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Home My Public Portal AboutLazaretto Bridge contract.pdfDocuSign Envelope ID: A64425C4-37554162-81E5-6524QD1FCg20 GDQT Georg la Department of Transportation Russell R. McMurry, P.E., Commissioner One Georgia Center 600 West Peachtree Street, NW Atlanta, GA 30308 (404) 631-1000 Main Office September 20, 2022 PI No. 0017415 SR 26/US 80 @ Lazaretto Creek Honorable Shirley Sessions, Mayor Attn: Mr. Shawn Gillen, City Manager City of Tybee Island P.O. Box 2749 403 Butler Avenue Tybee Island, GA 31328 Dear Mr. Gillen: Enclosed is a Memorandum of Agreement (MOA) detailing Right of Way commitments for the above -referenced project, When this project was added to the Construction Work Program, the Local Government of Tybee Island agreed to fund 100% of the Right of Way phase. The Local Government will be responsible for providing payment of One Hundred Five Thousand Dollars ($105,000.00) to the DEPARTMENT within Ninety (90) days after the execution of this Agreement. All payments by the Local Government to the DEPARTMENT shall be sent as follows: For payments made by check: Georgia Department of Transportation P.O. Box 117138 Atlanta, GA 30368-7138 For payments made by ACH: Bank Routing (ABA) # 021052053 Account # 43125093 Please review the attached agreement, and, if satisfactory, execute the agreement within the Contract Authorization Tracking System (CATS) using the DocuSign® electronic signature system. DocuSign Envelope ID: A64425c4-3755.4162-61E5.65240D1 FC920 P1 No. 0017415, City of Tybee Island September 20, 2022 Page 2 Once the signed agreement is received within CATS, it will be routed for GDOT signatures, and them the City of Tybee island will be sent one copy of the fully executed agreement for the project file. if you have any questions about items contained in this agreement, please contact the Project Manager, Robert Johnson, at (470) 747-2555. Sincerely, Kimberly W. Nesbitt State Program Delivery Administrator C. KWN:CLB:CSL:RLJ Cc: Honorable Ann R. Purcell, State Transportation Board Member, Congressional District 1 Albert V. Shelby, Director of Program Delivery Troy D. Pittman, District 5 Engineer Jonathan Martinez, District 5 Preconstruction Engineer Attn: Katie Proctor, District Planning & Programming Manager DacuSign Envelope ID: A64425C4-3755-4962-81E5-6524OD1 FC920 MEMORANDUM OF AGREEMENT BY AND BETWEEN THE GEORGIA DEPARTMENT OF TRANSPORTATION AND THE CITY OF TYBEE ISLAND FOR EXECUTION OF RIGHT-OF-WAY PHASE OF PROJECT NO. 0017415 This Memorandum of Agreement is made and entered into this ("Effective Date"), by and between the GEORGIA DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia (hereinafter called the "DEPARTMENT°), and the CITY OF TYBEE ISLAND, a political subdivision of the State of Georgia, acting by and through its Mayor (hereinafter called the "LOCAL GOVERNMENT) (collectively DEPARTMENT and LOCAL GOVERNMENT shall be referred to collectively herein as "PARTIES" and individually as "PARTY"). WHEREAS, Project No. 0017415 has been added to the Statewide Transportation Improvement Plan to replace the existing bridge at Lazaretto Creek, in Chatham County, with a two-lane bridge that includes bicycle and pedestrian improvements (`PROJECT"); and WHEREAS, the LOCAL GOVERNMENT is responsible for the funding associated with the right-of-way phase of the PROJECT (hereinafter called "Right -of -Way Phase"); and WHEREAS, since the DEPARTMENT has primary responsibility for the planning, design, and subsequent construction and delivery of the PROJECT, the LOCAL GOVERNMENT would like the DEPARTMENT to perform the Right -of -Way Phase activities for the PROJECT; and WHEREAS, the DEPARTMENT is amenable to doing so if the LOCAL GOVERNMENT will comply with DEPARTMENTS policy requiring the LOCAL GOVERNMENT to pay 100% of all of the Right -of -Way Phase expenses incurred by the DEPARTMENT; and WHEREAS, the LOCAL GOVERNMENT is willing to pay all the DEPARTMENTS expenses to execute the Right -of -Way Phase of the PROJECT; and WHEREAS, the PARTIES wish to arrive at a formal understanding regarding their respective responsibilities as they relate to the implementation of the Right -of -Way Phase of the PROJECT. that: NOW THEREFORE, it is hereby agreed and understood by and between the PARTIES 1. The LOCAL GOVERNMENT shall pay all the DEPARTMENTS expenses associated with the Right -of -Way Phase of the PROJECT in accordance with the terms of this Memorandum of Agreement. The estimated cost of the DEPARTMENT S expenses for the Right -of -Way Phase for the PROJECT is One Hundred Five Thousand Dollars ($105,000.00). 