HomeMy WebLinkAboutAGREEMENT WITH KIMLEY-HOME & ASSOC FOR PHASES OF ROUNDABOUT EVALUATION AND DESIGN SERVICES PROJECTCONSULTANT SER VICES
AGREEMENT
ROUNDABOUT EVALUATION
AND DESIGN SERVICES
PROJECT NUMBER:
CONTENTS
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVICES
PROJECT NUMBER: N/A
REQUEST FOR QUALIFICATIONS
SCOPE OF WORK ..
PROPOSAL ....
AGREEMENT
➢ Design Criteria
➢ Amount of Contract
➢ Signature Page
GENERAL CONDITIONS
ATTACHMENT B
➢ Contractor's Statement & Compliances
APPENDIXES
➢ Appendix A — Standard Specifications
➢ Appendix B — Survey Specifications
Augusta, GA Engineering Department
REQUEST
FOR
QUALIFICATIONS
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVICES
PROJECT NUMBER: N/A
Request for Qualifications will be received at this office until Friday, July 20, 2012 @ 11:00 a.m. for furnishing:
RFQ Item #12 -170 Roundabout Evaluation & Design Services for Augusta Engineering Department
RFQs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
RFQ documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid.
RFQ documents may be obtained at the office of the Augusta, GA Procurement Department, 530 Greene Street —
Room 605, Augusta, GA 30901. All questions must be submitted in writing by fax to 708 821 -2811 or by
email to procbidandcontractCa .auqustaga.gov to the office of the Procurement Department by Monday,
July 9, 2012 @ 5:00 P.M. No bid 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No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.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
Abie Ladson
Hameed Malik
Steve Cassell
Revised: 8/15/2011
Request for Qualifications
June 14, 21, 28, July 5, 2012
June 20, 2012
Deputy Administrator
Engineering Department
Engineering Department
Engineering Department
RFQ 12 -170 Roundabout Evaluation & Design Services
Page 4 of 25
Augusta, GA Engineering Depa
SCOPE
OF
WORK
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVICES
PROJECT NUMBER: WA
SCOPE OF WORK
ROUNDABOUT EVALUATION AND DESIGN SERVICES
The work will consist of conceptual layout, analysis, and public outreach for installation of
roundabouts at approximately ten intersections in Augusta- Richmond County. Additionally,
scope will include design services for up to three of these intersections to be determined after
the initial phase.
The initial scope of work will include: data collection, concept development over aerial
photography, analysis and modeling with VISSIM® software or an approved equivalent,
public meetings, as well as development of an informational website and materials suitable
for distribution.
The second phase of the scope will include roundabout design services for up to three
intersections. Scope will include environmental analysis, surveys and mapping, preliminary
construction plans, final Right -of -Way plans (including staking the Right -of Way) and final
construction plans. All require engineering studies such as capacity analyses, drainage design
(including design of major structures), erosion control plans, and stage
construction /maintenance of traffic are part of the scope of services. The consultant or
consultant team must be prequalified with the Georgia Department of Transportation in all
applicable areas of work and utilize the most current approved design software.
Intersections, which are subject to change, that will be evaluated include: Laney Walker
Boulevard at Druid Park Avenue; Central Avenue at Monte Sano Avenue; Boy Scout Road at
Skinner Mill Road; Skinner Mill Road at Robert C. Daniel Parkway; Wheeler Road at Aumond
Road; Old Waynesboro Road at Brown Road; North Leg Road at Milledgeville Road; Broad
Street at East Boundary; Lumpkin Road at Wells Drive; and Barton Chapel Road at Glenn Hills
Drive.
1 /Page
AED /TE - Roundabout rfq roundabouts scope of work
Augusta, GA Engineering Department
PROPOSAL
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVICES
PROJECT NUMBER: N/A
F•n .Hom
and Associates, Inc.
November 19, 2012
Steve Cassell
Assistant Director of Traffic Engineering
City of Augusta
Engineering Department
505 Telfair Street
Augusta, Georgia 30901
Re: Intersection Operation and Safety Improvement Initiative
Transportation Engineering (TE) Studies, Traffic Animations/Modeling,
Renderings, and Meetings
Five (5) Intersections
Augusta, Georgia
Dear Steve:
•
817 West Peachtree Street, NW
The Biltmore, Suite 601
Atlanta, Georgia 30308
Kimley -Horn and Associates, Inc. is pleased to submit this proposal for professional traffic and
transportation engineering services for the above referenced project.
The City of Augusta has a desire to perform intersection improvement projects at five (5)
intersections. It is our understanding that these intersection improvement projects will be funded
with SPLOST and local funding. As part of this effort, the City is requesting a proposal to
prepare transportation engineering studies at each of the following locations.
1. Wheeler Road / Aumond Road
2. Central Avenue / Monte Sano Avenue
3. Laney Walker Boulevard / Druid Park Avenue
4. Boy Scout Road / Skinner Mill Road
5. North Leg Road / Milledgeville Road
This proposal is based on your request. Our scope of services, schedule, and fee are below.
The purpose of the Intersection Operation and Safety Improvement Initiative is to evaluate the
traffic operations of each intersection and develop the most appropriate and feasible alternative to
improving the intersection. The deliverables to the City will consist of the following:
1) Separate and Individual Traffic Engineering study reports for each intersection that
summarizes the existing (2012) and projected (2015) traffic conditions with
recommendations for operational improvements.
•
TEL 404 419 8700
FAX 404 419 8701
SCOPE OF SERVICES
Kim eyHom
C1111111 and Associates, Inc.
Task 1 — Data Collection/Coordination
Steve Cassell, November 19, 2012, Page 2
2) A concept design layout of the proposed recommended improvement option. The concept
design will be depicted on an aerial graphic and will be for illustrative purposes only (not
sufficient for construction).
3) Color rendering of each intersection indicating the proposed recommended improvement
option.
4) An opinion of probable construction cost of the proposed recommended improvement
option based on the concept design described above.
Traffic count data will be collected by the City of Augusta and will be used to perform the traffic
analyses. The counts should specify the number of vehicles, heavy vehicles, and school buses.
The City will collect the following data:
• Six (6) hours of turning movement data will be performed. The data will include two (2)
hours each during the morning, midday, and afternoon peak periods.
• 24 -hour bi- directional tube count will be performed along every intersection approach.
• The most recent complete three (3) years of accident data will be requested from GDOT.
• The following intersections will be included:
a. Wheeler Road / Aumond Road (All -Way stop control)
b. Central Avenue / Monte Sano Avenue (existing traffic signal)
c. Laney Walker Boulevard / Druid Park Avenue (existing traffic signal)
d. Boy Scout Road / Skinner Mill Road (existing traffic signal)
e. North Leg Road / Milledgeville Road (All -Way stop control)
Additionally, in addition to the above traffic count data, the City of Augusta will provide the
following:
1. GIS Mapping
2. Survey information as available
3. Signal Timing as available
4. Public Schools in the vicinity — District boundary map
Kimley -Horn will provide coordination and will review the data that is collected/provided.
