HomeMy WebLinkAboutPROJECT FRAMEWORK AGREEMENT WITH THE GEORGIA DEPARTMENT OF TRANSPORTATION FOR THE WILLIS FOREMAN ROAD IMPROVEMENTS PROJECT (DEANS BRIDGE ROAD TO PEACH ORCHARD ROAD) `a .
PI".#.00 43703`I3tchmon4 Gotinty
PROJECT FRAMEWORK 0013703 and hereinafter referred to as the
AGREEMENT "PROJECT";and
BY AND BETWEEN
GEORGIA DEPARTMENT OF WHEREAS, the LOCAL GOVERNMENT
TRANSPORTATION has represented to the DEPARTMENT a desire to
AND participate in certain activities, as applicable,
AUGUSTA-RICHMOND COUNTY including the funding of certain portions of the
FOR PROJECT and the DEPARTMENT has relied upon
TRANSPORTATION FACILITY suchrepresentations; and
IMPROVEMENTS WHEREAS, the DEPARTMENT has
expressed a willingness to participate in certain
Please indicate which Catalog of activities of the PROJECT as set forth in this
Domestic Federal Assistance Number Agreement;and
(CFDA)applies to this agreement
(Check only one): WHEREAS, the Constitution authorizes
intergovernmental agreements whereby state and
CFDA#20.205 - local entities may contract with one another "for
Highway Planning and joint services, for the provision of services, or for
Construction Cluster the joint or separate use of facilities or equipment;
0 CFDA# 20.219 - but such contracts must deal with activities,
Recreational Trails services or facilities which the contracting parties
Program are authorized by law to undertake or provide."
Ga. Constitution Article IX, §III,
This Project Framework NOW THEREFORE, in consideration of
Agreement for Transportation Facility the mutual promises made and of the benefits to
Improvements is made and entered into flow from one to the other, the DEPARTMENT
this I"-day o f Dual, 20 , by and and the LOCAL GOVERNMENT hereby agree
between the GEORGIA DEPARTMENT each with the other as follows:
OF TRANSPORTATION, an agency of
the State of Georgia, hereinafter called 1. The LOCAL GOVERNMENT has
the "DEPARTMENT", and Augusta- applied for and received "Qualification
Richmond County, acting by and Certification" to administer federal-aid projects.
through its Mayor and City Council or The GDOT Local Administered Project (LAP)
Board of Commissioners, hereinafter Certification Committee has reviewed, confirmed
called the "LOCAL GOVERNMENT". and approved the LAP certification for the LOCAL
GOVERNMENT to develop federal project(s)
WHEREAS, the LOCAL within the scope of its certification and pursuant to
GOVERNMENT has represented to the and in accordance with the DEPARTMENT'S
DEPARTMENT a desire to improve the current versions of Local Administered Project
transportation facility described in Manual, the DEPARTMENT'S Plan Development
Exhibit "A", attached and incorporated Process (hereinafter referred to as "PDP"),
herein by reference, identified as PI # Electronic Data Guidelines, Plan Presentation
• 4,
PI 400 13703 fR Chatnorack Qounty
Guide, and any other applicable Officials, hereinafterreferred to as "AASHTO", the
DEPARTMENT guidance (except in DEPARTMENT'S Standard Specifications
those instances where the Construction of Transportation Systems, and all
DEPARTMENT has by written applicable design guidelines and policies of the
correspondence waived the requirement DEPARTMENT, in order to, among other goals,
to follow specific guidance). produce a cost effective PROJECT. Failure to
follow the PDP and all applicable guidelines and
2. The DEPARTMENT policies will jeopardize the use of federal funds in
shall participate in the PROJECT by some or all categories outlined in this Agreement,
funding all or certain portions of the and it shall be the responsibility of the LOCAL
PROJECT costs for the preconstruction GOVERNMENT to make up the loss of that
engineering (design) activities, herein funding.
