HomeMy WebLinkAboutCONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GA AND NELSON/NYGAARD CONSULTING ASSOCIATES, INC. CONSULTANT SERVICES AGREEMENT BETWEEN AUGUSTA, GEORGIA
AND NELSON/NYGAARD CONSULTING ASSOCIATES,INC.
This Agreement is made and entered into this ,q�" day of
2016 by and between Augusta, Georgia,a political subdivision of the Stat of Georgia,
hereinafter called "Augusta" or "Client" and Nelson/Nygaard Consulting Associates,
Inc.,a California Corporation, authorized to do business in Georgia, (hereinafter
called the "Consultant"), for the following reasons:
WHEREAS, Augusta desires to engage a qualified andexperienced consulting firm to
conduct a Comprehensive Operational Analysis of Augusta's Public Transit System
pursuant to RFP Item#16-151 ("RFP");and
WHEREAS,the Consultant responded to Augusta's RFP and has represented to Augusta
that it is experienced and qualified to provide the services contained therein;and
WHEREAS,Augusta has relied upon such representation and selected Consultant as the
most qualified respondent based on its submittal.
NOW,THEREFORE,in consideration of the foregoing,the provisions contained herein
and the mutual benefits to be derived here from, and for other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,Consultant
and Augusta agree as follows:
ARTICLE I-TERM AND PERIOD OF SERVICE
The term of this Agreement shall commence on August 15, 2016 and extend through March 31,
2017. The term of this Agreement may be extended only by written renewal approved by the
Augusta Board of Commissioners and the Consultant in accordance with the AUGUSTA,GA CODE.
ARTICLE II—SCOPE OF SERVICES
Consultant agrees to provide all services in accordance with the Scope of Services attached as
Exhibit A and the Project Budget attached as Exhibit B,which are attached hereto and incorporated
by reference. Augusta's Request for Proposals (RFP) No. #16-151 for Consulting Services to
Conduct a Comprehensive Operational Analysis of Augusta's Public Transit System and all
responses thereto, are incorporated herein in their entirety by reference, and as further specified
herein.
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ARTICLE III-COMPENSATION
For the proper performance of the services listed in Attachment A, Augusta shall pay Consultant
an amount not to exceed one hundred fifteen thousand one hundred twenty-three dollars and
no/100($115,123.00)as presented in Attachment B.
Consultant shall submit monthly invoices to Augusta. The invoices shall include charges for all
labor and costs in accordance with the Scope of Services listed in Attachment A. The monthly
invoice shall be accompanied by monthly progress reports that indicate the status of the project.
Unless there is a dispute regarding compensation owed to Consultant, Augusta agrees to pay all
approved invoices within thirty (30) days of receipt. Augusta shall not be obligated to pay any
invoices which are not in accord with the terms of this Agreement.
By acceptance of Augusta's payment of an invoice amount, Consultant releases Augusta from any
and all claims for service provided or work performed through the date of the invoice.
ARTICLE IV—INDEPENDENT PARTIES
Augusta, Georgia and the Consultant shall at all times be considered independent parties and, in
no event,shall either be liable for the debts and obligations of the other. Consultant shall not have
any claim against Augusta, Georgia for vacation pay,paid sick leave, retirement benefits, social
security, workers compensation, health, disability, professional malpractice or unemployment
insurance benefits or other benefits.
ARTICLE V—NOTICE
Any notice or consent required to be given by or on behalf of any party hereto to any other party
hereto shall be in writing and shall be sent by(a)registered or certified United States mail,return
receipt requested, postage prepaid, (b) personal delivery to the Contract Manager of Augusta
Public Transit Department, (c) overnight courier service, or (d) delivered in person to the
Consultant or her authorized representative. All notices sent to the addresses listed below shall be
binding unless said address is changed in writing no less than two weeks before such notice is sent.
Future changes in address shall be effective upon written notice being given via certified first class
U.S.mail,return receipt requested. Such notices will be addressed as follows:
If to Augusta:
Patrick Stephens,Director
Augusta Public Transit
1535 Fenwick Street
Augusta, GA 30904
With a copy to:
General Counsel
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Augusta Law Department
535 Telfair Street,Building 3000
Augusta, Georgia 30901
If to Consultant:
Nelson\Nygaard Consulting Associates
116 New Montgomery Street, Suite 500
San Francisco,CA 94105
Attn: Paul Jewel
ARTICLE VI—TERMINATION
Either party may, for its own convenience and at its sole option, without cause and without
prejudice to any other right or remedy of other party,elect to terminate this Agreement, in whole
or in part, by delivering to the address listed in the Notices article of this Agreement, a written
notice of termination specifying the effective date of termination. Such notice shall be delivered
at least thirty days(30)days prior to the effective date of termination.
All obligations cease upon Augusta's notification to Consultant. Augusta, Georgia will however
honor those obligations made in accordance with the Terms of Agreement, Scope of Work listed
in Attachment A,which were made in good faith prior to such written notification.
Upon termination,all finished or unfinished documents,data, studies,and reports prepared by the
Consultant in accordance with the Scope of Work listed in Attachment A shall become the property
of Augusta, Georgia. Augusta shall promptly pay the Consultant for all services performed to
the effective date of termination provided that the Consultant submits to Augusta properly
computed invoices no later than thirty(30)days after the effective date of termination.
Consultant Default — If the Consultant defaults by failing to substantially perform, in
accordance with the terms of this Agreement,Augusta in its sole discretion may,in the case of
a termination for breach or default, allow contractor an appropriately short period of time
in which to cure the defect. In such case,the notice of termination shall state the time period
in which cure is permitted and other appropriate conditions Ifconsultant fails to remedy to
the recipient's satisfaction the breach or default or any of the terms, covenants, or conditions
of this Agreement within ten (10) days after receipt by consultant or written notice from the
recipient setting forth the nature of said breach or default, the recipient shall have the right to
terminate the Contract without any further obligation to contractor. Any such termination for
default shall not in any way operate to preclude the Augusta from also pursuing all available
remedies against contractor and its sureties for said breach or default.
If Consultant fails to perform the services within the time specified in this contract or any
extension or if the Consultant fails to comply with any other provisions of this contract, Augusta
may terminate this contract for default. Augusta shall terminate by delivering to consultant a
notice of termination specifying the nature of default. Consultant shall only be paid the contract
price for services performed in accordance with the manner of performance set forth in this
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contract.
ARTICLE VII—CONFIDENTIALITY
The Consultant shall comply with all applicable federal, state, and local laws and regulations
relating to confidentiality and privacy. Consultant agrees to take reasonable steps to insure the
physical security of any confidential data under its control. Consultant agrees that it will inform
each of its employees or agents having any involvement with personal data other confidential
information of the laws and regulations relating to confidentiality.
