will only reimburse demolition performed by
fee contractors, supported by appropriate, verifiable paid receipts.
Any and all contaminated properties will require the DEPARTMENT's approval
before being acquired by the COUNTY. Removal of underground tanks and other
hazardous materials will be in accordance with all current Environmental Protection
Agency (EPA), Environmental Protection Division (EPD), State and Federal regulations,
laws and procedures.
ITEM V
The COUNTY 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 any
increased expense. Any modification whatsoever or any special provision included as an
agreement to any document must first be approved and appropriately accepted by the
DEPARTMENT. The District Local Government Coordinator in the Tennille District
Office will function as the COUNTY liaison with the DEPARTMENT. All counter
offers, check requests, and any matters to be considered for agreement will be submitted
through the DLGC. Once a determination has been made by the General Office, the
District Local Government Coordinator will notify the COUNTY, in writing, of either
approval or rejection of the submitted proposal. The DEPARTMENT will not
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participate in any portion of a counter proposal which is closed prior to DEPARTMENT
review, approval and acceptance.
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 COUNTY agrees not to
use convict labor in any way on the project.
ITEM VII
Once the environmental clearance is obtained and the right of way plans are
approved, the COUNTY can begin non - reimbursable, pre- acquisition activities;
however, no offers can be made until: an acceptable project cost estimate has been
submitted, reviewed and approved; ROW funds have been authorized in accordance with
CFR 23.710.307; and, the DEPARTMENT has issued a Notice to Proceed to the
COUNTY for any eligible, reimbursable right of way acquisition activities.
The COUNTY agrees to defend, at COUNTY 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 or condemnation.
ITEM VIII
The COUNTY 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.
ITEM IX
The COUNTY will, in the 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; Georgia Laws 1972, p. 931, as amended; and, in accordance with
the requirements as outlined in the Relocation Assistance Manual prepared by the
DEPARTMENT. The COUNTY will be responsible for making payments to owners as
required under this procedure for any incidental expenses for the transfer of real property
for rights of way purposes and any other moving and relocation expenses 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 an appeal will be the responsibility of the DEPARTMENT. The COUNTY will, in
their acquisition of the right of way, comply with the procedures set forth in Attachment
No. 1 - Memorandum of Instructions, attached. During the performance of this Contract,
the COUNTY 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. The COUNTY shall also comply with all provisions as set forth in
ADDENDUM 1, GDOT TITLE VI Assurances as attached, inclusive of APPENDIX A,
APPENDIX B and APPENDIX C of attached ADDENDUM 1.
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ITEM X
Where determined to be desirable, the COUNTY 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 Agreement sets forth the entire understanding between the Parties relating to
the subject contained herein and supersedes all prior oral and written understandings,
arrangements and agreements between the parties relating thereto. It is understood that
no subsequent alteration, amendment, change or addition to this Agreement shall be
binding upon the parties hereto unless evidenced by an amendment to this Agreement
signed by both the DEPARTMENT and the COUNTY.
ITEM XII
The COUNTY shall maintain all books, documents, papers, accounting records,
and other evidence pertaining to costs associated with this Agreement and used in support
of its activities and shall make such material available at all reasonable times during the
period of this Agreement, and for three years from the date of final payment under this
Agreement, for inspection by the GDOT, and any reviewing agencies, and copies thereof
shall be furnished upon request.
ITEM XIII
TIME IS OF THE ESSENCE IN THIS CONTRACT.
UNLESS OTHERWISE AMENDED BY THE MUTUAL AGREEMENT OF THE
PARTIES HERETO, THIS CONTRACT WILL EXPIRE NO LATER THAN THE
CONCLUSION OF FY 2014.
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IN WITNESS WHEREOF, this instrument has been and is executed on behalf
of the DEPARTMENT OF TRANSPORTATION by the Commissioner and on behalf
of AUGUSTA- RICHMOND COUNTY by , being duly
authorized to do so by the AUGUSTA -RI (/ MO ri COUNTY Board of
Commissioners.
Executed on Behalf of the
DEPARTMENT OF TRANSPORTATION
this %. day of
.;,,.�. , 2012 .
APPROVE
BY:
COMMISSIONER
ATTEST
DEPARTMENT OF TRANSPORTATION
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Executed on Behalf of
AUGUSTA- RICHMOND COUNTY
this 2-1 ' of
, 20 1 ( .
