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HomeMy WebLinkAboutRIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT BETWEEN GA DEPT OF TRANSPORATION AND AUGUSTA GA, IDEMNITY AGREEMENT, APPLIATION AND PERMIT FOR SPECIAL ENCROACHMENT .� > 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 � _�.. _ _ ,�.,, ` j" �` 1 ' . J �> op9 00 � q ' Commissioner or designee -,��r,� ' � �s ��'� �; � , r � { , � �,� N::�Y ti.in / � .. L Kf / 7 ATTEST: � ` �' � `,'> �,,� ;'" � �,-' � ,; ° y t,� u ;,, ; _=`=- �' � + , 3 � � V � � �`�'� t � ... Angela � iitworth Treasurer LICENSEE: � �� � � �( (Title) 1'� d�t�Gt S°��) ��'�Y� � �i , �? Gd�'!?/� ��/�/�� Sworn to before m this � y �day of ` , 20�. � 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 _' �S.•° Y ^?'`.. 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 � . �