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HomeMy WebLinkAboutPL AUGUSTA CONGESTION MANAGEMENT PROCESS UPDATE FY 2018 AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT FHWA METROPOLITAN PLANNING PROGRAM BETWEEN AUGUSTA, GA AND THE GEORGIA DEPARTMENT OF TRANSPORTATION PL AUGUSTA CONGESTION MANAGEMENT PROCESS UPDATE FY 2018 Augusta Planning and Development Department FHWA METROPOLITAN PLANNING PROGRAM PLANNING (PL) FUNDS CATALOG OF FEDERAL DOMESTIC ASSISTANCE NUMBER 20.205 FEDERAL-AID PARTICIPATING PROJECT PI Number 0015914 Federal Share 80% $140,000.00 Local Match Share 20% $35,000.00 Total Contract Cost $175,000.00 CONTRACT Between the GEORGIA DEPARTMENT OF TRANSPORTATION ONE GEORGIA CENTER, 600 WEST PEACHTREE STREET NW ATLANTA, GEORGIA 30308 and the Augusta Planning and Development Department THIS AGREEMENT is made and entered into this 12,x' day of,j4,‘&84 2018, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of Georgia, hereinafter called the "DEPARTMENT", and the Augusta Planning and Development Department, organized and existing under the laws of the State of Georgia, hereinafter called the "DESIGNATED AGENCY". WHEREAS, the DEPARTMENT is recognized by the United States Department of Transportation as the agency responsible for cooperative, comprehensive, continuing transportation planning pursuant to the provisions of Fixing America's Surface Transportation Act (FAST Act) of 2015, 23 U. S. C. Section 134, the Federal Transit Act, 49 U.S.C. Section 5303; and relevant amendments and subsequent legislation pertaining thereto; and WHEREAS, the DEPARTMENT is responsible for developing a workable fottnula for distributing the apportionment of planning funds pursuant to the provisions of 23 U.S.C. 104 (f) (4); and WHEREAS, the DEPARTMENT desires to participate jointly with the DESIGNATED AGENCY to perforin certain services which will consist of providing the local infointation for the continuing transportation planning process as stated in the FY 18 Unified Planning Work Program, Section 4.5 Special Transportation Studies - Congestion Management Process Update which is affixed to this Agreement under the label of Exhibit A, entitled "FY 18 Work Program Section 4.5 —Congestion Management Process Update" hereinafter called the "PROJECT". NOW THEREFORE, it is agreed by and between the DEPARTMENT and the DESIGNATED AGENCY that: ARTICLE I SCOPE AND PROCEDURES The scope and procedure of the PROJECT shall be that stated in Section 4.5, which is affixed to this Agreement under the label of Exhibit A, entitled " FY 18 Work Program Section 4.5 — Congestion Management Process Update",the same as if fully set forth herein. The DESIGNATED AGENCY shall perform the services to accomplish the work as stated in the aforementioned Work Scope and shall do so under such control and supervision by the DEPARTMENT as the DEPARTMENT may deem appropriate. The DEPARTMENT shall perform the services incumbent upon it as stated in the aforementioned Work Scope. ARTICLE II EMPLOYMENT OF DEPARTMENT'S PERSONNEL The DESIGNATED AGENCY shall not employ any person or persons in the employ of the DEPARTMENT for any work required by the terms of this Agreement, without the written permission of the DEPARTMENT except as may otherwise be provided for herein. ARTICLE III REVIEW OF WORK Authorized representatives of the DEPARTMENT and Federal Government may at all reasonable times review and inspect the PROJECT activities and data collected under this Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps, and computations, prepared by or for the DESIGNATED AGENCY, shall be made available to authorized representatives of the DEPARTMENT and representatives of the Federal Government for inspection and review at all reasonable times. Acceptance shall not relieve the DESIGNATED AGENCY of its professional obligation to correct, at its own expense, any of its errors in the work. • ARTICLE IV AUTHORIZATION AND APPROVAL TIME IS OF THE ESSENCE TO THIS AGREEMENT. Thew work k outlined therein shall be completed no later than March 29, 2019. The work shall be carried on expeditiously and begin e Y g within six months of receiving funding approval from the PL Fund Review Committee. The DESIGNATED AGENCY shall provide a written status update of the PROJECT every six months. Per the Revised Metro Planning (PL) Funding Process, the written update must be provided via e-mail to Henry Green in the DEPARTMENT's Office of Planning. ARTICLE V RESPONSIBILITY FOR CLAIMS AND LIABILITY The DESIGNATED AGENCY shall be responsible for any and all damages to property or persons and shall save harmless the DEPARTMENT, its officers, agents and employees from all suits, claims, actions, or damages of any nature whatsoever resulting from the negligence of the DESIGNATED AGENCY in the performance