HomeMy WebLinkAboutRIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT WITH GDOT - 15TH STREET PEDESTRIAN IMPROVEMENT PROJECT GDOT Contract ID No.: IGTIA1801308
RIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT
By and Between
THE
GEORGIA DEPARTMENT OF TRANSPORTATION
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AND
1 RICHMOND COUNTY,GEORGIA
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THIS AGREEMENT made and entered into this 26*- day of ULit{ , 2018
by and between the DEPARTMENT of Transportation, an agency of the State of Georgia,
hereinafter alternately referred to as "DEPARTMENT" or "LICENSOR", and RICHMOND
COUNTY,GEORGIA hereinafter referred to as"LICENSEE".
WHEREAS, the DEPARTMENT desires to enter into a public/private partnership to
perform certain services relating to mowing and maintenance within DEPARTMENT'S right of
way,hereinafter called the"PROJECT", and
WHEREAS, the LICENSEE has represented to the DEPARTMENT that, if such
permission is granted to the LICENSEE,LICENSEE shall bear all costs and liability associated
with the PROJECT; and
WHEREAS, the LICENSEE has represented to the DEPARTMENT that they are
qualified and experienced to provide such services and the DEPARTMENT has relied upon
such representations;
NOW,THEREFORE, for and in consideration of the mutual promises and covenants as
herein contained,it is agreed by and between the parties hereto that:
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GDOT Contract ID No.: IGTIA1801308
ARTICLE I
SCOPE OF PROJECT
The DEPARTMENT shall permit the LICENSEE to perform or cause to be performed,
the PROJECT consisting of certain services related to maintaining an identified section of the
DEPARTMENT'S rights of way.
This permission shall be granted by the means of this Agreement for the entire scope of
the PROJECT,as set forth herein.
The maintenance duties and responsibilities of the LICENSEE are defmed and set forth
in Article XI — MAINTENANCE WORK PLAN of this Agreement, and further enumerated
and described in Exhibit 'A' —Application and Permit for Special Encroachment with approved
drawings or final working drawings for a Department-approved construction PROJECT.
Exhibit 'A' is attached hereto and incorporated by reference as if fully set out herein. The
PROJECT location shall be defmed or delineated as part of Exhibit 'A'. The required Special
Encroachment Permit and/or the construction PROJECT fmal working drawings are to be
approved or issued by the DEPARTMENT.
Should the LICENSEE desire that these maintenance services be performed by a third
party, LICENSEE and the third party shall enter into subsequent agreement, whereby the
LICENSEE shall assume all responsibility of repayment to the third party for those services to
be rendered as set forth in Article XI - MAINTENANCE WORK PLAN. The Agreement
between LICENSEE and any third parties to this Agreement, shall meet all operational and
administrative requirements, including the provisions of liability insurance, set forth by the
DEPARTMENT,and all liability associated with the PROJECT shall be borne by LICENSEE
and any third parties, as set forth in Article VIII,herein.
ARTICLE II
EXECUTION OF CONTRACT AND AUTHORIZATION
TIME OF PERFORMANCE
Time is of the essence in this agreement. The LICENSEE shall execute this Agreement
and return it to the DEPARTMENT within thirty(30) days after receipt of contract forms from
the DEPARTMENT.
The LICENSEE shall begin work on the PROJECT under this Agreement immediately
after receiving a signed and executed copy of the Agreement(unless noted otherwise in Exhibit
A or upon PROJECT construction completion).
Subject to the terms and conditions set forth in this Agreement, and upon execution of
this Agreement, the DEPARTMENT grants the right to the LICENSEE to mow, edge, and
maintain, as set forth in Article XI- MAINTENANCE WORK PLAN, that specific section of
right-of-way identified in this Agreement,and herein defined as the PROJECT.
The duration of this Agreement shall be for fifty years from the date above first written
unless terminated sooner by the DEPARTMENT or LICENSEE.
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GDOT Contract ID No.: IGTIA1801308
ARTICLE III
SUBSTANTIAL CHANGES
If, prior to the satisfactory completion of the services under this Agreement, any party
materially alters the scope, character or complexity of the services from those required under the
Agreement, a Supplemental Agreement shall be executed between the parties. It is understood,
however,that LICENSEE shall not engage in any activities or conduct any work which would be
considered to be outside the scope of the permission granted to LICENSEE by the
DEPARTMENT. Minor changes in the work which do not involve increased compensation,
extensions of time or changes in the goals and objectives of the work may be made by written
notification of such change by any party with written approval by the other parties.
ARTICLE IV
ASSIGNMENT
It is understood by the LICENSEE that the work is considered personal and, except as
provided for in Article I, LICENSEE agrees not to assign, sublet or transfer any or all of their
interest in this Agreement without prior written approval of the DEPARTMENT.
