HomeMy WebLinkAboutAUGUSTA PLANNING AND DEVELOPMENT FHWA METROPOLITAN PLANNING PROGRAM FY 2013METROPOLITAN TRANSPORTATION
PLANNING SERVICES CONTRACT
AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT
FHWA METROPOLITAN PLANNING PROGRAM
PLANNING (PL) FUNDS
FY 2013
PROJECT ACCOUNT NUMBER: PL000- 0010 -00 -802
CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 20.205
FEDERAL -AID PARTICIPATING PROJECT
PI Number 0010802 -PLN
Federal Share 80% $ 294,435.13
Local Match Share 20% $73,608.78
Total Contract Cost $ 368,043.91
METROPOLITAN TRANSPORTATION PLANNING SERVICES CONTRACT
Between the
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
600 WEST PEACHTREE STREET NW
ATLANTA, GEORGIA
and the
AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT
THIS AGREEMENT is made and entered into this 7th day of July , 2012,
by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of
Georgia, hereinafter called the "DEPARTMENT ", and AUGUSTA, GEORGIA, a political
subdivision organized and existing under the laws of the State of Georgia, with the AUGUSTA,
GEORGIA PLANNING AND DEVELOPMENT DEPARTMENT, a department within the
Augusta, Georgia consolidated government, serving as and hereinafter called the
"DESIGNATED AGENCY ".
WHEREAS, the DEPARTMENT is recognized by the United States Department of
Transportation as the agency responsible for cooperative, comprehensive, continuing
transportation planning pursuant to the provisions of the Intermodal Surface Transportation
Efficiency Act of 1991, 23 U. S. C. Section 134, the Federal Transit Act , 49 U.S.C. Section
5303; and relevant amendments and subsequent legislation pertaining thereto; and
WHEREAS, the DEPARTMENT is responsible for developing a workable formula for
distributing the apportionment of planning funds pursuant to the provisions of 23 U.S.C. 104 (f)
(4); and
WHEREAS, the DEPARTMENT desires to participate jointly with the DESIGNATED
AGENCY to perform certain services which will consist of providing the local information for
the continuing transportation planning process as stated in the Work Program which is affixed to
this Agreement under the label of Exhibit A, entitled "Work Program, Fiscal Year 2013"
hereinafter called the "PROJECT ".
NOW THEREFORE, it is agreed by and between the DEPARTMENT and the
DESIGNATED AGENCY that:
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ARTICLE I
SCOPE AND PROCEDURES
The scope and procedure of the PROJECT shall be that stated in the Work Program,
which is affixed to this Agreement under the label of Exhibit A, entitled "Work Program, Fiscal
Year 2013", the same as if fully set forth herein.
The DESIGNATED AGENCY shall perform the services to accomplish the work as
stated in the aforementioned Work Program and shall do so under such control and supervision
by the DEPARTMENT as the DEPARTMENT may deem appropriate.
The DEPARTMENT shall perform the services incumbent upon it as stated in the
aforementioned Work Program.
ARTICLE II
EMPLOYMENT OF DEPARTMENT'S PERSONNEL
The DESIGNATED AGENCY shall not employ any person or persons in the employ of
the DEPARTMENT for any work required by the terms of this Agreement, without the written
permission of the DEPARTMENT except as may otherwise be provided for herein.
ARTICLE III
REVIEW OF WORK
Authorized representatives of the DEPARTMENT and Federal Government may at all
reasonable times review and inspect the PROJECT activities and data collected under this
Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates,
maps, and computations, prepared by or for the DESIGNATED AGENCY, shall be made
available to authorized representatives of the DEPARTMENT and representatives of the Federal
Government for inspection and review at all reasonable times. Acceptance shall not relieve the
DESIGNATED AGENCY of its professional obligation to correct, at its own expense, any of its
errors in the work.
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ARTICLE IV
AUTHORIZATION AND APPROVAL
TIME IS OF THE ESSENCE TO THIS AGREEMENT. The DESIGNATED AGENCY
shall initiate the work called for in the Work Program on July 1, 2012. The work outlined
therein shall be completed no later than December 31, 2013. The work shall be carried on
expeditiously and in accordance with the work schedule as exhibited in Exhibit C.
ARTICLE V
RESPONSIBILITY FOR CLAIMS AND LIABILITY
The DESIGNATED AGENCY 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 DESIGNATED AGENCY in the performance of work under this Agreement.
A. Total Cost
ARTICLE VI
COMPENSATION
The total estimated allowable cost, as shown in Exhibit B, attached hereto and
incorporated herein by reference, for the completion of the PROJECT is Three Hundred Sixty -
Eight Thousand, Forty -three dollars and Ninety -one cents ($368,043.91). It is agreed that the
amount which the DEPARTMENT shall be obligated to pay is Eighty percent (80 %) of total cost
which represents the Federal Share of the cost of the PROJECT up to $294,435.13. The
DEPARTMENT is obligated to pay the Federal Share totaling 80% of the total contract amount.
However, if the sum total of the allowable cost for the PROJECT should be less than the total
estimated allowable cost, then it is further agreed that the DEPARTMENT shall be obligated to
pay only the 80% Federal Share of the allowable cost incurred. In no event shall the
DEPARTMENT be obligated to pay more than the $294,435.13 Federal Share. Also, it is
agreed that the amount which the DESIGNATED AGENCY shall be obligated to pay is 20 %,
which represents the Local Match share of the cost of the PROJECT up to $73,608x78.
However, if the sum total of the allowable cost should be less than the total estimated allowable
cost it is agreed that the DESIGNATED AGENCY shall pay a 20% match of the allowable cost
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incurred. Should the total cost of the project exceed the estimated allowable cost of Three
Hundred Sixty -Eight Thousand, Forty -three dollars and Ninety -one cents ($368,043.91), the
DESIGNATED AGENCY shall pay 100% of the excess amount. Notwithstanding any of the
foregoing, the DEPARTMENT shall not be required to pay the Federal Share, if the Federal
Share is not provided to the DEPARTMENT by the Federal Highway Administration.
B. Allowable Costs
Allowable costs shall include both direct and indirect costs incurred by the
DESIGNATED AGENCY which is provided for in the budget estimate in Exhibit B and subject
to the maximum limitation prescribed in Article VI and the limitations outlined below:
1. Direct Cost
The DEPARTMENT shall pay to the DESIGNATED AGENCY for the performance of
this Agreement an amount equal to such direct costs as are incurred by the DESIGNATED
AGENCY and are chargeable to the PROJECT under generally accepted accounting principles
and as allowed in the Federal Acquisition Regulations, 49 CFR, Part 18, "Contracts with State,
Local, and Federally Recognized Indian Tribal Governments ", and not prohibited by the laws of
the State of Georgia, including salaries and wages, and the cost of travel, and other
miscellaneous direct costs incurred by the DESIGNATED AGENCY. As specified in Article X,
the validity of the direct costs may be verified from the cost records of the DESIGNATED
AGENCY by authorized representatives of the DEPARTMENT and Federal Government as the
work progresses, and in any event, before final settlement of the DESIGNATED AGENCY'S
costs under this Agreement or amendments hereto.
