HomeMy WebLinkAboutRC Quinn Consulting, Inc.
Augusta Richmond GA
DOCUMENT NAME: \2.c.J~.U-L\)\\ Cc:f;)SJlJb'31 \ "C.
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YEAR: C) ~
BOX NUMBER: \ q
FILE NUMBER: \lJt l~C()
NUMBER OF PAGES: \cO
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STATE OF GEORGIA
RICHMOND COUNTY
AGREEMENT
This agreement is hereby established jointly between the Augusta, Georgia, a political
subdivision of the State of Georgia, by and through the Augusta Commission, (hereinafter
referred to as AUGUSTA), whose address is 530 Greene Street, Augusta, Georgia 30911, and
RCQuinn Consulting, Inc. (hereinafter referred to as: CONTRACTOR), whose address is 153
Prince George Street #2, Annapolis, Maryland, 21401-1721.
WITNESSETH
WHEREAS, AUGUSTA has duly applied for and been awarded a Federal grant to
complete a Flood Hazard Mitigation Plan for Augusta, Georgia, (project number FMA-PL-
04GA-2000001) and;
WHEREAS, AUGUST A is able to contract with an organization or individual capable of
providing services to complete the Flood Hazard Mitigation Plan, and;
WHEREAS, CONTRACTOR is able and willing to perform the professional services
more particularly described herein.
NOW THEREFORE, in consideration of the following mutual promises, covenants, and
conditions, Augusta and Contractor agree as follows:
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A. OBLIGATIONS OF CONTRACTOR
1. CONTRACTOR shall perform the work and services as herein provided, and as more
fully described in Exhibit "A", "AUGUSTAfRICHMOND COUNTY, GA Flood
Mitigation Plan: Preliminary Work Plan (draft 2/25/2003)", which is attached hereto and
incorporated by reference. The "AUGUSTAfRICHMOND COUNTY, GA Flood
Mitigation Plan: Preliminary Work Plan" is taken from the proposal submitted by the
CONTRACTOR, dated February 25,2003.
2. CONTRACTOR acknowledges that the Flood Hazard Mitigation Plan, in draft form,
must be submitted by August 29, 2003, and must be sufficient for submission, as
"information only", to the Augusta Commission's Engineering Services Committee at
their first meeting in September (on or about September 8, 2003). The Flood Hazard
Mitigation Plan, in draft form, will be presented as "information only" to the Augusta
Commission at their second meeting in September (on or about September 16, 2003).
The Flood Hazard Mitigation Plan must be ready for submission to the Georgia
Emergency Management Agency and the Federal Emergency Management Agency, in
final form, by September 26,2003. The CONTRACTOR specifically agrees to make any
and all modifications to the Flood Hazard Mitigation Plan that may be required by
GEMA and FEMA after September 26,2003, within the timeframe specified by GEMA
or FEMA for the revisions, and without further c~arge to,Al{~USTA.
3. CONTRACTOR shall submit invoices to AUGUSTA. Such invoices shall include a
progress report showing percent of work complete and shall include copies of completed
work where applicable. Payment requests shall not exceed the percentage of work
complete. CONTRACTOR shall submit the final invoice to AUGUSTA at the time of I
delivery of the draft Flood Hazard Mitigation Plan, but no later than August 29, 2003.
4. It is agreed that neither the CONTRACTOR nor anyone acting for the CONTRACTOR
shall at any time impose any obligation, debt or burden of any kind or nature in the name
of or charged to Augusta, Georgia or any department or division thereof.
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5. It is agreed that for the purpose of this agreement CONTRACTOR shall be deemed to be
an .independent contractor and shall be responsible for the payment of all employees'
salaries, and for all other expenses incurred in connection with the performance of the
duties and responsibilities established hereunder, except as otherwise provided.
6. CONTRACTOR covenants that CONTRACTOR presently has no interest and shall not
acquire any interest, direct or indirect, which would conflict in any manner or degree with
the performance required under this agreement. CONTRACTOR further covenants that
in the performance of this agreement, no person having any such interest shall be
employed or contracted with.
7. CONTRACTOR acknowledges that all records relating to this Agreement and the services
to be provided under the contract may be a public record subject to Georgia's Open
Records Act (O.C.G.A S 50-18-70, et seq.). CONTRACTOR shall cooperate fully in
responding to such request and making all records, not exempt, available for inspection
and copying as provided by law.
