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HomeMy WebLinkAboutUTILITY RELOCATION AGREEMENT WINDSOR SPRING ROAD IMP PHASE IV JEFFERSON ENERGY COOPERATIVE -. A UTILITY RELOCATION AGREEMENT Augusta, Georgia "Windsor Spring Road Improvements Phase IV" "Willis Foreman Road to Tobacco Road" "GDOT Project STP00- 7007 -00 (006) PI 250610 and BRSLB- 7007 -00 (007) PI 250615" JEFFERSON ENERGY COOPERATIVE This EMENT, made and entered into as of the /( day of UG /0le2 , 20 ` by and between Augusta, State of Georgia (hereinafter referred to as the "Augusta, Georgia "), and JEFFERSON ENERGY COOPERATIVE (hereinafter referred to as the "Company "). This Agreement may refer to either Augusta, Georgia or Company, or both, as a "Party" or "Parties." WITNESSET WHEREAS, Augusta, Georgia proposes under the above written Project to construct the "Windsor Spring Road Phase IV Improvements from Willis Foreman Road to Tobacco Road" (hereinafter referred to as the "Project "); and WHEREAS, due to the construction of this Project, it will become necessary for the Company to remove, relocate, or make certain adjustments to the Company's existing facilities (facilities includes electrical and communications facilities and is referred to herein collectively as the "Facilities" or the "Facility"), in accordance with the estimate of ONE MILLION FORTY THOUSAND SIXTY ONE Dollars and THIRTY EIGHT Cents ($1,040,061.38) (the "Estimate The Estimate is limited: (a) to the costs of removing, relocating or adjusting those Facilities, which are physically in place and in conflict with the proposed construction and/or maintenance, (b) where replacement is necessary, to the costs of replacement in kind and such cost excludes the proportion of the costs representing improvement or betterment in a Facility, except to the extent that such improvement or betterment is made necessary by the construction and/or maintenance, and (c) to the costs incurred in acquiring additional easements or private rights of way, including, without limitation, easements for lines, access, tree trimming, guy wires, anchors and other devices, appliances and other equipment, and any and all other such easements and property rights as may be reasonably necessary for the Company's installation, operation and maintenance of its Facilities. The proportion of the costs representing improvement or betterment in a Facility while excluded from the Estimate, except to the extent that such improvement or betterment is made necessary by the construction and/or maintenance, shall be shown on the Estimate; and WHEREAS, the Company has presented evidence to Augusta, Georgia that it contends supports its claim that it acquired property interests and utilized such property interests for the placement of its Facilities prior in time to acquisition of the road right of way(s), all as involved in said Project; and WHEREAS, Augusta, Georgia agrees to bear ONE HUNDRED percent (100 %) of the actual costs of said relocation expenses, which is estimated to be ONE MILLION FORTY THOUSAND SIXTY ONE Dollars and THIRTY EIGHT Cents ($1,040,061.38), subject to Augusta, Georgia's reasonable approval (not to be unreasonably withheld) of the evidence presented by the Company supporting its claim for prior rights, which may include any documents or information demonstrating the location of the Facilities in relationship to those property interests, the relationship of those property interests to current and previous road right -of -way, and any other information or documents reasonably required by Augusta, Georgia to verify the Company's claim, and subject to further Augusta, Georgia's reasonable approval (not to be unreasonably withheld) should actual expenses exceed the Estimate; and WHEREAS, Augusta, Georgia will use its best efforts to make a determination regarding the Company's claim for prior rights prior to the Company being required to commence the removal, relocation, or adjustment of its Facilities, and shall provide its determination in writing along with the written support for any such determination. If Augusta, Georgia determines that the Company's presented information is insufficient to make a determination, Augusta, Georgia will provide the Company the basis for such insufficiency, and request that the Company provide additional information. If a determination, however, cannot be made prior to the time the Company's Facilities need to be removed, relocated, or adjusted in order for the Project not to be delayed (provided that Augusta, Georgia certifies in writing to the Company that such Project is time - sensitive due to construction scheduling with the possibility of damages for delay, safety