HomeMy WebLinkAboutTRANSIT OPERATING ASSISTANCE BETWEEN DEPARTMENT OF TRANSPORATION & ARCAGREEMENT
FOR
TRANSIT OPERATING ASSISTANCE
BETWEEN
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
AND
AUGUSTA - RICHMOND COUNTY, GEORGIA
THIS AGREEMENT is made and entered into this \(; day of s, 2 -11
by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia,
hereinafter called the "DEPARTMENT ", and AUGUSTA - RICHMOND COUNTY, GEORGIA,
hereinafter called the "SPONSOR ", hereinafter sometimes collectively referred to as the "parties ".
WHEREAS, 49 U.S.C. Section 5311, provides for transit operating assistance for public
transportation services to non - urbanized areas; and
WHEREAS, in a letter to the Federal Transit Administration ( "FTA "), and the Federal Highway
Administration, ( "FHWA "), dated January 24, 1979, the Governor, designated the DEPARTMENT as
the recipient agency for Section 5311 funding; and
WHEREAS, the SPONSOR has stated that transit operating assistance is needed for
transportation services in its non - urbanized area and it would, therefore, perform certain of the duties
and provide resources in order to receive said Section 5311 Funds of the Federal Transit Act; and
WHEREAS, in reliance on said SPONSOR the DEPARTMENT has applied to FTA for said
Section 5311 funds and in so doing states that the required duties would be discharged pursuant to a
written contract between the parties; and
WHEREAS, under Section 32 -9 -2 of the Official Code of Georgia Annotated, the
DEPARTMENT is authorized to participate in such an undertaking.
s.9 NOW THEREFORE, for and in consideration of the mutual promises and covenants made, it is
agreed by and between the DEPARTMENT and the SPONSOR that:
ARTICLE I
SCOPE AND PROCEDURE
This Agreement covers the obligations of the DEPARTMENT and the SPONSOR in connection with
the FTA'S granting Section 5311 funds to the DEPARTMENT for operating assistance for public
transportation in the Augusta - Richmond County, Georgia area, the terms and conditions of said
funding as agreed to in the Application for funding, marked as Section 5311 Application, herein
referred to as PROJECT APPLICATION, on file at the DEPARTMENT and incorporated by reference
as if fully set out herein.
(a) The SPONSOR agrees to comply with all the terms and conditions required by FTA
under the PROJECT APPLICATION.
(b) The SPONSOR shall use the funds provided by the DEPARTMENT to operate a public
transportation service in the Augusta - Richmond County, Georgia area and the
SPONSOR agrees to provide from local funding sources, excluding all available federal
funds, funds to pay its local matching share of the cost of operating a public
transportation service for the period of this Agreement. However, the SPONSOR may
provide in -kind services for any or all of its share of the operating costs.
(c) The SPONSOR agrees that it, or any operator of public transportation on its behalf, will
not engage in school bus operations, exclusively for the transportation of students or
school personnel, in competition with private school bus operators, except as provided
under Section 3(g) of the Federal Transit Act, and published in FTA regulations on
school bus operations.
(d) The SPONSOR agrees that it, or any operator of public transportation acting on its
behalf, will not engage in charter bus operations outside the area within which it
provides regularly scheduled public transportation services, except as provided under
Section 3(f) of the Federal Transit Act, and published in FTA regulations on charter bus
operations.
(e) The SPONSOR and any mass transportation operator under it will conform to the
reporting system in FEDERAL ACQUISITION REGULATIONS, SUBPART 31.6.
(f) The SPONSOR will make all purchases under this Agreement through competitive
bidding in accordance with the DEPARTMENT's established procedure.
(g) The SPONSOR shall prohibit its employees from using their positions for a purpose
that is or gives the appearance of being motivated by a desire for private gain, for
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themselves or others, particularly, those with whom they have family, business, or other
ties.
(h) The SPONSOR shall comply with all relevant Federal and State laws and regulations
relating to the Section 5311 Program, as well as those regulations and requirements
included in the Federal Office of Management Circular A -87, FTA Circular 9040.113
relating to private sector participation guidelines, and those applicable provisions of the
Hatch Act.
(i) The SPONSOR shall keep accurate records in a manner approved by the
DEPARTMENT, and shall submit to the DEPARTMENT, upon request, such
information as is required in order to assure compliance.
