Contract for three firms for Penny Tax Program

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PROGRAM

MANAGEMENT

AGREEMENT

Between

RICHLAND COUNTY SOUTH CAROLINA

And

RICHLAND PDT

A

Joint

Venture

of

M. B.

Kahn

Construction Co. Inc.

ICA

Engineering Inc. and Brownstone Construction Group

LLC

For

PROGRAM DEVELOPMENT

PROGRAM MANAGEMENT

AND

OTHER

SERVICES

Relating to The

RICHLAND COUNTY

SALES TAX

TRANSPORTATION

IMPROVEMENT

PROGRAM

Effective Date: November 3 2014



Table of Contents

I Re lationship and General Responsibilities of the Parties ................................................ 4

A.

Gene

ral

Scope

........... ................................................ ................ ..

..

.. .......... .................................... 4

8. Definitions ........ ...... ......... ................ .............. ....... ..................... ................... ... ... ....................... ... 5

C. Contr

ac

tor's Relationship wi th

Coun

ty ........................................................................................ I I

II. Contractor

's

Program Developme

nt

Duties ............................... ................. ..................... 11

A.

The

Pro

gra

in ........................................................................................................ ........ ................ I I

8 .

The Scope of

Work

.

....

..

..... ..................... .........

..

..... ...... ........... ..

..

....... ...... ... ....

..

....

..

................... 12

C.

Compensation

....................... .

..

.

..

............. .......................................................... ..... .............

..

.

..

.. 12

III. Contractor's Project-Specific Related Duties•............................................................... 13

A.

Cont

r

actor

s Project

Specific

Res

pon

sibilities ....... .......................................... ....... .................... 13

8. Compensation

for

Tasks

through VI is provid

ed

for at Section V

II

I 13

C. Contractor's Ge

neral Pro j

ec

t Relat

ed

Du

ti

es

.............................................................................. 14

IV. Paveme

nt

Management Progran1....................................................................................... 14

V.

Sidewalk

and

G reenway Program ................................................ ..................................... 14

VI. Ou t

of

Scope

A

dditional Services ................................................................... ............... 14

VII. Inspection and Acceptance ...................................................................... ........................ 15

VIII.

Con

1p

ensa tion ................................................. ........................... .......................................15

A.

Compensat

ion for

Co

n

tractor's

Program Re lated Services

(Task

I, Exh ibit

8)

............... ......... . 15

8. Compen

sa

tion for Project Specific

Serv

i

ces (Tasks

- ; V-VI,

Exh

ibit

8)

.......................... ... 16

C. Compen

sa

tion for Right-of-Way Acquisition

(Task

IV, Exhibit

8)

... ...................................... 18

D. Compensation

for P

ave

ment

Man

agement

Program

(Task

VI Exh ibit

8)

....................... ........

19

E.

Compensation

for S id

ew a

lk and

Greenwav

Program (Task VI ,

Exhib

it

8)

...... .................

..

... 19

F. Compensatio

n for Additional

Se

rvices ................................................... .................................... 19

G.

Cont

rac t

or

's

Share of

Li

quidated Damages

.................... ........

..

.... ..... ................. ......... ............... 2 1

H. Payments...........

..

............... .... ............. .

..

.

..

....... ......

.. ..

...... ......... ..... ... .

..

....................... .

..

.

..

.

..

... .

..

..2 1

IX. Sc

hedule

s a

nd

Time ............................ ................................................................................ 23

A.

Schedu

l

es

........... ..... .......................................................... ........ ............ .................................. .... 23

8.

Cla

ims

fo

r

Add

iti

ona

l

Time

and

Related

Compe

nsation by

Contractor

............................. ... ..... 23

X. Changes ................................. ......................................................................................................... ... 24

A.

Change Orders .

..... ...................

..

........................ .... .............. ......................... ..........

.. ..

.......... ....

.. 24

8 . Use of C hange

Order

......... ....... ................... ........ ................................ ......................... ..............

24

C.

Construct

ion

Change

Di rec tive ...... ... ............................................................... ........................... 25

D. Cost

of Change ....................................................... ........................ .... ........................................ 25

E. Disputed Ch

ange

.. ... ................ .......... ... ................ ..... ...... ............. ...... ............ .................. ........ ...25

2



F

Cap on Overhead; Profit.. . ......

.

................

............................................... .................. ........... 25

G No Course of Dealing ........................... ...... ................ ................ . ........... . . ..................... 26

XI. C l

aims

.................. ............................................•..•..................................... ............................. ............ 26

A Cla

irn

............................. ............. ......... . ......... .......... .......... ................... ................................. 26

B No

ti

ce

of

Claim .........

...... .............. ..................................................... .

.

...

.

........................ 26

C. Continued Work ................... .................... .........

......

.

.......................

.................

.

....... 27

XII

Term

a nd Termination ........................................ .......• •••• ....•..... .... ...•...... ••• ••••••• • ........

27

A

Te

rm

....................................... .....

.

.

.

.

............................................. ........................... .......... 27

B. Termination for Cause ............................ . ......... ....................................................... ............... 27

C. Term

in

ation Without Cause (for Convenience)... ........... ........ ................ ... ...................... .. 29

D Effect ofTennination ......... . ................................................ ........... . ...... . ............. . ....... 29

E. Su spension

of

the Services ........................................... ....... ............................. ........... ........ .. 30

XIII. Insura

nc

e Requi rements ............................................................................. ........... ........................30

XIV. SLBE

and

DBE

Ma nagement. ......................... ...................................................... ...................... 33

A SLBE and DBE Law Compliance .................................. ........ . . ... ..... . ..... . ... . 33

B Sheltered Market Program ....... ............... . . ..... . ........... ................... . ................. ........ 40

C

DBE Participation Programs . .............. . . ........................................... .................................. 40

D

Student Internship Program .................... ........................... ......................