The cost of any nonexpendable tools, instruments, or equipment used in the execution
and performance of the PROJECT shall not be an allowable direct cost when such items are of
the nature and kind of tools, instruments or equipment normally and generally used in an office
or laboratory, provided however that the cost of data processing equipment shall be an allowable
expense when such expenditure complies with the provisions of Office of Management and
Budget (OMB) Circular No. A -87 & A -102 and is specifically detailed in Exhibit A and Exhibit
B of this Agreement. If at any time during the duration of the PROJECT data processing
equipment's useful life the DESIGNATED AGENCY fails to utilize such equipment for the
purpose of accomplishing the PROJECT, the DEPARTMENT, at its discretion, may require the
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DESIGNATED AGENCY to remit to the DEPARTMENT 100% of the DEPARTMENT'S
Federal and State Share of the fair market value, if any, of such equipment. For the purpose of
this Article, the fair market value shall be deemed to be the value of the equipment as determined
by an appraisal conducted as soon as feasible after such withdrawal or misuse occurs or the
actual proceeds from the public sale of such equipment, whichever is approved by the
DEPARTMENT.
The rate of compensation for work performed on the PROJECT by a professional staff
member or employee of the DESIGNATED AGENCY shall not exceed the salary rate that is
applicable to said person's other activities for the DESIGNATED AGENCY. Charges for
salaries and wages of the individuals will be supported by time and attendance and payroll
distribution records. Premiums paid for overtime, extra -pay shifts, and multi -shift work are not
reimbursable under this Agreement unless such costs are included in the budget estimate in
Exhibit B or unless such costs have been given prior written approval by the DEPARTMENT.
No expense for travel outside the State of Georgia shall be an allowable direct cost under
this Agreement unless such travel is listed in the budget estimate in Exhibit B, or approved in
advance by the DEPARTMENT. Expenses incurred from travel within the State of Georgia
shall be limited to the amounts allowed under current approved State Rates for food, fuel,
mileage, and lodging accommodations. In addition, direct allowable costs for travel within the
State of Georgia shall be limited to the amount included in the budget estimate in Exhibit B, or
unless prior DEPARTMENT approval is obtained for increasing such amount.
2. Indirect Costs
The DEPARTMENT shall reimburse the DESIGNATED AGENCY for such indirect
costs as are properly chargeable to the PROJECT under generally accepted accounting
principles and as allowed in the Federal Acquisition Regulations, 49 CFR, Part 18, "Contracts
with State, Local, and Federally Recognized Indian Tribal Governments ", and not prohibited by
the laws of the State of Georgia. Such indirect costs consist of Fringe Benefits and Indirect
Personnel as listed Exhibit B. Fringe Benefits shall be reimbursed at a provisional rate of 98% of
the amount paid as direct salaries and wages to persons employed by the DESIGNATED
AGENCY on the PROJECT. Upon completion of the PROJECT, fmal payment for indirect
costs shall be determined by the DEPARTMENT'S audit of the DESIGNATED AGENCY'S
accounts to establish the actual allowable overhead rate experienced during the period of the
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Agreement. It is understood; however, that the DEPARTMENT may accept a federal audit in
lieu of its own audit or at the DEPARTMENT'S option, the DEPARTMENT may accept an
audit by an independent accountant or accounting firm. The audit of an independent accountant
or accounting firm shall be made and reported in accordance with audit requirements, 49 CFR
Part 18.26, Part 18.36, and 23 CFR 12. The DESIGNATED AGENCY shall insure that the
independent accountant or accounting firm shall make available upon request to authorized
representatives of the DEPARTMENT all audit work papers pertaining to this AGREEMENT to
determine said final payment for indirect costs.
In the event that the DESIGNATED AGENCY'S actual allowable overhead rate during
the period of this Agreement is less than the provisional overhead rate established herein, the
DESIGNATED AGENCY shall reimburse the DEPARTMENT the difference between the
indirect cost actually paid and the actual allowable indirect cost as determined by the final audit
in accordance with the provisions of this Article.
The DESIGNATED AGENCY further agrees that the decision of the DEPARTMENT in
the establishment of the actual allowable overhead rate for final payment of indirect costs shall
be final.
The validity of these indirect cost payments may be verified from the indirect cost
records of the DESIGNATED AGENCY by authorized representatives of the DEPARTMENT
and Federal Government as the work progresses and in any event before final settlement of the
DESIGNATED AGENCY'S costs under this Agreement, or amendments hereto.
ARTICLE VII
SUBSTANTIAL CHANGES
If, prior to the satisfactory completion of the services, under this Agreement, the
DEPARTMENT materially changes the scope, character, complexity, or duration of the services
from those required under the basic Agreement, a supplemental agreement may be executed
between the parties. Minor changes which do not involve compensation in the Scope and
Procedure, extension of the term, or the goals and objectives of the PROJECT may be made by
written notification of such change by either party with written approval of the other party.
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ARTICLE VIII
PARTIAL PAYMENT
The DESIGNATED AGENCY shall submit to the DEPARTMENT itemized vouchers
showing, in reasonable detail, the actual allowable costs per work element, incurred by the
DESIGNATED AGENCY on the PROJECT for the voucher period. A summary of the cost
breakdown and work progress for each work element shall accompany each voucher. Upon the
basis of its review of such vouchers, the DEPARTMENT may, at the request of the
DESIGNATED AGENCY, make payment to the DESIGNATED AGENCY as the work
progresses but not more often than four times during the fiscal year. The vouchers shall be
numbered consecutively and subsequent vouchers shall be submitted every three months until the
PROJECT is completed. Payment shall be made in the amount of sums earned less previous
partial payments.
ARTICLE IX
FINAL PAYMENT
IT IS FURTHER AGREED that upon completion by the DESIGNATED AGENCY and
acceptance by the DEPARTMENT of the work, that the DESIGNATED AGENCY shall submit
to the DEPARTMENT a written submission for final payment not more than ninety (90) days
after the completion date of the project. Upon receipt of any final written submission by the
DESIGNATED AGENCY, the DEPARTMENT shall pay the DESIGNATED AGENCY a sum
equal to one hundred (100) percent of the allowable cost set forth herein less the total of all
previous partial payments, paid or in the process of payment.