ARTICLE II
COVENANT AGAINST CONTINGENT FEES
The SPONSOR shall comply with all relevant Federal, State, and Local laws. The SPONSOR
warrants it has not employed or retained any company or person, other than a bona fide employee
working solely for the SPONSOR to solicit or secure this Contract, and it has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the SPONSOR, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, the
DEPARTMENT shall have the right to annul this Contract without liability or at its discretion to
deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift or contingent fee.
ARTICLE III
AUTHORIZATION AND APPROVAL
It is understood and agreed by the parties to this Agreement, that the SPONSOR shall satisfy the terms
of this Agreement commencing upon the beginning of the operating period and continuing until the
end of the operating period as defined in the EXHIBIT A. The work shall be carried on expeditiously
and in general accordance with the scope and procedure with recognition that unforeseen events may
make necessary some minor variations. It is understood and agreed this Agreement is contingent upon
FTA approval of the funding assistance and distribution as described in EXHIBIT A for this project.
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ARTICLE IV
RESPONSIBILITY FOR CLAIMS AND LIABILITY
The SPONSOR shall be responsible for any and all damages to property or persons and shall save
harmless the DEPARTMENT, its officers, agents, and employees, from all suits, claims, actions, or
damages of any nature whatsoever resulting from the negligence of the SPONSOR in the performance
of work under this Agreement. Further, the SPONSOR agrees to hold harmless the DEPARTMENT
from suits, claims, actions, or damages of any nature whatsoever by any person, firm, corporation, or
governmental body resulting from negligence in the installation and operation of equipment or material
purchased by the SPONSOR in whole or in part with funds received under this Agreement or from the
operation of equipment and materials already owned by the SPONSOR.
ARTICLE V
COMPENSATION
It is understood and agreed that the total estimated eligible net project cost, the difference between
eligible operating expenses and eligible revenues and defined in FTA Circular 9040.1E, for the
provisions of operating assistance by the DEPARTMENT as shown in EXHIBIT A, as attached hereto
and made a part of this Agreement as if fully set out, is TWO HUNDRED TWENTY -FOUR
THOUSAND SEVENTY -EIGHT AND 00 /100 Dollars ($224,078.00). For the purposes of the
DEPARTMENT'S participation in the costs by the SPONSOR, it is agreed that the DEPARTMENT'S
maximum obligation for the SPONSOR'S operating assistance program shall be ONE HUNDRED
TWELVE THOUSAND THIRTY -NINE AND 00 /100 Dollars ($112,039.00). It is further understood
and agreed that any operating system income received through Purchase of Service and farebox may
be applied as revenue to determine the net operating deficit.
If the total estimated eligible net project cost of the SPONSOR'S public transportation service, for the
operating period beginning July 1,2009 and ending June 30, 2010, as reflected in the final audit, is less
than TWO HUNDRED TWENTY -FOUR THOUSAND SEVENTY -EIGHT AND 00 /100 Do Mars
($224,078.00), then the DEPARTMENT shall be required to pay only fifty percent (50 %) of the total
incurred direct administrative and operating costs, less any income received through Purchase of
Service from system operations in excess of the SPONSOR'S share up to an estimated maximum of
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ONE HUNDRED TWELVE THOUSAND THIRTY -NINE AND 00 /100 Dollars ($112,039.00, which
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includes the administrative and operating costs as established in EXHIBIT A.
It is further understood and agreed that any line item budget estimate shown in PROJECT
APPLICATION may be increased or decreased without the execution of a Supplemental Agreement,
provided that the DEPARTMENT'S total maximum obligation under this agreement is not changed, if
said change is requested in writing by the SPONSOR and approved in writing by the DEPARTMENT.
ARTICLE VI
SUBSTANTIAL CHANGES
If, prior to the satisfactory completion of the PROJECT under this Agreement, the DEPARTMENT
materially alters the scope, character, complexity or duration of the PROJECT from those required
under the Agreement, a Supplemental Agreement may be executed between the parties.
Minor changes in the work with 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 either
the DEPARTMENT or the SPONSOR with written approval by the other party.
ARTICLE VII
SUB - CONTRACTING OF SERVICE
The SPONSOR agrees it will not engage, sub - contract or otherwise pass through funding authorized
by this Agreement to any operator of public transportation services without the specific written consent
of the DEPARTMENT. Such Agreement shall be a written Contract between the SPONSOR and the
operator and be approved as to form and content by the DEPARTMENT.