of work under this Agreement. ARTICLE VI COMPENSATION A. Total Cost The total estimated allowable cost, as shown in Exhibit B, attached hereto and incorporated herein by reference, for the completion of the PROJECT is One Hundred and Seventy-five Thousand Dollars ($175,000.00). It is agreed that the amount which the DEPARTMENT shall be obligated to pay is Eighty percent (80%) of total cost which represents the Federal Share of the cost of the PROJECT up to One Hundred and Forty Thousand Dollars ($140,000.00). However, if the sum total of the allowable cost for the PROJECT should be less than the total estimated allowable cost, then it is further agreed that the DEPARTMENT shall be obligated to pay only the 80%Federal Share of the allowable cost incurred. In no event shall the DEPARTMENT be obligated to pay more than $140,000.00 Federal Share. In no event shall the DEPARTMENT be required to pay the Federal Share, if the Federal Share is not provided to the DEPARTMENT by the Federal Highway Administration. Also, it is agreed that the amount which the DESIGNATED AGENCY shall be obligated to pay is 20% which represents the Local Match rate of the cost of the PROJECT up to Thirty-Five Thousand Dollars ($35,000.00). However, if the sum total of the allowable cost should be less than the total estimated allowable cost it is agreed that the DESIGNATED AGENCY shall pay a 20% match rate. of the allowable cost incurred. In no event shall the DESIGNATED AGENCY'S Local Match of the Federal Share exceed $35,000.00. Any portion of the Local Match may consist of "soft" match and or "in-kind" services as referenced in the Code of Federal Regulations 23 CFR §420, "Planning and Research Program Administration", 49 CFR Part 18, "Contracts with State, Local, and Federally Recognized Indian Tribal Governments", and all other relevant sections of Federal law, Federal regulations and Federal guidance applicable to the subject, as appropriate, in lieu of a traditional cash match. The Local Match sum total of any traditional cash match and any "soft" match and or "in-kind" services must constitute 20% of the cost of the PROJECT up to $35,000.00 or a 20%match rate of the allowable cost incurred. B. Allowable Costs Allowable costs shall include both direct and indirect costs incurred by the DESIGNATED AGENCY which is provided for in Exhibit B THE BUDGET _ESTIMATE and subject to the maximum limitation prescribed in Article VI and the limitations outlined below: 1. Direct Cost The DEPARTMENT shall pay to the DESIGNATED AGENCY for the performance of this Agreement an amount equal to such direct costs as are incurred by the DESIGNATED AGENCY and are chargeable to the PROJECT under generally accepted accounting principles and as allowed in the Federal Acquisition Regulations, 49 CFR, Part 18, "Contracts with State, Local, and Federally Recognized Indian Tribal Governments", and not prohibited by the laws of the State of Georgia, including salaries and wages, and the cost of travel, and other miscellaneous direct costs incurred by the DESIGNATED AGENCY. The validity of the direct costs may be verified from the cost records of the DESIGNATED AGENCY by authorized representatives of the DEPARTMENT and Federal Government as the work progresses, and in any event, before final settlement of the DESIGNATED AGENCY'S costs under this Agreement or amendments hereto. The cost of any nonexpendable tools, instruments, or equipment used in the execution and performance of the PROJECT shall not be an allowable direct cost when such items are of the nature and kind of tools, instruments or equipment normally and generally used in an office or laboratory, provided however that the cost of data processing equipment shall be an allowable expense when such expenditure complies with the provisions of 2 CFR 200 (Uniform Grant Guidance) and is specifically detailed in Exhibit A and Exhibit B of this Agreement. If at anytime during the duration of the PROJECT data processing equipment's useful life the DESIGNATED AGENCY fails to utilize such equipment for the purpose of accomplishing the PROJECT the DEPARTMENT at its discretion may require the DESIGNATED AGENCY to remit to the DEPARTMENT 100% of the DEPARTMENT'S Federal and State Share of the fair market value, if any, of such equipment. For the purpose of this Article, the fair market value shall be deemed to be the value of the equipment as determined by an appraisal conducted as soon as feasible after such withdrawal or misuse occurs or the actual proceeds from the public sale of such equipment, whichever is approved by the DEPARTMENT. The rate of compensation for work performed on the PROJECT by a professional staff member or employee of the DESIGNATED AGENCY shall not exceed the salary rate that is applicable to said person's other