HomeMy WebLinkAboutAWARD OF RFP #16-182 HAZARD MITIGATION PLAN UPDATE TO ATKINS NORTH AMERICA, INC. STATE OF GEORGIA
COUNTY OF RICHMOND
CONTRACT
This Contract is by and between Augusta, Georgia, a political subdivision of the State of
Georgia, by and through its Board of Commissioners, (hereinafter referred to as "AUGUSTA"),
whose address is 535 Telfair Street, Augusta, Georgia 30901, and Atkins North America, Inc.
(hereinafter referred to as ("CONTRACTOR"), whose physical and mailing address is 1600
RiverEdge Parkway,NW, Suite 600 Atlanta, Georgia 30328.
WITNESSETH
WHEREAS, AUGUSTA has duly applied for and been awarded a Federal Grant to
complete a Hazard Mitigation Plan Update for Augusta, Georgia, and the municipalities that
reside within Richmond County boundaries, including the municipalities of Hephzibah and
Blythe; and,
WHEREAS, funding for this project is provided by the Georgia Emergency
Management Agency (GEMA) and the Federal Emergency Management Agency's (FEMA)
Hazard Mitigation Grant Program (HMGP); and being Project Number PDMC-PL-04-GA-
2015-001/HPD15-0018; and,
WHEREAS, AUGUSTA is able to contract with an organization or individual to provide
consulting and technical services to the Augusta Board of Commissioners for the completion,
submittal, and approval by FEMA of an updated Multi-Jurisdictional Hazard Mitigation Plan for
Augusta and its municipalities of Hephzibah and Blythe; and,
WHEREAS, Augusta requires consultant services to assist various Augusta departments
and the municipalities of Hephzibah and Blythe, in gathering up-to-date hazard information in
order to identify hazards (both short-term and long-term), assessing current hazard related risks,
prioritizing current hazard risks, updating goals and objectives, and developing an
implementation plan by identifying activities that will help prepare for and reduce the impact of
natural or man-made disasters, which services were sought through RFP # 16-182 Hazard
Mitigation Plan Update for the City of Augusta- Emergency Management Agency; and,
WHEREAS, AUGUSTA's long-term goal is to create resistance to disasters through
planning for hazard mitigation before disaster strikes, and ensure that, through recovery planning
for both land and waterways, the community integrates concepts and principles of sustainable
development through the preparedness, prevention, recovery, and reconstruction phases of the
process; and,
WHEREAS, CONTRACTOR is willing and able to perform professional services and is
capable of conducting hazard and risk assessment and planning for natural disasters to include
but not limited to floods (to include flash floods, riverine floods and urban drainage flooding),
wind hazards (to include, hurricanes & tropical storms, tornadoes, and high winds/severe
storms), severe winter storms (to include ice storms, freezing drizzle/freezing rain, sleet and
wind chill), drought, urban wildland fire interface and hazardous materials; and evaluate other
hazards such as earthquakes, subsidence, landslides, and shoreline erosion to assess if current
conditions warrant inclusion in the Plan; and
WHEREAS, CONTRACTOR was selected as the most responsive and responsible bidder
to RFP# 16-182, Hazard Mitigation Plan Update for The City of Augusta Emergency
Management Agency based on its submittal thereto.
NOW THEREFORE, in consideration of the following mutual promises, covenants, and
conditions, AUGUSTA and CONTRACTOR enter into this Contract as follows:
OBLIGATIONS OF CONTRACTOR
1. The CONTRACTOR shall perform the work and services as herein provided,
according to the"Project Timetable (page 3 of the Proposal dated June 9, 2016)", which is
attached hereto and incorporated herein by reference; and as set forth in RFP # 16-182, Hazard
Mitigation Plan Update for Augusta, Georgia Emergency Management Agency; and, pursuant to
all requirements as set forth in the approved Scope of Work for August-Richmond County's
Hazard Mitigation Grant Program(HMGP) planning project, designated as PDMC-PL-04-GA-
2015-001/HPD15-0018; and, pursuant to all provisions of Augusta's Grant Application and the
Grantee/Sub-Grantee Agreement; and pursuant to GEMA's template for doing the Plan; and,
finally, be compliant with all requirements of HMGP, PDM-C and FMA funding sources.
2. The CONTRACTOR, nor anyone acting for the CONTRACTOR, shall at any time
impose any obligation, debt or burden of any kind or nature in the name of or charged to
Augusta, Georgia or any department or division thereof.