8. CONTRACTOR, by executing this contract, certifies that neither it, nor its principals, are
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily exc1udedfrom participation in this transaction by any Federal department or
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agency.
9. CONTRACTOR, by executing this Contract, certifies that:
a. No federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or :
employee of any agency, A Member of Congress, an officer or employee of .
Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and the extension,
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continuation, renewal, amendment, or modification of any federal contract, grant,
loan, or cooperative agreement.
b. If any funds other than federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
B, OBLIGATIONS OF AUGUSTA, GEORGIA
1. AUGUSTA shall pay CONTRACTOR a fee of twenty-seven thousand seven hundred fifty
dollars ($27,750.00). Within thirty (30) days of approval of the invoices by the Augusta-
Richmond County Emergency Management Agency and the Augusta-Richmond County
Planning Commission, AUGUSTA will pay CONTRACTOR.
2. AUGUSTA, and the appropriate office representing AUGUST A, will also furnish, without
charge to the CONTRACTOR, information and support services (including GIS services) as
mutually agreed upon.
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3. AUGUSTA, and the appropriate offices representing AUGUSTA, shall participate in and
contribute to the planning process. Those offices expressly acknowledge that the timeliness
of their responses and reviews has a direct bearing on the successful scheduling of the work
and development of the deliverables.
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C. MUTUAL AGREEMENTS
I. The terms of this AGREEMENT is from the day and year below written through August 29,
2003, or approval of the Flood Hazard Mitigation Plan by GEMA and FEMA, whichever
date is later, unless terminated earlier pursuant to the provisions of paragraph (C)(2) or unless
AUGUSTA's grant from the Georgia Emergency Management Agency is extended. In the
event of an extension, this AGREEMENT is extended for the same term, unless otherwise
agreed by the parties. The CONTRACTOR specifically agrees to make any and all
modifications to the Flood Hazard Mitigation Plan that may be required by GEMA and
FEMA after August 29, 2003, within the timeframe specified by GEMA or FEMA for the
revisions, and without further charge to AUGUSTA.
2. Either party may terminate this AGREEMENT by providing written notice of such intent
thirty (30) days in advance of termination date. In the event of termination by either party,
CONTRACTOR agrees to cease all work, to turn over to AUGUSTA all materials acquired
for this contract work, and to submit AUGUSTA an invoice for work performed prior to
termination.
3. This AGREEMENT is subject to all applicable regulations, laws, policies, guidelines and
requirements of the Federal Emergency Management Agency and the Georgia Emergency
Management Agency, with respect to the Flood Mitigation Assistance Program, and any
special conditions or regulations relating to the application,.. ac~eptance and use of federal
funds for a federally assisted project. All work shall meet the requirements of 44 Code of
Federal Regulations Part 78.5, for the Flood Mitigation Assistance Program.
4. No part of the funds provided under the terms of the AGREEMENT shall be used directly or
indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed
or written matter, or other device, intended or designed to influence in any manner a member
of Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by
Congress, whether before or after the introduction of any bill or resolution proposing such
legislation or appropriation.
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5. All data assembled and documents prepared to carry out the AUGUSTA, GA Flood
Mitigation Plan, or as provided by AUGUSTA, shall become the property of Augusta, GA.
All publications, reproductions, and copyright privileges shall be the property of Augusta,
GA.
6. This Agreement is intended by the Parties to, and does, supersede any and all provisions of
the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of
this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of
this Agreement shall control.
7. This agreement is at all times subject to applicable State and Federal laws, standards, rules
and regulations now existing or which may be hereafter enacted or adopted.
8. This agreement and all rights, privileges and responsibilities shall be interpreted and
construed according to the laws of the State of Georgia.
9. All claims, disputes, and other matters in question between the Owner and the Contractor
arising out of or relating to the Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. The CONTRACTOR, by executing this
Agreement, specifically consents to jurisdiction and' venue :in Richmond County and waives
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any right to contest the jurisdiction and venue in t~e Superior Court of Richmond County,
Georgia.
10. The failure of AUGUSTA at any time to require performance by the CONTRACTOR of any
provision hereof, shall in no way affect the right of AUGUST A thereafter to enforce that
same provision or any part of the contract, nor shall the failure of AUGUSTA to enforce any
breach of any provision hereof be taken or held to be a waiver of such provision, or as a
waiver, modification or cancellation of the contract itself.