ARTICLE VIII
PAYMENT
A. PARTIAL PAYMENT: The SPONSOR shall submit to the DEPARTMENT monthly
statements of the operating costs incurred during the period of this Agreement. Upon
submission by the SPONSOR, and based upon its review and approval of said monthly
statements by the DEPARTMENT, payments will be made less any previous payments made or
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in the process of payment. It is agreed that under no circumstances will the DEPARTMENT be
responsible or obligated to pay to the SPONSOR more than the amounts specified in Article V,
Compensation, for the operating period covered under this Agreement.
The SPONSOR further expressly agrees that the DEPARTMENT may set -off against the
partial payment provided hereunder, an amount equal to that amount which has been identified
by either state or federal audit as an unallowable expenditure in any contract between the
SPONSOR and the DEPARTMENT on which payments have been made, subject to final audit.
B. FINAL PAYMENT: IT IS AGREED that the SPONSOR shall submit to the DEPARTMENT
an audited final statement of operating costs incurred for the period July 1,2009 to June 30,
2010, such period constituting the operating period covered under this Agreement. Billings
shall be submitted no later than 90 days after the end of the operating period. Said statements
shall reflect all eligible operating costs incurred for the SPONSOR'S public transportation
services. The audit of the final statement shall be performed by an independent auditor or audit
firm and shall conform to OMB CIRCULAR A -133. The DEPARTMENT, at its discretion,
may accept the independent audit or conduct its own audit of operating costs. If any costs
covered under the terms of this Agreement are disallowed by either the DEPARTMENT or
FTA, the SPONSOR, and not the DEPARTMENT or FTA shall be responsible for such
disallowed costs. Upon approval of the final statement by the DEPARTMENT, the
DEPARTMENT will pay a sum equal to one hundred percent (100 %) of the remaining balance
compensation it owes the SPONSOR The SPONSOR agrees that the acceptance of this final
payment shall be in full settlement of all terms stated under this Agreement and shall release
the DEPARTMENT from any and all other claims of whatever nature whether known or
unknown, for and on account of said Agreement.
If a final audit statement is not received by the DEPARTMENT by ninety days from the
contract expiration date, the DEPARTMENT may at its discretion consider the last invoice
submitted by the SPONSOR as the final invoice and may proceed with final close out
proceedings. In completing the final close out, the DEPARTMENT may set -off against any
remaining balance in any contract between the DEPARTMENT and SPONSOR an amount
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` equal to the unallowable expenditure as provided for herein, under Partial Payment. Upon
transmission of the audit certification, from the DEPARTMENT to the SPONSOR, this
Agreement will be considered closed and all terms satisfied, provided, however this does not
relieve the SPONSOR from the responsibility of submitting to the DEPARTMENT a final
audit report.
ARTICLE IX
MAINTENANCE OF COST RECORDS
The SPONSOR shall maintain all books, documents, papers, accounting records and other evidence
pertaining to costs incurred by the SPONSOR in operating the SPONSOR'S Public Transportation
Services for the period July 1,2009 to June 30, 2010 and shall make such material available at all
reasonable times during the period of this Agreement, and for three (3) years from the date of the final
payment under this Agreement, for the inspection by the DEPARTMENT and FTA, and copies shall
be furnished if requested.
ARTICLE X
CONTRACT DISPUTES
This Agreement shall be deemed to have been executed in Fulton County, Georgia, and all questions of
interpretation and construction shall be governed by the Laws of the State of Georgia.
ARTICLE XI
TERMINATION
The Department reserves the right to terminate this Agreement at any time upon thirty (30) days
written notice to the SPONSOR notwithstanding any just claims by the SPONSOR.
ARTICLE XII
COMPLIANCE WITH APPLICABLE LAWS
A. The undersigned certify that the provisions of Sections 45 -10 -20 through 45 -10 -28 of the Official
Code of Georgia Annotated, relating to Conflict of Interest, have been complied with in full.
B. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors
to comply with requirements in EXHIBIT B, CERTIFICATION OF SPONSOR,
COMPLIANCE WITH STATE AUDIT REQUIREMENT, attached hereto and made a part of
this Agreement as if fully set out herein.
C. IT IS FURTHER CERTIFIED that 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, as stated in EXHIBIT C of this Agreement.
D. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors
to comply with requirements in GEORGIA DEPARTMENT OF TRANSPORTATION, TERMS
AND CONDITIONS, United States of America Department of Transportation Federal Transit
Administration, Master Agreement, located at www.fta.dot.gov /documents /16- Master.pdf ,
incorporated by reference and made a part of this Agreement as if fully set out herein.
E. It is further agreed that the SPONSOR shall comply with the provisions of Section 16 -10 -6 of the
Official Code of Georgia Annotated relating to elected officers of a political subdivision who sell
any personal property to political subdivisions if they are officers.
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.
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IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the
day and year above first written.
DEPARTMENT OF TRANSPORTATION BY
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Commissioner (SEAL)
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Treasurer _
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AUGUSTA - RICHMOND COUNTY, GEORGIA
BY: SEAL
Title:
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IN THE PRESEN o•
W A / ms _
Sworn and subscribed to me this
fc ayof ,20 /D
Notary P is (SEAL)
Notary Public, Colu- .rnbla County, Georgia
My Cornmissaon Expirm July 27, 2010
FEDERAL EMPLOYER
IDENTIFICATION NUMBER:
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EXHIBIT A
BUDGET ESTIMATE
TRANSIT OPERATING ASSISTANCE FOR AUGUSTA - RICHMOND COUNTY, GEORGIA
FOR PERIOD JULY 1,2009 TO JUNE 30, 2010
TOTAL FTA LOCAL
SECTION 5311
--------------------------------------------
NET OPERATING DEFICIT:
ADMINISTRATIVE AND $224,078.00 $112,039.00 $112,039.00
OPERATING COSTS
(Note 1)
TOTAL BUDGET $224,078.00 $112,039.00 $112,039.00
Note 1 - (Administrative and Operating) 50% Federal; 50% Local
PROJECT ID NUMBER: T003111
GRANT NUMBER: GA -18 -4030
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EXHIBIT B
CERTIFICATION OF SPONSOR
COMPLIANCE WITH STATE AUDIT REQUIREMENT
I hereby certify that I am a prin an d duly authorized representative of A - C , — _,� hose
address ' C-1 Cr, Q. -r- , and it is also certified that:
J
The rovisions of Section 36 -81 -7 of the Official Code of Georgia Annotated, relating to the
"Requirement of Audits" shall be complied with throughout the contract period in full such that:
(a) Each unit of local government having a population in excess of 1,500 persons or expenditures
of $175,000.00 or more shall provide for and cause to be made an annual audit of the
financial affairs and transactions of all funds and activities of the local government for each
fiscal year of the local government.
(b) The governing authority of each local unit of government not included above shall provide
for and cause to be made the audit required not less often than once every two fiscal years.
(c) The governing authority of each local unit of government having expenditures of less than
$175,000.00 in that government's most recently ended fiscal year may elect to provide for and
cause to be made, in lieu of the biennial audit, an annual report of agreed upon procedures for
that fiscal year.
(d) A copy of the report and any comments made by the state auditor shall be maintained as a
public record for public inspection during the regular working hours at the principal office of
the local government. Those units of local government not having a principal office shall
provide a notification to the public as to the location of and times during which the public
may inspect the report.
(e) The audits of each local government shall be conducted in accordance with the
generally accepted government auditing standards.
/( Z., t
Date
f O-AA Signature
jtt i P1
EXHIBIT C
CERTIFICATION OF SPONSOR
DRUG -FREE WORKPLACE
I hereby certify that I am a principal and duly authorized representative of � - V
whose address is . � `1 S� �i�tt�'�"-d .. , and it is also certi that:
(1) 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; and
(2) A drug -free workplace will be provided for the Sponsor's employees during the performance of the
contract; and
(3) Each subcontractor hired by the Sponsor shall be required to ensure that the subcontractor's
employees are provided a drug -free workplace. The Sponsor shall secure from that subcontractor
the following written certification: "As part of the subcontracting agreement with the Sponsor,
certifies to the Sponsor that a drug -free workplace will be provided for the subcontractor's
employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the
Official Code of Georgia Annotated Section 50- 24 -3 "; and
(4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution,
dispensation, possession, or use of a controlled substance or marijuana during the performance of
the contract.
oo -y.�_
Date Ajig Signat
tj tt oto
APPENDIX A
CERTIFICATION OF SPONSOR
A
I hereby certi that I am tke and duly authorized representative of the
firm - � Qccl Covi whose address is
Q_n_ , I hereby certify to the best of my knowledge and belief that:
� Gk, � , Dk
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any Federal agency,
a Member of Congress, an officer or employee of Congress, or any employee of a Member of
Congress in connection with the awarding of any Federal contract, the making of any Federal grant,
the making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying', in accordance
with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000.00 and not more than $100,000.00 for each such failure.
