RES 2022-31 Adopted RESOLUTION NO. 2022-31
AUTHORIZING THE CITY OF NORTH AUGUSTA
TO ENTER INTO A PROFESSIONAL ENGINEERING SERVICES CONTRACT
WITH KIMLEY-HORN AND ASSOCIATES, INC.. TO PERFORM DESIGN
SERVICES FOR THE GEORGIA AVENUE TRAFFIC CALMING AND
PEDESTRIAN ACCESS STUDY
WHEREAS, the City of North Augusta desires to retain the services of
KIMLEY-HORN AND ASSOCIATES, INC. to provide services related to the evaluation and
design of potential transportation infrastructure needs along Georgia Ave; and
WHEREAS, two (2) firms responded to a "Request for Proposals" and were
reviewed by a committee consisting of the Director of Planning and Development,the Assistant
City Administrator, Director of Engineering and Public Works, Aiken County Planning
Director, Aiken County Transportation Planner and representatives of South Carolina
Department of Transportation and the Federal Highway Administration; and
WHEREAS, based upon the ranking of the firms, it has been determined that
KIMLEY-HORN AND ASSOCIATES, INC. was the preferred contractor; and
NOW THEREFORE, BE IT RESOLVED by the Mayor and City Council of the
City of North Augusta, South Carolina, in meeting duly assembled and by the authority thereof
that the City is authorized to enter into professional engineering services contract with
KIMLEY-HORN AND ASSOCIATES, INC. to provide transportation study services.
BE IT FURTHER RESOLVED that the City Administrator is authorized to
execute such documents as necessary to enter into said contracts for an amount not to exceed
$50,000
BE IT FURTHER RESOLVED that 80% of contract cost will be reimbursed
by ARTS MPO Planning Funds, with a 20% match for funding for the transportation study
services shall be from the Planning& Development Professional Services budget line item.
DONE, RATIFIED AND ADOPTED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF NORTH AUGUSTA, SOUTH CAROLINA, ON THIS 18+-h
DAY OF TuJ 2022.
Brit . Williams, Mayor
ATTEST: �p
�iir"�1. ,�uMLLLLJ
Sharon Lamar
City Clerk
0
AGREEMENT AND CONTRACT BETWEEN
CITY OF NORTH AUGUSTA
AND
KIMLEY-HORN AND ASSOCIATES. INC
SECTION I. GENERAL RECITALS
THIS AGREEMENT and Contract, made and entered into this day of
20 , by and between the City of North Augusta, South Carolina, hereinafter referred to as
"CITY", and Kimley-Horn and Associates. Inc., a corporation organized and existing under and
by virtue of the laws of the North Carolina and qualified to do business in the State of South
Carolina,with its/principal offices in Raleigh,NC 27601 located at 421 Favetteville Street, Suite
600, Raleigh, NC 27601, hereinafter referred to as"Consultant'.
WITNESSETH:
WHEREAS, the CITY and the South Carolina Department of Transportation, hereinafter
"Department", entered into a Local Public Agency Agreement which addresses the
responsibilities of the parties thereof under the herein project; and
WHEREAS, the CITY desires to employ Consultant to furnish personnel and render
professional engineering services for use and benefit of the CITY in the development of the
project as hereinafter more particularly described; and
WHEREAS, the Consultant has represented to the CITY that the Consultant is
experienced and qualified to provide the services contemplated by this Agreement and the CITY
has relied Lipon such representation; and
NOW, THEREFORE, in consideration of these premises and of the mutual
covenants herein set forth, it is agreed by and between the parties hereto as follows:
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SECTION II. SCOPE OF SERVICES REQUIRED OF CONSULTANT
A. PROJECT DESCRIPTION. Provide Engineering Services forthe Georgia Avenue
Traffic Calming and Pedestrian Study Federal Highway Administration (SC PL)
Grant project funding of$40,000 and the 20% match from North Augusta Planning
and Development (SC PL Match) of$10,000. The study will encompass an
approximately 1.5-mile corridor along Georgia Avenue from the bridge over the
Savannah River north to Martintown Road.The study will be concentrated in the
commercial area south of Jackson Avenue, but should acknowledge the importance of
continuing improvements along the remaining corridor. The study limits will
generally use West Avenue and East Avenue as the western and eastern limits of the
study,however, the contributing areas may be considered. Suggested improvements
outside this area or areas for future study may result from this study. The Consultant
will Provide a detailed project list and recommendations for specific improvements
along SCDOT and local right-of-ways related to pedestrian, bicycle and other
alternative transportation methods, ranking of projects based on cost, effort,impact,
and feasibility, and Identification of alternate funding sources.