(,;(14
A 6 , 1 MAYOR
liI
7 'This Contract approved by the
Board of Commissioner at a meeting
at a meeting held this the 1 day
C'i OF •�` STA- RICHMOND
COUNTY
Witness AUGUSTA - RICHMOND
COUNTY
STATE OF GEORGIA
AUGUSTA - RICHMOND COUNTY
BE IT RESOLVED by the AUGUSTA - RICHMOND COUNTY Board of
Commissioners and it is hereby resolved, that the foregoing attached Agreement, relative
to Project STP00- 1105 - 00(004), RICHMOND COUNTY be entered into by the
UGU A- ' CH OND COU ► ; TY B .rd of Commissioners, and that
s Mayor, and f� � y4 / ih / as Clerk, be and they are, thereby
uthorized and directed to execute th J same for and in behalf of said Board of
Commissioners.
PASSED AND ADOPTED, this
STATE OF GEORGIA
AUGUSTA - RICHMOND COUNTY
� �/ k b y hand
20
RESOLUTION OF THE COUNTY
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day of
BY: --"(.r
A 01 M AYOR
I," `d Lj/ j Jj " as Clerk of the County Commissioners do hereby
certify that I am c ftodian of the books and records of the same, and that the above and
foregoing copy of the original is now on file in my office, and was passed by the County
Commissioners.
BY:
official signature, this the day of
MEMORANDUM OF INSTRUCTIONS
ATTACHMENT NO. 1
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 full 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 Depai lment'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 of letters, 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 Depaitment upon request, for future reference.
5. The County 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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6. Any consultant contracted for negotiation services for the acquisition of right of way for the
COUNTY must hold either a Real Estate License and be affiliated with a broker, or hold a Real
Estate Broker's License in accordance with OCGA 43 -40 unless identified as an exception under
OCGA 43- 40 -29. Said consultant must attend any present and all future mandatory training classes
required by the DEPARTMENT.
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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 or in 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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ADDENDUM
GDOT "Title VI Assurances
The Georgia De of Transportation (hereinafter referred to as the "Recipient "), HEREBY'
AGREES THAT as a condition to receiving any federal financial assistance from the U.S. Department of
Transportation, it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC'
2000d-42 USC 2000d-4 (hereinafter referred to as the Act), and all rnquirentents imposed by or
pursuant to Title 49, Code of Federal Regulations, Department ofTransportation, Subtitle A, Office of the
Secretary Part 21, Nondiscrimination in Federally Assisted Programs of the Department of
Transportation -- Effectuation of 'title VI of the Civil Rights Act of 1964 (hereinafter referred to as the
Regulations), and other pertinent directives, to the end that in accordance with the Act, Regulations, and
other pertinent directives, no person in the United States shall, on the grounds of race, color, sex, or
national origin be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the Recipient receives federal financial assistance
from the Department of Transportation, including the Federal Highway Administration, and HEREBY
(;JUTS ASSURANCE Tl IAT it will promptly take any measures necessary to effectuate this agreement.
This Assurance is required by Subsection 21.7(aXl) of the Regulations.
More specifically and without limiting the above general assurance, the Recipient; hereby gives the
following specific assurances to its Federal Aid Highway Program,
1. That the Recipient agrees that each "program" and each "facility" as defined in Subsections 21.23(e)
and 21.23(b);of the iegulations, will be (with regard to a "program ") conducted, or will be (with
regard to a "facility „ ) operated in compliance with all requirements imposed by, or pursuant to, the
Regulations;
2. That the Recipient shall insert the following notification in all solicitations for bids for work or
material subject to the Regulations made in connection with the Federal Aid l lighway Program, and
in adapted form in all proposals for negotiated agreements:
The Georgia Department of Transportation in accordance with, Title VI of the Civil Rights Act
of 1964 and 78 Stat, 252, 42 USC 2000d-42 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in
federally assisted programs of the Department of Transportation issued pursuant to such Act,
hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant
to this advertisement, minority business; enterprises will he afforded full opportunity to submit
bids in response to this invitation and will not be discriminated against on the grounds of race
lo or national origin in consideration for an award..”
The
foci
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3. That the Recipient shall insert the clauses of Appendix A of this Assurance in every contract subject
to the Act and the Regulations:
4: That the Recipient shall insert the clauses of Appendix B of this Assurance, as a covenant running
with the land, in any deed from the United States effecting a transfer al'real property, structures, or
improvements thereon, or interest therein..
here the Recipient receives federal financial assistance to construct a facility, or part of a
the Assurance shall extend to the entire facility and facilities operated in connection
therewith.
