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HomeMy WebLinkAboutPROJECT FRAMEWORK AGREEMENT WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION FOR THE WHEELER ROAD AT ROBERT C. DANIEL PARKWAY INTERSECTION IMPROVEMENTS PROJECT PI#0012866 Augusta-Richmond County AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA AND AUGUSTA-RICHMOND COUNTY FOR TRANSPORTATION FACILITY IMPROVEMENTS This Framework Agreement is made and entered into this Z day of SPM , 20jtio, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT", and the AUGUSTA-RICHMOND COUNTY, acting by and through its Mayor and City Council or 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 Revised: 11/2014 1 P1#0092866 Augusta-Richmond County 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, §Ill, ¶1(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, Revised: 11/2014 2 P1#0012866 Augusta-Richmond County hereinafter referred to as "PE", all reimbursable utility relocations, all non-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 May 8, 2014 memorandum titled PE Oversight Funding Structure for Non-GDOT Sponsored Projects outlines conditions when the LOCAL GOVERNMENT will be requested to fund the PE oversight activities at 100%, and when the Department will fund PE oversight with federal-aid funds 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, as it adheres to memorandum dated May 8, 2014 (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 Revised: 11/2014 3 PI#0012866 Augusta-Richmond County 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, Utility 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, utility 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 Revised: 11/2014 4 PI#0012866 Augusta-Richmond County cancellation of the PROJECT by the LOCAL GOVERNMENT without concurrence 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 Revised: 11/2014 5 P1#0012866 Augusta-Richmond County shall acknowledge the change through written response letter; provided that the DEPARTMENT shall have final authority for approving any change. 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, utility, 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. Note: If FEDERAL-AID HIGHWAY PROGRAM (FAHP) funds are not participating in an engineering and design related services contract, the contracting agency may procure the services in accordance with its own established policies and procedures which reflect applicable State and local laws. However,the costs of consultant service contracts that utilize only State or local funding which were not procured, negotiated, or administered in accordance with applicable Federal laws and regulations would not be eligible to apply toward the non-Federal share of costs for subsequent phases (e.g., construction)of a FAHP funded project. Revised: 11/2014 6 PI#0012866 Augusta-Richmond County 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: 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 Revised: 11/2014 7 PI#0012866 Augusta-Richmond County 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 morning (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- 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 Revised: 11/2014 8 P1#0012866 Augusta-Richmond County 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 six 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. f. Perform all work required to obtain all applicable PROJECT permits, including, but not limited to, Cemetery, WA 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 Revised: 11/2014 9 P1#0012866 Augusta-Richmond County related mitigation must be obtained and completed three months prior to the scheduled let date. These efforts shall be coordinated with the DEPARTMENT. g. Prepare the stormwater 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 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. Revised: 11/2014 10 PI#0012866 Augusta-Richmond County 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. k. Provide certification, by a Georgia Registered Professional Engineer, 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. Revised: 11/2014 11 PI#0012866 Augusta-Richmond County 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 engineering and design related services in accordance with 23 C.F.R. Part 172 which mandates selection 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. 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 Revised: 11/2014 12 PI#0012866 Augusta-Richmond County 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' existing and proposed facilities are shown on the plans with no conflicts three months prior to advertising the PROJECT for bids and that any required agreements 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 Revised: 11/2014 13 PI#0012866 Augusta-Richmond County 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 shall be provided. Total project costs include PE, right of way, and construction, reimbursable utility/railroad costs. Revised: 11/2014 14 PI#0012866 Augusta-Richmond County 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 shall certify that all required right of way is obtained and cleared of obstructions, including underground storage tanks, three months prior to advertising the PROJECT for bids. Revised: 11/2014 15 PI#0012866 Augusta-Richmond County 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. e. 