B. GENERAL STATEMENT OF CONSULTANTS ASSIGNMENT. For the
heretofore described project, Consultant will provide engineering services as described
in ATTACHMENT "A", SCOPE OF SERVICES AND SCHEDULE,attached hereto
and specifically made a part of this Agreement. Work and liaison will be performed
by the Consultant through its Columbia office in Columbia, South Carolina.
SECTION III. SERVICES OF CITY
The CITY agrees to provide to Consultant, and at no cost to Consultant, the services and
data set forth in ATTACHMENT "B" SERVICES OF THE CITY,attached hereto and
specifically made a part of this Agreement. Liaison for the CITY will be through the
Director of Planning and Development or authorized designee.
SECTION IV SCHEDULE (TIME OF PERFORMANCE)
The effective date of this Agreement will be the date of execution as shown in Section
I. The Consultant shall begin work upon receipt of the CITY's written notice to proceed.
Consultant will prosecute all phases of the work in an expedient manner, exclusive of
required review time by the CITY and if applicable the Department and the Federal
Highway Administration as set forth in ATTACHMENT "A" SCOPE OF SERVICES
AND SCHEDULE.
SECTION V. FEE AND COSTS
For the services covered under this AGREEMENT, Consultant shall be compensated by
the CITY as follows:
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A. LUMP SUM. For all work, materials, and services famished under the terms of
this Agreement, it is mutually agreed by and between Consultant and the CITY that
compensation to Consultant will be a Lump Sum Amount of$50,000.00.
B. PROGRESS PAYMENTS. Consultant will be paid in accordance with the
milestone payment schedule as presented in Attachment C, attached hereto and
incorporated herein.
C. INDIRECTRATE: Consultant and their subconsultants shall comply with
SCDOT's Procurement Policy Memorandum (dated February 2, 2011) Implementing
FHWA Order4470.IA, dated October 27, 2010. This memorandum and FHWA Order
reference a requirement for an approved Federal Acquisition Regulation (FAR) compliant
indirect cost rate to be on file with SCDOT.
D. NON-ALLOWABLE COST.The CITY shall not reimburse Consultant for any
expenses relating to business development activities, attendance at any special event,
function, or ceremony where attendance is for social purposes. This does not include
special events, functions or a ceremony in which a written the CITY request and approval
has been given to Consultant to attend for the purpose of speaking and/or presenting
purposes, or assisting the CITY staff with preparation and delivery of the function.
Consultants are required to certify compliance with this paragraph on all invoices.
E. TOTAL COMPENSATION. The amount of compensation set forth in
ATTACHMENT "C" of this AGREEMENT shall be the amount payable by the CITY to
CONSULTANT.
F. COST RECORDS. Consultant, and its authorized subconsultants, shall maintain
cost records in such manner as to comply with the policies set forth in Procurement,
Management, and Administration of Engineering and Design Related Services (23 CFR
172) and also in Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards(2 CFR 200), and other directives as appropriate.
G. PURCHASE AND RENTAL/LEASE. The CITY considers that Consultant should
have the necessary equipment and other items to perform consultant work described in the
scope of services. In those cases, where it becomes necessary to purchase, lease, or rent
equipment or other items with project funds,prior written CITY approval is required. All
equipment and other items approved by the CITY for purchase with project funds shall
become the property of the CITY at the completion of the project.
H. RELOCATION COSTS. Consultant has represented to the CITY that Consultant
has the necessary personnel to perform Consultant's scope of services, and CITY has relied
upon such representation. The CITY will not pay any relocation costs.
SECTION VI.MODE OF PAYMENT
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A. Monthly Invoices. For services perforated in this Agreement, Consultant shall
be paid monthly based on an approved invoice. Monthly or partial payments, at
the discretion of the CITY, may have appropriate retainage withheld until
completion and acceptance of the work.