concerns, or critical funding deadlines), the Company will remove, relocate, 1 or adjust its Facilities without a determination having been made and neither Party's rights, claims, or defenses with regard to the issue of property interests, compensable interest or prior rights will be waived or affected in any manner. In such instance, Augusta, Georgia will make such determination regarding the Company's claim for prior rights no later than six (6) months from the date of Augusta, Georgia's receipt of information sufficient for Augusta, Georgia to make a determination (which determination shall be in writing accompanied by written support) or otherwise the Company's claim for prior rights will be deemed approved by Augusta, Georgia. NOW, THEREFORE, in consideration of the promises and the mutual covenants of the Parties hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged by the Parties, it is agreed: Section 1. The Company, with its regular construction or maintenance crews and personnel, at its standard schedule of wages and working hours (as may be applicable from time to time during this Agreement), and working in accordance with the terms of its agreements with such employees, will make such changes in its Facilities as previously agreed upon with Augusta, Georgia. The Company may elect to contract any portion of the work contemplated. Section 2. Prior to the Company commencing any of its removal, relocation or adjustment work, including obtaining any easements, Augusta, Georgia will provide written assurances (including information on the property rights acquired) to Company that it has acquired the necessary new road right -of -way. Section 3. Upon the completion by the Company of the work contemplated herein, Augusta, Georgia will pay the Company a sum equal to the lesser of ONE HUNDRED percent (100 %) of: (a) the Company's actual cost of the total Project relocation expenses or (b) the Estimate, subject to the reasonable acceptance by Augusta, Georgia (not to be unreasonably withheld) of the evidence presented by the Company supporting its claim for prior rights. Pursuant to the Franchise Agreement (as defined below), in particular its Sections 4 and 8, the Company will exercise its rights to have Augusta, Georgia pay the Company its relocation costs associated with this Project. Section 4. Augusta, Georgia will neither be bound to pay any costs related to the Facilities' removal, relocation, or adjustment which are in excess of the reimbursable portion of the Estimate, nor for any items of relocation work not provided for in said Estimate, except as shall be specifically approved in writing by Augusta, Georgia. In the event there is a change in the Project, including, without limitation, a change in scope, design, plans, service, property interests to be acquired or engineering, due to events or circumstances beyond Company's reasonable control, Company will notify Augusta, Georgia of such change and the Parties will negotiate in good faith a mutually agreeable agreement or amendment to this Agreement to address such change. Section 5. The recitals set forth in the Whereas clauses of this Agreement are a material part of this Agreement and binding upon the Parties hereto. Section 6. The Company shall make a reasonable effort to provide signing and other traffic control measures during construction as contemplated under this Agreement in accordance with PART VI of the U. S. Department of Transportation Manual on Uniform Traffic Control Devices, current edition, all at the expense of Augusta, Georgia. Section 7. The covenants herein contained, including the covenants contained in the "Whereas" clauses hereto, shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the Parties hereto. Section 8. It is mutually agreed between the Parties hereto that this Agreement shall be deemed to have been executed in Georgia. Section 9. 9.1 The Parties agree they will in good faith share information with each other related to the issue of prior rights. Should the Company disagree with Augusta, Georgia's determination with regard to the Company's claim for prior rights and if the Parties are unable to settle the issue through informal negotiations, then, at the request of either Party, the Parties agree to escalate the matter pursuant to Section 9.2 below. 