K:1ATL Marketing \CityofAugusta` Augusta - lnt ersectionOperanon &Safetylmlrovementinitiativc -City of Augusta.doc
11111 � and KieyQ�Hfloym' ♦�� Inc. — a d Associates, I c
Task 2 — Traffic Engineering (TE) Study Report
A site visit will be performed to document the existing roadway conditions and intersection
operations (e.g. posted speed limits, signing, signalized intersection, unsignalized intersection,
queuing, etc.). Future roadway /intersection projects in the vicinity of the site will also be
researched and summarized.
The traffic analysis will evaluate existing and projected roadway conditions. The analysis will
use Synchro and SimTraffic applications, and will analyze the existing 2012 traffic conditions as
well as the projected 2015 conditions. The projected 2015 conditions will be based on the
existing 2012 conditions plus additional background traffic growth (from historical counts). For
the projected 2015 conditions analyses, we will provide the analysis based on the existing
roadway laneage as well as the recommended roadway laneage to serve the projected 2015
volumes.
For the existing 2012 conditions analysis and the projected 2015 conditions analysis, the
following intersections will be evaluated:
1. Wheeler Road / Aumond Road
2. Central Avenue / Monte Sano Avenue
3. Laney Walker Boulevard / Druid Park Avenue
4. Boy Scout Road / Skinner Mill Road
5. North Leg Road / Milledgeville Road
K: ATL_ Marketing \CityofAuguste\Augusta — IntersectionOperation &Safctylmprovementlnitiative -City of Augusta.doc
Steve Cassell, November 19, 2012, Page 3
Task 2a — Traffic Signal Warrant Analysis — Preliminary Analysis based on Peak Hours
This task is applicable to the following intersections:
1. Wheeler Road / Aumond Road (All -Way stop control)
2. North Leg Road / Milledgeville Road (All -Way stop control)
Based on the 6 -hours of traffic count data provided by the City of Augusta, Kimley -Horn and
Associates, Inc. will use the traffic data and the roadway /intersection geometry to determine if a
traffic signal is warranted based on existing traffic volumes and roadway conditions. We will
also determine if a traffic signal is warranted based on the year 2015 traffic volumes. The
historical accident data will be reviewed for correctable accidents if a traffic signal were to be
installed. All technical analyses will conform to the Manual of Uniform Traffic Control Devices
( MUTCD), 2009.
It should be noted that according to the MUTCD, the investigation of the need for a traffic control
signal shall include an analysis of the applicable factors contained in the following traffic signal
warrants and other factors related to existing operation and safety at the study location:
Warrant 1, Eight -Hour Peak Volume
Warrant 2, Four -Hour Vehicular Volume
Warrant 3, Peak Hour
Warrant 7, Crash Experience
G — Kimsey -Han
and Associates, Inc.
Steve Cassell, November 19, 2012, Page 4
Capacity analyses will be performed using Synchro 8 to determine delay and level of service
(LOS). Analysis will be performed for existing 2012 and projected 2015 conditions.
Task 2b — Roundabout Analysis
This task is applicable to all five (5) intersections. Kimley -Horn and Associates, Inc. will use the
traffic data and the roadway /intersection geometry to determine if the intersection would be a
suitable location for a modern roundabout based on existing traffic volumes and roadway
conditions. We will also determine if the intersection would be a suitable location for a modern
roundabout based on the projected year 2015 traffic volumes.
Based on the GDOT Roundabout Analysis Tool, we will determine if the location meets the
preliminary requirements of a roundabout. This GDOT tool also measures of effectiveness for
each intersection approach. If the location is deemed an appropriate location for a roundabout,
we will continue our analysis, and capacity analyses will be performed using SIDRA 3.1 to
determine delay and level of service (LOS). Analysis will be performed for existing conditions
and year 2015 conditions.
Task 2c — Conceptual Roadway Improvement Graphics
Utilizing the aerial mapping that will be provided by the City of Augusta, we will provide a
concept graphic that illustrates the recommended improvements needed to serve the projected
2015 conditions. The concept layouts will illustrate, to the best extent possible, existing right -of-
way, existing roadway laneage, and existing building structures. The display will also show
edges of pavement, pavement striping, as well as the proposed recommended roadway
improvements.
The concept plan will be suitable for information purposes only. The concept graphics will not
be of sufficient detail to construct improvements; however, they can be utilized by design
engineers to develop construction drawings. These concept graphics will be included in the
Traffic Engineering Study report.
We will prepare a technical report that summarizes our findings, evaluations, and
recommendations. General recommendations for needed roadway and operational improvements
will be developed. Up to ten (10) copies of the report will be provided. Additionally, the
Synchro and SimTraffic files will also be provided.
K. 1TL_MarketinglCityofAuguga kuguga— IntersectionOpetation &Safetylmprovememinitiative -City of Augusta.doc
and Ables Inc.
a. Preparation and Attendance at Commission Workshop (1)
b. Preparation and Attendance at Public Meeting (I)
c. Coordination / Meetings with the Citizen's Advisory Group (2)
Task 5 — Additional Services (may be authorized at a later date)
a. Additional Meetings (all meetings beyond the two meetings noted in Task 4)
b. Traffic Counts
c. Evaluation of additional intersections
d. Traffic Signal Design/Modification
e. Roadway Design
f. Intersection Design
g. Roundabout Design
h. Traffic Signal Timing
K\ATL Marketing1CityofAugusta\A ugusta — Intersectionope auon&Safetyimprovementlnitiative -City of Augusta.doc
Steve Cassell, November 19, 2012, Page 5
Task 3 — Traffic Animations/Renderings
Additionally, based on the recommended improvement option, a color rendering of each
intersection indicating the proposed recommended improvement option will be prepared. KHA
will provide up to five (5) plan graphic color illustrations for five (5) different intersections to
illustrate the final preferred improvement concepts for each. These color illustrations will be
done by hand and then digitally scanned, descriptive labels added and shared with the client for
their use in presenting the preferred improvement concepts to the public at public meetings or in
print.
To assist with the public outreach efforts, a VISSIM animation will be created for each
intersection based on the recommended improvement option. This animation may be used
during meetings with neighborhood groups, citizen advisory groups, and at the commission
workshop.
Task 4 — Project Presentations/Meetings/Public Relations
Under Task 4, we anticipate having to prepare for and attend several meetings. The intent of
these meetings is to discuss the scope and recommendations contained in the traffic study report
and to garner support for the recommended improvement option. We anticipate attending the
following meetings:
Additionally, the concept graphics (Task 2c) and the Traffic Animations/Renderings (Task 3) will
be used as displays during these presentations.
The following tasks are not included in this proposal; however, we are prepared to undertake
them as additional services:
Task 1— Data Collection/Coordination
$ 18,280
Lump sum
Task 2 — Traffic Engineering (TE) Study Reports
$128,000
Lump sum
Task 3 — Traffic Animations/Renderings
$ 55,760
Lump sum
Task 4 — Project Presentations/Meetings /Public Relations
$ 86,120
Hourly budget
Expenses:
$ 2,525
Hourly budget
Total:
$290,685
PP"INI Kimley•Hom
— 1 and Associates, Inc.