B. Acceptable Invoices. The CITY considers an acceptable invoice to include:
1. A breakdown of man-hours by classification and rate
2. A line item for overhead
3. A line item for profit
4. A breakdown for other direct costs
5. A breakdown for sub-consultant services
6. Signature of certification by an authorized representative of the firm
7. The CITY'S Project Manager may request additional certifications
relating to work performed.
NOTE: For approved unit cost agreements numbers 1,2 and 3 may be combined
and identified by services, volume and rate. Numbers 4 and 5 shall be by
breakdown costs.
C. Certification of prompt payment to sub-consultants. Consultant shall certify on
each invoice for payment that the charges thereon are true and correct. The
submittal of such invoice shall constitute the Consultant's certification that all
sub- consultants have incurred the charges shown on the invoice, will be paid
within seven (7) days upon receipt of payment from the CITY, and have been
paid for all charges shown on previous invoices.
D. Prompt release of retainage. The Consultant may withhold as retainage up to
five (5%) percent of a sub-consultant's payment until satisfactory completion
of all work items of a subcontract. "Satisfactory completion of all work items
of the subcontract" shall mean when the CITY pays the Consultant for the last
work item of the subcontract. The Consultant must release to the sub-
consultant any retainage withheld within seven (7) calendar days of the date
the Consultant receives payment from the CITY for the last work item of the
subcontract.
E. Sanctions for failure to comply. Failure to comply with any of the above prompt
payment provisions shall result in one or more of the following sanctions: (1) no
farther payments being made to the Consultant until compliance is achieved; (2)
the Consultant being declared in default of the Contract; ( 3) the CITY
terminating the Contract in accordance with Section VII.Paragraph (K) of this
Agreement.
SECTION VIL GENERAL PROVISIONS
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The CITY and the Consultant mutually agree as follows:
A. OWNERSHIP OF DOCUMENTS. Basic notes, sketches, charts and other data
prepared, furnished or obtained under this Agreement will become the property
of the CITY without restriction or limitation on their use. No material produced in
whole or in part under this Agreement will be subject to copyright in the United States
or in any other country. The CITY shall have unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or in part, any reports, data, or other
materials prepared under this Agreement. The CITY shall retain ownership of all
plans, drawings, specifications and related documents.
B. INFORMATION TECHNOLOGY. All program management systems, software, or
information technology products developed or utilized by Consultant for the project
shall be able to interface with information technology systems utilized by the CITY and
Department. All systems, software,or information technology developed for this project
shall become the sole property of the CITY and Department upon Contract completion,
including any source code. No program management systems, software or information
technology products produced in whole or in part under this Agreement will be subject
to copyright by Consultant. The CITY and Department shall have unrestricted authority
to publish, disclose, distribute and otherwise use, in whole or in part, all program
management systems, software, or information technology products prepared by
Consultant, or its sub-consultants, under this Agreement.
C. FINDINGS CONFIDENTIAL. Any reports, information, data, etc. furnished to or
prepared or assembled by the Consultant under this Agreement which the CITY
requests to be kept as confidential will not be made available to any individual or
organization by the Consultant without prior written approval of the CITY. This section
does not prohibit the release of information required under Federal or State "Freedom of
Information (FOI)" statutes.
D. PROGRESS. The Consultant shall at all time work closely with the designated
representatives of the CITY and shall keep them fully advised as to the status of the
work. The Consultant or his authorized representative will be present at all conferences,
field inspections and other meetings as may be requested by the CITY. Conferences
or consultations may be called at any time by either party to this Agreement. The plans
and work of the Consultant will be available to the CITY, and if applicable to appropriate
representatives of the Federal Highway Administration for review at all times.
E. QUALITY CONTROL.All work by Consultant is to be done in a manner satisfactory to
the CITY and in accordance with the established customs, practices, and procedures of
the CITY, State of South Carolina, Federal Highway Administration, including
compliance with applicable sections of the Department/Federal Highway Administration
STEWARDSHIP AND OVERSIGHT PLAN, dated June 2014 (included herein by
reference) and any revisions thereto, and in conformity with the standards adopted by
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the American Associations of State Highway and Transportation Officials and approved
by the Secretary of Transportation as provided in Title 23, U. S. Code, Section 109-13,
as amended. For work involving the development of plans, the Consultant shall
implement all necessary quality control measures to produce plans that conform to the
DEPARTMENT and FHWA guidelines and standard, including the aforementioned.