referred to as "PE", as specified in
Exhibit "A". The LOCAL 6. The primary consultant firm or subconsultants
GOVERNMENT shall contribute to the hired by the LOCAL GOVERNMENT to provide
PROJECT by funding those project costs services on the PROJECT shall be prequalified
as set out in Exhibit"A". with the DEPARTMENT in the appropriate area-
classes. The DEPARTMENT shall, on request,
3. The funding portion as furnish the LOCAL GOVERNMENT with a list
identified in Attachment "A" of this of prequalified consultant firms in the appropriate
Agreement only applies to the PE. area-classes. If there is federal aid highway
Further, the LOCAL GOVERNMENT program funding participation, the LOCAL
shall be responsible for repayment of any GOVERNMENT shall comply with all applicable
expended federal funds if the PROJECT state and federal regulations for the procurement
does not proceed forward to completion of engineering and design related services
due to a lack of available funding in including but not limited to 23 C.F.R. Part 172, or
future PROJECT phases, changes in the Brooks Architect-Engineers Act of 1972, for
local priorities, or cancellation of the any consultant hired to perform work on the
PROJECT by the LOCAL PROJECT. If there are no federal aid highway
GOVERNMENT without concurrence program funding in the engineering and design
by the Federal Highway Administration related services contract, the contracting agency
(FHWA). may procure the services in accordance with its
own established policies and procedures which
4. RESERVED. reflect applicable State and local laws. However,
in such an event, the costs of consultant service
5. The LOCAL contracts that utilize only State or local funding
GOVERNMENT shall accomplish the which were not procured, negotiated, or
PE activities for the PROJECT. The PE administered in accordance with applicable
activities shall be accomplished in Federal laws and regulations would not be
accordance and pursuant to with the LAP eligible to apply toward the non-Federal share of
certification as outlined above in costs for subsequent phases (e.g., construction) of
Paragraph 1, the PDP, the applicable a project funded by the federal aid highway
guidelines of the American Association program.
of State Highway and Transportation
PF#k4Q'k8 ,,Rkchrnonc;Gayly
7. The DEPARTMENT will specified.
be responsible for all railroad
coordination on DEPARTMENT Let 10. The LOCAL GOVERNMENT
and/or State Route (On-System)projects; agrees that all reports, plans, drawings, studies,
the LOCAL GOVERNMENT shall specifications, estimates, maps, computations,
address concerns, comments, and computer files and printouts, and any other data
requirements to the satisfaction of the prepared under the terms of this Agreement shall
Railroad and the DEPARTMENT. If the become the property of the DEPARTMENT if the
LOCAL GOVERNMENT is shown to PROJECT is being let by the DEPARTMENT.
let the construction in Exhibit "A"on off- This data shall be organized, indexed, bound, and
system routes, the LOCAL delivered to the DEPARTMENT no later than the
GOVERNMENT shall be responsible for advertisement of the PROJECT for letting. The
all railroad coordination and addressing DEPARTMENT shall have the right to use this
concerns, comments, and requirements material without restriction or limitation and
to the satisfaction of the Railroad and the without compensation to the LOCAL
DEPARTMENT for PROJECT. GOVERNMENT.
8. The DEPARTMENT 11. The LOCAL GOVERNMENT shall
reserves the right to review and reserves be responsible for the professional quality,
approval authority for all aspects of the technical accuracy, and the coordination of all
PROJECT provided, however, this reports, designs, drawings, specifications, and other
review and approval does not relieve the services furnished by or on behalf of the LOCAL
LOCAL GOVERNMENT of its GOVERNMENT pursuant to this Agreement. The
responsibilities under the terms of this LOCAL GOVERNMENT shall correct or revise,
Agreement. or cause to be corrected or revised, any errors or
deficiencies in the reports, designs, drawings,
9. The LOCAL specifications, and other services furnished for this
GOVERNMENT as specified in the Local PROJECT. Failure by the LOCAL
Let Approval Form, attached and GOVERNMENT to address the errors, omissions
incorporated herein by reference as Exhibit or deficiencies within 30 days of notification shall
"B", shall be responsible for letting the cause the LOCAL GOVERNMENT to assume all
PROJECT to construction, solely responsibility for construction delays and
responsible for executing any agreements supplemental agreements caused by the errors and
with all applicable utility/railroad companies
deficiencies. All revisions shall be coordinated
and securing and awarding the construction
contract for the PROJECT. The LOCAL with the DEPARTMENT prior to issuance. The
GOVERNMENT shall provide the LOCAL GOVERNMENT shall also be responsible
DEPARTMENT with a copy of all contracts for any claim, damage, loss or expense, to the
and agreements between the LOCAL extent allowed by law that is attributable to errors,
GOVERNMENT and any other agency or omissions, or negligent acts related to the designs,
contractor associated with construction drawings, specifications, and other services
activities. The DEPARTMENT's Project furnished by or on behalf of the LOCAL
Manager who will be identified by the GOVERNMENT pursuant to this Agreement.