The DESIGNATED AGENCY agrees that acceptance of this fmal payment shall be in
full and fmal settlement of all claims arising against the DEPARTMENT for work done,
materials furnished, costs incurred, or otherwise arising out of the Agreement and shall release
the DEPARTMENT from any and all further claims of whatever nature, whether known or
unknown for and on account of said Agreement, and for any and all work done, and labor and
materials furnished, in connection with same.
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ARTICLE X
MAINTENANCE OF CONTRACT COST RECORDS
The DESIGNATED AGENCY shall maintain all books, documents, papers, accounting
records, and other evidence pertaining to costs incurred on the PROJECT and shall make
material available at all reasonable times during this period of the Agreement, and for three years
from the date of final payment under the Agreement, for inspection by the DEPARTMENT, and
the Federal Highway Administration and any reviewing agencies, and copies thereof shall be
furnished upon request.
The DESIGNATED AGENCY shall certify that items of equipment included in direct
costs have been excluded from the indirect costs.
The DESIGNATED AGENCY agrees that the provisions of this Article shall be included
in any contracts it may make with any subcontractor, assignee, or transferee.
ARTICLE XI
SUBCONTRACTS, ASSIGNMENT, OR TRANSFER
It is understood by the parties to this Agreement that the work of the DESIGNATED
AGENCY is considered personal by the DEPARTMENT. The DESIGNATED AGENCY
agrees not to assign, sublet, or transfer any or all of its interest in the Agreement without prior
written approval of the DEPARTMENT and the Federal Highway Administration. The
DESIGNATED AGENCY also agrees that all subcontracts shall be subject to the provisions
contained in the Agreement and also agrees that any subcontracts exceeding $10,000 in cost shall
contain all the required provisions of this Agreement. All consultants hired by the
DESIGNATED AGENCY shall be on the DEPARTMENT'S pre - qualified consultants list.
ARTICLE XII
USE OF DOCUMENTS
The DESIGNATED AGENCY agrees that all reports, drawings, studies,
specifications, estimates, maps, computations, and other data, prepared by or for it under the
terms of this Agreement shall be made available to the DEPARTMENT and the Federal
Highway Administration at all reasonable times during the period of the Agreement and upon
termination or completion of the work. The DEPARTMENT shall have the right to use same
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without restriction or limitation and without compensation to the DESIGNATED AGENCY
other than that provided for in this Agreement.
ARTICLE XIII
TERMINATION
The DEPARTMENT reserves the right to terminate this Agreement at any time for just
cause, or for any cause, upon 30 days written notice to the DESIGNATED AGENCY,
notwithstanding any just claims by the DESIGNATED AGENCY for payment of services
rendered prior to the date of termination.
ARTICLE XIV
PUBLISHED REPORTS
IT IS FURTHER AGREED that all published reports shall include a disclaimer provision
on the cover or title page in the following form:
"The opinions, findings, and conclusions in this publication are those of the
author(s) and not necessarily those of the Department of Transportation, State of
Georgia, or the Federal Highway Administration."
All reports published by the DESIGNATED AGENCY shall contain a credit reference to
the Federal Highway Administration such as:
"Prepared in cooperation with the Department of Transportation, Federal
Highway Administration."
ARTICLE XV
COPYRIGHTING
The DESIGNATED AGENCY shall be free to copyright material developed under this
Agreement with the provisions that the DEPARTMENT and the Federal Highway
Administration reserve a royalty -free, non - exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, the work for government purposes.
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ARTICLE XVI
COVENANT AGAINST CONTINGENT FEES
The DESIGNATED AGENCY shall comply with all relevant federal, state and local
laws. The DESIGNATED AGENCY warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the DESIGNATED AGENCY, to
solicit or secure this Agreement and that it has not paid or agreed to pay any company or person,
other than a bona fide employee working solely for the DESIGNATED AGENCY, any fee,
commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or
resulting from the award or making of this Agreement. For breach or violation of this warranty,
the DEPARTMENT shall have the right to annul this Agreement 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 XVII
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 XVIII
COMPLIANCE WITH APPLICABLE LAW
A. The undersigned certify that the provisions of Sections 45 -10 -20 through 45 -10 -28 of
the Official Code of Georgia Annotated, relative to conflict of interest, have been complied with
in full.
B. It is further agreed that the DESIGNATED AGENCY shall comply with the
regulations for Compliance with Title VI of the Civil Rights Act of 1964 as amended, and 23
CFR 200 as stated in Appendix A of this Agreement.
C. As provided in Appendix B of this Agreement, the undersigned certifies that it is the
DESIGNATED AGENCY and it is eligible to receive the Federal funding assistance provided
for in this Agreement.
D. As provided in Appendix C of this Agreement, the undersigned certify that the
Provisions of Section 50 -24 -1 through 50 -24 -6 of the Official code of Georgia Annotated,
"Drug -Free Workplace Act ", have been complied with in full.
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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 hands and affixed their seals the
day and year above first written.
DEPARTMENT OF TRANSPORTATION AUGUSTA, GEORGIA
Commissioner (SEAL)
AI TEST:
Treasurer
.1
1 ,1 FPI
12
fV
Mayor
Witness
Signed, Sealed & Delivered
in the )rigaY e of
This
NOTARY PUBLIC
Commission
tkorr 13, 201,1
I attest that the Corporate Seal attached to this
Document is in fact the seal of the
Corporation and that the Officer of this
Corporation executing this Document does in
fact occupy the official position indicated and
is duly authorized to execute such document
on behalf of this Corporation.
CERTIFICATION OF DESIGNATED AGENCY
I hereby certify that I am the DIRECTOR and duly authorized representative of the AUGUSTA
PLANNING AND DEVELOPMENT DEPARTMENT whose address is 525 Telfair Street
Augusta, Georgia 30901. and that neither 1 nor the entity 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 commission to solicit or
secure the Agreement.
(b) agreed. as an express or implied condition for obtaining this Agreement, 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 department) any
fee, contribution, donation, or consideration of any kind, 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 Georgia Department of Transportation
and the Federal Highway Administration, U.S_ Department of Transportation, in connection with
the Agreement involving participation of Federal-Aid highway funds, and is subject to applicable
State and Federal laws, both criminal and civil.
(Date)
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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 Augusta Planning & Development Department 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 the Federal Highway Administration, U. S.