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 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 Revised: 11/2014 16 PI#0012866 Augusta-Richmond County 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. 19. The LOCAL GOVERNMENT shall be responsible for the professional quality, technical accuracy, and the coordination of all reports, designs, drawings, Revised: 11/2014 17 PI#0012866 Augusta-Richmond County 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 activities to develop critical path elements. An electronic project schedule shall be submitted to the Project Manager after execution of this agreement. Revised: 11/2014 18 PI#0012866 Augusta-Richmond County 22. The LOCAL GOVERNMENT certifiies its compliance with Title VI of the Civil Rights Act of 1964 and agrees to the provisions of Attachment F to this contract, which is hereby incorporated by reference as if fully set out herein. 23. The Parties acknowledge that the following Attachments to this Agreement are hereby incorporated into and made a part of this Agreement as though expressly written herein: Attachment A— Funding Sources and Distribution Attachment B— Project Timeline Attachment C —May 8, 2014 Memorandum entitled "PE Oversight Funding Structure for Non-DOT Sponsored Projects" Attachment D—GDOT Oversight Estimate for Locally Administered Project Attachment E—Georgia Security and Immigration Compliance Act Affidavit Attachment F—Title VI Certification and Acknowledgement Form Attachment G — Federal-Aid Highway Program (FAHP) Funding Participation Designation Form 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. Revised: 11/2014 19 PI#0012866 Augusta-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 LOCAL GOVERNMENT NAME TRANSPORTATION BY: BY: 6114- 4 /1/1'1V Aisi Name Commissioner / "I Title 7m/1z, Signed, sealed and delivered this t544-- lr Ar- T: ,4"7 . 1.71'„f1 day of _)LAALis / Or"47 # presenceof . ...,-. . 0 o I rii ik" ' P • , 201le, in the ,ff. , , --./...1 , 1,-,r.. st ea / - ' /1i 1, ' . -,) /)7Lokli -idl 0 c,. . , ,,, ,.... ..,. , , , ... 6i«j..‹ ,-- '- — -,.. -- Witness ,•./ ' C4%, 0141.4*-41% (6 s hale e • • 4S IIV 401.111510.41 ei / -11/1----4-1"-- 1 ie ') AL...... Notary Public INConvnisdon&Ora WY 2%2019 Pu attlf This Agreement pep,' -• by Local too \irtiii-Terititie ''day Of' .Nft.••,.. ND GO:se% ;,. gl__A II. . 2S • i AQ ftle' iCIA 140A 49 t. 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E - qwe��� � W�� u IN 4d IA 48nO�y3 ^`W Q a`RI si 11 aseyd U0117M$UO3 Al 4d�illl;f 1 UM P3 A1eluuunS Aaeu1w11aad AeM lO'14 b a A C 7 2 G o 2� 2 -o X03 = ■ § �� % / \ ) E . °_ 0 o4-§/ @ K a.V o = k E a § �2 as ` e2 - $ m � % � f � J / c £ + kgv o CO @ ® z 5 o ii E 15 = L0 � ' . c � fk ® / Z ® km 0 co w@ $ 2 G ,- @ § E e a. c e4 0 2 $ CO 0 0 CI c , _« -T-6 \ UJ ° - c q t k I 0 aok $ C.) o 2c X 0. II 0 > 0 ° 2 Q = « "<:: §� Uco« ;12: $ ::: _0: / c a > $ coE ■ 2 E :2 � © = B2g 3 Q '0 ft \ 4- $ 7:>,• $ 2C k � § 2 ■ % § § � a. cto la � � § £ f ta ea 0. � - © 08 ƒ CL 2 co e U) k c § .0 § � ® keg 2 aa - 15 0 � v & § ti k 4 / % 5 c a) w � a iE P1#0012866 Augusta-Richmond County ATTACHMENT "C" DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA INTER-DEPARTMENT CORRESPONDENCE FROM: Bobby Hilliard,P.E.,Program Control Administrator DATE:May 8.2014 TO: Toby Carr, Director of Planning Russell R. McMurry, P.E.,Chief Engineer SUBJECT: Preliminary Engineering (PE)Oversight Funding Structure for Non-GDOT Sponsored Projects(Guidance for MPO's, TMA's, Project Managers and Project Delivery Staff) Note: This mento supersedes the previous PE Oversight Memo, dated September 17, 2010. PE Oversight Funding -Programming Guidance for a Non-GDOT Sponsored Project This policy provides guidance during the planning and programming of a project to specify responsibility for funding PE Oversight to cover estimated resource activities and expenses for the Department prior to the execution of a Project Framework Agreement(PFA). The Department has established the attached "Oversight Funding Responsibility Matrix for Locally Sponsored Projects" which details the conditions under which the Department will fund PE oversight with federal-aid funds and when the Department will request that the local government/project sponsor fund the Department's expenses associated with PE oversight. State funding participation for oversight is at the discretion and approval of the GDOT Chief Engineer and GDOT Director of Planning. It is the responsibility of the GDOT Project Manager to utilize the GDOT