The prospective participant also agrees by submitting its bid the participant shall require that the language of this
certification will be included in all lower tier subcontracts which exceed $10,000.00 and that all such sub -
recipients shall certify and disclose accordingly.
I also certify that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage contingent fee, or other
consideration, any firm or person (other than a bona fide employee working solely for me or the
above Sponsor) to solicit or secure this agreement.
(b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the Agreement, or
(c) paid or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above Sponsor) any fee, contribution, donation, or consideration of any kind
for, or in connection with, procuring or carrying out the agreement; except as here expressly stated
(if any):
I acknowledge that this certificate is to be furnished to the Department of Transportation and the Federal Transit
Administration, U.S. Department of Transportation, in connection with this Agreement involving participation of
Federal -aid Transit funds, and is subject to applicable State and Federal laws, both criminal and civil.
l 1 `z( iv
Date
A (0 S , nature
, �eJ
V
APPENDIX B
CERTIFICATION OF DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
I hereby certify that I am the Commissioner of the Department of Transportation of the State of Georgia, and that
the above consulting firm, or its representative has not been required, directly or indirectly as an express or implied
condition in connection with obtaining or carrying out this Agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or
consideration of any kind; except as here expressly stated, (if any):
I acknowledge that this certificate is to be furnished to the Federal Transit Administration, U.S. Department of
Transportation, in connection with this Agreement involving participation of Federal -aid Transit Funds, and is
subject to applicable State and Federal Laws, both criminal and civil.
- /I —to ,.. K
Date Commissioner
APPENDIX C
PRIMARY CONTRACTOR
CERTIFICATION REGARDING DISBARMENT, SUSPENSION,
AND
OTHER RESPONSIBILITY MATTERS
I hereby c rtify that, I am the and duly authorized epresentative of
yvhose address is �' d I certify that
I h read and understand the attached instructions and that to the best of my wle an belief the firm and its
representatives:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from covered transactions by the Georgia Department of Transportation and by any Federal department or
agency;
(b) Have not within a three year period preceding this Agreement been convicted of or had a civil judgement
rendered against the firm or its representatives for commission of fraud or a criminal offense in connection
with obtaining, attempting to obtain or performing a public (Federal, State, or Local) transaction or contract
under a public transaction in violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offense enumerated in paragraph (b) of this certification;
(d) Have not within a three year period preceding this Agreement had one or more public transaction (Federal,
State or Local) terminated for cause or default; and
(e) That the firm will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transaction" as attached hereto and without motivation, in
all lower tier covered transactions and in all solicitations for lower tier covered transactions.
I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this
firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification
erroneous, including termination of this Agreement and other remedies available to the Georgia Department of
Transportation and Federal Government.
I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in
connection with this Agreement involving participation of Federal-Aid Transit Funds, and is subject to applicable State and
Federal laws, both criminal and civil.
1 r> - (X --- - (SEAT )
Date A&m Signature
j�'tf`,�IJIU
/1WWD1017►:41:
LOWER TIER CONTRACTOR
° CERTIFICATION REGARDING DISBARMENT, SUSPENSION,
AND
OTHER RESPONSIBILITY MATTERS
I hereb i c rtify that I am the 2aQCSJ and duly
*- whose address i
I read and understand the attached instructions and that to the best o my Wm
representatives:
>resentative of
end I certify that
the firm and its
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from covered transactions by the Georgia Department of Transportation and by any Federal department or
agency;
(b) I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and
that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that
would render this certification erroneous, including termination of this Agreement and other remedies
available to the Georgia Department of Transportation and Federal Government.
(c) I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in
connection with the Prime Contractor Agreement involving the participation of Federal -Aid Transit Funds,
and is subject to applicable State and Federal laws, both criminal and civil.
t / IL
to . 0'�4-4 - (SEAL)
Date On Si ature
0o 10