9.2 Except as otherwise set forth in this Agreement, any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled: (a) first, by good faith efforts to reach mutual agreement of the Parties; and (b) second, if mutual agreement is not reached within thirty (30) calendar days of a written request by a Party to resolve the controversy or claim, each of the Parties will appoint a designated representative who 2 dispute) and who is at a higher level of management than the persons with direct responsibility for administration of this Agreement. The designated representatives will meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve such dispute. The specific format for such discussions will be left to the discretion of the designated representatives provided, however, that all reasonable requests for relevant information made by one Party to the other Party will be honored if such information is reasonably available. If the Parties are unable to resolve issues related to the dispute within thirty (30) days after the Parties' appointment of designated representatives or Augusta, Georgia's City Council fails to approve any tentative agreement reached, the Parties agree to participate in non- binding mediation pursuant to Section 9.3 below. It being understood, however, that nothing herein will diminish or relieve either Party of its rights or obligations under this Section 9. 9.3 If the Parties are unable to resolve a dispute through informal negotiations or pursuant to Section 9.2, the Parties agree to participate in non - binding mediation by an impartial, third party mediator mutually agreed upon by the Parties, at a mutually convenient location, with each Party being responsible for its own attorneys' fees and expenses and for providing its own information and documentation applicable to the dispute to such mediator. The Parties agree that a potential mediator's experience in prior rights and real estate law will be relevant factors in selecting a mediator. All other agreed upon costs of the mediation will be apportioned equally to each Party. Any dispute not so resolved by negotiation, escalation or mediation may then be submitted to a court of competent jurisdiction, and either Party may invoke any remedies at law or in equity. (Nothing contained herein, however, will preclude the Parties from first seeking temporary injunctive or other equitable relief). Section 10. 10.1 If the Company chooses to submit progress payments, Augusta, Georgia will pay them within thirty (30) days from receipt of the invoice, subject to Verification (as defined below) thereof by Augusta, Georgia. Upon completion of the work, the Company shall submit a fmal bill to Augusta, Georgia and Augusta, Georgia shall make a final payment within thirty (30) days from receipt of the fmal bill, subject to Verification of the final bill by Augusta, Georgia. 10.2 For purposes of this Section 10.1, "Verification" means that Augusta, Georgia has reasonably determined that there is a material discrepancy between the Company's invoiced charges and Augusta, Georgia's calculation of charges owed, which invoiced charges are subject to a bona fide dispute; provided, however, Augusta, Georgia agrees to provide the Company with written notice, including supporting documentation, illustrating the basis for such bona fide dispute, within sixty (60) days of receipt of the invoice in dispute. Should Augusta, Georgia fail to provide such documentation within the specified time period, Augusta, Georgia must pay the disputed amount. Augusta, Georgia must pay any undisputed portion of the invoice total within thirty (30) days after its receipt of the invoice. Augusta, Georgia must pay any disputed portion of the invoice total within thirty (30) days of the date the dispute is resolved, to the extent the dispute is resolved in favor of the Company. 10.3 At any time within thirty -six (36) months after the date of the final payment, Augusta, Georgia, at its sole expense, may audit the cost records, support documentation, and accounts of the Company pertaining to this Project to solely assess the accuracy of the invoices submitted by the Company and notify the Company of any amount of any unallowable expenditure made in the fmal payment of this Agreement, or, if no unallowable expenditure is found, notify the Company of that fact in writing. Any such audit will be conducted by representatives of Augusta, Georgia or, if applicable, the Georgia Department of Transportation or the Federal Highway Administration, after reasonable advance written notice to the Company and during regular business hours at the offices of the Company in a manner that does not unreasonably interfere with the Company's business activities and subject to the Company's reasonable security requirements. As a prerequisite to conducting such audit, Augusta, Georgia or, if applicable, the Georgia Department of Transportation or the Federal Highway Administration, will sign the Company's Nondisclosure Agreement. The Company may redact from its records provided to