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HomeMy WebLinkAboutCONSULTANT SERVICES AGREEMENT WITH POND & COMPANY FOR STREAMBANK STABILIZATION DESIGN, PERMITTING AND CONSTRUCTION GEOR G CONSULTANT SERVICES AGREEMENT FOR STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT PROJECT NUMBER: POC:Hameed Malik,Ph.D.,PE,Director ENGINEERING DEPARTMENT ci E [) It CI I A CONSULTANT SERVICE AGREEMENT FOR STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT TABLE OF CONTENTS: REQUEST FOR PROPOSALS (RFP) AGREEMENT CONSULTANT'S PROPOSAL GENERAL CONDITIONS ADDITIONAL PROVISIONS ATTACHMENT A STANDARD SPECIFICATIONS ATTACHMENT D Request for Qualifications Request for Qualifications will be received at this office until Thursday,February 21,2019 @ 11:00 a.m.for furnishing for the Augusta,GA-Engineering Department: RFQ 19-148 Engineering Services for Drainage Study,Stormwater System Assessment and Drainage Improvements Projects RFQ 19-152 Engineering Services for Streambank Stabilization Design,Permitting and Construction RFQs will be received by:The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A.Sams,Director Augusta Procurement Department 535 Telfair Street-Room 605 Augusta,Georgia 30901 RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street— Room 605, Augusta,GA 30901. A Pre Qualifications Conference for RFQ 19-148 will be held on Tuesday, February 5, 2019 @ 10:00 a.m. in the Procurement Department,535 Telfair Street,Room 605,Augusta,GA 30901. A Pre Qualifications Conference for RFQ 19-152 will be held on Tuesday, February 5,2019 @ 11:00 a.m. in the Procurement Department,535 Telfair Street,Room 605,Augusta,GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@aueustaga.eov to the office of the Procurement Department by Wednesday, February 6,2019,@ 5:00 P.M. No RFQ will be accepted by fax,all must be received by mail or hand delivered. No RFQ may be withdrawn for a period of sixty(60)days after qualifications have been opened, pending the execution of contract with the successful vendor. Request for qualifications(RFQ)and specifications. An RFQ shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for qualification including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta,Georgia Commission. Please mark RFQ number on the outside of the envelope. Proponents are cautioned that acquisition of RFQ documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFQ documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. Correspondence must be submitted via mail,fax or email as follows: Augusta Procurement Department Attn:Geri A.Sams,Director of Procurement 535 Telfair Street,Room 605 Augusta,GA 30901 Fax: 706-821-2811 or Email:procbidandcontract@augustaga.eov GERI A.SAMS,Procurement Director Publish: Augusta Chronicle January 10, 17,24,31,2019 Metro Courier January 10,2019 cc: Jarvis Sims Deputy Administrator Hameed Malik Engineering Department Clarification One RFQ 19-148 Eng.Svcs.for Drainage Study,Stormwater System Assessment and Drainage Improvement Projects Due:Thursday,February 21,2019 @ 11:00 a.m. Page 3 of 22 Revised: 8/11/2016 Clarification One RFQ 19-148 Eng.Svcs.for Drainage Study,Stormwater System Assessment and Drainage Improvement Projects Due:Thursday,February 21,2019 @ 11:00 a.m. Page 4 of 22 Rev.6/27/2013 INSTRUCTION TO SUBMIT Augusta, GA, invites qualified firms to submit a Statement of Qualifications (SOQ) for firms to provide engineering services for drainage study, stormwater system assessment and drainage Improvement projects for selected neighborhoods and other areas of concern for Augusta Engineering Department. Your submittal should respond to,and be based on,the information included in this Request for Qualifications. Responses will be received in the office of the Director of Procurement at 535 Telfair Street, Suite 605, Augusta, GA 30901 until Thursday, February 21,2019 @ 11:00 a.m. Eastern Standard Time. The RFQ must be submitted in a sealed package and be labeled with firm's name and the name of the project - RFQ 19-148 Engineering Services for Drainage Study, Stormwater System Assessment and Drainage Improvement Projects". No RFQ will be accepted by fax, all must be received by mail or hand delivered. Vendors are required to submit one (1) marked unbound original, (7) seven copies of the RFQ. The RFQ shall be addressed and delivered accordingly to: Ms. Geri Sams, Director of Procurement Procurement Department 535 Telfair Street, Room 605 Augusta,Georgia 30901 After advertisement, the SOQs shall be opened per Procurement guidelines. The Procurement Director shall determine whether each package appears to be minimally responsive to the published RFQ requirements. The User Department, in association with Procurement, will appoint a selection committee to review all acceptable minimally responsive packages. The selection committee members shall review and score each package individually based on the evaluation criteria. Failure to provide all of the requested information may cause the submittal to be rejected as non-responsive. Any interested qualified firm and/or party is requested to make a response to accomplish the Scope of Services described herein. The response is to be signed by a duly authorized official of the firm and must be submitted in the time, manner and form prescribed. The Owner reserves the right to reject any or all submittals received as the result of this request. The Owner also maintains the right to negotiate with any firm(s), as necessary, to serve the best interests of Owner. The Owner will not be liable for any costs incurred by any firm prior to the signing of a contract. A Pre Qualifications Conference will be held on Tuesday, February 5, 2019 @ 10:00 a.m. in the Procurement Department, 535 Telfair Street,Room 605,Augusta,GA 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Wednesday, February 6, 2019 @ 5:00 P.M. An official authorized to bind the firm to the terms and provisions of the qualifications must sign the submittal. For a submittal to be considered it must remain valid for at least sixty (60) days from the time that the Owner receives it. Clarification One RFQ 19-148 Eng.Svcs.for Drainage Study,Stormwater System Assessment and Drainage Improvement Projects Due:Thursday,February 21,2019 CO 11:00 a.m. Page 13 of 22 Qualified firms interested in providing the services described herein are invited to submit a complete Statement of Qualification for consideration. The qualifications shall address the requirements listed below. Failure to provide all requested information may be sufficient cause for rejection. The firm may provide additional information to that requested, provided it is placed in a separate section at the end of the SOQ. The firm's demonstrated technical capability and other qualifications, as described herein, will also be assessed. The qualified firms will be invited to submit a proposal on an as needed basis for projects in which they are deemed qualified to participate in. Once RFQ's are received and evaluated, the Owner will then make their recommendation to the Augusta, Georgia Commission for consideration and final approval. Do Not Include A Fee Proposal. Fees will be negotiated. Firms shall not include fee or cost information when responding to this solicitation. PROJECT SCOPE & ISSUES Augusta, GA Engineering Department is currently requesting specific professional services from qualified engineering firms with experience in drainage master plans and drainage conveyance system assessment to provide comprehensive storm water drainage study including evaluation of existing drainage conditions, flood control measures, needed drainage improvements, recommended improvement engineering design and engineering probable opinion of construction cost. PROJECT OBJECTIVE: The objective of Drainage Improvement project in area experiencing localized flooding is to provide infrastructure improvements that mitigate the flooding conditions in these areas. Frequent, severe flooding creates threatening and hazardous conditions for residents of the area, impact local commercial operation and businesses. Contributing factors to the flooding conditions include undersized drainage conveyance system, limited or no roadside curbing, restricted access for system maintenance and deficient integrated storm conveyance system. Due to lack of area specific drainage information, specific improvements cannot be identified without detailed survey and engineering analysis. Therefore, we understand that this project and subsequently our scope of work,will be structured accordingly. The overall need for this project is to upgrade the infrastructure system within the designated area including roadway improvements, resurfacing,or both,adding of curbs,gutters,sidewalks,and drainage improvements. Work will be released as Task Order and completed in various phases depending on the size of the drainage area of the designated area and construction funding allocation. Augusta Engineering may select up to three qualified firms under this RFQ. PROJECT SCOPE OF SERVICES: The selected consultant may be asked to provide some or all of the following services to analyze and document existing and future flooding problems, and potential solutions to noted drainage problems within the areas defined under released Task Order. The project scope of work shall include the following: • Assessment of available relevant studies and data. • Data collection including survey, as required, to verify existing conditions and drainage conveyance system. • Detailed analysis of known and potential flooding/drainage issues. • Preparation of an overall drainage model for the selected service area. RFQ 19-148 Eng.Svcs.for Drainage Study,Stormwater System Assessment and Drainage Improvement Projects Due:Thursday,February 21,2019 @ 11:00 a.m. Page 14 of 22 • Preparation of phased drainage Improvement Construction Plan that includes budget estimates for proposed improvements. • Recommended prioritization of phased construction. Engineering Analysis: 1. Development of existing hydrologic and hydraulic models, including but not limited to: a. Rainfall—runoff; b. Overland and pipe network flow; 2. Development of future conditions hydrologic and hydraulic models,which account for: a. Future land cover; b. Future hydraulic setting; and c. Changes in rainfall patterns 3. Problem area identification. 4. Development of design criteria targets. Alternative Analysis and Findings: 1. Create an alternatives analysis for problem area remedy. 2. Create Summary Report of findings a. Summary of the existing drainage system; b. List of priority projects Assigned Team Qualifications: Required Qualifications for firms submitting proposals: 1) Assigned individual(s) to the project have a State of Georgia Engineering License. 2) Individual(s)have experience with similar projects within the State of Georgia. 3) Qualified staff to perform the test research and required engineering calculations. 4) Qualified staff to understand local conditions in Augusta,GA drainage basins and perform required hydrology and hydrologic calculations. SELECTION CRITERIA: The Selection Team will only consider those firms who are able to demonstrate the following qualification requirement(s): A. Specialized experience of firm and related experience on projects of similar scope. B. Expertise in hydrology of hydraulic studies and infrastructure management. C Past performance by the lead consulting firm, sub-consultants, and their employees on similar projects. D. Adequate staff with applicable and specialized expertise within the lead consulting firm and all sub- consultants,and current workload. E. Study approach of the project area, including design team and sub-consultants; team organization and structure; proposed schedule;and understanding of study objectives. RFO 19-148 Eng.Svcs.for Drainage Study,Stormwater System Assessment and Drainage Improvement Projects Due:Thursday,February 21,2019 11:00 a.m. Page 15 of 22 F. Recent experience with maintaining schedules and budgets on relevant projects, demonstrating expertise in cost control, quality of work, and ability to meet schedules, and record of successfully completed projects without major legal or technical problems. G. Demonstrated experience conducting public meetings. H. Other factors relevant to the Project, including previous client satisfaction level. I. Rate structure for proposed staff including all sub-consultants. J. Understanding of the area. SUBMITTAL REQUIREMENTS: Submittals of Firm information and qualifications should be no more than (15) pages in length (exclusive of cover and index sheets) and should include the following information. A. Cover Letter The cover letter may be up to two pages, and should identify the Prime Firm and all firms proposed for the team. Include a contact telephone number and email address in the event the project manager needs to share follow-up information. The letter must be signed and dated by an official authorized by the prime consultant. B. Company Qualification The section should demonstrate the firm's overall qualifications to fulfill the requirements of the scope of work along with the following: 1. Project understanding. 2. Summary of team organization. 3. Approach to Scope of Work including proposed deliverables. The approach should be responsive to the items presented in this RFQ, but can be enhanced where it can be shown that doing so benefits the project. 4. Proposed timeline and deliverables schedule, with interim dates or deliverables, demonstrating an understanding of any federal, state, and local reviews required. The timeline shall commence as shown in the Submission Schedule and Key Dates. C. Team Qualifications The Team Qualifications section should elaborate on the general information presented in the introduction to establish the credentials and experience of the prime consultant and its team to undertake this type of project. The following must be included: 1. Team Organization Chart showing all firms, contractual relationship between firms, and names of specific staff proposed for this project, including their titles. RFQ 19-148 Eng.Svcs.for Drainage Study,Stormwater System Assessment and Drainage Improvement Projects Due:Thursday,February 21,2019 @ 11:00 a.m. Page 16 of 22 2. Identify a minimum of five similar projects the firm, acting as prime contractor, has conducted which demonstrate its ability to conduct and manage the project. Examples should have been completed within the past seven years. Provide a synopsis of each project and include the name of the project, project location, client name, date completed, amount of the firm's contract,and contact person. 3. If sub-consultants are involved, provide corresponding information describing their qualifications as requested in paragraph two above. All sub-consultants shall also show a minimum of three similar projects completed in the past seven years. D. Team Experience The Team Experience section must provide the professional credentials and experience of the persons assigned to the project. Although standard resumes may be included, identity pertinent team experience to be applied to this project. Specifically, the City is interested in the experience, expertise, and total quality of the consultant's proposed team. If principals of the firm will not be actively involved in the project, do not list them. The submittal shall clearly indicate the Project Manager,and other key team members,and their qualifications. The following must be included: 1. Complete description of team organization including identification of the Project Manager, key personnel,office location,and roles and responsibilities of all sub-consultants. 2. Responsibilities to be fulfilled by each team member assigned to the Project. The description of responsibilities shall include an estimated percentage of the total project that is to be completed by each individual team member. 3. Ability of all sub-consultants to provide and maintain a local presence during the course of the Project. At a minimum,the Project Manager shall demonstrate availability for numerous coordination meetings that will take place in Augusta. 4. Current workload and firm/team capacity. E. Technical Approach The Technical Approach section must provide information on the consultant's understanding an approach to accomplishing the Project.The following must be included: 1. Project approach 2. Understanding of the area where the project is located 3. Approach to public outreach and public relations 4. Process for evaluation of alternatives, identifying permits and permit agencies, site and environmental analysis, if applicable 5. Knowledge and specific experience in drainage studies. 6. Management tools,techniques, and procedures used to maintain project schedules RFQ 19-148 Eng.Svcs.for Drainage Study,Stormwater System Assessment and Drainage Improvement Projects Due:Thursday,February 21,2019 @ 11:00 a.m. Page 17 of 22 7. Approach to project schedule. F. References The consultant must provide a minimum of three references which the City may contact regarding qualifications and past performance. All three references must be familiar with projects for which members of the submittal team have participated, including the designated Project Manager. Sub- consultants shall provide a minimum of two references. 1. Name of Organization and Contact 2. Title of Contact 3. Address(delivery and email) 4. Telephone Numbers SUBMISSION REQUIREMENTS Qualified contractors interested in providing the services described herein are invited to submit a complete SOQ for consideration. The SOQ shall address the items listed below. Failure to provide all requested information may be sufficient cause for rejection of the qualifications. 