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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 No RFQ may be withdrawn for a period of 90 days after time has been called on the date of opening.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. GC2 Roundabout Evaluation and Design Services ACCURACY OF WORK The CONSULTANT shall be responsible for the accuracy of the work and shall promptly correct its errors and omissions without additional compensation. Acceptance of the work by the CITY will not relieve the CONSULTANT of the responsibility for subsequent correction of any errors and the clarification of any ambiguities. At any time during the construction of the improvement provided for by the plans or during any phase of work performed by others based on data secured by the CONSULTANT under the Agreement, the CONSULTANT shall confer with the CITY for the purpose of interpreting the information obtained and to correct any errors or omissions made by it. The CONSULTANT shall prepare any plans or data required by the CITY to correct its errors or omissions. The above consultation, clarification, or correction shall be made without added compensation to the CONSULTANT. The CONSULTANT shall give immediate attention to these changes so there will be a minimum of delay to others. CONTRACTUAL OBLIGATIONS The consultant acknowledges that this Agreement and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, the consultant is deemed to possess knowledge concerning CITY'S ability to assume contractual obligations and the consequences of the consultant provision of goods or services to CITY under an unauthorized Agreement, amendment, modification, change order or other similar document, including the possibility that the consultant may be precluded from recovering payment for such unauthorized goods or services. Accordingly, the consultant agrees that if it provides goods or services to CITY under a Agreement that has not received proper legislative authorization or if the CONSULTANT provides goods or services to CITY in excess of the any contractually authorized goods or services, as required by City's Charter and Code, CITY may withhold payment for any unauthorized goods or services provided by the consultant. The consultant assumes all risk of non - payment for the provision of any unauthorized goods or services to CITY, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to CITY, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all CITY Agreements for goods and services, except revenue producing Agreements. HOLD HARMLESS Except as otherwise provided in this agreement, the consultant shall indemnify and hold harmless CITY, and its employees and agents from and against all liabilities, claims, suits, GC3 Roundabout Evaluation and Design Services 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 GC4 Roundabout Evaluation and Design Services 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. GC5 Roundabout Evaluation and Design Services DESIGN AND REVIEW MANAGER The Design and Review Manager (Assistant Director of Engineering) or his duly appointed representative(s) shall act as the Liaison Engineer between the CONSULTANT and the CITY and all utilities, and authorities or governments whose properties will be affected. The CONSULTANT shall arrange for conferences, for exchanges of data and information, and for necessary approvals. All correspondence, data, information, and reports shall be directed to the Design and Review Manager to provide for proper distribution to the parties concerned. All conferences, including telephone conversations and decisions, shall be reduced to writing by the CONSULTANT and at least two (2) copies shall be forwarded to the Design and Review Manager within seven (7) calendar days of the event. The CONSULTANT shall meet with the CITY for review of the work or submit in writing a project status update on a monthly basis or as determined by the CITY. The Design and Review Manager will expedite any necessary decisions affecting the performance of the CONSULTANT's Agreement, but the CONSULTANT shall not make use of the Design and Review Manager's services on trivial or minor matters normally to be decided by the CONSULTANT. If the project includes work for Augusta Utilities, an AU Liaison Engineer will act in the same capacity as the AED Design and Review Manager does for the roadway design work. Both the AU Liaison Engineer and the AED Design and Review Manager shall be copied on all correspondence including documented phone conversations and minutes of meetings. The CONSULTANT shall coordinate directly with the AU Liaison Engineer on matters directly related to water and sewer work. CONSULTANT COORDINATION The CONSULTANT shall cooperate fully with the Georgia Department of Transportation, Federal Highway Administration, CONSULTANTs on adjacent projects, and CONSULTANTs for final bridge plans, municipalities and local government officials, utility companies, railroads, and others, as may be directed by the CITY. Such cooperation shall include attendance at meetings, discussions, and hearings, as may be requested by the CITY, furnishing plans and other data produced in the course of work on the Project, as may be requested from time to time by the CITY to effect such cooperation and compliance with all directives issued by the CITY in accordance with this agreement. It is understood and agreed that the Georgia Department of Transportation and Federal Highway Administration may have access to the work and be furnished information as directed by the CITY. GC6 Roundabout Evaluation and Design Services CONTRACT DISPUTES This Agreement shall be deemed to have been executed in CITY, and all questions of interpretation and construction shall be governed by the Laws of the State of Georgia. All claims, disputes and other matters in question between the Owner and the CONSULTANT arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. The CONSULTANT, by executing this Agreement, specifically