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HomeMy WebLinkAboutFY 2017 TRANSIT PLANNING SERVICES CONTRACT AGREEMENT FOR TRANSIT PLANNING ASSISTANCE BETWEEN DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA AND CITY OF AUGUSTA GDOT Project ID: T005940 This Agreement made and entered into this MO-day of tit, , to by and between the DEPARTMENT OF TRANSPORTATION,an agency of the State of Georgia,hereinafter called the "DEPARTMENT'and CITY OF AUGUSTA,hereinafter called the"SPONSOR". WHEREAS, the DEPARTMENT desires to carry out certain transit or desires to carry out certain transit planning activities hereinafter referred to as the"PROJECT" as described in the CITY OF AUGUSTA FY 2017 Unified Planning Work Program;and WHEREAS,this type of planning has a profound impact upon the development of the total organized transportation services in the State of Georgia;and WHEREAS, the DEPARTMENT desires to promote such plAnning and development through its participation in such planning;and WHEREAS, under Section 32-9-1(b) of the Oficial Code of Georgia, Annotated, the DEPARTMENT is authorized to participate in such an undertaking;and WHEREAS, in a letter to the Federal Transit Administration (FTA) and Federal Highway Administration(FHWA)dated January 24, 1979,the governor,as Chief Executive of the State designated the Department as his representative on transportation matters in Georgia and as the recipient for 49 U.S.C. 5303 funds;and WHEREAS, upon receipt of the SPONSOR'S grant application, the DEPARTMENT did review said grant and the DEPARTMENT did file with the Office of Federal Transit Administration (FTA), on behalf of the SPONSOR, a request for approval for funding of Planning Assistance to the SPONSOR for the CITY OF AUGUSTA FY 2017 Unified Planning Work Program. NOW THEREFORE, for and in consideration of the mutual promises and covenants made, it is agreed by and between the DEPARTMENT and the SPONSOR: ARTICT P.I SCOPE AND PROCEDURES This Agreement covers the obligations of the DEPARTMENT and the SPONSOR in connection with the FTA granting Section 5303 funds to the DEPARTMENT to be used for planning assistance in the CITY OF AUGUSTA area,the terms and conditions of said funding as agreed to in the Application for funding,on file at the DEPARTMENT and incorporated as if fully set out herein. The SCOPE AND PROCEDURE for this PROJECT shall be that as described in the CITY OF AUGUSTA FY 2017 Unified Planning Work Program, on file at the DEPARTMENT and incorporated as if fully set out herein. The SPONSOR shall perform the services to accomplish the work as stated in the aforementioned Application for funding, 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 Application for funding. ARTICLE II COVENANT AGAINST CONTINGENT FEES The SPONSOR shall comply with all relevant federal, state, and local laws.The SPONSOR warrants that it has not employed or retained any company or person,other than a bona fide employee working solely for the SPONSOR to solicit or secure this Contract,and that it has not paid or agreed to pay any person other than a bona fide employee working solely for the SPONSOR, any fee, commission, percentage, brokerage fee, gifts,or any other consideration,contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul this Contract without liability or at its discretion to deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee,commission,percentage,brokerage fee,gift or contingent fee. 2 ARTICLE III EMPLOYMENT OF DEPARTMENTS PERSONNEL The SPONSOR shall not employ any person or persons in the employ of the DEPARTMENT for any work required by the terms of this Contract,without the written permission of the DEPARTMENT except as may otherwise be provided for herein. ARTICLE IV REVIEW OF WORK AND APPROVAL Authorized representatives of the DEPARTMENT and Federal Government may during normal office hours review and inspect the PROJECT activities, data collected, and financial records of the SPONSOR pertaining to the PROJECT. All reports, drawings, studies, specifications, estimates, maps, and computations prepared by or for the SPONSOR shall be made available to authorized representatives of the DEPARTMENT and representatives of the Federal Government for inspection and review during normal office hours in the general office of the SPONSOR.Acceptance shall not relieve the SPONSOR of its professional obligation to correct,at its expense,any of its errors in the work. The DEPARTMENT will pay to the Sponsor for the performance of this Contract an amount equal to 90%of such direct and indirect costs as are incurred by the