1. Vendors are required to submit one(1)marked unbound original AND(7)seven copies. Original is to be unbound. Copies may be bound per vendor discretion. 2. Do Not Include A Fee Proposal. Firms shall not include fee or cost information when responding to this solicitation. 3. Submittals of Firm information and qualifications should be no more than (15) pages in length 4. Proposals shall be evaluated and a selection made using the criteria items listed in the Criteria for Evaluation. RFQ 19-148 Eng.Svcs.for Drainage Study,Stormwater System Assessment and Drainage Improvement Projects Due:Thursday,February 21,2019© 11:00 a.m. Page 18 of 22 AUGUSTA, GA ENGINEERING DEPARTMENT AGREEMENT STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT 1L".. d10. -* - t 31ir,` t`7 !�t t, I A CONSULTANT SERVICES AGREEMENT between AUGUSTA, GA ENGINEERING DEPARTMENT and POND AND COMPANY for STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT THIS AGREEMENT is made and entered into this day of , 2019 by and between AUGUSTA, GEORGIA, hereinafter called the "CITY" and "POND AND COMPANY", a Corporation authorized to do business in Georgia, hereinafter called the "CONSULTANT." WHEREAS, the CITY desires to engage a qualified and experienced consulting firm to render: STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT WHEREAS, the CONSULTANT has represented to the CITY that it is experienced and qualified to provide the services contained herein and the CITY has relied upon such representation. NOW, THEREFORE, in consideration of the mutual promises and covenant herein contained, it is agreed by and between the CITY and the CONSULTANT that the CONSULTANT shall provide the DESIGN SERVICES of the Project. DESIGN CRITERIA DESIGN & DOCUMENT DEVELOPMENT-The following publication shall be used as the basis for the engineering design and professional services contained herein; Georgia Department of Transportation Standard Manuals and Specifications for the Construction of Road and Bridges, current editions, and supplements thereto; American Association of State Highway and Transportation Officials (AASHTO) Manuals for Arterial Streets, Rural, Urban, and Interstate Highways, Manual on Uniform Traffic Control Design (MUTCD), Augusta Development Documents, the Augusta Utilities Design Standards and Construction Specifications, State and Federal guidance documents, Industry current standards for similar services. The Consultant shall gather from the City all available data and information pertinent to the performance of the services for the Project. The City shall have the final decision as to what data and information is pertinent. The Consultant shall ensure that the data and information meet applicable standards as specified herein. The Consultant shall report in writing any discovery of errors or omissions contained in the data and information furnished by the City. The Consultant shall visit and become familiar with project area and shall become acquainted with local conditions involved in carrying out this agreement. The Consultant may request that a representative of the City be present during the site visit. The Consultant shall recommend and secure the City's written approval of, the manner of project plans and documents preparation and presentation and the methods to be used in the plans/documents preparation so that these plans/documents can be utilized as determined by the Consultant and approved by the City, in the orderly preparation of the detailed construction contract plans, specifications, and contracts. Upon receipt of the City's written approval of the manner of the project plans and documents preparation & presentation, The Consultant shall proceed with implementation of plans/documents preparation. Agreement 12 Streambank Stabilization Design,Permitting&Construction Area-Wide Watershed Management Project DELIVERABLE - The tracings, data and all other documents prepared under this agreement shall then be submitted to the AED, whose property they shall remain, without limitation as to their future use. All tracing cloth, Mylar paper, and other materials required for the preparation of the plans, supplemental specifications, special provisions and computation shall be furnished by the Consultant. The Consultant shall submit to the AED, editable electronic copy of all computer files (ACAD, Microsoft version, or other software used in creating data, data file, technical documents, etc.) depicting graphics, database, documentation, details and design for the implementation of stormwater utility, drainage improvements, and road design data, created as a result of this agreement. The Consultant shall include appropriate level schedules, documentation, and assistance to the AED to read, interpret, and effectively utilize the computer files. The Consultant may be required to provide project drawings and files at any time as requested by the AED. The drawings and files (hard or electronic) requested by the AED shall be within the Scope of Work as defined herein. Graphics files shall be provided in AutoCAD, DXF, or Intergraph (IGDS) format. If the project includes AUD work, the Consultant shall provide drawings in accordance with the utilities chapter of the AED Plan Preparation Guidelines. Agreement 13 Streambank Stabilization Design,Permitting&Construction Area-Wide Watershed Management Project AMOUNT OF AGREEMENT It is agreed that the compensation hereinafter specified to perform the required by this Agreement includes both direct and indirect costs chargeable to the project. For work to be authorized, Notice to proceed for each phase or combination of phases will be issued upon completion of a Work Authorization Form. (See attachment D) Agreement amount may vary, depending on each project's Scope of Services, availability of funds. Scope of services and associated fee will be negotiated for each task order and NTP will be issued for various phases depending on the size of drainage area of the designated area and construction funding allocation. Agreement 14 Streambank Stabilization Design,Permitting&Construction Area-Wide Watershed Management Project IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. AUGUSTA, GEORGIA COMMISSION-COUNCIL I-4' 4By: 0, /:,.SEAL.. . ..�... — ..--- ,_ Mayor Hardie Davis,Jr. . , Attars 094. 4 o v -. $ a p '7' n .s, Ci tp Secretary ;,e. 7 ,.� a s r 0 1 i ' t" .,„ 711.A) \ ._ i .... 'N. K }, ‘1/4 Witness O1 y. eSikP4 1 f POND AND COMPANY if d./4 t By: SEAL (Name& Title) ba 7 o . t), ce../Ams 14— V too?//ArsifZA-17 Attest Address: ? ParZ ,v Lane, ;4e 600 ` Pe &fs- Cksrers 07* 30012- ---- Secr- .ry 7 /tea. --- itness � t n e m e e r Ag 5 Streambank Stabilization Design,Permitting&Construction Area-Wide Watershed Management Project AUGUSTA, GA ENGINEERING DEPARTMENT CONSULTANT'S PROPOSAL & DOCUMENTS STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT X4`5 } • PON, .„ k$x , 1,4 ..-*tea ... ;,. � a Professional Qualifications for Engineering Services for Streambank Stabilization Design, Permitting, and Construction City of Augusta February 21, 2019 1 POND Table of CONTENTS 01 08 A [) r- ExpEr7rcE 6 Hin 02 10 B Con pony Oo fco1ono r ; H. L\t 05 15 C. Pond Qualifications REP T,121:4 Proposal Name PON3 621 NW Frontage Road,Suite 320 T 706.833.4671 Augusta,GA 30907 www.pondco.com February 21, 2019 Geri A. Sams, Director of Procurement Augusta Procurement Department 535 Telfair Street, Room 605 Augusta, GA 30901 RE: RFQ Number 19-152 Engineering Services for Streambank Stabilization Design, Permitting and Construction Dear Members of the Selection Committee, The Pond Stream Design, Permitting and Construction Management team is very excited to propose on this unique stream restoration and stabilization opportunity. Pond presents a team with a deep bench of scientists and engineers who are demonstrated experts in environmental permitting in Georgia, stream and wetland restoration, ecology, hydrology, and public sector project management. Pond presents a fully integrated team that includes significant expertise in stream restoration, hydrology and hydraulics, dam engineering, specialized stream construction, and environmental permitting - all key elements to the successful design and construction of stream projects. Pond recognizes that improvement of greenspace, forested lands, and water resources is not only beneficial for enjoyment and recreation but also enhances the overall connectivity, quality, and function of resources shared by the public and private landowners. Pond knows how to work through the technical challenges of this project as well as the nuanced engagement with regulators and project owners to keep the project on budget and schedule. Pond's staff and teammates are all local to Georgia. The Pond team is invested in the success of the City and will be a trusted partner and advisor throughout the life of the project. Pond offers: • Passionate environmental leadership with a deep engineering bench • Successful service to the City of Augusta • A proven track record with many similar projects • Right size firm - significant capacity with personalized service • Local to the projects with our office in Augusta, Georgia • Accomplished history of environmental restoration, permitting, and resource management We appreciate your time and consideration in reviewing our proposal. If you have any questions or require further information please contact me at 706.614.4436 or baileys@pondco.com. Respectfully, Pond 4 Stephen Bailey, PWS Bryan Evans, PE Associate I Environmental Program Manager Executive Vice President I Officer-in-Charge Architects Engineers Planners Constructors 1 a ON, COMPANY QUALIFICATIONS PROJECT UNDERSTANDING Subconsultants Pond understands the scope of this project consists Land 2 Water Services. ,LA .. 5 tkv E�.`,„,' of an assessment of existing City data to baseline LLC—Stream Design and conditions and understanding known watershed Construction Oversight ($8 firm) conditions. From ther,e the scope is to evaluate, Land 2 Water Services, LLC (L2W) works with survey and prioritize streams with the City in a detailed municipalities, utility consultants/contractors and analysis of stream bank failure, erosion, property loss restoration clients to provide project management and other issues that would be remedied from stream and design services before and during construction. restoration. Once the studies are completed, stream Managing Member Jeremy Dean, CPESC, has over restoration plans would be designed for the Task Order 17 years of experience in stream, stormwater/sewer, area.A Phased Improvement Construction Plan would erosion/sediment control design and construction. be generated with cost data per project for proposed Jeremy has dedicated the last six years to using improvements within the area. A recommended the Natural Channel Design approach for stream prioritization of phase construction would be created restoration of streams and buffers. His balanced for City use. experience working with consultants, municipalities, Using this priority list and design sets, an Alternatives regulators and contractors allows for L2W's particular Analysis would be completed that would generate perspective to focus on the intent of the project alternative remedies for problematic areas. This and coordinate with the players to get the project analysis would be summarized in a report along with completed. the existing drainage system.This Alternatives Analysis ,. would be used to create a List of Priority Projects. TerraX—Cultural Pond is very familiar with helping Cities make decisions Resources (WBE firm) Terra X on which projects should take priority and is excited to TerraX provides the highest help the City with these tasks. quality of Cultural Resource Management consulting in the country. TerraX specializes in applied research Please refer to the Stream Restoration Process Map and focuses on practical solutions to cultural and Sample Project Schedule on the following pages. resource management issues, balancing economic SUMMARY OF TEAM ORGANIZATION development with mandates to preserve the past. Each project is tailored specifically to meet the client's Firm Profile requirements. The experienced and knowledgeable As a full-service firm, Pond staff guides clients through the cultural resource is able to bringtogether • management process with ease and proficiency, ensuring that projects are completed on time, within the mixture of skills that are necessary and unique to make each project successful. As a result, Pond budget, and without costly delays. TerraX's staff has a history of producing award-winning, context- has conducted hundreds of projects for both public sensitive, and innovative projects to serve our clients' and private sector clients around the United States. needs. Full-service capabilities benefit our clients TerraX has the capability to respond rapidly to multiple by delivering greater value in the following areas: simultaneous projects over a wide geographic area. teamwork, responsiveness, communication, quality The staff is a proven provider to various departments control, and project coordination. of transportation, the Department of Defense, several U.S. Corps of Engineers Districts, as well as private Pond's approach is successful because our ultimate sector clients in the energy, development, engineering, goal is to help each of our clients succeed. and transportation industries. Pond's multi-discipline team of stream engineers, Please find more information about our team and scientists, construction engineers, hydrologists, and qualifications in the following sections. floodplain experts will provide a thorough and context- sensitive evaluation of each project and provide the City with a seamless team to execute each restoration project. Pond Qualifications I RFP#19-152 I Engineering Services for Streambank Stabilization Design,Permitting and Construction 2 k TEAM EXPERIENCE I Identification of Project Manager Team Capacity IF 10111 In selecting a team for a significant '% w To ensure Pond's internal resources are not over- Stabilization Design, Permitting, and ,� meeting/teleconference to assess the staffing and Construction Project, management A production needs of each task order. The meeting is is critical. The proposed Project - attended by key team members including the project Manager, Glenn Martin, PWS, has manager, quality managers and discipline leaders spent his entire 15+ year career in water and natural responsible for resources. Together, the team reviews resources management. project schedules and design components to ensure adequate internal resources are allocated for the tasks He is a Professional Wetland Scientist and Certified at hand. The project managers and quality managers Ecologist who has led field investigations, permitting review design milestones for technical compliance, efforts, and environmental design components of client QA requirements,and budget performance.Pond many similar projects. Glenn has served as a Project has the ability and proven experience in managing and Manager for the last five years and has successfully designing concurrent multiple projects through the use delivered similar scopes of work in Georgia and of multiple design teams. throughout the southeast. Consultant Resources Similar to what is expected on this project, Glenn Pond has assembled a team of subconsultants that has both led and managed stream and watershed bring substantial experience and capacity within their investigations and analyses as well as the design and specific areas of expertise. These subconsultants will construction of stream restoration projects. Supported be directly managed by Pond to ensure consistency by our strong team of scientists, designers, and and timeliness of performance of services in an engineers, the Pond Team is well-suited to provide seamless manner. services on this Streambank Stabilization Design, Permitting, and Construction project. Firm Capacity&Resources- Design Pond has over 550 experienced professionals on A sample listing of Glenn's project experience includes: staff (including 13 dedicated environmental and water resource professionals in our headquarters • Atlanta Beltline, Enota Park office). In addition, we have eight transportation and • AGL Resources, Northwest Georgia Expansion civil engineers and designers in our Augusta office Pipeline to provide additional depth as necessary. Pond has • Chick-fil-A Campus Environmental Study the capacity and management procedures to ensure • Pinnacle Park Environmental Services the project will be completed on time. This depth will • Alpharetta Big Creek Greenway Extension ensure adequate attention and time will be allocated to • GA Department of Natural Resources, Lake Burton the City throughout the schedule. Fish Hatchery • GA Department of Natural Resources, Magnolia Springs Environmental Permitting Workload - Pond's present workload and available resources F; . v,. :.; ., allow us to confidently state that Pond can complete < (4'4!� ii,'` 4 , k' these project requirements on time and within budget. 