Augusta, Georgia information that is confidential and irrelevant to the purposes of the audit. The Company will reasonably cooperate in any such audit, providing access to the Company records that are reasonably necessary to enable Augusta, Georgia to test the accuracy of the invoices to which the audit pertains, provided that Augusta, Georgia or, if applicable, the Georgia Department of Transportation or the Federal Highway Administration, may only review, but not copy, such records. If the Company agrees with the audit results and does not pay any such bill within ninety (90) days of receipt of the bill from Augusta, Georgia (based on the mutually agreed upon audit results), Augusta, Georgia may set off the amount of such bill against the amounts owed the Company on any then - current contract between the Company and Augusta, Georgia. If, following the audit, the Parties are unable to resolve any dispute concerning the results of the audit through informal negotiation, the provisions of Sections 9.2 and 9.3 will govern the resolution of the 3 dispute. Augusta, Georgia may not perform an audit pursuant to this Agreement more frequently than once per calendar year and may not conduct audits twice within any six (6) months. Section 11. The construction funding for this project is provided jointly by the Federal Highway Administration (FHWA) and the Georgia Department of Transportation (GDOT). In accordance with the BUY AMERICA requirements of the Federal Regulations (23 U.S.C. 313 and 23 CFR 635.410) all manufacturing processes for steel and iron products or predominantly of steel or iron (at least 90% steel or iron content) furnished for permanent incorporation into the work on this project shall occur in the United States. The only exception to this requirement is the production of pig iron and the processing, pelletizing and reduction of iron ore, which may occur in another country. Other than these exceptions, all melting, rolling, extruding, machining, bending, grinding, drilling, coating, etc... must occur in the United States. i) Products of steel include, but are not limited to, such products as structural steel piles, reinforcing steel, structural plate, steel culverts, guardrail, steel supports for signs, signals and luminaries, and cable wire /strand. Products of iron include, but are not limited to, such products as cast iron frames and grates and ductile iron pipe. Coatings include, but are not limited to, the applications of epoxy, galvanizing and paint. The coating material is not limited to this clause, only the application process. ii) A Certificate of Compliance shall be furnished for steel and iron products as part of the backup information with the billing. The form for this certification entitled `Buy America Certificate of Compliance" is included as part of this agreement. Records to be maintained by the RAILROAD/UTILITY and the GDOT Office of Utilities for this certification shall include a signed mill test report and a signed certification by each supplier, distributor, fabricator, and manufacturer that has handled the steel or iron product affirming that every process, including the application of a coating, performed on the steel or iron product has been carried out in the United States of America, except as allowed by this Section. The lack of these certifications will be justification for rejection of the steel and/or iron products or nonpayment of the work. iii) The requirements of said law and regulations do not prevent the use of miscellaneous steel or iron components, subcomponents and hardware necessary to encase, assemble and construct the above products, manufactured products that are not predominantly steel or iron or a minimal use of foreign steel and iron materials if the cost of such materials used does not exceed one -tenth of one percent (0.1%) of the total contract price or $2,500.00, whichever is greater. 4 GEORGIA DEPARTMENT OF TRANSPORTATION BUY AMERICA CERRTIFICATE OF COMPLIANCE Date JaK , 20 1 L i WE, - 3e(terrA F.hertli + (UTY/RAI ROAD OWNER) Address: e.4 o tm - t._ I ! ' . 4 0 4 / I ..1:45 C i !.. S Hereby certify that we are in compliance with the "Buy America" requirements of this project, P. I. 250610 and P. I. 250615, improvements to Windsor Spring Road from Willis Foreman Road to Tobacco Road. As required, we will maintain all records and documents pertinent to the Buy America requirement, at the address given above, for not less than 3 years from the date of project completion and acceptance. These files will be available for inspection and verification by GDOT and/or FHWA. We further certify that the total value of foreign steel as described in the Buy America requirements for this project does not exceed one -tenth of one percent (0.1%) of the total contract price or $2,500.00, whichever is greater. Signed b i by _ „_, , „ _ .