SPONSOR and are chargeable to the PROJECT under generally accepted principles and as allowed in Federal Acquisition Regulations Sub-Part 31.6,and not prohibited by the Laws of the State of Georgia. The direct costs shall include salaries and wages,the cost of materials and supplies,travel, and other miscellaneous direct costs incurred by the SPONSOR and approved by the DEPARTMENT.The validity of the direct and indirect costs may be verified from the cost records of the SPONSOR by authorized representatives of the DEPARTMENT as the work progresses, and in any event,before final settlement of the SPONSOR'S costs under the Contract 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 cost when such items are of the nature and kind of tools,instruments or equipment normally and generally used in an office or laboratory. The rate of compensation for work performed on this PROJECT by a professional staff member or employee of the SPONSOR shall not exceed the salary rate of such person that is applicable to its other activities for the SPONSOR. Charges for salaries and wages of individuals will be supported by time and 3 attendance and payroll distribution records.Premium pay 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 A or unless costs have been given prior approval by the DEPARTMENT. No expense for travel outside the State of Georgia shall be allowed under this Contract unless such travel is approved in writing in advance by the DEPARTMENT.In addition,allowable costs for travel within the State of Georgia shall be limited to the amount included in the Budget Estimate in EX B3IT A, or when prior written approval by the DEPARTMENT is obtained for increasing such amount. The SPONSOR warrants that the billings rendered under the terms of this Agreement shall include the work performed only within the State of Georgia. ARTICLE V AUTHORIZATION AND APPROVAL TIME IS OF THE ESSENCE TO THIS AGREEMENT. The DESIGNATED AGENCY shall initiate the work called for in the CITY OF AUGUSTA FY 2017 Unified Planning Work Program on 07/01/2016.The work outlined therein shall be completed no later than 06/30/2017.The work shall be carried on expeditiously and in accordance with the work schedule as exhibited in Exhibit A. It is understood and agreed this Agreement is contingent upon FTA approval of the funding assistance and distribution as described in EXHIBIT A for this project and that any payment to the SPONSOR by the DEPARTMENT will be made subject provisions set forth in ARTICLE VII. ARTICLE VI RESPONSIBILITY FOR CLAIMS AND LIABILITY TO THE EXTENT PROVIDED FOR BY THE LAW, the SPONSOR shall be responsible for any and all damages to property or persons and shall save harmless the DEPARTMENT, its officers, agents and employees,from all suits,claims,actions,or damages of any nature whatsoever resulting from the negligence of the SPONSOR in the performance of work under this Agreement, and further, the SPONSOR agrees to hold harmless the DEPARTMENT from suits, claims,actions, or damages of any nature whatsoever by any person, firm, corporation, or governmental body resulting from any defective equipment or material purchased by the SPONSOR under this Agreement or from the installation and purchase thereof or from operation of equipment and materials already owned by the SPONSOR. 4 ARTICLE VII COMPENSATION It is understood and agreed that the total estimated cost for providing of transit planning assistance by the DEPARTMENT as shown in EXHIBIT A,BUDGET ESTIMATE,which is attached hereto and made a part of this Agreement as if fully set out herein, is TWO HUNDRED TWO THOUSAND THREE HUNDRED TWENTY-ONE and 60/100 Dollars ($202,32.60). The SPONSOR'S total estimated share is TWENTY THOUSAND TWO HUNDRED THIRTY-TWO and 16/100 Dollars ($20,232.16)or ten percent (10%) of the total planning cost. For the purposes of the DEPARTMENT'S maximum obligation for the SPONSOR'S transit planning program, if the total estimated cost as shown in EXHIBIT A is less than $202,321.60 then the DEPARTMENT shall be required to pay only ninety percent(90%)of the total actual cost up to a maximum of ONE HUNDRED EIGHTY TWO THOUSAND EIGHTY-NINE and 44/100 Dollars ($182,089.44) in an amount equal to eighty percent (80%) FTA funds and ten percent (10%) DEPARTMENT funds. The SPONSOR shall submit to the DEPARTMENT properly documented statements which indicate the progress of the work and the percentage of the total work accomplished to the date of the statements. The DEPARTMENT will then make partial payment or final payment based upon the percentage of total work accomplished, and