activities for the DESIGNATED AGENCY. Charges for salaries and wages of the individuals will be supported by time and attendance and payroll distribution records. Premiums pay for overtime, extra-pay shifts, and multi-shift work are not reimbursable under this Agreement unless such costs are included Exhibit B THE BUDGET ESTIMATE or unless such costs have been given prior written approval by the DEPARTMENT. No expense for travel outside the State of Georgia shall be an allowable direct cost under this Agreement unless such travel is listed in Exhibit B THE BUDGET ESTIMATE, or approved in advance by the DEPARTMENT. Staff from the DESIGNATED AGENCY seeking travel approval should submit the details for the requested travel expenses to the DEPARTMENT in advance and must include information on how the travel request will benefit the transportation planning process of the DESIGNATED AGENCY. In addition, all expenses for food, fuel, mileage, and lodging accommodations incurred from travel within or outside of the State of Georgia shall be limited to the currently approved amounts posted on the United States General Services Administration (GSA) website for the corresponding geographic location. 2. Indirect Costs The DEPARTMENT shall reimburse the DESIGNATED AGENCY for such indirect costs as are properly chargeable to the PROJECT under generally accepted accounting principles and as allowed in the Federal Acquisition Regulations, 49 CFR, Part 18, "Contracts with State, Local, and Federally Recognized Indian Tribal Governments", and not prohibited by the laws of the State of Georgia. Fringe Benefits shall be reimbursed at a provisional rate of 53.25% of the amount paid as direct salaries and wages to persons employed by the DESIGNATED AGENCY on the PROJECT. Indirect Personnel cost shall be reimbursed at a provisional rate of 55.36% of the amount paid as direct salaries and wages and fringe benefits chargeable on the PROJECT. Upon completion of the PROJECT, final payment for indirect costs shall be determined by the DEPARTMENT'S audit of the DESIGNATED AGENCY'S accounts to establish the actual allowable overhead rate experienced during the period of the Agreement. It is understood; however, that the DEPARTMENT may accept a federal audit in lieu of its own audit or at the DEPARTMENT'S option, the DEPARTMENT may accept an audit by an independent accountant or accounting firm. The audit of an independent accountant or accounting firm shall be made and reported in accordance with audit requirements, 49 CFR Part 18.26, Part 18.36, and 23 CFR 12. The DESIGNATED AGENCY shall insure that the independent accountant or accounting firm shall make available upon request to authorized representatives of the DEPARTMENT all audit work papers pertaining to this AGREEMENT to determine said final payment for indirect costs. In the event that the DESIGNATED AGENCY'S actual allowable overhead rate during the period of this Agreement is less than the provisional overhead rate established herein, the DESIGNATED AGENCY shall reimburse the DEPARTMENT the difference between the indirect cost actually paid and the actual allowable indirect cost as determined by the final audit in accordance with the provisions of this Article. The DESIGNATED AGENCY further agrees that the decision of the DEPARTMENT in the establishment of the actual allowable overhead rate for final payment of indirect costs shall be final. The validity of these indirect cost payments may be verified from the indirect cost records of the DESIGNATED AGENCY by authorized representatives of the DEPARTMENT and Federal Government as the work progresses and in any event before final settlement of the DESIGNATED AGENCY'S costs under this Agreement, or amendments hereto. ARTICLE VII SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the services, under this Agreement, the DEPARTMENT materially changes the scope, character, complexity, or duration of the services from those required under the basic Agreement, a supplemental agreement may be executed between the parties. Minor changes which do not involve compensation in the Scope and Procedure, extension of the term, or the goals and objectives of the PROJECT may be made by written notification of such change by either party with written approval of the other party. ARTICLE VIII PARTIAL PAYMENT The DESIGNATED AGENCY shall submit to the DEPARTMENT itemized vouchers showing, in reasonable detail, the actual allowable costs per work element, incurred by the DESIGNATED AGENCY on the PROJECT for the voucher period. A summary of the cost breakdown and work progress for each work element shall accompany each voucher. Upon the basis of its review of such vouchers, the DEPARTMENT may, at the request of the DESIGNATED AGENCY, make payment to the DESIGNATED AGENCY as the