3. The CONTRACTOR is deemed to be an independent contractor and shall be
responsible for the payment of all employees' salaries, and for all other expenses incurred in
connection with the performance of the duties and responsibilities established hereunder, except
as otherwise provided.
4. The CONTRACTOR covenants that it presently has no interest and shall not acquire
any interest, direct or indirect, which would conflict in any manner or degree with the
performance required under this Contract. CONTRACTOR further covenants that in the
performance of this Contract, no person having any such interest shall be employed or contracted
with.
5. The CONTRACTOR acknowledges that all records relating to this Contract and the
services to be provided under the contract, may be a public record subject to Georgia's Open
Records Act (O.C.G.A § 50-18-70, et seq.). CONTRACTOR shall cooperate fully in responding
to such request and make all records not exempt, available for inspection and copying as
provided by law.
6. The CONTRACTOR certifies that neither it, nor its principals, are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any Federal department or agency.
7. The CONTRACTOR certifies that:
A)No federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned,to any person for influencing or attempting to influence an
officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any federal contract, the making of any federal grant, the making of
any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any federal
contract, grant, loan, or cooperative agreement.
B) If any funds other than federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
federal contract, grant, loan, or cooperative agreement,the undersigned shall
complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying", in accordance with its instructions.
8. CONTRACTOR will submit the initial draft of the Hazard Mitigation Plan Update to
AUGUSTA no later than December 1, 2016. CONTRACTOR will submit the final draft of the
Hazard Mitigation Plan Update to AUGUSTA no later than March 1, 2017. The final invoice to
AUGUSTA may be submitted to AUGUSTA at the time of delivery of the final draft Hazard
Mitigation Plan Update, at earliest, but no later than August 1, 2017.
9. CONTRACTOR will address all the comments made by GEMA's review of the Final
Draft of the Hazard Mitigation Plan Update, and make all revisions within thirty (30) days.
10. The CONTRACTOR will conduct at least two public meetings: 1)to identify issues;
and 2) to present the draft plan. This Plan shall meet the criteria of FEMA's Section 322 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 44CFR, Parts 201 and 206,
enacted under Sec. 104 of the Disaster Mitigation Act of 2000 (DMA 2000).
11. CONTRACTOR will provide The Hazard Mitigation Plan Update for submission to
the Georgia Emergency Management Agency and the Federal Emergency Management Agency,
in final form, by March 1, 2017.
12. CONTRACTOR will collect data from AUGUSTA and complete the AUGUSTA
application for the Community Rating System(CRS) and assist AUGUSTA with Emergency
Management Accreditation Program application.
13. CONTRACTOR can submit invoices to AUGUSTA. All Invoices by the
CONTRACTOR shall include a progress report showing percent of work complete and shall
include copies of completed work where applicable. Payment requests shall not exceed the
percentage of work complete.
14. The CONTRACTOR will make any and all modifications to the Hazard Mitigation
Plan Update that may be required by GEMA and FEMA after submission, within the time frame
specified by GEMA or FEMA for the revisions, without further or additional charge to
AUGUSTA.
OBLIGATIONS OF AUGUSTA, GEORGIA
15. Augusta shall pay CONTRACTOR a fee of no more than forty-nine thousand, six
hundred and seventy-one dollars ($49,671.00), which includes the flood-risk assessments and
non-flood risk assessments for Augusta-Richmond County and for the municipalities of
Hephzibah and Blythe.
16. Within thirty(30) calendar days of submission, in final form, of the Hazard
Mitigation Plan Update and approval of the invoices by the Augusta-Richmond County
Emergency Management Agency and the Augusta Planning& Development Department but no
later August 1, 2017 AUGUSTA will pay CONTRACTOR in full.
17. AUGUSTA, and the appropriate offices representing AUGUSTA, shall participate in
and contribute to the planning process and will furnish, without charge to the CONTRACTOR,
information and support services (including GIS services) as mutually agreed upon. Those
offices expressly acknowledge that the timeliness of their response and reviews has a direct
bearing on the successful scheduling of the work and development of the deliverables.
18. AUGUSTA will produce hard copies of the final draft and final Hazard Mitigation
Plan Update for review and approval by the Augusta Commission's Public Safety Committee
and Augusta Commission. The cost of time and labor used for this production will be counted
towards local in-kind services match.