approved by the DEPARTMENT, as specified in ARTICLE DC, PARTIAL PAYMENT and FINAL PAYMENT. It is further understood and agreed that any line item budget estimate shown in EXHIBIT"A"may be increased or decreased without the execution of a Supplemental Agreement, provided that the DEPARTMENT'S total maximum obligation under this agreement is not changed,if said change is requested in writing by the SPONSOR and approved in writing by the DEPARTMENT. The DEPARTMENT'S maximum obligation as set forth above is funded by the FTA. No entity of the State of Georgia other than the DEPARTMENT has any obligations to the SPONSOR related to this project. This agreement does not obligate the DEPARTMENT to make any payment to the SPONSOR from any funds other than those made available to the DEPARTMENT from the FTA. The obligation of the DEPARTMENT to pay or reimburse the SPONSOR is expressly limited to the amount of funds remitted to the DEPARTMENT by the FTA. Payments of invoices will be contingent upon the receipt of funds from the FTA,and therefore the DEPARTMENT does not make any commitment to the 5 SPONSOR as to the timing of when payment to the SPONSOR will be made. In the event the funds made available to the DEPARTMENT by the FTA are insufficient for the project,the DEPART_MENT's payment obligations shall not exceed the availability of such FTA funds and the DEPARTMENT shall have the right at its sole discretion to terminate this agreement immediately upon notice to the SPONSOR without further obligation of the DEPARTMENT. ARTICLE VIII SUBSTANTIAL CHANGES If, prior to the satisfactory performance of the services, under this Contract, the DEPARTMENT materially alters the scope,character,complexity,or duration of the PROJECT from those required under the Agreement,a Supplemental Agreement may be executed between the two parties. Minor changes in the work which do not involve increased compensation, extensions of time, or changes in the goals and objectives of the work may be made by written notification of such change by either the DEPARTMENT or the CONSULTANT with written approval by the other party. ARTICLE IX PAYMENTS A. PARTIAL PAYMENT: The SPONSOR shall submit to the DEPARTMENT properly documented invoices stating,in reasonable detail,the actual expenses incurred by the SPONSOR on the PROJECT for the invoice period for transit planning activities as described in EXHIBIT A, BUDGET ESTIMATE. Upon the basis of its review and approval of such invoices,the DEPARTMENT will,at the request of the SPONSOR, make payment to the SPONSOR pursuant to this ARTICLE as the PROJECT progresses but not more than once a month. Payment will be made by the DEPARTMENT for expenses incurred by the SPONSOR,less any previous partial payment, of the compensation specified in this Contract. It is agreed that under no circumstances will the DEPARTMENT be responsible or obligated to pay to the SPONSOR more than ninety percent (90%) of the SPONSOR'S total actual cost for transit planning activities as specified in EXHIBIT A attached to this Agreement. The SPONSOR further expressly agrees that the DEPARTMENT may set-off against the partial payment provided hereunder, an amount equal to that amount which has been identified by either State or Federal audit as an unallowable expenditure in any contract between the SPONSOR and the DEPARTMENT on which payments,subject to final audit,have been made. 6 B. FINAL PAYMENT: IT IS FURTHER AGREED that upon completion of the work in accordance with this Agreement, the SPONSOR shall submit to the DEPARTMENT an audited final statement of costs.The audit of the final statement shall be performed by an independent auditor or audit firm and shall conform to 2 CFR 200 SUBPART F. The DEPARTMENT, at its discretion may accept the independent audit or conduct its own audit of PROJECT costs. Upon approval of the final invoice by the DEPARTMENT, the DEPARTMENT will pay to the SPONSOR a sum equal to one hundred percent (100%) of the compensation it owes the SPONSOR less the total of all previous partial payments paid or in the process of payment. The SPONSOR agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the DEPARTMENT for work done, materials furnished, cost incurred, or otherwise arising out of this Agreement, and shall release the DEPARTMENT from any and all 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. If a final audit statement is not received by the DEPARTMENT by ninety days from the expiration date as provided for in Article V, Authorization and Approval, the DEPARTMENT may at its discretion consider the last invoice