6. That where the Recipient received federal financial assistance in the form, or for the acquisition of
real property, or an interest in real property, the Assurance shall extend rights to space on, over, or
under such property.
7. That the Recipient shall include the appropriate clauses set forth in Appendix C of this Assurance, as
a covenant running with the land, in any future deeds, leases, permits, licenses, and similar
agreements entered into by the Recipient with other parties: (a) for the subsequent transfer of real
property acquired or improved under the Federal Aid Highway Program; and (b) for the construction
or use of, or access to space on, over, or under, real property acquired or improved under the Federal'
Aid Highway Program.
8. That this Assurance obligates the Recipient for the period during which federal financial assistance is
extended to the program, or is in the form of personal property, or real property or interest therein or
structures or improvements thereon, in which case the Assurance obligates the Recipient or any
transferee for the longer of the following periods: (a) the period during which the property is used for
a purpose for which the federal financial assistance is extended, or for another purpose involving the
provision of similar services or benefits; or (b) the period during which the Recipient retains
ownership or possession of the property.
9. The Recipient shall provide for such methods of administration for the program, as are found by the
State Secretary of Transportation or the official to whom slhe delegates specific authority, to give
reasonable guarantee that it, other recipients, sub - recipients, contractors, subcontractors, transferees,
successors in interest, and other participants of federal financial assistance undcr such program will
comply with all requirements imposed or pursuant to the Act, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial endorsement with regard to any
matter arising under the Act, the Regulations, and this Assurance.
THIS ASSURANCE is given in consideration of and for the purpose of obtaining any and all federal'
grants, loans, contracts, property, discounts or other federal financial assistance extended after the date
hereof to the Recipient by the Department of Transportation under the Federal Aid Highway Program and
is binding on it, other recipients, sub - recipients, contractors, subcontractors, transferees, successors in
interest and other participants in the Federal Aid highway Program. The person or persons whose'
signatures appear below are authorized to sign this Assurance on behalf of the Recipient.
Gents L. Evans,; Ph.D.
Commissioner
Attachments: Appendices A, B and C.
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Date
APPENDIX A (of ADDENDUM 1)
The text below, in its entirety, is in >all contracts entered into by GDOT. All of the text except the
final section, entitled "Incorporation of Provisions," should be included in any contract entered into
by any GDOT contractor.
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest
(hereinafter referred to as the "Contractor"), agree as follows:
3. Compliance With Regulations
The Contractor shall comply with the Regulations relative to nondiscrimination in federally assisted
programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code 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,
Nondiscrimination
e Contractor, with regard to the work performed by it during the contract, shall not discriminate
the grounds of race, color, sex, or national origin in the selection and retention of subcontractors,
including procurement of materials and leases of equipment. The Contractor shall not participate
either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations,
including employment practices when the contract covers a program set forth in Appendix 13 of
Regulations.
Solicitations for Subcontracts, Including Procurement of Materials and Equipment
in all solicitations either by competitive bidding or negotiations made by the Contractor for work to
be performed under a subcontract, including procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations
under this contract and the Regulations relative to nondiscrimination on the ground of race, color,
sex, or national origin.
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 Georgia Department of Transportation or
the Federal 11 ighway Administration to be pertinent to ascertain compliance with such Regulations,
orders, and instructions. Where any information required of contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the Contractor shall so certify
to the Georgia Department of Transportation, or the Federal Highway Administration as appropriate,
and shall set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance
In the event of the Contractor's noncompliance with the nondiscrimination provisions of this
contract, the Georgia 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:
• Withholding of payments to the Contractor under the contract until the Contractor
complies; and/or
• Cancellation, termination, or suspension of the contract, in whole or in part.
Incorporation ofProvisions,,
The Contractor shall include the provisions of paragraphs (1) through (5) in every subcontract,
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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
subcontractor or procurement as the Georgia Department ofTransportation or the Federal !-Highway
Administration may direct as a means of enforcing such provisions including sanctions for
noncompliance.