............... .

............. 40

E Central Ernployment Database ........ . . . . ......... . .......... . ....... ........... ........................... ....... 40

F Bus iness

Engage1

nent.. ....... .... ...................................... ...........

.

.

.

.

.

..

..... ........

.... ...40

G

SLBE Certifications ...............................

.... ........

......... ......................... .

..................... ......

4

XV. General Provisions ............................................................................................. ................. .......... 41

A

lndemni fication .... ..........................

................

................... ......................... ......................

41

B Applicable Laws ...... . ....... . . ..... ........................ ............... ................ . ........ ..... . 42

C. Governing Law/Disputes ......................................................... . . ................ .... ............... ....... .44

D. Permits and

Li

censes ...................... . ................ .

....................................................................

44

E

Safety. Health. and Security Precautions ....... ...... ............. .................. ............................

......... .44

F

Contractor s Record Keeping Duties and FO IA ........................ ..... . . .... ........ ....... . . .. 45

G

No Gratuities or Kickbacks ........................ ......

..................................... ................... ............... 47

H. Subcontractors ........................................ .

.

.

.

...... ........................ .......................................... 47

I. Successors and Assigns . . ..... .. ....... . ............................................. ................................ 48

J. Notices . .... .............. ........ .................... ....................................... . . .............. ..... ...... . .. 49

K

Severa

nc

e/Survival. ............................................... ................ . . . ......... .... . ....... ....... .... .50

L

Enti

re

Agreement/Co nstruction .............. .

.......

........ ...............

.......

................ ............... . 50

M. Non-Waiver ............ . . ........ . ....................................................... . ...... ............ ........ 50

N

Owners

hip

............... ......................................................... .

.

.

.

. .

........ .

.

.

...

.

.

.

.

50

0 Obligations Under Other Agreements ....... . ............. . . . ....................... ......... ........ 51

P. Warranty ................. ................ ............ . . . . . .................... .... ............... .......... ......... . .... 5 1

Q State and Local Taxes ..... ..... ... . .................. .... ..... .... ............ .................. . . ..................... 52

R. Contractor Evaluation: ............... ..............

.............. .......... . . . ...... .................. . ........ 5 1

XVI. Exhibits .................. ....................................................... ........•........................................................ 53

A

Ex hi bit Numbers ................ .............

.....

. ...... .................. .......... ......

.... . . . .............. . . 53

B

Order

of

Precedence .... ........ ................ .......

...... ....... ...... ...... ..............................................

54

3



WHEREAS, Ric

hl

and County South Caro

lin

a (the County ) passed on November 6,

2012 a Local Option Sales Tax referendum, (the

''

Penny Sales Tax ) fo r the purpose

of

improv

in

g roads greenways, sidewalks and related transportation improvements in the Coun ty

through the

Ri

c

hl

and County Sales Tax Transportation Improvement Program (the '' Program );

and

WHEREAS, the County has dete

rm

ined tha t the most economical and effic ient use of the

Penny Sales Tax is to implement th e Program thro ugh a contractor with a Program Development

Team ( PDT ) that

ha

s

th

e experti

se

fo r Program development, oversight technical assistance,

design, implementation, and spec

ial

expe

rti

se; a

nd

WH

EREAS, after a compet itive process through

th

e issuance of the Reque st for

Qua lifications ( RFQ, as later defined herein), a Team consisting of M. B. Kah n Construction

Co., Inc., lCA Engineering, lnc., and Brownstone Construction Group ,

LL

C was selected by the

County to implement

th

e Program. The County

re

lied on the Team's RFQ

Re

sponse as we ll as

int

erviews w

ith

the Team for thi s selection. Ric

hl

and PDT, a Jo in t Venture comprised of M. B.

Kah n Construction Co., Inc., ICA Eng

ine

ering, Inc., and Brownstone Construction Group, LL C

(here

in

after, Ric

hl

and PDT, PD T, or Contractor' ' is

th

e contracting ent ity through which a ll

the PD T services flow;

NOW TH EREFORE, this Agreement is executed and made between Richland County,

South Caro

lin

a, a body politic incorporated under the laws

of

the State of South Carol

in

a, and th e

Richland PDT, effective November 3, 2014.

THEREFORE, in consideration of th e covenants here

in

after set for th , the parties hereto

mutua lly agree as fo llows:

I. Relationship

an

d Ge

neral Re

sponsibilities

of

the Partie

s.

A. General Scope

I. The Contractor agrees to perform a

nd fu rni

sh all labor, s

uperv1s1on

,

materials equipment, tools machinery, transportation, and supplies necessary for

the completion of the serv ices required under this Agreement (the Services ).

2. The Contractor sha ll provide the Serv ices as further described here in to

plan, develop, design, and manage

th

e program or program s funded by proceeds

from the Penny Sales Tax and described in the CT IP as further described here in .

3. While th e

Co

ntractor

mu

st be capable of providing all the services as

prov

id

ed

in

this Agreement for each

Pr

oject

in

the Program, from

in

ception

through to completion, the

Co

ntractor·s primary ro le

wi

ll be Program

Developm ent, Program Management, Construction Management and Construction

Eng

in

eering and Inspection, w

hi

ch sha ll

in

c lude technical reviews of

th

e work by

the Contractor's own forces and that of design consultants and construction

contractors retained by

th

e County maintenance of schedules of th e work and

records and reports of progress, co

nt

ract administration, inclu di ng preparing

contract docum ents, recomm ending progress paymen ts when earned,

fac

ilitating



resolution of disputes, recommending changes to co ntracts, and eva luation and

implementation of a Project and Program track

in

g system, Construction

Management a nd Construction Eng ineering and Inspection (CEI).

4. The

Co

ntractor shall a lso be required to prov ide serv ices

to coo

rd inate

other

co

nsultants and contractors retain

ed

by the

Co

unty.

