HomeMy WebLinkAboutRIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT BETWEEN GA DEPT OF TRANSPORATION AND AUGUSTA GA, IDEMNITY AGREEMENT, APPLIATION AND PERMIT FOR SPECIAL ENCROACHMENT .�
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Rev: May 21, 2010
RIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT
By and Between
THE
GEORGIA DEPARTMENT OF TRANSPORTATION
A1VD
Au�usta —Geor�ia ,!_ _
sR� �S' i`��CHM,o�'� co i
l�'ER.tYt �T � �4 - �o i � - b � 2 - �� ��
THIS AGREEMENT made and entered into this ,�.(i day of �GfiZ�it�..- , 20 j a--
by and between the DEPARTMENT of Transportation, an agency of the State of Georgia,
hereinafter alternately referred to as "DEPARTMENT" or "LICENSOR", and the
APPLICANT 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 DEPARTM�NT 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 mutua] promises and covenants as
herein contained, it is agreed by and between the parties hereta 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 rnaintenance duties and responsibilities of the LICENSEE are defined and set forth
in Article XI — MAINTENANCE WtORK 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 far a Department-approved construction PR(?JECT.
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, LICEle1SEE 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
artd any third parti�es, as set forth in Artiele 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 �he DEPARTMENT within thirt.y (30) days after receipt of contract forms from
the DEPAR�'MENT.
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 LICEl�lSEE 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 1LICENSEE shalt not engage in any activities ar conduct any work which would
be considered to be outside the scope of the permission granted to LICENSEE by the
DEPARTIl�IENT. Minor changes in the work which do not invalve increased campensation,
extensions of time or changes in the �aals 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 Agreernent 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. Tl1e 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 Liabilitv 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
anlount of not less than three hundred thousai�cl dollars ($300,Q00) on an account of any ane
occurrence, or proaf af self insurance.
(c) Property Damage Insurance in an amount of not less than fifty thousand dollars
($SO,OQO) from damages on account of any occurrence, with an aggregate limit of one hundred
thousand dollars ($100,Q00), 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 durin� the life of the
PRfJJECT.
The LICENSEE shall furnish upon request to the DEPARTMENT; certificates af
insurance evidencing such coverage. These certificates shall aiso pravide that the insurance will
not be modified or canceled without a 30 day prior written notice to the DEPARTMENT.
Failure by the LICEPdSEE to procure and maintain the insurance as set farth above shall be
considered a default and cause for termination of this Agreement and forfeiture of the
Performance and Payment Bonds. The LIC�NSEE 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 fiirther 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 norrnally 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 far compensation to LICENSEE, ar 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 DEPARTM�NT
review and approval.
ARTICLE VIII
RESPONSIBILITY FOR CLAIMS A1�iD LIABILITY
LICENSEE NOT AGENT OF DEPARTMENT
LICENSEE, and all successors and assigns thereto, shall save harmless the
DEPARTMENT, its officers, agents, and employees from alI 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 fox injury or
damage to landscaping, landscape related items, and any other non-standard and decarative
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
far 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 tirne,
provided that such termination is first approved by the DEPARTMENT, and that the
DEPARTMENT is reirnhursed in full for all services rendered purstiant 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.
G The LICENSEE restoring the removed non-standard and decorative etements with
standard DEPARTMENT elements that meet federal and state requirements.
D. The LICENSEE reimbursing the DEPARTMENT in fiill 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 reimbtirse 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 ta 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 heen complied with in full.
C. The provisians of Section 50-24-I through 50-24-6 of the Official Code of
Georgia Annotated, relating to the "Drug-Free Warkplace Act" have been compiied with in full.
ARTICLE XI
MAINTENANCE WORK PLAN
The LICENSEE will be fulty responsible for performing and funding all activities
associated with the construction and maintenance of the chain link fence associated with
DEPARTMENT pennit number 09-2011-012-245, hereinafter referred to as the "FENCE".
The LICENSEE will also be responsible far the re-installation of the FENCE in the aftermath
of any DEPARTMENT project that may take place in the project area, resulting in the
dernolition the FENCE.
For all maintenance activities, at a minimum, abide by the Federal Manual of Uniform Traffic
Conh•ol 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. Approved work includes litter pick-up, mowing grass, fertilizing, �vatering, weeding, and
other general routine care for any landscape approved within the area covered by this agreement.
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 WHEREO:F, said parties have hereunto set their hand and affixed their seals the
day and year above first written.
