HomeMy WebLinkAboutMOU TO INCLUDE AUD WATER MAIN, SANITARY SEWER MAIN, AND FIBER OPTIC CABLE RELOCATIONS IN THE GDOT CONTRACT, THROUGH COMPETITIVE BIDDING FOR GDOT PROJECT PI 210327 I-20 First Use: 7/16/2010
Revised:09/26/2017
Page 1 of 6
Georgia bOT Project: I-20 at Savannah River
GDOT P.I. 210327
DESIGN-BUILD
MEMORANDUM OF UNDERSTANDING
between the
Georgia Department of Transportation (hereafter the DEPARTMENT)
and
City of Augusta (hereafter the OWNER)
Whereas GDOT, hereafter referred to as the DEPARTMENT, proposes to undertake a design-build
project, hereafter referred to as the I-20 at Savannah River PROJECT, to widen Interstate 20 and replace the
Savannah River and Augusta Canal bridges in Richmond County, Georgia and Aiken County, South Carolina by
contract through competitive bidding procedures; and,
Whereas the DEPARTMENT will accomplish the PROJECT through a Design Consultant, Design
Consultant Team and/or Contractor, hereafter referred to as CONTRACTOR; and the utility owner hereafter
referred to as the OWNER, and
Whereas, where OWNER has property rights ("Prior Rights") at the location of the PROJECT, OWNER
will provide written evidence as to said prior rights within the area and will provide written documentation of
prior rights relating to any individual crossing or Utility Facility, at the location of the PROJECT; and
Whereas, OWNER acknowledges that, generally, absent a showing of prior rights,the costs of relocation,
protection,removal, or adjustment performed by OWNER shall be borne by OWNER; and
Whereas, pursuant to O.C.G.A. § 32-6-170(b), DEPARTMENT is authorized to pay or participate in the
payment of the costs of relocation,protection, or adjustment of OWNER'S facilities where DEPARTMENT has
made the determination that (i) such payments are in the best interest of the public and necessary in order to
expedite the staging of the design-build project; and (ii) the costs of the removal, relocation, protection, or
adjustment of such facilities are included as part of the Contract between the Department and the Department's
roadway contractor for the design-build project; and
1. Type of Utility
OWNER has the following utility facilities which may need to be adjusted or relocated as a result of the
proposed PROJECT:
Type of facility or facilities of OWNER:
Domestic water mains and distribution lines and associated appurtenances
X Sanitary Sewer facilities and/or Storm Drainage System
Electrical Distribution(overhead and underground)wires, poles, etc.
Electrical Transmission(overhead and underground) wires,poles, etc.
Natural Gas Distribution Facilities (underground)
Natural Gas Transmission Facilities (underground)
Petroleum Pipeline(underground)
X Telecommunications facilities and equipment
Cable TV facilities
Street Lighting
Internet Data Service
Other Facilities (Description)
PI#210327
First Use: 7/16/2010
• Revised:09/26/2017
Page 2 of 6
2. New Utility Facilities Proposed (Betterment)
OWNER desires the following to be installed as new additional facilities within the PROJECT.
Insert here or attach a detailed description of proposed new additional utility installations:
3. Assignment of Responsibilities for Design and Construction
This MEMORANDUM OF UNDERSTANDING and the following shall serve as a basis for assignment
of responsibilities and costs for the DEPARTMENT, CONTRACTOR and the OWNER to enter into a
Standard Utility Agreement (SUA) or Contract Item Agreement (CIA), if necessary, with OWNER once
the PROJECT is awarded to the CONTRACTOR. For a PROJECT implementation, GDOT will not have
in its possession exact costing plans to be utilized to determine exact locations of the removal, relocation,
protection, or adjustment. However,Overhead/Subsurface Utility Engineering(SUE)investigations plans
exist providing the best information and signifying the layout of known existing facilities. Please use these
plans for developing the final determination of services as indicated below. The CONTRACTOR
developed plans will be provided to the OWNER after the design build project is awarded by GDOT
which shall be used by the CONTRACTOR as the final basis for the SUA or CIA. Betterment costs will
be the OWNER'S responsibility.
