HomeMy WebLinkAboutPROJECT FRAMEWORK AGREEMENT WITH GA DEPT OF TRANSPORTATIONFOR RIVERWATCH PARKWAY AT 1-20 CORRIDOR IMP PROJECT s
Project # 0011699 Richmond County
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AGREEMENT
BETWEEN
DEPARTMENT OF TRANSPORTATIO
STATE OF GEORGIA
AND
AUGUSTA - RICHMOND COUNTY
FOR
TRANSPORTATION FACILITY IMPROVEMENTS
This Framework Agreement is made and entered into this \ day of
, 20 \'`, by and between the DEPARTMENT OF TRANSPORTATION,
an agency of the State of Georgia, hereinafter called the "DEPARTMENT ", and
AUGUSTA - RICHMOND COUNTY, acting by and through its Board of Commissioners,
hereinafter called the "LOCAL GOVERNMENT ".
WHEREAS, the LOCAL GOVERNMENT has represented to the DEPARTMENT a
desire to improve the transportation facility described in Attachment "A ", attached and
incorporated herein by reference and hereinafter referred to as the "PROJECT "; and
WHEREAS, the LOCAL GOVERNMENT has represented to the DEPARTMENT
a desire to participate in certain activities, as applicable, including the funding of certain
portions of the PROJECT and the DEPARTMENT has relied upon such
representations; and
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WHEREAS, the DEPARTMENT has expressed a willingness to participate in
certain activities of the PROJECT as set forth in this Agreement; and
WHEREAS, the DEPARTMENT has provided an estimated cost to the LOCAL
GOVERNMENT for its participation in certain activities of the PROJECT; and
WHEREAS, the Constitution authorizes intergovernmental agreements whereby
state and local entities may contract with one another "for joint services, for the
provision of services, or for the joint or separate use of facilities or equipment; but such
contracts must deal with activities, services or facilities which the parties are authorized
by law to undertake or provide." Ga. Constitution Article IX, §III, ¶I(a).
NOW THEREFORE, in consideration of the mutual promises made and of the
benefits to flow from one to the other, the DEPARTMENT and the LOCAL
GOVERNMENT hereby agree each with the other as follows:
1. The LOCAL GOVERNMENT has applied for and received "Qualification
Certification" to administer federal -aid projects. The GDOT Local Administered Project
(LAP) Certification Committee has reviewed, confirmed and approved the certification
for the LOCAL GOVERNMENT to develop federal project(s) within the scope of its
certification using the DEPARTMENT'S Local Administered Project Manual procedures.
The LOCAL GOVERNMENT shall contribute to the PROJECT by funding all or certain
portions of the PROJECT costs for the preconstruction engineering (design) activities,
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Project # 0011699 Richmond County
hereinafter referred to as "PE ", all reimbursable utility relocations, allfnon- reimbursable
utilities owned by the LOCAL GOVERNMENT, railroad costs, right of way acquisitions
and construction, as specified in Attachment "A ", affixed hereto and incorporated herein
by reference. In addition, the September 17, 2010 Planning Office memorandum titled
"Preliminary Engineering Oversight for Project Managers /Project Delivery Staff",
outlines the five (5) conditions when the LOCAL GOVERNMENT will be requested to
fund the PE oversight activities at 100 %, and is enclosed as Attachment "C" and
incorporated herein by reference. Expenditures incurred by the LOCAL
GOVERNMENT prior to the execution of this AGREEMENT or subsequent funding
agreements shall not be considered for reimbursement by the DEPARTMENT. PE
expenditures incurred by the LOCAL GOVERNMENT after execution of this
AGREEMENT shall be reimbursed by the DEPARTMENT once a written notice to
proceed is given by the DEPARTMENT.
2. The DEPARTMENT shall contribute to the PROJECT by funding all or certain
portions of the PROJECT costs for the PE, right of way acquisitions, reimbursable utility
relocations, railroad costs, or construction (specified in Attachment "A ") affixed hereto
and incorporated herein by reference, and none of the five (5) conditions apply from the
Planning Office memorandum dated September 17, 2010 (specified in Attachment "C ").
3. The DEPARTMENT shall provide a PE Oversight Estimate to the LOCAL
GOVERNMENT, if appropriate, appended as Attachment "D" and incorporated by
reference as if fully set out herein. The LOCAL GOVERNMENT will be responsible for
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providing payment, which represents100% of the DEPARTMENT's PE Oversight
Estimate at the time of the Project Framework Agreement execution.
