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HomeMy WebLinkAboutRIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT BETWEEN GDOT AND AUGUSTA /RICHMOND COUNCY PERMIT 11-2011-014-245 SRARev: 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 #11- 2011 - 014 -245 S g 4 THIS AGREEMENT made and entered into this 3/ day of �f u,ttf , 20 oZO 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 of way, 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 XI- 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 peiiaission 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. 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 Prior 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 laws, 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. Irrigation systems • Winterize entire system each year — draining lines and adjust control settings to avoid freeze damage • Maintain and monitor spray heads so they do not overspray onto paved areas or in pedestrian circulation paths • Replace broken sprinkler heads or piping immediately • Test system for operation efficiency a minimum of once a quarter — Check the controller settings and manually test each zone • Adjust automatic controller settings for least amount of evapotranspiration • Maintain a working shut -off valve at the meter connection and monitor system for leaks to avoid safety issues Watering 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 • 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 • 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, A300 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 must be according to the Department's landscaping policy 6755 -9 and Special Provision Section 702. Weeding Litter NOTE: • 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 state 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 • Completely remove all litter and debris and other objectionable material on site. • Do not deposit or blow litter, 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 Angel vVhitworth Treasurer LICENSEE: r (Title) Swo to before me this day of NOTARY PUB IC 2 0 // Notary Public, Richmond County, Georgia My commission expires My Commission Expires Dec. 2, 2011 DOT 74,0 REV. 04/1982 REVc'06 /2000 Distribution (AFTER APPROVAL) White — Applicant Yellow — General Office Blue — District Engineer Green — Field Inspector Application is hereby made by S of the center line, of Per requested this November day of Witnes ' Ink onAll oC ptES • ld. DEPARTMENT OF TRANSPORTA -TION STATE OF GEORGIA ATLANTA, GEURUTA 30334 -1002 APPLICATION AND PERMIT FOR SPECIAL ENCROACHMENT Tracking # 249467 TO GEORGIA DEPARTMENT OF TRANSPORTATION, ATLANTA, GEORGIA 30334 - 1002 Augusta /Richmond County Commission Name of Applicant 525 Telfair Street Augusta, Georgia Post Office Address for permission to accomplish work on the Right -of -Way of STATE HIGHWAY NO. U.S. 000100 within the City Limits of Augusta and in Richmond County, in accordance with the ATTACHED PLANS and subject to the Rules and Regulations for Driveway and Encroachment Control on file in the General Office of the Georgia Department of Transportation, and made a part hereof by reference thereto, and any SPECIAL REQUIREMENTS set forth herein. The description of the proposed work is to: landscape improvements at the intersection of S.R.41U.S.11Deans Bridge Road and S.R.10 /U.S.781Gordon Highway for a Gateway Grant. The proposed work site is located on the property on the W side of the highway beginning 500 Feet, N. S. E. W. From Nearest Street S.R.10 /U.S.78 /Gordon Highway and Fronting 500 N. S. E. W. Nearest Street or Road Total Frontage Used Feet further N along said Highway; and at mile post 20.61 N. S. E. W. 1st , 20 11 /0 /J/ . � �► 1�l� By David S. CnpenhavPr nn ss m In on r i Cop - Type or Print Name CO C Z 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 front the date the permit is approved. no m odaeations or charges may made to the text of Mrs penult, unless agreed upon in yang by the DepanmenL A copy of the form fortis permit is on file with the 0nparbnerfs Oka of Traffic Operations, General Office, and the language Herein shall be deemed le contra in the even! of anydspule concerning the specific provisions of this permit or any modfications to same. By District No. 2 State Highway No. Milepost No. County Permit No. (FOR DOT USE ONLY) 000400 20.61 Richmond 11- 2011- 014 -245 City and State Zip Code 000400 Title .k (at,,,,. Sign in ] nk on All Copies James H. Smith, District Engineer Title If Agent or Official for Applicant DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (706) 821-1796 (Area