Provided, however, that in the event a Contractor becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of such direction, the Contractor may request
the Georgia Department of Transportation enter into such litigation to protect the interests of the .
state and, in addition, the Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
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APPENDIX 13 (of ADDENDUM 1)
The following clauses shall he included in any and all deeds affecting or recording the transfer of
real property, structures, or improvements thereon, or interest therein from the United S
Granting Clause
NOW, THEREFORE, the Georgia Department of (GDOT) --as authorized by law,
and upon the condition that the state of Georgia will accept title to the lands and maintain the
project constructed thereon, in accordance with and in compliance with Title 23, United States Code,
the Regulations for the Administration of Aid for Highways; the policies and procedures
prescribed by the Federal Highway Administration of the Department of Transportation; and all
requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted
Programs of the Department of Transportation (hereinafter referred' to as the Regulations) pertaining
to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC
2000d to 2000d -4)- --does hereby remise, release, quitclaim, and convey unto the state of Georgia all
the right, title, and interest of the GDOT in and to said land described in Exhibit A attached hereto
and made a part thereof.
Iilaben dum,Clause
TO HAVE AND TO HOLD said lands and interests therein unto the state of Georgia„ and its
successors forever, subject, however, to the covenants, conditions, restrictions and reservations
herein contained as follows, which will remain in effect for the period during which the real property
or structures are used for purpose for which the federal financial assistance is extended or for
another purpose involving the provision of similar services or benefits and shall be binding on the
state of its successors, and assigns,
The state of Georgia , in consideration of the conveyance of said lands and interests in lands, does
hereby covenant and agree, as a covenant running with the land for itself, its successors and assigns,
that (1) no person shall, on the grounds (Aram, color, sex, disability, national origin, age, or religion,
be excluded from participation in, be denied the benefits of, or be otherwise' subjected to
discrimination with regard to any facility located wholly or in part on, over, or under, such lands
hereby conveyed *, (2) that the state of Georgia shall use the lands, and interests in lands so
conveyed, in compliance withal! requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21,
Nondiscrim ination of Federally Assisted Programs of the Department of Transportation—
Effectuation of Title VI of the Civil Rights At of 1964, and as said Regulations may be amended,
(3) that in the event of breach of any of the above mentioned nondiscrimination conditions, the
agency shall have a right to reenter said lands and facilities on said land, and the above described
land and facilities shall thereon revert to and vest in, and become the absolute property of, GDOT
and its assigns as such interest existed prior to this instruction.'
Reverter CI se aid related language to be used only when it is determined that such a clause is
necessary in order to efreetuae the purpose of Title VI of Civil Rights Act 41964 .<
16 of 17
APPENDIX C (of ADDENDUM 1)
The following clauses shall be included in all deeds, licenses, leases, permits, or sirnfar
instruments entered into by GDOT pursuant to the provisions of Assurance
The LESSEE, for himself or herself, his or her heirs, personal representatives, successors in interest,
and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land, that w the event facilities are constructed, maintained, or* ise operated
on the said property described in this lease, for a purpose for which a GDOT Program or activity is
extended, or' for another purpose involving the provision ofsimilar services or benefits, the LESSEE
shall maintain and operate such facilities and services in compliance with all other requirements
imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle
A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the
Department ofTransportation—Effectuation of Title VI of the Civil Rights Act of 1964, as said
Regulations may be amended.
17 of 17
That in the event of of any of the above nondiscrimination covenants, the STATE shall have
the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and
hold the same as if said lease had never been made or issued.
The following shall be included in all deeds, licenses, leases, permits or similar agreements entered
into by GDOT pursuant to the provisions of Assurance 7.
The LESSEE, for himself or herself, his or her personal representatives, successors in interest, and
assigns, as a part of the consideration hereof, does hereby covenant, and agree as a covenant running
with the land, that (1) no person, on the grounds of race, color, sex, or national origin, shall be
excluded from participation in, he denied the benefits of, or be otherwise subjected to discrimination
in the use of said facilities, (2) that in the construction of any improvements on, over, or under such
land and furnishing of services thereon, no person on the grounds of race, color, sex, and national
origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination, (3) that the LESSEE shall use the premises in compliance with all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation,
Subtitle A, Office of the Secretary, part 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation — Effectuation ofTitie VI of the Civil Rights Act of 1964, and, as said
Regulations may be amended.
That in the event of breach of any of the above nondiscrimination covenants, the STATE shall have
the right to terminate the lease, and to reenter and repossess said land and the facilities thereon, and
hold the same as if said lease had never been made or issued.
Name of Contracting Entity:
Ksso■ng Georgv o.n the Move
GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT
Contract No. and Name: _Augusta- Richmond County Government
By executing this affidavit, the undersigned person or entity verifies its compliance with O.C.G.A.