Department of Transportation, in connection with this Agreement involving participation of
Federal-Aid highway funds. and is subject to applicable State and Federal laws, both criminal
and civil.
t-
(Da (Signature)
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EXHIBIT A
WORK PROGRAM
FISCAL YEAR 2013
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WORK PROGRAM
The purpose of this Work Program is to identify the tasks to be carried out in
transportation planning by the DESIGNATED AGENCY in continuing the Augusta Regional
Transportation Study (ARTS) for a one -year period. The Work Program is designed to fulfill the
requirements of the current Memorandum of Understanding executed in 2012, between the
current participating parties involved, including Georgia Municipalities of Augusta, Hephzibah,
Blythe, and Grovetown, the Georgia Counties of Richmond and Columbia, the AUGUSTA
PLANNING AND DEVELOPMENT DEPARTMENT, the Georgia Depaitinent of
Transportation, the County of Aiken, South Carolina, the South Carolina Municipalities of
Aiken, North Augusta and Burnettown, the South Carolina Department of Transportation, Fort
Gordon, and local transit providers known as Augusta Public Transit and Aiken Public Transit
(previously known as Best Friend Express), in cooperation with the U.S. Department of
Transportation. The DESIGNATED AGENCY will ensure the most recent agreement is upheld
and is in good standing.
The aforementioned Memorandum of Understanding identifies in detail all participants,
both governmental and non - governmental, that make up the various committees involved in the
Augusta Regional Transportation Study. Copies of this memorandum are on file with the
DEPARTMENT and the DESIGNATED AGENCY.
SCOPE AND PROCEDURES
The Scope and procedure of the PROJECT shall be that stated as follows:
Program Administration and Implementation
Work Element 1.1— Program Coordination /Study Direction and Administration
The DESIGNATED AGENCY shall coordinate the activities of the MPO with the City
of Augusta, Richmond County, Columbia County, the DEPARTMENT, the Federal Highway
Administration and other transportation stakeholders within the ARTS Study area.
The DESIGNATED AGENCY shall be responsible for travel to meetings with ARTS
participants, as well as other transportation related meetings and conferences.
The Executive Director of the DESIGNATED AGENCY shall serve as the Augusta
Regional Transportation Study (ARTS), Project Director Implementation of the ARTS planning
efforts by the planning commission planning staff shall be under his control.
The DESIGNATED AGENCY shall prepare and provide progress reports for the Policy
Committee, which is primarily composed of principal officials of the participating governmental
jurisdictions of the ARTS area. The Policy Committee is responsible for the review and
approval of the ARTS Transportation Plan and all aspects of the Study.
The Executive Director of the DESIGNATED AGENCY shall serve as the chairperson of
the ARTS Technical Coordinating Committee (TCC). The DESIGNATED AGENCY shall
provide the necessary staff assistance to the TCC. The TCC is responsible for furnishing the
Policy Committee and the Citizens Advisory Committee (CAC) information and with providing
the Policy Committee with the technical assistance needed in assessing transportation planning
problems and alternatives in the ARTS Area. The TCC is composed of technical staff members
and representatives of participating governmental jurisdictions of the ARTS.
The DESIGNATED AGENCY shall provide necessary staff assistance to the Technical
Coordinating Committee (TCC). The TCC Committee is responsible for analyzing detailed
transportation planning studies or issues and making recommendations to the TCC.
The DESIGNATED AGENCY shall coordinate with study participants, governments,
citizens, and monitor the work program schedule, provide progress reports to the Policy
Committee and the Citizens Advisory Committee, and organize, set -up and announce ARTS
Committee meetings (Technical Coordinating Committee (TCC), Policy Committee, TCC Sub-
committees, Citizens Advisory Committee, and Special Committees) and prepare agendas,
develop presentations, and distribute minutes of the meetings.
The DESIGNATED AGENCY shall be responsible for travel to meetings with ARTS
participants, as well as other transportation related meetings or conferences.
The DESIGNATED AGENCY shall determine and insure compliance with the
Metropolitan Planning Rule of the U.S. Department of Transportation as documented in the
Federal Register on October 28, 1993 and designated as 23 CFR Part 450 and 49 CFR Part 613.
The DEPARTMENT shall prepare for and attend various transportation related
committee meetings and public hearings, prepare correspondence regarding the transportation
study, establish appropriate technical procedures, prepare narratives and other status reports as
required by the Federal Highway Administration (FHWA) and conduct clearinghouse -type
planning reviews.
The DESIGNATED AGENCY shall assure the preparation of proper study records for
the development of an Annual Report of Performance, Study Certification and other reports as
needed. The annual performance report shall be due to the DEPARTMENT no later than August
31, 2013.
The DESIGNATED AGENCY shall prepare project information sheets for TIP and Long
Range Transportation Plan amendments as required by the various transportation related
committees or appropriate governmental agency.
Work Element 1.2 RESERVED
Work Element 1.3 - Training / Continuing Staff Education
The DESIGNATED AGENCY shall be responsible for professional development
training of its staff members involved in ARTS activities. The DESIGNATED AGENCY shall
encourage staff members to participate in transportation planning related seminars, conferences
and meetings on such topics as computer applications, GIS, financing, environmental documents,
historic preservation, safe communities, SAFETEA -LU, and air quality.
Work Element 1.4 RESERVED
Work Element 1.5 RESERVED
Work Element 1.6 - Preparation of Unified Planning Work Program (UPWP)
The DESIGNATED AGENCY shall prepare and publish a Unified Planning Work
Program for Fiscal Year 2014 (July 1, 2013 - June 30, 2014) documenting the work
accomplished on the Augusta Regional Transportation Study in Fiscal Year 2013 (July 1, 2012 -
June 30, 2013) and describing the work to be undertaken on the Augusta Regional
Transportation Study in Fiscal Year 2014, as well as the funding required and sources of funds.
The DESIGNATED AGENCY shall perform the following activities in developing the
FY 2014 UPWP.
1. Review transportation planning issues in the ARTS Area including SAFETEA-
LU's eight planning factors;
2. Review other area planning activities, including those funded by non -PL sources;
3. Review changes in planning requirements following authorization of SAFETEA-
LU.
4. Prepare work element descriptions which address those issues and other goals of
the planning process;
5. Identify program responsibilities for each work element;
6. Prepare cost estimates and secure proposed funding sources;
7. Submit the new UPWP covering FY 2014 for review and adoption of the ARTS
Policy Committee.
The DEPARTMENT shall assist the DESIGNATED AGENCY in the preparation of the
Draft FY 2014 Unified Planning Work Program, prepare the Section 112 Metropolitan Planning
Services Contract for FY 2013 and review work accomplished, on a quarterly basis, for the FY
2014 PL Contact in order to authorize the appropriate payment. Ten copies of the Draft FY 2014
Unified Planning Work Program shall be due to the DEPARTMENT no later than March 1,
2013. The budget estimate for the FY 2014 PL Contract and ten copies of the Final FY 2014
Unified Planning Work Program shall be due to the DEPARTMENT no later than April 1, 2013
and May 15, 2013 respectively.