�: Title " I srr' (Officer of • :. 1 ization) Sub 'bed and sworn t . ,':s•, u is Q Y day of AD :F :'-'.'": .:** 1 ' 4• 44 `.4 '4 't° A %� ': ` �� My Commission Expires: 1 0-- C _5 g, 0 ( }- Notary blic ` 1' ” - • 'a ' e • 10/0 :qt 5 Il ri YO CO lly 't ‘. \ 5 UTILITY RELOCATION AGREEMENT ADDENDUM February 12, 2014 Augusta, Georgia "Windsor Spring Road Improvements Phase IV" "Willis Foreman Road to Tobacco Road" "GDOT Project STP00- 7007 -00 (006) PI 250610 and BRSLB- 7007 -00 (007) PI 250615" JEFFERSON ENERGY COOPERATIVE BUY AMERICA CLARIFICATION OF EXEMPTIONS RE: Windsor Spring Rd Phase IV (PI 250610) & Phase V (PI 245320) Page 1 of 2 RE: Windsor Spring Rd Phase IV (PI 250610) & Phase V (PI 245320) Upkins, Lee [Iupkins @dot.ga.gov] Sent: Wednesday, February 12, 2014 7:36 AM To: Griffith, David Cc: Bean, Lynn [Ibean @dot.ga.gov]; hmalik @augustaga.gov; wbrown @augustaga.gov; wbyne @augustaga.gov; rholliday2 @augustaga.gov; Bolden, Mike [mbolden @dot.ga.gov] Attachments: Clarification on the Appli-l.pdf (179 KB) Good Morning Mr. Griffith, Please see attached letter from FHWA concerning exemption of items from the Buy America Law. On the bottom of page 2 and the top of page 3, it listed the items outlined by Jefferson EMC to be exempted from the Law. We have been providing this letter as our guidance and FHWA concurrence on those items that are exempted. Thanks Lee Upkins Assistant State Utilities Engineer Department of Transportation Office of Utilities - One Georgia Center 600 West Peachtree Street, 10 Floor Atlanta, Georgia 30308 Office: 404 - 631 -1354 Email: lupkins@dot.ga.gov From: Griffith, David [mailto:David.Griffith @jacobs.com] Sent: Tuesday, February 11, 2014 10:50 AM To: Upkins, Lee Cc: Bean, Lynn; hmalik @augustaga.gov; wbrown @augustaga.gov; wbyne @augustaga.gov; rholliday2 @augustaga.gov Subject: Windsor Spring Rd Phase IV (PI 250610) & Phase V (PI 245320) Importance: High Lee, Reference is made to the email I forwarded to you 1/28/14 on the noted projects from Jefferson Energy Cooperative (JEC). Specifically, it was a request from JEC to exempt certain items from the Buy America provisions which is included in the language of the Utility Relocation Agreements. You advised in an email on 1/31/14 that the exemptions are acceptable to GDOT & FHWA. On 2/11/14 I met with Dr. Malik, Assistant Director of the Augusta Engineering Department, and Wayne Brown, Senior Staff Attorney of the Augusta Law Department, to discuss the form from JEC. The form is acceptable to the Augusta Law Department with the exception of the reference to "we, The City of Augusta /Richmond County." and I am going to advise JEC to change this to Augusta, Georgia. We are requesting that GDOT provide us with correspondence on GDOT letterhead advising that the request from JEC is acceptable. The information listed below is attached to support this request. • 2/11/14: letter from Augusta requesting this https: / /namail 1 .jac obs.com/owa/?ae=Iteract=IPM.Note&id- 2/25/2014 • 0 California Division 650 Capitol Mall, Suite 4 -100 US. Department Sacramento, CA 95814 of TrartsPortorion July 12, 2013 (916) 498 -5001 Federal Highway 916 498 -5008 Administration ( } In Reply Refer To: HDA -CA Mr. Malcolm Dougherty Director, California Department of Transportation 1120 N Street, MS -49 Sacramento, CA 95814 Attention: Ms. Karla Sutliff, Deputy Director, Project Delivery Mr. Brent Green, Chief, Division of Right of Way and Land Surveys Mr. Denix Anbiah, Chief, Division of Local Assistance Mr. Fardad Falakfarsa, Chief, Federal Resources Office Subject: Clarification on the Application of Buy America in California Dear Mr. Dougherty: I am writing to provide policy clarification for the application of Buy America under the Moving Ahead for Progress in the 21st Century Act (MAP -21). Application of Buy America and MAP -21 Implementation of MAP -21 has broadened how Buy America is applied to federally funded highway construction projects. As a result of MAP -21, application of the requirements of the Buy America under MAP - 21 is determined by considering both the date that federal highway funds were/will be obligated to the project and the date of execution of construction contracts necessary to implement the project. MAP -21 requires that all aspects of a highway construction project (as defined by the project's NEPA decision document) comply with Buy America if any federal highway funds are obligated to the project on or after October 1, 2012. As a result, compliance with Buy America may now