5. The Contractor

's

spec ific scope of Se rvices is provided he re

in

be low .

B. Definitions. For terms as

used in this Agr

ee

m

ent

and any attachment

or ex

hibit

hereto (except where terms may be s pec ifica lly defi ned e lsewhere in th is Ag reement) :

I. Additiona l Serv i

ces

sha ll mea n

se

rvices prov ided by the Contra

cto

r

which are not sp

ec

ifica

ll

y conta ined in the Agreement and for which e ither the

Cont

ra

ct

or sha ll be equita

bl

y compensated or for which the

Co

ntractor shall be

compensated per a Construction C hange Directi

ve

.

2. ·'Agree

menC mea

ns t

hi

s Program Man

ageme

nt Agreement

Between

Richl and Co unty, South Carolina and Richl and PDT, A Jo int Venture of M. B.

Kahn

Co

nstruction

Co.,

Inc., CA Enginee ring, Inc., a nd Brown

sto

ne

Construct i

on

Group,

LLC

for Program Deve lo pment, Program

Ma

n

ageme

nt, and

Other Services Relating to the Richl and Co unty Sales Tax Transportation

Improv

em

ent Program .

3. "CA P" m

ea

ns Co rr

ec

ti ve Action Plan.

4. Ca p ita l Projects sha ll mea n those projects inc luded the County's

Transportat ion Improvement Plan .

5.

CCI

P" m

ea

ns a contr

ac

to r co ntro

ll

ed insuran

ce

program or ro

ll

ing

contracto r co

nt ro

lled insurance prog ram .

6. CED sha ll mean Centra l Em

ploy

ment Database

es

tablished by the

Contractor and accessible to the public inte rested

in

submitti ng appl ications for

emp loyment with co ntractors and vendors participating in the CT lP.

7.

CE

I" sha ll m

ea

n Const ruct ion Management and Co nstruct ion

Eng inee ring and Inspection.

8.

Ch a

nge

Or

de r" sha ll m

ea

n a signed

ag

reement by the County and the

Contractor in accordance with Section X affectin g the Scope of the Services.

9. "Claim" sha ll have the meaning as stated in Section XI.

I0

COG

sha ll mean Counc il of Gove rnm ents.

11 . ·'

Co

mme r

cia

lly Usefu l

Fu

nction'" - an SLBE performs a comme rc ia lly

u

se f

ul func tion when it is res ponsible fo r execution of the

wo

rk of the co ntrac t and

is ca rry ing out its responsibilities by actua lly perform ing, man

agmg,

and

5



superv is

in

g the wo rk involved.

To

perform a commercial ly useful function , the

SLBE

must also be responsible, with respect to materials and supplies used on the

contract, for negotiating price, determining quanti ty and quality,

ordering the

material, and installing (where applicab le) and paying for the material itse lf To

determine whether an

SLBE

is performi ng a comm ercia

ll

y usefu l function ,

an

eva

luati

on must

be performed of the amount of

work

subcontracted, normal

industry practices, whether the amount the SLBE firm is to be paid under the

contract is commensurate with the work it is actually performing and the

SLBE

credit cla imed for its

performance

of the work,

and

other rel

eva

nt factors.

Specifica lly, an SLBE does not perform a commercia lly useful function if its role

is limited to that

of an

extra participant in a transaction, contract,

or

project

through which funds

are

passed in

order

to ob tain the appearance of meaning ful

a nd useful SLBE participation, when

in

s imilar transactions in which SLBE firm s

do not partic ipate, there is no such role performed.

12.

Co

nstruction Change Dir

ec

t ive sha

ll

mean a directive by the County to

the

Co

ntractor to perform a certain Scope of Work outside of the Services a nd

compensated as provided

in

Section X.

13. ·'Contin

ge

n

cy

A

ll

owance,. mea ns an a ll

owa

n

ce

established within the

Agreement to prov ide compensation for

se

rvices for unforeseen

scope or

eve

nt

s

that

may arise.

14.

Co

ntract'. m

ea

ns a ll types of County agreements, regardless of what they

may be

ca lled

, entered into by the Co unty for the purpose of obtaining goods,

supplies, materials,

equipment,

veh icles, constru ction, or serv ices of any kind

relat ing to the Agreement.

15.

·'Contractor''

mean

s the

PDT

.

16 Co

ntract Documents sha tI mean this Agreement and the Exhibits I sted

in

Sect

ion XV I of this

Agreement.

17 Contract Price shal l m

ean

the tota l of a ll

monies

paid to the

Co

ntractor

for the performance of Services and Work under th is Ag reement.

18

Contracto

r Empl oyee means any e mployee of the

Co

ntractor.

19. Contract Management Officer or · 'CMO'' sha

ll

be the per

so

n appointed

by the County Director

of

Procurement with the approval

of

the Richland County

Administrator to adm inister and

manage

the Agreement.

20. Contracting

Officer

sha tI be the person occupying the position of the

Contract Management Officer or another person

de

s ignated in writing by the

Co unty Adm inistrator utiliz

in

g

the

No tice prov isions of thi s Agreement.



21. Construction Contracts'', shall mean agreements between the County and

construction contractors, vendors and utility companies for construction work on

Projects.

22. Construction Cost means the sum of a ll construction contract(s)

including change

orde

rs and utility relocation cost attributable to a single project.

23. Construction Plans shall mean final designs which shall be issued for

construction.

24. County

means

Richland County, South Carol ina.

25.

C

ounty Council means the County Counc il

of

Richland

Co

unty, South

Carolina.

26. CTIP means the Comprehensive County

Tra

nsportation Improvement

Program.

27.

Day

means calendar day.

28.

DBE

means disadvantaged business e

nterpr

ise

as

defined in

49

C.F.R.

§

26.5.