FEE AND SCHEDULE
Steve Cassell, November 19, 2012, Page 6
The attached fees assume one round of City of Augusta review comments, and that comments will
be addressed at one time. KHA will perform the services described as follows:
The fee breakdown is as follows:
Fees will be invoiced monthly based upon the percentage of services completed as of the invoice
date. Payment will be due within 25 days of the date of the invoice. Task 5 (Additional
Services) will be performed at current hourly rates plus expenses. Effort associated with Task 5
will not be performed without authorization from you. Given notice to proceed, we will
undertake the services listed in Tasks 1 -4 (and Task 5 if authorized). We anticipate having a draft
traffic study report, and concept improvement graphics available for your review within eight
weeks of receiving the traffic count information and aerial base mapping from the City.
K ATL _Marketing \CityofAugustakAugusta — IateisecuonOperation &Safetylmprovementlnitiative -City of Augusta.doe
E min Ass Inc.
We appreciate the opportunity to submit this proposal to you. We look forward to performing
these services for you and will begin work immediately upon your notification.
Very truly yours,
KIMLEY -HORN AND ASSOCIATES, INC.
John D. Walker, P.E., PTOE
Vice President/Senior Associate
Agreed to this day of , 2012
City of Augusta
By:
Title:
Witness:
K: ATL Marketing \CityofAugusta\ Augusta — InterseaionOperation &Safetylmprovementlaitiative -City of Augusta. doe
Steve Cassell, November 19, 2012, Page 7
TASKS
TASKS
Sr. Traffic
Engineer
Traffic
Analyst
Traffic
SIT
CADD
Technician
Mensal
Total
1 Data CoRenton - CooMhution with City of Augusta
a. Project Start-Up - Coordination nth Subs
b. Coordination Mil Cty Stag
c. Obtain Accident Data
d. Obtain Tramc Count Data
e. 10ck-0ff Meeting with City Stag
f. Coordination 'Oh Subs - Denton of project
4
4
6
4
4
2
2
4
2
4
6
8
8
18
40
40
80
Total Hews Task l
60
it
54
0
4
115
Total Costs Task 1
$12,600
SO
$6,400
SO
$280
$18,280
2 Troths Engineering (TS) Study -I Separate Report
Step 1
a. Site Volt - Site Photos - Field Inventory
b. Set-Up Traffic Model nth Existing Data
c. Traffic Analysis
d. Drat Reporting
Stop 2
a. Develop Akumtive'
b. Graphics
c. Drag Reporting
Step 3
a. Address COMMIS and Dist ibute Final Report
8
8
2
18
4
4
20
26
4
20
24
4
32
4
40
4
4
8
16
2
16
24
42
4
12
6
22
6
18
4
4
30
Total Hours Task 2 (per Raped)
36
6
192
36
8
220
Total Costs Teak 2 (per Report)
47560
$1,000
$13,200
$3,420
$420
12600
Total Costa Teak 2 (a 6 Reports)
$37,800
$6,000
$66,000
617,100
42,100
$128,000
9 Traffic Animations I Renderings
s. Identify Various Solutions - Coudnadon
b. Develop Simple Traffic Animation- assume 3
c. Develop Complex Traffic Animism - assume 2
d. Develop color renderings - mourns 8
4
4
4
12
4
90
94
8
120
126
12
180
60
232
Total Hours Task 2
26
284
94
60
0
484
Total Costs Task 2
$5,480
$36,600
$8,400
$5,400
S0
$66.760
4 Project Webaits
a. To be developed and maintained by the City
b.
0
0
Total Hours Task 4
0
0
0
0
0
0
Total Cops Task 4
$0
$0
$0
$0
$0
S0
6 Pubic Retslona - Hourly Services
a. Preparation and Attendance at Commission Workshop (1)
b. Preparation and Attendance at Pubic Meetings (1)
c. Coordination I Meetings VOh tiw Citizen's Advlemy Group (2)
d. Inlormatknal Duties
12
6
24
10
4
58
24
18
24
10
4
78
24
18
40
10
4
94
it
20
20
10
68
Total Hours Task $
88
40
108
50
22
288
a. WR Toole - Hourly Budget
b. MTJ Engineering - Hourly Budget
$25,000
$25,000
Total Costs Teak 5
$14,200
$5,000
410,800
$4,$00
$1,640
$85,120
Total Labor Hours
614
404
1,576
490
as
3,070
Total Labor Coats EGA)
$70,140
$41,800
$81,800
$27.000
$3,920
42x0.160
Direst Costs
a. Travel Expenses, Wage (300 mike X 8 trips)
b Printing/Reproduction
c. Courier Peso, PedEk
d. Traffic Count Sub (N1A) • counts provided by City
$525
$1,500
5200
S0
Total Direct Costs (KHA)
$2,526
TOTAL COST
$290,685
Cost Estimate - Man Hour Estimate
Intersection Operation and Safety Improvement Initiative
City of Augusta / Richmond County
Augusta, GA Engineering Department
AGREEMENT
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVICES
PROJECT NUMBER: N/A
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVICES
PROJECT NUMBER: N/A
BETWEEN
AUGUSTA, GA ENGINEERING DEPARTMENT
AND
KIMLEY HORN AND ASSOCIATES
This Agreement is made and entered into this day of , 2012 by
and between Augusta, Georgia, hereinafter called the "CITY" and KIMLEY HORN AND
ASSOCIATES 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:
Work will consist of conceptual layout, analysis, and public outreach for installation of roundabouts
at approximately ten intersections in Augusta- Richmond County. Scope includes design services for
up to three of these intersections to be determined after the initial phase.
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
AED/TE- Roundabout Evaluation
And Design Services
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.
Kimley Horn and Associates
AMOUNT OF CONTRACT
Engineering Services Fee Breakdown: see proposal
3
AED /TE- Roundabout Evaluation
And Design Services
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:
By:
Honorable Mayor De a S. Copenhaver
may ,Q, *62 O sr.IC, 3 e
CONTRACTOR
fir t/ L' 140f4e-&
Title: /CL si3O -
Address: 74 0 / /rn U Sa., 6a/
07 `i/es7"
4
SEAL
(2ai
1--
Witness OAvl' c__ srAf .uf, Ya-
AED/TE- Roundabout Evaluation
And Design Services
Augusta, GA Engineering Department
GENERAL
CONDITIONS
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVKES
PROJECT NUMBER: N/A
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVICES
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
the provision of any unauthorized goods or services to CITY, however characterized,
GC1
Roundabout Evaluation and Design Services
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.
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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,
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demands, damages, losses, and expenses, including attorneys' fees, arising out of or resulting
from negligent acts in 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
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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.
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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.
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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.
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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
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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 108 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.augustaga.gov. In
accordance with AUGUSTA GA CODE § 1- 10- 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
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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
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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
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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.
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Augusta, GA Engineering Department
ATTACHMENT B
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVICES
PROJECT NUMBER: N/A
Attachment B
outust.CompletP_and Return-all- 3- pages -of Attachment- B -with Your Submittal". o ument lust Be Notarized.
Augusta Georgia Procurement Department
ATTN: Procurement Director
530 Greene Street, Suite 605
Augusta, Georgia 30901
Kimley -Horn and Associates, Inc.