ARTICLE V
CONTRACT DISPUTES
This Agreement shall be deemed to have been executed in Fulton County, Georgia,
without reference to its choice of law doctrine, and all questions of interpretation and
construction shall be governed by the laws of the State of Georgia. Any litigation arising out of
this contract shall be commenced within the State of Georgia.The foregoing provisions shall not
be construed as waiving any immunity to suit or liability, including without limitation, sovereign
immunity which may be available to the Department.
ARTICLE VI
INSURANCE
Prior to beginning work, the LICENSEE shall obtain and certify to the DEPARTMENT
that it has the following minimum amounts of insurance coverage:
(a) Workmen's Compensation Insurance in accordance with the laws of the State of
Georgia.
(b) Public Liability Insurance in an amount of not less than one hundred thousand
dollars ($100,000) for injuries, including those resulting in death to any one person, and in an
amount of not less than three hundred thousand dollars ($300,000) on an account of any one
occurrence,or proof of self insurance.
(c) Property Damage Insurance in an amount of not less than fifty thousand dollars
($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred
thousand dollars($100,000),or proof of self insurance.
(d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any
plans,drawings,field notes,or other similar data relating to the work covered by the PROJECT.
(e) Insurance shall be maintained in full force and effect during the life of the
PROJECT.
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GDOT Contract ID No.: IGTIA1801308
The LICENSEE shall furnish upon request to the DEPARTMENT, certificates of
insurance evidencing such coverage. These certificates shall also provide that the insurance will
not be modified or canceled without a 30 day prior written notice to the DEPARTMENT.
Failure by the LICENSEE to procure and maintain the insurance as set forth above shall be
considered a default and cause for termination of this Agreement and forfeiture of the
Performance and Payment Bonds. The LICENSEE shall, at least fifteen (15) days prior to the
expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies,
or other acceptable evidence of insurance with the DEPARTMENT.
ARTICLE VII
COMPENSATION
It is agreed that LICENSEE shall conduct all work at no cost to the DEPARTMENT, and
without compensation from the DEPARTMENT. It is further agreed that any and all issues
relating to compensation and payment shall be resolved by and between LICENSEE and any
successors, subcontractors,or assigns thereto.
The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT be
required to conduct any inspections and/or supervision of the PROJECT beyond that which
would normally occur in the ordinary course of the DEPARTMENT'S maintenance activities,
LICENSEE shall reimburse the DEPARTMENT for such inspection and supervision. The rate
of reimbursement for the DEPARTMENT'S inspection and supervision shall in no case exceed a
rate determined to be reasonable by the parties.
Should LICENSEE and the DEPARTMENT desire to change this agreement at a later
date to provide for compensation to LICENSEE, or any successors or assigns thereto, such
change shall only be permitted by a supplemental agreement as set forth in Article III herein.
Any supplemental agreements involving compensation shall be subject to the DEPARTMENT
review and approval.
ARTICLE VIII
RESPONSIBILITY FOR CLAIMS AND LIABILITY
LICENSEE NOT AGENT OF DEPARTMENT
LICENSEE, and all successors and assigns thereto, shall save harmless the
DEPARTMENT, its officers,agents,and employees from all suits, claims,actions or damages of
any nature whatsoever resulting from the performance of work assigned to LICENSEE under
this Agreement. LICENSEE further agrees that they shall be fully responsible for injury or
damage to landscaping, landscape related items, and any other non-standard and decorative
elements installed by or for the LICENSEE within the right of way, and for any damage to the
DEPARTMENT'S signs, structures, or roadway fixtures, if LICENSEE causes the damage.
These indemnities shall not be limited by reason of the listing of any insurance coverage.
It is further understood and agreed that LICENSEE, or any successor or assigns thereto,
in the conduct of any work involved in the PROJECT, shall not be considered the agent of the
DEPARTMENT or of the State of Georgia.
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GDOT Contract ID No.: IGTIA1801308
ARTICLE IX
TERMINATION OF CONTRACT
The DEPARTMENT may terminate this contract for just cause at any time by giving of
thirty (30) days written notice of such termination. Upon receipt of such notice of termination,
LICENSEE shall discontinue and cause all work under this contract to terminate upon the date
specified in the said notice. In the event of such termination,the DEPARTMENT shall be paid
for any amounts as may be due it as specified in Article VII up to and including the specified
date of termination. LICENSEE shall have the right to terminate this contract at any time,
provided that such termination is first approved by the DEPARTMENT, and that the
DEPARTMENT is reimbursed in full for all services rendered pursuant to Article VII.
The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT
allow the LICENSEE to terminate the agreement, the termination, unless determined otherwise
in writing by the DEPARTMENT,shall be contingent upon the following:
A. The LICENSEE, at the discretion of the DEPARTMENT, removing the planted
landscaping, landscape related items, and any other non-standard and decorative
elements that were installed by or for the LICENSEE at no cost to the
DEPARTMENT.