The DESIGNATED AGENCY shall prepare and submit to the DEPARTMENT an
Annual Performance Report meeting Federal Requirements by August 31, 2013.
Public Involvement
Work Element 2.1- Community Outreach/ Education
The DESIGNATED AGENCY shall provide the DEPARTMENT with the necessary
support data for projects as they advance toward implementation.
The DESIGNATED AGENCY shall provide information, upon request, to the ARTS
participants and the general public on all aspects of the planning process.
The DESIGNATED AGENCY shall provide for public involvement during the project
selection process in the development of the ARTS TIP and Tier 2 Program and in the update and
maintenance of the ARTS 2035 Transportation Plan and other ARTS products. The
DESIGNATED AGENCY shall abide by the public participation procedures that were adopted
by the ARTS Policy Committee. The DESIGNATED AGENCY shall schedule additional public
involvement activities to increase public understanding of the planning process. The
DESIGNATED AGENCY also shall review and evaluate the overall public participation process
to determine if it can be made more effective. The DESIGNATED AGENCY shall continue to
publish a quarterly newsletter as a tool for public involvement. The cost of advertising
scheduled public involvement activities and opportunities shall be payable under this work
element. The DESIGNATED AGENCY also shall maintain the ARTS web site.
The DEPARTMENT shall attend and participate in public hearings, provide project
concept information, provide traffic projections, and supply other analysis and support data for
special planning activities not included as separate items in the UPWP.
Work Element 3.1 Environmental Justice Update Socio Economic Data Base
The DESIGNATED AGENCY shall ensure the full and fair participation by all
potentially affected communities in the transportation decision - making process and prevent the
denial of, reduction in or significant delay in the receipt of benefits by minority and low- income
populations.
The DESIGNATED AGENCY shall identify and involve traditionally underserved
communities in ARTS Study Area in the ARTS transportation planning process as identified in
the ARTS Public Involvement Plan.
Work Element 3.2 Update Land Use Monitoring Database
The DESIGNATED AGENCY shall maintain the environmental / historic resource
database.
Work Element 3.3 RESERVED
Work Element 3.4 — Transportation Surveys, Models and Analysis
The DESIGNATED AGENCY shall use computer modeling techniques to respond to
questions pertaining to travel demand changes whenever adjustments are made to either the land
use or the transportation system. In accomplishing this work, the TP +/VIPER program package
and/or other computerized techniques shall be used to evaluate transportation needs.
The DEPARTMENT shall have the responsibility of securing, testing, and evaluating any
TP +/VIPER system upgrades. In addition the DEPARTMENT shall execute the assignment
procedures for the systems tests promulgated by either the MPO or itself and furnish the test
results, model inputs, and control files to ARTS.
The DEPARTMENT shall maintain the "official" model for the ARTS. All action
affecting the Long Range Transportation Plan shall be reflected in the "official" model.
System Planning
Work Element 4.1— Congestion Management
The DESIGNATED AGENCY shall establish, implement and maintain a Congestion
Management System as required of all TMAs in accordance with 23 CFR part 450.320 (c),
450.336 (b) and 500.109 of the Federal Regulations.
The DEPARTMENT shall coordinate with the DESIGNATED AGENCY in the
development and implementation of the ARTS CMS Work Program.
Work Element 4.2- Transit/Paratransit
Work Element 4.2.1 — Public Administration— Augusta Public Transit and
ParaTransit
The DESIGNATED AGENCY shall provide planning assistance and related project
development support for the continuing service operations of Augusta Area Public Transit.
The DESIGNATED AGENCY shall provide appropriate planning information for
monthly meetings of the Augusta Area Public Transit board, transit- related public hearings and
other transit- related meetings.
Efforts shall include elements which address the transit and para - transit planning
activities and provision of transit services for the elderly and the disabled.
Work Element 4.2.2 — Management and Operations Augusta Public Transit
The DESIGNATED AGENCY shall explore alternative financial resources that may be
available to assist public transit in the ARTS area, including updating the Financial Capacity
Assessment.
Work Element 4.2.3 — Program Administration -Aiken County Public Transit and
ParaTransit
The DESIGNATED AGENCY shall provide planning assistance and related project
development support for the continuing service operations of Aiken County Public Transit
(ACPT).
The DESIGNATED AGENCY shall provide appropriate planning information for
monthly meetings of the ACPT board, transit - related public hearings and other transit- related
meetings.
Efforts shall include elements which address the transit and para - transit planning
activities and provision of transit services for the elderly and the disabled.
Work Element 4.2.4 — DBE Planning
The DESIGNATED AGENCY shall assist APT with requirements to comply with
regulations concerning the Disadvantaged Business Enterprise Program. Submission of annual
goals and maintenance of the DBE program shall be included under this element.
Work Element 4.2.5 — Transit Project Administration — (SC)
The DESIGNATED AGENCY shall assist the ACPT staff in administering transit
planning and services to support and fund transit activities, and providing reports and
documentation of services.
Work Element 4.2.6- Coordination of Non - Emergency Services / Compementary
Paratransit Plan
The DESIGNATED AGENCY shall conduct transportation planning activities that focus
on the provision of sufficient public transportation service for the elderly and disabled and to
implement Americans with Disabilities Act requirements.
The DESIGNATED AGENCY shall perform an annual update of the complementary
paratransit plan for Augusta Public Transit and Aiken County Transit.
Work Element 4.2.7 — Marketing and Public Information (SC)
The DESIGNATED AGENCY shall assist the Aiken County Public Transit system with
a marketing strategy, marketing plan, new service, information on planning and schedules and
special elderly fares and service, and activities to improve the awareness of public transit.
Work Element 4.2.8— Short Range Transit Planning — (SC)
The DESIGNATED AGENCY shall assist the ACPT staff in developing short range
transit planning goals and strategies for supporting transit activities, and providing reports and
documentation of services.
Work Element 4.2.9 — Long Range Transit Planning —
The DESIGNATED AGENCY shall assist the ACPT staff in developing long range
transit planning goals and strategies for supporting transit activities, and providing reports and
documentation of services.
Work Element 4.2.10 — Transit Financial Planning — (SC)
The DESIGNATED AGENCY shall assist the ACPT staff in developing transit financial
planning goals and strategies for supporting and funding transit activities, and providing reports
and documentation of services.
Work Element 4.2.11— Environmental Justice / Title VI
The DESIGNATED AGENCY shall assist to develop plans and identify needs of low-.
income and minority populations, as defined under Executive Order 12898 and Title VI of the
1964 Civil Rights Act, and address those needs by increase partnerships with low- income and
minority populations and the organizations that serve them.