29. Director

of

Safety means an employee

of

the

Co

ntractor responsible for

monitoring safety procedures of the Contractor and other Contractors who may be

retained by the

County

in the performance

of

the Work in the CTIP.

30. Effective

Date

of

this Agreement shall be

Nove

mber 3, 20 14 .

31.

E

ngineering Design Services sha

ll

mean planning design and

specifications for the Projects in the CTIP.

32. Estimated Program

Cost

means for purposes

of

the

SLBE

Progress

Evaluation, the Contractor' s anticipated Program Cost for the next twelve months,

which will include the

amou

nt

of

Contractor' s Fee for its Services under

Task

I

of

Exhibit B and

Con

tractor' s best good faith estimate

of

other compensation it

anticipates it will be paid as provided for in the other Tasks in Exhibit B to this

Agreement.

33.

Fee

shall mean the compensation

paid

to the Contractor for the

performance

of

Program

Management Services and Program Development

Services under Section VIII. A

of

the Agreement but does not include

reimbursable cost or compensation for Tasks II-VIII as provided in Exhibit B.

34.

IGA

shall

mean

the Cooperative Intergovernmental Agreement attached

to this Agreement

at Exh

ibit H

35. Latest Approved Budget Project

Cos

t sha

ll

mean the latest adjustment

of

the initial Project Budgets at Exhibit C as approved by the County.

7



36. La tes t Approved C

TIP

means the most r

ece

nt ly County Counc

il

app roved CTI P through the term of this Agreement.

37. Limited

No

tice to Proceed mea ns the no ti

ce

to co

mm

en

ce Se

rvices dated

August I, 20 I4 and attached to this

Ag

ree ment as Exhibit I

38. Liquidated Damages'' means the damages in the amount the Parties to

this Agreement have des ignated in lieu of actual damages as compensation on a

Project.

39. No tice to Proceed' ' shall mean authoriza tion from the County to

commence Services under the Ag reement.

40. Other

Go

vernmental Entities or OG E'' means federal, state, or l

oca

l

governmental entities other than the County.

4 1 Offeror means the single legal entity submitting the o

ff

er responding to

the RFQ and

ca

n be either a prime contractor

or

a jo

in

t venture.

42. Office of Small Bus iness Opport unity (OSBO) shall mean the Department

of the

Co

unty responsible

fo

r the imple

ment

a

ti

on and administration

of

the

County's SLBE Division and the Bus iness Development Divisio

n

43. Ordinance shall mean Chapter 2-639 of the Ri chland County Code of

Ordinances, the County's Sma ll L

oc

al Business Enterpri

ses

Ordinance.

44 . Party' · sha

ll

m

ea

n either the County or the Contractor ' 'Parties sha

ll

mean the County and the Contractor.

45. Person m

ea

ns a corporation, partnership, li

mit

ed liabil ity

co

mpany or

other bus in ess association of any kind, trust, jo int-stock company or individua

l

46. PD

T

means the Contracto r.

47

. Prime Co ntractor'' means the Contracto r, that is, the entity administering

the Program and the Se rvices as described in this Agreement.

48

. Procurement Department'' means the Ric

hl

and County Procurement

Department.

49

. ·'Program Cost m

ea

ns the sum tota l of a

ll

Project costs plus the c

ost

to

administrate the C TJP .

Th

e c urrent Program Cost is approx

im

ately $

760

,

00

9,000.

50. Projec t Cost'. means a ll bud

ge

ted

cos

ts direc

tl

y attributable to the

planning, des ign, administration, right of way acqui sition, construction

engineering and inspection, close-out and other Project re

la

ted cost of a sing le

Project. The sum total o f approved bud

ge

ts is approx

im

ately $7

36

,909,000. The

approved budge ts may be increased through grants or sta te or federal monies.

8



5 1. Prompt Payment has the same meaning as it has in Richland County

Code of Ordinances , Chapter 2, Adm inistration; Artic le X, Purchasing.

52. ·'Preliminary Eng

in

eer

in

g Serv i

ces

shal l mean design servi

ces

prior to

letting

of

Construction Contracts.

53. Program sha

ll

mean the Rich land County Sales Tax Transportation

Improvement Program.

54. Program Development Services shall mean the development

of

capital

programs related to the adoption of the Penny Sales Tax.

55. Program Management Services'' sha ll mean oversight and management of

ca

pital programs related to the adoption

of

the penny tax.

56. Project or Projects sha ll m

ea

n those projects that are

co

nta

in

ed

rn

Exhibit C.

57. Records'· means books, documents, accounting procedures and practices ,

and other data, regardless of type and regard less of whether such items are in

writt

en

form, in the form

of

computer data, or in any oth

er

form.

58. Reimbursable Expenses'· are those expenses li sted in Exhibit F and shall

be paid at ac tu

al

cost by the County with no mark-up to the Contractor.

59. ·'RFQ' m

eans the Rich land

Co

unty Request for Qua lifications identified

as

'·RC-Q-20 14--PDT' and attached as Exhibit A to the Agreement.

60. RFQ Response means the May 29, 20 14 Response to the RFQ submitted

by the

Tea

m.

The

RFQ Respon

se

is

at

tached at Exhibit A- I to the Agreement.

61.

SCOOT

means the South Ca ro lina Department

ofTra

nsportation.

62.

Scope of

Work ' or ·'Scope

of

Services shall m

ea

n entirety

of

Services to

be perfo rm

ed

un

der

this Agreement.

63. Se rvices means the services required

of

the Contractor under this

Agreement.

64. SIB' sha ll mean the State

In

frastructure Bank.

65.

SLBE

means a

Sma

ll

Loca l Business Enterprise as that term is used

in

the

Coun

ty s Smal l Local Bus

in

ess Enterprises Ordinance, Chapter

2-639 of

the

Richland County Code

of

Ordinances.