§ 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with the
Georgia Department of Transportation has registered with, is authorized to participate in, and is
participating in the federal work authorization program commonly known as E- Verify,* in accordance
with the applicable provisions and deadlines established in O.C.G.A. § 13- 10 -91.
The undersigned person or entity further agrees that it will continue to use the federal work
authorization program throughout the contract period, and it will contract for the physical performance
of services in satisfaction of such contract only with subcontractors who present an affidavit to the
undersigned with the information required by O.C.GA. § 13- 10- 91(b).
The undersigned person or entity further agrees to maintain records of such compliance and
provide a copy of each such verification to the Georgia Department of Transportation at the time the
subcontractor(s) is retained to perform such service.
46923 July 9, 2007
EEV / E -VS ) r Identification Number Date of Authorization
December 29, 2011
Date
BY: Authorize
Officer or Agent
(Name of Person or Entity)
irector of Procurement
Title of Authorized Officer or Agent
Geri A. Sams
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
M DAY OF # ee2Nna,�
A/r
tary Public
My Commission Expires:
, 2011_
[NOTA
* or any subsequent replacement 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 ), P.L. 99 -603
Revised 8,221I 1
Tour Center
Printable options: Basic Itinerary I Detailed Itinerary
s, breedings
germany
GROUP INFORMATION
Tour Center ID:
Breeding -2007
Departing From:
Knoxville
Group Leader: Deadline passed - still
We are so excited that you will accepting applicants
be traveling on our 6th Annual
European trip! Join us for a
memorable trip into the classic
past and the dynamic pres
YOU CAN SIGN UP AT:
http: / /www.explorica.com /breeding -2 007
TOUR ITINERARY
Day 1 Start Tour
Departing:
June 11, 2012
Returning:
June 22, 2012
Day 2 Ciao Rome
Meet your Tour Director and check into hotel
Rome City Walk
Spanish Steps, Trevi Fountain, Pantheon, Piazza Navona
Dinner
Day 3 Rome Landmarks
Rome Guided Walking Sightseeing Tour with Whisper headsets
Vatican Museums & Sistine Chapel visit, St. Peter's Basilica
visit, Colosseum visit, Piazza Venezia, Forum Romanum
visit
Authentic Trattoria Dinner
Day 4 Rome -- Florence
Travel to Florence
St. Francis of Assisi Basilica visit
Italian Pizza dinner
: ay, aus a&
TOUR FEE INCLUDES:
• Round -trip airfar
® 8 overnight stays (10 with extension)
in hotels with private bathrooms
• Full European breakfast daily
• Dinner daily
• Full -time services of a professional
Tour Director
• Guided sightseeing tours and city
walks as per Itinerary
• Visits to select attractions as per
itinerary
® Guided sightseeing tours with high -
tech headset as per itinerary
a Tour DIaryT"
• Note: On arrival day only dinner is
provided; on departure day, only
breakfast is provided
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Day 5 Florence Landmarks
Florence Guided Walking Sightseeing Tour with Whisper
headsets
Palazzo Vecchio, Piazza della Signoria, Chlesa di Santa
Croce, Ponte Vecchio, Duomo visit, Leather
workshop, Gates of Paradise, Giotto's Bell Tower, Dante's
house
Optional Pisa Guided Excursion $65
Baptistery visit, Leaning Tower
Dinner
Day 6 Florence--Venice
Travel to Venice via Verona
Verona Tour Director-led Sightseeing Tour
Romeo and Juliet balcony, Roman Arena
Day 7 Venice Landmarks
Venice Guided Walking Sightseeing Tour with Whisper
headsets
St. Mark's Square, Basilica, Doges' Palace visit, Glass-
blowing demo
Day 8 Venice—Munich
Travel to Munich via Innsbruck
Day 9 Munich Landmarks
Munich Guided Sightseeing Tour
Residenz, Nymphenburg Palace, Alte
Pinakothek, Deutsches Museum, BMW
headquarters, Olympic site of 1972, Frauenkirche, Neues
Rathaus, Marienplatz, HofbrAuhaus
Dachau visit
Bratwurst dinner
Day 10 Start Extension to Switzerland
Travel to Lucerne
Neuschwanstein Castle visit
Oberammergau Excursion
Day 11 Lucerne Landmarks
Lucerne Tour Director-Led Sightseeing Tour
Lowendenkmal, River Reuss, Kapelibrucke
Swiss folklore evening with dinner (pending availability)
Day 12 End Tour
Travel to Zurich
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