If at any time the PE Oversight funds are depleted within $5,000 of the remaining
PE Oversight balance and project activities and tasks are still outstanding, the LOCAL
GOVERNMENT shall, upon request, make additional payment to the DEPARTMENT.
The payment shall be determined by prorating the percentage complete and using the
same estimate methodology as provided in Attachment "D ". If there is an unused
balance after completion of all tasks and phases of the project, then pending a final
audit, the remainder will be refunded to the sponsor.
4. It is understood and agreed by the DEPARTMENT and the LOCAL
GOVERNMENT that the funding portion as identified in Attachment "A" of this
Agreement only applies to the PE. The Right of Way and Construction funding estimate
levels as specified in Attachment "A" are provided herein for planning purposes and do
not constitute a funding commitment for right of way and construction. The
DEPARTMENT will prepare LOCAL GOVERNMENT Specific Activity Agreements for
funding applicable to other activities when appropriate.
Further, the LOCAL GOVERNMENT shall be responsible for repayment of any
expended federal funds if the PROJECT does not proceed forward to completion due to
a lack of available funding in future PROJECT phases, changes in local priorities or
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cancellation of the PROJECT by the LOCAL GOVERNMENT without 6oncurrence by
the DEPARTMENT.
5. In accordance with Georgia Code 32 -2 -2, the LOCAL GOVERNMENT shall be
responsible for all costs for the continual maintenance and operations of any and all
sidewalks and the grass strip between the curb and sidewalk within the PROJECT
limits. The LOCAL GOVERNMENT shall also be responsible for the continual
maintenance and operation of all lighting systems installed to illuminate any
roundabouts constructed as part of this PROJECT. Furthermore, the LOCAL
GOVERNMENT shall also be responsible for the maintaining of all landscaping installed
as part of any roundabout constructed as part of this PROJECT.
6. Both the LOCAL GOVERNMENT and the DEPARTMENT hereby acknowledge
that Time is of the Essence. It is agreed that both parties shall adhere to the schedule
of activities currently established in the approved Transportation Improvement
Program /State Transportation Improvement Program, hereinafter referred to as
"TIP /STIP ". Furthermore, all parties shall adhere to the detailed project schedule as
approved by the DEPARTMENT, attached as Attachment "B" and incorporated herein
by reference. In the completion of respective commitments contained herein, if a
change in the schedule is needed, the LOCAL GOVERNMENT shall notify the
DEPARTMENT in writing of the proposed schedule change and the DEPARTMENT
shall acknowledge the change through written response letter; provided that the
DEPARTMENT shall have final authority for approving any change.
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If, for any reason, the LOCAL GOVERNMENT does not produce'acceptable
deliverables in accordance with the approved schedule, the DEPARTMENT reserves
the right to delay the PROJECT's implementation until funds can be re- identified for
right of way or construction phases, as applicable.
7. The LOCAL GOVERNMENT shall certify that the regulations for
"CERTIFICATION OF COMPLIANCES WITH FEDERAL PROCUREMENT
REQUIREMENTS, STATE AUDIT REQUIREMENTS, and FEDERAL AUDIT
REQUIREMENTS" are understood and will comply in full with said provisions.
8. The LOCAL GOVERNMENT shall accomplish the PE activities for the
PROJECT. The PE activities shall be accomplished in accordance with the
DEPARTMENT's Plan Development Process hereinafter referred to as "PDP ", the
applicable guidelines of the American Association of State Highway and Transportation
Officials, hereinafter referred to as "AASHTO ", the DEPARTMENT's Standard
Specifications Construction of Transportation Systems, and all applicable design
guidelines and policies of the DEPARTMENT to produce a cost effective PROJECT.
Failure to follow the PDP and all applicable guidelines and policies will jeopardize the
use of Federal Funds in some or all categories outlined in this agreement, and it shall
be the responsibility of the LOCAL GOVERNMENT to make up the loss of that funding.