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11. This agreement represents the sole and completes understanding of the terms of this
agreement between the parties hereto and may be amended, changed or modified only by a
written document signed by the parties hereto.
12. Failure by the CONTRACTOR to satisfactorily complete a draft Flood Hazard Mitigation
Plan, sufficient for submission as "information only" to the Engineering Services Committee
of the Augusta Commission, by August 29, 2003 will result in a daily penalty of $100 per
day until the project is completed satisfactorily. Failure by the CONTRACTOR to
satisfactory complete the Flood Hazard Mitigation Plan, in final form, and ready for
submission to the Georgia Emergency Management Agency and the Federal Emergency
Management Agency, by September 26, 2003 shall result in this contract being rendered null
and void.
13. Notices pursuant to this agreement shall be given by deposit in the custody of the United
States Postal Service, postage prepaid, addressed as follows:
Augusta: Bob Young, Mayor
Room 806, City-County Bldg. (11)
530 Greene Street
Augusta, GA 30911
Contractor: Rebecca C. Quinn, President
RCQuinn Consulting, Inc.
153 Prince George Street f!2
Annapolis, MD 21401-1721 i..
Alternatively, notices required pursuant to this agreement maybe personally served in the
same manner as is applicable to civil judicial practice. Notice shall be deemed given as of
the date of personal service or as, of the date of deposit of such Written notice in the course of
transmission in the United States Postal Service.
14. This agreement is executed in two counterparts, each of which is deemed an original of equal
dignity with the other and which is deemed one and the same instrument as the other.
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IN WITNESS WHEREOF, the parties hereto have signed, sealed, and delivered these
presents this ~ day of ~~ ,2003.
CONTRACTOR:
RCQillNN CONSULTING, INC.
AUGUSTA, GEORGIA
Signature:tQ~ ~ft.1
Name: Rebecca C Quinn, CFM
Title: President
Signature:
Name: Bob Young
Title: MlL~
Attest: ~
Name: L n Bonne
Title: Clerk of Commission
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Attachment A
AUGUSTAfRICHMOND COUNTY, GA
Flood l\rIitigation Plan: Preliminary Work Plan
(draft 2/25/2003)
SCOPE OF WORK- TASK DETAILS
TASK .
1. Collect Existing a. Contact State for state-specific requirements and related data
Background Materials; (databases-ofNFIP policies, claims, repetitive losses; past loss
Planning Committee records (PA, fA))
Work Session #1 & b. NotifY State and other agencies, request participation/review
Interviews c. Collect, and review existing historical information about hazard
events, public/private disaster data and summaries.
d. Collect and review existing floodplain/watershed studies, maps,
and related documents; existing land use/zoning documents,
comprehensive plan., growth management/sustainability plans;
'. emergency management plans for response and recovery;
floodplain management and subdivision regulations; related
building code provisions
e. Coordinate with GIS to catalogue available data, tailor
analyses/map specifications
f Conduct on-site and telephone interviews with identified
committee members on how hazards are addressed, exjsting
capacity; identifY issues & opportunities.
g. Facilitate Committee Work Session #1 (introduction, goals,
existing capacity)
h. Prepare and circulate report of Committee Work Session # 1.
I. Circulate summary of interviews, capacity, identified issues.
J. Circulate draft Table of Cop tents of the Mitigation Plan
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2. Review & Summarize a. Using GIS, preparei.preliminary exposure estimates; evaluate
l\tlaterials floodplain maps and background data on extent of exposure of
at-risk infrastructure, public facilities, private property
b. Conduct field evaluation of selected sites (buildings,
.infrastructure); prepare preliminary vulnerability assessments
(see Note)
c. Prepare summaries of materials collected in Task 1, as
appropriate tor inclusion in the Plan. :
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d. Prepare detailed review of floodplain provisions with I
recon~mendations for improved administration and options fOD
higher standards (CRS)
e. Support preparation of materials for public outreach for Public
Meeting #1 (newspaper, mailing)
SCOPE OF WORK- TASK DETAILS
TASK
3. Public ~Ieeting #1 a. Conduct Public Meeting # 1 to introduce the hazard mitigation
concept, overview hazards and event history, gather information
to identifY issues and public concerns.
b. Prepare report on Public Meeting # 1
4. Planning Committee a. Prepare preliminary vulnerability assessments.
Work Session #2: b. Facilitate Committee Work Session #2 (review at-risk assets,
Identify Objectives and review capacity for mitigation; develop goal statement, review
Tentative Actions full range of possible mitigation actions, begin to identifY
applicable actions)
c. Prepare and circulate report of Work Session #2.