2. Within ninety (90) calendar days of the Effective Date of this Memorandum of Agreement, the LOCAL GOVERNMENT shall remit to the DEPARTMENT the full amount of the One Hundred Five Thousand Dollars ($105,000.00) as payment of the estimated Right -of -Way Phase costs ("Payment"). a. The full amount of the Payment shall be applied by the DEPARTMENT to the costs incurred during the Right -of -Way Phase of the PROJECT, including, but not limited to, attorney fees (ownership verification forms, preliminary titles, closing fees, and condemnation fees, which include litigation costs); property pin replacement fees; DocuSlgn Envelope ID: A64425C4-3755-4162.-g1E5-6524001FC920 Project # 0017415, Chatham Count} recording fees (deeds and condemnation); appraisal fees; cost of right-of-way (whether by option, counteroffer or condemnation); relocation costs; and property management demolition costs_ b. The DEPARTMENT shall have no further obligation to the LOCAL GOVERNMENT under this Memorandum of Agreement if the full amount of the Payment is not timely remitted to the DEPARTMENT by the LOCAL GOVERNMENT. c. In the event that the DEPARTMENT's expenses for the Right -of -Way Phase of the PROJECT exceed the LOCAL GOVERNMENT'S Payment; the LOCAL GOVERNMENT shall pay the DEPARTMENT'S the full cost of any additional expenses incurred. The full amount of such additional costs shall be paid by the LOCAL GOVERNMENT within thirty (30) calendar days following receipt from the DEPARTMENT of written notification of the amount that the Right -of -Way Phase expenses for the PROJECT has exceeded the Payment. d. Under no circumstances will the DEPARTMENT have any obligation to refund or reimburse the LOCAL GOVERNMENT for any portion of the Payment or any supplement thereto that has been properly expended by DEPARTMENT pursuant to the terms of this Memorandum of Agreement. 3. The PARTIES recognize and agree that it may be necessary or convenient to amend this Memorandum of Agreement so as to provide for the orderly implementation of the undertakings described herein. The PARTIES agree to cooperate fully in connection with such amendments if and as determined necessary; provided, however, that no change, modification or amendment to this Memorandum of Agreement shall be effective unless the same is reduced to writing and signed by the PARTIES hereto. 4. This Memorandum of Agreement is executed in Fulton County of the State of Georgia, and all matters pertaining to its validity, construction, interpretation and effect shall be govemed by the laws of the State of Georgia. 5. Except as herein provided, the PARTIES will not transfer or assign all or any of their rights or interests hereunder or delegate any of their duties or obligations hereunder without the prior written consent of the other PARTY, which consent will not be unreasonably withheld. 6. No failure of either PARTY to exercise any right or power given to such PARTY under this Agreement or to insist upon strict compliance by the other PARTY with the provisions of this Memorandum of Agreement, and no custom or practice of either PARTY at variance with the terms and conditions of this Memorandum of Agreement will constitute a waiver of either PARTY'S right to demand exact and strict compliance by the other PARTY with the terms and conditions of this Memorandum of Agreement. 7. Each of the provisions of this Memorandum of Agreement will be binding upon and inure to the benefit and detriment of the PARTIES and their successors and assigns. 