RES 2020-08 Adopted RESOLUTION NO. 2020-08
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE THE PARTICIPATION
AGREEMENT WITH THE SOUTH CAROLINA DEPARTMENT OF
TRANSPORTATION FOR INSTALLATION OF MAST-ARM TRAFFIC SIGNAL POLES
AT THE MARTINTOWN ROAD (SC 230)/BERGEN ROAD (S-2180) INTERSECTION
WHEREAS, the intersection of Martintown Road (SC 230) and Bergen Road (5-
2180) in the City of North Augusta has been identified by the South Carolina Department of
Transportation (SCDOT) to be eligible for traffic signal improvements; and
WHEREAS, the City has requested that the project include the installation of mast-
arm poles in lieu of standard SCDOT equipment, and has agreed to pay the additional cost for
design and construction of those improvements; and
WHEREAS, the SCDOT has agreed to the City's request; and
WHEREAS, the final design has been completed and a cost estimate has been
prepared for the additional work requested by the City; and
WHEREAS, SCDOT estimates the total project cost to be $230,188.64; and
WHEREAS, the City's share of the cost is estimated to be $88,936.25; and
WHEREAS, SCDOT will manage the construction of the project in the same manner
and in accordance with the same procedures it follows with all SCDOT construction projects;
and
WHEREAS, it is in the interest of both the City and SCDOT to enter into an
agreement to define the relationship between and specify the respective responsibilities of the
City and SCDOT related to the completion of The City of North Augusta Intersection Project;
and
WHEREAS, SCDOT has prepared a Participation Agreement between the City and
SCDOT for The City of North Augusta Intersection Project; and
WHEREAS, City staff and the City Attorney have reviewed the Participation
Agreement and found it to be acceptable.
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RESOLUTION 10 APPROVE A PARTICIPATION AGIRMENT
WITH SCDOT FOR THE MARTINTOWN ROAD/BERGEN ROAD INTERSECTION
IMPROVEMENTS
NOW THEREFORE,BE IT RESOLVED by the Mayor and City Council of the City
of North Augusta,South Carolina,in meeting duly assembled and by the authority thereof that,
the City Administrator is duly authorized to execute the Participation Agreement with SCDOT
for The City of North Augusta Intersection Project.
BE IT FURTHER RESOLVED that the funding sources for the City's share of the
project cost shall be as follows:
Transportation Improvement Fund (revenue received per Ordinance
2006-04,to be used for future Martintown Road access $ 83,773.00
Capital Projects Fund fund balance $ 5,163.25
Total $ 88,936.25
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA,SOUTH CAROLINA,ON THIS Ark4
DAY OF ,Uerrh 2020.
Robert A. Pettit, Mayor
ATT'E'ST: l D
AA4mt,Ot "Iuk..
Sharon Lamar, City Clerk
FPA-9-20
Project ID:P039567
CFDA No.10.3: Cost Center:
Highway Plaening &C ..uoai.. was No.:
Fund:
Functianol Aren: J
Financial Participation Agreement & Contract
Between the
South Carolina Department of Transportation
And the
City of North Augusta
This Agreement executed on this .3y,,L day of Alarch 20,W covers the financial
responsibilities of the South Carolina Department of Transportation (hereinafter"SCDOT"), and
City of North Augusta, (hereinafter"PARTICIPANT") (collectively "the Parties") for the below
described Project:
WrrNESSETH THAT:
WHEREAS,SCOOT is an agency of the State of South Carolina with the authority to enter
into contracts necessary for the proper discharge of its functions and duties;and
WHEREAS, PARTICIPANT is a body politic with all the rights and privileges of such
including the power to contract as a necessary and incidental power to carry out PARTICIPANT's
functions covered under this Agreement;
NOW THEREFORE, in consideration of the several promises to be faithfully performed
by the parties hereto as set forth herein, the SCOOT and PARTICIPANT do hereby agree as
follows:
I. PROJECT DESCRIPTION:
The City of North Augusta Intersection Project which is the subject of this Agreement is
generally described as follows: The project includes the installation of mast arm signals in
lieu of standard SCOOT equipment at the following intersection: SC 230 (Martintown
Road)and S-2180(Bergen Road),Aiken County,South Carolina.