be required for aspects of the project that are not reimbursed with federal highway funds. In addition, contracts required to implement the highway project that are executed on or after October 1, 2012, also invoke the Buy America requirements of MAP -21. In this context, "contract" means a utility agreement, railroad agreement, or other construction contract that is necessary to implement the project and is eligible for federal highway funds. Based on the above, application of Buy America under MAP -21 is determined by considering the following conditions: 1. All contracts that are necessary to implement the project and that have federal highway funds are subject to Buy America. This is true regardless of when those funds were obligated or when the contracts were executed. 2. All construction contracts, including utility and railroad agreements, executed before October 1, 2012, are not subject to Buy America unless federal highway funds will be used on those contracts. 3. Obligation of federal highway funds on or after October 1, 2012, on any activity necessary to implement the project invokes the Buy America requirements of MAP -21 to all project Mr. Malcolm Dougherty Buy America Policy Clarification July 12, 2013 Page 2 construction activities that come under contract on or after October 1, 2012, regardless of the funding source for that work. 4. Buy America applies to all project construction contracts that executed on or after October 1, 2012, and that include work that is eligible for federal highway funds, regardless of the funding source for those contracts. Executing a contract (utility agreement, railroad agreement, or construction contract) after October 1, 2012, without Buy America compliance requirements renders all project activities placed under a contract executed after October 1, 2012, ineligible for federal funds. This may be applied retroactively to October 1, 2012. To assist in applying the above conditions to practical situations, a table of sample scenarios is enclosed. Transition Plan Notwithstanding conditions 1 -4 above, the Federal highway Administration (FHWA) has established a transition plan for the application of Buy America to utility relocations. During the transition plan, project - specific utility relocation agreements executed before January 1, 2014, that do not have federal funding, are not required to comply with Buy America. This exemption does not apply to master, area -wide, or state -wide utility agreements. Items subject to Buy America Buy America provisions are applicable to, but are not limited to, the following: 1. Steel or iron products used in pavements, bridges, tunnels or other structures, which include, but are not limited to, the following: fabricated structural steel, reinforcing steel, piling, high strength bolts, anchor bolts, dowel bars, permanently incorporated sheet piling, bridge bearings, cable wire/strand, pre- stressing/post- tensioning wire, motor /machinery brakes and other equipment for moveable structures; 2. Guardrail, guardrail posts, end sections, terminals, cable guardrail; 3. Steel fencing material, fence posts; 4. Steel or iron pipe, conduit, grates, manhole covers, risers; 5. Mast arms, poles, standards, trusses, or supporting structural members for signs, luminaries, or traffic control systems; 6. Steel or iron components of recast concrete products, such as reinforcing steel, wire mesh and pre - stressing or post-tensioning strands or cables; and 7. Steel transmission or distributions pole structures, predominately steel cross arms, anchors, steel or iron conduit, steel rebar to be furnished in conjunction with; concrete foundations, 8. concrete transmission or distribution pole structures, or any prefabricated concrete vaults or similar concrete structures, steel pipes for the transmission or distribution of gases or liquid fluids. Exemptions from Buy America We understand that, when Buy America is applicable to utility relocations, some utility companies may be reluctant to certify Buy America compliance due to difficulties in tracing the origin of their materials. The attached policy memorandum titled "Clarification of Manufactured Products under Buy America," dated December 21, 2012, includes exemptions for certain products. The following is a list of other exclusions associated with Buy America that are based on that memo and other FHWA policy documents: I. Miscellaneous steel or iron components, subcomponents and hardware necessary to encase, assemble Mr. Malcolm Dougherty Buy America Policy Clarification July 12, 2013 Page 3 and construct the above components (or manufactured products that are not predominately steel or iron). Examples include, but are not limited to: cabinets, covers, shelves, clamps, fittings, sleeves, washers, bolts, nuts, screws, tie wire, spacers, chairs, lifting hooks, faucets, door hinges, guy wires, transformers, insulators, cutouts, surge arrestors, switches, hardware, fasteners, brackets, base plates, conductor or other separately provided attachments to be ordered separately and thereafter affixed to the pole structures. 