The LOCAL GOVERNMENT's responsibility for PE activities shall include, but is not
limited to the following items:
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a. Prepare the PROJECT Concept Report and Design Data Book.in
accordance with the format used by the DEPARTMENT. The concept for the
PROJECT shall be developed to accommodate the future traffic volumes as
generated by the LOCAL GOVERNMENT as provided for in paragraph 8b and
approved by the DEPARTMENT. The concept report shall be approved by the
DEPARTMENT prior to the LOCAL GOVERNMENT beginning further development
of the PROJECT plans. It is recognized by the parties that the approved concept
may be updated or modified by the LOCAL GOVERNMENT as required by the
DEPARTMENT and re- approved by the DEPARTMENT during the course of PE
due to updated guidelines, public input, environmental requirements, Value
Engineering recommendations, Public Interest Determination (PID) for utilities,
utility /railroad conflicts, or right of way considerations.
b. Prepare a Traffic Study for the PROJECT that includes Average Daily
Traffic, hereinafter referred to as "ADT ", volumes for the base year (year the
PROJECT is expected to be open to traffic) and design year (base year plus 20
years) along with Design Hour Volumes, hereinafter referred to as "DHV ", for the
design year. DHV includes moming (AM) and evening (PM) peaks and other
significant peak times. The Study shall show all through and turning movement
volumes at intersections for the ADT and DHV volumes and shall indicate the
percentage of trucks on the facility. The Study shall also include signal warrant
evaluations for any additional proposed signals on the PROJECT.
c. Prepare environmental studies, documentation reports and complete
Environmental Document for the PROJECT along with all environmental re-
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evaluations required that show the PROJECT is in compliance With the provisions of
the National Environmental Policy Act or the Georgia Environmental Policy Act as
per the DEPARTMENT'S Environmental Procedures Manual, as appropriate to the
PROJECT funding. This shall include any and all archaeological, historical,
ecological, air, noise, community involvement, environmental justice, flood plains,
underground storage tanks, and hazardous waste site studies required. The
completed Environmental Document approval shall occur prior to Right of Way
funding authorization. A re- evaluation is required for any design change as
described in Chapter 7 of the Environmental Procedures Manual. In addition, a re-
evaluation document approval shall occur prior to any Federal funding
authorizations if the latest approved document is more than 6 months old. The
LOCAL GOVERNMENT shall submit to the DEPARTMENT all studies, documents
and reports for review and approval by the DEPARTMENT, the FHWA and other
environmental resource agencies. The LOCAL GOVERNMENT shall provide
Environmental staff to attend all PROJECT - related meetings where Environmental
issues are discussed. Meetings include, but are not limited to, concept, field plan
reviews and value engineering studies.
d. Prepare all PROJECT public hearing and public information displays and
conduct all required public hearings and public information meetings with
appropriate staff in accordance with DEPARTMENT practice.
e. Perform all surveys, mapping, soil investigations and pavement evaluations
needed for design of the PROJECT as per the appropriate DEPARTMENT Manual.
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f. Perform all work required to obtain all applicable PROJECT permits,
including, but not limited to, Cemetery, TVA and US Army Corps of Engineers
permits, Stream Buffer Variances and Federal Emergency Management Agency
(FEMA) approvals. The LOCAL GOVERNMENT shall provide all mitigation
required for the project, including but not limited to permit related mitigation. All
mitigation costs are considered PE costs. PROJECT permits and non - construction
related mitigation must be obtained and completed 3 months prior to the scheduled
let date. These efforts shall be coordinated with the DEPARTMENT.
g. Prepare the storm water drainage design for the PROJECT and any
required hydraulic studies for FEMA Floodways within the PROJECT limits. Acquire
of all necessary permits associated with the Hydrology Study or drainage design.
h. Prepare utility relocation plans for the PROJECT following the
DEPARTMENT's policies and procedures for identification, coordination and conflict
resolution of existing and proposed utility facilities on the PROJECT. These policies
and procedures, in part, require the Local Government to submit all requests for
existing, proposed, and relocated facilities to each utility owner within the project
area. Copies of all such correspondence, including executed agreements for
reimbursable utility /railroad relocations, shall be forwarded to the DEPARTMENT'S
Project Manager and the District Utilities Engineer and require that any conflicts with
the PROJECT be resolved by the LOCAL GOVERNMENT. If it is determined that
the PROJECT is located on an on- system route or is a DEPARTMENT LET
PROJECT, the LOCAL GOVERNMENT and the District Utilities Engineer shall
ensure that permit applications are approved for each utility company in conflict with
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the project. If it is determined through the DEPARTMENT's Project Manager and
State Utilities Office during the concept or design phases the need to utilize
Overhead /Subsurface Utility Engineering, hereinafter referred to as "SUE ", to obtain
the existing utilities, the LOCAL GOVERNMENT shall be responsible for acquiring
those services. SUE costs are considered PE costs.