DEPARTMENT at a later date shall be the
primary point of contact unless otherwise
12. The Parties acknowledge that the
a.
PF,#k O'.3ZQaf kch nondGQL 1tY
following Exhibits and Attachments to c. The LOCAL
this Agreement are hereby incorporated GOVERNMENT has read and understands the
into and made a part of this Agreement regulations for STATE AUDIT REQUIREMENT
as though expressly written herein: as stated in Appendix D of this Agreement and will
comply in full with said provisions of O.C.G.A. §
EXHIBIT A—TIP/STIP Insert 36-81-7.
EXHIBIT B — Local Let Approval
Form d. By execution of this
Agreement, I, on behalf of the LOCAL
APPENDIX A — Georgia Security and GOVERNMENT, certify under penalty of law that
Immigration Compliance Act Affidavit the LOCAL GOVERNMENT is in compliance
APPENDIX B — Federal Award with the service delivery strategy law (O.C.G.A.
Identification Worksheet Sec. 36-701 et seq.) and is not debarred from
APPENDIX C — Certification of Local receiving financial assistance from the State of
Government Drug Free Workplace Georgia.
APPENDIX D — Certification of
Compliances e. The LOCAL
APPENDIX E — Title VI Certification GOVERNMENT hereby agrees that it shall
and Acknowledgement Form comply, and shall require its subcontractors to
APPENDIX F — Request for comply, with all applicable requirements of the
Qualifications (RFQ) and prequalified American with Disabilities Act of 1990 (ADA), 42
consultant award selection package, if U.S.C. 12101, et seq. and 49 U.S.C. 322; Section
applicable 504 of the Rehabilitation Act of 1973, as amended,
29 U.S.C. 791; and regulations and amendments
9. COMPLIANCE WITH thereto.
APPLICABLE LAWS
f. Pursuant to O.C.G.A. § 13-
a. The undersigned, 10-91, the LOCAL GOVERNMENT and all
on behalf of the LOCAL contractors and subcontractors performing work
GOVERNMENT, certifies that the under this Agreement are, and shall be at all times,
provisions of Section 45-10-20 through in compliance with the Federal Work
45-10-28 of the Official Code of Georgia Authorization Program. Prime contractors and
Annotated relating to Conflict of Interest subcontractors may participate in any of the
and State employees and officials trading electronic verification work authorization programs
with the State have been complied with operated by the United States Department of
in full. Homeland Security or any equivalent federal work
authorization program operated by the United State
b. The provisions of Homeland Security to verify information of newly
Section 50-24-1 through 50-24-6 of the hired employees, pursuant to the Immigration
Official Code of Georgia Annotated Reform and Control Act of 1986 ("IRCA"),
relating to the "Drug-Free Workplace Appendix A.
Act" have been complied with in full, as
stated in Appendix A of this Agreement. g. The LOCAL
GOVERNMENT hereby agrees that neither it nor
, R '
P14.(001374 a OW°nd Gowrty
its subcontractors shall discriminate on
the basis of age, race, color, sex, national 13. Nothing contained herein shall be
origin, religion or disability and that it construed as conferring upon or giving to any
and its subcontractors shall comply, at a person, other than the parties hereto, any rights or
minimum, with the following Georgia benefits under or by reason of this Agreement.
laws: the Georgia Age Discrimination
Act (O.C.G.A. § 34-1-2 et seq.); the 14. This Agreement supersedes all prior
Georgia Equal Employment for Persons negotiations, discussion, statements and
with Disabilities Code (O.C.G.A. 34-6A- agreements between the parties and constitutes the
1 et seq.); and the Sex Discrimination in full, complete and entire agreement between the
Employment (O.C.G.A. 34-5-1 et seq.). Parties with respect hereto; no member, officer,
The LOCAL GOVERNMENT further employee or agent of either party has authority to
agrees that it and its subcontractors will make, or has made, any statement, agreement,
comply with any and all state and federal representation or contemporaneous agreement, oral
laws not specifically stated herein or written, in connection herewith, amending,
addressing discrimination to the extent supplementing, modifying, adding to, deleting
that such is applicable. from, or changing the terms and conditions of this
Agreement. No modification of or amendment to
h. LOCAL this Agreement will be binding on either Party
GOVERNMENT acknowledges and hereto unless such modification or amendment will
agrees that failure to complete be properly authorized, in writing, properly signed
appropriate certifications or the by both Parties and incorporated in and by
submission of a false certification shall reference made a part hereof.
result in the termination of this
Agreement.