2. Items that are not 90% iron or steel (i.e., wood poles, copper wire, etc.) 3. Items that are in place in one Iocation at the project site and are relocated to another part of the site. 4. Items or work that are not eligible for federal highway funds, including but not limited to work that is a betterment, spare items used for future replacement, items used for maintenance, etc. 5. Items that are not permanently incorporated into the project and are not a functional part of the project (i.e., scaffolding, sheet piles left in place after construction that are not an integral part of the finished product). This includes equipment that was placed in a temporary Iocation to facilitate construction of the project. 6. Work for which the utility company cannot legally be reimbursed from federal funds. Minimal Amounts of Foreign Iron and Steel Minimal amounts of foreign iron and steel materials used on highway projects are not subject to Buy America. The minimal amount allowed is the greater of $2,500 or 0.1% of the contract value, calculated on a contract by contract basis. Calculations of 0.1% amount shall consider the following: 1. The value of iron and steel to be that are exempt from Buy America (i.e., exempted items listed above) may be excluded from the calculation. 2. Iron and steel products that are certified as compliant with Buy America may be excluded from the calculation. 3. The value of iron and steel shall include costs charged by the vendor /supplier that are necessary to prepare the item for use at the project site, including, assembly, testing, and transportation that are invoiced. If you have any questions regarding our interpretation the applicability of MAP -21 as it relates to Buy America, please feel free to call Steve Pyburn, Construction Program Manager, at (916) 498 -5057. Sincerely, :ardl /, For For Vincent P. Mamma •'+ Division Administrator Enclosure cc: (email) Karla Sutliff Brent Green Denix Anbiah Fardad Falakfarsa ' Federal Highway Administration, California Division if -, lip Sample Scenarios for Buy America under MAP -21 July 12, 2013 4,,,,,,,,,,* � Action Before' /1011/201 l A 1011/2012' c , i/ � � /i / Does Bu Am erica A 1° fir � / / //i // � //� � �� � � �, %� %/ /, � T� ,.w'h ?c i. y7f i \ i /,,,�. 9r p y �� �- / / /� //� ��1 %/, % a, ,4 u,i„ 'y % ; /% t . y % -apc Does , AP 2 1' Apply r OL �� UA executed. No future contracts execute UA: Buy America does not apply. UA has no federal funds. or federal funds obligations. Construction contract: Buy America applies. Federal funds obligated for Change order adds federal MAP -21: Does not apply. construction contract. funds to the construction but not the UA. UAl Signed. Federal funds obligated for UA1: Buy America does not apply. UAl has no federal funds. construction Construction contract and UA2: Buy America UA2 executed. Applies. UA2 has no federal funds. MAP -21: Applies, Construction, UA 2 and other project activities that come under contract after 10/1/2012 are subject to Buy America. UA Signed. Construction contract UA: Buy America does not apply. UA Has no federal funds. executed. Construction contract: Buy America Applies. Construction contract has no MAP -21: Applies. Construction, UA 2 and other federal funds. project activities that come under contract after 10/1/20I2 are subject to Buy America, UA 1 Signed. Construction contract UAl: Buy America applies. UA 1 Has federal funds. executed. Construction contract and UA2: Buy America Construction contract has no Applies. federal funds. MAP -21: Applies. Construction, UA 2 and other UA2 Signed. project activities that come under contract after UA2 Has no federal funds. 