i. Prepare, in English units, Preliminary Construction plans, Right of Way plans
and Final Construction plans that include the appropriate sections listed in the Plan
Presentation Guide, hereinafter referred to as "PPG ", for all phases of the PDP. All
drafting and design work performed on the project shall be done utilizing
Microstation V8i and InRoads software respectively using the DEPARTMENT's
Electronic Data Guidelines. The LOCAL GOVERNMENT shall further be
responsible for making all revisions to the final right of way plans and construction
plans, as deemed necessary by the DEPARTMENT, for whatever reason, as
needed to acquire the right of way and construct the PROJECT.
j. Prepare PROJECT cost estimates for construction, Right of Way and
Utility /railroad relocation at the following project stages: Concept, Preliminary Field
Plan Review, Right of Way plan approval (Right of Way cost only), Final Field Plan
Review and Final Plan submission using the applicable method approved by the
DEPARTMENT. The cost estimates shall also be updated annually if the noted
project stages occur at a longer frequency. Failure of the LOCAL GOVERNMENT
to provide timely and accurate cost estimates may delay the PROJECT's
implementation until additional funds can be identified for right of way or
construction, as applicable.
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k. Provide certification, by a Georgia Registered Professional Engi.neer, that
the Design and Construction plans have been prepared under the guidance of the
professional engineer and are in accordance with AASHTO and DEPARTMENT
Design Policies.
I. Provide certification, by a Level II Certified Design Professional that the
Erosion Control Plans have been prepared under the guidance of the certified
professional in accordance with the current Georgia National Pollutant Discharge
Elimination System.
m. Provide a written certification that all appropriate staff (employees and
consultants) involved in the PROJECT have attended or are scheduled to attend the
Department's PDP Training Course. The written certification shall be received by
the Department no later than the first day of February of every calendar year until all
phases have been completed.
9. The Primary Consultant firm or subconsultants hired by the LOCAL
GOVERNMENT to provide services on the PROJECT shall be prequalified with the
DEPARTMENT in the appropriate area - classes. The DEPARTMENT shall, on request,
furnish the LOCAL GOVERNMENT with a list of prequalified consultant firms in the
appropriate area - classes. The LOCAL GOVERNMENT shall comply with all applicable
state and federal regulations for the procurement of design services and in accordance
with the Brooks Architect - Engineers Act of 1972, better known as the Brooks Act, for
any consultant hired to perform work on the PROJECT.
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10. The DEPARTMENT shall review and has approval authority for all.aspects of
the PROJECT provided however this review and approval does not relieve the LOCAL
GOVERNMENT of its responsibilities under the terms of this agreement. The
DEPARTMENT will work with the FHWA to obtain all needed approvals as deemed
necessary with information furnished by the LOCAL GOVERNMENT.
11. The LOCAL GOVERNMENT shall be responsible for the design of all bridge(s)
and preparation of any required hydraulic and hydrological studies within the limits of
this PROJECT in accordance with the DEPARTMENT's policies and guidelines. The
LOCAL GOVERNMENT shall perform all necessary survey efforts in order to complete
the hydraulic and hydrological studies and the design of the bridge(s). The final bridge
plans shall be incorporated into this PROJECT as a part of this Agreement.
12. The LOCAL GOVERNMENT unless otherwise noted in Attachment "A" shall be
responsible for funding all LOCAL GOVERNMENT owned utility relocations and all
other reimbursable utility /railroad costs. The utility costs shall include but are not limited
to PE, easement acquisition, and construction activities necessary for the utility /railroad
to accommodate the PROJECT. The terms for any such reimbursable relocations shall
be laid out in an agreement that is supported by plans, specifications, and itemized
costs of the work agreed upon and shall be executed prior to certification by the
DEPARTMENT. The LOCAL GOVERNMENT shall certify via written letter to the
DEPARTMENT's Project Manager and District Utilities Engineer that all Utility owners'
exisiting and proposed facilities are shown on the plans with no conflicts 3 months prior
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to advertising the PROJECT for bids and that any required agreementt for reimbursable
utility /railroad costs have been fully executed. Further, this certification letter shall state
that the LOCAL GOVERNMENT understands that it is responsible for the costs of any
additional reimbursable utility /railroad conflicts that arise during construction.