submitted by the SPONSOR as the final invoice and may proceed with final close out proceedings. In completing the final close out, the DEPARTMENT may set-off against any remaining balance in any contract between the DEPARTMENT and SPONSOR an amount equal to the unallowable expenditure as provided for in Article IX, Payments. When the final closes out proceedings are completed, the DEPARTMENT will send a copy of the audit certificate to the SPONSOR. Upon transmission of the audit certification, this Agreement will be considered closed and all terms will be considered satisfied, provided, however this does not relieve the SPONSOR from the responsibility of submitting to the DEPARTMENT a final audit report. ARTICLE X PUBLICATIONS Articles, papers, bulletins, reports or other material reporting the results and findings of the work conducted under this Agreement shall not be presented publicly or published without prior approval in writing of the DEPARTMENT. Publications and reports officially released after the date of execution of this Agreement describing the results of any investigation hereunder participated in by the DEPARTMENT shall give recognition to the 7 DEPARTMENT in the text and title page to the nature of its cooperative character. The following statement,unless mutually agreed in writing to be waived, shall appear on the cover or title page of all said publications and reports released by the SPONSOR "The contents of this report reflect the views of the persons preparing the document and those individuals are responsible for the facts and the accuracy of the data presented herein. The contents of this report do not necessarily reflect the views or policies of the Department of Transportation of the State of Georgia. This report does not constitute a standard,specification or regulation." ARTICLE XI MAIN PENANCE OF CONTRACT COST RECORDS The SPONSOR shall maintain all books, documents,papers, accounting records, and other evidence pertaining to costs incurred on the PROJECT and shall make such material available at all reasonable times during the period of the Agreement, and for three (3) years from the date of final payment under this Agreement, for inspection by the DEPARTMENT and any reviewing agencies, and copies thereof shall be furnished if requested. The SPONSOR agrees that the provisions of this Article shall be included in any Contract it may make with any subcontractor,assignee,or transferee. ARTICLE XII CONTRACT DISPUTES AND TERMINATION 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. The DEPARTMENT reserves the right to terminate the Contract at any time for just cause upon thirty(30) days written notice to the SPONSOR notwithstanding any just claims by the SPONSOR for payment of services rendered prior to the date of termination. ARTICLE XIII SUBLETTING,ASSIGNMENT OR TRANSFER It is understood by the parties to this Agreement that the work of the SPONSOR is considered personal by the DEPARTMENT. The SPONSOR agrees not to assign, sublet, or transfer any or all of its interest in this Agreement without prior written approval by the DEPARTMENT. 8 The DEPARTMENT reserves the right to review all subcontracts prepared in connection with the Agreement and the SPONSOR agrees that it will submit to the DEPARTMENT proposed subcontract documents together with subcontractor cost estimates for the DEPARTMENTS review and concurrence in advance of their execution. ARTICLE XIV USE OF DOCUMENTS The SPONSOR agrees that all reports, drawings, studies, specifications, estimates, maps, computations,and other data prepared by or for it under the terms of this Contract shall be made available to the DEPARTMENT at all reasonable times during the period of the Contract and upon termination or completion of the work. The DEPARTMENT shall have the right to use same without restriction or limitation and with compensation to the SPONSOR other than that provided for in this Agreement. ARTICLE XV COMPLIANCE WITH APPLICABLE LAWS A. The undersigned certify that the provisions of Code Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated,relating to Conflict of Interest,have been complied with in full. B. IT IS FURTHER agreed that the SPONSOR shall comply and shall require its Consultants to comply with the requirements in GEORGIA DEPARTMENT OF TRANSPORTATION, EXHIBIT B, CERTIFICATION OF SPONSOR, COMPLIANCE WITH STATE AUDIT REQUIREMENT, attached hereto and made a part of this Agreement as if fully set out herein. C. IT IS FURTHER CERTIFIED that the provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated,relating to the "Drug-Free Workplace Act"have been complied with in full, as stated in EXHIBIT C of this Agreement. D. IT IS FURTHER agreed that the SPONSOR shall comply and shall require its Consultants to comply with the requirements in GEORGIA DEPARTMENT OF TRANSPORTATION, EXHIBIT D, and GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT REQUIREMENT, as attached in this Agreement. E. The SPONSOR shall comply and require its consultants to comply with the applicable requirements of the Americans with Disabilities Act 9 F. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require its Consultants to comply with the "SPECIAL PROVISION," requirements in accordance with Executive Order No. 13153,Federal Leadership on Reducing Text Messaging while driving,October 1,2009,23 U.S.C.A.— 402 note, and DOT Order 3902.10,Text Messaging December 30, 2009,incorporated by reference and made a part of this Agreement as if fully setout herein. G. IT IS FURTHER AGREED that the SPONSOR shall comply and shall require its subcontractors to comply with requirements in GEORGIA DEPARTMENT OF TRANSPORTATION, TERMS AND CONDITIONS, United States of America Department of Transportation Federal Transit Administration, Master Agreement, located at www.fta.dot.gov/documents/21-Master.pdf, incorporated by reference and made a part of this Agreement as if fully set out herein. H. The SPONSOR shall comply and require its consultants to comply with the requirements of 49 U.S.C. 5333(b),Labor Standards as more specifically referenced in U.S.Department of Labor correspondence dated, January 8, 1996,incorporated by reference as if fully set out herein. 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. (Remainder of this page intentionally left blank) 10 IN WITNESS WHEREOF,said parties have hereunto set their hands and affixed their seals the day and year above first written. DEPARTMENT OF TRANSPORTATION BY: CITY OF AUGUSTA: CZMA11( it yttsrlia /144s4:" 4417 Commissioner {SEAL} BY: 41 1°1zG`/l� A r .T: It Title: �'" l Al i i AP dill i I i I Fill of T`'� ir � IN THE PRESENCE OF: "1/4a \41. •it c ': off._ .^ ;04-:`x,-. Op.40 p•• ' tr `' I >% J )a k • Pr ! 06,,* • ' ` �3.� Witness ti 4iIZa s'c isbiblfSigned thisaAay of NOsternkc , 201/L, in the presence of: oiamNu,''''• Notary Public altaimailmite �ktare�► ARY 6 .....„, ©=PUtrF201. EDERAL EMPLOYER �. IDENTIFICATION NUMBER: \took." 5S3-2.-- 2 D'A 2-1 (::0 NNS 11 EXHIBIT A BUDGET ESTIMATE FY17-FTA 5303 PLANNING July 1,2016-June 30, 2017 CITY OF AUGUSTA Budget Amount ALI BUDGET LINE ITEM DESCRIPTION Scope Total Federal Share State Share Local Share 44.21.00 Program Support and Administration 442-Al $117,543.00 $94,034.,• $11,754.36 $11,754.30 General Development and Comprehensive 44.22.00 Planning 442-Al $29,778.60 $23,822.8 $2,977.86 $2,977.86 Longe Range Transportation Planning(System 44.23.01 Level) 442-Al $4,000.00 $3,200.00 $400.00 $400.00 Longe Range Transportation Planning(Project 44.23.02 Level) 442-Al $6,000.00 $4,800.06 $600.00 $600.00 44.24.00 Short Range Transportation Planning 442-Al $5,000.00 $4,000.0* $500.00 $500.00 44.25.00 Transportation Improvement Program 442-Al $20,000.00 $16,000... $2,000.0' $2,000.00 Coordination of Non-Emergency Human Serivice 44.26.12 Transportation 442-Al $4,000.00 $3,200.0 • $400.00 $400.10 Participation of Transit Operators in 44.26.13 Metropolitan&Statewide Planning 442-Al $10,000.00 $8,000.0* $1,000.0' $1,000..' 44.27.00 Other Activities 442-Al $6,000.00 $4,800.0. $600.00 $600,0' Total Project Cost $202,321.60 $161,857. $20,232.1• $20,232.16 Total Maximum of Federal and State Funds This Contract: Fund Sources) $161,857.2.,I16BA S 0232.1. 01174 $182,089.44 Funding Disbursements: Federal(80%) $161,857.28 State(10%) $20,232.16 Local(10%) $20,232.16 Total Project Cost $202,321.60 PID Number-T005940 Grant Number:GA-2016-002-02 FTA Project#-GA-2016-002-01-00 FTA PO#-GA-80-0010 CFDA:20.505 DUNS#073438418 EXHIBIT A,BUDGET REVISION EXHIBIT B CERTIFICATION OF SPONSOR COMPLIANCE WITH STATE AUDIT REQUIREMENT Y hereby certify that : a grinci, an. duly authorized representative of 04 whose address is 15 1 ' ,and it is also certified that: ) fir ' G-Tabi• 01 The • :'isions if Section 36-81-7 of the Official Code of Georgia Annotated, relating to the "Requirement of Audits"shall be complied with throughout the contract period in full such that: (a) Each unit of local government having a population in excess of 1,500 persons or expenditures of $175,000.00 or more shall provide for and cause to be made an annual audit of the financial affairs and transactions of all funds and activities of the local government for