Name of Bidder:
Street Address: The Biltmore, 817 West Peachtree Street, NW, Suite 601
City, State, Zip Code: Atlanta, Georgia 30308
Phone: (404) 419 -8700 Fax: (404) 419 -8701 Email: John.Walker @Kimley- Horn.com
Do You Have A Business License? Yes: X No:
Business License # for your Company (Must Provide): 108263LGB
Company must be licensed in the Governmental entity for where they do the majority of their business. If your Governmental entity (State or
Local) does not require a business license, your company will be required to obtain a Richmond County business license if awarded a
Bid /RFP /RFQ. For further information contact the License and Inspection Department @ 706 312 -5162.
List the State, City & County that issued your license: Atlanta, Georgia (Fulton County)
Acknowledgement of Addenda: ( #1) : ( #2) : ( #3) : ( #4) : ( #5) : ( #6) : ( #7) : ( #8)
NOTE: CHECK APPROPRIATE BOX(E)- ADD ADDITIONAL NUMBERS AS AJPLICABLE
Statement of Non - Discrimination
The undersigned understands that it is the policy of Augusta, Georgia to promote full and equal business
opportunity for all persons doing business with Augusta, Georgia. The undersigned covenants that we have
not discriminated, on the basis of race, religion, gender, national origin or ethnicity, with regard to prime
contracting, subcontracting or partnering opportunities.
The undersigned covenants and agrees to make good faith efforts to ensure maximum practicable
participation of local small businesses on the bid or contract awarded by Augusta, Georgia. The
undersigned further covenants that we have completed truthfully and fully the required forms regarding good
faith efforts and local small business subcontractor /supplier utilization.
The undersigned further covenants and agrees not to engage in discriminatory conduct of any type
against local small businesses, in conformity with Augusta, Georgia's Local Small Business Opportunity
Program. Set forth below is the signature of an officer of the bidding /contracting entity with the authority to
bind the entity.
The undersigned acknowledge and warrant that this Company has been made aware of understands
and agrees to take affirmative action to provide such companies with the maximum practicable opportunities
to do business with this Company;
That this promise of non - discrimination as made and set forth herein shall be continuing in nature
and shall remain in full force and effect without interruption;
That the promises of non- discrimination as made and set forth herein shall be and are hereby
deemed to be made as part of and incorporated by reference into any contract or portion thereof which this
Company may hereafter obtain and;
That the failure of this Company to satisfactorily discharge any of the promises of nondiscrimination
as made and set forth herein shall constitute a material breach of contract entitling Augusta, Georgia to
declare the contract in default and to exercise any and all applicable rights remedies including but not limited
to cancellation of the contract, termination of the contract, suspension and debarment from future contracting
opportunities, and withholding and or forfeiture of compensation due and owing on a contract.
RFQ 12 - 170 Roundabout Evaluation & Design Services
Page 16 of 25
Attachment B - Page 2 of 3
Non - Collusion of Prime Bidder /Offeror
By submission of a bid, the vendor certifies, under penalty of perjury, that to the best of its knowledge
and belief:
(a) The prices in the proposal have been arrived at independently without collusion, consultation,
communications, or agreement, for the purpose of restricting competition, as to any matter relating to
such prices with any other vendor or with any competitor.
(b) Unless otherwise required by law, the prices which have been quoted in the proposal have not been
knowingly disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or to any
competitor.
(c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership
or corporation to submit or not to submit a proposal for the purpose of restricting competition.
Collusions and fraud in bid preparation shall be reported to the State of Georgia Attorney General and
the United States Justice Department.
Conflict of Interest
By submission of a bid, the responding firm certifies, under penalty of perjury, that to the best of its
knowledge and belief:
1. No circumstances exist which cause a Conflict of Interest in performing the services required by this
ITS, and
2. That no employee of the County, nor any member thereof, not any public agency or official affected
by this ITB, has any pecuniary interest in the business of the responding firm or his sub-consultant(s)
has any interest that would conflict in any manner or degree with the performance related to this ITB.
By submission of a bid, the vendor certifies under penalty of perjury, that to the best of its knowledge
and belief:
(a) The prices in the bid have been arrived at independently without collusion, consultation,
communications, or agreement, for the purpose of restricting competition, as to any matter relating to
such prices with any other vendor or with any competitor.
(b) Unless otherwise required by law, the prices which have been quoted in the bid have not knowingly
been disclosed by the vendor prior to opening, directly or indirectly, to any other vendor or competitor.
c) No attempt has been made, or will be made, by the vendor to induce any other person, partnership
or cooperation to submit or not to submit a bid for the purpose of restricting competition. For any breach
or violation of this provision, the County shall have the right to terminate any related contract or
agreement without liability and at its discretion to deduct from the price, or otherwise recover, the full
amount of such fee, commission, percentage, gift, payment or consideration.
You Must Com•lete and Return all 3 .a.es of Attachment B with Your Submittal. Document Must Be Notarized.
RFQ 12 -170 Roundabout Evaluation & Design Services
Page 17 of 25
Attachment B - Page 3 of 3
Contractor Affidavit and Agreement
By executing this affidavit, the undersigned contractor verifies its compliance with 0.C.G.A. 13- 10 -91,
stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia
Board of Commissioners has registered with and is participating in a federal work authorization
program* [any of the electronic verification of work authorization programs operated by the United
States Department of Homeland Security or any equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99 -6031, in
accordance with the applicability provisions and deadlines established in 0.C.G.A 13- 10 -91. The
undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection
with the physical performance of services pursuant to this contract with Augusta Georgia Board of
Commissioners, contractor will secure from such subcontractor(s) similar verification of compliance with
0.C.G.A 13 -10 -91 on the Subcontractor Affidavit provided in Rule 300- 10- 01 -.08 or a substantially
similar form. Contractor further agrees to maintain records of such compliance and provide a copy of
each such verification to the Augusta, Georgia Board of Commissioners at the time the subcontractor(s)
is retained to perform such service.
Georgia Law requires your company to have an E- Verify*User Identification Number (Company I.D.) on or after July 1,
2009.
For additional information or to enroll your company, visit the State of Georgia website:
https:l /e verify.uscis.gov /enroll/ and /or http:// www .dol.state.ga.us /pdf /rulesl300 10 1 .pdf
* * E - Verify * User Identification Number (Company I.D.) 412062
NOTE: E- VERIFY USER IDENDIFICATION NUMBER (COMPANY 1.0.) MUST BE PROVIDED: IN ADDITION, THE RECOMMENDED AWARDED VENDOR
WILL BE REQUIRED TO PROVIDE A COPY OF HOMELAND SECURITY'S MEMORANDUM OF UNDERSTANDING (MOU)
The undersigned further agrees to submit a notarized copy of Attachment B and any required
documentation noted as part of the Augusta, Georgia Board of Commissions specifications which
govern this process. In addition, the undersigned agrees to submit all required forms for any
subcontractor(s) as requested and or required. I further understand that my submittal will be
deemed non - compliant if any part of this process is violated.
Kimley - Horn and Associates, Inc.