ARTICLE VIII—FEDERAL CLAUSES
This agreement incorporates by reference the following Federal Transit Administration required
clauses with the same force and effect as set forth in full in the main text of the agreement. It is
understood and agreed that the Contractor is obligated by and to Augusta, Georgia (hereinafter
referred to as Augusta, Georgia) for any specifications or documentation required of Augusta,
Georgia under these clauses.
Master Grant Agreement FTA MA(22)dated October 1,2015: http://www.fta.dot.gov
Circular 4220.1F,dated November 1,2008,Rev. 3/18/2013:
http://www.fta.dot.gov/legislation law/12349 8641.html
FTA's Best Practices Procurement Manual (BPPM), offers suggested procedures, methods, and
examples on conducting third party procurements to assist in meeting the standards of FTA
Circular 4220.1F. The BPPM is available at:
haps://www.transit.dot.gov/funding/procurement/best-practices-procurement-manual
The Code of Federal Regulations(CFR)website is available at: http://www.ecfr.gov
1. No Government Obligation to Third Parties. The contractor agrees,absent express written
consent of the Federal Government,that the Federal Government is not a party to the contract and
shall not be subject to any obligations or liabilities to any third party contractor, or any
subrecipient, or any other party pertaining to any matter resulting frc&n this contract or purchase
order. The contractor agrees to include a similar provision in each subcontract financed in whole
or in part with federal assistance provided by the FTA.
2.Program Fraud and False or Fraudulent Statements. The contractor acknowledges that the
provisions of the Program Fraud Civil Remedies Act of 1986,as amended,31 USC §3801,et seq.,
and U.S. Department of Transportation regulations, "Program Fraud Civil Remedies," 49 CFR
Part 31,apply to its activities in connection with this contract or purchase order. Upon execution
of the underlying contract,the contractor certifies and affirms the truthfulness and accuracy of any
statement it has made, causes to be made, makes, or may make pertaining to the contract or the
underlying FTA assisted project for which this contract or purchases order is being performed. In
addition to other penalties that may apply, the contractor further acknowledges that if it makes a
false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal
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Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act
of 1986 on the contractor to the extent the Federal Government may deem appropriate. The
contractor also acknowledges that if it makes or causes to be made,a false,fictitious,or fraudulent
claim, statement, submission, or certification to the Federal Government in connection with an
urbanized area formula project fmanced with federal assistance authorized for 49 USC §5307,the
Federal Government reserves the right to impose the penalties of 18 USC §1001 and 49 USC
§5307(n) (1) on the contractor, to the extent the Federal Government deems appropriate. The
contractor agrees to include the above stated provisions in each subcontract fmanced in whole or
in part with federal assistance provided by the FTA. Contractor shall not modify the above stated
provisions except to identify the subcontractor who will be subject to the provisions.
3.Access to Records.
a) The contractor agrees to provide Augusta Georgia,the FTA Administrator,the Comptroller
General of the United States, or any of their authorized representatives, access to any
books,documents,papers,and records of the contractor which are directly pertinent to this
contract for the purposes of making audits, inspections, examinations, excerpts,
transcriptions,and reports. Contractor further agrees to provide Augusta Georgia,the FTA
Administration or their authorized representatives or agents access to contractor's records
and construction sites pertaining to a major capital project as defined at 49 USC 5302(a)1
which is receiving federal financial assistance through any program described at 49 USC
5307, 5309 or 5311. The contractor shall require its subcontractors to provide access to
their books, documents, papers and records to the representatives identified above for the
purposes described herein.
b) The contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as may be reasonably requested.
c) Contractor also agrees,pursuant to 49 CFR 633.17, to provide the FTA Administrator or
authorized representative (including a Project Management Oversight (PMO contractor)
access to contractor's construction sites and records pertaining to a major capital project,
defined at 49 USC §5302(a)(1),which is receiving federal financial assistance through the
programs described at 49 USC §§5307, 5309,or 5311.
d) The contractor further agrees to maintain all books,records,accounts,and reports required
under this contract for a period of not less than three(3)years after the date of termination
or expiration of this contract,except in the event of litigation or settlement of claims arising
from the performance of this contract, in which case contractor agrees to maintain same
until Augusta Georgia, the FTA Administrator, the Comptroller General, or any of their
duly authorized representatives, have disposed of all such litigation, appeals, claims, or
exceptions related thereto. See also 49 CFR 18.39(i)(11).
4..Federal Changes. The contractor shall at all times comply with all applicable FTA regulations,
policies, procedures, and directives, including without limitation those listed directly or by
reference in the Master Grant Agreement FTA MA(21)dated October 1, 2014 between Augusta
Georgia and the FTA,as they may be promulgated or amended from time to time during the term
of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.
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The contractor agrees to include the above stated provision in each subcontract financed in whole
or in part with federal assistance provided by the FTA.
5. Termination for Convenience or Default. Augusta, Georgia may terminate this contract, in
whole or in part,at any time by written notice to the contractor when it is in the Augusta,Georgia's,
as the recipient of FTA grant funds that support the Project,best interests. The contractor shall be
paid its costs, including contract close-out costs, and profit on work performed up to the time of
termination. The contractor shall not have a claim for and shall not be paid any lost profits or
damages if terminated for cause(default) or convenience. Contractor hereby waives and releases
Augusta,Georgia from any claims for damages or lost profits as a result of a termination for default
or convenience of the government,and acknowledges and agrees that it shall have no such claims
against Augusta,Georgia. The contractor shall promptly submit its termination claim to Augusta,
Georgia. If the contractor has any property in its possession belonging to the Augusta, Georgia,
the contractor will account for the same,and dispose of it in the manner Augusta,Georgia directs,
with the concurrence of Augusta,Georgia. If the contractor fails to deliver supplies or to perform
the services within the time specified in this contract or any extension,or if the contractor fails to
comply with any other provisions of this contract, Augusta, Georgia may terminate this contract
for default. e Augusta, Georgia may terminate this contract for default by delivering to the
contractor a Notice of Termination specifying the nature of the default. The contractor will only
be paid the contract price for supplies delivered and accepted,or services performed in accordance
with the manner of performance set forth in this contract. If this contract is terminated while the
contractor has possession of Augusta, Georgia owned goods,the contractor shall, upon direction
of Augusta, Georgia's contract administrator with the consent of the Augusta, Georgia if any of
the goods are owned by or have been paid for by Augusta,Georgia,protect and preserve the goods
until surrendered to Augusta, Georgia or its agent. The contractor and Augusta, Georgia shall
agree on payment for the preservation and protection of goods. Failure to agree on an amount will
be resolved in accordance with the contract or purchase order, applicable law and the Breaches
and Disputes Resolution clause set forth below. If, after termination for failure to fulfill contract
obligations,it is determined that the contractor was not in default,the rights and obligations of the
parties shall be the same as if the termination had been issued for the convenience of Augusta,
Georgia. Similar provisions apply to purchase orders and contracts for construction and
architect/engineering services.