66. SLBE App lication means the certification app lication Form R deve loped

and overseen by the County pursuant to the Ordinance.



67. "

SLB

E Program Termina

ti

on Expense" m

ea

ns damages the County may

recover from the Contractor for the Co ntractor

's breac

h

of

the terms

of

Section

XIV of the Agreement.

68. "

SLB

E Progress Eva luat ion" m

ea

ns an eva luation by OS BO of

Contractor's actual ut iliza tion o f

SL

BE Subcontractors as

compa

red to the m

ost

recent Estimated Program Cost.

69. '' S LB E Represe ntati ons" mea ns co llec tively the leve ls of SLBE

part icipation presented in the Contractor's RFQ Response, its verba l

representation to County Counc il , and it

's

representations in the

SLBE

Program

Management Plan, the SLBE Work Plan, and the Brownstone Detail ed Wo rk Plan

ema iled to the County on Oc to ber 23, 20 14, of fifty-o ne 51 %) percent SLB E

Subcontra

cto

r and/or

Bro

wnstone

Constr

uct ion

Gro

up, LLC's

(some

times

here inafter ' 'Brown sto ne") paitic ipation in the

Ser

v

ic

es to occ ur in the aggr

egate

by the end o f five (5) years after the Effective Date of this Agreemen t.

70 . "SLB E Subcontractor" m

ea

ns any person, other than the Contractor , who

(a) offers to furnish or furnish

es

any supp

li

es, materials, equ i

pment

, ve

hi

c l

es

,

construction or Serv ices of any kind who enters in

to

a Subcontract in connection

with this Agreement and includes any per

so

n who offers to furnish or furn ishes

any supplies, materi als, equipme

nt

, ve

hi

c les, construct ion or services of any kind

to a higher tier Su bcontractor; and (b) is ce rtifie d by the

Co

unty as an SLBE

entity.

7 1. "

SLBE

Sub

co

ntractor Contracts'· means collective ly the executed

subco

nt

rac ts,

se

rvice ag reements, or utili

za

tio n

com

mi

tment fo

rms submitted by

Contractor to the Co unt

y's

SLBE program.

72.

S

ubco ntract'. means a contract or co ntrac tua l ac tion entered into by the

Contracto r or a Subcontractor for the purpose of obtaining goods, supplies,

materials, equi

pme

nt, vehicles, construction or se rvices of any kind under a

Co

ntrac

t.

73. "Subcontractor" means any person, other than the Contrac tor, who offers

to

fu

rnish or furn ishes any supplies, materia ls,

equ

ipment, vehi c les, const ruction

or Services of any kind who e

nt

ers into a Subco

ntract

in connection with thi s

Ag reement and includes any person who offers to furnish or furni shes any

suppl ies, mate ria ls, equipment , ve

hi

c les, construct ion o r serv ices of any kind to a

hi gher t ier Sub

co

ntracto

r.

74

. ·

'S

u

bco

nsulta

nf·

mean

s a Subcontractor.

75. "Task Order" means a utho

riza

tion from the

Co

unty to comm

ence ser

vices

on a partic

ul

ar projec t o r activity.

76. Team" m

ea

ns the PDT, or co llect ively: M.B. Ka hn Construction Co. ,

Inc., CA Engin

ee

ring, Inc., a nd Brownstone

Const

ru

ct

ion Group, LLC.

10



77.

Tran

sportation Proj

ec

ts·· sha

ll

mean those Proj ects contained

r

the

County's

Transportation Impro

vement

Program.

78. Work shall mean the Se rvices.

C.

Co

ntractor's Relationship w ith

Co

unty.

I. The Parties' intent is fo r Co ntractor to assist Co unty, and to carry out

certain duties, in the financia l management, planning, des ign, and co nstruction

administration of Projects that h

ave

been approved by County as part of the

Prog ram. As part of the

Se

rv ices for the County, Contractor is the County's

trusted advisor

as

to the development of the Program, program management, and

the Services.

2. The Contractor shal l perform the Se rv ices in a competent and timely

manner, and with respect to each type o f work performed by Contractor as part of

the Services, the Contractor shall use that

de

gree of reason

ab

le

ca

re and skill

ordinarily exercised by other s imil

ar

firms

performing se

rv ices and ob ligat i

ons

of

a similar nature , and

in

accord with a ll app li

ca

ble laws, rules, and regulations.

3. The Contractor

in

its performance of the Services is an independent

contractor and shal l not be deemed

an

employee of the Co unty for any purpose

whatsoever. The Contractor shal I not ho

ld

itse lf or any member of the Team out as

a n employee of the Co unty a nd sha ll have no power or authority to bind or

ob i gate the County. T he Cont ractor sha

ll

ob tain and maintain a ll I ce nses and

permits req uired by law for performance of this

Ag

reement by it or its e mployees,

a

ge

nts, and se rvants and sha

ll

be responsible for the Contractor's Team members

doing the same.

The

Contrac tor shall be liable for and pay all ta

xes

required by

local ,

State

,

or

Federal governme

nt

s, including but not limited to

Soc

ia l Security,

wo rkers ' compensation, Employment Securi ty , and any other taxes and licenses or

insuran

ce

premiums required by law. No

emp

l

oyee

benefits of any kind shall

be

paid by the County to or for the benefit of the Contractor or its employees, agents,

or servants by reason of th is Agree ment.

II Contractor s Program Development Duties

A. T he Program.

I. The PDT wi ll provide Program Development Servi

ces

and Program

Management Services for Program development, oversight, technical ass istance,

and special

ex

pe rtise for the

Co

unty

in

completi ng

eac

h

of

the Projects

in

cluded in

the November 6, 2 12 Local Option Sales Tax referendum wh ich includes the

fo

ll

owing categories:

a)

Total

Roadwa

y Projec ts:

Approved

Budgets $656,020,

644

b) Tota l Bike/ Pedestrian/Gr

eenway

Projects: Approved Budgets

$80

,888,356



c) To ta l Approved Program Cost: 736,909,000 as prov ided in

Exhibit C, (plus any updat

es

to the

CT

IP which are n

ot

att

ac

hed but which

are inco rporated here in by reference thereto as they are approved) a list of

Pr

o

je

cts and budgets inc luded in the Progra m.