Prior to submittal to the DEPARTMENT, all plans shall be thoroughly reviewed by
the CONSULTANT for completeness, correctness, accuracy and consistency with the
aforementioned requirements. Plan sheets shall be initialed as applicable by both the
preparer and the reviewer to indicate appropriate quality reviews have been completed.
CONSULTANTshall maintain copies of any quality control documents, including check
prints, throughout the duration of the project, with them becoming part of the official
file, and shall submit copies of these to the DEPARTMENT upon request.
F. INSPECTION OF WORK. The CITY, Department and their authorized representatives
shall have access to and the right to inspect all project work and materials during regular
business hours of the Consultant. The Consultant and its subcontractors shall keep and
preserve all books, documents,papers, accounting records, and other evidence pertaining
to costs incurred and make such materials available at its respective offices at reasonable
times during the Contract period and for three years from date of final payment under
the Contract for inspection by the CITY, if applicable any authorized representative of
the Department and the Federal Highway Administration, and copies thereof shall be
furnished if requested.
G. CHANGES IN CONTRACT. The CITY may desire Consultant to render services for
changes in connection with this project in addition to that provided for by the express
provisions of this Agreement. Such additional services for changes will require a contract
modification, setting forth the nature and scope of such additional services and the
compensation therefor, as determined by mutual agreement between the CITY and
Consultant. Work under such contract modification shall not proceed until formally
approved by the CITY and if applicable the Department and the Federal
Highway Administration.
H. DELAYS AND EXTENSIONS. The Consultant agrees to prosecute the work
continuously and diligently and no charges or claims for damages shall be made by
Consultant for any delays or hindrance, from any cause whatsoever during the progress
of any portion of the services specified in this Agreement. Such delays or hindrances,
if any, may be compensated for by an extension of time for such reasonable period as
the CITY may decide. Time extensions may be granted only for excusable delays
such as delays beyond the control and without the fault or negligence of the
Consultant.
I. FAILURE TO MAINTAIN SATISFACTORY PROGRESS
The Consultant will proceed with the work in a timely fashion, providing sufficient
manpower and resources to meet the commitment to schedules, milestones, and
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completion dates set forth in the Contract. The CITY may monitor the progress of the
work to determine that the work is progressing sufficiently to meet the commitments
agreed to in the Contract.
The CITY's Program Manager may make a preliminary finding of
delinquency if at any time the Consultant has not met the schedules, milestones, or
completion dates established in the Contract, and it appears unlikely that the work will
be completed by the specified date. Upon review of the preliminary finding of
delinquency, the CITY's Program Manager may issue a Preliminary Notice of
Delinquency. The Consultant will have 15 days to present information to the CITY
as to why the Consultant should not be found delinquent. This information should
contain a specific plan of action to meet the Contract schedules, milestones, and
completion dates and/or show circumstances beyond the Consultant's control that have
directly affected the Consultant's ability to meet the commitments in the Contract.
Upon review of the information submitted, the CITY's Program Manager will make
a determination to place or not place the Consultant in a delinquent status. If
determination of delinquent status is made, the CITY's Program Manager will issue a
Final Notice of Delinquency. A Consultant receiving a Final Notice of Delinquency
may appeal within 15 days to the CiTY's Administrator for a review of the
delinquent status.
A Consultant receiving a Final Notice of Delinquency may be terminated under the
terms of this Agreement.
J. TERMINATION OFCONTRACT.
(a) This Contract may be terminated by the CITY at any time for the
convenience of CITY by written notice to Consultant specifying the termination date
of the Contract. In the event of such termination of the Contract by the CITY the
Consultant will be compensated on a quantum meruit basis for its work satisfactorily
performed through the termination date.
(b) Consultant also has the right to terminate this Contract if the CITY
unreasonably fails to timely provide the service required of the CITY under scope of
services or unreasonably fails to make timely payment for Consultant services
rendered. In the event of such termination which is not the fault of Consultant,
the CITY shall pay to Consultant the compensation properly due including reasonable
overhead and profit on work performed for services properly performed (prior to the
effective date of the termination) and for reasonable reimbursable expenses properly
incurred as a result of the termination.