6. Civil Rights. The following requirements apply to this purchase order or contract:
a. Nondiscrimination. In accordance with Title VI of the Civil Rights Act,as amended,42
USC §2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 USC
§6102, section 202 of the Americans with Disabilities Act of 1990,as amended,42 USC
§12132, and Federal transit law at 49 USC §5332,as each may be amended from time to
time,the contractor agrees that it will not discriminate against any employee or applicant
for employment because of race, color, creed, national origin, sex, age, or disability. In
addition, the contractor agrees to comply with all applicable federal implementing
regulations and any other implementing requirements FTA may issue.
b. Equal Employment Opportunity. The following equal opportunity requirements apply
to this purchase order or contract:
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(1) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of
the Civil Rights Act,as amended, 42 USC §2000e, and Federal transit laws at
49 USC §5332, the contractor agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S.
DOL) regulations, "Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor," 41 CFR Parts 60, et seq.,
(which implement Executive Order No. 11246, "Equal Employment
Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity,"42 USC
§2000e note), and with any other applicable Federal statutes,executive orders,
regulations, and Federal policies that may in the future affect construction
activities undertaken in the course of the project. The contractor agrees to take
affirmative action to ensure that applicants are employed, and that employees
are treated during employment, without regard to their race, color, creed,
national origin,sex,or age. Such action shall include,but not be limited to,the
following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination; rates of pay or other forms of
compensation;and selection for training,including apprenticeship. In addition,
the contractor agrees to comply with any implementing requirements FTA may
issue.
(2) Age. In accordance with Section 4 of the Age Discrimination in Employment
Act of 1967, as amended, 29 USC §623 and federal transit law at 49 USC
§5332,the contractor agrees to refrain from discrimination against present and
prospective employees for reason of age. In addition, contractor agrees to
comply with any implementing requirements FTA may issue.
(3) Disabilities. In accordance with section 102 of the Americans with Disabilities
Act,as amended,42 USC §12112,the contractor agrees that it will comply with
the requirements of U.S. Equal Employment Opportunity Commission,
"Regulations to Implement the Equal Employment Provisions of the Americans
with Disabilities Act,"29 CFR Part 1630,pertaining to employment of persons
with disabilities. In addition, the contractor agrees to comply with any
implementing requirements FTA may issue.
c. The contractor also agrees to include these requirements in each subcontract financed in
whole or in part with Federal assistance provided by FTA, modified only to identify the
affected parties.
7. Disadvantaged Business Enterprise.
Contracts over$3,000 awarded on the basis of a bid or proposal offering to use DBEs
This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26,
Participation by Disadvantaged Business Enterprises in Department of Transportation Financial
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Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises
(DBE)is 10%. The recipient's overall goal for DBE participation is listed elsewhere.If a separate
contract goal for DBE participation has been established for this procurement, it is listed
elsewhere.
The contractor shall not discriminate on the basis of race, color, national origin or sex in the
performance of this contract. The contractor shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of this contract. Failure by the contractor to carry out these
requirements is a material breach of this contract, which may result in the termination of this
contract or such other remedy as the municipal corporation deems appropriate. Each subcontract
the contractor signs with a subcontractor must include the assurance in this paragraph(see 49 CFR
26.13(b)).
If a separate contract goal has been established, Bidders/offerors are required to document
sufficient DBE participation to meet these goals or, alternatively, document adequate good faith
efforts to do so,as provided for in 49 CFR 26.53.
If no separate contract goal has been established,the successful bidder/offeror will be required to
report its DBE participation obtained through race-neutral means throughout the period of
performance.
The contractor is required to pay its subcontractors performing work related to this contract for
satisfactory performance of that work no later than 30 days after the contractor's receipt of
payment for that work from the recipient. In addition,the contractor may not hold retainage from
its subcontractors or must return any retainage payments to those subcontractors within 30 days
after the subcontractor's work related to this contract is satisfactorily completed or must return any
retainage payments to those subcontractors within 30 days after incremental acceptance of the
subcontractor's work by the recipient and contractor's receipt of the partial retainage payment
related to the subcontractor's work.
The contractor must promptly notify the recipient whenever a DBE subcontractor performing work
related to this contract is terminated or fails to complete its work,and must make good faith efforts
to engage another DBE subcontractor to perform at least the same amount of work. The contractor
may not terminate any DBE subcontractor and perform that work through its own forces or those
of an affiliate without prior written consent of the recipient.
Contract Assurance:26.13b
The contractor, sub-recipient, or subcontractor shall not discriminate on the basis of race, color,
national origin,or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT assisted contracts. Failure
by the contractor to carry out these requirements is a material breach of this contract,which may
result in the termination of this contract or such other remedy as the recipient deems appropriate.
Prompt Payment: 26.29(a)
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The prime contractor agrees to pay each subcontractor under this prime contract for satisfactory
performance of its contract no later than 30 days from the receipt of each payment the prime
contract receives from Augusta,Georgia. Any delay or postponement of payment from the above
referenced time frame may occur only for good cause following written approval of the Augusta,
Georgia. This clause applies to both DBE and non-DBE subcontracts.
Retainage: 26.29(b)
(a) Augusta, Georgia will ensure prompt and full payment of retainage from the prime
contractor to the subcontractor within thirty (30) days after the subcontractor's work is
satisfactorily completed by using one or more of the following methods:
(1) Declining to hold retainage from prime contractors and prohibiting prime
contractors from holding retainage from subcontractors.
(2) Declining to hold retainage from prime contractors and requiring a contract clause
obligating prime contractors to make prompt and full payment of any retainage kept
by prime contractor to the subcontractor within thirty (30) days after the
subcontractor's work is satisfactorily completed.
(3) Holding retainage from prime contractors and providing for prompt and regular
incremental acceptances of portions of the prime contract, pay retainage to prime
contractors based on these acceptances,and require a contract clause obligating the
prime contractor to pay all retainage owed to the subcontractor for satisfactory
completion of the accepted work within thirty (30) days after Augusta, Georgia's
payment to the prime contractor.
(4) Requiring a contract clause that requires prime contractors to include in their
subcontracts language providing that prime contractors and subcontractors will use
appropriate alternative dispute resolution mechanisms to resolve payment disputes.
(5) Requiring a contract clause providing that the prime contractor will not be
reimbursed for work performed by subcontractors unless and until the prime
contractor ensures that the subcontractors are promptly paid for the work they have
performed.