2. T he majo r co

mp

o nents o f P

rog

ram D

eve

lopment Servi

ces

and Program

Man

age

me

nt

Services to be pr

ov

ided incl ude:

a)

Prog ram Deve lopment (Pr

ogra

m Management, Program

Co

ntrols/Sched uling,

Pu

blic

In

vo lveme

nt

)

b) Proj

ect

Services inc lud ing Pre- Planning, Adm i

ni

s

trat

ion, and

Proj ect Planning (Traffic Studi

es

, Surveys, 30

Pr

e liminary

Pl

an

Deve lop ment, Uti I ty Re location Coordinat ion, Envi o nmentaI/ Permi tting,

safety moni tor ing. No te: leve l of Serv ices re

quir

ed may vary depending on

proj ect type and co mplex ity)

c)

Quality Assuran

ce

Revi

ews

and

Coo

rdination of Each P

ro

j

ec

t

d) Right-o

f- Way Ac

quisition for Ind i

vi

dual Projects

e) Prop

osa

l

Pr

ep

arat

i

on

and Procur

ement

f

Co

nstruction Engineering and

In spec

tion Services

fo

r

eac

h Project

g) Other

se

rvices inc lude a paveme

nt

management system for the

paved roads that the Co unty is responsible fo r, Mitigat ion Bank Serv ices,

and some se l

ec

ted additiona l design Services.

h)

It

is anticipated the

PD

T w ill be retained to

co

mpl

ete

a

ll

Projects,

unl

ess

this

Ag

reement is ter

min

ated befo re such

occ

urrence.

B. The Scope of Wo rk for the portion of the Serv ices that co mprise the Program

Devel

op

ment Services and Program

Ma

n

age

ment

Services

is stated in

Ta s

k I

of

Ex hibit

B.

C.

Co

mpensation

fo

r Program

Deve

l

op

ment Services and Program

Ma

nagement

Serv ices is separate fro m co mpensation for other Se rvices under this Ag reement as

outlined at

Sec

tion VIII.

2



Ill Contractor s Project-Specific Relat

e

Duties.

A. Co ntractor s Project Specific Responsibiliti es.

I .

Th

e list

of

Projects to whi ch Contrac tor

s

Project spec ific Responsib ilities

apply is attached at Exhibit C

2. The Co unty may remove any Project from the Co ntrac tor·s Services at its

so le discretion.

a) Compensati

on

to

Co

ntractor for any additiona l Project to which the

parties mutually agree to those listed at Exhibit C sha ll be determined as

provided in Section VIII.

b)

Th

e County is currently negotiating te rms of a

Supp

lementa l IGA

regarding improvements to Hards

crabble

Road.

The Co

ntractor at the

Co

unt

y s

request shall prov ide construction management Services

and

CE I

Services in a different manner and scope than provided for in th is

Agree

m

ent

but as outlined in

th

e Supplemental I

GA.

The

compensat

ion

for the work associated with the Supplemental IGA wi ll be mutually

agreed to by the County and the Contracto

r

3. Contractor sha ll prov ide Pre-Project Planning for each Project. The Scope

of these types of Serv ices fo r all Projects is described here in and at Task II of

Exhibit B.

4 . Contractor sha ll provide Quality Assurance Reviews and Coord inat io n of

Proj

ec

ts as d

es

crib

ed h

ere

in

an

d

at

Task

I I I

of

Exhibit B.

5. Contrac tor shall pr

ov

ide Rig ht-

of-Way

Acquis ition Se rvices fo r

Pr

ojec ts as

de

sc

ribed here in and

at

Ta sk IV of Exhibi t B.

6. Contractor sha ll provide Proposa l Preparation and Procurement Services as

des

cr

ibed here

in

and at Task V

of

Exh ibit

B

7. Contrac tor sha

ll

prov ide Construction Reso urce Ma nagement Se rvices fo r

Roadway Transportation Projects as described here in and at

Task

VI of Ex

hi

bit B.

B.

Compe

nsa tio n for Ta sks through VI is provided fo r at Section V II I

I. Contractor sha ll provide Co nstruction Management Services and Uti li ty

Re location Coordination Project Ma nagement Services as described herein and at

Ta sk II of Exhibit B fo r a ll Proj

ec

ts . These parts of the Serv ices shal l include

Projec t man

age

ment and technica l review of the

wo

rk by the PDT and des ign

rev iews, constructabi lity reviews. utility relocation coordination. documentat ion,

scheduling, es timat

in

g, safety monitoring, pub lic

com

munications, change o

rd

er

negotiation and Project closeout.

3



2.

Co

ntractor shall

provide

Construction Eng inee ring and Inspecti

on

Serv ices, which shall include administration, documentation, inspection,

equipment, survey ing, vehicles, and personnel for each Project.

C. Con

tractor 's

General

Project Related Duties.

I . Except as specifica lly excepted elsewhere in thi s

Ag

reement,

Co

ntractor' s

Serv

ices for each Project sha

ll

be ca rried

out

in accordance with the standards and

lega l require

ment

s set forth

in

this Agreement.

2 .

Co

ntractor shall have such responsibility for

management

of each Project

for County, whether or not the details of those manage ment res ponsibilities are

further

spec

ified

elsewhere

in thi s Agreement.

3.

Con

tractor shall carry out its Services on

each

Project in

conformance

with

all requirements of thi s

Agreement,

including the Exhibits

her

eto, shall re

quir

e a ll

subcontractors and consultants to co mply with all such requirements that relate to

their

work, and shall

monit

or each

Project

to

see that this o bligation is met.