each fiscal year of the local government. (b) The governing authority of each local unit of government not included above shall provide for and cause to be made the audit required not less often than once every two fiscal years. (c) The governing authority of each local unit of government having expenditures of less than $175,000.00 in that government's most recently ended fiscal year may elect to provide for and cause to be made,in lieu of the biennial audit,an annual report of agreed upon procedures for that fiscal year. (d)A copy of the report and any comments made by the state auditor shall be maintained as a public record for public inspection during the regular working hours at the principal office of the local government. Those units of local government not having a principal office shall provide a notification to the public as to the location of and times during which the public may inspect the report. (e) The audits of each local government shall be conducted in accordance with the generally accepted government auditing standards. ) 1 003 (U -17euk--- 0-Th Date f(bc Signature EXHIBIT C CERTIFICATION OF SPONSOR DRUG-FREE WORKPLACE I hereby certify .1 am a . 'r 'pa)and duly orized representative of ( , G-C) whose address is ,.�s and it is also thd: ProVRIT : . 1 t • ,,,qO,, (1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the"Drug Free Workplace Act"have been complied with in full;and (2) A drug-free workplace will be provided for the Sponsor's employees during the performance of the contract;and (3) Each subcontractor hired by the Sponsor shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The Sponsor shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with the Sponsor, certifies to the Sponsor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph(7)of subsection(b)of the Official Code of Georgia Annotated Section 50-24-3";and (4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract. ILO -1/74,44.4d: Date Signat e EXHIBIT D GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Name of Contracting Entity: CITY OF AUGUSTA Contract No.and Name: T005939—FY 17—FTA 5303 Planning By executing this affidavit,the undersigned person or entity verifies its compliance with O.C.G.A. § 13- 10-91, stating affirmatively that the individual, firm, or entity which is contracting with the Georgia Department of Transportation has registered with, is authorized to participate in, and is participating in the federal work authorization program commonly known as E-Verify, or any subsequent replacement program,in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. The undersigned person or entity further agrees that it will continue to use the federal work authorization program throughout the contract period, and it will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the undersigned with the information required by O.C.GA. § 13-10-91(b). The undersigned person or entity further agrees to maintain records of such compliance and provide a copy of each such verification to the Georgia Department of Transportation within five(5)business days after any subcontractor is retained to perform such service. is q 23 ;# E-Verify/Company Identification Number 46+Signature of Authorized Officer or Agent VZOt abl .Vc, pvi:, Date of uth 'on Printed Name of Authorized Officer or Agent Title of Aithorized Officer or Agent 111.0.91 lb Date SUBSCRIBED AND SWORN yp BEFO ME ON THIS THE �p 1141**44SINA DAY OF N'y(Qr� ), ,201 Le �� .Q Y i11viW4V .� My Commission Expires: ••...,''`'.+ MyConrndoMoe SiMrw Moran* EXHIBIT D Rased 12/01/11 APPENDIX A CERTIFICATION OF SPONSOR I hereby certify that I am the h, !._���- and duly authorized representative of the �_ i,, .._►.1 firm �.� +�:. 1. : 111'. » k. whose address is `; 1,,E` . I h- -0 certify to the best of my knowledge and belief that I. No Federal appropriated funds have been aid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative agreement,and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying', in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000.00 and not more than$100,000.00 for each such failure. The prospective participant also agrees by submitting its bid the participant shall require that the language of this certification will be included in all lower tier subcontracts which exceed $10,000.00 and that all such sub- recipients shall certify and disclose accordingly. I also certify that neither I nor the above fine I here represent has: (a) employed or retained for a commission, percentage, brokerage contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above Sponsor)to solicit or secure this agreement. (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement,or (c) paid or agreed to pay,to any finn,organization or person(other than a bona fide employee working solely for me or the above Sponsor) any fee, contribution, donation, or consideration of any kind for,or in connection with,procuring or carrying out the agreement;except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Department of Transportation and the Federal Transit Administration,U.S. Department of Transportation, in connection with this Agreement involving participation of Federal-aid Transit funds,and is subject to applicable State and Federal laws,both ' 1. 