13. The DEPARTMENT will be responsible for all railroad coordination on
DEPARTMENT Let and /or State Route (On- System) projects; the LOCAL
GOVERNMENT shall address concerns, comments, and requirements to the
satisfaction of the Railroad and the DEPARTMENT. If the LOCAL GOVERNMENT is
shown to LET the construction in Attachment "A" on off - system routes, the LOCAL
GOVERNMENT shall be responsible for all railroad coordination and addressing
concerns, comments, and requirements to the satisfaction of the Railroad and the
DEPARTMENT for PROJECT.
14. The LOCAL GOVERNMENT shall be responsible for acquiring a Value
Engineering Consultant for the DEPARTMENT to conduct a Value Engineering Study if
the total estimated PROJECT cost is $50 million or more. The Value Engineering Study
cost is considered a PE cost. The LOCAL GOVERNMENT shall provide project related
design data and plans to be evaluated in the study along with appropriate staff to
present and answer questions about the PROJECT to the study team. The LOCAL
GOVERNMENT shall provide responses to the study recommendations indicating
whether they will be implemented or not. If not, a valid response for not implementing
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shall be provided. Total project costs include PE, right of way, and construction,
reimbursable utility /railroad costs.
15. The LOCAL GOVERNMENT, unless shown otherwise on Attachment "A ", shall
acquire the Right of way in accordance with the law and the rules and regulations of the
FHWA including, but not limited to, Title 23, United States Code; 23 CFR 710, et. Seq.,
and 49 CFR Part 24 and the rules and regulations of the DEPARTMENT. Upon the
DEPARTMENT's approval of the PROJECT right of way plans, verification that the
approved environmental document is valid and current, a written notice to proceed will
be provided by the DEPARTMENT for the LOCAL GOVERNMENT to stake the right of
way and proceed with all pre- acquisition right of way activities. The LOCAL
GOVERNMENT shall not proceed to property negotiation and acquisition whether or not
the right of way funding is Federal, State or Local, until the right of way agreement
named "Contract for the Acquisition of Right of Way" prepared by the DEPARTMENT's
Office of Right of Way is executed between the LOCAL GOVERNMENT and the
DEPARTMENT. Failure of the LOCAL GOVERNMENT to adhere to the provisions and
requirements specified in the acquisition contract may result in the loss of Federal
funding for the PROJECT and it will be the responsibility of the LOCAL GOVERNMENT
to make up the loss of that funding. Right of way costs eligible for reimbursement
include land and improvement costs, property damage values, relocation assistance
expenses and contracted property management costs. Non reimbursable right of way
costs include administrative expenses such as appraisal, consultant, attorney fees and
any in -house property management or staff expenses. The LOCAL GOVERNMENT
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Project # 0011699 Richmond County
shall certify that all required right of way is obtained and cleared of Obstructions,
including underground storage tanks, 3 months prior to advertising the PROJECT for
bids.
16. The DEPARTMENT unless otherwise shown in Attachment "A" shall be
responsible for Letting the PROJECT to construction, solely responsible for executing
any agreements with all applicable utility /railroad companies and securing and awarding
the construction contract for the PROJECT when the following items have been
completed and submitted by the LOCAL GOVERNMENT:
a. Submittal of acceptable PROJECT PE activity deliverables noted in this
Agreement.
b. Certification that all needed rights of way have been obtained and cleared of
obstructions.
c. Certification that the environmental document is current and all needed
permits and mitigation for the PROJECT have been obtained.
d. Certification that all Utility /Railroad facilities, existing and proposed, within
the PROJECT limits are shown, any conflicts have been resolved and reimbursable
agreements, if applicable, are executed.
If the LOCAL GOVERNMENT is shown to LET the construction in Attachment "A ",
the LOCAL GOVERNMENT shall provide the above deliverables and certifications and
shall follow the requirements stated in Chapters 10, 11, 12 and 13 of the
DEPARTMENT'S Local Administered Project Manual. The LOCAL GOVERNMENT
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Project # 0011699 Richmond County
shall be responsible for providing qualified construction oversight with their personnel or
by employing a Consultant firm prequalified in Area Class 8.01 to perform construction
oversight. The LOCAL GOVERNMENT shall be responsible for employing a GDOT
prequalified consultant in area classes 6.04a and 6.04b for all materials testing on the
PROJECT, with the exception of field concrete testing. All materials testing, including
field concrete testing shall be performed by GDOT certified technicians who are certified
for the specific testing they are performing on the PROJECT. The testing firm(s) and
the individual technicians must be submitted for approval prior to Construction.
