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HomeMy WebLinkAboutCONTRACT WITH JOHNSON LASCHOBER & ASSOCIATES AUGUSTA ENTRY & CORRIDOR MASTER DESIGNCONTENTS i& 2 -2 3 3,5' CONSULTANT SERVICES AGREEMENT AUGUSTA ENTRYWAY & CORRIDOR MASTER DESIGN PROJECT NUMBER: N/A REQUEST FOR QUALIFICATIONS SCOPE OF WORK & FEE SCHEDULE ADDENDUM(S) AGREEMENT ➢ Design Criteria ➢ Amount of Contract ➢ Signature Page GENERAL CONDITIONS ➢ Specified Excuses for Delay or Non - Performance ➢ Termination of the Agreement for Default ➢ Termination of the Agreement ➢ Acknowledgement ➢ Local Small Business Language ➢ Accuracy of Work ➢ Assignability ➢ Audits & Inspectors ➢ Compensation ➢ Confidentiality ➢ Construction Manager ➢ Consultant Coordination i> Contract Disputes ✓ Contract Termination Coordination with the National Geodetic Survey Coordination with Utilities ✓ Covenant against Contingent Fees • Delivery Notices ✓ Drug Free Workplace ✓ Employment of County Personnel ✓ Insurance ✓ Personnel r> Responsibility for Claims and Liability ✓ Review of Work ✓ Right to Enter ✓ Subcontracting Supervision and Control ATTACHMENT A ✓ Davis Bacon Act :> Compliance With Title Vi Of The Civil Rights Act Of 1964 ATTACHMENT B i> Contractor's Statement & Compliances APPENDIXES • Appendix A — Standard Specifications Appendix B — Survey Specifications REQUEST FOR QUALIFICATIONS Request for Qualifications Request for Qualifications will be received at this office until Friday, May 18, 2012 @ 11 :00 a.m. for furnishing: RFQ item #12 -151 Augusta Entryway & Corridor Master Design for Engineering Department RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: 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, 530 Greene Street — Room 605, Augusta, GA 30901. A Mandatory Pre-Qualification Conference will be held on Friday, May 4, 2012 @ 10:00 a.m. in the Procurement Department, 530 Greene Street, Room 605. All questions must be submitted in writing by fax to 706 821 -2811 or by email to procbidandcontract (ci7,auqustaga.aov to the office of the Procurement Department by Tuesday, May 8, 2012 @ 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 No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening. Invitation for bids and specifications. An invitation for bids 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 Invitation to bid 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 waiveable 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. Bidders 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 bidder at the risk of receiving incomplete or inaccurate information upon which to base his qualifications. GERI A. SAMS, Procurement Director Publish: Augusta Chronicle Metro Courier cc: Tameka Allen Deputy Administrator Abie Ladson Engineering Department Steve Cassell Traffic Engineering Jennifer Bowen Convention & Visitors Bureau Revised: 8/15/2011 Geri A. Sams, Director Augusta Procurement Department 530 Greene Street - Room 605 Augusta, Georgia 30901 April 12, 19, 26, May 3, 2012 April 18, 2012 RFQ 12 -151 Augusta Entryway & Corridor Master Design Page 4 of 24 Augusta Entryway & Corridor Master Design Scope of Work and Fee Schedule RFQ Item #12 -151 Augusta, Georgia — Engineering Department Scope of Work: JLA will develop beautification standards and specifications for all state and city rights of way within the Augusta city limits. The beautification standards will serve as a design guide for all future landscape projects that occur in City of Augusta and sate rights -of -way. The intent is to create an arrival experience by enhancing the vehicular entry ways into Augusta and to create a cohesive and balanced design approach to these landscape areas. The standards will address landscape design, irrigation design, installation and maintenance. The scope of work will also consist of preliminary landscape design of medians, shoulders and beauty spots at Riverwatch Parkway, Doug Barnard Parkway and Sandbar Ferry Road. The designs will demonstrate how the existing medians and roadway shoulders will be improved with landscaping. The proposed beauty spots at each of these locations will be designed in this scope of work. The designs of these areas will be preliminary landscape plans for the purpose of aiding in future funding and the development of future projects. Final landscape and irrigation construction documents are not part of this scope except for the Riverwatch scope of work described below. The constructed portion of this scope of work will be the beauty spot at Riverwatch Parkway and a portion of the shoulders of Riverwatch from 1 -20 to Alexander Drive. Fee Breakdown for Consulting: Riverwatch Parkway Landscape Design, TE Administration and Construction Documents - $25,700 Beautification Standards, Specifications and Landscape Designs for Doug Barnard Parkway, Riverwatch Parkway, and Sandbar Ferry Road and required TE Administration - $95,800 LUMP SUM - $121,500 Hourly Rates: A. Schedule ufHourly Rates: Hourly rates for services performed on or after the Effective Date are: JLA Principal $ 200 /hour Project Manager /Sr. Landscape Architect $ 150 /hour Project Engineer $ 100 /hour Project Landscape Architect $ 80 /hour Landscape designer $ 60 /hour Bron Cleveland (JLA's Consultant) Principal $ 190 /hour Sr. Engineer/ Project Manager $ 155 /hour Engineer $ 105 /hour Technician $ 90 /hour ADDENDUM(S) ITEM DATE Mail RFQ Thursday, April 12, 2012 Mandatory Pre - Qualification Conference Friday, May 4, 2012 @ 10:00 a.m. Questions due in writing Tuesday, May 8, 2012 @ 5:00 p.m. RFQ responses due Friday, May 18, 2012 @ 11:00 a.m. Evaluation by Committee May 2012 Presentation of Recommendations May 2012 Recommendation to Augusta Commission for Award June 2012 TO: All Bidders Phyllis Mills, Quality Assurance Analyst Abie Ladson, Engineering Department FROM: Geri Sams ,?i14.4 Procurement Director DATE: April 19, 2012 SUBJ: Update RFQ Schedule RFQ ITEM: RFQ 12 -151 Augusta Entryway & Corridor Master Design for Engineering Department RFQ OPENING: Friday, May 18, 2012 at 11:00 a.m. ADDENDUM NO. 1 Bidders on this project are hereby notified that this Addendum shall be attached to and made part of the above -named RFQ Package. Acknowledge receipt of all Addendums on Attachment B within the Specifications package. 1. The Mandatory Pre - Proposal Conference for RFQ 12 -151 Augusta Entryway & Corridor Master Design is scheduled for Friday, May 4, 2012 @ 10:00 a.m. in the Procurement Department — 530 Greene Street, Room, 605, as stated throughout the Request for Qualifications. However, Specifications page 24 of 24, "SCHEDULE" states the date as "Friday, May 5, 2012 ". We are updating the scheduled "date" via this Addendum. Please replace the current Specifications page 24 of 24 with the attached updated page. SCHEDULE: Room 605 - 530 Greene Street, Augusta Georgia 30901 (706) 821 -2422 - Fax (706) 821 -2811 www.augustaga.gov Register at www.demandstar.com/suoplicr for automatic bid notification Please acknowledge addendum in your submittal END ADDENDUM Scan this QR code with your smartphone or camera equipped tablet to visit the Augusta, Georgia Addendum 1 RFQ Item #12 -151 Page 1 of 2 ITEM DATE Mail RFQ Thursday, April 12, 2012 Mandatory Pre - Qualification Conference Friday, May 4, 2012 @ 10:00 a.m. Questions due in writing Tuesday, May 8, 2012 @ 5:00 p.m. RFQ responses due Friday, May 18, 2012 @ 11:00 a.m. Evaluation by Committee May 2012 Presentation of Recommendations May 2012 Recommendation to Augusta Commission for Award June 2012 EVALUATION: Qualifications will be evaluated by a selection committee, minimally consisting of representatives of the Augusta Procurement Department, the Augusta Engineering Department, the Augusta Convention & Visitors Bureau and the Augusta Administrator's Office. A consolidation of each individual Committee member's rating and ranking will be made into a composite summary representing the findings of the total Committee. The selection committee will rank firms based on the following criteria and short-list a minimum of three (3) firms. The number of Firms short - listed will be solely at the discretion of the Selection Committee. This process will result in the selection of the design team who, through contractual agreements will undertake the scope of work. A contract will be negotiated with the top - ranked firm. Once a firm has been selected, the contract will be negotiated on a cost plus fixed fee basis. Do Not Include A Fee Proposal. NEGOTIATIONS AND AWARD: Procurement Director shall negotiate a contract with the most responsible and responsive short - listed offeror at compensation that Procurement Director determines in writing to be fair and reasonable to