5. Planning Committee a. Circulate list of tentative. mitigation actions, with background
Work Session #3: statements and supporting documentation
Review and Prioritize b. Circulate results of preliminary vulnerability assessments, GIS
Mitigation Actions analyses (see Note)
'. c. Facilitate Committee Work Session #3 (review and comment on
specific actions, discuss implementation Ijmitations (feasibility,
budget, staff, authority), develop prioritized ranking of actions)
d. Prepare and circulate report of Work Session #3
6. Draft Mitigation Plan a. Develop cost effectiveness statements for selected high priority
actions
b. Prepare Draft Plan; circulate to Committee; address comments
c. Prepare Public Review Draft; distribute to state agencies for
comment, make available to the public
d. Support preparation of materials for public outreach for Public
Meeting #2 (newspaper, mailing)
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7. Planning Committee a. Facilitate Public M~eting #2. to present the Draft Plan and
Work Session #4; tentative priority actions
Public Presentation of b. Prepare and circulate report of Work Session #4 and Public
Draft Plan at Public Meeting #2, with recommendations for changes (if any are
Meeting #2 prompted by public comment).
c. .facilitate Work Session #4 (confirm priority action items;
review Final Draft Plan)
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'.'~ " ;_SCOP~,OFWORK.- TASK DETAaS
- TASK
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8. Finall\'Iitigation Plan a. Prepare Final Plan for presentation to governing body for
& Deliverables adoption; participate in presentation
b. Deliverables:
. Final Plan: finished files for print production and web posting
(after adoption)
. Presentations: all PowerPoint presentations
. Databases and Maps: in required in-house formats
. Vulnerability Assessments: of Critical Facilities/Infrastructure
(see Note)-
. Regulatory Reviews: report on floodplain and subdivision
regulations and review/permit processes
. CRS: report on options for additional CRS activities/credits
. Handouts: Electronic files for print production and web posting
of public informational handouts (CRS credits)
Note: Discussion of options in Project Management Approach
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Attachment B
AUGUSTAlRICHMOND COUNTY, GA
Flood lVIitigation Plan: Fee Proposal
RCQuinn Consulting, Inc., proposes to facilitate the mitigation planning process and prepare the
Flood Mitigation Plan for the Augusta-Richmond County, GA, as outlined in the Technical
Proposal, for a total fee of $ 27,750.
As outlined in the Technical Proposal, this fee assumes the in-house preparation of GIS maps
and analyses using existing data. This fee does not include detailed structural analyses of high
priority public facilities and infrastructure.
. ..:- SCOPE OF WORK - TASK - COST (%)- ;
. - ..
1. Collect Existing Background Materials;
Planning Committee Work Session # I & 20%
Interviews
2. Review & Summarize Materials 20%
3. Public Meeting # I 5%
4. Planning Committee Work Session #2: 10%
Identify Objectives and Tentative Actions
5. Planning Committee Work Session #3: 10%
Review and Prioritize Mitigation Actions
6. Draft Mitigation Plan 15%
7. Planning Committee Work Session #4; Public 10%
Presentation of Draft Plan Public Meeting #2 .
8. Final Mitigation Plan & Deliverables \\ 10%
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'100%
Alternative: The proposed Flood Mitigation Plan can readily be prepared to satisty the N t"'
requirements for multi-hazard mitigation planning (Section 322). As shown on Attachment A, 0
the processes are identical. The additional work involves identitying other hazards, researching 1 V\J~
the history of other hazards, identitying how other hazards are factored into development . /. ()
processes (i.e., wind provisions in the building code), facilitating consideration of other ' G {t7
mitigation measures by the Committee, and. (if separately requested) structure-specific 7fJJ3
assessments. Ms. Quinn has prepared multi-hazard mitigation plans for the Travis County, S!b(
City of Florence, SC; the City of Rocky Mount, NC; and the Commonwealth of Virginia. The 1/ I, /41,fOf
additional cost is $4,500. I (//1/1 r