10. This Agreement is made {SIGNATURES ON NEXT PAGE}
and entered into in FULTON COUNTY,
GEORGIA, and shall be governed and
construed under the laws of the State of
Georgia.
11. 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.
12. If any provision of this
amendment is determined to be invalid
or unenforceable, the remaining
provisions shall remain in force and
unaffected to the fullest extent permitted
by law and regulation.
M. .
r
PI 44,00137031ROInorickCounty
IN WITNESS WHEREOF, the
DEPARTMENT and the LOCAL
GOVERNMENT have caused these BY:
presents to be executed under seal byName
their duly authorized representatives. P Title
lc�iy-��1
GEORGIA 61154'
DEPARTMENT OF Signed, sealed and delivered thistday of
TRANSPORTATION Nay b , 2011, in the
presence of:
BY: 9-' 4/1141714
Commissioner ,,
ATTEST:
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Treasu er - , V)a,cy, /)98k2t6.4;
Witness
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EXHIBIT B
Local Let Approval Form(LEAF)
Office of Program Control
P.I.It:0013703 Date:
Project Description: County: Richmond
CR 1515/Willis Foreman RD from SR 4/US 1 to SR 121/US
25 District: 2
Request Prepared by: Bruce Anderson Jr. Requestor Office: Program Delivery
Local Government:Augusta-Richmond County
Is the Local Government LAP Certified?Yes
Reason the Local Government desires a Local Letting:(Describe the factors that make a Local Letting desirable by the
Locals and/or GDOT. Explain why a Local Letting is an efficient use of resources.)
Change Justification(as submitted by Local Government),including Risk Assessment(Experience with Local Lettings
and Federal Requirements),Benefits,Implementation Requirements(Materials Testing resources to be used;
Construction Inspection resources),Contracting ability:(PM should coordinate with District Construction.)
Attachments:Preconstruction Status Report,Project Financial Report, Detailed Cost Estimate,Map, Other supporting
documentation to include letters from Project Sponsor,Future LG projects in the Program.
9
Local Letting Form Approval:
Local Government Date
Project Manager/District Preconstruction Engineer Date
Office Head (for Office of Program Delivery Projects) Date
District Engineer (for all projects) Date
Approved:
Director of Construction Date
- Upon approval or rejection send the original to the Project Manager(Program Delivery
or District Preconstruction Engineer)
--> PM should send Executed Copies to:
o Office of Planning
o Office of Program Control
o Office of Financial Management (to change the TPROdesignation)
NOTES:
-* The Local Letting designation cannot be changed after PFPR to a Local Let unless
approved by the Chief Engineer.
10
APPENDIX A
*.
Georgia Department of Transportation
GEORGIA SECURITY AND IMMIGRATION COMPIIANCE ACT AFFIDAVIT
Conran?*Naar AUGUSTA-RICHMOND COUNTY CONSOLIDATED GOVT
SalicindiasiXemeract No/CARL PI#0013703,Willis Foreman Road Improvements Project(Deans Bridge
or Project Deecsisa: Road to Peach Orchard Road
CON/RAC?ORAFTIDAVIT
By ens affidavit, the undersigned coalman mien its cake with O.C.GA 6 13-1041, cath*
afgtmativdy that the individuak why or cooporadan which is engaged b the physical peheainot of services en Imhoff of the
Georgia Department et 1 poet ioe his agitated with.is authotizod se use and uses the tiedaut we aathadatian propane
commonly known as E Verify. at nay subsume eaplacement Amon.in accote with the applicable pawn= and
deadlines established in O.0 OA 413-10-91_
the unlatsipoul c aamr wilt coon=to ma the Maud wads a nbodurtion wpm datouithow the
contact ponied mod the undenigsed contractor wI l contract for the physical pet—..w'of services in satisfaction of such
contact oily with subcrovactors who present an affidavits,the cootactar with the mon waked by 0.0OA.03-10-
91(4 Ccemacror hereby attests thin its basal wadi nthoriestion user ideutilication vosahar and dace of
authatintion ars as mom
46923 07/09/2007
Federal Wwkin thochatisn tlsrrldanifi am Naa+ber Date ofAuthochatioa
(ETVfE-verityConawayIdetalica lin
AUGUSTA/RICHMOND COUNTY CONSOLIDATED GOVT
Naeoe.f Comas
I theft declare oda pro akyaf penury diet the
fon amp is true and carred
tM Hardie Davis, Jr. Mayor
Painted Naaeae(of Authorized Mao at Apo*of Caanactar) me(ofAs>taotfod Olken or Awn of Coanatsoa
10 OtficerorAf DateSl#ed
SUBSCRIBED AND SWORE BEFORE ME ON THIS THE
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ater