Augusta, Georgia. In making this decision, Procurement Director shall take into account the estimated value, the scope, the complexity and the professional nature of the services to be rendered. Should Procurement Director be unable to negotiate a satisfactory contract with the offeror considered to be the most responsible and responsive at a price for Procurement Director determines to be fair and reasonable to Augusta, Georgia; negotiations with that offeror shall be terminated. Procurement Director shall then undertake negotiations with the second most responsible and responsive short- listed offeror. If negotiations with the second most responsible and responsive short- listed offeror are unsuccessful, negotiations shall be terminated and Procurement Director shall then undertake negotiations with the third most responsible and responsive short- listed offeror. Should Procurement Director be unable to negotiate a contract with any of the short - listed offerors, Procurement Director and the using agency may select from the additional offerors that were not short- listed in order of their responsibility and responsiveness and Procurement Director may continue negotiations in accordance with this section until an agreement is reached. Augusta reserves the right to reject any or all respondents to this solicitation, to re- advertise and to negotiate for additional services Interested Firms should submit one (1) original clipped and six (6) copies of qualifications no later than Friday, May 18, 2012@ 11:00 a.m. to: Geri A. Sams, Director Augusta, Georgia Procurement Department 530 Greene Street — Room 605 Augusta, GA 30901 Qualifications may also be delivered in person to the Augusta, Georgia Procurement Department at 530 Greene Street — Room 605, Augusta, GA. No submittals will be accepted after the above stated date and or time. A Mandatory Pre - Qualification Conference will be held on Friday, May 4, 2012 © 10:00 a.m. in the Procurement Department — Room 605. All Firms interested in submitting a RFQ for this project must attend. All questions must be submitted in writing by fax to 706 821 -2811 or by email to procbidandcontract (auqustaga.gov to the office of the Procurement Department by Tuesday, May 8, 2012 @ 5:00 p.m. No RFQ will be accepted by fax, all must be received by mail or hand delivered. SCHEDU4E: P4gas2 note: Schedule Is tentative and is subiect to change. Addendum 1 RFQ Item #12 -151 Page 2of2 This Agreement is made and entered into this CONSULTANT SERVICES AGREEMENT AUGUSTA ENTRYWAY & CORRIDOR MASTER DESIGN PROJECT NUMBER: N/A BETWEEN AUGUSTA, GA ENGINEERING DEPARTMENT AND JOHNSON LASCHOBER & ASSOCIATES day of ,2012 by and between Augusta, Georgia, hereinafter called the "CITY" and 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 furnish professional services: JLA will develop beautification standards and specifications for all state and city rights of way within the Augusta city limits. 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 The following publications shall be used as the basis for the engineering design services contained herein: Georgia Department of Transportation Standard Manuals and Specifications for the Construction of Roads 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) Development Documents, The Augusta Utilities Design Standards and Construction Specifications, current edition, 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 the Project site 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 presentation and the methods to be used in the plan preparation so that these plans can be best utilized, as determined by the CONSULTANT and approved by the CITY, in the orderly preparation of the detailed construction contract plans, specifications, and contracts. The AED Plans Preparation Guidelines, current edition, shall be utilized in the production of plans for the project. Upon receipt of the CITY's written approval of the manner of the project plan presentation and methods of plan preparation, the CONSULTANT shall proceed with implementation of plan preparation. 2 Augusta Entryway & Corridor Master Design AMOUNT OF CONTRACT It is agreed that the compensation hereinafter specified to perform the services (see Scope of Services) required by this Agreement includes both direct and indirect costs chargeable to the project. Johnson. Laschober, and Associated Engineering Services Fee Breakdown: Riverwatch Parkway Landscape Design, TE Administration and Construction Documents $25,700.00 Beautification Standards, Specifications and Landscape Designs for Doug Barnard Parkway, Riverwatch Parkway, and Sandbar Ferry Road and require TE Administation 3 $95, 800.00 Lump Sum $121,500.00 Augusta Entryway & Corridor Master Design IN WITNESS WHEREOF, said parties have hereunto set their seals the day and year written below. Executed on behalf of CONSULTANT AUGUSTA, GEORGIA COMMISSION- COUNCIL (Owner) By: ni Mayor Deke S. Copenhaver V*2 By: Title: ` ' t� � - Address: l2a6 't' -04z Sk . Ayti5 GA 'Soda 0 SEAL errt Witness CONTRACTOR: J01 . LJj✓ /'► sSv `, S, / ' . 4 SEAL Attest Secretary (a9/ (itk Witness Augusta Entryway & Corridor Master Design GENERAL CONDITIONS 1 CONSULTANT SERVICES AGREEMENT AUGUSTA ENTRYWAY & CORRIDOR MASTER DESIGN PROJECT NUMBER: XXX -XX -XXXX GENERAL CONDITIONS SPECIFIED EXCUSES FOR DELAY OR NON - PERFORMANCE CONSULTANT is not responsible for delay in performance caused by hurricanes, tornadoes, floods, and other severe and unexpected acts of nature. In any such event, the Agreement price and schedule shall be equitably adjusted. TERMINATION OF THE AGREEMENT FOR DEFAULT Failure of the CONSULTANT, which has not been remedied or waived, to perform or otherwise comply with a material condition of the Agreement shall constitute default. The CITY may terminate this Agreement in part or in whole upon written notice to the CONSULTANT pursuant to this term. TERMINATION OF THE AGREEMENT IN WHOLE OR IN PART FOR THE CONVENIENCE OF CITY The CITY may terminate this Agreement in part or in whole upon written notice to the CONSULTANT. The CONSULTANT shall be paid for any validated services under this Agreement up to the time of termination AN ACKNOWLEDGEMENT BY ALL PARTIES CONTRACTING WITH CITY AS FOLLOWS: 1. CONSULTANT acknowledges that this Agreement 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, CONSULTANT is deemed to possess knowledge concerning CITY'S ability to assume contractual obligations and the consequences of CONSULTANT'S provision of goods or services to CITY under an unauthorized Agreement, 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, CONSULTANT agrees that if it provides goods or services to CITY under a Agreement that has not received proper legislative authorization or if the CONSULTANT provides goods or services to CITY in excess of the any contractually authorized goods or services, as required by CITY'S Charter and Code, CITY may withhold payment for any unauthorized goods or services provided by CONSULTANT. CONSULTANT assumes all risk of non - payment for the provision of any unauthorized goods or services to CITY, and it waives all claims to payment or to other remedies for GC1 Augusta Entryway & Corridor Master Design the provision of any unauthorized goods or services to CITY, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all CITY Agreements for goods and services, except revenue producing Agreements. 2. All CONSULTANTS and SUB - CONSULTANTS entering into Agreements with CITY for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with the CITY has registered with and is participating in a federal work authorization program. All CONSULTANTS and SUB - CONSULTANTS must provide their E- Verify number and must be in compliance with the electronic verification of work authorized 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- 603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program throughout the Agreement term. All CONSULTANTS shall further agree that, should it employ or contract with any SUBCONSULTANT(S) in connection with the physical performance of services pursuant to its Agreement with CITY the CONSULTANT will secure from such SUB - CONSULTANT(S) each SUB- CONSULTANT'S E- Verify number as evidence of verification of compliance with O.C.G.A. § 13 -10 -91 on the SUB - CONSULTANT affidavit provided in Rule 300- 10- 01 -.08 or a substantially similar form. All CONSULTANTS shall further agree to maintain records of such compliance and provide a copy of each such verification to CITY at the time the SUB - CONSULTANT(S) is retained to perform such physical services. LOCAL SMALL BUSINESS LANGUAGE: In accordance with Chapter 10B of the CITY CODE, CONSULTANT expressly agrees to collect and maintain all records necessary to for CITY to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to CITY. The requirements of the Local Small Business Opportunity Program can be found at www.augustaga.gov. In accordance with CITY CODE § 1- 10- 129(d)(7), for all Agreements where a local small business goal has been established, the CONSULTANT is required to provide local small business utilization reports. CONSULTANT shall report to CITY the total dollars paid to each local small business on each Agreement, and shall provide such payment affidavits, regarding payment to SUB - CONSULTANTS as may be requested by CITY. 