10/1/2012 are subject to Buy America. UA 1 Signed. UA2 Signed. UAl: Buy America does not apply. UAI Has no federal funds. UA2 Has no federal funds. Construction contract: Buy America does not Construction contract No future federal highway apply. executed. fund obligations or additional UA2: Buy America Applies. Construction contract has no project contracts planned. MAP -21: Applies. Execution of UA2 triggers federal funds. MAP -21 and project activities that come under contract after 10/1/2012 are subject to Buy America. If UA2 does not comply with Buy America, all project activities placed under a contract executed after 10/1/2012 are ineligible for federal funds. This may be irrelevant since no additional contracts are needed and no federal funds will be used on the project. UA 1 Signed. Preliminary design contract UAL Buy America does not apply. UA has no federal funds. executed after January 1, Construction contract and UA2: Buy America 2013. Applies. Construction contract MAP -21: Applies. Execution of the design executed. contract triggers requirements of MAP-2I. Construction contract has no Construction, UA 2 and other project activities federal funds. that come under contract after 10/1/2012 are UA2 executed. subject to Buy America. UA2 has no federal funds. UA: Utility (or Railroad) Agreement 1. During a transition period established by FHWA on July 11, 2013, project - specific utility relocation agreements executed before January 1, 2014, that do not have federal funding, are not required to comply with Buy America, 2. Executing a contract (utility agreement, railroad agreement, or construction contract) after 10/1/2012 without Buy America compliance requirements renders all project activities placed under a contract executed after 10/1/2012 ineligible for federal funds. This may be applied retroactively to 10/1/2012. Jefferson Energy Cooperative Buy America Clarification of Exemptions With respect to the Georgia Department of Transportation project(s), PI 250610, PI 250615, PI 245320, and PI 245325, we, Augusta, Georgia, hereby certify that the items identified as Items Exempt from Buy America Requirements are in fact considered miscellaneous and are exempt from the requirements of the Buy America legislation under the Moving Ahead for Progress in the 21 Century Act (MAP -21). Failure to maintain Buy America Compliance Records for said items will not result in nonpayment for any portion of utility relocation work performed by Jefferson Energy Cooperative. The determination of whether a specific item fits into one of the categories of Items Exempt from Buy America Requirements is the sole responsibility of Jefferson Energy Cooperative unless publicly and explicitly included by the Georgia Department of Transportation, U.S. Department of Transportation, or Federal Highway Administration. Items Exempt from Buy America Requirements: cabinets, covers, shelves, clamps, fittings, sleeves, washers, bolts, nuts, screws, tie wire, spacers, chairs, lifting hooks, door hinges, guy wires, transformers, insulators, cutouts, surge arresters, switches, hardware, fasteners, brackets, base plates, conductor, and other separately provided attachments to be ordered separately and thereafter affixed to the pole structure. Signed by Title (Officer of Organization) Subscribed and sworn to before me this day of My Commission Expires: Notary Public /Justice of the Peace • Sectionl2. Duplicate originals of this Agreement will be executed, each of which will be deemed an original but both of which together will constitute one and the same instrument. This Agreement may be modified only by an amendment executed in writing by a duly authorized representative for each Party. This Agreement contains the entire agreement of the Parties and there are no oral or written representations, understandings or agreements between the Parties respecting the subject matter hereof which are not fully expressed herein. This Agreement neither will supersede nor is in conflict with that certain Ordinance Granting Franchise (the "Franchise Agreement "). This Agreement will be governed by and construed in accordance with the laws of the State of Georgia. [SIGNATURES ON THE FOLLOWING PAGE] 6 IN WITNESS WHEREOF, this instrument has been and is executed on behalf of AUGUSTA, GEORGIA being duly authorized to do so by its authorized representative. The parties to those present have executed this Contract in two (2) counterparts, each of which shall be deemed an original in the year and day first above mentioned. AUGUSTA, GEORGIA BY: C-V°_'e EAL) u MAYOR 10 � t it)7/ g n d, sealed and delivered is ay of )2 0/44 in the presence of �����`���� . MOI h /)CL -)'),a�� is i' NOTAI UBLIC I � 0 t a0 ..t cu ��, ®� ®� ®® • p F ry Of ,te - cr .-41 '10 3 0101V 1 44 T q't CL_JUIX Ay C ' of 14 it orN S IP 4 4" . .":4 -- s , ' ;■► a ( it, ' ° c EST o L> O f ` c, 199e o II APPMQVED AS 'ORM` ugusta, Georgia Attorney FEIN �0 - ,,Up r i7ci NAME ^ OF UTILITY COMPANY By: (SEAL) Title: �1� Date: a 1 S I 1 L I [Signatures continue onto next page.] 7 OF /9 By: Title: e-f e: - Qr (SEAL) , d i i Witness: v A /. Ai r �� OHNS „, Notary. 1 — (SEAL) 74 4 ' •. �' R • Give proper title o person executing Agreement. Attach seal as r, - '" � � 2 c. � • - G Project Number: 323 -04- 299823766 8