17. The LOCAL GOVERNMENT shall provide a review and recommendation by
the engineer of record concerning all shop drawings prior to the DEPARTMENT review
and approval. The DEPARTMENT shall have final authority concerning all shop
drawings.
18. The LOCAL GOVERNMENT agrees that all reports, plans, drawings, studies,
specifications, estimates, maps, computations, computer files and printouts, and any
other data prepared under the terms of this Agreement shall become the property of the
DEPARTMENT if the PROJECT is being let by the DEPARTMENT. This data shall be
organized, indexed, bound, and delivered to the DEPARTMENT no later than the
advertisement of the PROJECT for letting. The DEPARTMENT shall have the right to
use this material without restriction or limitation and without compensation to the LOCAL
GOVERNMENT.
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19. The LOCAL GOVERNMENT shall be responsible for the professional quality,
technical accuracy, and the coordination of all reports, designs, drawings,
specifications, and other services furnished by or on behalf of the LOCAL
GOVERNMENT pursuant to this Agreement. The LOCAL GOVERNMENT shall correct
or revise, or cause to be corrected or revised, any errors or deficiencies in the reports,
designs, drawings, specifications, and other services furnished for this PROJECT.
Failure by the LOCAL GOVERNMENT to address the errors, omissions or deficiencies
within 30 days of notification shall cause the LOCAL GOVERNMENT to assume all
responsibility for construction delays and supplemental agreements caused by the
errors and deficiencies. All revisions shall be coordinated with the DEPARTMENT prior
to issuance. The LOCAL GOVERNMENT shall also be responsible for any claim,
damage, loss or expense, to the extent allowed by law that is attributable to errors,
omissions, or negligent acts related to the designs, drawings, specifications, and other
services furnished by or on behalf of the LOCAL GOVERNMENT pursuant to this
Agreement.
20. The DEPARTMENT shall be furnished with a copy of all contracts and
agreements between the LOCAL GOVERNMENT and any other agency or contractor
associated with construction activities. The DEPARTMENT'S Project Manager shall be
the primary point of contact unless otherwise specified.
21. The LOCAL GOVERNMENT shall provide the DEPARTMENT with a detailed
project schedule that reflects milestones, deliverables with durations for all pertinent
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activities to develop critical path elements. An electronic project schedule shall be
submitted to the Project Manager after execution of this agreement.
This Agreement is made and entered into in FULTON COUNTY, GEORGIA, and
shall be governed and construed under the laws of the State of Georgia.
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.
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Project # 0011699 Richmond County
.
IN WITNESS WHEREOF, the DEPARTMENT and the LOCAL GOVERNMENT have
caused these presents to be executed under seal by their duly authorized
representatives.
DEPARTMENT OF
TRANSPORTATION AUGUSTA - RICHMOND COUNTY
BY: BY: 0 .
C mmissioner Aim Deke S. Copenhaver
� J � / � Mayor
E 0 Signed, s aled and delivered this 'i �
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ATTACHMENT "C"
D.O.T. 66 tied # 0011699 Richmond
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
INTERDEPARTMENTAL CORRESPONDENCE
FILE OFFICE Planning
�, j' DATE September 17, 2010
FROM
61
� ,, t�aiiVz":„._
exan er, State r h'ftton Planning Administrator
TO Todd I. Long, PE, PTOE, Director of Planning
Gerald M. Ross, PE, Chief Engineer/Deputy Commissioner
SUBJECT Preliminary Engineering Oversight for Project Managers/Project Delivery Staff
Note: This memo supersedes the previous PE Oversight Memo, dated August 17, 2010. PE Oversight
funding for Safe Route to School (SRTS) projects are eligible for PE Oversight fiends, paid for with
funding from the SRTS program. No other changes were made to the memo.