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 CITY. Failure to provide such reports within the time period specified by CITY shall entitle CITY to exercise any of the remedies set forth, including but not limited to, withholding payment from the CONSULTANT and /or collecting Liquidated damages. GC2 Augusta Entryway & Corridor Master Design 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. CONTRACTUAL OBLIGATIONS The consultant acknowledges that this Agreement 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 CITY'S ability to assume contractual obligations and the consequences of the consultant provision of goods or services to CITY under an unauthorized Agreement, 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 CITY under a Agreement that has not received proper legislative authorization or if the CONSULTANT provides goods or services to CITY in excess of the any contractually authorized goods or services, as required by City's Charter and Code, CITY 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 CITY, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to CITY, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all CITY Agreements for goods and services, except revenue producing Agreements. HOLD HARMLESS Except as otherwise provided in this agreement, the consultant shall indemnify and hold harmless CITY, and its employees and agents from and against all liabilities, claims, suits, GC3 Augusta Entryway & Corridor Master Design demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from the performance of its Work. 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 SUB - CONSULTANT, assignee, or transferee. 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 GC4 Augusta Entryway & Corridor Master Design 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. Compensation for design services for the Augusta Utilities shall be invoiced based on the sum of all actual costs incurred in the performance of the work, including all direct, payroll, overhead, and profit costs in an amount not -to- exceed the compensation set forth herein for the Water and Sewer Plans Phase. GEORGIA PROMPT PAY ACT Not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 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. 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. GCS Augusta Entryway & Corridor Master Design DESIGN AND REVIEW MANAGER The Design and Review Manager (Assistant Director of 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 Design and Review 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 Design and Review 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 Design and Review Manager will expedite any necessary decisions affecting the performance of the CONSULTANT's Agreement, but the CONSULTANT shall not make use of the Design and Review 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 Design and Review Manager does for the roadway design work. Both the AU Liaison Engineer and the AED Design and Review 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. CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with the Georgia Department of Transportation, Federal Highway Administration, CONSULTANTs on adjacent projects, and CONSULTANTs 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. GC6 Augusta Entryway & Corridor Master Design CONTRACT DISPUTES This Agreement shall be deemed to have been executed in CITY, 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. 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. SUSPENSION OF THE WORK, TERMINATION AND DELAY To the extent that it does not alter the scope of this Agreement, the CITY 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. CITY 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 CITY. GC7 Augusta Entryway & Corridor Master Design 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 Construction Manager. If it is to be affected based on the proposed design, at the direction of the Construction 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 (AU), the CONSULTANT shall research all Augusta Utilities records and act on behalf of the AU 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. 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 CITY 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 CITY Commission. 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 office, @ 505 Telfair Street, CITY 30901, or at GC8 Augusta Entryway & Corridor Master Design 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. LOCAL SMALL BUSINESS In accordance with Chapter 10B of the CITY. CODE, the consultant expressly agrees to collect and maintain all records necessary to for CITY to evaluate the effectiveness of its Local Small Business Opportunity Program and to make such records available to CITY. The requirements of the Local Small Business Opportunity Program can be found at www.aueustaea.ROv. In accordance with AUGUSTA GA CODE § 1- IO- 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. CONSULTANT shall report to CITY the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to SUB- CONSULTANTS as may be requested by CITY. 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 CITY. Failure to provide such reports within the time period specified by CITY shall entitle CITY to exercise any of the remedies set forth, including but not limited to, withholding payment from the consultant. 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. 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 GC9 Augusta Entryway & Corridor Master Design INSURANCE Prior to beginning work, the CONSULTANT shall obtain and furnish certificates to the CITY for the following minimum amounts of insurance: 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 Hundred Thousand ($100,000.00) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than Three Hundred Thousand ($300,000.00) Dollars on account of any one occurrence. C. Property Damage Insurance in an amount of not less than Fifty Thousand ($50,000.00) Dollars from damages on account of any occurrence, with an aggregate limit of One Hundred Thousand ($100,000.00) 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 that correlates to the amount of this Agreement and nature of the project. 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 SUB - CONSULTANTS, 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 GC10 Augusta Entryway & Corridor Master Design 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. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its employees, SUB - CONSULTANTS, or agents, 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 resulting from the CONSULTANT, its SUB- CONSULTANTS, 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. 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 SUBCONSULTANT. The CITY will not approve any SUBCONSULTANT for work GC11 Augusta Entryway & Corridor Master Design covered by this Agreement that has not been recommended for approval the Construction 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. GC12 Augusta Entryway & Corridor Master Design ATTACHMENT A Page 1. General 1 II. Nondiscrimination 1 III. Nonsegregated Facilities 3 IV. Payment of Predetermined Minimum Wage 3 V. Statements and Payrolls 5 VI. Record of Materials, Supplies, and Labor 5 VII. Subletting or Assigning the Contract 5 VIII. Safety: Accident Prevention 6 IX. False Statements Concerning Highway Projects 6 X. Implementation of Clean Air Act and Federal Water Pollution Control Act 6 XI. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion XII. Certification Regarding Use of Contract Funds for Lobbying A. Employment Preference for Appalachian Contracts (included in Appalachian contracts only) I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractors immediate superinten- dence and to all work perforated on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for in each section, the contractor shall insert in each subcontract all of the stipulations contained in these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be Incorporated by reference in any case. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section 1, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. 6. Selection of Labor: During the performance of this contract, the contractor shall not: a. discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION ATTACHMENTS (Applicable to all Federal -aid construction contracts and to all Form FHWA -1273 (Rev. 3-94) REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportu- nity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The Equal Opportu- nity Construction Contract Specifications set forth under 41 CFR 60- 4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 et m.) set forth under 28 CFR 35 and 29 CFR 1630 6 are incorporate by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum 8 specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Govemment in carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship, preapprenticeship, and/or on- the-job training." 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibili- ties to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covenng all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to imple- ment such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: An Equal Opportunity Employer." All such advertisements will be placed Page 1 in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consider- ation. b. In the event the contractor has a valid bargaining agreement providing forexclusive hiring hall referrals, he Is expected to observe the provisions of that agreement to the extent that the system permits the contractors compliance with EEO contract provisions. (The DOL has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and proce- dures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin. age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor willperiodically evaluate the spread of wages pald within each classification to determine any evidence of discrimi- natory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimina- tion, Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will attempt to resolve such com- plaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each Investigation, the contractor will Inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the -job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the eventa special provision for training Is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance require- ments for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promo- tion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts to obtain the cooperation of such unions to increase opportunities for Page 2 minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, in coopera- tion with the unions, joint training programs aimed toward qualifying more minority group members and women for membership In the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color. religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procure- ment of materials and leases of equipment. a. The contractor shall notify all potential subcontractors and suppliers of his/her EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined In 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontrac- tor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made In locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The progress and efforts being made in securing the services of DBE subcontractors or subcontractors with meaningful minority and female representation among their employees. b. The contractors will submit an annual report to the SHA Form FHWA -1273 (Rev. 3 -94) each July for the duration of the project, indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA -1391. If on -the job training is being required by special provision, the contractor will be required to collect and report training data. 111. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construc- tion contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities at any of its establishments, and that the firm does not permit its employees to perfomi their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)] the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcon- tractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. Form FHWA -1273 (Rev. 3 -94) b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classifica- tion, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classifica- tion requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) with respect to helpers, when such a classification prevails in the area in which the work is performed. c. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed In the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210. The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contract- ing officer within the 30-day period that additional time is necessary. d. In the event the contractor or subcontractors, as appropri- ate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determina- tion within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed in the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which Is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he/she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. Page 3 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency recognized by the Bureau, or if a person is employed in his/her first 90 days of probationary employ- ment as an apprentice in such an apprenticeship program, who is not Individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employ- ment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman -level hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, with- draws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not Tess than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate spedfied in the approved program for his/her level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Page 4 b. Trainees: Division determines that there is an apprenticeship program associ- ated with the corresponding joumeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, in which case such trainees shall receive the same fnnge benefits as apprentices. (4) In the event the Employment and Training Administra- tion withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Helpers: Helpers will be permitted to work on a project if the helper classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determina- tion for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to joumeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontrac- tor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he /she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one - and - one -half times his/her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permit- ted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: Form FHWA -1273 (Rev. 3 -94) The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contribu- tions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described in Section 1(b)(2)(B) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appala- chian contracts, the payroll records shall contain a notation indicating whether the employee does, or does not, normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated In providing benefits under a plan or program described in Section 1(b)(2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated in writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. c. Each contractor and subcontractor shall furnish, each week In which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, para- graphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superin- tendent of Documents (Federal stock number 029 - 005 - 0014 -1), U.S. Govemment Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "State- ment of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made Form FHWA -1273 (Rev. 3-94) either directly or indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specifted in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspec- tion, copying, or transcription by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor. applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained in Form FHWA -47, "Statement of Materials and Labor Used by Contractor of Highway Construction Involving Federal Funds," prior to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in the units shown on Form FHWA -47. c. Fumish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of Page 5 a subcontractor, assignee, or agent of the prime contractor. b. Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall fumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract require- ments, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws goveming safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as It determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surround- ings or under conditions which are unsanitary, hazardous or danger- ous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction in confor- mity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, It is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concemed with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: Whoever, being an officer, agent, or employee of the United States, or of any State or Territory or whoever, whether a person, association, firm, or corporation, knowingly makes any false state- ment, false representation, or false report as to the character, quality, Page 6 quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representa- tion, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representa- tion as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supple- mented; Shall be fined not more that $10,000 or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et sue. as amended by Pub.L. 91 -604), and under the Federal Water Pollution Control Act. as amended (33 U.S.C. 1251 et sew , as amended by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SHA of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the govemment may direct as a means of enforcing such requirements. XI. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transac- tions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later deter- mined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this Form FHWA -1273 (Rev. 3 -94) transaction for cause of default. d. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, It shall not knowingly enter into any lower tier covered transac- tion with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all soliclta- tlons for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement Ust) which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 1. Except for transactions authorized under paragraph f of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Form FHWA -1273 (Rev. 3 -94) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtain- ing, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civiII charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 1b of this certification; and d. Have not within a 3-year period preceding this applica- tion /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Covered Transac- tions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, In addition to other remedies available to the Federal Government, the depart- ment, or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. c. The prospective lower tier participant shall provide immedi- ate written notice to the person to which this proposal Is submitted if at any time the prospective lower tier participant teams that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any Tower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certifica- tion Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and Page 7 frequency by which it determines the eligibility of Its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. L Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Govemment, the department or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its pnncipals is presently debarred, suspended, proposed for debarment, declared ineligible, or volun- tarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 8 XII. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, 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 Federal 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, 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 Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, 'Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Form FHWA -1273 (Rev. 3-94) ATTACHMENT A - EMPLOYMENT PREFERENCE FOR APPALACHIAN CONTRACTS (Applicable to Appalachian contracts only.) 1. During the performance of this contract, the contractor under- taking to do work which is, or reasonably may be, done as on -site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except: a. To the extent that qualified persons regularly residing in the area are not available. b. For the reasonable needs of the contractor to employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph lc shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph 4 below. 2. The contractor shall place a job order with the State Employ- ment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which he estimates such employees will be required, and (d) any other pertinent information required by the State Employ- ment Service to complete the job order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, he shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within 1 week following the placing of a job order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualified job applicants to the contrac- tor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph 1 c above. 5. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be done as on-site work. Form FHWA -1273 (Rev. 3-94) Pages 1 NOTICE TO CONTRACTORS COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 During the performance of this Agreement, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor will comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally- assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the Regulations [also 49 CFR Part 27] ), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the grounds of race, color, national origin, or sex in the selection and retention of subcontractors including procurement of material and leases of equipment. The Contractor will not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practice when the contract covers a program, set forth in Appendix B of the Regulations. In addition, the Contractor will not participate either directly or indirectly in the discrimination prohibited by 23 CFR 710.405(b). 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations, either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin or sex. 4. Information and Reports: The Contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the State Department of Transpiration, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. AED Traffic Engineering 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, the State Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contactor under the contract until the Contractor complies, and /or b. cancellation, termination or suspension of this contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provision of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, order, or instructions issued pursuant thereto. The Contractor will take such action with respect to any subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 2 � AED Traffic Engineering ATTACHMENT B a E ' O R G I A Systematic Alien Yerifiication for Entitlements (SgU) 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.GA Section 60 -36-1, I am stating the following with respect to my bid for an Augusta, Georgia contract for RFQ #12 -151, Augusta Entryway & Corridor Master Design 181011 Meeker and Project None) Dann R. Prickett. ASLA 1Ptindlype: Nome el nitwit person appbiina • Wolf of knOvklusi, business, aoepwNion, Pte, or ether Wrote entibtl Johnson, Laschober & Associates. P.C. Prim /Type: None el hushwas, sonsesilen, imbues*, °rate rpr vets wed 1.) X I am a citizen of the United States. OR 2.) 1 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 end 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 all davit shall be guilty of a violation of Code Section 16 -10-20 of the Official Code of Georgie. Printed Name Signature of Applicant 'Llo crc.� R-. Fri L-e.. }� * Allen Registrodon Number for Non- -Ciittaeens SUBSCRIBED AND SWORN BEFORE ME ON THIS THE 15" DAY OF Jit146 , 20111, 011iWah W1 !SI CV( Notary Public NOTARY PUBLIC oEaoRAM M. TAYLOR Riminone County My Commission Expires: t('7 l i, _ My Com �t 1Q ji T (IV , 2013 Note: The successful vendor will submit the above forms to the Procurement Deportment no later than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received). Raw uun011 RFQ Rem {12-151 Ausum 6nhvwiv Nl Genitor NNW MUM President Title Notary Signature Row 7/22/2011 to accordance with the Laws cf Georgia, the following affidavit Is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR L, Ligia C. Florim fitly that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person subnming a bid for the same work, labor or service to be done or the supplies, materiais or equipment to be furnished and is in ail respects fair and without collusion or fraud. I understand coMuslve bidding is a violation of stets and federal law and can result In fines, prison sentences and clvM damages awards. I agree to abide by alt oonrctlons of this bid or proposal and cerrtWy that I am authorized to sign this bid or proposal for the bidder. B d o O.C.G.A. Section 36.91.21 (d) and (e non C eve an sac ates, Inc . 