Compan
: Authorized Officer or Agent
(Contractor Signature)
Vice President
Title of Authorized Officer or Agent of Contractor
John D. Walker
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE I ' DAY OF J �� . , 20 I
ck
NotOry Public
My Commission Expires: . 11 �C� ( S
You Must Com•fete and Return all 3 .a•es of Attachment B with Your Submittal.
REV.SJ1S /Z011
4 Y SEAL
n
tt� L
tarred.
•
e ms :
I11111■O
RFQ 12 -170 Roundabout Evaluation & Design Services
Page 18 of 25
‘._,,,...--- ----14--- -1..-4----1--
£t R G I A
Systematic alien Verification for Entitlements (SA ig) Program
Affidavit Verifying Status for Augusta 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 otner public benefit as reference
in O.C.G.A. Section 50 I em stating the following with resoectio macid for an Augusta Georgia
contract for RFQ 12-170 Roundabout Evaluation & Design bermes
Project Number and Project 1Mmej
John D. Walker
fRrrintli'ype: Name ofnahaviperson applying or► beam's( in fvyraivai. business, camshaft'', partnershin. it other private fry/
Kimley -Hom and Associates, Inc.
(Ninnpa: Nome ofbusiness, corporation. partnership. ore her p,tvateentiy]
1.) X I ern a citizen of the United Stales.
OR
2.) I am a legal permanent resident 18 years of age or older.
OR
3.) ... I am an otherwise qualiried alien (8 § USC 1641) or nonimmigrant under the Federal
Immigration and Nationality Act (8 USC 1101 of seq.) 16 year of age or older and lawfuAy present in
the United States .
in making the above representation under oath, 1 understand that any person who knowingly
and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit
shall be guilty of a viotatiqn of Code Section 164 -20 of the O'f c+e oda Of Georgia.
Note. the successful vendor will submit the above fora
five (5J day after receiving MI "Letter of Rey r,rrr
forms are to be received).
ved).
RFv. Vi5l103 i
gnature of Applicant
John D. Walker
Printed Name
* Alien tiegiatration Number for Non-Citizens
SUBSCRIBED D CR BEFORE ME ON tHIS THE 18th DAY or September 2012
. 1 , .,
Not y Public
, e°" . ��
My Commission Expires: Sv.& 1 ci c kC IS 4 _ / i4RY SEAL
pal no later Bran
sr will denote the date
Sy _
RFQ 12 -110 Rai nsabou Evaluation 8 Design ServiCO5
Pape 20 of 25
STATE OF GEORGIA - COUNTY OF RICHMOND
W. R. Toole Engineers, Inc.
Company Name
or Agent
ontractor Signature)
Vice President
Title of Authorized Officer or Agent of Contractor
Erik Hammarlund
Printed Name of Authorized Officer or Agent
17th DA •OF Se • to . ber -
A _ aA C
Notary : ublic
My Commission Expires:
REV. 7/22/2011
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE
I ?pc. L3
20,E
NOTARY SEAL
BID/RFP /RF(# 12 - 170
SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13 -10-
91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services under a contract with Kimley-Hom & Associates on behalf of Augusta,
Georgia Board of Commissioners has registered with and is participating in a federal work authorization
program* (any of the electronic verification of work authorization programs operated by the United
States Department of Homeland Security or any equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99 -6031 in
accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10-91.
62985
E- Verify * User Identification Number
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
htto://www.dol.statema.usiodf/rules/300 10 1.odf
httos: / /e- verifv.uscis.gov /enroll/
Note: The successful vendor will submit the above forms to the Procurement Department no later
than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote
the date forms are to be received).
RFC) 12 -170 Roundabout Evaluation & Design Services
Page 21 of 25
� er — e
Si re uthoriz mpany Representative
Vice President
Title
Sw r to r
No ignature
L
In accordance with the Laws of Georgia, the following affidavit is required by all vendors
NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR
I, Erik Hammarlund certify that this bid or proposal is made without prior understanding,
agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service
to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion
or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison
sentences and civil damages awards. i agree to abide by all conditions of this bid or proposal and certify that I am
authorized to sign this bid or proposal for the bidder.
Affiant further states that pursuant to O.C.G.A. Section 36-91-21 (d) and (e),
W. R. Toole Engineers, 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 another to withdraw a bid or offer for the work.
Affiant further states that the said offer of W. R. `l oole Engmeers, c• 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.
ibbd befor me this 7th day of September , 2012
M ,V. Are r-
Notary Public: Elizabeth A. Schachtner
County: Columbia
Commission Expires: i i / r7/ e i,3 NOTARY SEAL
Note: The successful vendor will submit the above forms to the Procurement Department no later
than five (5) days after receiving the "Letter of Recommendation" (Vendor's letter will denote
the date forms are to be received),
Rev. 7/22/2011
(Print Name)
RFQ 12 -170 Roundabout Evaluation & Design Services
Page 22 of 25
STATE OF GEORGIA - COUNTY OF RICHMOND BID /RFP /RFQ# I Z- R
By executing this affidavit, the undersigned subcontractor verifies its compliance with 0.C.G.A. 13-10-
91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical
performance of services under a contract with t \t 4,4,J *-1141P,^ f �SSCC- on behalf of Augusta,
Georgia Board of Commissioners has registered with and is participating in a federal work authorization
program* (any of the electronic verification of work authorization programs operated by the United
States Department of Homeland Security or any equivalent federal work authorization program
operated by the United States Department of Homeland Security to verify information of newly hired
employees, pursuant to the Immigration Reform and Control Act of 1986 ([RCA), P.L. 99 -603), in
accordance with the applicability provisions and deadlines established in O. C. G. A 13- 10-91.
6 IL'
E- Verify * User Identification Number
+C.AeiG-2tasC1 L�
Company Dame
BY: Au
{
rized Officer or Agent
tractor Signature)
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN BEFORE ME ON THIS THE
DAY OF , it , 20/
44 ,�oliiilllf��,
.`,,,4 �....•N•.R�o
: ''s � • s
NOTA$Y S6LNOTiq�, S.
.
Li tmetqnt no tate;
c � (endor'. e'will aen �
ot
+
1 lllli111l"
otary Public
My Commission Expir
/,s-- roc.:).
REV. 7/22/2011
tic date forms are to i?e •
SUBCONTRACTOR AFFIDAVIT
Georgia Law requires your company to have an
E- VerifrUser Identification Number on or after July
1, 2009.
For additional information: State of Georgia
http://www.dol.state.oa.us/pdf/rules/300 10 1. pdf
httos: / /e- verifv.uscis.caov /enroll
RFC) 12 -170 Roundabout Evaluation & Design Services
Page 21 of 25
I have 10 or fewer employees and do not intend to hire 10 employees or more for the purpose
of supplying goods or services to Augusta, Georgia. Per MB 87 Section, vendors with 10 or
fewer employees are exempt from acquiring an E -Verify account and are required to supply a copy of
their driver license if they have not registered and do not have an E-Verify User Identification Number.
Should I acquire more than 10 employees, I will acquire an E- Verify account.
''rij a6 i 0r W4W( b- c_ _
Company Name
AI Date: - !