GEORGI DEPA MENT OF TR.ANSPORTATION
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Commissioner or designee -,��r,�
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Angela � iitworth
Treasurer
LICENSEE:
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� �( (Title) 1'� d�t�Gt S°��) ��'�Y� � �i , �? Gd�'!?/�
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Sworn to before m this
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y �day of ` , 20�.
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NOTARY P �IC
N°t�ry Pub� Richmond Co�y, t3eo�+pia
1VI}� com�nissian expires ����n,�P�+�8�1ov.17,2015
�� Revised RECO�ED
_ Book No. Page
Date County Page
INDEMNITY AGREEMENT
[ndemnity Agreement entered into th�s o� �P day of �n U/7�-�— , 20� , by and between AUGUSTA, GEORGIA
(hereinafter call the "APPLICANT") and the GEORGIA DEPARTMENT OF TRANSPORTATION, as agency of the State of Georgia with offices at One Georgia
Center, 600 Peachtree Street NW, Atlanta, Georgia 30308 (hereinafter called the "DOT");
WITNESSETH:
For and in consideration of the DOT's grant of permission for the InSt8118tI0n of approx. 500 ft of enclosed, chain-link fencinq (hereinafter called the
"ENCROACHMENT"), as indicated on Permit # 09-2011-012-245 on the right of way of State Route 28, in Land I.ot _ of the Land District in
Richmond Countv, Georgia.
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 andior 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 dces hereby release
DOT from any claims arising out of the APPLICANT's failure to so maintain the ENCROACHMENT.
'I`he 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.
T'he DOT reserves the right to enter the area described in the ENCROACHMENT to insure 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 conect 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 ro affect 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
an acceptable substituted condition.
The term of the Indemnity Agreement shall be for a period of fifty (50) years, commencing upon execution hereof by DOT, suUject to any rights of termination as are
hereinabove set forth.
The covenants herein contained shall except as other�ise pro�ided accrue to the benefit of and be binding upon the successors and assig�s of the parties hereto.
IN WITNESS WHEREOF, the parties heretd ha�e e�ce�u4ed-tJi�a,Age�ment, individually or through their authorized officers, agents or attomeys-in-fact as the case
inay be, causing their respecdve seals to be a�fi�cedhereta.the day an,d yeaiafirst above written.
DEPART' T O T S TAT'I471`�t = i i` -- ;,, °� APPLICANT
, -
By. __ ���$fi�I.j ;� �� Corporate Seal Required for Corporations
Commissioner .� [Plus two (2) Signatures]
AT' E 'C: t r .� ~
1 , < r � _�� ..;.
�� Signature of Property Owner (or Corporate Officer)
Treasure ( TATE SEA )
r
Corporate Officer (or Another Property Owner)
�
Unofficial Wimess �
Typed Name of Owner (or Typed Names & Titles of
Corporate Offi,C�rs who signed above)
f � � � �� ����
Signature of APPLICANT
��
L?I��� �:
� � k�.�` oC n�{�a�y �r
Typed Name o�APPLIC NT (and Title if Ap licable)
B ` C �� , Rk�xr�oAd C.Oltl�y�
eta�;- Yubli� � � ��.'7��
Com�nission Expiration: �
(NO'iARIAL SEAL)
/
�
: D°T.'4`° DEPARTMENT OF TRA;lYSPORTATION
`�v o6no o. S'TATE O.F GEDRGIA
' ATLANTA, GEORGIA
` � 3`0334-1002 <�on �oT UsE oNLr�
� Distnbution : "� � � � ��� � �
° (AF['ERnrPROVni) , �oP cF DiStYtctNO. 2 _'
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wn�« nppU��� � ,: � ,- � � .' �" �. . �. ,��� State_Highway�No. 002800 �
` Ye(tow-" - hi' 'j" � ]l�il2 OSlNO.���. �5:�{Z
�.,_,��: ,81ue—Dis[rictEngineer . ; � ' � ' � : . =Y �- `. P
= Green.—FietdInspector COUtily RlChf1i011d
; ;,. . ' , '; . .r. ' � � �� I77 �� � � �� �.
` PermitNa 09-2011-012_245 -
'' APPLICATION AND PERMIT FOR SPECTAL`-ENCROACHIVIENT: Traclting # 295326
� TO: GEORGIA DEPARTMENT OF TRANSPORTATION, ATLANTA, GEORGIA 303341002
r; A licahomis liereb � rriac�e b. CityofAugusta-Richmond County (706) 829��796
P�: � Y, _ .Y �� : � � � � �
;, � � � �,� � �-Name ofApplican[ - -:� (Area Code) Phone-No. .