Work Element 4.3 - Intermodal Planning
This element shall enable the DESIGNATED AGENCY to continue evaluation of the
rail/highway conflicts in the ARTS area, to conduct freight related studies when needed, and to
identify possible solutions to problem locations as they relate to modal connections.
Upon request, the DEPARTMENT shall assist the DESIGNATED AGENCY by providing
technical assistance and information as necessary. The DESIGNATED AGENCY and
DEPARTMENT shall continue to coordinate efforts and activities associated with reducing
railroad/highway conflicts.
Work Element 4.4 — Air Quality Issues
The DESIGNATED AGENCY and DEPARTMENT shall review and analyze
information concerning the Environmental Protection Agency's proposed changes to the
National Ambient Air Quality Standards (NAAQS), as they may apply to the ARTS Area. The
DESIGNATED AGENCY and the DEPARTMENT shall cooperate with other agencies as
needed should the ARTS Area be designated, or included in an area designated, as a non-
attainment area. The DESIGNATED AGENCY shall be responsible for compliance with the
requirements to meet the Clean Air Act, subsequent amendments, and the revised National
Ambient Air Quality Standards.
Work Element 4.5 RESERVED
Work Element 4.6 RESERVED
Work Element 4.7 RESERVED
Work Element 4.8 - Geographic Information System/ Internet Development and
Applications
The DESIGNATED AGENCY shall cooperate with, and provide assistance to, Augusta -
Richmond County, Columbia County, and Aiken County as the ARTS participants implement
independent GIS initiatives. Although separate GIS efforts are underway, participation of the
DESIGNATED AGENCY may assist with development of compatible databases for the ARTS
area. The DESIGNATED AGENCY also shall develop a digital base map of the street and
highway network in Augusta - Richmond County and develop initial applications including, but
not limited to, land use and demographic elements.
Funds from this work element shall be made available for purchasing computer hardware
and software to be utilized in support of transportation planning activities.
Work Element 4.9 RESERVED
Work Element 4.10 RESERVED
Work Element 4.11 - Long Range Transportation Plan Update
The DESIGNATED AGENCY and DEPARTMENT shall cooperate in maintaining the
adopted ARTS 2035 Transportation Plan. The DESIGNATED AGENCY shall be responsible
for collecting base year socio- economic data and forecasting horizon year data. The
DEPARTMENT shall be responsible for updating and maintaining the travel demand models and
highway network database. The DESIGNATED AGENCY shall document any changes made to
the Adopted ARTS 2035 Transportation Plan. The DESIGNATED AGENCY shall assist the
DEPARTMENT in the evaluation of any existing or proposed transportation projects as directed
by the ARTS Policy Committee or the ARTS Technical Coordinating Committee. The
Transportation Plan's recommendations shall be reviewed and approved by the Technical
Coordinating, Citizen's Advisory, and Policy Committees. Additional citizen input shall be
solicited through the activities of the ARTS Public Involvement Process.
The DESIGNATED AGENCY shall provide additional planning level detail for those
projects on the adopted Year 2035ARTS plan which are approaching short-range programming
and implementation status. Additionally, the DESIGNATED AGENCY shall assist in
evaluating any alternate transportation projects proposed by the transportation committees, local
officials and officials of the DEPARTMENT.
In close coordination with the DEPARTMENT, the DESIGNATED AGENCY shall
continue activities necessary to refine and update the ARTS year 2035 Transportation Plan.
The Transportation Plan's recommendations shall be reviewed and approved by the
Technical Coordinating, Citizen's Advisory, and Policy Committees. Additional citizen input
shall be solicited through the activities of the ARTS Public Involvement Process. In close
coordination with the DEPARTMENT, the DESIGNATED AGENCY shall also continue
activities necessary to create and update the upcoming ARTS year 2040 Long Range
Transportation Plan.
The 2040 Transportation Plan's recommendations shall be reviewed and approved by the
Technical Coordinating, Citizen's Advisory, and Policy Committees. Additional citizen input
shall be solicited through the activities of the ARTS Public Involvement Process leading up to
the finalization of the 2040 Long Range Transportation Plan.
The DESIGNATED AGENCY shall fully document revisions to the ARTS year 2035
Transportation Plan including the technical data and procedures as well as the alternatives
evaluated. In addition, the DESIGNATED AGENCY shall provide to the Policy Committee and
the DEPARTMENT a copy of the published advertisement for major amendments to the
Transportation Plan along with written notification that the amendment process has been
completed in compliance with the ARTS Public Involvement Process.
The DEPARTMENT shall continue the activities necessary to further refine the ARTS
year 2035 plan by using the planning models to evaluate transportation projects and alternatives
as proposed by the ARTS committees and the DEPARTMENT. The DEPARTMENT shall be
responsible for updating the Travel Demand Model to reflect the 2035 Transportation Plan and
assisting in the development of the 2040 Transportation Plan.
The DESIGNATED AGENCY shall in cooperation with the DEPARTMENT undertake
the work necessary to incorporate recommended improvements as identified by special traffic
studies into the Long Range Transportation Plan.
Work Element 4.12 - Transportation Improvement Program (TIP) Preparation
The DESIGNATED AGENCY shall, with the assistance of the DEPARTMENT, prepare
and publish a Transportation Improvement Program (TIP) for FY 2013 -2016 and a Tier 2
Program for FY 2017- 2018. The TIP shall contain all transportation projects from the ARTS
Long Range Transportation Plan that are to be programmed for preliminary engineering, right of
way acquisition or construction during the time period covered by the TIP. The Tier 2 Program
shall contain all of the projects from the ARTS Long Range Transportation Plan that are to be
programmed for preliminary engineering, right of way acquisition or construction during the
time period covered by the Tier 2 Program. Both the TIP and Tier 2 shall include the fiscal year
and cost of each phase (preliminary engineering, right -of -way acquisition and construction) of
each project.
The DESIGNATED AGENCY shall be responsible for the following activities in
developing the TIP and Tier 2 Program.
1. Identify the transportation projects to be included in the TIP. Projects that have
advanced to construction will be removed from the TIP and new projects will be
included, if funding is available. Other projects will remain in the adopted
Transportation Improvement Program for future implementation.
