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Home My WebLink AboutAGREEMENT WITH THE GORDON HWY DEVELOPMENT COMMITTEE FOR LANDSCAPE MAINTENANCE ALONG GORDON HWY BETWEEN NORTH LEG AND SIBLEY RDRev: May 21, 2010 RIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION AND AUGUSTA / RICHMOND COUNTY COMMISSION Special Encroachment Permit #09- 2011 -013 -245 THIS AGREEMENT made and entered into this - 7 day of rebru a ri.1 , 20 17-- by and between the DEPARTMENT of' Transportation, an agency of the State of Georgia, hereinafter alternately referred to as "DEPARTMENT" or "LICENSOR ", and AUGUSTA/RICHMOND COUNTY COMMISSION hereinafter referred to as "LICENSEE ". WHEREAS, the DEPARTMENT desires to enter into a public/private partnership to perform certain services relating to mowing and maintenance within DEPARTMENT'S right away, hereinafter called the "PROJECT", and WHEREAS, the LICENSEE has represented to the DEPARTMENT that, if such permission is granted to the LICENSEE, LICENSEE shall bear all costs and liability associated with the PROJECT; and WHEREAS, the LICENSEE has represented to the DEPARTMENT that they are qualified and experienced to provide such services and the DEPARTMENT has relied upon such representations; NOW, THEREFORE, for and in consideration of the mutual promises and covenants as herein contained, it is agreed by and between the parties hereto that: ARTICLE I SCOPE OF PROJECT The DEPARTMENT shall permit the LICENSEE to perform or cause to be performed, the PROJECT consisting of certain services related to maintaining an identified section of the DEPARTMENT'S rights of way. This permission shall be granted by the means of this Agreement for the entire scope of the PROJECT, as set forth herein. The maintenance duties and responsibilities of the LICENSEE are defined and set forth in Article XI — MAINTENANCE WORK PLAN of this Agreement, and further enumerated and described in Exhibit 'A' — Application and Permit for Special Encroachment with approved drawings or final working drawings for a Department- approved construction PROJECT. Exhibit 'A' is attached hereto and incorporated by reference as if fully set out herein. The PROJECT location shall be defined or delineated as part of Exhibit `A'. The required Special Encroachment Permit and/or the construction PROJECT final working drawings are to be approved or issued by the DEPARTMENT. Should the LICENSEE desire that these maintenance services be performed by a third party, LICENSEE and the third party shall enter into subsequent agreement, whereby the LICENSEE shall assume all responsibility of repayment to the third party for those services to be rendered as set forth in Article XI - MAINTENANCE WORK PLAN. The Agreement between. LICENSEE and any third parties to this Agreement, shall meet all operational and administrative requirements, including the provisions of liability insurance, set forth by the DEPARTMENT, and all liability associated with the PROJECT shall be borne by LICENSEE and any third parties, as set forth in Article VIII, herein. ARTICLE II EXECUTION OF CONTRACT AND AUTHORIZATION TIME OF PERFORMANCE Time is of the essence in this agreement. The LICENSEE shall execute this Agreement and return it to the DEPARTMENT within thirty (30) days after receipt of contract forms from the DEPARTMENT. The LICENSEE shall begin work on the PROJECT under this Agreement immediately after receiving a signed and executed copy of the Agreement (unless noted otherwise in Exhibit A or upon PROJECT construction completion). Subject to the terms and conditions set forth in this Agreement, and upon execution of this Agreement, the DEPARTMENT grants the right to the LICENSEE to mow, edge, and maintain, as set forth in Article Xl- MAINTENANCE WORK PLAN, that specific section of right -of -way identified in this Agreement, and herein defined as the PROJECT. The duration of this Agreement shall be for fifty years from the date above first written unless terminated sooner by the DEPARTMENT or LICENSEE. ARTICLE III SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the services under this Agreement, any party materially alters the scope, character or complexity of the services from those required under the Agreement, a Supplemental Agreement shall be executed between the parties. It is understood, however, that LICENSEE shall not engage in any activities or conduct any work which would be considered to be outside the scope of the permission granted to LICENSEE by the DEPARTMENT, Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the work may be made by written notification of such change by any party with written approval by the other parties. (d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. (e) Insurance shall be maintained in full force and effect during the life of the PROJECT, The LICENSEE shall furnish upon request to the DEPARTMENT, certificates of insurance evidencing such coverage. These certificates shall also provide that the insurance