,.
t �� , • ,�3'Tetfair`Sfreet' ° Augusta, Georgia ,30901
� ,
i '; r ;!: . ' ,' : _ �Post OfT'�iceAddress -` . Cityand State .-tZip Code � �� .
for pemus'szo`n to accomplish work on the "Right-of Way of STATE FIIGHWAYNO., Z$
° Augusta Richmond
, US ; within tlie City Lamzts of andin ' County, :
; m accordauce`with tlie ATTACHED, PLANS and subject to the Rules and Regulations fox Driveway and Encroaehinent Control on file
� m the ;Gerieral Office of.the. Geargia Department,of Transportation,.and made a parthereof by reference thereto, and any;SPECIAL
` s', REQUIREIVIENTS`set,f'orth herein. ' The description of the proposed work is to:
_;
,
' Install;an enclosed chainlink.fence (- 200'x60'x20'x200') underJohn C Calhoun Expresswav between-Beech Street and the railroad-track
Tlie proposed.work site �is;located'on the property on the `. UNDER side of the highway beginning `, 100 Feet,
,, _ � � �
, ^;. , , . ,. _ . :' . ; _ ' ° �� . N_S�. E. W: . ::Frorii Nearest Street ..
`,; E,�: ., of the cenfer-line, of ; - Beech Street ' and Fronting 250
;, N S E. W . � � �� � " "` ' � � � � . .�� � �� , .<:NearestStre�torRoad : �' .. : Total.FmntageUsed � �
. .� ..� . .. . . . .
; Feet fizrther -;'' E:` ;' aloiig said Higliway; and at mile:post 5.42
" , �� N. S. B. W. � � , ' ` � . ,
:' Perrnit requested-this' 6th day of September , 20 ��
' = r BY �� C'�;; C� �� ,�� , �`�f�"i�: �
.'Wit ss in n�,AI Copies ���� . . � � .. ,�9 :.Type.orPrin[Name. . � � . . ..
�' � �{���
Witness in Ink on-All Copies '�.. . . � � � � . . � � . . � Sign in I�6 All Copiu � . .
Title ���,.�-$-�`!�,"de�� di"` -��° :�%'f;"��
, � .. . . . .. � . . .3fAgentor0fficiel�:forApplicant
�, ; FORIVI TO ,$E COIVIPLETED BELOW THIS L'INE BY GEQRGIA DEPARTMENT OF TRANSPORTATION :
�; Non-Limited Access = Approval: by Disfrict O�ce Limited Access - Approval by General O�ce '
: SPECIAL�.REQVIRElVIENTS: (by D'OT orily)
}° Base "and pa�'ing to be �equai to or,better than that wtiich now exists on the State Route'System. :Final design to be verified and approved by the responsible
bOT'Engineer: Permif is approvetl in acco�tlance with the revisions`in red as showrr:on the plans. Permit must comply with the:GDOT Standards and'
''` Specifications Gonstrucfon of Transportation Systeros 2007 Edition:antl the current approved edition of the MUTCD.
PERMI� `GRANTED'to, perform tlie above-described work in accordance with REQUIREIvIENTS of the Georgia;Deparhnent
' of,Transportation; tliis, 4 th d`ay of Janua�y : , 2� 12
':,
' Thzs "permzt �s to Ge striclly construer! an�f no wark other �han rhat specifically DEPARTMENT OF TRANSPORTATION `
! clescribed above is. hereUy �rutlsoriiecl.' The ,work authorized herein must begin . STATE OF GEORGIA
' w:tliin' three risorilhs from the ilate of npproval and must veeome completed on
a sckedu[e satisfactoryYo tRe department and not to exceed twelve months ��
�. `, from, lhe' rlate'the.permit is�approveil.' � By � � � � �
NomodficalionsaehengecmayhemadeYOMeleztdihisPemiil�unlesae8raeduponinwriN�bytheDepaAmenL Acopyof.��. . . � . � � .. ��.�� � � � .. � . � .. . . ' .
�•IheloimlorlhispeimitlsanlllewiNlheDepaAina�Pe0lflce'MTraNeOperaHons, ' .7ames.H. �Smith, DistrictEn�,ineer � � �
�' be deertretllo conWl iri Ilm m�eiil of anY!�spule conceMnp Ne speclllepmvisWns af Uispevntt orarty modfica0ons lo seme. .: � � Title � . �