11:la2021 u'J jL't ,a te xem Signature APPENDIX B CERTIFICATION OF DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA I hereby certify that I am the Commissioner of the Department of Transportation of the State of Georgia, and that the above consulting firm,or its representative has not been required,directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ or retain,or agree to employ or retain,any firm or person,or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind;except as here expressly stated,(if any): I acknowledge that this certificate is to be furnished to the Federal Transit Administration, U.S. Department of Transportation, in connection with this Agreement involving participation of Federal-aid Transit Funds, and is subject to applicable State and Federal Laws,both criminal and civil. 12.ttip )tom 4-• /117117e Date Commissioner t APPENDIX C PRIMARY CONTRACTOR CERTIFICATION REGARDING DISBARMENT,SUSPENSION, AND OTHER RESPONSIBILITY MATTERS I hereb certify that I am the ,., �� : d dul representative of U. ;it i • ,whose address ' '1',A'1111 n1 . ! i . that I have t un• s the attached instructions and that to the best of 'y • owl-' . .'d belie tru and its representatives: (a) Are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by the Georgia Department of Transportation and by any Federal department or agency; (b) Have not within a three year period preceding this Agreement been convicted of or had a civil judgement rendered against the fine or its representatives for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain or performing a public(Federal,State,or Local)transaction or contract under a public transaction in violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen pr'oPerty; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State or Local)with commission of any of the offense enumerated in paragraph(b)of this certification; (d) Have not within a three year period preceding this Agreement had one or more public transaction(Federal, State or Local)terminated for cause or default; and (e) That the firm will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction" as attached hereto and without motivation,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of this Agreement and other remedies available to the Georgia Department of Transportation and Federal Government. I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation, in connection with this Agreement involving participation of Federal-Aid Transit Funds,and is subject to applicable State and Federal laws,both criminal and civil. f1 / (S ) !n/26It �. / • �a j. \IA • 44k. dies• Ar EORGt Instructions for Appendix C Certification Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions (Sponsors) 1. By signing and submitting this contract the Sponsor is providing the certification set out in Appendix C. 2. The inability of the Sponsor to provide the certification required may not necessarily result in denial of participation in this covered transaction. The Sponsor shall then submit an explanation of why it cannot provide the certification. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Sponsor to furnish a certification or an explanation shall disqualify such person or firm from participation in this transaction. 3. The certification, Appendix C, is a material representation of fact upon which reliance is placed by the Department before entering into this transaction. If it is later determined that the Sponsor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department may terminate this transaction for cause of default. 4. The Sponsor shall provide immediate written notice to the Department if at any time the Sponsor learns that it certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms"covered transaction","debarred","suspended", "ineligible","lower tier covered transaction","participant","person","primary covered transaction","principal","proposal", and "voluntarily excluded", as used in these instructions and the certification,have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Department for assistance in obtaining a copy of those regulations. 