6 i. �€t s �' Pond has immediate availability to begin work on this i �� %*" ` - contract! Pond will dedicate the necessary resources early in the process in order to plan and expedite the design schedule. The team members are involved in �. projects which are completing design and would be 4. F available to begin the programming and design phase ; when required. ; A. 46, .: . �W Pond Qualifications I RFP#19-152 I Engineering Services for Streambank Stabilization Design,Permitting and Construction 8 rO■I) TECHNICAL APPROACH PROJECT APPROACH For each project affecting the public and as needed and directed by the City, Pond will organize and host Understanding of Area in Which Project Is with the City a Community Group Outreach meeting Located to introduce the draft designs, solicit community Pond is a Georgia-headquartered company with input, and explain project goals and benefits. Pond will a local Augusta team currently serving the City of deliver meeting minutes and a summary of the public Augusta (the City), prominent golf courses in the meetings for use by the City in determining preferred area, Columbia County, GDOT, Augusta University alternatives and generating designs. and many others within the CSRA. Pond understands that the City's engineering and Process for Evaluation of Alternatives, Identifying infrastructure, topography, ecology and drainage Permits and Permit Agencies, Site and characteristics includes many small to large perennial Environmental Analysis streams,many of which are behind neighborhoods and Upon initiating a project, Pond will immediately hold an businesses.In addition,Pond understands that the City internal kick off meeting with all project team members has many historic areas and is experiencing significant to review scope, schedule, and budget. Pond growth, which creates the need to remedy areas with understands that schedule is a critical path and will historic drainage and stream issues as well as demand review the proposed schedule and develop Project for additional property and changing land use. Pond Work Plans for each discipline. Pond will engage the is ready to help the City prioritize its stream projects City to identify all stakeholders and potential issues and work towards implementing a buffer management associated with access, survey, design, permitting, program. Pond has extensive experience in buffer and community relations. Pond will organize weekly permitting, management and restoration. Pond has internal meetings and monthly meetings with the City significant experience and technical expertise that including delivery of a Project Status Report prior to coupled with our local knowledge, will help the City each meeting. to use its taxpayers' funds judiciously while stabilizing Pond will complete a thorough desktop analysis of the and restoring eroding stream banks and controlling project including review of state and federal databases stream with sound natural channel design and bio- for records of known natural and cultural resources. engineering. This will help to meet the goals of public Pond will evaluate the project needs and determine and private stakeholders as well as attain sound which environmental and land disturbance permits are environmental stewardship of the stream systems. required. Approach to Public Outreach Assessment of existing data and field studies Stream projects are often located on private will then be completed for jurisdictional waters, property and, many times, involve multiple property stream morphology, species habitats, hydrology, owners and can draw considerable attention. Pond topographical and property features, specimen trees, knows how to paint the long-term picture so that potential tree material for restoration areas, and other everyone understands that the project will benefit data required for design. Pond will have the best the watershed, the City, citizens, and the overall experts in the field together, which will result in better ecological health of the area and downstream communication, data collection and a more efficient waters. design process. Project knowledge and strong stakeholder Once the technical analysis is complete, Pond will relationships place Pond at a distinct advantage in provide a Summary Report of findings and engage efficiently executing the public outreach component with the City and stakeholders to determine viable of this project. Pond's experience in delivering similar alternatives for the restoration and/or stabilization projects will ensure that stakeholders are reached designs. These alternatives will be developed with in the study area, including business and property variables including traditional vs. natural channel owners, students, low-income residents, minorities, design features, cost, constructability, permitting and those with limited English language proficiency. drivers, and community impacts and concerns. Pond Engaging the community and obtaining initial input will utilize these data and analyses to create a List of will assist Pond in performing the analysis efforts and Priority Projects. developing draft recommendations. Pond Qualifications I RFP#19-152 I Engineering Services for Streambank Stabilization Design,Permitting and Construction 10 TECHNICAL APPROACH Once conceptual alternatives have been developed, site field data,and City design preferences.The concept a set of meetings with both the technical committee design will be presented to the City for discussion on and stakeholders will be held at the City's request feasibility, cost, and constructability. Concurrently, and direction to present the draft concepts and the concept design will be used for preapplication recommendations. The goal will be educating the meetings with state and federal regulators that will be public about alternatives and finding consensus on a reviewing permit applications. One meeting each with preferred design. USACE and GA EPD is recommended per project. Using feedback from the concept review, Pond's Permitting stream design team will begin design work using These projects are typically regulated by local, state, Rosgen stream classification and natural channel and federal agencies such as the Georgia Department design methodologies. Designers will use Rivermorph of Natural Resources (DNR)/Environmental Protection analysis software to determine stream fluvial Division (EPD), the United States Army Corps of characteristics of the existing and design conditions. Engineers (USACE), and potential others including the Pond will produce a 60% design for review with the United States Fish and Wildlife Services(USFWS)and City followed by a 100% final design and Issued for Georgia Historic Preservation Division (HPD) should Construction plan set. protected resources be present within project areas. As required by regulators, Pond will establish annual Pond has close relationships with all of Georgia's monitoring locations for use by the City using the regulatory agencies and will utilize these to obtain metrics below: efficient and early coordination and communication • The monitoring reach will be 20 x bankfull width. that will lead to a smooth and proactive permitting • Includes at least include two pool cross sections process. and two riffles. Pond frequently obtains the permit approvals likely The monitoring stations/locations will be marked required for this project and is ready to utilize the during the final as built. company's excellent rapport to aid the City however • Photo stations will be established throughout the possible and work to ensure regulators have everything stream restoration looking up/downstream typically they need to approve permits on time and budget. at outside meander bends. Permits typically required for these projects are listed Construction Oversight below. Each permit will be required for each project Pond is accustomed to design/build projects of many that is not contiguous. kinds; however, Pond recognizes that a specialized, ■ USACE 404 Nationwide Permit experienced stream restoration contractor is vital • Georgia EPD Stream Buffer Variance to the success of these projects. The Pond team • NPDES Land Disturbance Permit will work with the construction contractors after the construction bid review and selections process so Knowledge of Site Specific In Stream and Stream that when construction begins, the entire team has a Bank Restoration Design and Construction thorough understanding of the project, its goals and Practices the design to be implemented. The Pond restoration team are leaders in the use of As requested by the City, Pond will provide detailed natural channel design techniques, such as use of toewood, digger logs, tree revetments, selected native construction oversight,including required water quality species plantings and bioengineering techniques monitoring, site inspection, and health and safety to produce a green and sustainable design and planning. Pond will serve as the City's eyes and ears construction that will be customized to fit the design during construction and provide a weekly progress requirements for each restoration project. Pond will report, proposed design changes, changes to look to use as much native,on-site material as possible erosion and sedimentation control BMPs, regulatory in the stream design and construction to save costs inspections, and any other information that the City and add value from the reuse of material. may need as project owners and decision makers. Pond will produce a concept design using desktop Pond leadership will be available for calls and ad hoc analysis of drainage area,flow records, modeling data, meetings. Pond Qualifications I RFP#19-152 I Engineering Services for Streambank Stabilization Design,Permitting and Construction 11 TECHNICAL APPROACH Construction is a dynamic process and construction necessary, to maintain the baseline schedule or to within a natural system has many variables. Excellent progress ahead of schedule. communication and demonstrated team experience Within 10 days of project award, the Pond Project can control many of these and reduce schedule risk Manager will work with the City to review and modify with keeping the City informed and up to speed. Pond's baseline schedule. The schedule will show Pond will use its teams' experience and judgement phases, sub-phases and tasks that are resource - to deliver successful restoration construction and cost-loaded based on the expected effort and management. associated cost of resources to be assigned to the project and include baseline, scheduled and actual Management Tools, Techniques, and Procedures dates, key milestone dates, critical path, float, and used to Maintain Project Schedules progress percentage. Pond's Project Manager will hold Pond has the technology, processes, procedures, weekly internal meetings to discuss the status of each controls, back office resources and other functions required task for a given project. Quantifiable progress necessary to adequately control these projects at all of tasks will be reviewed at each meeting. stages. Pond understands that effective project processes, Quality Assurance and Quality Control(QA/QC) procedures and controls are essential for the Pond's Design QA/QC Plan ensures final designs for successful execution of the City's stream restoration all projects are constructible,operable,maintainable, projects, including: reliable, and biddable. Pond believes that quality is • Schedule management best achieved through the systematic execution of • QA/QC established SOPs. Toward that end, Pond uses a • Cost management customized Microsoft OneNote"Project Notebook"as • Communications management a tool for all team members to follow for the project • Risk management planning, initiation, execution, documentation and • Change management QA/QC reviews for all projects. This Project Notebook will be customized for this project, based on Pond's To assist in the successful execution of the project, planned approach and Pond proposes utilization of available software pp project controls. Pond will technology through six (four of which are listed below) successfully execute the required work, including all program management software applications to add required surveying, permitting and stream restoration value to each project including: design by implementing the following QA/QC protocols: • Microsoft Project—project scheduling • Development and use of detailed project execution • Deltek Vision—project accounting plans • Newforma—project information management and • Development and use of a critical path project document controls schedule • Bluebeam Revu—document change and review • Weekly project team status and coordination Schedule Management meetings • Preparation of project documentation and timely Pond will develop a detailed critical path network dissemination of project decisions schedule for each project utilizing Microsoft Project • Performance of systematic quality reviews built around a common work breakdown structure • Oversight of work execution (WBS). The Pond schedule will identify critical path • Project Execution Plans items to ensure that all major milestones are met or exceeded. Each discipline lead will develop a Project Execution Using Microsoft Project, Pond's Project Managers will Plan based on the scope of work, required standards, manage schedule, costs, preparation of deliverables, schedule milestone dates, information required and avoidance of escalation. Through use of the to execute according to the schedule, and all Microsoft Project CPM schedule, the Project Manager interdisciplinary execution dependencies. will ensure seamless integration of scheduling among Using each discipline's and subcontractor's Project all team members and assign reserve resources, as Execution Plan, the project manager will develop Pond Qualifications I RFP#19-152 I Engineering Services for Streambank Stabilization Design,Permitting and Construction 12 TECHNICAL APPROACH a critical path project schedule that identifies all ■ Proper oversight of work at all levels of the team interdisciplinary execution dependencies. Knowledge Deltek Vision of interdisciplinary execution dependencies is required to ensure required tasks are performed no later than Pond uses Deltek Vision, the standard accounting contract milestone dates and that all elements of the and project management software in use by the project stay on schedule. The critical path project A/E industry for timekeeping and invoicing. Prior to schedule will be reviewed during weekly project team beginning a project, Pond's Project Manager will status and coordination meetings and will be linked create a project budget in Vision based on the MS in the project's OneNote Project Notebook for use by Project schedule with milestones, phases, and tasks team members. for the project. By daily monitoring of the engineering Pro ect documentation and land surveying progress, associated cost incurred (including action items and recorded in Vision, and the baseline milestones assigned to team members), Pond team status and on the MS Project Schedule, the Project Manager coordination meeting agendas and minutes,City/Pond can effectively manage project cost and avoid status meeting agendas and minutes, and project escalation. Deltek Vision has the flexibility to allow decisions and records of telephone conversations will for the creation of prime invoices (with subcontractor be linked in the project's OneNote Project Notebook back-up data)in the current form preferred by the City. for use by team members. The Project Manager and Pond's staff will ensure that Cost Management the information contained on Pond's invoices (and Pond recognizes the importance of cost management subcontractor back-up data) matches precisely the to the success of City stream projects. Cost objectively measured "percent complete" shown on management will be provided through a two-pronged the approved MS Project schedule. approach. First, cost management will be provided Based on the weekly internal coordination meetings, through effective design and planning. Pond will the Project Manager and engineering discipline leads ensure through detailed, cost-loaded scheduling, will add resources to tasks,as necessary,to ensure that that all current forecasted efforts are as accurate Pond either meets or exceeds the baseline schedule. as possible with no surprises for the City. Second, If there are factors outside Pond's control that have the cost management will be achieved throughout the potential to adversely impact the project's schedule, construction process. such as a land owner's unwillingness to grant survey Once surveying and design begins on the project,each permission or environmental permitting challenges, team member, under the supervision of the Project then the Project Manager will notify the City as quickly Manager, will continue to seek and identify potential as possible with possible solutions and associated risks and opportunities that may impact project cost. pros and cons of each to mitigate any potential risk that may impact the design or construction schedule, land Task assignments will include requirements related acquisition cost, permitting time and/or construction to schedule, budget, and coordination for tasks such cost. Information recorded during Pond's weekly as environmental permitting and daily and weekly internal coordination meetings will be reported to the deliverable goals. Performance of all tasks will be City in the weekly progress report, the two-week"look supervised and objectively measured with Deltek ahead" rolling schedule and the monthly integrated Vision, Pond's project accounting and timekeeping cost and progress report. Pond's scheduling system software, and MicroSoft Project to ensure decisions has been tested and proven to be effective repeatedly and actions by the team result in a design solution with on individual projects for other programs with multiple no unnecessary additional design cost to the City. projects. Key elements of Pond's cost management philosophy Communications Management that will result in keeping design cost within budget During