will not be modified or canceled without a 30 day prior written notice to the DEPARTMENT. Failure by the LICENSEE to procure and maintain the insurance as set forth above shall be considered a default and cause for termination of this Agreement and forfeiture of the Performance and Payment Bonds. The LICENSEE shalt, at least fifteen (15) days prior to the expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies, or other acceptable evidence of insurance with the DEPARTMENT. ARTICLE VII COMPENSATION It is agreed that LICENSEE shall conduct all work at no cost to the DEPARTMENT, and without compensation from the DEPARTMENT. It is further agreed that any and all issues relating to compensation and payment shall be resolved by and between LICENSEE and any successors, subcontractors, or assigns thereto. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT be required to conduct any inspections and/or supervision of the PROJECT beyond that which would normally occur in the ordinary course of the DEPARTMENT'S maintenance activities, LICENSEE shall reimburse the DEPARTMENT for such inspection and supervision. The rate of reimbursement for the DEPARTMENT'S inspection and supervision shall in no case exceed a rate determined to be reasonable by the parties. Should LICENSEE and the DEPARTMENT desire to change this agreement at a later date to provide for compensation to LICENSEE, or any successors or assigns thereto, such change shall only be permitted by a supplemental agreement as set forth in Article III herein. Any supplemental agreements involving compensation shall be subject to the DEPARTMENT review and approval. i ARTICLE IV ASSIGNMENT It is understood by the LICENSEE that the work is considered personal and, except as provided for in Article I, LICENSEE agrees not to assign, sublet or transfer any or all of their interest in this Agreement without prior written approval of the DEPARTMENT. ARTICLE V CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia, without reference to its choice of law doctrine, and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. Any litigation arising out of this contract shall be commenced within the State of Georgia. The foregoing provisions shall not be construed as waiving any immunity to suit or liability, including without limitation, sovereign immunity which may be available to the Department. ARTICLE VI INSURANCE Prier to beginning work, the LICENSEE shall obtain and certify to the DEPARTMENT that it has the following minimum amounts of insurance coverage: (a) Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. (b) Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence, or proof of self insurance. (c) Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000), or proof of self insurance. (d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. (e) Insurance shall be maintained in full force and effect during the life of the PROJECT. The LICENSEE shall furnish upon request to the DEPARTMENT, certificates of insurance evidencing such coverage. These certificates shall also provide that the insurance will not be modified or canceled without a 30 day prior written notice to the DEPARTMENT. Failure by the LICENSEE to procure and maintain the insurance as set forth above shall be considered a default and cause for termination of this Agreement and forfeiture of the Performance and Payment Bonds. The LICENSEE shall, at least fifteen (15) days prior to the expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies, or other acceptable evidence of insurance with the DEPARTMENT. ARTICLE VII COMPENSATION It is agreed that LICENSEE shall conduct all work at no cost to the DEPARTMENT, and without compensation from the DEPARTMENT. It is further agreed that any and all issues relating to compensation and payment shall be resolved by and between LICENSEE and any successors, subcontractors, or assigns thereto, The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT be required to conduct any inspections and/or supervision of the PROJECT beyond that which would normally occur in the ordinary course of the DEPARTMENT'S maintenance activities, LICENSEE shall reimburse the DEPARTMENT for such inspection and supervision. The rate of reimbursement for the DEPARTMENT'S inspection and supervision shall in no case exceed a rate determined to be reasonable by the parties. Should LICENSEE and the DEPARTMENT desire to change this agreement at a later date to provide for compensation to LICENSEE, or any successors or assigns thereto, such change shall only be permitted by a supplemental agreement as set forth in Article III herein. Any supplemental agreements involving compensation shall be subject to the DEPARTMENT review and approval. ARTICLE VIII RESPONSIBILITY FOR CLAIMS AND LIABILITY LICENSEE NOT AGENT OF DEPARTMENT LICENSEE, and all successors and assigns thereto, shall save harmless the DEPARTMENT, its officers, agents, and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the