6. The Sponsor agrees by submitting this proposal/contract that should the proposed covered transaction be entered into,it shall not knowingly enter into a lower tier covered transaction with a person/firm who is debarred,suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the Department. 7. The Sponsor further agrees by submitting this proposal/contract that it will include the clause titled "Certification Regarding Debarment, Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction", as provided by the Department without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A Sponsor in a covered transaction may rely upon a certification of a prospective participant in lower tier covered transaction that it is not debarred,suspended,ineligible or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. The Sponsor may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by these instructions. The knowledge and information of Sponsor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if the Sponsor in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this transaction in addition to other remedies available to the Federal Government, the Georgia Department of Transportation may terminate this transaction for cause or default. APPENDIX D LOWER TIER CONTRACTOR CERTIFICATION REGARDING DISBARMENT,SUSPENSION, AND OTHER RESPONSIBILITY MATTERS I a ereby - a, that am the r S. ._.I i gad dul auth•�j• re :,,i,-.,;ve of el. ib,, * r. whose - s '"T. ‘ i 4 • *1 ', `I" ', a I certify that I hay. •a : ►, and 41,1 a the attached instructions and that to the '� of my know ._ and belie the firm and its representatives: (a) Are not presently debarred,suspended,proposed for debarment,declared ineligible or voluntarily excluded from covered transactions by the Georgia Department of Transportation and by any Federal department or may; (b) I acknowledge that this certification is provided pursuant to Executive Order 12549 and 49 CFR Part 29 and that this firm agrees to abide by the rules and conditions set forth therein for any misrepresentation that would render this certification erroneous, including termination of this Agreement and other remedies available to the Georgia Department of Transportation and Federal Government. (c) I further acknowledge that this certificate is to be furnished to the Georgia Department of Transportation,in connection with the Prime Contractor Agreement involving the participation of Federal Aid Transit Funds, and is subject to applicable State and Federal laws,both criminal and civil. r Ilio/PilU 4,4Ate,, /0/Aer; 460 Date _. let e .//j, ./i • 1:1ii° 1 TO gil I 4\444o CEORGt+.Y►'' # w Instructions for Appendix D Certification Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion---Lower Tier Covered Transactions This certification applies to subcontractors,material suppliers,vendors and other lower tier participants. 1. By signing and submitting this proposal,the prospective lower tier participant is providing the certification set out in Appendix D. 2. The certification,Appendix D,is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government,the Department or Agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which the proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "covered transaction", "debarred", "suspended", ineligible", "lower tier covered transaction", "participant", "person", "primary covered transaction", "principal", "proposal", and "voluntarily excluded", as used in these instructions and the certification, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this proposal/contract that should the proposed covered transaction be entered into,it shall not knowingly enter into a lower tier covered transaction with a person/firm who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction unless authorized by the Department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this propbsal/contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - - - Lower Tier Covered Transaction", without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Non-procurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if the participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,ineligible, or voluntarily excluded from participation in this transaction in addition to other remedies available to the Federal Government, the department or agency may pursue available remedies,including suspension and/or debarment