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 is 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 It furnished to any other bidder, that the material shall be at a higher price. S ignora a razed Company Representative Sworn to and subscribed before me this 1 day of J WU. , 2012,, Notary Public: A VW'4L Y1 dLL t (Print tame) County: 0 l R. GtA j t1W Co �* t Commission Expires: J O 2,S 2-1)1 d `%%%%% urbrr ► � i .�� ,AQA N. R O f I o'Aar 1' ■••• :.( CI SOO NOTARY SEAL. % �-t. . � `' ' '%, , N Coot t Note: The successful vendor will submit the above forms to the Procurement Department no later than tive (6) days after receiving the "Letter of Recommendation" (Vendor's letter will denote the date forms are to be received). RFQ kin i12 -01 Arpusb Enbyrnsy t Comb, Meter Design Pi ,40(4 Ligia C. Florim certify that this bid or proposal is made without prior understanding, agreement or connection with any corporation, firm or person submttlng 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.1 agree to abide by all conditions of this bid or proposal and certify that h am authorized to sign this bid or proposal for the bidder. A nt further states that pursuant jo O.C.G.A. Section 3691 -21 (d) and (e), non cieveland Associates, Inc. has rot, by itself or with othes, directly or Indirectly, prevented or attempted to prevent competition in such bidding or proposals by any means whatsoever. Af pant further states that (sjhe has not prevented or endeavored to prevent anyone from maid ng a bid or offer on the project by any means whatever, nor has Affiant caused or induced another to withdraw bid or offer for the work. Affront further states that the said offer of is 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. Signature razed Company Representative President Tide tn accordance with the Lam of Georgia, the following affidavit is required by at vendors Sworn to and subscribed before me Notary ature rY r r��tuuu Notary Public IMGI h dGL F� (Print Name) r::,:::: �/ s ' County : C I CLAIttolk C 0 Ut*I n • ! < Commission Expires: F61 2,{j 2.01 = NOTARY SEAL. .1%,. ° ;° 61 . ;' 0N Ct ! , '''' OUN, ni l ,,,»• Note: The successful vendor will submit the above forms to the Procurement Department no later than five (6) days after receiving the 'Letter of Recommendation" (Vendor's fetter will denote the date forms err to be received). Kew. 7/22/1021 NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR 1611_ day of J Mt , 20, RfQ Ism 111.151 Argues F:neyway & Connd t Waft Design ris40f4 STATE OF GEORGIA - COUNTY OF RICHMOND BID /RFP/RFQR / A By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13- 10-91, staling affirmatively that the individual, firm. or corporation which is e g� in -physical performance of services under a contract with.T. A) �/Ji 6tt" 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 -6033, in accordance with the applicability provisions and deadlines established In O. C. G. A 13-10-91. $p E- Verify * User Identification Number Ater B Authori • - • Officer or (Contractor Signature) PliEtiS /<De0vT Title of Authorized Officer or Agent of Contractor Printed Name of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE Notary Public My . mmission Expire REv.7 /22/2011 G E O R G 1 .1 SUBCONTRACTOR AFFIDAVIT f' ,'CE /.vCC Georgia Law requires your company to have an E- Verify'User Identification Number on or after July 1, 2009. For additional information: State of Georgia hltp i /ww .clui 41mIc _ ij.•i• lp,1pdI(ruhsraO0 10 1..011 htjps ile-vslify usois.gov /enroili JAIME 1.GRIGGS I t ° aP T , - Notery Pubho - 8W° o 28, lorida 1 my Commission Expires Commission 1 DD 765134 Bonded Through Reiland Renykma SEAL N.•ra. 1h. suc:cesstirr venni • 1.41h .1.(0iii'r lfiF• ,U)C,,.; tO)r1IS it) th.. PrOcilinitrgtrt Department no 1.7rer than hi.? 151 days' OW( r<•..rirvrt•tl Ntr. tenor ur Roc orrupie ridatrori 7lrendur fetter writ nnnete the state 'aims at l• to btr rt'Len..•ci RFO Item 1112.151 Augusta Entryway & Corridor Master Design Page 3 of 4 Signature of Authorized Company R Title Sworn to and sub Notary Signature Rev. 7/22/2011 In accordance with the Laws of Georgia, the following affidavit Is required by all vendors NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR I, �►J9 / ✓ � certify that this bid or proposal is made without prior understanding, agreement or connecU 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. 1 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), ..2 resik -- 4 1/ /efgaaoliZot / has not, by itself or with others, directly or indirectly, prevented or attempted to prevent'competltlon 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* bid or offer for the work. Affiant further states that the said offer • 1r - ;1.c .J, -,__�? :` is bona fide, and that no one has gone to any supplier and ttemp o • = or company to f ish the materials to the bidder d to any 1 be at a higher price. hi: 1 day of ‘..‘k.. 2014" Notary Public: JUIN,. l_ . ex t aQ S County; 0 rax1 U J Commission Expires la { wola- NOTARY SEAL (Print Name) No& 111: ULCl' . fit; v!•r+ %gilt sr.1 rflt thy ithoye fri;m5 the Pr utenIezit Department no later llrff f,v c 15! day!. •rftr•( •f?t f•IVrrt(r the •i ?r1Ai •,f PpennItifra lt78rrrrr• • Vefrocir letter veal tit+ "CYt• rife H hums •1 It, be tectavocti RFQ item #12.151 Augwd Entryway & Corridor Master Design Page 4 of4 E-Verify 4s, Company ID Number. 228309 THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICL 1 PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Johnson Las hobar S Asaoclaies. P.C. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E- Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. 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). Authority for use of the E- Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification ", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees woiktig on Federal contracts Is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE 0 FUNCTIONS TO BE PERFORMED A RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by SSA as govemed 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). Pap 1 of 13(E-Verity MOU for Employe jRevison Date 10/29 /08 E-VeriIy Company ID Number: 226309 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconffrmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonc.onflrmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Govemment work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA wit provide additional verification instructions. 8. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. DHS agrees to provide the Employer names, tines, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verity process. 3. OHS agrees to provide to the Employer a manual (the E- Verify User Manual) containing instructions on E- Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verity. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E- Verify program, 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 immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page 2 of 131E -Veiny MOU for Employer{Revbion Date 10/29/08 EVerily Company ID Number 226309 nonconfirmation of employees' employment eligibility within 3 Federal Government worts days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconilrrmations that Is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Govemment work days of the date of referral to OHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the 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. 