NOTE: Water and Sewer Design and Construction relocation work put in the contract will
automatically be accomplished by the DEPARTMENT'S CONTRACTOR. The UTILITY
OWNER will still have design approval authority. (No Pre-Approved Contractor/Consultant List
required,leave page 6 blank).If you are a Water& Sewer Utility and choose to put your relocation
Design and Construction in the contract, please check Design and Construction under Option 2
under 3B. Owner's electing to perform their own design, at their own cost, please select design
under 3C.
OWNER hereby intends to:
3A. OWNER, at the DEPARTMENT'S cost through an Agreement, will provide the following
services for the properties for which it has established prior rights (Check to signify):
Design
Construction
PI#210327
First Use: 7/16/2010
• Revised: 09/26/2017
Page 3 of 6
3B. OWNER, at the CONTRACTOR'S cost, for any removal, relocation, protection, adjustment
and/or design (Regardless of Prior Rights) will allow their facilities to be placed into the
DEPARTMENT'S contract for the following services pursuant to O.C.G.A. § 32-6-170(b). The
CONTRACTOR will add the removal,relocation,protection, materials, adjustment and/or design
cost, excluding betterment,to the overall PROJECT's cost. (Check to signify):
Option 1: OWNER wants the work to be performed by the OWNER's pre-approved Design
Consultants and/or Contractors.
Design
Construction
Option 2: OWNER wants the DEPARTMENT'S CONTRACTOR to perform the design
and/or construction. (Check to signify):
Design X
Construction X If both are checked, please leave page 6 blank.
As per this section, all work necessary for the removal,relocation,protection,or adjustment of the
described utilities in accordance with the plans when approved shall be included in the project
contract and accomplished by the CONTRACTOR except as follows(Check none or list any work
items to be performed by the OWNER)
None
Excluded Items
Comments:
3C. OWNER, at OWNER'S cost, will provide the following services (Check to signify):
Design
Construction
PI#210327
First Use:7/16/2010
• •Revised: 09/26/2017
Page 4 of 6
The following is hereby mutually agreed to and understood by both parties:
1. The identification of existing facilities including preparation of Overhead/Subsurface Utility Engineering
(SUE)investigations plans will be accomplished by the DEPARTMENT prior to award of the PROJECT and
thereafter supplemented by the CONTRACTOR.
2. The CONTRACTOR shall coordinate reviews of the utility relocation information and obtain acceptance from
the OWNER and DEPARTMENT when required. However; the OWNER shall apply for and obtain any
required permits from the DEPARTMENT and perform any final design or proprietary design needed to
administer its own relocation work if the work will not be included in the contract If the preliminary plans
indicate that no conflict exists, and the OWNER concurs with this information, the OWNER shall provide a
letter of"no conflict"to the CONTRACTOR.
3. After award of the PROJECT, the CONTRACTOR will research any claimed compensable property interest
for each OWNER claiming prior rights under section 3A and present the findings to the DEPARTMENT and
OWNER for approval. The plans and estimate for the utility work shall be subject to approval of both the
DEPARTMENT and the OWNER prior to construction. If the OWNER chooses to perform its own
relocations and the OWNER holds no property interest as stated above; the OWNER shall confirm in writing
that the OWNER will relocate its own facilities at no cost to the DEPARTMENT or the CONTRACTOR.
4. All construction engineering and contract supervision shall be the responsibility of the DEPARTMENT and
the CONTRACTOR to ensure that all utility work included in the contract is accomplished in accordance
with the PROJECT's plans and specifications. The CONTRACTOR will consult with the OWNER before
authorizing any changes or deviations which affect the OWNER's facility.