Exhibit A (attached hereto and specifically made a part of this Agreement) represents
additional project details and a map depicting the project area.
The project as described above shall be referred hereinafter as"the Project."
II. SCDOT RESPONSIBILITIES:
SCDOT will bid and let the Project.
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d. Funding Summary
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VI. INVOICING/PAYMENT SCHEDULE:
a. PARTICIPANTS share of funding for the Project is estimated at$88.936.25.SCDOT
will invoice PARTICIPANT based on this Agreement approximately 30 days after
execution of this Agreement.
b. PARTICIPANT shall remit payment to SCDOT within 30 days of receipt of invoice.
No work on the Project shall begin until payment is received.
VII. GENERAL TERMS,
a. PERIODIC REPORTS. SCDOT's Project Manager will periodically update
PARTICIPANT concerning the status of the Project.
b. COST UNDERRUNS. In the event that the total cost of the Project is less than
originally estimated, SCDOT will determine and refund any excess amount paid to
SCDOT by PARTICIPANT. The refund will be made within 30 days of the final
completion and closure of the Project within SCDOT's accounting office. Refunds will
not be unreasonably withheld,denied,or delayed. SCDOT shall retain any remaining
Project funds from SCDOT's maximum funding amount. No additional work shall be
added to the Project even if there are cost underruns or Project award underruns. At
PARTICIPANT's request SCDOT may consider an exception to this requirement on a
case by case basis.
c. COST OVERRUNS. If it becomes apparent that the cost of the Project will exceed the
funding available, SCDOT will provide PARTICIPANT notice prior to total
expenditure of funding available and provide the estimate of funds needed to complete
the Project. PARTICIPANT shall remit to SCDOT within 30 days of receipt of the
notice the additional funds needed to complete the Project. No work will be completed
beyond that covered by the available funds. If PARTICIPANT does not have the
additional funding needed to complete the Project. SCDOT and PARTICIPANT will
mutually agree in writing on a revision to the Project scope and termini that is in
accordance with the available budget. SCDOT will not participate in the cost of
overruns.
d. MAINTENANCE RESPONSIBILITY. PARTICIPANT shall be responsible for
maintenance, repairs, and replacement of mast arms, all associated hardware in or on
the mast arm,all conduit maintenance and replacements throughout the use of the mast
arms at the signal locations. Maintenance will follow SCDOT's "Engineering
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Directive Memorandum (EDM) Number 33", SCDOT's "Mast Arm Specifications"
and any modifications or amendments to this Directive, incorporated herein by
reference. This memorandum is located at: http://info2.scdot.org/ED/ED/ED-33.pdL
Once the Mast Arms are designed, installed, operational, and released from the
contractor's responsibilities, SCDOT will maintain the traffic signal while
PARTICIPANT will continue to maintain the most arms in accordance with EDM 33.
PARTICIPANT shall complete the mast arm information form found on page 3 of
EDM 33 and submit this form to the District Seven SCDOT office.
e. CONFORMITY TO LAWS. The Parties hereto agree to conform to all
applicable SCDOT policies,all Slate, Federal,and local laws,rules,regulations,and
ordinances governing agreements or contracts relative to the acquisition,design,
construction, maintenance,and repair of roads and bridges,and other services
covered under this Agreement.
I. AMENDMENTS. PARTICIPANT, or its authorized agent, shall agree to hold
consultations with SCDOT as may be necessary with regard to the execution of
supplements to this Agreement during the course of this Project for the purpose of
resolving any items that may have been unintentionally omitted from this Agreement.