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Notaryv., :hL 1 "t i� I' .R
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My Coaoissien Expires: z ,fig %
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*Commission Expires May 25,2019 P/rt ,...aYry , At'
VA/II/61 0 CCP
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11
APPENDIX B
Federal Award Identification Worksheet
Subrecipient's name(must match registered name in
DUNS) Augusta-Richmond County
Subrecipient's DUNS number(see § 200.32 Data
Universal Numbering System(DUNS)) 07-3438418
Federal Award Identification Number(FAIN) 1300137032230
Federal award date(see § 200.39 Federal Award Date 9/6/17
Amount of Federal Funds Obligated by this action $1,200,000.00
Total Amount of Federal Funds Obligated to the $1,200,000.00
subreceipient
Total Amount of the Federal Award Refer to Attachment A above
Federal award project description, as required to be Scope of work in contract document; refer
responsive to the Federal Funding Accountability and to page 1
Transparency Act(FFATA)
Name of Federal awarding agency, pass-through entity, and FHWA, GDOT, Bruce Anderson Jr.
contact information for awarding official
CFDA Number and Name(the pass-through entity must Refer to page 1 of contract document
identify the dollar amount made available under each Federal
award and the CFDA number at time of disbursement)
Identification of whether award is R&D No
Indirect cost rate for the Federal award(including if the de N/A
minimis rate is charged per§ 200.414 Indirect(F&A)costs)
This project must comply with all aspects of 2 CFR Part 200.
12
APPENDIX C
CERTIFICATION OF LOCAL GOVERNMENT
DRUG-FREE WORKPLACE
authorized representative of A4,-7•...", `�/ whose
I hereby certify that I am a principal and duly p
address is j 3f -f 4p/t J7, f wi7C,2 do and it is also certified that:
1. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to
the "Drug-Free Workplace Act" have been complied with in full; and
2. A drug-free workplace will be provided for the LOCAL GOVERNMENT'S employees during the
performance of the contract; and
3. Each subcontractor hired by the LOCAL GOVERNMENT shall be required to ensure that the
subcontractor's employees are provided a drug-free workplace. The LOCAL GOVERNMENT shall
secure from that subcontractor the following written certification: "As part of the subcontracting
agreement with
certifies to the LOCAL GOVERNMENT 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.
J ,l-21//i
�c Signature
to (t1
13
APPENDIX D
CERTIFICATION OF COMPLIANCES
I hereby certify that I am a principal and duly authorized representative of'449 whose address is
173l Far CJ>f L. and it is also certified that:
I. PROCUREMENT REQUIREMENTS
The below listed provisions of State Procurement requirements shall be complied with throughout the contract
period:
(a) Provisions of Chapters 2 and Chapters 4 of the Title 32 of the Official Code of Georgia Annotated.
Specifically as to the County the provisions of O.C.G.A. § 32-4-40 et seq. and as to the Municipality the
provisions of O.C.G.A. § 32-4-92 et seq.
II. STATE AUDIT REQUIREMENT
The provisions of Section 36-81-7 of the Official Code of Georgia Annotated, relating to the "Requirement of
Audits" shall be complied with throughout the contract period in full, including but not limited to the following
provisions:
(a) Each unit of local government having a population in excess of 1,500 persons or expenditures of
$300,000.00 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
$300,000.00 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 generally accepted government
auditing standards.
III.SERVICE DELIVERY STRATEGY REQUIREMENT
The provisions of Section 36-70-20 et seq. of the Official Code of Georgia, relating to the "Coordinated And
Comprehensive Planning And Service Delivery By Coun • Municipalities", as amended, have been
complied with throughout the contract period.
Date Signature
Signature
14
APPENDIX E
TITLE VI INTRODUCTION
As a sub-recipient of federal funds from Georgia Department of Transportation, all municipalities are required to
comply with Title VI of the Civil Rights Act of 1964 which provides that:
"No person in the United States shall on the grounds of race, color, or national origin, be excluded from
participation in, or be denied the benefits of, or be subjected To discrimination under any program or activity
receiving federal assistance under This title or carried out under this title."