As you are aware, the Department is unable to continue funding PE oversight with 100% motor fuel funds
due to the decline in motor fie revenues. As a result, the Department needs an established procedure
detailing the circumstances under which the Department will fund PE oversight with federal -aid funds
(matched with state motor fuel funds) and when the Department will request that the local
government/project sponsor fund the Department's expenses associated with PE oversight. The PE
Oversight funds will be used to fund staff man and any other associated expenses incurred by any
GDOT employee working on the project. Please note that the process detailed below applies equally to
routes both on and off the state highway system.
GDOT Funds PE Oversight with Federal - Aid:
The Department will fund PE oversight with federal -aid funds (and matching motor fuel funds), only if a
subsequent project phase (ROW, UTL, CST) is programmed within the first 4 active years of the
currently approved TIP /STIP. The source of federal -aid funds to be used for the PE oversight activities is
as follows:
1) Projects on the National Highway System will use NHS funds (L050) to finance GDOT's PE
oversight expenses
2) Projects not on the National Highway System but eligible for Surface Transportation Program
(STP) funds, will follow one of the scenarios below:
a) Projects in urban areas between 5,000 and 199,999 in population will use L200 funds
(with MPO approval, if applicable)
b) Projects in urban areas with a population greater than 200,000 will use L230 funds
(with MPO approval)
c) Projects in rural areas with a population less than 5,000 will use L250 funds
d) The Department may, at the joint discretion of the Chief Engineer and Director of
Planning, apply L240 funds to any federal -aid eligible project
•
Project # 0011699 Richmond
3) Projects which have received an earmark in federal legislation, will use a portion of the
earmark funding for GDOT's PE oversight expenses, pending MPO approval if applicable, (Note:
earmark funded projects could receive PE oversight funding regardless of the funding being
programmed within the first 4 active years of a currently approved TIP /STIP).
4) Projects funded with Safe Route to School (SRTS) funds will use SRTS funds to finance GDOT's PE
oversight expenses, regardless of whether or not a subsequent phase of the project appears in the
STIP/TIP.
GDOT Requests Local Government /Project Sponsor to Fund PE Oversight:
The Department will request that the local government fund PE oversight with 100% local funds under
the following conditions:
1) A subsequent phase of the project is not programmed within the first 4 active years of the
Currently approved TIP /STIP
2) The MPO has elected to not approve the use of L200 or 1230 funds for GDOT's PE oversight
expenses
3) The project is funded with CMAQ funds
4) The project is funded with an earmark identified in federal legislation and the local
government/entity which scoured the earmark (or MPO, if applicable) declines to allow
GDOT to use a portion of the earmark for PE oversight expenses
5) The project is currently funded entirely with local funds; however, the local government
intends to secure federal funding at a future date
Once the PE oversight process is implemented, it will be the responsibility of the GDOT Project Manager
to work with the GDOT Office of Financial Management to establish an appropriate amount of federal -
aid funded PE oversight funding, or work with the local government to secure locally sourced PE
oversight funds.
If you approve of this process, please sign below. Once an acceptable process is developed and approved
by both the Chief Engineer and Director of Planning, we will provide the finalized process to the Office
of Program Control for distribution to the GDOT Project Managers and incorporation into future Project
Framework Agreements. If you have any questions, please contact Matthew Fowler at 404 - 531 - 1777.
Approved
Todd 1. 1,opg, PE, PTOE . 17i• r of Planning Date
Approved: Q f t 7 c 7
Gera M. Ross, E, .hie ,ngineci /Deputy Commissioner ►Date
ATA:MF
GDOT Oversight Estimate for Consultant Project
Wednesday, September 03, 2014 3:08 PM
PI Number I 11699 I Project Number ( 11699
County L Richmond I Project Length I 0.800 I Miles
Project Manager I Matthews, Tim I Project Cost I $5,224,849.00 I
Project Type I Turn Lanes I
Project
Description Adding Turn lanes and resurfacing to Riverwatch Pkwy @ I -20
Expected Life of Project 1 1.00 I Years
Project Phase Oversight Hours Oversight Cost
1. Project Initiation 40 $ 3,500.00
2. Concept Development 40 $ 3,200.00
3. Database Preparation 40 $ 2,800.00
4. Preliminary Design 90 $ 4,000.00
5. Environmental 80 $ 4,500.00
6. Final Design 45 $ 4,500.00
Travel Expenses , - $ 2,688.10
Total Oversight Estimate 335 $ 25,188.10
Percentage of Project Cost 0.50 %
GDOT Oversight Estimate for Consultant and Locally Administered Projects - Version 2.01 - September 2011
Project # 0011699 Richmond
ATTACHMENT "E"
•
GEORGIA SECURITY AND IMMIGRATION COMPI;IANCE ACT
AFFIDAVIT
Name of Contracting Entity: Augusta- Richmond County
Contract No. and Name: PI 0011699 — I -20 at SR 104 — TIA
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 entity 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, or any subsequent replacement program, 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 within five (5) business days after any subcontractor
is retained to perform such service.