(c) In the event Consultant through any cause fails to perform any of the
terms, covenants, or provisions of this Contract on its part to be performed, or if it for
any cause fails to make progress in work hereunder in a reasonable manner, or if the
conduct of Consultant impairs or prejudices the interest of the CITY, or if Consultant
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violates any of the terns, covenants, or provisions of this Contract, the CITY shall have
the right to ternnate this Contract by giving seven (7) days-notice in writing of the
termination and date of such termination to Consultant. The CITY shall have the sole
discretion to permit the Consultant to remedy the cause of the contemplated
termination without waiving the CITY's right to terminate the Contract. All drawings,
specifications, and other documents relating to the design or supervision of consultant
work shall be surrendered forthwith by Consultant to the CITY. The CITY may take
over work to be done under this Agreement and prosecute the work to completion by
contract or otherwise, and Consultant shall be liable to the CITY for all reasonable
cost in excess of what the CITY would have paid the Consultant had there been no
termination.
K. DISPUTES. In any dispute concerning a question or fact in connection with
the work of this Agreement, or compensation therefore, the decision of the CITY
in the matter shall be final and conclusive for both parties.
L RESPONSIBILITY FOR CLAIMS AND LIABILITY. The Consultant shall
assume certain risks in connection with the performance of this Agreement and shall be
liable for and shall indemnify and hold harntless the CITY and other agencies of
government from claims and liability due to negligent acts of the Consultant, its
subcontractors, agents or employees in connection with the prosecution and completion
of the work covered by this Agreement.
Consultant shall, until this Agreement has been fully performed or until it has been
terminated by the CITY,take out and maintain as a normal business expense Liability
and Professional Errors and Omissions Insurance with coverage in the amount not less
than customarily carried by any party in the performance of similar work and Public
Liability and Property Damage Insurance with coverage in the amount not less than
customarily carried by any party in the performance of similar work and in such form
and with such insurance carriers as are available to it and acceptable to the CITY.
Consultant will secure and maintain such insurance, including vehicular insurance, as
will protect it from claims under worker's compensation acts, claims for damages
because of bodily injury including personal injury, sickness or disease, or death of any
of its employees or of any person other than its employees, and for claims for damages
because of injury to or destruction of tangible property including loss of use resulting
therefrom.
M. GENERAL COMPLIANCE WITH LAWS. The Consultant and its subcontractors shall
at all times observe and comply with all Federal, State and local laws, ordinances and
regulations affecting the conduct of the work.
N. SUBLETTING,ASSIGNMENT ORTRANSFER. The Consultant shall not assign,
sublet, or transfer any of the work, except as specifically provided for under the terms
of this Contract, without prior written consent of the CITY. Such consent does not
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release or relieve the Consultant, as principal, from any of its obligations and liabilities
under this Agreement.
The Consultant shall furnish all Contract provisions to each sub-consultant which shall
apply to all sub-consultant agreements. All sub-consultant agreements shall be provided
to the CITY by the Consultant upon request.
O. ETHICS ACT. By execution of this Agreement Consultant certifies Consultant
is in compliance with South Carolina's Ethics, Government Accountability, and
Campaign Reform Act of 1991, as amended. The following statutes require special
attention: (a) Offering, giving, soliciting, or receiving anything of value to influence
action of public employee —Section 8-13- 790, (b) Recovery of kickbacks- Section
8-13-790, (c) Offering, soliciting, or receiving money for advice or assistance of
public official — Section 8-13-720, (d) Use or disclosure of confidential information
— Section 8-13-725, (e) Persons hired to assist in the preparation of specifications
or evaluation of bids — Section 8-13-1150, (f) Solicitation of state employees —
Sections 8-13-755, 8-13-760 and 8-13-725.
P. DRUG FREE WORK PLACE CERTIFICATION. By execution of this
Agreement Consultant certifies Consultant will comply with all applicable provisions of
The Drug-Free Workplace Act, Title 44, Chapter 107 of the South Carolina Code of
Laws, as amended.
Q. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants
that it has not employed or retained any company or persons, other than a bona fide
employee working solely for the Consultant, to solicit or secure this Contract, and
that he has not paid or agreed to pay any company or person, other than a bona fide
employee working solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration, contingent upon or resulting from
the award or making of this Contract. For breach or violation of this warranty,
the Department shall have the right to annul this Contract without liability or, at
its discretion, to deduct from the Contract price or consideration, or otherwise
recover, the full amount of such fee,commission, percentage, brokerage fee, gifts, or
contingent fee.