work progresses but not more often than four times during the fiscal year. The vouchers shall be numbered consecutively and subsequent vouchers shall be submitted every three months until the PROJECT is completed. Payment shall be made in the amount of sums earned less previous partial payments. ARTICLE IX FINAL PAYMENT IT IS FURTHER AGREED that upon completion by the DESIGNATED AGENCY and acceptance by the DEPARTMENT of the work, that the DESIGNATED AGENCY shall submit to the DEPARTMENT a written submission for final payment not more than ninety (90) days after the completion date of the project. Upon receipt of any final written submission by the DESIGNATED AGENCY, the DEPARTMENT shall pay the DESIGNATED AGENCY a sum equal to one hundred (100)percent of the allowable cost set forth herein less the total of all previous partial payments,paid or in the process of payment. The DESIGNATED AGENCY agrees that acceptance of this final payment shall be in full and final settlement of all claims arising against the DEPARTMENT for work done, materials furnished, costs incurred, or otherwise arising out of the Agreement and shall release the DEPARTMENT from any and all further claims of whatever nature, whether known or unknown for and on account of said Agreement, and for any and all work done, and labor and materials furnished, in connection with same. ARTICLE X MAINTENANCE OF CONTRACT COST RECORDS The DESIGNATED AGENCY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred on the PROJECT and shall make material available at all reasonable times during this period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the DEPARTMENT, and the Federal Highway Administration and any reviewing agencies, and copies thereof shall be furnished upon request. The DESIGNATED AGENCY shall certify that items of equipment included in direct costs have been excluded from the indirect costs. The DESIGNATED AGENCY agrees that the provisions of this Article shall be included in any contracts it may make with any subcontractor, assignee, or transferee. ARTICLE XI'. SUBCONTRACTS,ASSIGNMENT, OR TRANSFER It is understood by the parties to this Agreement that the work of the DESIGNATED AGENCY is considered personal by the DEPARTMENT. The DESIGNATED AGENCY agrees not to assign, sublet, or transfer any or all of its interest in the Agreement without prior written approval of the DEPARTMENT and the Federal Highway Administration. The DESIGNATED AGENCY also agrees that all subcontracts shall be subject to the provisions contained in the Agreement and also agrees that any subcontracts exceeding $10,000 in cost shall contain all the required provisions of this Agreement. All consultants hired by the DESIGNATED AGENCY shall be on the DEPARTMENT'S pre-qualified consultants list. ARTICLE XII. USE OF DOCUMENTS The DESIGNATED AGENCY agrees that all reports, drawings, studies, specifications, estimates, maps, computations, and other data, prepared by or for it under the terms of this Agreement shall be made available to the DEPARTMENT and the Federal Highway Administration at all reasonable times during the period of the Agreement and upon termination or completion of the work. The DEPARTMENT shall have the right to use same without restriction or limitation and without compensation to the DESIGNATED AGENCY other than that provided for in this Agreement. ARTICLE XIII TERMINATION The DEPARTMENT reserves the right to terminate this Agreement at any time for just cause, or for any cause, upon 30 days written notice to the DESIGNATED AGENCY, notwithstanding any just claims by the DESIGNATED AGENCY for payment of services rendered prior to the date of termination. ARTICLE XIV PUBLISHED REPORTS IT IS FURTHER AGREED that all published reports shall include a disclaimer provision on the cover or title page in the following form: "The opinions, findings, and conclusions in this publication are those of the author(s) and not necessarily those of the Department of Transportation, State of Georgia, or the Federal Highway Administration." All reports published by the DESIGNATED AGENCY shall contain a credit reference to the Federal Highway Administration such as: "Prepared in cooperation with the Department of Transportation, Federal Highway Administration." ARTICLE XV COPYRIGHTING The DESIGNATED AGENCY shall be free to copyright material developed under this Agreement with the provisions that the DEPARTMENT and the Federal Highway Administration reserve a royalty-free, non-exclusive, and irrevocable license to reproduce,publish, or otherwise use, and authorize others to use,the work for government purposes. ARTICLE XVI COVENANT AGAINST CONTINGENT FEES The DESIGNATED AGENCY shall comply with all relevant federal, state and local laws. The DESIGNATED AGENCY warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the