Such supplemental agreements shall be subject to the approval and proper execution of
the Parties hereto. No amendment to this Agreement shall be effective or binding on
any Party hereto unless such amendment has been agreed to in writing by all Paries
hereto.
g. REVIEWS/APPROVALS. Any and all reviews and approvals required of the Parties
herein shall not be unreasonably denied or withheld.
h. TERMINATION. This Agreement may be terminated by either Parry upon written
notice in the event of substantial failure by the other Party to perform,through no fault
of the terminating Party in accordance with the terms herein.The Party so notified shall
immediately stop work on the Project. This Agreement may also be terminated for
convenience. If the services covered under this Agreement are not performed, this
Agreement is then terminated. In the event of termination for convenience or for any
reason each Party to this Agreement is obligated on a quantum mernit basis.
i. DISPUTES. All claims or disputes shall be filed with SCDOT's Project Manager and
the Paries will meet to attempt to resolve the dispute or claim. If unable to resolve the
dispute with the Project Manager, PARTICIPANT may appeal the claim or dispute to
SCDOT's Deputy Secretary for Engineering. The decision of SCDOT's Deputy
Secretary for Engineering in the matter shall be final and conclusive for both Parties.
j. FUTURE CONSTRUCTION PROJECTS PARTICIPANT acknowledges SCDOT's
resurfacing program and other construction programs do not account for the cost of
protecting and/or replacement of enhancements. This cost is the sole responsibility of
PARTICIPANT. SCDOT will notify PARTICIPANT prior to resurfacing or
construction and provide a time period for PARTICIPANT to provide the additional
funding for one of the following:
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1. The additional cost to protect the enhancement;or
2. The cost for SCDOT to replace the enhancement.
Failure of PARTICIPANT to provide the additional funding within the time period
specified by SCDOT will result in SCDOT's milling and resurfacing the enhancement.
PARTICIPANT may replace the enhancement at the PARTICIPANT's expense after
resurfacing by encroachment permit.
VIII. CONSENT OF MUNICIPALITY. Pursuant to the South Carolina Code of Laws Section
57-5-820, if applicable, PARTICIPANT does hereby consent to the construction of the
Project within its corporate limits. The forgoing consent shall be the sole approval
necessary for SCDOT to complete the Project as described in this Agreement, and
constitutes a waiver of any and all other requirements with regard to the construction within
PARTICIPANT's corporate limits. If PARTICIPANT is not a municipality and the Project
is within the corporate limits of a municipality, PARTICIPANT will obtain the required
consent of the municipality.
IX. SUCCESSORS AND ASSIGNS: SCDOT and PARTICIPANT each bind themselves and
their respective successors,executors, administrators, and assigns to the other Party with
respect to these requirements, and also agrees that neither Party shall assign, sublet, or
transfer its respective interest in the Agreement without the written consent of the other.
X. EXECUTION IN COUNTERPARTS. This Agreement may be executed and delivered in
counterparts, and if so executed, shall become effective when a counterpart has been
executed and delivered by both Parties hereto. All counterparts taken together shall
constitute one and the same Agreement and shall be fully enforceable as such. Delivery of
counterparts via facsimile transmission or via email with scanned attachment shall be
effective as if originals thereof were delivered.
Xl. ENTIRE AGREEMENT: This Agreement with attached Exhibits and Certification
constitutes the entire Agreement between the Paries. The Agreement is to be interpreted
under the laws of the State of South Carolina.
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IN WITNESS WHEREOF,the parties have caused this Agreement to be executed on
their behalf
SIGNED,SEALED AND DELIVERED
IN THE PRESENCE OF Ct�y
TEFA't OF NORTH AUGUSTA
W/" NtJ
Witness By;
-Aa &V�-
(Signature)
Title: Tn-terim 6;}j Qminisb-et'or
SOUTH CAROLINA DEPARTMENT OF
TRANSPORTATION
By:
Witness Deputy Secretary for Finance&Administration or
Designee
RECOMMENDED BY:
//
`-ge L5 20 FEB go
Deputy Secretary or Designee
REVIEWED
^,BY:
Title:�� UPA L,C �..�. ..�
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EXHIBIT A
PROJECT DETAILS AND PROJECT AREA MAP
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