IV .

Pavement

Management Program.

A. Contractor shall implement a Pavement Management Program as described herein

and at Task VII of Ex hibit B

B.

Compe

nsation for the Cont

ractor's

Services in implementing the

Pavement

Man

agemen

t Program sha ll be as

provided

at

Sect

ion VIII.

V Sidewalk and Greenway Program.

A.

Co

nt

ractor sha

ll

imple

ment

a Side

wa

lk and

Greenway

Program as described

herein and at Task VIII of Exhibit B.

B. Compens

at

ion fo r the

Con

tractor's Serv ices in implementing the Sidewalk and

Gree

nway Program sha ll be as provided at

Sect

ion VIII.

VI. Out

of

Scope

A

dditiona l'' Services.

A. At the request of County,

Co

ntractor sha ll provide other enginee ring , construct ion

management, and procurement Services related to this Program that are not within the

scope

of the Services provided for in th is Agreement ( Addit iona l Se rvices' ').

B.

Scope

,

cost

s and fees for Additional Services

sha ll

be

determined

prior to the

Co

ntractor starting such Additional Serv ices by either: ( I) mutua lly agreed to in writing

as an Addendum or Change Order to this Ag reement; (2) or by Constru

ct

ion Change

Directive by the County using the for mula in Section VIII.

VII. Inspection

and

Acceptance.

14



A. All Services sha ll be subject to review by the Co unty at a ll reasona le times and

places prior to

accep

tance.

B. Any such rev iew is for the so le benefit of

th

e

Co

unty and shall not relieve the

Contractor of the respons ibility of providing quality se rv ices to comply with the

Agreement

requ ir

eme

nts.

C. No review by the

Co

unty shall be construed as constituting or imply ing

acceptance. Such review sha

ll

not re

li

eve the Contractor of the responsibility to correctly

per

fo rm the Services, nor sha

ll

it in any

way

affect the continuing rights (including

warran

ty

rights) of the

Co

unty a fter

acceptance

of the

completed

Services.

D. The Contractor sha ll , without charge, corr

ect

or re-perform any Services found by

the County not to conform to thi s

Agreement s

requirements, unless the County conse nts

in writing to accept such Servi

ces

with an

ap

propriate ad

ju

stment in the Contract Price.

E.

If

the

Co

ntractor fails to

correct

or re-perform any Services not found to conform

to

the

co

nt

ract requirements within a reasonable pe

ri

od

of

time

after written notice to the

Co ntractor, the Co unty shall have the right to se lf-perform those Services and charge back

the

cos

t to

correct

or re-perfo rm those Se rv ices to the

Co

ntractor.

F. Final acceptance of a ll Se rvices

does

not

occ

ur until final payment is made by the

Co unty to Co ntractor for all Services performed under thi s Ag reement.

VIII Compensation

A. Compensation for Co ntracto r' s Pro gram Related Services (Task I, Ex hibit B).

I .

The Cou

nty agrees to pay the

Cont

ractor for the perfo

rmanc

e of the

Se

rvic

es

described in

Task

I

of

Exhibit B to this

Ag

r

ee

ment, including all

it

ems

necessary to accomplish and complete the Services, in accordance with all terms

and conditions as stated herein and on the

fo ll

owi ng basis:

2. Co

mpen

sa

tion for Task I of the Services as provided in Exhibit B shall be

Six Million, Twenty Thousand Do llars ( 6,020,000.00) and no/ce nts fo r each year

of this Agreement, to be invo iced by Contractor to the County in twe lve equal

monthl y installments.

3.

Co

mpensa tio n fo r Task I of the Services sha ll be identical for every

ren

ewa

l yea r

of

this Agreement through its fifth yea r unless this Agreement is

terminated prior to that time.

4. Compensation for Task I was based on 2014 wage rates. T he Co ntractor

sha ll

be

e

li

gible on the fo llow ing dates fo r cost of wage increases to be added to

the compen

sa

tion from the ba

se

rate es tab li shed at the date of th is Agrrement.

(The base rate is the sa lary of the respective pos ition as of the date of this

Agr

ee

ment.) The dates on which the Contractor sha ll be e lig ibl e for the increase

are January I,

20

16 and January I of

eac

h subseque

nt

yea r of this

Ag

reement.

5



Wage rate increases shall be calculated for each pos ition based on the

US

Bureau

of Labor Statistics, NA ICS as most appl icable to each position , plus two (2%) of

the base salary

fo

r each such pos ition. Wage rate increases shall be limited to

those

PDT

pos itions ass igned full-time to the Program (as mutua lly agreed to

between the County and the Co ntractor) and phys ica

ll

y located in the PDT office .

5. Invoic ing for Contractor's Program Services sha

ll

be in accordance with

Section VIII , H. below .

6. In the event the Program Cost

in

c reases by ten ( I

0 )

percent or

mor

e,

then the Program Management Fee may be equitabl y adjusted.

B. Compensa tion fo r Project Spec ific Services (Tasks II-Ill ; Y-VI, Exhibit B).

I. The

Co

unty agrees to pay the

Co

ntractor for the performance of the

Services d

escr

ibed in Tasks ll 11 ; and Y-YI of Exhibit B to thi s Agreement ,

including a ll items necessary to

accomp

lish and

co

mplete the Services ,

in

acco

rdance with a

ll

terms and conditions as stated herein and on the

fo

ll

owing

b

as

is:

2. For each Project (or group of Projects co

ll

ect iv ely if it would be more

efficient), the Contractor, if assigned

Ta

sks by the Contract Management Officer,

shall be co

mpen

sa

ted as fo

ll

ows.

a) For each Project, the Co ntractor has prepared a Budget Project

Cost. The County must agree to the Budget Project Cost. Each Projec t's

initial Budget Project

Cos

t is attached hereto as Exhibi t

C.