Oversight Estimate for Consultant & LAP Projects Microsoft ExcelTM Tool to estimate the PE oversight cost The GDOT Project Manager will subsequently coordinate with the Office of Financial Management to establish an appropriate' amount of federally funded PE oversight. Concurrently, the GDOT Project Manager will coordinate with the District Planning and Programming Engineer to engage the local government for processing the Project Framework Agreement (PFA) and to secure locally sourced PE oversight funds if appropriate. Please note that the STIP/TIP amendment process must be followed for adding oversight funds to a project. PE Oversight funds will be used to administer the project and fund staff man-hours along with any other associated expenses incurred by any GDOT employee working on the project. The process detailed applies equally to both on-system and off-system routes on the National Highway System. Upon approval, this process will be distributed to all GDOT Project Managers and incorporated into future Project Framework Agreements(PFA's)along with a copy of the PEOversight Estimate. Revised: 11/2014 23 P1#0012866 Augusta-Richmond County s Approved: (jL /G- 11- 1 Dat6//q/Pi/ , t hief En ineer Approved: I a��'i/11 Director o nning Attachment Revised: 11/2014 24 c 0 0 0 v c 0 E t k N 0 y 0 a 0) 0 to C J g as E c . v `6 w N - 00 J ET_ E -. a: as CL E va) io i — Co o v U) m N m_ > W O V 0 o cu .� c cn F— = 'a a o m L U O a "D^ .N o 0 ¢ 47 m N Wo a) '" (V Q .�G 'L7 p C a_ w ai: a = o U) a o c) C _ 0 y > N Q .0 a) 2 O 'S N O 01 cm a 3 LL T c a O (d L Q1 p m v w o C ti 4- N a) U V y N o - y O X 3 > L_ a. -o m t O c 13N Id U r .N CO •O CC/ LL (/) @ O r L() p E N -p N o ami 4— ° N g N a c cE en N ° E o > c a) �_ v (Ld as 1 to v CL ccr E cm O .c N M NL T O to 2 Cl- — •C N U o= 5. X �' LL ' oaO o (7) w a a) aZ c c .0 U o ry "' y D v CC o. a) p Cl) 4 N N o n a) c Q •— a C g .a'a c .� ami aa)i o 3 "t3 _ a) as u. Ul C C o 3 g m ° o ° ° LL to J N ,� co r o .0 > o 0- c X v � N 0, v ._ .c m M� n w U CO (J (d ..1C 0) v N u i▪ ts v SA..' f" . O c W > (,) a) ►... LL .. J .N (6 O N O a) .y 2 u) o 0 0 O^ to O c . R a 0 a ID 0. O X v a0 C (d 2 (d v) z m o v w 0. N LL J E i E0 NL., 4) s v :: N Eij v a u 071 • CO a) a LL j L -- O PI#0012866 Augusta-Richmond County ATTACHMENT "D" GDOT Oversight Estimate for Locally Administered Project Date: PI Number 0012866 Project Number County Richmond Project Length 0_4 Miles Project Manager Marshall Troup Project Cost $1.225,000.00 Project Type Intersection Improvement Project CR 601/Wheeler Road @ CR 124/CR 2157/Robert C. Daniel Parkway Description Expected Life of Project Years Project Phase Oversight Oversight Cost Hours 1. Project Initiation 0 $ 0.00 2. Concept Development 0 $ 0.00 3. Database Preparation* 0 $ 0.00 4. Preliminary Design 0 $ 0.00 5. Environmental 0 $ 0.00 6. Final Design 0 $ 0.00 Travel Expenses $ 0.00 Total Oversight Estimate 0 $ 0.00 Percentage of Project Cost 0.00% GDOT Oversight Estimate for Consultant and Locally Administered Projects-Version 2.01 14 Revised: 11/2014 26 PI#0012866 Augusta-Richmond County ATTACHMENT "E" GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Name of Contracting Entity: /4110514t 4Amoweit Contract No. and Name: 00121+,c ct.401(wkettr & C i zv/eA 2!'77/ iti IM u t ex44,, 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. 910913 17 „e e, _ E-Verify /Company Identification NumberoSignature of Authorized Officer or Agent Date of Authorization Printed Name of Authorized Officer or Agent A44 414( /104��e &Os , r. Title ofII thorized Officer or Agent Date y /5' Z0/0 Date SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 1# DAY OF JL 201 Ca -111\-"511"/J-1.1( [N 1111:1711,41/461 Notmy Public h. &AW Z My Commission Expires: .00 �V �' s• PUI My Commission Spires May 26,2019 #1,14,9 DJ,•', Revised: 11/2014 '',,,MOND �00‘ 27 P1#0012866 Augusta-Richmond County 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 subrecipient shall include Title VI language in all written documents and will monitor for compliance. lf,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: 11/2014 28 PI#0012866 Augusta-Richmond County ATTACHMENT "F" TITLE VI ACKNOWLEDGEMENT FORM The 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 be subjected to discrimination under any City or County sponsored program or activity. The assures that every effort will be made to ensure nondiscrimination in all of its programs or 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. 