and will aid in reducing construction cost include: weekly internal team meetings, Pond team • Evaluation of design alternatives members will discuss upcoming scheduled effort, • Early detection of potential risks and potential any challenges that may warrant the use of additional opportunities resources to maintain the baseline schedule, and • Early permitting reviews any opportunities to progress ahead of the schedule. Internal coordination meeting minutes will be recorded Pond Qualifications I RFP#19-152 I Engineering Services for Streambank Stabilization Design,Permitting and Construction 13 POIND TECHNICAL APPROACH and will be become part of the project log, which will minimal schedule delays or additional cost, in the be shared with all team members through Newforma, event unanticipated circumstances require additional Pond's information management and document personnel and effort. Additionally, all key members of controls software application. Using Deltek Vision Pond's proposed team have experience serving in roles and the updated MS Project Schedule, the Project at the task and supervisory levels. By frequent and Manager will perform a monthly Earned Value Analysis thorough internal team coordination and coordination (EVA) in order to measure the project's progress, with the City, Pond key personnel can effectively fulfill forecast completion date and final cost as the project a variety of roles on the project, if it becomes prudent. proceeds. The EVA will allow the Project Manager Pond believes that all aspects of schedule control, to identify any negative trends early in order to allow cost management,and communications management time for a corrective, proactive approach to keep the when performed effectively reduces the possibility of project on schedule and within budget. schedule delays and design errors,which will ultimately Newforma reduce risk in the execution of the projects. Newforma is the premier, secure project information Change Management management and document controls software Pond will work with the City's Change Control available for managing team communications, Procedures. Pond anticipates this process will include engineering drawings, and other deliverables. Pond providing early warnings to allow key stakeholders to uses Newforma as an internal team clearinghouse provide adequate direction and assist in controlling (although access can be granted to the City, upon impacts to cost and schedule. Accordingly, Pond request) for project documents, e-mail and other will implement the City's Change Control Procedures forms of communication, action item tracking, RFI when any change in service or work product would and change control tracking and meeting minute have materially altered: generation with its design team members, clients and • The functionality, performance standards, or sub-consultants.Through Newforma's"Info Exchange" technical environment of the services or work module, accessible through an internet browser,tablet product or smartphone, project stakeholders can quickly and • The scope or schedule of the services or work securely transmit and receive project documents and product provide comments, all while maintaining a detailed • The manner in which the services or work product audit trail of project activity, allowing for seamless are provided integration and compatibility of data, drawings and • The cost to the City enhancing change control management among all internal team members. Assigned passwords and Pond will comply with the Change Control Procedures access permissions ensure security is provided. identified in agreements with the City. Risk Management Pond's approach to these projects will be similar to that utilized on other City projects. Pond will help manage risk through the following: ■ Dedication of primary and reserve resources ■ Ability of staff to function in multiple organizational roles • Use of a local team and subcontractors ■ Investigation of each stream site to identify potential environmental permitting and construction-related risks Pond's approach includes not only the assignment of dedicated and experienced resources to each task, but identification of reserve resources at all levels of task production and supervision. This will ensure Pond Qualifications j RFP#19-152 I Engineering Services for Streambank Stabilization Design,Permitting and Construction 14 REFERENCES POND REFERENCES �F - - Georgia Department of Natural Resources s 2 Martin Luther King Jr. Drive, Suite 1352,Atlanta, GA 30334 Mr. Brent Vendola Northern Region Construction Manager - 404.656,6531 f w ar brent.vendola@dnr.state.ga.us y . Duke Energy 1 y4 _ 83 Century Blvd., Nashville,TN 37214 _ • - F Mr. Bobby Worthington Engineering PM 615.872.2332 bobby.worthington@duke-energy.com —= Southern Company Gas 10 Peachtree Place, Atlanta, GA 30309 Mr. Greg Jones Manager, Environmental Programs 404.584.3722 gjones@southernco.com _° Columbia County 630 Ronald Reagan Drive, Building A, Evans, GA , 30809 , Mr. Steve Cassell 706.868.3356 ft scassell@columbiacountyga.gov .rrs LAND 2 WATER REFERENCES Meanders River Restoration, Inc. 131 North Main, Suite 1, Box 11, Ellijay, i's ' £ 3 GA 30540r*j * - . f , rfir, Mr. Steve Jones, Ph.D. # President 07; 404.245.5497 ' rte sjones@meandersrr.com d Al 4 r. AR • Armourco, Inc. x � 123 Dixie Court, Woodstock, GA 30189 R Mr. Buck Altschul ` Owner/President 770.405.9426 ._ buck@armourco.com RiverBank Ecosystems ;ti t' PO Box 29921,Austin,TX 78755 Mr.Adam Riggsbee President 512.541.3775 Pond Qualifications I RFP#19-152 I Engineering Services for Streambank Stabilization Design,Permitting and Construction 15 G t A Attachment B You Must Complete and Return the 2 pages of Attachment B with Your Submittal. Document Must Be Notarized. Augusta, Georgia Augusta Procurement Department ATTN: Procurement Director 535 Telfair Street, Suite 605 Augusta, Georgia 30901 Name of Proponent: Pond Street Address: 621 NW Frontage Road. Suite 320 City,State,Zip Code: Augusta, GA 30907 Phone: 706.883.4671 Fax: Email: BaileySapondco.com Do You Have A Business License? Yes: X No: Augusta,GA Business License#for your Company(Must Provide): LCB20150001442 and/or Your State/Local Business License#for your Company(Must Provide): Control Number:10060162-State of Georgia -uertiricate Number:000857-Peachtree Corners Utility Contractors License#(Must Provide if applicable): MUST BE LISTED ON FRONT OF ENVELOPE General Contractor License#(Must Provide if applicable): Additional Specialty License#(Must Provide if applicable): NOTE: Company must be licensed in the Governmental entity for where they do the majority of their business. If your Governmental entity (State or Local) does not require a business license, please state above (Procurement will verify), your company will be required to obtain a Richmond County business license if awarded a RFQ. For further information regarding Augusta,GA license requirements,please contact the License and Inspection Department @ 706 312-5050. List the State,City&County that issued your license: Georgia, Peachtree Corners, Gwinnett Acknowledgement of Addenda: (#1) :(#2) :(#3) :(#4) :(#5) : (#6) :(#7) :(#8)_: NOTE: CHECK APPROPRIATE BOX(ES)-ADD ADDITIONAL NUMBERS AS APPLICABLE Statement of Non-Discrimination The undersigned understands that it is the policy of Augusta,Georgia to promote full and equal business opportunity for all persons doing business with Augusta, Georgia. The undersigned covenants that we have not discriminated,on the basis of age, race, religion,gender, national origin or ethnicity,with regard to prime contracting,subcontracting or partnering opportunities. The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable participation of local small businesses on the proposal or contract awarded by Augusta,Georgia. The undersigned further covenants that we have completed truthfully and fully the required forms regarding good faith efforts and local small business subcontractor/supplier utilization. The undersigned further covenants and agrees not to engage in discriminatory conduct of any type against local small businesses, in conformity with Augusta, Georgia's Local Small Business Opportunity Program. Set forth below is the signature of an officer of the proposer/contracting entity with the authority to bind the entity. The undersigned acknowledge and warrant that this Company has been made aware of understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company; That this promise of non- discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption; That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made as part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and;That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination as made and set forth herein shall constitute a material breach of contract entitling Augusta,Georgia to declare the contract in default and to exercise any and all applicable rights remedies including but not limited to cancellation of the contract,termination of the contract,suspension and debarment from future contracting opportunities,and withholding and or forfeiture of compensation due and owing on a contract. Non-Collusion of Prime Proponent By submission of a proposal,the vendor certifies,under penalty of perjury,that to the best of its knowledge and belief: (a)The prices in the proposal have been arrived at independently without collusion,consultation,communications, or agreement, for the purpose of restricting competition,as to any matter relating to such prices with any other vendor or with any competitor. (b)Unless otherwise required by law,the prices which have been quoted in the proposal have not been knowingly disclosed by the vendor prior to opening,directly or indirectly,to any other vendor or to any competitor. (c)No attempt has been made,or will be made, by the vendor to induce any other person,partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition. Collusions and fraud in proposal preparation shall be reported to the State of Georgia Attorney General and the United States Justice Department. RFQ 19-152 Eng.Svcs.for Streambank Stabilization Design,Permitting and Construction Due:Thursday,February 21,2019 0 11:00 a.m. Page 6 of 19 Conflict of Interest By submission of a proposal,the responding firm certifies,under penalty of perjury,that to the best of its knowledge and belief: 1.No circumstances exist which cause a Conflict of Interest in performing the services required by this RFC),and 2.Thal no employee of the County, nor any member thereof,not any public agency or official affected by this RFQ, has any pecuniary interest in the business of the responding firm or his sub-consultant(s)has any interest that would conflict in any manner or degree with the performance related to this RFQ. By submission of a proposal,the vendor certifies under penalty of perjury,that to the best of its knowledge and belief: (a)The prices in the proposal have been arrived at independently without collusion,consultation, communications,or agreement,for the purpose of restricting competition,as to any matter relating to such prices with any other vendor or with any competitor. (b)Unless otherwise required by law,the prices which have been quoted in the proposal have not knowingly been disclosed by the vendor prior to opening,directly or indirectly,to any other vendor or competitor. c)No attempt has been made,or will be made,by the vendor to induce any other person,partnership or cooperation to submit or not to submit a proposal for the purpose of restricting competition. For any breach or violation of this provision,the County shall have the right to terminate any related contract or agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full amount of such fee,commission,percentage,gift,payment or consideration. Contractor Affidavit and Agreement By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. § 13-10-91, stating affirmatively that the individual,firm,or corporation which is contracting with Augusta,Georgia Board of Commissioners has registered with and is participating in a federal work authorization program' [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees,pursuant to the Immigration Reform and Control Act of 1986(IRCA),P.L. 99-603j,in accordance with the applicability provisions and deadlines established in 0.C.G.A§13-10-91. The undersigned further agrees that,should it employ or contract with any subcontractor(s)in connection with the physical performance of services pursuant to this contract with Augusta, Georgia Board of Commissioners,contractor will secure from such subcontractor(s)similar verification of compliance with 0.C.G.A§13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form.Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to the Augusta,Georgia Board of Commissioners at the time the subcontractors)is retained to perform such service. Georgia Law requires your company to have an E-Verify*User Identification Number(Company I.D.)on or after July 1, 2009. For additional information or to enroll your company,visit the State of Georgia website: https:,e-verify.uscis.gov/enroll/ and/or htto:liwww.dol.state.ga.usfpdf,'rules/300 10 1.odf **E-Verify* User Identification Number(Company I.D.) 175046 NOTE: E-VERIFY USER IDENTIFICATION NUMBER(COMPANY I.D.)MUST BE PROVIDED: IN ADDITION,THE RECOMMENDED AWARDED VENDOR WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING(MOU) The undersigned further agrees to submit a notarized copy of Attachment B and any required documentation noted as part of the Augusta, Georgia Board of Commissions specifications which govern this process. In addition,the undersigned agrees to submit all required forms for any subcontractor(s) as requested and or required. I further understand that my submittal will be deemed non-compliant if any part of this process is violated. Pond Com pan me BY: Authorize. Officer or::ent (Contractor Signature) c -of, , eF I- . Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SU RIBED 'ND SWORN OR ME ON IS THE LSA` DAY OF Febtr U1 cLV ,20 ''} it , , �11if�fii►�� i r( NO RY SEAL ;•‘‘�� gan Not.ry Public , 5J•'" iso!~••'d•'��i My Commission Expires: �� I ZDZ l .06 0jj�� I >A1ot$,. i° _tD i You Must Complete and Return the 2 pages of Attachment B with Your Submittal,DocumenGa slfltl %lla ro+ Notarized. %6 ,o ► % unit RFQ 19-152 Eng.Svcs.for Streambank Stabilization Design,Permitting and't 4$ 40 Due:Thursday,February 21,2019 @ 11:00 a.m. Page 7 of 19 G E' O R GIA You Must Complete and Return with Your Submittal. Document Must Be Notarized Systematic Alien Verification for Entitlements(SAVE) Program Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Certificate, Alcohol License,Taxi Permit, Contract or other public benefit as reference in O.C.G.A.Section 50-36-1, I am stating the following with respect to my proposal for an Augusta,Georgia contract for 19-152 Engineering Services for Streambank Stabilization Design, Permitting and Construction (RFO Project Number and Project Name] Stephen M. Bailey, PWS (Print/Type:Name of natural person applying on behalf of individual,business,corporation,partnership,or other private entity] Pond (Print/Type: Name of business,corporation,partnership,or other private entity] 1.) X I am a citizen of the United States. OR 2.) I am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien (8 § USC 1641) or nonimmigrant under the Federal Immigration and Nationality Act(8 USC 1101 et seq.) 18 years of age or older and lawfully present in the United States.* In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Offi lal Code o Georgia. / • Signature of Applicant Stephen M. Bailey Printed Name *Alien Registration Number for Non-Citizens SUB IBED AND SWOliEF•RE ME ON THIS THE 1 DAY OF -i71( 0 to! 0{1111111frf i ♦�vSan J rrl,, 5 O i Notary Public rcy My Commission Expires: 'i i Z 2-1)2-( ( 0- 2 wi 2 — NOTARY SEI e III Z6 • 'Olio Note: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL ';ie,O.••••N 4QZ�.•��Q���� REV.7/12/2015 'i inty GeO••`� RFQ 19-152 Eng.Svcs.for Streambank Stabilization Design,Permitting andfC )uction Due:Thursday,February 21,2019(?11:00 a.m. Page 8 of 19 THIS CERTIFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HEREIN DESCRIBED. BUSINESS CERTIFICATEAUGUSTA 201 9 MAILING ADDRESS INFORMATION POND&COMPANY 3500 PARKWAY LANE, SUITE 500 NORCROSS,GA 30092 THIS CERTIFICATE EXPIRES 12/31/2019 BUSINESS LICENSE # LCB20150001442 ISSUE DATE: 02/15/2019 CERTIFICATE ISSUED IN THE NAME OF: POND&COMPANY CLASSIFICATION(S): 54133- ENGINEERING SERVICES(4) BUSINESS TYPE: BUSINESS BUSINESS LOCATION: 621 Frontage Rd,Augusta, GA 30907 SUITE: 320 CERTIFICATE HOLDER INFORMATION: JOHN CASSIDY THIS OCCUPATIONAL TAX CERTIFICATE IS VALID FOR CALENDAR YEAR ENDING 12/31/2019 AND IS SUBJECT TO RENEWAL BY 1/31/2020.THE PLANNING AND DEVELOPMENT DEPARTMENT SHALL HAVE THE RIGHT TO SUSPEND ANY CERTIFICATE IF THE BUSINESS VIOLATES ANY LAW OR ORDINANCE OF THE UNITED STATES,THE STATE OF GEORGIA,OR AUGUSTA,GEORGIA. Robert H. Sherman III Director 0, c ° Z 't)H cri2 iT2 . ., ....,... 0 > 0 f< ). 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CI (.0 1 0 > ck Iv u) z co -< OD 0 CA) m co W CZ issok 00 „ . ,., STATE OF GEORGIA Secretary of State Corporations Division 313 West Tower 2 Martin Luther King,Jr. Dr. Atlanta,Georgia 30334-1530 Annual Registration *Electronically Filed* Secretary of State Filing Date:03/20/2018 14:57:28 1;VP ;z'°`... �� �....e;.yam,;,_ �%w�`r:,„n»hh .is> BUSINESS NAME : POND&COMPANY CONTROL NUMBER : J515174 BUSINESS TYPE Domestic Profit Corporation rfgc�,3` •:" � . ¢` �*Y'rr"�,��i PRINCIPAL OFFICE ADDRESS : 3500 PARKWAY LN STE 500,Peachtree Corners,GA,30092,USA REGISTERED AGENT NAME : Brad Carr REGISTERED OFFICE ADDRESS : 1960 Satellite Blvd,Suite 4000,Gwinnett,Duluth,GA,30097,USA OFFICER TITLE ADDRESS Anthony W Parker CEO 3500 PARKWAY LN STE 500,Peachtree Corners,GA,30092, USA John W.Cassidy Secretary 3500 Parkway Lane Ste 500,Peachtree Corners,GA,30092,USA William E.Sloan CFO 3500 PARKWAY LN STE 500,Peachtree Corners,GA,30092, USA te. ' ) ro„. [av< ,� e % '. � a , �'' r,`�e'ya�a ,gym, `s. "` x�srT, ��`rf„t., t,k ^�,ar�ey��'s + 9�� ,��µ�_._ �� ;�xa,�#.