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 regarding E- Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: • If an employee presents a "Ust 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. • If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766 (Employment Authorization Document) to complete the 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 OHS with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or Ust 8 and List C, documentation to complete the Form 1 - 9. DHS may in the future designate other documents that activate the photo screening tool. Page 3 or 131E.Verify MOU for EmployerRevisaon Dote 10!29108 E-VeriIy Pogo 4 of 131E -Verify MOU for Employer Revision Date 10/29108 Company ID Number 226309 6, The Employer understands that participation in E- Verify does not exempt the Employer from the 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, inducting the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E Verify: (1) Identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment Mowing a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien In violation of section 274A(a)(1XA) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1 -9 have been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E- Verify User Manual. The Employer Is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. if the automated system to be queried is temporarily unavailable, the 3 -day time period Is 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. In ail cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1 - in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E- Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8, The Employer agrees not to use E- Verify procedures for pre- employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E- Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article 11.D, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9, The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfinnations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking E-VeriIy Page 5 of 131E- Verity MOU for EmployerjRevlslon Date 10129108 Company ID Number. 226309 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non - match, the Employer is required to take affirmative steps (see Article 111.B. below) to contact DHS with information necessary to resolve the chaienge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS 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 govemment to resolve a case), or the finding of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee Is not work authorized. In any of the cases listed above, 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 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption 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 non -match 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 or OSC at 1 -800- 255 -8155 or 1-800- 237 -2515 (TDD). 11. The Employer agrees to comply with Title Vii of the CM Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(a)(3) of the INA, because of his or her citizenship status. 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 noncontirmations. The Employer further understands that any violation of the unfair immigration- related employment practices provisions in section 274E 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 back pay awards, compensatory and punitive damages. Violations of either section 274E 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- discrinlnation provision, it should contact OSC at 1- 800 - 255 -8155 or 1- 800 - 237 -2515 (TDD). 12. 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. 13. The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E -Verify and this MOU only to confirm the employment eligibility of employees as Company ID Number. 226309 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, Induding ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employees responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which It receives from SSA Is governed by the Privacy Act (5 U.S.C. § 552a0)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that 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. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E Verify, including by permitting DHS and SSA, upon reasonable notice, to review Fomis 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 timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. 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 M FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E- Verify by the Employer, the Employer may not reverify the employee through E- Verify. a. Federal contractors not enrolled at the time of contract award: An Employer that Is not enrolled in E- Verity 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 use E- Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days alter the date of hire. Once enrolled in E- Verify as a Federal contractor, the Employer must initiate 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. b. Federal contractors already enrolled at the time of a contract award: 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 initiate 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 3 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 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E- Verify must initiate verification of each employee assigned to the Page 6 of 131E -Verify MOU for Employer/Revision Date 10I29t08 E-VeriIy. Pogo 7 of 131E -Verify MOU for EmployerjRevieion Date 10/29/08 Company ID Number 226309 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Institutions of higher education, State, local and tribal governments and sureties: 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 pursuant to 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. The provisions of Article 11.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: 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 do so only In the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. e. Form 1 -9 procedures for Federal contractors: The Employer may use a previously completed Form i -9 as the basis for initiating E -Verify verification of an employee assigned to a contract as long as that Form 1-9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1-9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S, citizen). If the Employer is unable to determine that the Form 1 -9 complies with Article Ii.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1-9 is otherwise valid and up-to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II4.5, subject to any additional or superseding instructions that may be provided on this subject in the E- Verify User Manual. Nothing in this section shall be construed 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. 2. 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. E-VeriIy Company ID Number. 226309 ARTICLE I11 REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL. TO SSA B. REFERRAL TO DHS Pape 8 of 131E- Verify MOD for EmpbyeriRevieion Date 18129108 1. if the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as axon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system - generated referral letter and instruct the employee to visit an SSA office within 8 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. The Employer agrees to check the E -Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non- match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non- match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible EVerily Company ID Number 226309 after the Employer receives it 4. If the employee contests a tentative nonconflrmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through Its toll-free hotline (as found on the referral letter) within 8 Federal Govemment work days. 5. If the employee contests a tentative nonconflrmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. 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. The Employer agrees to check the E- Verify system regularly for case updates. 8. The Employer agrees that if an employee contests a tentative nonconflrmation based upon a photo non- match, the Employer will send a copy of the employee's Form 1-551 or Form I-786 to DHS for review by: • Scanning and uploading the document, or • Sending a photocopy of the document by an express mall account (furnished and paid for by DHS). 7. The Employer understands that if it cannot determine whether there is a photo match/non- match, the Employer Is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non - match. ARTICLE IV SERVICE PROVISIONS 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 the E- Verify System, an Employer will need a personal computer with Internet access. Page 9 of13JE•Verify MOU for Employer►Revision Date 10/29108 ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified In writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E- Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all 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 E-Verily Page 10 of 131E- Verify MOU for EmployerfRevision Data 10/29/00 Company ID Number. 226309 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E- Verity is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a partidpant in the E- Verify program, will remain bound by the terms of this MOU that apply to non - Federal contractor participants, and wii] be required to use the E Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or poky, 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 procedures 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 its performance of its contractual responsibilities. C. 