R. TITLE VI. CIVIL RIGHTS ACT OF 1964. During the performance of this Agreement,
Consultant, for itself, its assignees and successors in interest agrees as follows:
I. Compliance with Regulations:
Consultant shall comply with the regulations relative to non-discrimination
in Federally-assisted programs of the United States Department of Transportation (Title 49,
Code of Federal Regulations, Part 21, hereinafter referred to as "Regulations"), which are
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herein incorporated by reference and made a part of this Agreement.
2. Non-discrimination:
Consultant, with regard to work performed by it after award and prior to
completion of the Contract work, shall not discriminate on the grounds of race, religion,
color, sex, age, handicap, national origin, or political affiliation in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. The
Consultant shall not participate either directly or indirectly in the discrimination prohibited
by Section 21.5 of the Regulations, including employment practices when the Contract
covers a program set forth in Appendix B of the Regulations.
3. Solicitations for Sub-contracts including Procurements of Materials and
Equipment:
In all solicitations, either by competitive bidding or negotiation made by
Consultant for work to be performed under a subcontract, including procurements of
materials or lease of equipment, each potential subcontractor or supplier shall be notified
by Consultant of Consultant's obligations under this Agreement and the Regulations relative
to non-discrimination on the grounds of race, religion, color, sex, age, handicap, national
origin, or political affiliation.
4. Infomration and Reports:
Consultant shall provide all information and reports required by the
Regulations, or directions issued pursuant thereto, and shall permit access to its books,
records, accounts, other sources of information and its facilities as may be detemained
by the CITY and/or Department to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of Consultant is
in the exclusive possession of another who fails or refuses to furnish this
information, Consultant shall so certify to the CITY, and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Non-compliance:
In the event of Consultant's non-compliance with the non-discrimination
provisions of this Contract, the CITY and/or Department shall impose such contract
sanctions as it may determine to be appropriate, including, but not limited to:
(a) Withholding of payments to Consultant under the Contract until
Consultant complies, and/or
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(b) Cancellation, termination or suspension of the Contract, in whole or in part.
6. Incorporation of Provisions:
Consultant shall include the provisions of Paragraphs 1 through 6 in every
subcontract, including procurements of materials and leases of equipment, unless exempt by
the Regulations, or directions issued pursuant thereto. Consultant shall take such action with
respect to any subcontract or procurement as the CITY, may direct as a means of enforcing such
provisions, including sanctions for non-compliance. Provided, however, that in the event
Consultant becomes involved in, or is threatened with, litigation with a sub-contractor or
supplier as a result of such direction, Consultant may request the CITY and/or Department to
enter into such litigation to protect the interest of the CITY and/or Department and, in
addition, Consultant may request the United States to enter into such litigation to protect the
interest of the United States.
S. MINORITY BUSINESS ENTERPRISE.
(a) Policy. It is the policy of the CITY to ensure nondiscrimination in the
award and administration of federally-assisted contracts and to use Disadvantaged Business
Enterprises (DBEs) in all types of contracting and procurement activities according to State
and Federal laws. This Contract is subject to the provisions of the Department's DBE
program and 49 CFR Part 26.
(b) Consultant/Sub-consultant assurances. Neither the consultant,nor its sub-
consultants, shall discriminate on the basis of race, color, national origin or sex in the
performance of this Contract. The Consultant shall cagy out applicable requirements of 49
CFR Part 26 in the award and administration of federally-assisted contracts. Failure by the
Consultant, or any of its sub-consultants, to carry out these requirements is a material breach
of this Contract,which may result in the termination of this Contract or such other
remedy as the CITY deems appropriate. Consultant shall advise its sub-consultant of
these provisions by including this clause in each of its subcontracts.
(c) Ouoter information. At the conclusion of this Contract, the Consultant
shall submit to Department the names and addresses of all sub-consultants who quoted
subcontracts for this Contract.
(d) Reports on Sub-consultant payments. At the conclusion of this
Contract, the Consultant shall report to the CITY all payments made to sub-consultants on
this Contract. The report shall include the following information as to each sub-consultant:
the name and address ofthe sub-consultant and the total payments made to the sub-consultant.