�.".��� f~ _.��� PRINCIPAL OFFICE ADDRESS : 3500 PARKWAY LN STE 500,Peachtree Corners,GA,30092,USA REGISTERED AGENT NAME : William Sloan REGISTERED OFFICE ADDRESS : 3500 Parkway Lane,Ste 500,Gwinnett,Peachtree Corners,GA,30092,USA OFFICER TITLE ADDRESS Anthony W Parker CEO 3500 PARKWAY LN STE 500,Peachtree Corners,GA,30092, USA John W.Cassidy Secretary 3500 Parkway Lane Ste 500,Peachtree Corners,GA,30092,USA William E.Sloan CFO 3500 PARKWAY LN STE 500,Peachtree Corners,GA,30092, USA a v a 4; Ls ° a y a�"� 5�b, �� s. s`^�„ar " �2 -L " ' AUTHORIZER SIGNATURE : Nicole Kessler AUTHORIZER TITLE : Authorized Person POND & COMPANY STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, ANDENERAL OVERHEAD ..\\YEAR E 29, 2018 with INDEPENDENT AUDITORS' REPORT TABLE OF CONTENTS PAGE INDEPENDENT AUDITORS' REPORT ON THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD 3-4 STATEMENT OF DIRECT LABOR, FRIII9NEFITS, AND GENERAL OVERHEAD 5 DESCRIPTION OF FAR REF ''4`1 S AND OTHER AUDIT ADJUSTMENTS 6 NOTES TO THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD 7-10 INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 11-12 SMITH & Kowa C'eriificd Pnblir,.Icem,n untsand.-1(1'1Acrs INDEPENDENT AUDITORS' REPORT ON THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD The Board of Directors Pond & Company Report on the Statement We have audited the accompanying State -,�,�f Direct Labor, Fringe Benefits, and General Overhead (hereinafter referred to as head Statement" or "Statement") of Pond & Company (the "Company") for the , - .ed June 29, 2018 and the related notes to the Statement. Management's Responsibility for the Statement Management is responsible for the preparation and fair presentation of this Statement in accordance with the basis of accounting practices prescribed by Part 31 of the Federal Acquisition Regulation ("FAR") and certain other Federal and State regulations; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of a statement that is free from material misstatement. Auditors' Responsibility Our responsibility is to express an opinion on the Statement based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in the Government Auditing Standards, issued by the Comptroller General. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the Statement is free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the Statement. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the Statement, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the Statement in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the Statement. Opinion In our opinion, the overhead statement referred to above presents fairly, in all material respects, the direct labor, fringe benefits, and general overhead of the Company for the year ended June 29, 2018 on the basis of accounting described in Note 2. Basis of Accounting We draw attention to Note 2 of the Statement, which describes the basis of accounting. The accompanying overhead statement was prepared on a basis of accounting practices prescribed by Part 31 of the FAR and certain • her Federal and State regulations, which is a basis of accounting other than accounting pr' . generally accepted in the United States of America. Our opinion is not modified with - to this matter. Other Matter rt,1/4,NO V In accordance with the Government Auditing Standards, we have also issued our report dated October 11, 2018, on our consideration of the Company's internal control over financial reporting as it relates to the Statement and on our tests of its compliance with certain provisions of laws, regulations, and contracts, including provisions of the applicable sections of Part 31 of the FAR. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. This report is intended solely for the use and information of the Company and government agencies or other customers related to contracts employing cost principles of the FAR and should not be used for any other purpose. October 11, 2018 POND&COMPANY STATEMENT OF DIRECT LABOR,FRINGE BENEFITS,AND GENERAL OVERHEAD YEAR ENDED JUNE 29,2018 Unallowable %of Direct Description Proposed Costs FAR Reference Audited Labor DIRECT LABOR $ 20,722,464 $ - $ 20,722,464 FRINGE BENEFITS: Holiday $ 1,649,349 $ - $ 1,649,349 Paid time off 1,300,934 - 1,300,934 Payroll taxes 2,755,914 - 2,755,914 401(k)plan 1,211,304 - 1,211,304 Workers'compensation 154,879 - 154,879 Employee group insurance 4,360,666 13,720 (1) 4,346,946 Bonuses 3,605,824 1,259,054, (2) 2,348,770 Total Fringe Benefits 15,038,870 }i1 , 13,766,096 66.43% GENERAL OVERHEAD [[[ ' ' \V Indirect labor 9,1 - 9,107,502 Indirect labor-marketing 740, 06 740,706 (3) - Indirect labor-bids and proposals 3,177,236 - 3,177,236 Rent and utilities 2,700,189 - 2,700,189 Depreciation 1,213,033 - 1,213,033 Amortization 288,735 288,735 (4) - Insurance 420,545 - 420,545 Bids and proposals/selling expense 530,029 38,444 (5),(6),(7),(8) 491,585 Office supplies 1,322,847 49,605 (3),(5),(6),(8) 1,273,242 Travel 890,941 55,967 (2),(5),(6),(7) 834,974 Recruiting 341,688 1,083 (6) 340,605 Repairs/maintenance 1,693,360 21,299 (5) 1,672,061 Communication expense 831,570 - 831,570 Professional dues/licenses/publications 546,079 135,171 (2),(5),(6),(11), 410,908 (13) Training 235,596 12,827 (2),(5),(6),(7), 222,769 (6).(11) Taxes/permits/licenses 117,564 610 (6),(10),(13) 116,954 Bad debt expense 180,000 180,000 (12) - Publications/subscriptions 100,779 - 100,779 Miscellaneous expense 1,010 - 1,010 Outside consultants 1,047,377 12,900 (6) 1,034,477 Meals 400,723 33,571 (2),(5),(6),(8) 367,152 Bank fees 72,961 56,323 (5) 16,638 Equipment lease 543,913 - 543,913 Postage and delivery 81,487 52,740 28,747 Legal and accounting 267,139 9,256 (15) 257,883 Reproduction expense 10,239 - 10,239 Meetings/conferences 279,007 28,449 (2),(6),(8),(11) 250,558 Income tax benefit (82,137) (82,137) (14) - Intercompany allocation (2,500,000) - (2,500,000) Marketing expense 368,279 368,279 (3) - Contributions 54,850 54,850 (11) - Advertising and promotions 60,058 60,058 (3) - Penalties and fines 1,424 1,424 (13) - Employee morale 584,936 584,936 (9) - Total General Overhead 25,629,665 2,705,096 22,924,569 110.63% TOTAL INDIRECT COSTS $ 40,668,535 $ 3,977,870 $ 36,690,665 177.06% Facilities Capital Cost of Money $ 104,838 0.51% See accompanying notes. 5 POND & COMPANY DESCRIPTION OF FAR REFERENCES AND OTHER AUDIT ADJUSTMENTS YEAR ENDED JUNE 29, 2018 (1) 31.205-19 Key man life insurance premiums are unallowable. (2) 31.205-6 Compensation in excess of the limits set in the Bipartisan Budget Act of 2013 or otherwise not meeting the criteria in FAR 31 is unallowable. (3) 31.205-1 Public relations and advertising costs are unallowable. (4) 31.205-49 Costs for amortization, expensing, write-off, or write-down of goodwill are unallowable. (5) 31.201-2(d) Expenses not supported by i -r documentation are unallowable. (6) 31.205-14 Costs of amusement, div- bns, social activities, and any directly related costs are unallowable,\ (7) 31.205-46 Travel costs not supported by required documentation or otherwise not meeting the criteria in FAR 31 are unallowable. (8) 31.205-51 Costs of alcoholic beverages are unallowable. (9) 31.205-13 Employee morale costs are unallowable. (10) 31.205-35 Direct project costs are unallowable. (11) 31.205-8 Contributions and donations are unallowable. (12) 31.205-3 Bad debts and associated legal costs are unallowable. (13) 31.205-15 Fines and penalties are unallowable. (14) 31.205-41 Income tax accruals designed to account for the tax effects of differences between taxable income and pretax income as reflected by the books of account and financial statement are unallowable. (15) 31.205-27 Organization/re-organization costs are unallowable. 6 POND & COMPANY NOTES TO THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD JUNE 29, 2018 NOTE 1 — DESCRIPTION OF THE COMPANY AND ITS ACCOUNTING POLICIES Pond & Company (the "Company") was formed in 1965 as a C Corporation under Georgia law and is owned by individuals. The Company's principal business activities are architecture and engineering services to both public and government clients. The Company does business throughout the United States of America and internationally. The Company maintains its accounting records on the accrual basis for financial reporting, while using the cash method of accounting for income tax purposes. The Statement of Direct Labor, Fringe Benefits, and General Overhead ("Overhead Statement" or "Statement") has been prepared on the accrual basis. 4 The Company has offices in Geo �,� , IIID! ;Alabama, South Carolina, Louisiana, Virginia, Texas, Colorado, Arizona, Illinois, * souri, Maryland and Washington D.C. The audited overhead rate is a unitary rate for all disciplines. Direct project costs are included in project cost records. The Company maintains a job-order cost accounting system for the recording and accumulation of costs incurred under its contracts. Direct costs incurred in providing services billed to clients at contracted unit rates are charged by functional accounts and accumulated as a single project or grouping to allow segregation of such costs from other direct costs. Each project is assigned a job number so that costs may be segregated and accumulated in the Company's job-order cost accounting system. The allocation basis for indirect costs is direct labor. In-house costs such as computers, equipment, computer software programs, and corporate vehicles are included in the Company's overhead rate. The Company has separate expense accounts for sub-consultants, personal vehicle mileage, and reproduction costs that are project related. Other Direct Costs ("ODCs") are consistently charged to projects, regardless of whether the ODCs are billable under the contracts. ODCs that are charged to projects include but are not limited to sub-consultants, contract labor, travel, and postage. The Company's method of estimating costs for pricing purposes during the proposal process is consistent with the accumulation and reporting of costs under its job cost accounting system. 7 POND & COMPANY NOTES TO THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD JUNE 29, 2018 NOTE 2 — BASIS OF ACCOUNTING The Company's Statement was prepared on the basis of accounting practices prescribed in Part 31 of the Federal Acquisition Regulation ("FAR"). Accordingly, the Overhead Statement is not intended to present the results of operations of the Company in accordance with accounting principles generally accepted in the United States of America. NOTE 3— LABOR RELATED COSTS The Company distributes labor costs tok•'c ct projects for all employee classifications. Overtime premium costs are include'- costs. The Company did not pay certaaried employees for time worked in excess of 40 hours per week. The time in excess of 40 hours was credited to the indirect cost pool at the employee's standard hourly rate. The labor variance account balance of $253,909 includes credits for uncompensated overtime and premium overtime paid for time worked in excess of 40 hours per week. The Company provides full-time regular employees with up to five years of service two weeks (80 hours) of Personal Time Off ("PTO") each calendar year. Full-time employees with more than five years of service receive three weeks (120 hours) of PTO. Temporary and co-op employees do not accrue vacation time. PTO may not be carried over to the following calendar year, except in special circumstances which require approval from a member of the executive management team. The maximum amount of hours to be carried over with permission is 40. Pay in lieu of vacation is not permitted. The Company performed an analysis of executive compensation in accordance with Chapter 7 of the American Association of State Highway and Transportation Officials ("AASHTO") Uniform Audit and Accounting Guide ("AASHTO Guide"). The analysis included an examination of the activities performed by company executives, and the forms of compensation paid to executives. The analysis also included an evaluation of compensation reasonableness as described in AASHTO Guide Section 7.5, using the National Compensation Matrix ("NCM"). The reasonable compensation amounts developed using the survey data did not exceed the applicable Benchmark Compensation Amounts of $512,000 per person. As a result of the analysis of executive compensation reasonableness, a total of$1,259,054 of executive compensation was disallowed. 8 POND & COMPANY NOTES TO THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS,AND GENERAL OVERHEAD JUNE 29, 2018 NOTE 4— RETIREMENT PLAN The Company has a 401(k) profit sharing plan, meeting the requirements of FAR §31.205-6(j), to which it made a contribution of$1,211,304 during the current year. NOTE 5—DEPRECIATION Certain assets are purchased and depreciated while others are leased and considered operating leases. The annual lease costs are inclu ed in the overhead pool. Depreciation is computed on the straight-line and accelerated ,based on the cost of the depreciable assets and their related recovery perio• depreciation included in the Overhead Statement agrees with the Compan Y 't 'al statements. It is allowable under FAR §31.205-11(e). NOTE 6—INTERCOMPANY TRANSACTIONS The Company shares office space and certain expenses (such as facility rent, office supplies, etc.) with a related company. Common costs are allocated to the related company based on total labor cost monthly and are excluded from the overhead costs in this Overhead Statement. NOTE 7—FACILITIES CAPITAL COST OF MONEY The cost of money rate is calculated in accordance with FAR §31.205-10, using average net book net values of equipment and facilities multiplied by the average treasury rate for the applicable period. Equipment and facilities include furniture and fixtures, equipment, software, and leasehold improvements. The calculation was made as follows: Average net book value of corporate assets $ 4,193,536 Average treasury rate 2.5% Computed facilities capital $ 104,838 Direct labor base $ 20,722,464 Cost of money rate 0.51% 9 POND & COMPANY NOTES TO THE STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD JUNE 29, 2018 NOTE 8—DIRECT EXPENSE RATE The Company's direct expense rate was based on the direct costs accumulated in the job cost records and recorded in the following accounts in the general ledger: Travel Meals Courier/reproduction/permits Equipment rental A Materials �r Insurance „ Miscellaneous t NOTE 9—SUBSEQUENT EVENTS Subsequent events have been evaluated for potential recognition and/or disclosure through October 11, 2018. This represents the date the Overhead Statement was available to be issued. Subsequent events after this date have not been evaluated. 10 SMITH & HOWARD C'eriifted Public.1 rernmluuis and:Id%ivers INDEPENDENT AUDTIORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS The Board of Directors Pond &Company ���� We have audited the Statement of Dire 1`rringe Benefits, and General Overhead (the "Statement") of Pond & Company (th ny") for the year ended June 29, 2018, and have issued our report thereon dated Oc •1 : 11, 2018. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General. Internal Control Over Financial Reporting In planning and performing our audit, we considered the Company's internal control over financial reporting as it relates to the Statement as a basis for designing our auditing procedures for the purpose of expressing an opinion on the Statement, but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the Company's internal control over financial reporting. The management of the Company is responsible for establishing and maintaining internal control over financial reporting. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control over financial reporting. The objectives of internal control over financial reporting are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with Part 31 of the Federal Acquisition Regulation ("FAR"). Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. For the purpose of this report, we have classified significant internal controls over financial reporting into two categories: cash disbursements and payroll. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect and correct misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the Company's ability to initiate, authorize, record, process, or report financial data reliably in accordance with Part 31 of the FAR such that there is more than a remote likelihood that misstatement of the Company's Statement that is more than inconsequential will not be prevented or detected by the Company's internal control. A material weakness is a deficiency, or combination of significant deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. Our consideration of internal control over financi reporting was for the limitedpuip ose described in the first paragraph of this section andj as not designed to identify all deficiencies in internal control over financial reporting that n3idt be deficiencies, significant deficiencies or material weaknesses. We did not identifysilny deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether the Company's Overhead Statement is free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, including provisions of the applicable sections of Part 31 of the FAR, noncompliance with which could have a direct and material effect on the determination of the amounts reported on the Overhead Statement. 