performance of work assigned to LICENSEE under this Agreement. LICENSEE further agrees that they shall be fully responsible for injury or damage to landscaping, landscape related items, and any other non - standard and decorative elements installed by or for the LICENSEE within the right of way, and for any damage to the DEPARTMENT'S signs, structures, or roadway fixtures, if LICENSEE causes the damage. These indemnities shall not be limited by reason of the listing of any insurance coverage. It is further understood and agreed that LICENSEE, or any successor or assigns thereto, in the conduct of any work involved in the PROJECT, shall not be considered the agent of the DEPARTMENT or of the State of Georgia. ARTICLE IX TERMINATION OF CONTRACT The DEPARTMENT may terminate this contract for just cause at any time by giving of thirty (30) days written notice of such termination. Upon receipt of such notice of termination, LICENSEE shall discontinue and cause all work under this contract to terminate upon the date specified in the said notice. In the event of such termination, the DEPARTMENT shall be paid for any amounts as may be due it as specified in Article VII up to and including the specified date of termination. LICENSEE shall have the right to terminate this contract at any time, provided that such termination is first approved by the DEPARTMENT, and that the DEPARTMENT is reimbursed in full for all services rendered pursuant to Article VII. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT allow the LICENSEE to terminate the agreement, the termination, unless determined otherwise in writing by the DEPARTMENT, shall be contingent upon the following: A. The LICENSEE, at the discretion of the DEPARTMENT, removing the planted landscaping, landscape related items, and any other non - standard and decorative elements that were installed by or for the LICENSEE at no cost to the DEPARTMENT, B. The LICENSEE restoring the removed landscape areas to their original condition or a condition that meets federal standards and is acceptable to the DEPARTMENT. C. The LICENSEE restoring the removed non - standard and decorative elements with standard DEPARTMENT elements that meet federal and state requirements. D. The LICENSEE reimbursing the DEPARTMENT in full any state and/or federal funds used to purchase and install the landscaping, landscape related items, and other non- standard and decorative elements that are no longer to be maintained by the LICENSEE. The DEPARTMENT and the LICENSEE agree that should the LICENSEE fail to perform the maintenance, as set forth in Article XI - MAINTENANCE WORK PLAN, the DEPARTMENT may require the LICENSEE to remove, restore, and reimburse according to items "A ", "B ", "C ", and "D" above, as applicable, and then terminate the agreement. ARTICLE X COMPLIANCE WITH APPLICABLE LAW The undersigned certify that: A. This Agreement is subject to applicable state and federal Iaws, standards, and rules and regulations. B. The provisions of Sections 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. C. The provisions of Section 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. ARTICLE XI EXHIBIT A MAINTENANCE WORK PLAN/LANDSCAPE MAINTENANCE AGREEMENT For all maintenance activities, at a minimum, abide by the Federal Manual of Uniform Traffic Control Devices (MUTCD) standards, current edition, for temporary traffic control. Move equipment or materials on or across a traveled way in a manner as not to unduly interfere with traffic, Watering • Provide adequate water to maintain healthy plant material • Water in a manner that it does not endanger pedestrian or vehicular traffic • Water according to the state or local government restrictions Seasonal Color (Annuals and Herbaceous Perennials and Roses) • Install and maintain plant material at a height that does not interfere with clear sight lines for both pedestrians and vehicular traffic according to the Department's sight distance criteria • Maintain bare areas in seasonal beds with a minimum 3 inch cover of mulch • Cut back perennials each year after they are spent to keep the beds free of vegetative debris • Maintain any rose shrubs at a height that will not obstruct existing directional signs or driver sight lines. Ornamental Grasses . • Trim away dead foliage. from ornamental grass clumps in. February. Pruning • Remove dead or diseased planted vegetation. • Prune trees, shrubs and ground covers to maintain the health of the plants and to maintain in the intended design character of the plant (no stump pruning or lollipop/ball shapes) • Prune trees, shrubs, and ground covers as needed to remove damage by storm or accident events and to prevent safety hazards. Prune to maintain open sight distances, clear zone areas and traffic sign visibility. Provide clearance for pedestrian and vehicular traffic mobility. • Prune according to American National Standards Institute, latest edition, A.300 Part 1 pruning standards Plant Replacement • Replacement