46 2 3 �----
E -Verify / Company Identification Number Signature of Authorized Officer or Agent
19 2b b
9)/ /ill
C0 pt,'L rw.
Date of Authorization Printed Name of Authorized Officer or Agent
44 n
Title dl Authorized Officer or Agent
Date
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE ..,,_ mvku
s4.
vO DAY OF jy , 201 �e ^ •......�� 4 1�
" j • [NOZARY Si
Notary P u i n • G t
� o ;� �/�Li , Sri
c0
My Commission Expires: % /9 - /�D � G dj y d os « '�
114' Revised: 12/2011
25
Project # 0011699 Richmond
ATTACHMENT "F"
TITLE VI INTRODUCTION
As a sub - recipient of federal funds from Georgia Department of Transportation, all
municipalities are required to comply with Title VI of the Civil Rights Act of 1964 which provides
that:
"No person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, or be denied the benefits of, or be subjected
To discrimination under any program or activity receiving federal assistance under
This title or carried out under this title."
Additionally, the Civil Rights Restoration Act of 1987, expanded the definition of the terms
"programs and activities" to include all programs or activities of federal recipients,
subrecipients, and contractors, whether or not such programs and activities are federally
assisted.
The provisions of Title VI apply to all contractors, subcontractors, consultants and suppliers.
And is a condition for receiving federal funds. All sub recipients must sign Title VI assurances
that they will not discriminate as stated in Title VI of the Civil Rights Act of 1964.
In the event that the sub recipient distributes federal aid funds to second tier entity, the sub -
recipient shall include Title VI language in all written documents and will monitor for
compliance. If, these assurances are not signed, the City or County government may be
subjected to the loss of federal assistance.
All sub recipients that receive federal assistance must also include Federal Highways
Administrations 1273 in their contracts. The FHWA 1273 sets out guidance for ensuring non
discrimination and encouraging minority participation and outreach.
Enclosed you will find Title VI acknowledgment form and the Title VI assurances. The Title VI
acknowledgment form and Title VI assurances must be signed by your local government official
if it has not been signed.
Revised: 12/2011
26
:
4 /
Project # 0011699 Richmond
,
ATTACHMENT "F"
l
TITLE VI ACKNOWLEDGEMENT FORM
The 1 )i � w - v r t i'vL L`'" assures that no person shall on the grounds or
race, color, national origin or sex as provided by Title VI of the Civil Rights Act of 1964, and the
Civil Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of,
or otherwise b subjected to discrimination under any City or County sponsored program or
activity. The ,10)1/417�0-■ - `(q,\eNo ^ V,, assures that every effort will be made to
ensure non discrimination in all of its programOor activities, whether those programs are
federally funded or not.
Assurance of compliance therefore falls under the proper authority of the City Council or the
County Board of Commissioners. The Title VI Coordinator or Liaison is authorized to ensure
compliance with provisions of this policy and with the Law, including the requirements of 23
Code of Federal Regulations (CFR) 200 and 49 CFR 21.
(. t4 tit 'Or— 5 ( C,) (c 4
0111 Official Name and Title Date
0
Citations:
Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d -4;42 USC 4601to 4655;23 USC
109(h); 23 USC 324; DOT Order 1050.2; EO 12250; EO 12898; 28CFR 50.3
Other Nondiscrimination Authorities Expanded the range and scope of Title VI coverage and
applicability
The 1970 Uniform Act (42 USC 4601)
Section 504 of the 1973 Rehabilitation Act (29 USC 790)
The 1973 Federal -aid Highway Act (23 USC 324)
The 1975 Age Discrimination Act (42 USC 6101)
Implementing Regulations (49 CFR 21 & 23 CFR 200)
Executive Order 12898 on Environmental Justice (EJ)
Executive Order 13166 on Limited English Proficiency (LEP)
Revised: 12/2011
27