2. Develop or update project description material;
3. Coordinate with other transportation providers such as transit, air, rail and truck;
4. Prioritize and stage projects based on need, safety, security, available funds,
consideration on how projects relate to SAFETEA -LU planning factors and public
involvement;
5. Prepare TIP and Tier 2 Program and include a financial plan;
6. Make the TIP available for public review per the DESIGNATED AGENCY'S
established policies and procedures;
7. Submit the TIP for review and adoption by the ARTS Policy Committee;
8. The DESIGNATED AGENCY shall provide to the Policy Committee and the
DEPARTMENT a copy of the published advertisement for major amendments to
the Transportation Improvement Program along with written notification that the
amendment process has been completed in compliance with the ARTS Public
Involvement Process. In addition, the DESIGNATED AGENCY shall provide to
the Policy Committee and DEPARTMENT a copy of the new TIP page and
financial project list.
The DESIGNATED AGENCY shall monitor and update the TIP and Tier 2 as needed.
The DEPARTMENT shall assist the DESIGNATED AGENCY by providing existing traffic
counts, forecast traffic volumes, document format changes, and project information. The
DEPARTMENT also shall attend appropriate ARTS meetings, review the Draft TIP /TIER2
document, and distribute both the Draft and Final TIP /TIER2 documents to appropriate
agencies. Twenty copies of the Final TIP /TIER 2 document shall be due to the
DEPARTMENT no later than June 1, 2013. The Final TIP /TIER 2 document shall
incorporate all applicable review comments.
Work Element 4.13 — Special Studies
The DESIGNATED AGENCY may be asked to conduct special studies, prepare reports,
or to perform other transportation related duties not otherwise covered by the PROJECT. The
purpose of this element is to provide the DESIGNATED AGENCY with the capability to
respond to such requests.
The DESIGNATED AGENCY foresees the possibility of several consultant or in -house
transportation or traffic studies. The DEPARTMENT shall cooperate with and provide
assistance to the DESIGNATED AGENCY as requested. Final selection of special studies is
dependent upon availability of non - federal share funds. This work element shall be used only
with the DEPARTMENT'S concurrence.
FIGURE 1
AUGUSTA REGIONAL TRANSPORTATION STUDY
FUNDING FY 2013
ARTS MPO (APDD)
AIKEN CO
APDD (APT) & LSCOG (ACT)
TOTAL
GA PL
APDD
PL
Match
APDD
SC PL
ACPDD
SC PL
Match
ACPDD
ACPDD SC PL
SC PL Match
SC PL
LSCOG
FUNDS
SC PL
LSCOG
Match
FTA
SEC 5303
FUNDS
SEC 5303
GA STATE
Match
SEC 5303
LOCAL
Match
FTA
SEC 5307
FUNDS
SEC 5307
LOCAL
Match
1.1
Program Coordination/Administration
$56,000
$14,000
$6,000
$1,500
$43,600
$10,900
$800
$200
$0
$0
$0
$800
$200
$134,000
1.3
Training/EmployeeEducation
$12,000
$3,000
$0
$0
$4,800
$1,200
$7,200
$1,800
$0
$0
$0
$7,200
$1,800
$39,000
1.6
UPWP
$4,800
$1,200
$800
$200
$2,000
$500
$1,600
$400
$6,400
$800
$800
$800
$200
$20,500
Subtotal I
$72,800
$18,200
$6,800
$1,700
$50,400
$12,600
$9,600
$2,400
$6,400
$800
$800
$8,800
$2,200
$193,500
2.1
Community Outreach / Education
$24,000
$6,000
$2,000
$500
$4,400
$1,100
$1,600
$400
$4,800
$600
$600
$3,000
$750
$49,750
Subtotal I
I $24,000
$6,000
$2,000
$500
$4,400
$1,100
$1,600
$400
$4,800
$600
$600
$3,000
$750
$49,750
3.1
Environmental Justice & Socioeconomic Data
$8,000
$2,000
$1,200
$300
$5,200
$1,300
$0
$0
$0
$0
$0
$1,600
$400
$20,000
3.2
Land Use Monitoring
$6,400
$1,600
$0
$0
$3,200
$800
$0
$0
$0
$0
$0
$0
$0
$12,000
3.4
Transportation Surveys, Models & Analysis
$12,000
$3,000
$400
$100
$3,600
$900
$0
$0
$0
$0
$0
$0
$0
$20,000
Subtotal I
I
$26,400
$6,600
$1,600
$400
$12,000
$3,000
$0
$0
$0
$0
$0
$1,600
$400
$52,000
4.1
Congestion Management
$20,000
$5,000
$800
$200
$2,240
$560
$0
$0
$4,800
$600
$600
$0
$0
$34,800
4.2
Transit / Paratransit
4.2.1
Program Admin - APT
$0
$0
$0
$0
$0
$0
$0
$0
$63,270
$7,909
$7,909
$0
$0
$79,088
4.2.2
Management & Operations - APT
$0
$0
$0
$0
$0
$0
$0
$0
$4,800
$600
$600
$0
$0
$6,000
4.2.3
Program Admin - ACT
$0
$0
$0
$0
$0
$0
$2,000
$500
$0
$0
$0
$4,800
$1,200
$8,500
4.2.5
Transit Project Admin - SC
$0
$0
$0
$0
$0
$0
$2,000
$500
$0
$0
$0
$4,384
$1,096
$7,980
4.2.6
Update of Complementary Paratransit Plan
$0
$0
$0
$0
$0
$0
$1,600
$400
$1,600
$200
$200
$0
$0
$4,000
4.2.7
Marketing / Public Information - SC
$0
$0
$0
$0
$0
$0
$4,000
$1,000
$0
$0
$0
$5,000
$1,250
$11,250
4.2.8
Short Range Transit Planning - SC
$0
$0
$0
$0
$0
$0
$8,000
$2,000
$0
$0
$0
$40,256
$10,064
$60,320
4.2.9
Long Range Transit Planning
$0
$0
$0
$0
$0
$0
$3,920
$980
$0
$0
$0
$15,000
$3,750
$23,650
4.2.10
Transit Financial Planning - SC
$0
$0
$0
$0
$0
$0
$2,800
$700
$0
$0
$0
$9,000
$2,250
$14,750
4.2.11
Environmental Justice / Title VI
$0
$0
$0
$0
$0
$0
$0
$0
$3,200
$400
$400
$1,600
$400
$6,000
4.3
Intemrodal Planning
$6,400
$1,600
$400
$100
$1,600
$400
$0
$0
$4,800
$600
$600
$0
$0
$16,500
4.4
Air Quality Issues
$16,000
$4,000
$1,600
$400
$3,600
$900
$0
$0
$0
$0
$0
$0
$0
$26,500
4.8
GIS Development & Applications
$6,400
$1,600
$0
$0
$40,000
$10,000
$8,960
$2,240
$0
$0
$0
$1,600
$400
$71,200
4.11
Long Range Plan
$8,000
$2,000
$800
$200
$3,200
$800
$0
$0
$1,600
$200
$200
$0
$0
$17,000
4.12
Transportation Improvement Plan
$16,000
$4,000
$1,600
$400
$3,600
$900
$3,520
$880
$8,000
$1,000
$1,000
$4,800
$1,200
$46,900
4.13
Special Transportation Studies
$120,000
$30,000
$2,400
$600
$240,000
$60,000
$0
$0
$0
$0
$0
$0
$0
$453,000
SUBTOTAL
$192,800
$48,200
$7,600
$1,900
$294,240
$73,560
$36,800
$9,200
$92,070
$11,509
$11,509
$86,440
$21,610
$887,438
GRAND TOTAL
I $316,000
$79,000
$18,000
$4,500
$361,040
$90,260
$48,000
$12,000
$103,270
$12,909
$12,909
$99,840
$24,960
$1,182,688
1/12/2012
FIGURE 3
ARTS UPWP FY 2013
PLANNING WORK SCHEDULE
WORK ELEMENT
1.1 Program Coordination /Administration
1.3 Training/Employee Education
1.6 UPWP
2.1 Community Outreach / Education
3.1 Environmental Justice & SocioEc Data
3.2 Land Use Monitoring
3.4 Transportation Surveys, Models & Analysis
4.1 Congestion Management
4.2 Transit / Paratransit
4.2.1 Program Admin - APT
4.2.2 Management & Operations - APT
4.2.3 Program Admin - ACT
4.2.5 Transit Project Admin - SC
4.2.6 Update of Complementary Paratransit Plan
4.2.7 Marketing / Pubic Information - SC
4.2.8 Short Range Transit Planning - SC
4.2.9 Long Range Transit Planning