(b) Augusta,Georgia shall have the power and authority to enforce all of the provisions of this
subsection and may implement suspension and debarment for non-compliance as provided
in Chapter 10 of the AUGUSTA,GEORGIA CODE.
MONITORING AND ENFORCEMENT MECHANISMS 26.37
Augusta, Georgia will take the following monitoring and enforcement mechanisms to ensure
compliance with 49 CFR Part 26.
(a) Augusta,Georgia will bring to the attention of the Department of Transportation any false,
fraudulent, or dishonest conduct in connection with the program, so that DOT can take the
steps (e.g., referral to the Department of Justice for criminal prosecution, referral to the
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DOT Inspector General, action under suspension and debarment or Program Fraud and
Civil Penalties rules)provided in 49 CFR Part 26.
(b) Augusta, Georgia will consider similar action to the extent permitted by applicable law,
including making responsibility determination in future contracts and solicitations. The
DBE Liaison Officer and appropriate staff will make prompt compliance determinations
regarding contractors. Documentation of non-compliance will include the specific areas
in which the contractor failed to comply. In these instances,appropriate action,consistent
with the DBE Program and contract provision will be taken.
(c) Augusta,Georgia will also provide a monitoring and enforcement mechanism to verify that
work committed to DBEs at contract award is actually performed by the DBEs. This will
be accomplished by direct observation. Along with written certification in conjunction
with monitoring of contract performance(i.e. DBE pay application and certification).
(d) The DBE Liaison Officer shall, for every project subject to the DBE Program, keep and
maintain a running tally of actual DBE attainments (i.e. payments actually made to
subcontractors),including a means of comparing these attainments to commitments.
ADMINISTRATIVE RECONSIDERATION 26.53(d)
(a) Within five days of being informed by Augusta, Georgia that it is not responsive because
it has not documented sufficient good faith efforts, a bidder/offeror may request
administrative reconsideration. Bidder/offerors should make this request in writing to the
following Reconsideration Official:
Administrator of Augusta,Georgia
535 Telfair Street,Room 910
Augusta, Georgia 30901
(706) 821-2400
(b) The Reconsideration Official will not have played any role in the original determination
that the bidder/offeror did not document sufficient good faith efforts.
(c) As part of this reconsideration, the bidder/offeror will have the opportunity to provide
written documentation or argument concerning the issue of whether it met the goal or made
adequate good faith efforts to do so. The bidder/offeror will have the opportunity to meet
in person with the Reconsideration Official to discuss the issue of whether it met the goal
or made adequate good faith efforts to do so. The Reconsideration Official will send the
bidder/offeror a written decision on the reconsideration, explaining the basis for the
decision. The result of the reconsideration process is not administratively appealable to
the Department of Transportation.
ADDITIONAL TERMS AND CONDITIONS
DBE GOAL:
Notification shall be given annually; that the overall goal for firms owned and controlled by
socially and economically disadvantaged individuals is a minimum 0 % of the dollar value for
federally funded contracts including alternates and change orders. Each individual AIP where
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contract goals may have been established shall include separate DBE goals based on the
availability of DBEs; and shall incorporate all of the contract goal requirements of 49 CFR, Part
26. In the event that the bidder for this solicitation is certified and qualifies as a DBE,the contract
goal shall be deemed to have been met in accordance with the Section on "COUNTING DBE
PARTICIPATION TOWARD MEETING THE DBE GOALS".
Bidders/Proposers are strongly encouraged to utilize all certified DBEs.
All bidders and proposers hereby assure that they will make sufficient reasonable good faith efforts
to meet the above stated goals. Moreover, such bidders or proposers hereby assure that they will
meet the DBE participation percentages submitted in their respective bids or proposals.
Bidder/Proposers, also agree to provide any additional information requested by the DBELO to
substantiate DBE participation, including but not limited to, the written subcontract agreement
between prime bidder and each subcontractor for the work relative to this project.
Good Faith Efforts when a DBE is Terminated/Replaced on a Contract with Contract
Goals: 26.530)
Augusta, Georgia requires that prime contractors not terminate a DBE subcontractor listed on a
bid/contract with a DBE contract goal without Augusta, Georgia's prior written consent. Prior
written consent will only be provided where there is"good cause"for termination of the DBE firm,
as established by Section 26.53(f)(3)of the DBE regulation.
Before transmitting to Augusta, Georgia its request to terminate, the prime contractor must give
notice in writing to the DBE of its intent to do so. A copy of this notice must be provided to
Augusta, Georgia prior to consideration of the request to terminate. The DBE will then have five
(5)days to respond and advise Augusta, Georgia of why it objects to the proposed termination.
In those instances, where "good cause" exists to terminate a DBE's contract, Augusta, Georgia
will require the prime contractor to make good faith efforts to replace a DBE that is terminated or
has otherwise failed to complete its work on a contract with another certified DBE, to the extent
needed to meet the contract goal. We will require the prime contractor to notify the DBE Liaison
officer immediately of the DBE's inability or unwillingness to perform and provide reasonable
documentation.
In this situation,we will require the prime contractor to obtain our prior approval of the substitute
DBE and to provide copies of new or amended subcontracts, or documentation of good faith
efforts.
If the contractor fails or refuses to comply in the time specified, our contracting office will issue
an order stopping all or part of payment/work until satisfactory action has been taken. If the
contractor still fails to comply, the contracting officer may issue a termination for default
proceeding.
The following language in Major Contracts over $50,000: The requirements of 49 CFR Part
26, Regulations of the U.S. Department of Transportation, apply to this contract. It is the policy
of the Augusta, Georgia to practice nondiscrimination based on race,color, sex,or national origin
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in the award or performance of this contract. All firms qualifying under this solicitation are
encouraged to submit bids/proposals. Award of this contract will be conditioned upon satisfying
the requirements of this bid specification. These requirements apply to all bidders/offerors,
including those who qualify as a DBE. A DBE contract goal of 0%percent has been established
for this contract. The bidder/offeror shall make good faith efforts,as defined in Appendix A,49
CFR Part 26 (Attachment 1),to meet the contract goal for DBE participation in the performance
of this contract.
The bidder/offeror will be required to submit the following information: (1) the names and
addresses of DBE firms that will participate in the contract; (2)a description of the work that each
DBE firm will perform; (3)the dollar amount of the participation of each DBE firm participating;
(4)Written documentation of the bidder/offeror' s commitment to use a DBE subcontractor whose
participation it submits to meet the contract goal; (5)Written confirmation from the DBE that it is
participating in the contract as provided in the commitment made under(4);and(5)if the contract
goal is not met,evidence of good faith efforts.