BY: g ithorized Officer or Agent
Contractor Signature)
— Pi 2 - 1 Oa C) 6' t7,-W,LIJCZ
Title of Authorized Officer or Agent of Contractor
Printed Name of Authorized Officer or Agent
Rev. 8/6/12
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF
Affidavit of Agreement
1 IInfff l
-,YN
• � •r
tit 0Tq =
• . .
=
BLIC
,1 /111110-
•
ppr1�AL, _� NON - COLLUSION AFFIDAVIT OF SUBCONTRACTOR
I, IZ`c. certify that this bid or proposal is made without prior understanding,
agreement or connection with any corporation, firm or person submitting a bid for the same work, labor or service
to be done or the supplies, materials or equipment to be furnished and is in all respects fair and without collusion
or fraud. I understand collusive bidding is a violation of state and federal law and can result in fines, prison
sentences and civil damages awards. I agree to abide by all conditions of this bid or proposal and certify that I am
authorized to sign this bid or proposal for the bidder.
Affiant further states that pursuant to O.C.G.A. Section 36 -91 -21 (d) and (e),
1•1\71-`r a^u06UJr ,!V LL 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 tAf''S is bona fide, and that no one has
gone to a supplier and attempted to get such person or company to furnish the materials to the bidder only, or if
furnished any other bidder, that the material shall be at a higher price.
Signatu Authorized Company Representative
-ti3C.,Z1) i ►2t C,�w1Ctit —
Title
to and subscrib before me this /' day of Sc , 20 /
Notary Signature
Notary Public:
County:
Commission Expires:
Note The successful vendor submrt the
than tivc {5j days after rece! vino the
the date forms are he received)
Rev. 7/22/2011
G E ' O R G I A
In accordance with the Laws of Georgia, the following affidavit is required by all vendors
(Print Name)
NOTARY SEAL
above forms lc, ttoVAl thripepartment no later
ester of Recarrh�i ? rr1 � '+� [ ( fl will denote
•
?Q '• pT AR y l i . %
• i
•
2
W .'
, ••• • •••wv •••• 0 ie■
RFllljl l��R ualion & Design Services
Page 22 of 25
E-Verify
Company ID Number: 21804
Client Company ID Number: 412062
THE E-VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF
UNDERSTANDING FOR EMPLOYERS USING A E- VERIFY EMPLOYER AGENT
ARTICLE I
PURPOSE AND AUTHORITY
ARTICLE II
FUNCTIONS TO BE PERFORMED
A. RESPONSIBILITIES OF SSA
Page 1 of 15 I E -Verify MOU for Employer (Client) using a E -Verify Employer Agent I Revision Date 09/01/09
www.dhs.gov/E-Verify
This Memorandum of Understanding (MOU) sets forth the points of agreement between the
Department of Homeland Security (DHS), Kimley -Horn and Associates, Inc (Employer), and
Abso - Sterling Infosystems Company (E- Verify Employer Agent) regarding the Employer's
and E- Verify Employer Agent'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), the Employer, and the E-
Verify Employer Agent. References to the Employer include the E- Verify Employer Agent when
acting on behalf of 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 or to verify the entire workforce if the contractor so chooses.
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 u Federal contractor with the FAR E- Verify clause") to verify the employment eligibility of
certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive
Order 12989, as amended.
1. SSA agrees to provide the Employer (through the E- Verify Employer Agent) with
available information that will allow 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 the Employer and E- Verify Employer Agent appropriate
assistance with operational problems that may arise during the Employer's participation in
E- Verify. SSA agrees to provide the E- Verify Employer Agent with names, titles, addresses,
and telephone numbers of SSA representatives to be contacted during the E- Verify
E- Verify
Company ID Number: 21804
Client Company ID Number: 412062
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
E- Verify or such other persons or entities who may be authorized by SSA as governed by
the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 CFR Part 401).
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
nonconfirmation 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 nonconfirmation of U.S. citizens'
employment eligibility and accuracy of SSA records for both citizens and non - citizens within
10 Federal Government work days of the date of referral to SSA, unless SSA determines
that more than 10 days may be necessary. In such cases, SSA will provide additional
verification instructions.
B. RESPONSIBILITIES OF DHS
. sicL
A TI
1. After SSA verifies the accuracy of SSA records for employees through E- Verify, DHS
agrees to provide the Employer (through the E -Verify Employer Agent) access to
selected data from DHS's database to enable the Employer (through the E- Verify
Employer Agent) to conduct, to the extent authorized by this MOU:
• Automated verification checks on employees by electronic means, and
• Photo verification checks (when available) on employees.
2. DHS agrees to provide to the Employer and E -Verify Employer Agent appropriate
assistance with operational problems that may arise during the Employer's participation
in E- Verify. DHS agrees to provide the E- Verify Employer Agent names, titles,
addresses, and telephone numbers of DHS representatives to be contacted during the
E- Verify process.
3. OHS agrees to make available to the Employer (through the E -Verify Employer Agent),
at the E- Verify Web site and on the E- Verify Web browser, instructional materials on E-
Verify policies, procedures and requirements for both SSA and DHS, including
restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify.
4. OHS agrees to provide to the Employer (through the E- Verify Employer Agent) a notice,
which indicates the Employer's participation in the E- Verify program. DHS also agrees to
Page 2 of 15 I E- Verify MOU for Employer (Client) using a E- Verify Employer Agent I Revision Date 09/01/09
www.dhs.gov/E-Verify
E-Veri ly
Company ID Number: 21804
Client Company ID Number: 412062
C. RESPONSIBILITIES OF THE EMPLOYER
provide to the Employer (through the E- Verify Employer Agent) 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 E- Verify Employer Agent a user identification number and
password that will be used exclusively by the E -Verify Employer Agent, on behalf of the
Employer, to verify information provided by employees with DHS's databases.
6. DHS agrees to safeguard the information provided to DHS by the Employer (through the
E- Verify Employer Agent), and to limit access to such information to individuals
responsible for the verification of employees' 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
nonconfirmation of employees' employment eligibility within 3 Federal Government
workdays 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 nonconfirmations that is designed to
provide final confirmation or nonconfirmation of the employees' employment eligibility
within 10 Federal Government work days of the date of referral to DHS, unless OHS
determines that more than 10 days may be necessary. In such cases, DHS will provide
additional verification instructions.
1. The Employer agrees to display the notices supplied by DHS (through the E -Verify
Employer Agent) 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 OHS 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. The Employer will obtain the E- Verify User Manual from the
E- Verify Employer Agent.
4. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions:
• If an employee presents a "List B" identity document, the Employer agrees to only
accept "List B" documents that contain a photo. (List B documents identified in 8
Page 3 of 151 E -Verify MOU for Employer (Client) using a E -Verify Employer Agent I Revision Date 09101/09
www.dhs.gov /E- Verify
EVen ly
Company ID Number: 21804
Client Company ID Number: 412062
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 1- 888 - 464 -4218.
• If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form I-
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 photocopy must be of sufficient quality to allow for
verification of the photo and written information. The employer will use the
photocopy to verify the photo and to assist DHS with its review of photo non - matches
that are contested by employees. Note that employees retain the right to present
any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may
in the future designate other documents that activate the photo screening tool.