5. For utility work included in the contract, the CONTRACTOR shall ensure that the design/construction and
installation of the OWNER'S facilities is performed by a contractor/design consultant pre-approved/registered
with both the DEPARTMENT and the OWNER. For any work included in the contract, excluding water and
sewer,the OWNER will provide a list of pre-approved/registered contractors/design consultants on page 6 of
the MOU.
6. For Utility work included in the contract, the OWNER or the OWNER's Consultant shall have the right to
visit and inspect the work at any time and advise the CONTRACTOR and the DEPARTMENT'S Engineer
of any observed discrepancies or potential issues. The DEPARTMENT agrees to notify the OWNER when
all utility work is completed and ready for final inspection by the OWNER.
7. Upon Maintenance Acceptance or Final Acceptance of the utility work included in the contract and upon
certification by the DEPARTMENT'S Engineer and the OWNER that the work has been completed in
accordance with the plans and specifications, the OWNER will accept the adjusted, relocated, and additional
facilities and will thereafter operate and maintain said facilities located within the PROJECT right of way
subject to the DEPARTMENT'S Utility Accommodations Policy and Standards Manual (UAM), current
edition" and any agreements in effect without further cost to the DEPARTMENT or it's CONTRACTOR.
Final acceptance of the utility relocation work is accomplished by the execution of the Utility Facility
Relocation Acceptance Form. The CONTRACTOR shall provide the OWNER with a complete set of"As-
Built Plans"for review and approval reflecting the relocation work performed by the CONTRACTOR. Upon
completion of the Utility Facility Relocation Acceptance Form and the exchange of the final OWNER
approved"As-Built Plans",the OWNER will operate and maintain the installed facilities going forward based
on the date of execution of the Utility Facility Relocation Acceptance Form by the DEPARTMENT.
8. For utility coordination, relocation and reimbursement matters, the OWNER shall cooperate with the
CONTRACTOR in the same manner as if coordinating directly with the DEPARTMENT in accordance with
the laws of the State of Georgia, the DEPARTMENT'S UAM and any agreements in effect between the
DEPARTMENT and OWNER. The OWNER agrees to cooperate in good faith with the CONTRACTOR and
to respond to all requests for information or meetings required to reach a resolution of any disputed items.
PI#210327
First Use: 7/16/2010
` . Revised:09/26/2017
Page 5 of 6
9: All Utility work included in the PROJECT's contract and Utility work completed by the OWNER that is
reimbursed by the DEPARTMENT through an agreement shall be 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 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.
a. Products of steel include, but are not limited to, such products as structural steel piles,reinforcing
steel, structural plate, steel culverts, and guardrail steel supports for signs, signals and luminaires.
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.
b. 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 attached to this agreement as "Exhibit A." Records to be maintained by the
Developer 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 product or
nonpayment of the work.
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,,,(( .jNQ), ,.ptal„,ontract price or $2,500.00,
whichever is greater. The Memorandum of Under tanding will be incorporated into the project contract by
.. .
reference or Exhibit. ...
APPROVED FOR THE OWNER BY: i, ""._` '-x, �0
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"--4.4.4-------1 ---) 1 at••• :.' ,. - $ i
fSignature—Mayor Hardie Davis Jr.) (.V ) -- s I
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(Title) gMaav
APPROVED FOR THE DEPARTMENT BY:
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(Sign. re) (Date)�//
STATE UTILITIES ADMINISTRATOR
PI#210327
First Use:7/16/2010
.Revised:09/26/2017
Page 6 of 6
•
Pre-Approved Contractor List
Company Name:
Address:
Phone:
Contact Person:
E-Mail:
Company Name:
Address:
Phone:
Contact Person:
E-Mail:
Company Name:
Address:
Phone:
Contact Person:
E-Mail:
Please provide a minimum of three.
Pre-Approved Design Consultant List
Company Name:
Address:
Phone:
Contact Person:
E-Mail:
Company Name:
Address:
Phone:
Contact Person:
E-Mail:
Company Name:
Address:
Phone:
Contact Person:
E-Mail:
PI#210327