Code) Phone No. 30901 FORM TO BE COMPLETED BELOW THIS LINE BY GEORGIA DEPARTMENT OF TRANSPORTATION ® Non - Limited Access — Approval by District Office ❑ Limited Access — Approval by General 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 GDOT Standards and Specifications Construction of Transportation Systems 2001 Edition and the current approved edition of the MUTCD. PERMIT GRANTED to perform the above - described work in accordance with REQUIREMENTS of the Georgia Department of Transportation; this 9th day of December , 20 11 DOT 7418 Rev. 07/01/1989 Rev. 12/05/1991 Rev 06/01/2000 Indemnity Agreement entered into this Augusta /Richmond County Commission (hereinafter called the APPLICANT) and the GEORGIA DEPARTMENT OF TRANSPORTATION, as agency of the State of Georgia with offices at No. 2 Capitol Square, Atlanta, Georgia 30334 -1002 (hereinafter called the DOT); WITNESSETH: For and in consideration of the DOT's grant of permission for of Richmond County, Georgia. INDEMNITY AGREEMENT o' 7 day of , 20 /02 , by and between (DAY) (MONT (YEAR) irrigation and landscaping within State Route Right of Way 11- 2011 - 014 -245 on the right-of-way of (hereinafter called the ENCROACHMENT). as indicated on Permit # State Route 000400 , in Land Lot of the Land District The APPLICANT shall and does agree to indemnify and save harmless the DOT and DOT's agents, officers, servants and employees from any and all lawsuits, actions or claims of any character brought because of any injuries or damage received or sustained by any person, persons or property arising out of the construction, operation and/or maintenance of the ENCROACHMENT located as described herein. The APPLICANT shall and hereby agrees to maintain the ENCROACHMENT in good repair at the APPLICANT's sole expense and shall and does hereby release DOT from any claims arising out of the APPLICANT's failure to so maintain the ENCROACHMENT. The APPLICANT shall and hereby agrees to make all repairs at its own expense for any damage caused by DOT employees or agents to the ENCROACHMENT which is located on DOT right -of -way in accordance with the permit numbered above and issued with this agreement. The DOT reserves the right to enter the area described in the ENCROACHMENT to ensure the area is being maintained in accordance with DOT safety and maintenance standards. DOT shall notify the APPLICANT of any repairs which need to be made and the APPLICANT shall correct the problem as soon as such notification is given. If the APPLICANT has not made said repairs within a reasonable period of time, the DOT may enter the property to effect such repairs. The APPLICANT shall reimburse the DOT for any cost incurred as a result of DOT's performing such repairs. The DOT reserves the right to terminate this Indemnity Agreement at any time upon thirty (30) days written notice to the APPLICANT. Upon receipt of such notice as specified by DOT, the APPLICANT at its own expense shall be responsible for removing the ENCROACHMENT and returning the area to its original condition or a substituted condition acceptable to DOT. The term of the Indemnity Agreement shall be for a period of fifty (50) years, commencing upon execution hereof by DOT, subject to any rights of termination as are hereinabove set forth. 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, the parties hereto have executed this Agreement, individually or through their authorized officers, agents or attorneys -in- fact as the same case may be, causing their respective seals to be affixed hereto the day and year first above written. By: ATTEST: Unofficia Witness Date DEPARTMENT OF TRANSPORTATION Trda §urer (STATE SEAL) Book No. County (Commissioner) 7 - C RECORDED Page Page No modifications or changes may be made to the text of this indemnity agreement, unless agreed upon in writing by the Department. A copy of the fomn for this indemnity agreement is on file with the Department's Office of Traffic Operations, General Office. and the language therein shall be deemed to control in the event of any dispute concerning the specific provisions of this indemnity agreement or any modifications to sane. Permit # 11. 2011 - 014 -245 APPLICANT Corporate Seal required for Corporations [Plus two (2) Signatures] Signature of Property Owner (or Corporate Officer) Corporate Office (or Another Property Owner) L" F- / Ls C p Z f�i` 1^I J Typed Name of Owner (40--Typed- 4ames-1I.itles :CV 1 7 Signature of APPLICANT Typed Name of APPLICANT (and Title if Applicable) / of -ry Public / otary Public, Ricer County, Georgia Commission Expiration. my commission Expires Dec. 2, 2011 (NOTARIAL SEAL)