4.2.10 Transit Financial Planning - SC
4.2.11 Environmental Justice / Title VI
4.3 Intermodal Planning
4.4 Air Quality Issues
4.8 GIS Development & Applications
4.11 Long Range Plan
4.12 Transportation Improvement Plan
4.13 Special Transportation Studies
•••••• ••••••
8'
S
•••••• •••••• • •••••
et'
4
•• •••• •••••• •••••• •••••• ••• ••• •••••• •••• •••••• • ••••• •••••• •••• ••••••••
••••• •••••• ••••• •••• •••••• •••••
APPENDIX A
NOTICE OF CONTRACTORS
COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACTS OF 1964
AS AMENDED BY THE CIVIL RIGHTS RESTORATION ACT OF 1987
FOR FEDERAL -AID CONTRACTS
During the performance of this Contract, the contractor, for itself, its assignees and successors in
interest (hereinafter referred to as the "Contractor ") agrees as follows:
(1) Compliance with Regulations: The Contractor will comply with the Regulations of the
U.S. Department of Transportation relative to nondiscrimination in Federally- assisted programs
of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter
referred to as the Regulations), which are herein incorporated by reference and made a part of
this contract.
(2) Nondiscrimination: The Contractor, with regard to the work performed by it after award
and prior to completion of contract work, will not discriminate on the ground of race, color,
national origin or sex in the selection and retention of subcontractors including procurement of
materials and leases of equipment. The Contractor will not participate either directly or
indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program, set forth in Appendix B of the
Regulations. In addition, the Contractor will not participate either directly or indirectly in the
discrimination prohibited by 23 CFR 200 (b).
(3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment:
In all solicitations, either by competitive bidding or negotiations made by the Contractor for
work to be performed under a subcontract, including procurement of materials or equipment,
each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's
obligations under this contract and the Regulations relative to nondiscrimination on the ground
of race, color, national origin or sex.
(4) Information and Reports: The Contractor will provide all information and reports
required by the Regulations, to permit access to its books, records, accounts, other sources of
information, and its facilities as may be determined by the Department of Transportation or the
Federal Highway Administration to be pertinent to ascertain compliance with such Regulations,
orders and instructions. Where any information required of a Contractor is in the exclusive
possession of another who fails or refuses to furnish this information, the Contractor shall so
certify to the DEPARTMENT, or the Federal Highway Administration as appropriate, and shall
set forth what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
nondiscrimination provisions of this contract, the DEPARTMENT shall impose such contract
sanctions as it or the Federal Highway Administration may determine to be appropriate,
including, but not limited to,
(a) withholding of payments to the Contractor under the contract until the Contractor
complies, and/or
(b) cancellation, termination or suspension of the contract, in whole or in part.
(6) Incorporation of Provisions: The Contractor will include the provision of paragraphs
(1) through (6) in every subcontract, including procurement of materials and leases of
equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The
Contractor will take such action with respect to any subcontract or procurement as the
DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance. Provided, however, that in the event a
Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the Contractor may request the State to enter into such litigation to
protect the interests of the State, and in addition, the Contractor may request the United States to
enter into such litigation to protect the interests of the United States.
Authorized 0
APPENDIX B
CERTIFICATION FOR STATE REGARDING DEBARMENT, SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
The AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT, as an Applicant for a
Federal PL Fund grant or cooperative agreement, certifies to the best of its knowledge and belief,
that its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible or
'voluntarily excluded from covered transactions by any federal department or agency:
(2) Have not within a three year period preceding this proposal been convicted of or had a
civil judgment rendered against them 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; 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:
(3) 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 offenses enumerated
in paragraph (2) of this certification; and
(4) Have not within a three year period preceding this application/proposal had one or more
public transactions (Federal. State or Local) terminated for cause or default.
Where the State is unable to certify to any of the statements in this certification with respect to its
principals, the State shall attach an explanation to this proposal.
THE AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT, CERTIFIES OR
AFFIRMS THE TRUTHFULNESS AND ACCURACY OF TIE CONTENTS OF THE
STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS
THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEC. ARE APPLICABLE
THERETO.
Date
APPENDIX C
CERTIFICATION OF CONSULTANT
DRUG-FREE WORKPLACE
I hereby certify that I am a principal and duly authorized representative of AUGUSTA
PLANNING AND DEVELOPMENT DEPARTMENT, whose address is 525 Telfair Street
Augusta, Georgia 30901 and it is also certified 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 Work Place Act", have been complied with in full; and
(2) A drug-free workplace will be provided for the consultant's employees during the
performance of the contract; and
(3) Each subcontractor, if any, hired by the DESIGNATED AGENCY shall be required to
ensure that the subcontractor's employees are provided a drug-free workplace. The
DESIGNATED AGENCY shall secure from that subcontractor the following written
certification:
"As part of the subcontracting agreement with the AUGUSTA PLANNING AND
DEVELOPMENT DEPARTMENT, certifies 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.
Date
C
Entity'
Appendix D
A vn