Additionally, the Civil Rights Restoration Act of 1987, expanded the definition of the terms "programs and
activities" to include all programs or activities of federal recipients, subrecipients, and contractors, whether or not
such programs and activities are federally assisted.
The provisions of Title VI apply to all contractors, subcontractors, consultants and suppliers. And is a condition
for receiving federal funds. All sub recipients must sign Title VI assurances that they will not discriminate as
stated in Title VI of the Civil Rights Act of 1964.
In the event that the sub recipient distributes federal aid funds to second tier entity, the subrecipient shall include
Title VI language in all written documents and will monitor for compliance. If, these assurances are not signed,
the City or County government may be subjected to the loss of federal assistance.
All sub recipients that receive federal assistance must also include Federal Highways Administrations 1273 in their
contracts. The FHWA 1273 sets out guidance for ensuring non discrimination and encouraging minority
participation and outreach.
Enclosed you will find Title VI acknowledgment form and the Title VI assurances. The Title VI acknowledgment
form and Title VI assurances must be signed by your local government official if it has not been signed.
15
TITLE VI ACKNOWLEDGEMENT FORM
The AA.P.. /h -'6/ r^ ,net assures that no person shall on the grounds or
race, color, national origin or sex as provided by Title VI of the Civil Rights Act of 1964, and the Civil
Rights Restoration Act of 1987 be excluded from participation in, be denied the benefits of, or
otherwise e subjected to discrimination under any City or County sponsored program or activity.
The Atf iiJ-7 4,, 4(1-4 DE' assures that every effort will be made to ensure
non discrimination in all of its programs or activities, whether those programs are federally funded or
not.
Assurance of compliance therefore falls under the proper authority of the City Council or the County
Board of Commissioners. The Title VI Coordinator or Liaison is authorized to ensure compliance
with provisions of this policy and with the Law, including the requirements of 23 Code of Federal
Regulations(CFR)200 and 49 CFR 21.
i/.i1✓ if!.,2 .0/1'47j�2 �iWilli i f /01/14
Official Name and Title Date
Citations:
Title VI of the Civil Rights Act of 1964; 42 USC 2000d to 2000d-4;42 USC 4601to 4655;23 USC
109(h); 23 USC 324;DOT Order 1050.2; EO 12250; EO 12898; 28CFR 50.3
Other Nondiscrimination Authorities Expanded the range and scope of Title VI coverage and
applicability
The 1970 Uniform Act(42 USC 4601)
Section 504 of the 1973 Rehabilitation Act(29 USC 790)
The 1973 Federal-aid Highway Act(23 USC 324)
The 1975 Age Discrimination Act(42 USC 6101)
Implementing Regulations(49 CFR 21&23 CFR 200)
Executive Order 12898 on Environmental Justice (EJ)
Executive Order 13166 on Limited English Proficiency(LEP)
16
•
NOTICE TO SPONSOR
COMPLIANCE WITH'1'1'1'LE VI OF THE CIVIL RIGHTS ACT OF 1964
During the performance of this contract,the SPONSOR,for itself, its assignees,and successors in interest
(hereinafter referred to as the"SPONSOR"),agree as follows:
1. Compliance with Regulations
The SPONSOR shall comply with the Regulations relative to nondiscrimination in federally-assisted
programs of the Department of Transportation (hereinafter referred to as DOT), Title 49, Code of Federal
Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the
Regulations),which are herein incorporated by reference and made a part of this contract.
2. Nondiscrimination
The SPONSOR, with regard to the work performed by it during the contract, shall not discriminate on the
grounds of race, color, sex, or national origin in tile selection and retention of subcontractors, including
procurement of materials and leases of equipment. The SPONSOR shall not participate either directly or
indirectly in discrimination prohibited by Section 21.5 of the Regulations, including employment practices
when the contract covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Subcontracts,Including Procurement of Materials and Equipment
In all solicitations either by competitive bidding or negotiations made by the SPONSOR for work to be
performed under a subcontract, including procurement of materials or leases of equipment, each
potential subcontractor or supplier shall be notified by the SPONSOR of the SPONSOR's obligations under
this contract and the Regulations relative to nondiscrimination on the ground of race,color, sex, or national
origin.
4. Information and Reports
The SPONSOR shall provide all information and reports required by the Regulations or directives issued
pursuant thereto,and shall permit access to its books,records,accounts,other sources of information and its
facilities as may be determined by the State Department of Transportation or the Federal Highway
Administration to be pertinent to ascertain compliance with such Regulations,orders,and instructions.