T. EQUAL EMPLOYMENT OPPORTUNITY. In connection with the execution
of this Contract, Consultant shall not discriminate against any employee or applicant for
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employment because of race, religion, color, sex or national origin. Consultant shall comply
with Executive Order 11246, as amended by the Executive Order 11375, and as supplemented
by Department of Labor Relations (41 CFR, Part 60) (OMB Circular A-102, Attachment O;
Part 14C) and shall take affirmative action to ensure that applicants are employed and that
employees are treated during their employment without regard to their race, religion, color,
sex, or national origin. Such actions will include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff
or termination; rates of pay, or other forms of compensation; and selection for training,
including apprenticeship.
U. PARTICIPATION BY FOREIGN CONSULTANTS AND SUB-
CONSULTANTS
The CITY will not consider for award any proposal submitted by any consultant,
and will not consent to subletting any portions of the Contract to any sub-consultant, of a
foreign country during any period in which such foreign country is listed by the United States
Trade Representative as discriminating against U. S. firms in conducting procurements for
public works projects.
For the purpose of this Special Provision, any consultant or sub-consultant who
is a citizen or national of a foreign country or is controlled directly or indirectly by citizens or
nationals of a foreign country, shall be considered to be a consultant or sub-consultant of
such foreign country.
V. PROHIBITION ON PROCUREMENTOF CERTAIN TELECOMUNICATIONS
EQUIPMENT. In accordance with 2 CFR 200.216, Consultants. in the performance of this
Contract, are prohibited from procuring or obtaining telecommunication or video surveillance
equipment, services, or systems produced by:
• Huawei Technologies Company or ZTE Corporation (or any subsidiary or
affiliate of such entities).
• Hytera Communications Corporation,Hangzhou Hikvision Digital Technology
Company, or Dahua Technology Company (or any subsidiary or affiliate of
such entities).
W. COMPLIANCE CONCERNING ILLEGAL ALIENS. By execution of this
Agreement the Consultant as the prime consultant does hereby agree:
a) to certify its compliance with the requirements of Chapter 14 of Title 8 of the
S.C. Code of Laws regarding Unauthorized Aliens and Public Employment;
b) to provide the CITY with any documents required to establish such
compliance upon request; and
c) to register and participate and require agreements from sub-consultants to
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register and participate in the federal work authorization program to verify the
employment authorization of all new employees, or to employ only workers who
supply the documents required pursuant .to S.C. Code 8-14-20(B),(2).
X. SUCCESSORS AND ASSIGNS. The CITY and Consultant each binds itself,
its successors, and assigns to the other party with respect to these requirements, and also
agrees that neither party shall assign, sublet, or transfer its respective interest in the Agreement
without the written consent of the other.
Y. ENTIRE AGREEMENT. This Agreement with referenced exhibits, and/or
attached certifications, and attachments constitutes the entire Agreement between the parties
and,except for contract modifications prepared in accordance with provisions thereof, there are
no collateral contracts or agreements between the parties relating to this work. The execution
of this Agreement by the parties hereto represents the execution of each individual certification
hereof. This Agreement and Contract is to be interpreted under the laws of the State of South
Carolina.
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IN WITNESS WHEREOF, the parties herein have executed this Agreement as of the
day and year first written above.
Signed, sealed and executed for the Consultant:
WITNESS: (Consultant's Legal Name)
By:
(Signature)
Title:
Federal ID No.:
Signed, sealed and executed for the CITY:
WITNESS:
By:
(Signature)
Title:
14 Revised 10/23/14
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ENGINEER CERTIFICATION FORPROJECT PLANS AND SPECIFICATIONS
Consultant's Name:
Route Number:
File Number:
Project Number:
Project Description:
In order to advance projects in an expeditious and efficient manner. hereby assigns to the above-
named consulting firm, hereinafter referred to as the Undersigned, and the Undersigned accepts full responsibility for all
project plan and specification reviews including the approval of all information, dimensions, quantities. details and designs
involved in the preparation and production of the project plans and specifications for the above-named project. Inaccepting
this responsibility, the undersigned makes the following certification.
THE UNDERSIGNED CERTIFIES to be a South Carolina registered engineering firm with absolute authority
to accept the responsibility for the project plans and specification involved in the project; and,
THE UNDERSIGNED CERTIFIES to produce project plans and specifications that will conform with all guidelines
and requirements stated in this Agreement unless a specific deviation has been requested in writing and approved by the
DEPARTMENT,and, if applicable. the Federal Highway Administration (FHWA); and,
THE UNDERSIGNED CERTIFIES that all project plans and specifications will be checked in their entirety for
completeness, correctness, accuracy and consistency with other details in all respects, and will be thoroughly reviewed by the
undersigned consulting firm to be in compliance with the requirements in effect at the time of submission to the
and
THE UNDERSIGNED CERTIFIES that each project plan sheet submitted on this project will be signed and
sealed by a South Carolina Registered Engineer; and.