consents to venue in Augusta and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. CONTRACT TERMINATION Pursuant to O.C.G.A. 36- 60 -13, this Agreement shall terminate absolutely and without further obligation on the part of the CITY at the close of the calendar year in which this Agreement is executed and at the close of each succeeding calendar year for which the agreement may be renewed by the parties hereto. This Agreement shall nevertheless automatically be renewed unless the CITY provides written notice to the CONSULTANT of its intention to terminate the Agreement at least thirty days prior to the close of the calendar year for which the Agreement is presently effective between the parties and /or has been renewed by the CITY. This Agreement shall obligate the CITY solely for those sums payable during the initial term of execution or in the event of renewal by the CITY for those sums payable in such individual renewal terms. Notwithstanding the foregoing language, the CONSULTANT agrees to continuously render the professional services specified by the Agreement to the CITY for such terms or renewal terms as are effective pursuant to this Agreement and for which the CITY agrees to pay in accordance with the terms of the Agreement or any future amendments thereto. The CITY may terminate this contract in part or in whole upon written notice to the CONSULTANT. The CONSULTANT shall be paid for any validated services under this Contract up to the time of termination. SUSPENSION OF THE WORK, TERMINATION AND DELAY To the extent that it does not alter the scope of this Agreement, the CITY reserves the right of unilaterally ordering, without any cause, a temporary stopping of the work, or delay of the work to be performed by the Consultant under this Agreement. CITY will not be held liable for compensation to the Consultant for an extension of contract time or increase in contract price, or both, directly attributable to this action of CITY. GC7 Roundabout Evaluation and Design Services COORDINATION WITH THE NATIONAL GEODETIC SURVEY If a National Geodetic Survey control point is found during the surveying phase, it is to be identified and brought to the attention of the Construction Manager. If it is to be affected based on the proposed design, at the direction of the Construction Manager, the CONSULTANT shall contact the National Geodetic Survey (NGS) advisor at the Georgia Department of Community Affairs (DCA) and request data on geodetic control points during the preliminary evaluation phase of project design. (Address: NGS c/o DCA, 1200 Equitable Building, Atlanta, Georgia 30303. Telephone: 404 - 656 -5527, FAX: 404 - 656 -9792. CONSULTANT shall provide the NGS Advisor with a clear copy of the pertinent USGS 7.5' Quad sheet(s) showing the project location. Preliminary information, even in rough outline, is sufficient to allow the advisor to determine impact of the proposed project on NGS and USGS control points. Continued coordination with the advisor to relocate and /or preserve affected control points will be maintained throughout the project life. This coordination shall be implemented as soon as possible after receipt of Notice to Proceed by the CITY. COORDINATION WITH UTILITIES Where privately, publicly or cooperatively owned utility companies will require rearrangements in connection with the proposed construction, the CONSULTANT shall furnish prints or reproducible for the utility owners as directed by the CITY and check the utilities' submitted plans for avoidance of conflicts with the road construction details or with the facilities of other utilities. This may require numerous submittals to the utility companies. The CONSULTANT shall also submit a final set of construction plans to all utilities. The CONSULTANT shall make no commitments with the utilities which are binding upon the CITY. If the project includes work for the Augusta Utilities (AU), the CONSULTANT shall research all Augusta Utilities records and act on behalf of the AU to identify the existing facilities on the submitted roadway plans for avoidance, or resolution, of conflicts with the road construction details or with the existing or proposed facilities of other utilities. CONTINGENT FEES The consultant is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification, or defeat of any legislative action on the part of the CITY Commission the consultant shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the CITY Commission. DELIVERY OF NOTICES All written notices, demands, and other papers or documents to be delivered to the CITY under this Agreement shall be delivered to the CITY's office, @ 505 Telfair Street, CITY 30901, or at GC8 Roundabout Evaluation and Design Services 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 GC9 Roundabout Evaluation and Design Services INSURANCE Prior to beginning work, the CONSULTANT shall obtain and furnish certificates to the CITY for the following minimum amounts of insurance: A. Workmen's Compensation Insurance in accordance with the laws of the State of Georgia. B. Public Liability Insurance in an amount of not less than One Hundred Thousand ($100,000.00) Dollars for injuries, including those resulting in death to any one person, and in an amount of not less than Three Hundred Thousand ($300,000.00) Dollars on account of any one occurrence. C. Property Damage Insurance in an amount of not less than Fifty Thousand ($50,000.00) Dollars from damages on account of any occurrence, with an aggregate limit of One Hundred Thousand ($100,000.00) Dollars. D. Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the Project. E. Professional Liability Insurance in an amount that correlates to the amount of this Agreement and nature of the project. PERSONNEL The CONSULTANT represents that it has secured or will secure, at its own expense, all personnel necessary to complete this Agreement, none of whom shall be employees of, or have any contractual relationship with, the CITY. Primary liaison with the CITY will be through its designee. If the project includes AU work, the CONSULTANT shall identify, in writing, a water /sewer project manager responsible for direction and coordination of this portion of the project. All of the services required hereunder will be performed by the CONSULTANT under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under law to perform such services. All professional personnel, including SUB - CONSULTANTS, engaged in performing services for the CONSULTANT under this Agreement shall be indicated in a personnel listing attached hereto as Exhibit "A" and incorporated herein by reference. No changes or substitutions shall be permitted in the CONSULTANT's key personnel as set forth herein without the prior written approval of the Director or his designee. The CONSULTANT shall employ in responsible charge of supervision and design of the work only persons duly registered in the appropriate category; and further shall employ only qualified surveyors in responsible charge of any survey work. The CONSULTANT shall endorse all reports, contract plans, and survey data. Such endorsements shall be made by a person duly registered in the appropriate category by the GC10 Roundabout Evaluation and Design Services Georgia State Board of Registration for Professional Engineers and Land Surveyors, being in the full employ of the CONSULTANT and responsible for the work prescribed by this Agreement. RESPONSIBILITY FOR CLAIMS AND LIABILITY The CONSULTANT shall be responsible for any and all damages to properties or persons caused by its employees, SUB - CONSULTANTS, or agents, and shall hold harmless the CITY, its officers, agents, and employees from all suits, claims, actions, or damages of any nature whatsoever to the extent found to be resulting from the CONSULTANT, its SUB - CONSULTANTS, or its agents in the negligent performance or non - performance of work under this Agreement. These indemnities shall not be limited by reason of the listing of any insurance coverage. REVIEW OF WORK Authorized representatives of the CITY may at all reasonable times review and inspect the project activities and data collected under the Agreement and amendments thereto. All reports, drawings, studies, specifications, estimates, maps and computations prepared by or for the CONSULTANT, shall be available to authorized representatives of the CITY for inspection and review at all reasonable times in the main offices of the CITY. Acceptance shall not relieve the CONSULTANT of its professional obligation to correct, at its expense, any of its errors in work. The Engineering Department may request at any time and the CONSULTANT shall produce progress prints or copies of any work as performed under this Agreement. Refusal by the CONSULTANT to submit progress reports and /or plans shall be cause to withhold payment to the CONSULTANT until the CONSULTANT complies with the CITY's request in this regard. The CITY's review recommendations shall be incorporated into the plans by the CONSULTANT. RIGHT TO ENTER The CONSULTANT shall notify all property owners or occupants of the intent to enter properties for the purpose of accomplishing surveys or other field investigations in accordance with the practices of the CITY. The CONSULTANT shall discuss with and receive approval from the Augusta Engineering Department prior to sending said notices of intent to enter private property. Upon request by the CONSULTANT, the CITY will provide the necessary documents identifying the CONSULTANT as being in the employ of the CITY for the purpose described in the Agreement. If the property owner or occupant denies the CONSULTANT permission to enter, such incident will be reported to the CITY and the CITY will initiate such action as is dictated by current policy and procedure. SUBCONTRACTING The CONSULTANT shall not subcontract any part of the work covered by this Agreement or permit subcontracted work to be further subcontracted without the CITY's prior written approval of the SUBCONSULTANT. The CITY will not approve any SUBCONSULTANT for work GC11 Roundabout Evaluation and Design Services covered by this Agreement that has not been recommended for approval the Construction Manager. All subcontracts in the amount $5,000 or more shall include, where possible, the provisions set forth in this Agreement. SUPERVISION AND CONTROL The CONSULTANT shall perform the services required to accomplish the work plan as stated above under such control and supervision by the CITY, as the CITY may deem appropriate. GC12 Roundabout Evaluation and Design Services 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 Page 6 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 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 Page 7 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 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. Page 8 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 Page 9 of 15 I E -Verify MOU for Employer (Client) using a E- Verify Employer Agent I Revision Date 09/01109 www.dhs.gov!E -Verify 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 Page 10 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-VeriIy Company ID Number: 21804 Client Company ID Number: 412062 B. REFERRAL TO DHS Page 11 of 15 I E- Verify MOU for Employer (Client) using a E -Verify Employer Agent I Revision Date 09101/09 www.dhs.govlE Verify 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. Page 12 of 15 I E-Verify MOU for Employer (Client) using a E -Verify Employer Agent I Revision Date 09/01/08 www.dhs.gov/E-Verify E- Verify Company ID Number: 21804 Client Company ID Number: 412062 Page 13 of 15 ( E- Verify MOU for Employer (Client) using a E- Verify Employer Agent i Revision Date 09/01/09 www.dhs.gov /E -Verify 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 ' www.dhs.gov/E-Verify 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 Page 15 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 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