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Zsaim3 S. 3 t a7�7c2w�v'_m3m � av a ro 3 a11N 2 3 % g'2i Im m -Oc , b•o7� a 5- 7 p3�}QQ9- a.{w�-- 0) a �N (p m Q(/�1/•(0."' »bQ f(p, m w C l m b'0 3 »2 N G C mO1 a. (On L� fD C m N No P. �?J j.3,- m 3 0 2 a m) co c3' rTI z 0)w J a5 a n cg $ a� $o a 3 $ m G E' O R G I A You Must Complete and Return with Your Submittal. Document Must Be Notarized Systematic Alien Verification for Entitlements(SAVE) Program Affidavit Verifying Status for Augusta, Georgia Benefit Application By executing this affidavit under oath, as an applicant for an Augusta, Georgia Business License or Occupation Tax Certificate,Alcohol License,Taxi Permit,Contract or other public benefit as reference in O.C.G.A.Section 50-36-1,I am stating the following with respect to my proposal for an Augusta,Georgia contract for 19-152 Engineering Services for Streambank Stabilization Design, Permitting and Construction [RR)Project Number and Project Name] Stephen M. Bailey, PWS [Print/Type:Name of natural person applying on behalf of individual,business,corporation,partnership,or other private entity] Pond [PrintType: Name of business,corporation,partnership,or other private entity] 1.) X I am a citizen of the United States. OR 2.) I am a legal permanent resident 18 years of age or older. OR 3.) I am an otherwise qualified alien (8 § USC 1641) or nonimmigrant under the Federal Immigration and Nationality Act(8 USC 1101 et seq.)18 years of age or older and lawfully present in the United States.* in making the above representation under oath, I understand that any person who knowingly and willfully makes a false,fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of Code Section 16-10-20 of the Offi ►al Code o Georgia. Signature o Applicant Stephen M. Bailey Printed Name *Alien Registration Number for Non-Citizens SUBSCRIBED AND SWO iEF RE ME ON THIS THE 1 DAY OF ' a r '0 I { `,�tturIitoo Notary Public 01,4";- �+% d'Or. My Commission Expires: 0Z 22( NOTARY SEPE 146e,..a. �► - 1(11 s,Qtlo Note: THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR SUBMITTAL ��d It ''r l01 REV.7/12/2015 1h,,�njjty, Ge� RFQ 19-152 Eng.Svcs.for Streambank Stabilization Design,Permitting ancrElibcltion Due:Thursday,February 21,2019 @ 11:00 a.m. Page 8 of 19 r 7:31-1;-: o R o -III G In accordance with the Laws of Georgia,the following affidavit is required by all vendors NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR I, Stephen Bailey,PWS that this bid or certify that is made without prior understanding, agreement or connection with any corporation,firm or person submitting a bid for the same work, labor or service to be done or the supplies, materials or equipment to be furnished and is In all respects fair and without collusion or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines,prison sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am authorized to sign this bid or proposal for the bidder. Affiant further states that pursuant to O.C.G.A.Section 36-91-21 (d)and(e), Pond&Company has not, by itself or with others, directly or indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever.Affiant further states that(s)he has not prevented or endeavored to prevent anyone from making a bid or offer on the project by any means whatever, nor has Affiant caused or Induced another to withdraw a bid or offer for the work. Affiant further states that the said offer of Services io bona fide, and that no one has gone to any supplier and attempted to get such person or company to furnish the materials to the bidder only, or if furnished to any other bidder,that the material shall be at a higher price. ..„14.2.4...i I. • / .14:9e1 Signature of Authorized Company Representati Progtan Manager Title Sporn to and subscribed before me this, d .ay of... ,r ,201_9 N. ft4Li _.---1..\‘._ ( rL(1,} Qt-- - Notary Public: April Noa (Print Name) oNr1 iiIte, %h% OA County: Gwinnett .•` coo-.•••••••• 0 4/5/2019 qAR!' •• .0 Commission Expires: _ NOTARY SEAL 1 Q I„ �7PUs oY ai l C22 •#.'rrri T CO0'0% orn Rev.7/22/2011 , Bid Item#15.152Engineraing Services for Streanbank Stabilization Design,Permkting aid Contrarian Page 3 of 3 0 )3:O 8 0 I A / STATE OF GEORGIA-COUNTY OF RICHMOND BIDIRFPIRFQ# 19.152 SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13- 10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services under a contract with Pond&Company_ on behalf of Augusta Richmond County Board of Commissioners has registered with and is participating in a federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99-603), in accordance with the applicability provisions and deadlines established in O. C. G.A 13-10-91. 175046 E-Verify*User Identification Number Pond&Company Co ppny ame A4'4'77- BY: Authorized Officer or Agent (Contractor Signature) Human Resources Manager Title of Authorized Officer or Agent of Contractor Georgia Law requires your company to have an E-Verify"User Identification Number on or after July Christopher Scott t 2009. Printed Name of Authorized Officer or Agent For additional information: State of Georgia httli://vvww.dol.state.Qa.us/Dclf/rules/300 10 1.pdf SUBSCRIBED AND SWORN BEFORE ME ON THIS THE https://e-verify.uscis.gov/enroll Z_ DAY OF �''t/�CL Ld-( ,20 it Kt(W of C ��` �N°A• �'' My C. lesion Expires: , : iQ�.•••• ... 4/5/2019 NOTARY SEAL '� •'�6' r. r •� : ac rtay.7/22/2011 y�~• t?. % nC0‘31.40 BU Item#19.152 Engineering Services for Streambank Stabilization Design,Permitting and construction Page 2 oto E-VeriFy Company ID Number. 175046 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security(DHS)and the Pond&Company(Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verlfy. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form I-9, Employment Eligibility Verification (Form 1-9).This Memorandum of Understanding (MOU)explains certain features of the E-Verify program and describes specific responsibilities of the Employer,the Social Security Administration(SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A,of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation(FAR)Subpart 22.18, "Employment Eligibility Verification"and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors(Federal contractor)to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives'contact Information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 08/01/13 E-VeriIyr: .. Company ID Number. 175048 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6.The Employer agrees to comply with current Form 1-9 procedures,with two exceptions: a. If an employee presents a"List B" identity document,the Employer agrees to only accept"List B"documents that contain a photo.(List B documents identified in 8 C.F.R. §274a.2(b)(1)(B))can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons,the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document),or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9.The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph,employees still retain the right to present any List A, or List B and List C,document(s)to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify,the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees,or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274E of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti-discrimination provision of the INA:(1)List B identity documents must have photos,as described in paragraph 6 above;(2)When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A)of the Immigration and Nationality Act(INA)with respect to the hiring of that employee; (3)If the Employer receives a final nonconfirmation for an employee,but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between$550 and$1,100 for each failure to notify DHS of continued employment following a final nonconfirmation;(4)If the Employer continues to employ an employee after receiving a final nonconfirmation,then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 08/01/13 E-VerifyFra �,•..F Company ID Number: 115048 employed an unauthorized alien in violation of section 274A(a)(1)(A); and(5)no E-Verify participant Is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits,to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired(after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11.The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article II.B of this MOU. 12. The Employer agrees to follow appropriate procedures(see Article III below)regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees If they choose to contest the finding,while their case is still pending. Further,when employees contest a tentative nonconfirmation based upon a photo mismatch,the Employer must take additional steps (see Article III.B. below)to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or OHS is processing the verification request unless the Employer obtains knowledge(as defined in 8 C.F.R. §274a.1(I))that the employee Is not work authorized.The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case),or the finding of a photo mismatch,does not establish, and should not be interpreted as,evidence that the employee Is not work authorized. In any of such cases,the employee must be provided a full and fair opportunity to contest the finding,and if he or she does so,the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 wF !-VeriIy . t �$ Company ID Number. 175046 (including denying, reducing,or extending work hours,delaying or preventing training, requiring an employee to work in poorer conditions,withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued,then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service)or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA as applicable by not discriminating unlawfully against any individual in hiring,firing, employment eligibility verification,or recruitment or referral practices because of his or her national origin or citizenship status,or by committing discriminatory documentary practices.The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided In part D below,or discharging or refusing to hire employees because they appear or sound "foreign"or have received tentative nonconfirmations.The Employer further understands that any violation of the immigration-related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards,and other sanctions,and violations of Title VII could subject the Employer to bad(pay awards,compensatory and punitive damages. Violations of either section 274B of the INA or Title VII may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti-discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515(TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU.The Employer agrees that it will safeguard this information,and means of access to it(such as PINS and passwords),to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU,except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-Verify(cfidhs.Qov. Please use Privacy Incident—Password"in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act(5 U.S.C. §552a(i)(1)and(3))and the Social Security Act(42 U.S.C. 1306(a)).Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify,which includes permitting DHS, SSA,their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-VeriIy Company ID Number. 175046 reasonable notice,to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E Verify,and to respond in a prompt and accurate manner to DHS requests for information relating to their participation In E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website,in advertising materials,or other media. The Employer shall not describe its services as federally-approved,federally-certified,or federally-recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 LWeb))and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verlfy procedures for any purpose other than as authorized by this MOU,the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined In this MOU,the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any''employee assigned to the contract"(as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer,the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract.Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date.Once enrolled in E-Verify as a Federal contractor,the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract,whichever date is later. Page 5 of 17 E Verify MOU for Employers I Revision Date 08/01/13 E-VeriFy ygr Company ID Number: 175046 b. Employers enrolled in E Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States,whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award,the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States,whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire.An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract,whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however,elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract,whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment,Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete(including the SSN)and complies with Article IIA.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed(including,but not limited to, a lawful permanent resident alien having become a naturalized U.S.citizen). f. The Employer shall complete a new Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E Verify MOU for Employers I Revision Date 06/01/13 E-VeriFy Company ID Number: 175046 Article II.C.5,but reflects documentation(such as a U.S. passport or Form 1-551)that expired after completing Form 1-9, the Employer shall not require the production of additional documentation,or use the photo screening tool described in Article 11.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law,to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act(5 U.S.C. §552a), the Social Security Act(42 U.S.C. 1306(a)), and SSA regulations(20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the Initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate,within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final • nonconfirmation to the employer. Note: If an Employer experiences technical problems,or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verily , Company ID Number: 175046 b. Photo verification checks(when available)on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names,titles, addresses,and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies,procedures,and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice,which indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti-discrimination notices issued by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (USC), CMI Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides,and to limit access to such information to individuals responsible for the verification process,for evaluation of E-Verify,or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility,to enforce the INA and Federal criminal laws,and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides(in conjunction with SSA verification procedures)confirmation or tentative nonconfirmation of employees'employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification(including updating DHS records)for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations.This provides final confirmation or nonconfirmation of the employees'employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA,the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 08101/13 p` �r E-Verify Company ID Number. 175048 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding,and not take adverse action against employees if they choose to contest the finding,while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation,the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests,to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database(the Numident)or other written verification of the SSN from the SSA. B.REFERRAL TO OHS 1. If the Employer receives a tentative nonconfirmation issued by DHS,the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding,while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Pape 9 of 17 E Verlfy MOU for Employers I Revision Date 06/01/13 E-Verily Company ID Number. 175046 employee to contact DHS through its toll-free hotline(as found on the referral letter)within eight Federal Government work days. 5. If the Employer finds a photo mismatch,the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations,generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch,the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document,or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch,the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results,the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 08/01/13 E-VeriFy Company ID Number: 175046 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU,and thereby the Employer's participation in E-Verify,with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer,or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements.The Employer understands that if it is a Federal contractor,termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that If it is in a state where E-Verify is mandatory,termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases,the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice,then that Employer will remain an E-Verify participant,will remain bound by the terms of this MOU that apply to non-Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4.The Employer agrees that E-Verify is not liable for any losses,financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended,or should be construed,to create any right or benefit,substantive or procedural,enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, Its agents,officers,or employees. C.The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of Its rights or obligations under this MOU without the prior written consent of DHS,which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights,duties, or obligations herein is void. D.Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU,whether civil or criminal, and for any liability wherefrom, including(but not limited to)any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d)of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is notconfidential information and may be disclosed as authorized or required by law and DHS or SSA policy, induding but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verily Company ID Number: 175046 Congressional oversight, E-Verify publicity and media inquiries,determinations of compliance with Federal contractual requirements,and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively.The Employer understands that any inaccurate statement,representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees,or its representatives to:(1)prosecution for false statements pursuant to 18 U.S.C. 1.001 and/or; (2)immediate termination of its MOU and/or; (3) possible debarment or suspension. G.The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant,you should only sign the Employer's Section of the signature page.If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verlfy MOU for Employers I Revision Date 06/01/13 -Vern ifi Company ID Number: 175046 Approved by: Employer Pond&Company Name (Please Type or Print) Title Pam C Gower Signature Date Electronically Signed 12/31/2008 Department of Homeland Security—Verification Division Name(Please Type or Print) Title USCIS Verification Division _w�m, Signature Date Electronically Signed 12/31/2008 Page 13 of 17 E Verify MOU for Employers I Revision Date 06101/13 Vernr vr,•�y Yrr4snt Company ID Number: 175046 Information Required for the E Verify Program Information relating to your Company: Pond&Company Company Name 3500 Parkway Lane Suite 500 Company Facility Address Peachtree Corners,GA 30092 Company Alternate Address County or Parish GWINNETT Employer Identification Number 581639128 North American Industry 541 Classification Systems Code Pond&Company Parent Company Number of Employees 100 to 499 Number of Sites Verified for 18 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Veril Company ID Number: 175046 Are you verifying for more than 1 site?If yes, please provide the number of sites verified for in each State: ALABAMA 2 site(s) ARIZONA 1 site(s) COLORADO 1 site(s) FLORIDA 3 site(s) GEORGIA 2 site(s) ILLINOIS 1 sites) LOUISIANA 1 site(s) SOUTH CAROUNA 2 sites) TEXAS 4 sites) VIRGINIA 1 sites) Page 15 of 17 E-Verify MOO for Employers Revision Date 06/01/13 E-Verily Company ID Number: 175046 Information relating to the Program Administrators)for your Company on policy questions or operational problems: Name Pam C Gower Phone Number (678)336-7740 Fax Number (678)336-7744 Email Address gowelp@pondco.com Name Christopher A Scott Phone Number (678)336-7740 Fax Number (678)336-7744 Email Address ScottC@Pondco.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 E-Verily4q. A ' ` �,, Company ID Number: 175046 Page intentionally left blank Page 17 of 17 E-Verify MOU for Employers I Revision Date 06)1/13 1 AUGUSTA, GA ENGINEERING DEPARTMENT GENERAL CONDITIONS STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT GENERAL CONDITIONS ACCURACY OF WORK The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. At any time during the construction of the improvement provided for by the plans or during any phase of work performed by others based on data secured by the CONSULTANT under the Agreement, the CONSULTANT shall confer with the CITY for the purpose of interpreting the information obtained and to correct any errors or omissions made by it. The CONSULTANT shall prepare any plans or data required by the CITY to correct its errors or omissions. The above consultation, clarification, or correction shall be made without added compensation to the CONSULTANT. The CONSULTANT shall give immediate attention to these changes so there will be a minimum of delay to others. ASSIGNABILITY The CONSULTANT shall not assign or transfer whether by an assignment or novation, any of its rights, obligations, benefits, liabilities or other interest under this Agreement without the written consent of the CITY. AUDITS AND INSPECTORS At any time during normal business hours and as often as the CITY may deem necessary, the CONSULTANT shall make available to the CITY and/or audit representatives of the CITY for examination all of its records with respect to all matters covered by this Agreement. It shall also permit the CITY and/or representative of the audit, examine and make copies, excerpts or transcripts from such records of personnel, conditions employment and other data relating to all matters covered by this Agreement. The CONSULTANT shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred on the Project and used in support of its proposal and shall make such material available at all reasonable time during the period of the Agreement, and for three years from the date of final payment under the Agreement, for inspection by the CITY or any reviewing agencies, and copies thereof shall be furnished upon request at cost plus 10%. The CONSULTANT agrees that the provisions of this Article shall be included in any Agreements it may make with any subcontractor, assignee, or transferee. GC-1 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT COMPENSATION The CITY shall compensate the CONSULTANT for services which have been authorized by the CITY under the terms of this Agreement. The CONSULTANT may submit to the CITY a monthly invoice, in a form acceptable to the CITY and accompanied by all support documentation requested by the CITY, for payment for the services which were completed during the billing period. The CITY shall review said invoices for approval. The CITY shall have the right to reject payment of any invoice or part thereof if not properly supported, or if the costs requested or a part thereof, as determined solely by the CITY, are unreasonably in excess of the actual stage of completion of each phase. The CITY shall pay each such invoice or portion thereof as approved, provided that the approval or payment of any such invoice shall not be considered to be evidence of performance by the CONSULTANT to the point indicated by such invoice, or of receipt of acceptance by the CITY of the services covered by such invoice. The CITY shall pay any undisputed items contained in such invoices. Each invoice shall be accompanied by a letter progress report describing the total work accomplished for each phase and any problems which have been encountered which may inhibit execution of the work. The CONSULTANT shall also submit an accurate updated schedule, and an itemized description of the percentage of total work completed for each phase during the billing period. Compensation for design services for the Augusta Engineering Department shall be a lump sum for each phase or item of work authorized by the CITY. The CONSULTANT shall invoice based on the percentage of the work completed during the billing period. Upon completion by the CONSULTANT of each phase of the work and approval thereof by the CITY, the CITY will pay the CONSULTANT a sum equal to one hundred percent (100%) of the compensation set forth herein, less the total of all previous partial payments, paid or in the process of payment except as otherwise stated below for Water and Sewer design services. CONFIDENTIALITY The CONSULTANT agrees that its conclusions and any reports are for the confidential information of the CITY and that it will not disclose its conclusions in whole or in part to any person whatsoever, other than to submit its written documentation to the CITY, and will only discuss the same with it or its authorized representatives. Upon completion of this agreement term, all documents, reports, maps, data and studies prepared by the CONSULTANT pursuant thereto shall become the property of the CITY and be delivered to the Director of Engineering. GC-2 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT Articles, papers, bulletins, reports, or other materials reporting the plans, progress, analyses, or results and findings of the work conducted under this agreement shall not be presented publicly or published without prior written approval in writing by the CITY. It is further agreed that if any information concerning the project, its conduct, results, or data gathered or processed should be released by the CONSULTANT without prior approval from the CITY, the release of same shall constitute grounds for termination of this agreement without indemnity to the CONSULTANT, but should any such information be released by the CITY or by the CONSULTANT with such prior written approval, the same shall be regarded as public information and no longer subject to the restrictions of this agreement. PROJECT MANAGER The Assistant Director Engineering or his duly appointed representative(s) shall act as the Liaison Engineer between the CONSULTANT and the CITY and all utilities, and authorities or governments whose properties will be affected. The CONSULTANT shall arrange for conferences, for exchanges of data and information, and for necessary approvals. All correspondence, data, information, and reports shall be directed to the Project Manager to provide for proper distribution to the parties concerned. All conferences, including telephone conversations and decisions, shall be reduced to writing by the CONSULTANT and at least two (2) copies shall be forwarded to the Project Manager within seven (7) calendar days of the event. The CONSULTANT shall meet with the CITY for review of the work or submit in writing a project status update on a monthly basis or as determined by the CITY. The Project Manager will expedite any necessary decisions affecting the performance of the CONSULTANT's Agreement, but the CONSULTANT shall not make use of the Project Manager's services on trivial or minor matters normally to be decided by the CONSULTANT. If the project includes work for Augusta Utilities, an AU Liaison Engineer will act in the same capacity as the AED Project Manager does for the roadway design work. Both the AU Liaison Engineer and the AED Project Manager shall be copied on all correspondence including documented phone conversations and minutes of meetings. The CONSULTANT shall coordinate directly with the AU Liaison Engineer on matters directly related to water and sewer work. GC-3 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with the Georgia Department of Transportation, Federal Highway Administration, CONSULTANT's on adjacent projects, CONSULTANT's for final bridge plans, municipalities and local government officials, utility companies, railroads, and others, as may be directed by the CITY. Such cooperation shall include attendance at meetings, discussions, and hearings, as may be requested by the CITY, furnishing plans and other data produced in the course of work on the Project, as may be requested from time to time by the CITY to effect such cooperation and compliance with all directives issued by the CITY in accordance with this agreement. It is understood and agreed that the Georgia Department of Transportation and Federal Highway Administration may have access to the work and be furnished information as directed by the CITY. CONTRACT DISPUTES This Agreement shall be deemed to have been executed in Augusta, Georgia, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. All claims, disputes and other matters in question between the Owner and the CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to venue in Augusta and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. CONTRACT TERMINATION Pursuant to O.C.G.A. 36-60-13, this Agreement shall terminate absolutely and without further obligation on the part of the CITY at the close of the calendar year in which this Agreement is executed and at the close of each succeeding calendar year for which the agreement may be renewed by the parties hereto. This Agreement shall nevertheless automatically be renewed unless the CITY provides written notice to the CONSULTANT of its intention to terminate the Agreement at least thirty days prior to the close of the calendar year for which the Agreement is presently effective between the parties and/or has been renewed by the CITY. This Agreement shall obligate the CITY solely for those sums payable during the initial term of execution or in the event of renewal by the CITY for those sums payable in such individual renewal terms. GC-4 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT Notwithstanding the foregoing language, the CONSULTANT agrees to continuously render the professional services specified by the Agreement to the CITY for such terms or renewal terms as are effective pursuant to this Agreement and for which the CITY agrees to pay in accordance with the terms of the Agreement or any future amendments thereto. The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The CONSULTANT shall be paid for any validated services under this Contract up to the time of termination. COORDINATION WITH THE NATIONAL GEODETIC SURVEY If a National Geodetic Survey control point is found during the surveying phase, it is to be identified and brought to the attention of the Project Manager. If it is to be affected based on the proposed design, at the direction of the Project Manager, the CONSULTANT shall contact the National Geodetic Survey (NGS) advisor at the Georgia Department of Community Affairs (DCA) and request data on geodetic control points during the preliminary evaluation phase of project design. (Address: NGS c/o DCA, 1200 Equitable Building; Atlanta, Georgia 30303. Telephone: 404-656-5527, FAX: 404-656-9792. CONSULTANT shall provide the NGS Advisor with a clear copy of the pertinent USGS 7.5' Quad sheet(s) showing the project location. Preliminary information, even in rough outline, is sufficient to allow the advisor to determine impact of the proposed project on NGS and USGS control points. Continued coordination with the advisor to relocate and/or preserve affected control points will be maintained throughout the project life. This coordination shall be implemented as soon as possible after receipt of Notice to Proceed by the CITY. COORDINATION WITH UTILITIES Where privately, publicly or cooperatively owned utility companies will require rearrangements in connection with the proposed construction, the CONSULTANT shall furnish prints or reproducible for the utility owners as directed by the CITY and check the utilities' submitted plans for avoidance of conflicts with the road construction details or with the facilities of other utilities. This may require numerous submittals to the utility companies. The CONSULTANT shall also submit a final set of construction plans to all utilities. The CONSULTANT shall make no commitments with the utilities which are binding upon the CITY. If the project includes work for the Augusta Utilities (AUD), the CONSULTANT shall research all Augusta Utilities records and act on behalf of the AUD to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the road construction details or with the existing or proposed facilities of other utilities. COVENANT AGAINST CONTINGENT FEES GC-5 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT The CONSULTANT shall comply with the relevant requirements of all Federal, State, County, or local laws. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, 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 CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability, or, at its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. DELIVERY OF NOTICES All written notices, demands, and other papers or documents to be delivered to the CITY under this Agreement shall be delivered to the CITY's Engineering Department office, 452 Walker Street, Suite 110, Augusta, Georgia 30901, Attention: Assistant Director Engineering, or at such other place or places as may be subsequently designated by written notice to the CONSULTANT. All written notices, demands, and other papers or documents to be delivered to the CONSULTANT under this Agreement shall be directed to or at such a place or places subsequently to be designated in writing by the CONSULTANT to the CITY. DRUG FREE WORK PLACE CONSULTANT shall be responsible for insuring that its employees shall not be involved in any manner with the unlawful manufacture, distribution, dispensation, possession, sale or use of a controlled substance in the workplace. For purposes of the policy, "workplace" is defined as CITY owned or leased property, vehicles, and project or client site. Any violation of the prohibitions may result indiscipline and/or immediate discharge. CONSULTANT shall notify the appropriate federal agencies of an employee who has a criminal drug statue conviction for workplace violations. CONSULTANT may require drug or alcohol testing of employees when contractually or legally obligated, or when good business practices would dictate. GC-6 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT EMPLOYMENT OF COUNTY'S PERSONNEL The CITY has incurred considerable expense for advertising, recruiting, evaluating, training and retaining its employees. As such, CONSULTANT hereby agrees that it will not directly or indirectly, solicit or hire any employee of the CITY, or induce any employee to terminate his employment with the CITY during the terms of this agreement, nor for a period of one year following the end of said term. CONSULTANT may not hire, employ, or allow a CITY employee to provide services without the prior consent of the CITY, except as provided herein. INSURANCE The Consultant shall, all time that this agreement is in effect, cause to be maintained in force and effect an insurance policy(s) that ensure and indemnify the City against liability or financial loss resulting from injuries occurring to persons or property or occurring as a result of any negligent error, etc., or omission of the Consultant in performance of the work during the term of this Agreement. The Consultant shall provide, at all times that this agreement is in effect, Worker's Compensation insurance in accordance with the laws of the State of Georgia. The Consultant shall provide, all times that this Agreement is in effect, Insurance with limits of not less than: A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia B. Public Liability Insurance in an amount of not less than One Million ($1,000,000.00) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than One Million ($1,000,000.00) Dollars on account of any one occurrence. C. Property Damage Insurance in an amount of not less than One Million ($1,000,000.00) Dollars from damages on account of any occurrence, with an aggregate limit of One Million ($1,000,000.00) Dollars. D. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings,field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance in an amount of not less than One Million ($1,000,000) Dollars or an amount that correlates to the aggregate fee on the project should it exceed $1,000,000. GC-7 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT City will be named as an additional insured with respect to Consultant's liabilities hereunder in insurance coverage's identified in item (b) and (c). The policies shall be written by a responsible company(s), to be approved by the City, and shall be non- cancellable except on thirty(30) days' written notice to the City. Such policy shall name the City as co-insured, except for worker's compensation and professional liability policies, and a copy of such policy or a certificate of insurance shall be filled with the City at the time of the execution of this agreement. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this agreement, none of whom shall be employees of, or have any contractual relationship with, the CITY. Primary liaison with the CITY will be through its designee. If the project includes AU work, the CONSULTANT shall identify, in writing, a water/sewer project manager responsible for direction and coordination of this portion of the project. All of the services required hereunder will be performed by the CONSULTANT under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services. All professional personnel, including subcontractors, engaged in performing services for the CONSULTANT under this agreement shall be indicated in a personnel listing attached hereto as Exhibit "A" and incorporated herein by reference. No changes or substitutions shall be permitted in the CONSULTANT'S key personnel as set forth herein without the prior written approval of the Director or his designee. The CONSULTANT shall employ in responsible charge of supervision and design of the work only persons duly registered in the appropriate category; and further shall employ only qualified surveyors in responsible charge of any survey work. The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this agreement. GC-8 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING &CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its employees, subcontractors, and shall hold harmless the CITY, its officers, agents, and employees from all suits, claims, actions, or damages of any nature whatsoever to the extent found to be arising out of CONSULTANT, its subcontractors, or its agents in the negligent performance or non-performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. REVIEW OF WORK Authorized representatives of the CITY may, at all reasonable times, review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the CONSULTANT, shall be available to authorized representatives of the CITY for inspection and review at all reasonable times in the main offices of the CITY. Acceptance shall not relieve the CONSULTANT of its professional obligation to correct, at its expense, any of its errors in work. The Engineering Department may request at any time and the CONSULTANT shall produce progress prints or copies of any work as performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and/or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in this regard. The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT. RIGHT TO ENTER The CONSULTANT shall notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing surveys or other field investigations in accordance with the practices of the CITY. The CONSULTANT shall discuss with and receive approval from the Augusta Engineering Department prior to sending said notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the CONSULTANT as being in the employ of the CITY for the purpose described in the Agreement. If the property owner or occupant denies the CONSULTANT permission to enter, such incident will be reported to the CITY and the CITY will initiate such action as is dictated by current policy and procedure. GC-9 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT SUBCONTRACTING The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the subcontractor.The CITY will not approve any subcontractor for work covered by this Agreement that has not been recommended for approval the Project Manager. All subcontracts in the amount $5,000 or more shall include, where possible, the provisions set forth in this Agreement. SUPERVISION AND CONTROL The CONSULTANT shall perform the services required to accomplish the work plan as stated above under such control and supervision by the CITY, as the CITY may deem appropriate. GC-10 AED—Consultant Engineering Services Agreement AUGUSTA, GA ENGINEERING DEPARTMENT ADDITIONAL PROVISIONS STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT Additional Provisions SUSPENSION OF THE WORK. TERMINATION AND DELAY: To the extent that it does not alter the scope of this agreement,Augusta, GA reserves the right of unilaterally ordering,without any cause, a temporary stopping of the work, or delay of the work to be performed by the Consultant under this agreement. Augusta, GA will not be held liable for compensation to the Consultant for an extension of contract time or increase in contract price,or both,directly attributable to this action of Augusta,GA. HOLD HARMLESS: Except as otherwise provided in this agreement, the consultant shall indemnify and hold harmless Augusta, GA, and its employees and agents from and against all liabilities, claims, suits, demands, damages, losses, and expenses, including attorneys' fees, to the extent caused by negligent acts,errors or omissions of the Consultant in the performance of its work. CONTINGENT FEES: The consultant is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any legislative action on the part of the Augusta, Georgia Commission the consultant shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the Augusta,Georgia Commission. GEORGIA PROMPT PAY ACT: Not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. CONTRACTUAL OBLIGATIONS: The consultant acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, the consultant is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of the consultant provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment,modification, change order or other similar document, including the possibility that the consultant may be precluded from recovering payment for such unauthorized goods or services.Accordingly,the consultant agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received proper legislative authorization or if the contractor provides goods or services to Augusta, Georgia in excess of the any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unauthorized goods or services provided by the consultant. The consultant assumes all risk of non-payment for the provision of any unauthorized goods or services to Augusta, Georgia, and waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. AP1 LOCAL SMALL BUSINESS: In accordance with Chapter 10B of the AUGUSTA,GA.CODE,the consultant expressly agrees to collect and maintain all records necessary to for Augusta, Georgia to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with AUGUSTA GA CODE § 1-I0-129(d) (7), for all contracts where a local small business goal has been established, the consultant is required to provide local small business utilization reports. Contractor shall report to Augusta, Georgia the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Such documents shall be in the format specified by the Director of Minority and Small Business Opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to,withholding payment from the consultant. AP2 AUGUSTA, GA ENGINEERING DEPARTMENT ATTACHMENT A STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT ATTACHMENT A Design&Document Development The following publication shall be used as the basis for the engineering design and professional services contained herein; Georgia Department of Transportation Standard Manuals and Specifications for the Construction of Road and Bridges, current editions, and supplements thereto; American Association of State Highway and Transportation Officials (AASHTO) Manuals for Arterial Streets, Rural, Urban, and Interstate Highways, Manual on Uniform Traffic Control Design (MUTCD), Augusta Development Documents, the Augusta Utilities Design Standards and Construction Specifications, State and Federal guidance documents, Industry current standards for similar services. The Consultant shall gather from the City all available data and information pertinent to the performance of the services for the Project. The City shall have the final decision as to what data and information is pertinent. The Consultant shall ensure that the data and information meet applicable standards as specified herein. The Consultant shall report in writing any discovery of errors or omissions contained in the data and information furnished by the City. The Consultant shall visit and become familiar with project area and shall become acquainted with local conditions involved in carrying out this agreement. The Consultant may request that a representative of the City be present during the site visit. The Consultant shall recommend and secure the City's written approval of, the manner of project plans and documents preparation and presentation and the methods to be used in the plans/documents preparation so that these plans/documents can be utilized as determined by the Consultant and approved by the City, in the orderly preparation of the detailed construction contract plans, specifications, and contracts. Upon receipt of the City's written approval of the manner of the project plans and documents preparation & presentation,The Consultant shall proceed with implementation of plans/documents preparation. Attach A I1 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT Deliverable The tracings, data and all other documents prepared under this agreement shall then be submitted to the AED, AED or AUD, whose property they shall remain, without limitation as to their future use. All tracing cloth, Mylar paper, and other materials required for the preparation of the plans, supplemental specifications,special provisions and computation shall be furnished by the Consultant. The Consultant shall submit to the AED, editable electronic copy of all computer files (ACAD, Microsoft version, or other software used in creating data, data file,technical documents,etc.) depicting graphics, database, documentation, details and design for the implementation of stormwater utility, drainage improvements,and road design data, created as a result of this agreement. The Consultant shall include appropriate level schedules, documentation, and assistance to the AED to read, interpret, and effectively utilize the computer files. The Consultant may be required to provide project drawings and files at any time as requested by the AED. The drawings and files (hard or electronic) requested by the AED shall be within the Scope of Work as defined herein. Graphics files shall be provided in AutoCAD, DXF, or Intergraph (IGDS) format. If the project includes AUD work, the Consultant shall provide drawings in accordance with the utilities chapter of Plan Preparation Guidelines. The Consultant shall not be responsible for claims resulting from the misuse of the design documents, nor for their use on project other than that for which they were prepared. Attach A 12 AED—Consultant Engineering Services Agreement AUGUSTA, GA ENGINEERING DEPARTMENT ATTACHMENT D STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT ATTACHMENT D LUMP SUM WORK AUTHORIZATION NUMBER In accordance with the Agreement for Consulting and Professional Services between [Client's Legal Name) ("Client"), and [insert full legal name of Consultant's entity that will sign/has signed the CSA) a [state of incorporation) corporation, dated [insert effective date of Agreement not this Work Authorization), this Work Authorization describes the Services, Schedule, and Payment Conditions for Services to be provided by (insert full name of proper Consultant entity performing the services)("Consultant") on the Project known as: Client Authorized Representative Address: Telephone No.: Consultant Authorized Representative Address: Telephone No.: SERVICES.The Services shall be described in attachment to this Work Authorization. (Be sure attachment identifies proper consultant entity to perform the services). Attach D 11 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT SCHEDULE. The estimated schedule shall be set forth in attachment to this Work Authorization. Because of the uncertainties inherent in the services, schedules are estimated and are subject to revision unless otherwise specifically described herein. PAYMENT AND EQUITABLE ADJUSTMENTS. This is a lump sum Work Authorization. Consultant's lump sum compensation and provisions for progress and final payments are specified in attachment to this Work Authorization. Payment of is due upon signature of this Work Authorization and will be applied against the final invoice for this Work Authorization. Consultant shall give Client prompt written notice of unanticipated conditions or conditions which are materially different from those anticipated by consultant at the time the lump sum compensation was agreed upon. If client wishes consultant to proceed, consultant's lump sum compensation shall be subject to equitable adjustment for such conditions. TERMS AND CONDITIONS. The terms and conditions of the Agreement referenced above shall apply to this Work Authorization, except as expressly modified herein. ACCEPTANCE of the terms of this Work Authorization is acknowledged by the following signatures of the Authorized Representatives. CLIENT CONSULTANT Signature Signature Typed Name/Title Typed Name/Title Date of Signature Date of Signature Attach D 12 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT TIME AND MATERIALS WORK AUTHORIZATION NO: In accordance with the Agreement for Consulting and Professional Services between [Client's Legal Name! ("Client"), and [insert full legal name of Consultant's entity that will sign/has signed the CSA1, a Estate of incorporation) corporation, dated [insert effective date of Agreement, not this Work Authorization], this Work Authorization describes the services, schedule, and payment conditions for services to be provided by [insert full name of proper Consultant entity performing the services) ("Consultant") on the Project known as: Client Authorized Representative Address: Telephone No.: Consultant Authorized Representative Address: Telephone No.: SERVICES.The Services shall be described in Attachment_to this Work Authorization. [Be sure attachment identifies proper Consultant entity to perform the services]. SCHEDULE. The Estimated Schedule shall be set forth in Attachment to this Work Authorization. Because of the uncertainties inherent in the services, schedules are estimated and are subject to revision unless otherwise specifically described herein. Attach D 13 AED—Consultant Engineering Services Agreement STREAMBANK STABILIZATION DESIGN, PERMITTING & CONSTRUCTION AREA-WIDE WATERSHED MANAGEMENT PROJECT PAYMENT. Payment of is due upon signature of this Work Authorization and will be applied against the final invoice for this Work Authorization. Consultant charges shall be on a "time and materials" basis and shall be in accordance with Consultant's Schedule of Fees and Charges in effect at the time the Services are performed. Payment provisions and the Consultant's current Schedule of Fees and Charges are attached to this Work Authorization as Attachment TERMS AND CONDITIONS. The terms and conditions of the Agreement referenced above shall apply to this Work Authorization, except as expressly modified herein. ACCEPTANCE of the terms of this Work Authorization is acknowledged by the following signatures of the Authorized Representatives: CLIENT CONSULTANT Signature Signature Typed Name/Title Typed Name/Title Date of Signature Date of Signature Attach D 14 AED—Consultant Engineering Services Agreement