5. 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,
including 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 4 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 good
faith 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
OHS of continued employment following 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)(1)(A) 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 and E- Verify system compliance inspections during the course of E-
Verify, as well as to conduct any other enforcement activity authorized by law.
6. The Employer agrees to initiate E- Verify verification procedures (through the E- Verify
Employer Agent), 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, or in the case of Federal
contractors with the FAR E- Verify clause, the E- Verify User Manual for Federal
Contractors. 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
Page 4 of 151 E -Verify MOU for Employer (Client) using a E- Verify Employer Agent 1 Revision Date 09!01109
www.dhs.gov/E-Verify
E-VeriFy
Company ID Number: 21804
Client Company ID Number: 412062
inquiries during the period of unavailability. Employers may initiate verification, through
the E- Verify Employer Agent, by notating the Form 1-9 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 (through the E- Verify Employer Agent)
performs an E- Verify employment verification query using the employee's SSN as soon
as the SSN becomes available.
7. 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 (through its E- Verify Employer
Agent) 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 II.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 the E-
Verify system 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.
8. The Employer (through its E- Verify Employer Agent) agrees to follow appropriate
procedures (see Article III. below) regarding tentative nonconfirmations, including
notifying employees in private of the finding and providing them written notice of the
findings, providing written referral instructions to employees, allowing employees to
contest the finding, and not taking 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
III.B. below) to contact DHS with information necessary to resolve the challenge.
9. 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 government 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, or otherwise mistreating an employee) 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
Page 5 of 15 I E -Verify MOU for Employer (Client) using a E- Verify Employer Agent I Revision Date 09/01/09
www.dhs.gov/E-Verify
E-Verify
Company ID Number: 21804
Client Company ID Number: 412062
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).
10. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section
274B of the INA, as applicable, by not discriminating unlawfully against any individual in
hiring, firing, 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 nonconfirmations. The Employer further understands that any
violation of the unfair immigration- related employment practices provisions in section
274B of the INA could subject the Employer to civil penalties, back pay awards, and
other sanctions, and violations of Title VII could subject the Employer to back pay
awards, compensatory and punitive damages. Violations of either section 274B of the
INA or Title VII may also lead to the termination of its participation in E- Verify. If the
Employer has any questions relating to the anti-discrimination provision, it should
contact OSC at 1- 800 -255 -8155 or 1- 800 - 237 -2515 (TDD).
11. 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.
12. The Employer agrees that it will use the information it receives from SSA or DHS
(through the E -Verify Employer Agent) pursuant to E- Verify and this MOU only to confirm
the employment eligibility of employees as authorized by this MOU. The Employer
agrees that it will safeguard this information, and means of access to it (such as PINS
and passwords) to ensure that it is not used for any other purpose and as necessary to
protect its confidentiality, including ensuring that it is not disseminated to any person
other than employees of the Employer who are authorized to perform the Employer's
responsibilities under this MOU, except for such dissemination as may be authorized in
advance by SSA or DHS for legitimate purposes.
13. The Employer acknowledges that the information which it receives through the E- Verify
Employer Agent from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3))
and the Social Security Act (42 U.S.C. 1306(a)), 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.
14. 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 Forms 1 -9 and other employment records and to interview it and its
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E- Verify
Company ID Number: 21804
Client Company ID Number: 412062
STP
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 WITH THE FAR E-VERIFY CLAUSE
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 existing employee assigned to the contract and all new hires, as discussed in the
Supplemental Guide for Federal Contractors. 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 with the FAR E- Verify clause agree to become familiar with
and comply with the most recent versions of the E- Verify User Manual for
Federal Contractors and the E- Verify Supplemental Guide for Federal
Contractors.
b. Federal contractors with the FAR E -Verify clause agree to complete a tutorial for
Federal contractors with the FAR E- Verify clause.
c. Federal contractors with the FAR E- Verify clause not enrolled at the time of
contract award: An Employer that is not enrolled in E -Verify as a Federal
contractor at the time of a contract award must enroll as a Federal contractor with
the FAR E -Verify clause in E- Verify 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 after the date of hire. Once enrolled in E- Verify as a Federal
contractor with the FAR E- Verify clause, the Employer must initiate verification of
employees assigned to the contract within 90 calendar days from the time of
enrollment in the system and then selecting which employees will be verified in
E -Verify or within 30 days of an employee's assignment to the contract,
whichever date is later.
d. Employer that are already enrolled in E- Verify at the time of a contract award but
are not enrolled in the system as a Federal contractor with the FAR E- Verify
clause: 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. Employers enrolled in E- Verify as other than a Federal
contractor with the FAR E- Verify clause, must update E- Verify to indicate that
they are a Federal contractor with the FAR E- Verify clause within 30 days after
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E-Verify
Company ID Number: 21804
Client Company ID Number: 412062
assignment to the contract. If the Employer is enrolled in E- Verify 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 with the FAR
E- Verify clause in E- Verify must initiate verification of each employee assigned to
the contract within 90 calendar days after date of contract award or within 30
days after assignment to the contract, whichever is later.
e. Institutions of higher education, State, local and tribal governments and sureties:
Federal contractors with the FAR E -Verify clause 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 with the FAR E-
Verify clause may, however, elect to verify all new hires, and /or all existing
employees hired after November 6, 1986. The provisions of Article II, part 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 , tribal governments, and sureties.
f. Verification of all employees: Upon enrollment, Employers who are Federal
contractors with the FAR E- Verify clause 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 new employees and those
existing employees assigned to a covered Federal contract. After enrollment,
Employers must elect to do so only in the manner designated by OHS and initiate
E- Verify verification of all existing employees within 180 days after the election.
Form 1 -9 procedures for existing employees of Federal contractors with the FAR
E- Verify clause: Federal contractors with the FAR E- Verify clause (through their
E- Verify Employer Agent) may choose to complete new Forms 1 -9 for all existing
employees other than those that are completely exempt from this process.
Federal contractors with the FAR E -Verify clause may also update previously
completed Forms 1 -9 to initiate E -Verify verification of existing employees who
are not completely exempt as long as that Form 1 -9 is complete (including the
SSN), complies with Article II.C.4, 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.4, if the employee's basis
g.
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E- Verify
Company ID Number: 21804
Client Company ID Number: 412062
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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 Il.C.4, 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.4, 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
Il.C.4, subject to any additional or superseding instructions that may be provided
on this subject in the Supplemental Guide for Federal Contractors. 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 with the FAR E- Verify clause.
2. The Employer understands that if it is a Federal contractor with the FAR E -Verify clause,
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. RESPONSIBILITIES OF THE E-VERIFY EMPLOYER AGENT
1. The E- Verify Employer Agent agrees to provide to the SSA and DHS the names, titles,
addresses, and telephone numbers of the E -Verify Employer Agent representatives who
will be accessing information under E- Verify.
2. The E- Verify Employer Agent agrees to become familiar with and comply with the E-
Verify User Manual and provide a copy of the manual to the Employer so that the
Employer can become familiar with and comply with E- Verify policy and procedures.