8. If any one or more of the provisions contained herein is for any reason held by any court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability will not affect any other provision hereof, and this Memorandum of Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 9. This Memorandum of Agreement constitutes the entire agreement and understanding between the PARTIES hereto and replaces, cancels, and supersedes any prior agreements, understandings relating to the subject matter hereof; and all prior representations, agreements, understandings, and undertakings between the PARTIES 2 DocuSign Envelope ID: A64425C43755-4162-81E5-65240D1Fc 920 Project # 0017415, Chatham County hereto with respect to the subject matter hereof are merges! herein. (REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.) In Process 3 DocuSign Envelope 10: A64425C4-3755-4162-81E5-65240DlFC920 Project # 0017415, Chatham County IN WITNESS WHEREOF, said PARTIES have hereunto set their seals the day and year above first written. GEORGIA DEPARTMENT OF TRANSPORTATION BY: RUSSELL R. MCMURRY Commissioner (SEAL) ATTEST: ANGELA O. WHITWORTH Treasurer CITY OF TYBEE ISLAND , Dod y by: BY: ✓�Sfss: SH I RLEY Stg `» MAYOR . ,``{l1{LLHIIlff�1� �..,. ri ) $LIC ' 734 Signed sealed and delivered this r '%;hC' OUN1, 7 71 -4 ,.,, 2022 in the day of 7c -��'!'L''NLL'L presence of: This Agreement approved by the Local Government, the /tS day of `7t z°zc.L� ,2022. Attest J8` C LeViner Name and Title 4 FEIN: DocuSign Envelope ID: A64425C4-3755-4162J31E5-6524ODi FC920 GEORGIA DEPARTMENT OF TRANSPORTATION PRELIMINARY ROW COST ESTIMATE SUMMARY Date: 6/16/2022 Project: SR 26/US 80 at Lazaretto Creek Revised: County: Chatham PL 0017415 Description: SR 26/US 80 Bridge Replacement at Lazaretto Creek Project Termini: Parcels: 1 Existing ROW: Varies Required ROW: Varies Land and Improvements $46,408.29 Proximity Ccmzge S 3 ConscquentivlDomese AOC Case to O,,et SiLW 7}ade fixtures $RW Impravemenrt .� Valuation Services Legal Services Relocation Demolition Administrative TOTAL ESTIMATED COSTS TOTAL ESTIMATED COSTS (ROUNDED) Prepared By: Benjamin M. Garland Jr. /14 '' ,)70,k6.0 6/16/2022 Print Name Signature Date Valencia Carter Yjste„rac a swerve Cost Estimation Supervisor : $5,000.00 $38,175.00 $3,000.00 $0.00 $12,000.00 $104,583.29 $105,000.00 Print Name Signature Date NOTE: Superviser is aniy attesting that the estimate was completed using the correct information provided for the the protect. The Supervisor Is not attesting to property values or the accuracy of the market value estimations provided in this report. No Market Appreciation is included in this Preliminary Cost Estimate. Comments: Land Sales have researched with Chatham County Tax Assessor site, GAMLS, and CoStar Data Service. Ail safes data Is in the appraisers' electronic work file and can be provided upon request. The project has been personally inspected by the appralser. There were no improvements with any contributory value that were affected try the projectfrom plans and inspection. Certificate Of Completion Envelope id: A64425C43755416281E565240D1FC920 Subject 48400-425-IGOPD2300883/CfY OF TYBEE ISLAND Source Envelope: Document Pages: 7 Certificate Pages: 5 AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (LfTC-05:00) Eastern Time (US & Canada) Record Tracking Status: Original 10/12/2022 3:12:30 PM Security Appliance Status: Connected Storage Appliance Status: Connected Signer Events Shirley Sessions ssessions@cityoftybee.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 10/27/2022 2:01:17 PM ID- 0ce5e899-fd1e-47a8-8ee6-c3f4e1545dd7 Janet LeVtner jleviner@cityoftybee.org Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 11/15/2022 9:44:38 AM ID: 56c2fca 5-7dfe-470 2 -95 ee-29 e3a 6de2df2 Russell R McMurry catscommisaioner@dot.ga.gov Security Level: In Session Electronic Record and Signature Disclosure: Accepted: 7/26/2021 12:44:29 PM ID:300af4e1-68da-47c5-887e-c649aaedd680 Angela O. Whitworth catstreasurerattest@dotga.gov Security Level: in Session Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Signatures: 1 Initials: 0 Holder: GDOT DocuSign Admin gdot contracts@dotga.gov Pool: StateLocat Pool: Georgia Department of Transportation Signature DantSiybed by: AF1c1easaiDAlO- Status: Sent Envelope Originator. GDOT DocuSign Admin 600 W Peachtree St, NW Atlanta, GA 30308 gdot_oontraCts@dOtga.gov IP Address: 143.100.53.12 Location: DocuSign Location: DocuSign Timestamp Sent 10/12/2022 3:27:56 PM Viewed: 10/27/2022 2:01:17 PM Signed: 11/14/2022 10:28:59 PM Signature Adoption: Drawn on Device Using IP Address: 73.21.113.122 C)CeS S Signed using mobile Signature Status Status Status Sent 11/14/2022 10;29:00 PM Viewed: 11/15/2022 8:44:38 AM Timestamp Timestamp Timestamp Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp 11...11111111.11 Electronic Record and Signature Disclosure Envelope Summary Events Status Envelope Sent Timestamps 111111.111 Hashed/Encrypted 10112/2022 3:27:57 PM Payment Events Status Timestamps In Process