B. The LICENSEE restoring the removed landscape areas to their original condition or
a condition that meets federal standards and is acceptable to the DEPARTMENT.
C. The LICENSEE restoring the removed non-standard and decorative elements with
standard DEPARTMENT elements that meet federal and state requirements.
D. The LICENSEE reimbursing the DEPARTMENT in full any state and/or federal
funds used to purchase and install the landscaping, landscape related items, and other
non-standard and decorative elements that are no longer to be maintained by the
LICENSEE.
The DEPARTMENT and the LICENSEE agree that, should the LICENSEE fail to
perform the maintenance, as set forth in Article XI - MAINTENANCE WORK PLAN, the
DEPARTMENT may require the LICENSEE to remove, restore, and reimburse according to
items"A","B","C",and"D"above,as applicable,and then terminate the agreement.
ARTICLE X
COMPLIANCE WITH APPLICABLE LAW
The undersigned certify that:
A. This Agreement is subject to applicable state and federal laws, standards, and rules
and regulations.
B. The provisions of Sections 45-10-20 through 45-10-28 of the Official Code of
Georgia Annotated relating to Conflict of Interest and State Employees and Officials
Trading with the State have been complied with in full.
C. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia
Annotated, relating to the "Drug-Free Workplace Act" have been complied with in
full.
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GDOT Contract ID No.: IGTIA1801308
ARTICLE XI
MAINTENANCE WORK PLAN
MAINTENANCE WORK PLAN for LANDSCAPE MAINTENANCE AGREEMENT
For all maintenance activities,at a minimum,abide by the Federal Manual of Uniform Traffic Control
Devices(MUTCD)standards,current edition,for temporary traffic control. Move equipment or materials
on or across a traveled way in a manner as not to unduly interfere with traffic.
Watering
• Provide adequate water to maintain healthy plant material
• Water in a manner that it does not endanger pedestrian or vehicular traffic
• Water according to the state or local government restrictions
Pruning
• Remove dead or diseased planted vegetation.
• Prune trees and shrubs to maintain the health of the plants and to maintain in the
intended design character of the plant(no stump pruning or lollipop/ball shapes)
• Prune trees and shrubs as needed to remove damage by storm or accident
events and to prevent safety hazards. Prune to maintain open sight distances,
clear zone areas and traffic sign visibility. Provide clearance for pedestrian and
vehicular traffic mobility.
• Prune according to American National Standards Institute, latest edition,A300
Part 1 pruning standards
Plant Replacement
• Replacement of dead or diseased vegetation of planted material within the
project limits is the responsibility of the LICENSEE
• Replacement plant material must be according to Policy 6755-9—Policy for
Landscaping and Enhancements on GDOT Right of Way and GDOT
Specification Section 702.
Weeding
• Maintain right of way free of weeds, exotic and invasive pest plants, undesired
vegetation and other noxious weeds
• All Pesticide/Herbicide use shall be under the direct supervision of someone with
the appropriate Commercial Category 27(right of way use)license.
• When pesticides/herbicides are being applied the person applying shall have in
their possession all labeling associated with the pesticide/herbicide and their
license/certification.
• Post warning signs for pesticide/herbicide use as required by state code.
Mowing and trimming of grass
• Maintain a neat appearance and clear sight lines for pedestrian and vehicular
traffic.
Mulching
• Replace mulch in plant beds as needed to maintain an attractive, fresh look at a
2-3"depth
• Maintain mulch so that it will not spread or wash on to pedestrian paths or
traveled lanes
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GDOT Contract ID No.: IGTIA1801308
• Keep mulch clear of tree and shrub trunks and crowns, minimum of 3"off of any
stem as it enters the ground. Do not bury root flares, remove mulch as necessary
to prevent burying root flares,trunks or shrub stems.
Litter
• Completely remove all litter and debris and other objectionable material on site.
• Do not deposit or blow litter, debris and vegetation into gutters or drainage
structures.
• Make disposal in accordance with local and state laws.
NOTE:
All major maintenance repair activities and activities that may interfere with traffic or pedestrian flow within
the right of way project limits,such as travel lane/walkway closures, require the LICENSEE notify the
Department at least 48 hours prior to the activity to coordinate and gain Department approval.
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GDOT Contract ID No.: IGTIA1801308
The covenants herein contained shall, except as otherwise provided, accrue to the benefit
of and be binding upon the successors and assigns of the parties hereto.
IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their
seals the day and year above first written.
GEORGIA DEPARTMENT OF LICENSEE
TRANSPORTATION
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(Seal) Richmond County,Georgia (Seal)
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GDOT Contract ID No.: IGTIA1801308
EXHIBIT 'A'
Project Location PI 0011408
The Project shall be for maintenance work as specified in ARTICLE XI for the landscaping
along SR 4/15th Street in Richmond County. Said landscaping is being constructed along the
entire corridor of GDOT project PI 0011408.
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