of dead or diseased vegetation of planted material within the project limits is the responsibility of the LICENSEE • Replacement plant material smut be according to the Department's landscaping policy 5755 -9 and Special Provision Section 702. Weeding • Maintain right of way free of weeds, exotic and invasive pest plants, undesired vegetation and other noxious weeds • All Pesticide/Herbicide use shall be under the direct supervision of someone with the appropriate Commercial Category 27 (right of way use) license. • When pesticides/herbicides are being applied the person applying shall have in their possession all labeling associated with the pesticide/herbicide and their license/certification. • Post warning signs for pesticide/herbicide use as required by slate code. Mowing and trimming of grass • Maintain a neat appearance and clear sight lines for pedestrian and vehicular traffic. Mulching • Replace mulch in plant beds as needed to maintain an attractive, fresh look at a 2 -3" depth • Maintain mulch so that it will not spread or wash on to pedestrian paths or traveled lanes Litter NOTE: • Completely remove all litter and debris and other objectionable material on site. • Do not deposit or blow liner, debris and vegetation into gutters or drainage structures. • Make disposal in accordance with local and state laws. • Remove all graffiti within project limits All major maintenance repair activities and activities that may interfere with traffic or pedestrian flow within the right of way project limits, such as travel lane/walkway closures, require the LICENSEE notify the Department at least 48 hours prior to the activity to coordinate and gain Department approval. 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 hand and affixed their seals the day and year above first written. GEORGIA DEPARTMENT OF TRANSPORTATION Commissioner or designee ATTEST: LICENSEE: (Title) ,, Sworn to before I day of NOTARY PUBLIC Notary �P Richmond County, Georgia My commission expires M y C ommission Expires Nov. 17, 2015 - - , Aktisay.,, REV , 06/2000 Dutton (MER APPROVAL) Mite --Applievit "Yellow — °enrol Office Blue —Disnict Engineer Green —Field inspector Permit requ TO: GEORGIA DEPARTMENT OF TRANSPORTATION, ATLANTA, GEORGIA 30334-1002 . • • • Application.is hereby made by ' AugustafRiCh'mand County COmmission "Nun! ofApplicant ' - etude) 'oPEcsne . . . . 525 TelfairStreat,. Auguste,- Giorgla '3 9 • Past ORiee Address - Etpde TE HiGif Fru y. , for permission to accomplish'work on the Right-of-Way of US 007800 . . . Augusta within the Cy Limits of , . a nd in " D PLANS and subject to the Rules and Regulatio f cl‘E' Inn& t Con '- in accordance with the ATTACHE ns or .nveway . ncroac ID the General Office of the Georgia Department of Transportation, and made a„Part hereof by reference therto, and any ,SPECIAL REQUIREMENTS set forth herein. The deseription of the proposed work is to . • landscape the existing grass median from North Len Road to Sibley Road. ,w6in:Narti** The proposed work site is located on the property on the l'AREaDE.w. IAN beginning 50 p • • . , • 01, , along said Highway, and at mile p ost 111 ' ' Feet further E E of the eenteT l of 40 Hem"' sm"`"R97 rnniag::1sed N. S. B. W. FORM TO BE COMPLETED BELOW THIS LINE BY GEORGIA:DEPARTME Non-Limited Access - Approval by District Office ,Umiteci Access , .rA pproval opera! Office ••• , . • SPECIAL REQUIREMENTS: .(by DOT only) =';•., • ••• • `•*. - Base and paving to be equal to or better than that which now exists on the State Route SysteM„ Final design to be verified and approved by the responsible DOT Engineer. Permit is approved in accordance with the revisions in red as shown on the plans. Permit must comply with the GPOT Standards and Specifications Construction of Transportation Systems 2001 Edition and the current approved edition of the',MLITCD. ; .• ,'" PERMIT GRANTED to perform the above described work in accordance withRECIgREMEVS of the GeOltitiDepartnient of Transportation; this 17th day of February 20 , 12 ' This permit is to be strictly construed and no work other than that specifically described above is hereby authorized. The work authorized herein must begin within three months from the date of approval and must become completed on a schedule satisfactory to the department and not to exceed twelve months rom the date the permit is approved. I f Ne reeditcalloit or changes may ba mode fells tut drills vomit Wass agreed upeei rep bytes Diperiest Aetw of the him for Ws Remit Is on Wrath the Opaline* OffIce of panic Operations, General Offee. and tomes WINN disA bid. la onkel In thy Neel eropisputi teeming Ihe spode prodders or its prod er inymedicafons la elm 40 27 STA .$ N . OR ATLANik,. GioR0 • 30334-1602 • --- #273 63%; APPLICATION AND PERMIT FOR SPE ENutt OACHIVIENT; t • 15th BY s 'g n1 4 1 1 )1 .C?" F°1 • Title. IPAgen Olite.iel RtApplicant DEPARTMENT OF 'I'RAisiSPCIITATIO1■1 STATE OF GEORGIA 4 B y James H. Smith, District trigineer Tide , ,