DESIGNATED AGENCY, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the DESIGNATED AGENCY, any fee, commission, percentage, brokerage fee, gifts or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the DEPARTMENT shall have the right to annul this Agreement without liability or, at its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. ARTICLE XVII CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Fulton County, Georgia, and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. ARTICLE XVIII COMPLIANCE WITH APPLICABLE LAW A. The undersigned certify that the provisions of Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated, relative to conflict of interest, have been complied with in full, as provided for in Appendix A of this Agreement. B. It is further agreed that the DESIGNATED AGENCY shall comply with the regulations for Compliance with Title VI of the Civil Rights Act of 1964 as amended, and 23 CFR 200 as stated in Appendix B of this Agreement. C. As provided in Appendix C of this Agreement, the undersigned certifies that it is the DESIGNATED AGENCY and it is eligible to receive the Federal funding assistance provided for in this Agreement. D. As provided in Appendix D of this Agreement, the undersigned certify that the Provisions of Section 50-24-1 through 50-24-6 of the Official code of Georgia Annotated, "Drug-Free Workplace Act", have been complied with in full p p 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. ARTICLE XIX EXHIBITS AND APPENDICES This Agreement includes Exhibits and Appendices as listed below, which are hereto attached and incorporated herein by reference: EXHIBIT A: FY 18 Work Program Section 4.5 —Congestion Management Process Update EXHIBIT B: Budget Estimate APPENDIX A: Certification of Designated Agency and Department of Transportation State of Georgia APPENDIX B: Notice of Contractors Compliance with Title VI of the Civil Rights Acts of 1964 APPENDIX C: Certification for State Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions APPENDIX D—Certification of Consultant Drug-Free Workplace IN WITNESS WHEREOF, said parties have hereunto set their hands and affixed their seals the day and year above first written. DEPARTMENT OF TRANSPORTATION AUGUSTA PLANNING AND DEVELOPMENT DEPARTMENT OAlL kIA trii---)'----su Commissioner (SEAL) Hardie Davis Jr., Mayor This agreement approved by the Augusta Mayor and Policy Committee at a meeting ' held on the )5-fir" day of-Mp , 2018. I attest that the Corporate Seal attached to �4 OFT j�, this Document is in fact the seal of the i �► .,aaN•a«a 0,o+ Co or t�i o.a, rp,...:�> ��,.. ,. , ., , this J���rr "`> ' �1 Co oration executing this Document oes o S: !i?=., s 90 in ct occupy t , tp i ition indi ated ui 11"6:-'- =p andi, is duly�"ti iito"r g 1P ecute uch O% ' ee do meat `� 1'f of t ,` * r' tion. ATTEST: %s OF GE�4 Attest: /� / Ae x , E:1 s'pa') %� r Onn t:`w ,,,,7 4 �� w' l Cl %l 44 /4.,..., .." /a cuting th, ., E0K i p►.�...... �' FET 'RAL EM '"�`' IDENTIFICATION NUMBER: APP OVED AS TO LEGAL FORM: , key 164,i 3/g/4 Andrew MacKenzie, pieral Counsel, Augusta Planning and Development Department EXHIBIT A FY 18 Work Program Section 4.5 — Congestion Management Process Update ► ► 4e5 Special Transportation Studies es - Congestion Management Process ► Update Purpose: To complete a planning-level transportation study (or studies) that address some need, ► problem or issue identified through the regional transportation planning process. The study can focus on a need or issue tied to a specific location in the study area or, preferably, addresses a transportation need beneficial to the entire region. ARTS staff will solicit professional consultant(s) to update the CMP and its integration with ► performance based planning and the Long Range Transportation Plan in order to meet federal requirements related to the CMP. ARTS's staff, with assistance from consultants, will identify existing and future regional congested corridors, define CMP network, data availability, define methodology, develop multimodal performance measures, data collection, define monitoring ► process, technical analysis of congestion problems and needs, identify and evaluate strategies, implementation, annual monitoring report, and CMP Review and Update. Planning Factors: 1. Support the economic vitality of the metropolitan area, especially by enabling global competitiveness,productivity and efficiency; 2. Increase the safety of the transportation system for motorized and non-motorized users; 3. Increase the security of the transportation system for motorized and non-motorized users; 4. Increase the accessibility and mobility of people and for freight; 5. Protect and enhance the environment,promote energy conservation, improve the quality of life, and promote