GENERAL PROVISIONS
19. The terms of this Contract is from the day and year below written through December
1, 2017, or approval of the Hazard Mitigation Plan Update by GEMA and FEMA, whichever
date is later, unless terminated earlier pursuant to the provisions of Paragraph (C) (2).
20. Any revisions to the Hazard Mitigation Plan Update as required by GEMA and
FEMA must be completed within thirty (30) calendar days of the receipt of the revisions.
21. Either party may terminate this Contract by providing written notice of such intent
thirty(30) calendar days in advance of termination date. In the event of termination by either
party, CONTRACTOR agrees to cease all work, to turn over to AUGUSTA all materials
acquired for this contract work, and to submit AUGUSTA an invoice for work performed prior
to termination.
22. This Contract is subject to all applicable regulations, laws, policies, guidelines and
requirements of the Federal Emergency Management Agency and the Georgia Emergency
Management Agency, with respect to Multi-Hazard Mitigation Planning Guidance under the
Disaster Mitigation Act of 2000, published by FEMA March 2004, and any special conditions or
regulations relating to the application, acceptance and use of federal funds for a federally assisted
project. All work shall meet the requirements of 44 Code of Federal Regulations Part 201,
Mitigation Planning, Interim Final Rule (the Rule), published February 26,2002.
23. No part of the funds provided under the terms of this Contract shall be used directly
or indirectly to pay for any personal service, advertisement, telegram, telephone, letter, printed or
written matter, or other device, intended or designed to influence in any manner a member of
Congress, to favor or oppose, by vote or otherwise, any legislation or appropriation by Congress,
whether before or after the introduction of any bill or resolution proposing such legislation or
appropriation.
24. All data assembled and documents prepared to carry out the AUGUSTA, GA Hazard
Mitigation Plan Update, or as provided by AUGUSTA, is the property of AUGUSTA. All
publications, reproductions, and copyright privileges is the property of AUGUSTA.
25. Vendor shall, at all times that this Contract is in effect, cause to be maintained in force
and effect an insurance policy(s) that will ensure and indemnify Augusta against liability or
financial loss resulting from injuries occurring to persons or property or occurring as a result of
any product defect, or negligent error, act, or omission of the Vendor in performance of the work
during the term of this Contract. Vendor shall provide, at all times that this Contract is in effect,
insurance with limits of not less than:
A. Workmen's Compensation Insurance in accordance with the State of Georgia;
B. Public Liability Insurance in an amount of not less than One Million
($1,000,000) Dollars for injuries, including those resulting in death to any one
person, and in an amount of not less than One Million ($1,000,000) Dollars on
account of any one occurrence;
C. Property Damage Insurance in an amount of not less than One Million
($1,000,000) from damages on account of an occurrence, with an aggregate
limit of One Million ($1,000,000) Dollars;
D. Valuable papers Insurance- in an amount sufficient to assure the restoration of
any plans, drawings, filed notes, or other similar data relating to the work
covered by the Project; and
E. Professional Liability Insurance in an amount of not less than One Million
($1,000,000) Dollars or an amount that correlates to the aggregate fee on the
project should it exceed $1,000,000.
Augusta will be named as an additional insured with respect to Contractor's liabilities
hereunder in insurance coverage' identified in items B & C. The policies shall be written by a
responsible company(s), to be approved by Augusta, and shall be non-cancellable except on thirty
(30) days written notice to Augusta. Such policies shall name Augusta as co-insured, except for
worker's compensation and professional liability policies,and a copy of such policy or a certificate
of insurance shall be filed with the director at the time of the Execution of this Contract.
26. This Contract is intended by the Parties to, and does, supersede any and all
provisions of the Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any
provision of this Contract is inconsistent with any provision of the Prompt Pay Act, the provision
of this Contract shall control.
27. This Contract is at all times subject to applicable State and Federal laws, standards,
rules and regulations now existing or which may be hereafter enacted or adopted.
28. This Contract and all rights, privileges and responsibilities shall be interpreted and
construed according to the laws of the State of Georgia.
29. All claims, disputes, and other matters in question between the AUGUSTA and the
CONTRACTOR arising out of or relating to this Contract, or the breach thereof, shall be decided
in the Superior Court of Richmond County, Georgia. The CONTRACTOR, by executing this
Contract, acknowledges and consents to the jurisdiction and venue is in Richmond County and
waives any right to contest the jurisdiction and venue in the Superior Court of Richmond County,
Georgia.