1.5.1?4?0_1(to Official Name and Title Date Nofre 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: 11/2014 29 PI#0012866 Augusta-Richmond County ATTACHMENT F NOTICE TO SPONSOR COMPLIANCE WITH TiTLE VI OF THE CIVIL RIGHTS ACT OF 1964 During the performance of this contract,the SPONSOR,for itself, its assignees,and successors in interest (hereinafter referred to as the"SPONSOR"),agree as follows: 1. Compliance with Regulations The SPONSER shall comply with the Regulations relative to nondiscrimination in federally-assisted programs of the Department of Transportation (hereinafter referred to as DOT),Title 49, Code of Federal Regulations,part 21,as they may be amended from time to time,(hereinafter referred to as the Regulations),which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination The SPONSER,with regard to the work performed by it during the contract,shall not discriminate on the grounds of race,color,sex,or national origin in tile selection and retention of subcontractors,including procurement of materials and leases of equipment.The SPONSOR shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations,including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts,Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the SPONSOR for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the SPONSOR of the SPONSOR's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race,color,sex,or national origin. 4. Information and Reports The SPONSOR shall provide all information and reports required by the Regulations or directives issued pursuant thereto,and shall permit access to its books,records,accounts,other sources of information and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,orders,and instructions.Where any information required of a sponsor is in the exclusive possession of another who fails or refuses to furnish this information,the Sponsor shall so certify to the State Department of Transportation,or the Federal Highway Administration as appropriate,and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance In the event of the SPONSOR's noncompliance with the nondiscrimination provisions of this contract,the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate,including,but not limited to: a. Withholding of payments to the SPONSOR under the contract until the SPONSOR complies;and/or b. Cancellation,termination,or suspension of the contact,in whole or in part. 6. Incorporation of Provisions The SPONSOR shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations,or directives issued pursuant thereto. The SPONSOR shall take such action with respect to any subcontractor or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided,however,that in the event a Sponsor becomes involved in,or is threatened with,litigation with a subcontractor or supplier as!wog teitth direction,the Sponsor may request the State to enter into such litigation to protect the interests of the stal and, in addition, the Sponsor may request the United States to enter into such litigation to protect the interests of ha United States. PI#0012866 Augusta-Richmond County ATTACHMENT "G" FEDERAL-AID HIGHWAY PROGRAM (FAHP) FUNDING PARTICIPATION DESIGNATION FORM For Competitive Negotiation/Qualifications Based Selection Procurement for Engineering and Design Related Services Contract Name of LOCAL AGENCY: Please check and sign only one option below: OPTION A: ❑ If there is FAHP funding participating in an engineering and design related services contract,THEN the Federal competitive negotiation/qualifications based selection (Brooks Act) procurement procedures is still applicable and must be conducted in accordance with the guidelines established in 23 C.F.R. Part 172. Signature Date OPTION B: 0 Jf FAHP funds are not participating in an engineering and design related services contract,the contracting agency may procure the services in accordance with its own established policies and procedures which reflect applicable State and local laws. However,the costs of consultant service contracts that utilize only State or local funding which were not procured, negotiated,or administered in accordance with applicable Federal laws and regulations would not be eligible to apply toward the non-Federal share of costs for subsequent phases (e.g.,construction) of a FAHP funded project. Signature Date Revised: 11/2014 31 Russell R. illicibivrry, F.E., Comrnissioine; GEORGIA DEPA T]ENT OF TRANSPORTATION � •J I enter, One Georgia C ,600 West Peachtree Street, NVV *••; ji : *� Atlanta,Georgia 30308 George Telephone: (404)631-1000 ••G.flr • October 12, 2016 RECEIVED AUGUSTA,GA Honorable Hardie Davis, Jr., Mayor - 535 Telfair Street Building 4000 OCT 1.7 2016 Augusta, GA 30901 ENGINEERING ADMIN Attention: Abie L. Ladson Dear Mr. Davis: _ • I am returning for your files an executed agreement between the Georgia Department of Transportation and Augusta-Richmond County for the following project: Richmond County, PI#0012866 We look forward to working with you on the successful completion of the joint project. Should you have any questions,please contact the Project Manager Ruthie Jones at(678) 802-1103. Sierely, Jkia.)(� Angela Robinson, Financial Management Administrator AR:kp Enclosure c: Bob Rogers Jimmy Smith—District 2 Engineer Todd Price—District 2 Planning&Programming Engineer Jamie Lindsey—District 2 Utilities Engineer Patrick Allen—State Utilities Engineer