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 they may determine necessary. By separate agreement with DHS, SSA has agreed to perform Its responsibilities as described in this MOU. D. 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. E. 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 dv8 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. F. The Employer understands that the fact of its participation in E Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, 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). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. E-Verily Company ID Number 226309 To be accepted as a participant in E Verity, you should only sign the Employer's Section of the signature page. if you have any questions, contact E -Veriy at 888-464-4218. Employer Johnson, Laschobsr & Associates, P.C. Chary J Johnson Name (Please Type or Print) Title Electronically Signed 06129/2009 Signature Date Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) Title Electronically Signed Signature Page 11 of 131E -Verify MOIL for Emp oyerrRevision Oats 10i29i08 06/29/2009 Date E-Verily Company ID Number: 226309 Information relating to your Company: Company Name: Johnson, laschober & Associates, P.C. Company Facility Address: 1296 Broad Street Company Alternate Address: PO Box 2103 County or Parish: RICHMOND Employer Identification Number. 581419859 North American industry Classification Systems Code: 541 Parent Company: Number of Employees: 20 to 99 Number of Sites Verified for: 1 Information Required for the E Verity Program Augusta, GA 30901 Augusta, GA 30903 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for In each State: • GEORGIA 1 site(a) Page 12 of 131ENerify MOU for EmployerfRewsion Date 10/29/08 . E-VeriIy Company ID Number. 228309 Information relating to the Program Admin)strator(s) for your Company on policy questions or operational problems: Name: Telephone Number E-mail Address: Name: Telephone Number. E-ms4 Address: Name: Telephone Number: E-mall Address: Deborah M Taylor (706) 724.5765 dtaylorGpa-engineers.com Charles J Johnson (706) 724 - 5766 jiohnsonfIlle-enginesa.com Angela Pelletier (706) 724 - 6755 apoletialigpa- engineers.com Fax Number. (706) 724 - 3965 Fax Number. (706)724.3965 Fax Number: (706) 724. Pogo 13 of 19IE -Vey MOU for EmpbyerlReHeion Date 10/29/08 APPENDIXES CRITERIA The Consultant shall become familiar with the latest edition, as determined by AED, of the American Association of State Highway and Transportation Officials' Design Manuals for Arterial Streets. Rural. Urban. and Interstate Highways, including those standards adopted by the AASHTO and approved by the Secretary of Commerce, as provided by Title 23, United States Code, Section 109 (b), with the City's and Georgia D.O.T. Standards, Procedures, Plans, Specifications and Methods, with Federal Highway Administration procedures relating to plan review and approval, and shall produce plans in accordance therewith. DESIGN SPECIFICATIONS APPENDIX A STANDARD SPECIFICATIONS Design for bridges and other structures shall be in accordance with the current edition of appropriate publications of the American Association of State Highway and Transportation Officials', hereinafter referred to as " AASHTO," Design Specifications of 1992. Traffic engineering shall be performed in accordance with procedures outlined in the Highway Capacity Manual, Current Edition. The lighting design shall be in accordance with the AASHTO publication, An Informational Guide for Roadway Lightjng current edition, and the Standard Specifications for • oad and Bridge Construction current edition, as modified by Supplemental Specifications and Special Provisions, current editions. On facilities where driveways are included, the Consultant shall become familiar with the Georgia D.O.T. regulations and procedures and shall produce plans for upgrading driveway control. CONSTRUCTION SPECIFICATIONS The plans shall be in accordance with the Georgia D.O.T.'s Standard Specifications for Construction, of Roads and Bridges as amended. The Consultant shall have access to the Georgia Standard Construction and Materials Specifications for use throughout the Project. PLAN SIZES Preliminary plans for roadways, bridges, and walls may be on paper having outside dimensions of 24" by 36" with 1 -1/2" margin on the left and 1/2" margin elsewhere. All final construction plans, shall have the same dimensions as the preliminary plans. Augusta Entryway & Corridor Master Design CONSTRUCTION PLAN REQUIREMENTS Detailed requirements for the construction plans shall meet the criteria set forth in the Augusta Public Works and Engineering Department Plan Preparation Guidelines. The plans shall be fully dimensioned; all elevations necessary for construction shall be shown similar to the GDOrs normal practice. They shall include a fully dimensioned geometric layout to permit staking in the field without additional computation by the survey party. Utility locations and methods of attachment shall be shown. Utilities to be carried on bridges will be established by the AED. In steel construction, the sizes and overall dimensions of members, their exact locations, the number and arrangement of fasteners, fastener spacing, welds and other details necessary in preparation of shop detail drawing shall be shown. In concrete construction, the location of all reinforcement shall be shown and the plans shall include complete schedules of straight and bent bars with bending details. The Consultant shall check all details and dimensions shown on the plans before they are submitted to the AED for review. Topography shall remain fully legible when plans are reduced in size, but shall be less prominent and readily distinguishable from proposed work Profile sheets shall have the existing ground line plotted in ink on the sheet. Utility plan sheets may be the same material as the roadway plans. COMPUTATIONS All design computations and computer printouts shall be neatly recorded on 8 -1/2" by 11" sheets, fully titled, numbered, dated, signed by the designer and checker and indexed. Two copies of these computations, and the computer input and output, fully checked and appropriately bound, shall be submitted to the AED with the plans for approval. A complete tabulation of the drainage analysis along with the calculations used to determine the size of drainage structures shall be submitted to the AED with the construction plans for approval. DELIVERABLES The construction plans and all other documents prepared under this Agreement shall then be submitted to AED or AU, whose property they shall remain, without limitations as to their future use. All materials required for the preparation of the plans, supplemental specifications, special provisions and computations shall be furnished by the Consultant. The Consultant shall submit to AED, in suitable electronic format, one copy of all computer files depicting graphics, database details and design for the drainage improvements, and road design A -2 Augusta Entryway & Corridor Master Design data, created as a result of the design process. 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. If the project includes AU work, the Consultant shall provide drawings in accordance with the utilities chapter of the AED Plan Preparation Guidelines. NUMBER OF COPIES OF SUPPORTING DATA REQUIRED Except as otherwise provided herein, the Consultant shall submit all documents, reports, special provisions, sketches, design notes, and all other required or necessary support data to the AED in duplicate. PROGESS REPORT AND SCHEDULE The Consultant shall report to the AED on suitable forms approved by the AED the status of work and schedule on the 25th day of each month during the life of the Agreement. PROFESSIONAL ENGINEER APPROVAL All construction plans and documents designed, detailed, and furnished by the Consultant for the AED shall bear a valid Professional Engineer Stamp. All plans submitted to the AED for review shall have been checked by the Consultant prior to submission. $CONOMICAL DESIGN The Consultant shall make every effort to provide the most economical design. The Consultant shall consider construction problems and sequencing in the design. The Consultant shall meet and discuss economic considerations and construction staging with the AED prior to final design. A -3 Augusta Entryway & Corridor Master Design INTRODUCTION I. Project Control A. Vertical B. Horizontal Control Traverse C. Project Control Monuments II. Database A. Method B. Accuracy C. Scope III. Right -of -Way Surveys A. Research B. Field procedures C. Resolution IV. Right -of -Way Staking V. 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