30. The failure of AUGUSTA at any time to require performance by the
CONTRACTOR of any provision hereof, shall in no way affect the right of AUGUSTA
thereafter,to enforce that same provision or any part of the Contract, nor shall the failure of
AUGUSTA to enforce any breach of any provision hereof be taken or held to be a waiver of such
provision, or as a waiver, modification, or cancellation of the Contract itself.
31. The parties to t 's ontract shall adhere to the terms of RFP #16-182 awarded to the
CONTRACTOR dated i 10 , and all conditions therein, including
CONTRACTOR'S submission in response thereto, shall be met as specified in said RFP.
32. The Contract represents the sole and complete understanding of the terms of the
Contract between the parties hereto and may be amended, changed, or modified only by a written
document signed by the parties hereto.
33. Notices pursuant to this agreement shall be given by deposit in the custody of the
United States Postal Service, postage prepaid, addressed as follows:
AUGUSTA: Hardie Davis, Jr, Mayor
Augusta, Georgia
535 Telfair Street, Suite 200
Augusta, GA 30901
CONTRACTOR: Atkins North America, Inc
1600 RiverEdge Pkwy NW
Suite 600
Atlanta, GA 30328
Alternatively, notices required pursuant to this Contract may be personally served in the
same manner as is applicable to civil judicial practice. Notice shall be deemed given as of
the date of personal service or as of the date of deposit of such written notice in the
course of transmission in the United States Postal Service.
34. CONTRACTOR acknowledges that this contract and any changes to it by
amendment, modification, change order or other similar document may have required or may
require the legislative authorization of the Board of Commissioners and approval of the Mayor.
Under Georgia law, CONTRACTOR is deemed to possess knowledge concerning Augusta,
Georgia's ability to assume contractual obligations and the consequences of CONTRACTOR'S
provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment,
modification, change order or other similar document, including the possibility that the
CONTRACTOR may be precluded from recovering payment for such unauthorized goods or
services. Accordingly, CONTRACTOR agrees that if it provides goods or services to Augusta,
Georgia under a contract that has not received proper legislative authorization or if the
CONTRACTOR provides goods or services to Augusta, Georgia in excess of the any
contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code,
Augusta, Georgia may withhold payment for any unauthorized goods or services provided by
CONTRACTOR. CONTRACTOR assumes all risk of non-payment for the provision of any
unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to
other remedies for the provision of any unauthorized goods or services to Augusta, Georgia,
however characterized, including, without limitation, all remedies at law or equity.
35. All contractors and subcontractors entering into contracts with Augusta, Georgia 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 Augusta, Georgia has registered with and is participating
in a federal work authorization program. All contractors and subcontractors 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. S 1310-91 and shall continue to use the federal
authorization program throughout the contract term. All contractors shall further agree that,
should it employ or contract with any subcontractor(s) in connection with the physical
performance of services pursuant to its contract with Augusta, Georgia CONTRACTOR will
secure from such subcontractor(s) each subcontractor's E- Verify number as evidence of
verification of compliance with O.C.G.A. § 13-10-91 on the subcontractor affidavit provided in
Rule 300-10-01-.08 or a substantially similar form. All contractors shall further agree to maintain
records of such compliance and provide a copy of each such verification to Augusta, Georgia at
the time the subcontractor(s) is retained to perform such physical services
36. In accordance with Chapter 10B of the Augusta, GA. Code, CONTRACTOR
expressly agrees to collect and maintain all records necessary for AUGUSTA to evaluate the
effectiveness of its Local Small Business Opportunity Program and to make such records
available to AUGUSTA. 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, CONTRACTOR is
required to provide local small business utilization reports. CONTRACTOR shall report to
AUGUSTA the total dollars paid to each local small business on each contract, and shall provide
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such payment affidavits,regarding payment to subcontractors as may be requested by
AUGUSTA. Such documents shall be in the format specified by the Director of minority and
small business opportunities, and shall be submitted at such times as required by AUGUSTA.
Failure to provide such reports within the time period specified by AUGUSTA shall entitle
AUGUSTA to exercise any of the remedies set forth, including but not Iimited to, withholding
payment from CONTRACTOR.
37. This Contract is executed in duplicate, each of which is deemed an original of equal
dignity with the other and is deemed one and the same instrument as the other.
IN WITNESS WHEREOF, the parties hereto have signed, sealed, and delivered these presents
thisday of 4hA3IASA' , 2016.
CONTRACTOR: ATKINS NORTH AMERICA, INC. AUGUSTA, GEORG
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