Where any information required of a sponsor is in the exclusive possession of another who fails or refuses to
furnish this information,the Sponsor shall so certify to the State Department of Transportation,or the
Federal Highway Administration as appropriate,and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Noncompliance
In the event of the SPONSOR's noncompliance with the nondiscrimination provisions of this contract,
the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate,including,but not limited to:
a. Withholding of payments to the SPONSOR under the contract until the SPONSOR complies;
and/or b. Cancellation,termination,or suspension of the contact,in whole or in part.
6. Incorporation of Provisions
The SPONSOR shall include the provisions of paragraphs (I) through (6) in every subcontract,
including procurement of materials and leases of equipment, unless exempt by the Regulations, or
directives issued pursuant thereto.
17
The SPONSOR shall take such action with respect to any subcontractor or procurement as the State
Department of Transportation or the Federal Highway Administration may direct as a means of enforcing
such provisions including sanctions for noncompliance: Provided, however, that in the event a Sponsor
becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such
direction, the Sponsor may request the State to enter into such litigation to protect the interests of the
state and, in addition, the Sponsor may request the United States to enter into such litigation to protect the
interests of the United States.
18
APPENDIX F
Request for Qualifications (RFQ) &
Prequalified Consultant Award Selection Package(if applicable)
19
•
Local Let Approval Form(LLAF)
Office of Program Control
P.I.#:0013703 Date:10/11/17
Project Description: County:Richmond
CR 3515/Willis Foreman RD from SR 4/US 1 to SR 121/US
25 District:2
Request Prepared by:Bruce Anderson Jr. Requestor Office:Program Delivery
Local Government:Augusta-Richmond County
Is the Local Government LAP Certified?Yes
Relrson the Local Government r[esires a Local Letting:(Describe the factors that make a Local Letting desirable by the
Locals and/or GDOT.Explain why a Local Letting is an efficient use of resources.)
The Augusta Engineering Department(AED)has resources necessary to deliver a successful roadway improvements
project at local level.Available resources include Project Manager,Project Engineer,Construction Manager,
Construction Engineer,Engineering Inspector,Admin support,Design Consultant support,and on-call CEL support.Given
availability of resources necessary at local level make local letting an efficient and cost effective alternate.Augusta,GA
follows federal process for contract award and payments that will reduce burden on GDOT resources.In addition,
project PE is locally managed,therefore,local letting Is the desirable option for utilization of these funds.
Change Justification cation(as submitted by Local Government),includina Risk Assessment(Experience with Local Lettlnas
and Federal Requirements).Benefits.implementation Requirements(Materials Testing resources to be used;
Construction inspection resources),Contrac;lpir ability:(PM should coordinate with District Construction.)
The AED has established record of successfully delivering state funded and TIA funded similar projects at the
local level. Recent projects include Windsor Spring Road Improvements(Peach Orchard to Old Louisville Rd),Morgan
Road Improvements(Deans Bridge Road to Tobacco Road),Berckmans Road Realignment and Widening(Washington
Road to Rae's Creek Bridge approach),John C.Calhoun Expressway Repair and Restoration,etc.Other recent projects
that AED collaborated with GDOT include St.Sebastian Way Improvements,Alexander Drive Improvements,
Wrightsboro Road Improvements,Windsor Spring Road Phases IV&V.
Attachments:Pre onstruct9ri Status Report,Prosect Finoncial Report;_petalled Cost Estimate,Map,Other supporting
documentation to include letters from Project Sponsor.Fyture LG projects In the Program.
Local Letting Form Approval:
ft./11 i'Lyfr/
Local Government Date
a G y- G•�.L •f�' ` 10/11/17
Project Manager/District Preconstruction Engineer Date
10/19/17
Offi d (for Office of •: • 7 I • Projects) Date
•
District Engineer(for all p • sects) Date
Approved: 4,:, ,.--- .41 O 2 /
Director of Construction Date
-- Upon approval or rejection send the original to the Project Manager(Program Delivery
or District Preconstruction Engineer)
-3 PM should send Executed Copies to:
o Office of Planning
o Office of Program Control
o Office of Financial Management (to change the TPROdesignation)
NOTES:
-4 The Local Letting designation cannot be changed after PFPR to a Local Let unless
approved by the Chief Engineer.