8. Incorporation of Federal Transit Administration (FTA) Terms. This contract, agreement
or purchase order shall be deemed to include and does hereby incorporate by reference all standard
terms and conditions required by the U.S.DOT and FTA,regardless of whether expressly set forth
in this attachment or in the contract and include,but are not limited to,all of the duties,obligations,
terms and conditions applicable to the Project or contract as described in FTA Circular 4220.1F,
dated November 1,2008,Rev.3/18/2013,and the FTA's Master Grant Agreement FTA MA(21)
dated October 1, 2014, as each may be amended from time to time. Anything to the contrary
herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a
conflict with any other provisions contained in the contract, agreement or purchase order. The
contractor shall not perform any act, fail to perform any act, or refuse to comply with any
requirement which would cause the Augusta, Georgia to be in violation of its Agreement with
FTA, or Augusta, Georgia to be in violation of any FTA terms and conditions applicable to this
Project of any grant the Augusta, Georgia may have with FTA. The contractor agrees to include
the above stated provision in each subcontract financed in whole or in part with federal assistance
provided by the FTA.
9.Government-Wide Debarment and Suspension. If this contract or purchase order has a value
of$25,000 or more,this procurement is a covered transaction for purposes of 49 CFR Part 29. As
such,the contractor is required to verify that neither the contractor or its principals, as defined at
49 CFR 29.995,or affiliates,as defined at 49 CFR 29.905,are excluded or disqualified as defined
at 49 CFR 29.940 and 29.945. The contractor agrees to comply with and assures compliance of
each third-party contractor and sub-recipient at any tier, with 49 CFR 29, Subpart C, while its
proposal, offer or bid is pending and throughout the period that any contract arising out of such
offer, proposal or bid is in effect. The contractor further agrees to include a provision requiring
such compliance in its subcontracts or any lower tier covered transaction it enters into.
10. Breaches and Dispute Resolution. FTA Circular 4220.1F imposes the requirements at 49
CFR part 18 upon all contracts in excess of$100,000, which contain provision of conditions that
allow for administrative, contractual, or legal remedies where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be appropriate. Accordingly,
12
should the provisions of this contract not address a particular subject or issue involving disputes,
performance during disputes,claims for damages,remedies,or rights and remedies,the contractor
agrees to comply with the provisions contained at 49 CFR Part 18,and further agrees to include a
similar provision in all subcontracts over$100,000.
11. Lobbying. Contractors who apply or bid for an award of$100,000 or more shall file the
certification required by U.S. Department of Transportation regulation, "New Restrictions on
Lobbying,"49 CFR Part 20, modified as necessary for 31 USC §1352. Each tier certifies to the
tier above that it will not and has not used federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, officer or employee of Congress, or an employee of a member of Congress
in connection with obtaining any federal contract, grant, or any other award covered by 31 USC
§1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act
of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that
federal contract,grant,or award covered by 31 USC §1352. Such disclosures are forwarded from
tier to tier up to the recipient.
12. Clean Air. The Clean Air requirements apply to all contracts exceeding$100,000, including
indefinite quantities where the amount is expected to exceed$100,000 in any year. The contractor
agrees to comply with all applicable standards,orders,or regulations issued pursuant to the Clean
Air Act, as amended, 42 USC §7401, et seq. The contractor agrees to report each violation to
Augusta,Georgia and agrees that Augusta,Georgia will, in turn,report each violation as required
to assure notification to FTA and the appropriate EPA regional office. The contractor further
agrees to include these requirements in each subcontract exceeding$100,000 financed in whole or
in part with federal assistance provided by FTA.
13.Clean Water. If this purchase order or contract is valued at$100,000 or more,the contractor
agrees to comply with all applicable standards,orders,or regulations issued pursuant to the Federal
Water Pollution Control Act, as amended, 33 USC 1251 et seq. The contractor agrees to report
each violation to Augusta Georgia and agrees that Augusta Georgia will, in turn, report each
violation as required to assure notification to the FTA and the appropriate EPA regional office.
The contractor also agrees to include these requirements in each subcontract exceeding$100,000
financed in whole or in part with federal assistance provided by FTA.
14. Fly America. The contractor agrees to comply with 49 USC 40118 (the"Fly America"Act)
in accordance with the General Services Administration regulations at 41 CFR part 301-10,which
provide that recipients and subrecipients of federal funds and their contractors are required to use
U.S. Flag air carriers for U.S. Government-financed international air travel and transportation of
their personal effects or property, to the extent such service is available,unless travel by foreign
air carrier is a matter of necessity,as defined by the Fly America Act. The contractor shall submit,
if a foreign air carrier is used,an appropriate certification or memorandum adequately explaining
why service by a U.S. Flag air carrier was not available or why it was necessary to use a foreign
air carrier and shall, in any event, provide a certification of compliance with the Fly America
requirements. The contractor agrees to include this requirement in all subcontracts that may
involve international air transportation.
15. Energy Conservation. The contractor agrees to comply with mandatory standards and
policies related to energy efficiency which are contained in the state energy conservation plan
13
issued in compliance with the Energy Policy and Conservation Act. The contractor further agrees
to include a similar provision in each subcontract financed in whole or in part with federal
assistance provided by FTA.
16. Conformance with ITS National Architecture. Contractor shall conform, to the extent
applicable, to the National Intelligent Transportation Standards architecture as required by
SAFETEA-LU Section 5307(c), 23 U.S.C. Section 512 note and follow the provisions of FTA
Notice,"FTA National Architecture Policy on Transit Projects,"66 Fed.Reg.1455 et seq.,January
8,2001,and any other implementing directives FTA may issue at a later date,except to the extent
FTA determines otherwise in writing.
[THIS SPACE INTENTIONALLY LEFT BLANKI
14
EXHIBIT 1
RESTRICTIONS ON LOBBYING CERTIFICATION
FOR ALL PROCUREMENTS OVER$100,000 INVOLVING
CONSTRUCTION/ARCHITECTURAL AND ENGINEERING/ACQUISITION OF
ROLLING STOCK/PROFESSIONAL SERVICE CONTRACTS/OPERATIONAL
SERVICE CONTRACTS/TURNKEY CONTRACTS
The undersigned certifies,to the best of his or her knowledge and belief,that:
1. 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 an agency, a
member of Congress,an officer of employee of Congress,or an 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 making lobbying contacts to an officer or employee of any 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
[as amended by "Government-wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg.
1413 (1/19/96). Note: Language in paragraph 2 herein has been modified in accordance with
Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65,to be codified at 2 USC 1601,et
seq.)]
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
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 31 USC §1352 (as amended by the Lobbying
Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to
a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
The undersigned certifies or affirms the truthfulness and accuracy of each statement of its
certification and disclosure, if any. In addition, the undersigned understands and agrees that the
provisions of 31 USC A3801,et seq., apply to this certification and disclosure,if any.