THE UNDERSIGNED CERTIFIES that all of the work performed under this Contract will be performed in
accordance with the special provisions and specifications, and will be performed so as to meet or exceed reasonable standard
ofcare ofthe profession; and
THE UNDERSIGNED CERTIFIES that by signing and sealing the plans, the undersigned assumes full,
complete and conclusive liability for all discrepancies, errors or omissions found at any time in the plans or specifications.
Further, that all corrections to the plans or specifications will be made at the consultant's expense and the consultant will
not include the cost of corrections of faulty or deficient work on its invoice to the : and
THE UNDERSIGNED FURTHER CERTIFIES that it agrees that failure to meet any of the above requirements
may be deemed just cause,at the discretion of the ,for withholding payment on the Contract and/or termination
of the Contract, without damages due to the Undersigned by
This Engineering Certification for Project Plans and Specification is attached to and becomes part of the
Agreement and project, with all terms and conditions of the Agreement and project applicable hereto.
Scal
Firm:
By:
Date
Title:
15 Revised 10/23/14
CERTIFICATION OF CONSULTANT
I hereby certify that I am the/a duly authorized representative of the Consultant and
that neither I nor the above consultant I here represent has:
(a) employed or retained for a commission, percentage, brokerage, contingent fee,
or other consideration, any firm or person (other than a bona fide employee
working solely for me or the above Consultant) to solicit or secure this
Agreement;
(b) agreed, as an express or implied condition for obtaining this Agreement, to
employ or retain the services of any firm or person in connection with carrying
out the Agreement, or
W paid, or agreed to pay, to any firm, organization or person (other than a bona
fide employee working solely for me or the above Consultant) any fee,
contribution, donation, or consideration of any kind for, or in connection
with, procuring or carrying out the Contract except as here expressly stated (if
any).
(d) been debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department,state
department or agency thereof. The Consultant further certifies full compliance
with 23 CPR 633 Subpart A of the Federal Code.
I acknowledge that this certificate is to be furnished to the CITY,Department, the Federal
Highway Administration, and the U.S. Department of Transportation,and is subject to applicable
State and Federal laws, both criminal and civil.
By: Date:
16 Revised 10/23/14
CERTIFICATION OF CITY
I hereby certify that I am the CITY ADMINISTRATOR of the CITY OF NORTH
AUGUSTA of the State of South Carolina and that the above Consultant or its representative
has not been required, directly or indirectly, as an express or implied condition in connection
with obtaining or carrying out this Agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person, or
(b) pay, or agree to pay, to any firm, person, or organization, any fee,
contributions, donations, or consideration of any kind, except as here expressly
stated (if any).
I acknowledge that this certificate is to be furnished to the Department, Federal
Highway Administration, and U. S. Department of Transportation, and is subject to applicable
State and Federal laws, both criminal and civil.
By: Date:
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Certification for Grants Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
( 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of any Federal agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form
to Report Lobbying", in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including sub-grants, and contracts and
subcontracts under grants, sub-grants, loans, and cooperative agreements) which exceed
$100,000, and that all such sub-recipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when
this transaction was made or entered into. Submission of this certification is a prerequisite for
making or entering into this transaction imposed by Section 1352, Title 31. U.S. Code. Any
person who fails to file the required certification shall be subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each such failure.
By: Date:
18 Revised 10/23/14
ATTACHMENT"A"
SCOPE OF SERVICES
ANDSCHEDULE
See Attachment/Exhibit "A"
19 Revised 10/23/14
ATTACHMENT`B"
SERVICES OF THE CITY OF NORTH AUGUSTA
The CITY agrees to provide to the CONSULTANT,and at no cost to the CONSULTANT,
the following upon request:
l) direction relative to key stakeholder's involvement and input; and
2) information related to approved developments and planned growth along the corridor;
and
3) feedback on project directives; and
4) support for interagency coordination.
20 Revised 10/23/14