consistency between transportation improvements and state and local planned growth and economic development patterns; 6. Enhance the integration and connectivity of the transportation system, across and between modes, for people and freight; 7. Promote efficient system management and operation; 8. Emphasize the preservation of the existing transportation system; 9. Improving transportation system resiliency and reliability; and reducing (or mitigating) the stormwater impacts of surface transportation; and 10. Enhancing travel and tourism. Previous Work: No special studies were initiated in the ARTS for Richmond or Columbia County GA. FY2018 Work Activities and Schedule: The MPO will solicit professional consultant(s) to update the CMP and its integration with performance based planning and the Long Range Transportation Plan in order to meet federal requirements related to the CMP. The following tasks will be performed during this fiscal year. 78 a EXPECTED a ACTIVITIES COMPLETION DATE 1. Prepare Draft Request for Proposal (RFP) review by October 2017 FHWA, GDOT&SCDOT and other MPO Partners. FY 2018 2. Submit Draft Request for Proposal (RFP) for review October 2017 by FHWA, GDOT&SCDOT and other MPO Partners. FY 2018 3. Review and approve Draft Request for Proposal November 2017 41 (RFP) by the Test Network Subcommittee and FY 2018 Technical Coordinating Committee. a 4. Review and approve Draft Request for Proposal November 2017 (RFP) by the Citizens Advisory Committee (CAC). FY 2018 5. Review and approve Draft Request for Proposal December 2017 (RFP) by Policy Committee (PC). FY 2018 6. Submit request to release a solicitation to hire January 2018 1 consultant(s) for CMP Update. Assist Procurement FY 2018 Dept. with Solicitation for RFP I 7. Submit RFP Solicitation, project cost estimate, and February 2018 draft advertisement to FHWA, GDOT and SCDOT for FY 2018 a approval and revise if necessary 8. Submit request to release a solicitation to hire March 2018 consultant(s) for CMP Update FY 2018 9. Release Solicitation for RFP to Develop CMP - March—April 2018 advertise FY 2018 10. Form consultant selection committee March 2018 FY 2018 11.Review Proposals and short list consultants April 2018 FY 2018 12. Conduct RFP Presentations May 2018 —FY 2018 13.Select Consultant(s) May 2018 —FY 2018 4 14.Document evaluation and selection process; prepare June 2018 — FY 2018 1 draft contract and submit draft agreement to FHWA and GDOT 4 15. Contract approval by Augusta Richmond County June 2018 —FY 2018 I Commission I 16. Contract award and notice to proceed June 2018 —FY 2018 4 4 4 I 4 4 79 4 4 0 1 Product(s): 1. Request for Proposal (RFP) 2. Procurement solicitation 3. Consultant agreement/Executed Contract COST ESTIMATE AND PROPOSED FUNDING SOURCE: Responsible Agencies: Augusta Planning and Development Department (APDD), Aiken County Planning and Development Department,Augusta Public Transit Department, and Lower Savannah Council of Governments. RESPONSIBLE AGENCY FUNDING SOURCE APDD ACPDD TOTALS FHWA (GA PL) $140,000.00 $140,000.00 APDD (GA PL Match) $35,000.00 $35,000.00 FHWA(SC PL) $2,400.00 $ 20,000.00 $2,400.00 ACPDD (SC PL Match) $600.00 $ 5,000.00 $600.00 TOTAL $178,000.00 $25,000.00 $203,000.00 80 EXHIBIT B BUDGET ESTIMATE Congestion Management Process Update Federal Funding $140,000 Local Match $35,000 Total Funding S 175,000 APPENDIX A CERTIFICATION OF DESIGNATED AGENCY I hereby certify that I am the and duly authorized representative of the Augusta Planning and Development Department whose address is 535 Telfair Street, Augusta, GA 30901 and that neither I nor the MPO I represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above commission to solicit or secure the Agreement. (b) agreed, as an express or implied condition for obtaining this Agreement, to employ or retain the services of any firm or person in connection with carrying out the Agreement, or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above commission) any fee, contribution, donation, or consideration of any kind, or in connection with, procuring or carrying out the Agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Georgia Department of Transportation and the Federal Highway Administration, U.S. Department of Transportation, in connection with the Agreement involving participation of Federal-Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. (5\2!))