15
231(0 1.1. • /
(Date) (Sit . � e)
a�r+� t,���u h� �blh`mac) 1
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Note: This certification must accompany each bid or offer exceeding $100,000. Pursuant to 31
USC §3801(c)(1)-(2)(A),any person who makes a prohibited expenditure or fails to file or amend
a required certification or disclosure form shall be subject to a civil penalty of not less than$10,000
and not more than$100,000 for each such expenditure or failure.
[THIS SPACE INTENTIONALLY LEFT BLANK]
16
ARTICLE IX–INSURANCE
In accordance with the terms of this Agreement,Consultant shall maintain the following insurance:
(a) Commercial General Liability Insurance, with a limit of not less than $1,000,000 per
occurrence and $1,000,000 general aggregate, and naming Augusta as an Additional
Insured.
(b) Automobile Insurance, with a combined single limit of not less than $1,000,000 each
accident and shall name Augusta as an Additional Insured.
(c) Workers' Compensation Insurance in accordance with statutory requirements and
Employers'Liability Insurance with limits of not less than$1,000,000 for each accident,
disease–each employee and disease—policy limit.
(d) Professional Liability Insurance with limits of not less than $1,000,000 per claim and
aggregate.
Prior to performing Services under this Agreement if requested by Augusta, Consultant shall
furnish Augusta with certificates of insurance which evidence the requirements of this Article.
Certificates will provide Augusta with at least thirty (30) days' advance written notice prior to
cancellation of the above policies and at least ten (10) days' written notice in the event of
cancellation for non-payment of premium.
ARTICLE X–GENERAL INFORMATION
A. Right of Inspection. Augusta shall have the right,at its sole discretion to inspect and review
the services provided by Consultant hereunder to determine their acceptability. Augusta
shall also have the right to review all of Consultant's records pertaining to this Agreement
and Consultant agrees to properly maintain its records so as to allow Augusta to audit as
may be required by law. Consultant shall make such records available to Augusta officials
within seventy-two(72)hours written request.
B. Hold Harmless. Except as otherwise provided in this Agreement, Consultant shall
indemnify and hold harmless Augusta,GA,and its employees and agents from and against
all liabilities,claims, suits,demands,damages,losses,and expenses,including reasonable
defense attorneys' fees,to the extent caused by the negligent performance of Consultant's
Work.
C. Georgia Laws Govern. This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State of Georgia.
D. Venue. This Agreement shall be deemed to have been made and performed in Augusta,
Georgia. For the purpose of venue, all suits or causes of action arising out of this
Agreement shall be brought in the Superior Court of Richmond County, Georgia.
17
Consultant,by executing this Agreement,specifically consents to jurisdiction and venue in
Richmond County and waives any right to contest the jurisdiction and venue in the Superior
Court of Richmond County, Georgia.
E. Assignments. Augusta has entered into this Agreement in part on the basis of personal
reliance in the integrity and qualifications of Consultant. Consultant agrees it shall not
delegate, assign, subcontract, transfer, pledge, convey, sell, or otherwise dispose of the
whole or any part of this Agreement or its right,title,or interest therein to any person,firm,
or corporation without the previous written consent of Augusta. Any attempted assignment
by Consultant without prior express written approval of Augusta shall at Augusta's sole
option terminate this Agreement.
F. Licenses.Permits and Certifications. Consultant hereby warrants and represents that at all
times during the term of this Agreement it shall maintain in good standing all required
licenses,certifications,and permits required under federal, state and local laws.
G. Consultant and its employees shall not infringe on any United States patent, copyright,
trade secret, or other proprietary right for any material, product, or part thereof used or
furnished under this Agreement. Consultant shall indemnify and hold Augusta harmless
from loss on account thereof, except when such loss is due to a particular design,process,
material, or product required or provided by Augusta;provided,however,that Consultant
promptly notify Augusta if Consultant has reason to believe that such requirement is an
infringement of any rights stated herein.
H. Ownership of Documents-Title to all documents,drawings and specifications with respect
to work performed under this Agreement shall vest with Augusta when Augusta has
compensated Consultant in full, as provided herein, for the services described in this
document.
I. Waiver. The waiver by either party of any failure on the part of the other party to perform
in accordance with any of the terms or conditions of this Agreement shall not be construed
as a waiver of any future or continuing similar or dissimilar failure.
J. Severability. In the event any provision of this Agreement is held to be unenforceable for
any reason,the remainder of the Agreement shall be in full force and effect and enforceable
in accordance with its terms.
K. No Conflict. Consultant represents and warrants that it presently has no interest, direct or
indirect, and covenants and agrees that it will not, during the term of this Agreement,
acquire any interest,direct or indirect that would conflict in any manner or degree with the
performance of its duties and obligations hereunder. Consultant further covenants and
agrees for itself, its agents, employees, directors and officers to comply fully with the
provisions of the Official Code of Georgia(OCGA§§45-10-20 et. seq.)and the provisions
of the Augusta, Georgia Code of Ethics governing conflicts of interest of persons doing
business with Augusta, as such provisions now exist and may be amended hereafter.
18
Consultant represents and warrants that such provisions are not and will not be violated by
the Agreement or its performance hereunder.
L. Compliance with Applicable Laws. The Consultant's attention is directed to the fact that
all applicable federal, state, and county laws, municipal ordinances, and the rules and
regulations of all authorities having jurisdiction over this type of service shall apply to the
Agreement throughout,and they will be deemed to be included in the Agreement the same
as though herein written out in full.
M. All Exhibits, Addenda, Responsive Proposals, Agreement, Agreement Amendments,
Attachments, Insurance Certificates, Notice to Proceed, Change Orders, Project
Acceptance, Fee Schedules, and RFP Item #16-151 are hereby incorporated by reference
and shall be deemed to be a part of this Agreement for all purposes.
N. Foreign Corporations. In the event the Contractor is a foreign corporation,
partnership, or sole proprietorship,the Contractor hereby irrevocably appoints the
Georgia Secretary of State as its agent for service of all legal process for the purposes
of this Contract only.
O. Georgia Open Records Act. Consultant shall comply with the Georgia Open Records Act,
OCGA§ 50-18-70 et seq.
P. Judicial Interpretation. The law of the State of Georgia shall govern the construction of
this Agreement. Should any provision of this Agreement require judicial interpretation,it
is agreed that the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule
of construction that a document is to be construed more strictly against the party who itself
or through its agent prepared same, it being agreed that the agents of all parties have
participated in the preparation hereof and all parties have had an adequate opportunity to
consult with legal counsel. In interpreting this Contract in its entirety, the printed
provisions of this Contract and any additions written or typed hereon shall be given equal
weight,and there shall be no inference,by operation of law or otherwise,that any provision
of this Contract shall be construed against either party hereto.