3. The E- Verify Employer Agent agrees that any E -Verify Employer Agent Representative
who will perform employment verification queries will complete the E -Verify Tutorial
before that individual initiates any queries.
a. The E -Verify Employer Agent agrees that all E -Verify Employer Agent
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 E- Verify Employer Agent
and Employer from continued use of the program.
4. The E- Verify Employer Agent agrees to obtain the necessary equipment to utilize E-
Verify.
E- Verify
Company ID Number: 21804
Client Company ID Number: 412062
5. The E- Verify Employer Agent agrees to provide the Employer with the notices described
in Article II.B.4 above.
6. The E -Verify Employer Agent agrees to initiate E- Verify procedures on behalf of the
Employer in accordance with the E- Verify Manual and E- Verify Web -Based Tutorial.
The E- Verify Employer Agent will query the automated system using information
provided by the Employer and will immediately communicate the response back to the
Employer. 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 E- Verify
Employer Agent's attempting, in good faith, to make inquiries on behalf of the Employer
during the period of unavailability. In all cases, the E- Verify Employer Agent will use the
SSA verification procedures first, and will use DHS verification procedures only as
directed by the SSA verification response.
7. The E- Verify Employer Agent agrees to cooperate with OHS and SSA in their
compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA,
upon reasonable notice, to review Forms 1-9 and other employment records and to
interview it and its employees regarding the 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.
ARTICLE III
REFERRAL OF INDIVIDUALS TO SSA AND DHS
A. REFERRAL TO SSA
1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must
print the 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
(through the E- Verify Employer Agent), 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 soon 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 (through the E- Verify Employer Agent) within 10
Federal Government work days of the referral unless it determines that more than 10
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E-VeriIy
Company ID Number: 21804
Client Company ID Number: 412062
B. REFERRAL TO DHS
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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 OHS 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 after the Employer receives it.
4. If the employee contests a tentative nonconfirmation issued by OHS, 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 Government
work days.
5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the
Employer will provide the employee with a referral letter to DHS. OHS 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.
6. The Employer agrees that if an employee contests a tentative nonconfirmation based
upon a photo non- match, the Employer (or the E -Verify Employer Agent) will send a
copy of the employee's Form 1 -551 or Form 1 -766 to OHS for review by:
• Scanning and uploading the document, or
• Sending a photocopy of the document by and express mail account (pain for
at employer expense).
7. If the Employer (through the E -Verify Employer Agent) determines that there is a photo
E- Verify
Company ID Number: 21804
Client Company ID Number: 412062
non -match when comparing the photocopied List B document described in Article II.C.4
with the image generated in E- Verify, the Employer (through the E- Verify Employer
Agent) must forward the employee's documentation to DHS using one of the means
described in the preceding paragraph, and allow DHS to resolve the case.
ARTICLE IV
SERVICE PROVISIONS
The SSA and DHS will not charge the Employer or the E -Verify Employer Agent for verification
services performed under this MOU. DHS is not responsible for providing the equipment needed
to make inquiries. A personal computer with Internet access is needed to access the E- Verify
System.
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 OHS 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, the E- Verify User Manual for Federal Contractors,
or the E- Verify Supplemental Guide for Federal Contractors. Even without changes to E-
Verify, DHS reserves the right to require employers to take mandatory refresher tutorials.
An Employer that is a Federal contractor with the FAR E- Verify clause may terminate this
MOU when the Federal contract that requires its participation in E- Verify is terminated or
completed. In such a circumstance, the Federal contractor with the FAR E- Verify clause
must provide written notice to OHS. If an Employer that is a Federal contractor with the FAR
E- Verify clause fails to provide such notice, that Employer will remain a participant in the E-
Verify program, will remain bound by the terms of this MOU that apply to participants that
are not Federal contractors with the FAR E- Verify clause, and will 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 access to E- Verify if it is
deemed necessary because of the requirements of law or policy, or upon a determination by
SSA or OHS that there has been a breach of system integrity or security by the E- Verify
Employer Agent or the Employer, or a failure on the part of either to comply with established
procedures or legal requirements. The Employer understands that if it is a Federal
contractor with the FAR E- Verify clause, termination of this MOU by any party for any reason
may negatively affect the Employer's performance of its contractual responsibilities.
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E- Verify
Company ID Number: 21804
Client Company ID Number: 412062
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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 E- Verify Employer Agent, the Employer, or
their 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 civil or criminal, and for any liability
wherefrom, including (but not limited to) any dispute between the E- Verify Employer Agent
or 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 E- Verify Employer Agent or the
Employer.
F. 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, the Employer
and the E- Verify Employer Agent.
Kimley -Hom and Associates. Inc (Employer) hereby designates and appoints Abso -
Sterlina Infosystems Company (E- Verify Employer Agent), including its officers and
employees, as the E -Verify Employer Agent for the purpose of carrying out Kimley -Hom and
Associates. Inc (Employer) responsibilities under the MOU between the Employer, the E-
Verify Employer Agent, and DHS.
VeriFy
Company ID Number: 21804
Client Company ID Number: 412082
The individuals whose signatures appear below represent that they are authorized to enter into
this MOU on behalf of the Employer, the E -Verify Employer Agent and OHS respectively.
If you have any questions, contact E- Verify at 1-888-464-4218.
Approved by:
Employer :Kimlev -Horn and Associates. Inc
&a let 44#4
Name (Please ype:or Print) •
E Verify: Ei player'Agent ` Abso - 8ter ina Infosvvtems Coirltaariv
Slime King ...
me (Please .:T
ndSecurity:° VIficattooDh
04/29/2011
Date , . .
Signature ?..,
Name (Please Type or Print)
Electronically Signed
Signature
Departmeflt. of Home
N
Signature
Information Required
For the E Verify E-Verify Employer Agent Program
Information relating to your Company:
Page 14 of 151 EVerity MOU for Employer (Client) using a E- Verity Employer Agent i Revision Date 09/01/09 '
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wry
g►1
EVen Fy
Company ID Number: 21804
Client Company ID Number: 412062
Company Name:Kimley -Horn and Associates, Inc
Company Facility Address:3001 Weston Parkway
County or Parish: WAKE
Employer Identification
Number: 560885616
North American Industry
Classification Systems
Code:237
Administrator:
Cary, NC 27513
Number of Employees: 1,000 to 2,499
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Augusta, GA Engineering Department
APPENDIX(S)
CONSULTANT SERVICES AGREEMENT
ROUNDABOUT EVALUATION AND DESIGN SERVICES
PROJECT NUMBER: N/A
CRITERIA
DESIGN SPECIFICATIONS
APPENDIX A
STANDARD SPECIFICATIONS
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 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 Lighting current edition, and the Standard Specifications for Road 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 GDOT's 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
data, created as a result of the design process. The Consultant shall include appropriate level
A -2
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.
ECONOMICAL 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.
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. Consultant Safety Requirements
APPENDIX B
SURVEY SPECIFICATIONS
Augusta, GA Engineering Department
Consultant Services Agreement
Roundabout Evaluation And Design Services
Project Number:
December 2012