\\% (Date) Alfik(Signature) 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 Planning Commission 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 film, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated. (if any): I acknowledge that this certificate is to be furnished the Federal Highway Administration, U. S. Department of Transportation, in connection with this Agreement involving participation of Federal-Aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil. ( 0 ( L /11tM (Date) Commissioner APPENDIX B NOTICE OF CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACTS OF 1964 AS AMENDED BY THE CIVIL RIGHTS RESTORATION ACT OF 1987 FOR FEDERAL-AID CONTRACTS During the performance of this Contract,the contractor, for itself,its assignees and successors in interest(hereinafter referred to as the"Contractor")agrees as follows: (1) Compliance with Regulations: The Contractor will comply with the Regulations of the U.S. Department of Transportation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The Contractor, with regard to the work performed by it after award and prior to completion of contract work, will not discriminate on the ground of race, color, national origin or sex in the selection and retention of subcontractors including procurement of materials and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program, set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in the discrimination prohibited by 23 CFR 200 (b). (3) Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiations made by the Contractor for work to be per- formed under a subcontract, including procurement of materials or equipment, each potential subcontrac- tor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color, national origin or sex. (4) Information and Reports: The Contractor will provide all information and reports required by the Regulations, to permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the DEPARTMENT, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the DEPARTMENT shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (a) withholding of payments to the Contractor under the contract until the Contractor complies, and/or (b) cancellation, termination or suspension of the contract, in whole or in part. (6) Incorporation of Provisions: The Contractor will include the provision of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the DEPARTMENT or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. APPENDIX C CERTIFICATION FOR STATE REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS The Augusta Region Transportation Study (ARTS), as an Applicant for a Federal PL Fund grant or cooperative agreement, certifies to the best of its knowledge and belief,that its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (2) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and (4) Have not within a three year period preceding this application/proposal had one or more public transactions (Federal, State or Local)terminated for cause or default. Where the State is unable to certify to any of the statements in this certification with respect to its principals, the State shall attach an explanation to this proposal. THE Augusta Region Transportation Study (ARTS), CERTIFIES OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEC. ARE APPLICABLE THERETO. Authorized Official 32.3 \c6 Mayor Date APPENDIX D CERTIFICATION OF CONSULTANT DRUG-FREE WORKPLACE I hereby certify that I am a principal and duly authorized representative of Augusta Region Transportation Study (ARTS), whose address is 535 Telfair Street, Augusta, GA 30901 and it is also certified that: (1) The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-Free Work Place Act,"have been complied with in full; and (2) A drug-free workplace will be provided for the consultant's employees during the performance of the contract; and (3) Each subcontractor, if any, hired by the DESIGNATED AGENCY shall be required to ensure that the subcontractor's employees are provided a drug-free workplace. The DESIGNATED AGENCY shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with the Augusta Region Transportation Study (ARTS), certifies that a drug free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to paragraph (7) of subsection (b) of the Official Code of Georgia Annotated Section 50-24-3," and (4) It is certified that the undersigned will not engage in unlawful manufacture, sale, distribution, dispensation,possession, or use of a controlled substance or marijuana during the performance of the contract. 3/4201 -1 -oo rtrif Date Sign.tare GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT AFFIDAVIT Contracting Entity: Address: Contract No. and Name: 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 perfounance 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. 46 I _ • E-Verify/Company Identification Number Signature of Authorized Officer or Agent (AA 154 - Date of Authorization Printed Name of Authorized Officer or Agent rtle of Authorized Officer or Agent 3101 ) Date SUBSCRIBED AND SWORN BEFORE ME ON THIS TH'E/n 01 DAYO. �'' I , 201 g I4t)Y [NOTARY SEAL] Notary 'ub c Notary Public,Columbia County,Georgia My Commission ExpireMY Commission Expire 10,2020 A