Q. Modification. Consultant acknowledges that this Agreement and any changes to it by
amendment, modification, change order or other similar document may have required or
may require the legislative authorization of the Board of Commissioners and approval of
the Mayor.
R. Sole Agreement. This Agreement constitutes the sole agreement between the parties. No
representations oral or written not incorporated herein shall be binding upon the parties.
No amendment or modifications of this Agreement shall be enforceable unless approval by
action of Augusta.
19
IN WITNESS WHEREOF,the parties hereto have caused the Agreement contained in this
Attachment to be executed in two counterparts,each to be considered as an original by their
authorized representative.
Nelson\Nygaard Consulting Augusta,Georgia �...---
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20
EXHIBIT A
PROPOSAL
21
ATTACHMENT A
SCOPE OF WORK
for
COMPREHENSIVE OPERATIONAL ANALYSIS(COA)
Background
The Augusta Public Transit System (APT) operates fixed route, ADA paratransit, and rural route services
within Richmond County, Georgia. The fixed route service consists of 9 routes with 12 peak buses
serving approximately 2600 unlinked trips per day. The system also provides complementary ADA
service using 8 Paratransit vehicles (Cutaway vans). The rural service utilizes 6 cutaway vehicles to
provide service in areas where fixed route services are not available.
Much of the system reflects the typical pattern of local radial type service with 7 of the 9 routes ending
at the Broad Street Transit facility approximately every hour to facilitate passenger transfers to other
routes.The transfer facility is located approximately 1 1/2 to 2 miles from the downtown area.
Recent descriptions of the existing services and resources are available from the 2040 Long Range
Transportation Plan (Sep 2015) http://augustaga.gov/1312/Long-Range-Transportation-Plan,2009
Transit Development Plan http://www.augustaga.gov/232/Public-Transit, and any other City/County
Transit related project or planning studies.
As we continue to improve service, it is appropriate to obtain outside input on our overall service
approach. Several key questions regarding our service include:
• Are any fundamental changes in our overall route structure appropriate to meet the changing
needs of our region?
• Are there service delivery methods that would improve our service performance?
• What downtown route structure will support our growing service levels and accommodate any
major system changes?
• What general service parameters(i.e. span of service,frequency...)are appropriate for a
growing region of our size?
• What technology investments are appropriate for the long term,such as farebox upgrades, real-
time information,traffic signal priority, etc.?
• What is the appropriate revenue mix and Fare Structure for the system?
• What Public Transit Performance Measures should be developed or considered -Performance-
based planning and programming should include using transportation performance measures,
setting targets, reporting performance, and programming transportation investments directed
towards the achievement of transportation system performance outcomes?
• What initiatives can Augusta identify to address Ladders of Opportunity- identify
transportation connectivity gaps in accessing essential services such as employment, healthcare,
schools/education and recreation?
• What are the Workforce Development needs with regard to Transit initiatives?
Our goal is to continue to expand and improve service in an effective manner that best meets the needs
of the region. While APT is interested in new ideas and different ways of delivering service,we are not
seeking change simply for the sake of change.The appropriate consultant product may recommend
major changes,small adjustments to existing service patterns,or anything in between. The
recommendations need to be at a level that will facilitate cost estimating.
The plan will focus upon the service level that can be supported by the current level of funding, and
identify strategic actions and investments that would be appropriate if additional funding became
available in the future. We anticipate a schedule of 4-6 months to complete the project. The project
budget is$106,250.
COMPREHENSIVE OPERATIONAL ANALYSIS
The objective of the Comprehensive Operational Analysis is to create and sustain the best transit
network for the Richmond County area within APT's available budget.The analysis will help maximize
the impact of taxpayer funding for transit by gaining a better knowledge of our riders, improving
efficiency,and directing transit investment where it is most needed.
The consultant will conduct a thorough analysis of Augusta public transit services.The study will focus
on the customer needs and will include an in-depth survey of APT riders and travel habits.The study will
include a public outreach plan that will include community meetings and customer input.
Some of the more overarching goals for this study include but are not limited to:
• Analyzing the system to provide a recommended reallocation of resources for areas in need of
new service, increased service or less service;
• Increasing ridership and system wide productivity through operational improvements;
• Ensuring APT continues to provide effective and efficient service;
• Identifying all other public and private transportation providers that operate in the Augusta
area.
Phase I -Data Collection and Analysis
Task 1.A. Analyze Fixed Route On-Board Counts
• An analysis of service utilization shall be conducted.The consultant shall evaluate the
routes, based on data supplied and gathered, providing aggregate description of each route,
including but not limited to:
o On-time performance
o In-service and deadhead miles operated
o Recovery time,on time performance, 30-60 minute headways
o Daily ridership by route segment; weekday and Saturday
o Daily ridership by day part; weekday and Saturday
o Operational cost review
• An analysis of each route, to include but not limited to:
o Passengers per hour by route and designated route segments,time of day and fare
category for weekday and for Saturday ridership
o Passengers per mile by route and by time of day
o Schedule adherence at time points, with on-time performance defined as zero minutes
early and five minutes late
o Ratio of revenue miles to total miles operated
o Significant origin-destination combinations
o Other performance indicators per route
o Operating speeds for each route
o Areas of low or no ridership
o Other System-wide performance measures PAW MAP-21.
• The consultant will develop a set of evaluation criteria to evaluate the existing fare structure
with respect to areas such as:
o Ridership impacts
o Revenue generation
o Equity
o Ease of administration
o Farebox recovery
• The consultant will then propose and evaluate additional fare structures for consideration
using this evaluation criterion.
Task 1.B. Rider Survey and Transfer Analysis
• Conducting a review of the transfer patterns is to be included as part of the rider survey.
The identification of the multiple routes used to reach connectors will be helpful in making
service improvements such as route modifications with attention to interlining, directional
routes, headways,and timed connections. It should also be noted that APT currently offers
transfers at a cost to its customers.The transfer is good for one additional bus ride.
• A rider survey shall be conducted for all routes by service type, urban fixed route, and ADA
complementary paratransit. Proposer will make available source data to APT.Surveys will
collect the following data at a minimum:
o Passenger characteristics—trip origin by route,trip purpose,frequency of use,fare type,
length of usage,frequency of usage,age,gender, race/ethnicity, household income,
ranking of possible service improvements, passenger rating of service;consumer
disability/mobility limitation;
o Ridership characteristics—including age,gender, household income, trip purpose,
frequency of use and so forth for both weekday and Saturday;
o Identify demographics for the entire Augusta service area including those with transit
dependent,vehicle ownership, income, limited English proficiency (LEP), etc.The
proposal shall describe the methodology by which such data shall be collected,
identifying any additional data items to be collected, and the general timeframe over
which data collection shall be undertaken.The manner of presentation of the collected
data shall be described, including samples of data analysis/data presentation as
appropriate.
Task 1.C. Describe Local and Regional Development Patterns
• The consultant team shall describe the current local patterns of travel by identifying major travel
nodes and activity centers within the service area. Through a variety of data collection activities
that may include agency interviews, review of published sources, stakeholder interviews,
community and political leader interviews,city staffs,as well as other sources, major activity
centers shall be identified including, but not be limited to:
o Major commercial areas (existing and planned);
o Major employment areas(existing and planned);
o Health care facilities;
o Major social service agencies;
o Schools—notably middle schools, high schools and college/adult education;
o New(within the past two years) and planned housing developments including housing
density plotting, multi-family units, and home values. Any narrative summary of
activity center findings should address geographic regions of the service area, as well as
ridership groups (e.g. students, seniors, work-trips). Existing local and projected
regional development patterns should be reported,as well as any readily identifiable
changes to those patterns anticipated over the next three to seven years.
Task 1.D. Identification of Service Issues
• The results of the preceding tasks, in addition to any other activities that may be proposed and
undertaken by the consultants, shall be compiled along with a summary of findings and
discussion of the issues including, but not limited to, the impact on route alignments, increased
number of routes, ITS integration, interlining, innovative delivery of transit services, coverage
versus productivity issues,and cost projection with containment strategies. It is vital that the
consultant interview APT drivers, supervisors,dispatcher/reservationists and management as
part of the task. This summary should assess the current structure of APT services in terms of
the degree of match and mis-match with identified mobility needs and issues. Consultant shall
conduct a transit services inventory and assessment and shall become familiar with existing
plans for future development of the transit system. The consultant will need to establish an
understanding of the system's:
o Current service;
o Overview of funding and financial constraints;
o Coordination with connecting agencies;
o Strategies to improve;
o Facilities and organization that service the seniors and persons with disabilities and low
income populations
o Commitments and/or desires to serve specific areas/facilities including Fort Gordon.
• A discussion of performance measures should be included,assessing individual services' relative
viability in relation to measures of effectiveness and efficiency. Coverage of the overall service
area,as well as coverage of individual jurisdictions, should be addressed. Findings from Phase I
shall be presented at a scheduled meeting of the APT Advisory Committee.
Phase II. Development and Presentation of Alternatives
Task 2.A. Describe Current and Projected Funding Levels
• The consultants shall summarize current APT operations and capital funding by source in
relation to the existing flows of funds.
Task 2.B. Identify Service Alternatives
• The consultants shall prepare alternatives based upon the review and discussion of issues
from Phase I. These shall be developed in the context of existing, identifiable funding levels,
but may also incorporate reasonable expectations of bringing in new funding sources,where
such funds are identified. Issues to be addressed include but are not limited to:
o Coverage compared to productivity assessment;
o Realignment of current routes;
o Recommendations for alternative headways;
o Analysis of peak service;
o Areas for new route development;
o Areas to reduce service and/or deletions;
o Analysis of bus stop locations for safety and efficiency;
o Recovery time;
o Detailed examination of fares,fare media and the lack of/possible use of transfers
for fixed route and ADA paratransit;
o Possible system redesign;
o Examine the current use of and possible increased ITS integration;
o Hours of operation;
o Identify Ladders of Opportunity linkages:
Task 2.C. Public Comment Opportunity
• Upon preparation of the outline of proposed alternatives,the consultants shall schedule and
conduct at least two noticed public meetings. These meetings shall be held for purposes of
providing the public with an opportunity to hear a summary of key study findings,the
proposed service goals and objectives and a presentation of the proposed service
alternatives. The public will be invited to offer comment and observations on the proposed
alternatives,for consideration by the consultant and APT staff in developing the preferred
alternative(s).
• The consultants shall be responsible for designing the public meeting format, and shall
attend the meetings to present study findings and proposed service alternatives,and to
receive public comment. A formal written summary of public comments and how that
comment was incorporated into the plans shall be prepared and included as part of the final
study products.
• The consulting team will prepare strategy for staging and attracting public. APT will assist in
securing meeting locations and disseminating notice of the public meetings. The same
process shall be presented to the APT drivers, supervisors, dispatcher/reservationists and
management for input.
• Meetings.The CONSULTANT shall participate in at least two (2)to three (3) public meetings
held with community groups, committees and governing boards regarding this analysis and
CONSULTANT may be requested to present the Final Report in person to a group
determined by Augusta Public Transportation. Presentation(s)shall consist of full color copy
handouts, MS Office PowerPoint presentation(s),and copies of data collected during
project.
Phase Ill. Development of an Action Plan
Task 3.A. Preparation of an Action Plan
• Modified by input developed through the Technical Advisory Committee,and after addressing
comments or concerns raised by members of the public and APT employees,the consultant
team shall develop a recommended action plan. At a minimum this shall include:
o Proposed immediate changes and modification(within one year). Prioritized long
term changes, possibly with a phased-in program over three years;
o APT staffing requirements needed to implement proposed action plan;
o Operations and Capital budget requirements and funding plan, including
identification of funding sources;
o Timeline for implementation;
o Selected strategies and tools for implementation.
• Any immediate changes proposed to the routing structure should be accompanied by
detailed graphic depictions of route modifications. Longer term service changes may be
described conceptually in narrative form but should also be conveyed in some graphic
format.
Task 4.B. Develop an Overall Capital Plan for the Entire APT Area for the Study Period
• Replacement and Expansion buses—based on service changes,expansion and other
recommendation,the consultant shall work closely with APT administration including the
Director,the Finance Director, and the vehicle maintenance manager to develop a detailed fleet
plan for the next seven years. This will include estimated costs and funding streams;
• Amenities—Shelters, lighting, benches,trash cans,etc.;
• Facilities;
• Security needs;
• New Transit Points/Centers and improvements;
• New technology in buses and at facilities;
• Smart card.
Task 4.C. Presentation of the Action Plan
• The Action Plan should be easy to read for a variety of audiences: general public,elected
officials and stakeholders, as well as regulatory and decision making agencies like GDOT, FTA
and FHWA. Consultant will deliver thirty-five(35) hard color copies of the Action Plan.
• All deliveries will also be provided in an editable electronic format such as Microsoft Word or
approved equal. Graphics, mapping, databases, etc. outside of Microsoft Word or equal will be
provided in a software format agreed upon by the Consultant and the Client. Electronic versions
of all maps including individual routes and system maps produced for this study shall also be
provided in GIS format. In addition,data tables and respective databases comprised of on-
board or passenger surveys shall be provided in electronic format.
EXHIBIT B
PROJECT BUDGET
22