R

ecog

niz

in

g

that the initia l

Bud

get Project Cost listed in Exh ibit C may have chan

ge

d

over time, the Contracto r shall for each Project submit a proposed Budget

Project Cost which the County in its so le discretion may accept.

b) The Contr

ac

to r

's co mp

ensa tion for each Project will be determ

in

ed

based on what T

as

ks as prov ided for in Exhibit B the Contractor performs

for

eac

h Project listed on Exhibit

C.

c) The Contractor sha

ll

be compensated for its Tasks based on a

percentage of total cos t of each Project.

d) The Contractor for each Project shal I establish a · 'Mi Ies one I st of

Project ac tivities as part

of

the schedule for such Pro

je

ct and the

Contractor shall submit a proposed payment schedul e for each M il estone'·

in each Project's schedule for the Project.

e)

The Contractor sha ll provide deta il

in

its monthly invoices for each

Project

so

that the County

ca

n to its sa ti sfaction account for and

understand the different Projects and corresponding c harges fo r each.

6



t) For Pre liminary Des ign

Se

rv i

ces

(Approximate ly

30%

of Design

Documentation , which includes Des ign Criteria) per Proj

ec

t, the

Contractor sha

ll

be paid the

fo ll

ow ing percentages of Budget Project Cost:

( I )

(2)

Widenings and New Locations:

Inte r

sec

tions:

2.0%

2.5%

(3) Design Criteria

(w

here no 30% pl an

pr

ep): 1.0%

(4) Other: 2.0%

g) For Complete Design Se rvices, the

Co

ntractor shall be pa id the

fo

ll

ow

in

g pe rcentages of Bud

ge

t Project Cost :

( )

(2)

(3)

Sidew a lks (without drainage):

Other Pr

o

ject

s

Environmental Assessment:

3.5%

TBD

as

needed

180,000 each

(4) Southeast

Ri

chland Ne ighborhood Plan: 500,000 firm .

h) Each pe rcentage

cost

for each Preliminary D

esig

n Serv ice or

Co mplete Design

Se

rvice performed by the Contractor inc lude but is not

limited to the costs of Co ntractor's Subco nsultants and Subcontractors,

such Services as traffic studies , we tland de lineations, c ultural resour

ce

studies, threatened and endangered species studies, aerial mapping, , and

any other Se rvice wh ich norma lly

wo

uld be necessary fo r this

Scope

of

Work.

i) For Co nstructio n Resource Management and Utility Relocation

Coordination: 4.5% of the Latest Approved Bud

ge

t Project

Cost

and then

ad

justed for Final Project Cost.

( I) These Services shall inc lude but are not limited to a ll

Services required to manage, coordinate and administrate a spec ific

Project inc luding des ign rev iews, co nstructability reviews , utility

reloc ation coordination , doc umentation,

sc

heduling,

es

timating,

safety mo nitoring, pubI c co

mmuni

ca tions, change order

negotia tion, projec t c loseout , expen

ses

, overhead, and profit and

any other

Servi

ce

which norma

ll

y

wo

uld be necessary for this

Scope of Work. These Servi

ces

are further described

in

Exhibit B.

(2)

Com

pensa tion for these Services shall be invoiced in equa l

monthly insta llments for the duration of preconstruc tion Services;

Preconstruction Services shal I commence upon receiving

construc tion resources management (''CRM'

) 95%

co mplete

17



do

cum

ent submittal from the

PDT,

On-

ca ll

Enginee ring Te

am

(s)

and Dirt Road Pav ing Team(s) o r earl ier as direc ted by the

Co

ntract Management Officer unti l construction contracts

are

awa

r

ded.

j )

For

Co

nstruc

ti

on Engin

eer

ing and

In

sp

ec

tion:

6.5

of

Latest

A pproved Budget Project Cost and then adjusted for Final Project Cost.

( I) These

Se

rv i

ces

inclu

de

Proj ect admi nistration,

d

oc

ument

at

ion,

in

spection, equipment, surveying, veh icles, and

perso nne l, expenses, overhead, and profi t and any other Se rv ice

w

hi

ch normally

wo

uld be necessary fo r t

hi

s Scope of Work.

(2) Construction phase

Se

rvic

es

shal l

comme

n

ce

upon

aw

ard

of

co

nstruction

co

ntracts and end upon Project accep

ta

nce by the

Co

unt

y.

(3) The co

mpensa

ti

on for the

se Se

rvi

ces

shal l be

in

voiced

and

paid in equal mo nthly

in

sta llments for the scheduled duration

of

construction phase Se rvices.

k) Once a Pro

je

ct is compl ete, the Co ntractor sha ll adju

st

the Latest

Approved Budget Proj ect

Cost to re

fl

e

ct

a Fina l Project Cost. The

Co

ntr

ac tor

's

final compensation

fo

r a ll

Tasks

for such Project sha

ll

be

based upon whi ch

ev e

r is higher, the Latest

Approved

Budget Project Cost

or the Final Proj

ect

Cost.

1) Once the Fina l Projec t Cost is

es

tab lish

ed,

the Coun

ty

shal l pay

addit ional

co

mpensation to the Contractor, if any, to the

exte

nt th

at

the

Fina l Proj

ec

t

Co s

t is

hi

gher than the Lat

es

t Approved Budge t

Pr

oject Cost.

C. Compensation fo r

Ri

ght-of-Way Acqu isition for Ind ividua l Pro jects. (Task IV,

Exhib it B).

1 Th

e Co

unt

y

agrees

to pay the Contractor

fo

r right-of-way acq uisition for

ce rtain Projects as

desc

ribed in

Task

IV

of

Exhibit B. Notwithstanding anything

to the contrary in Ex hibit B, no acquisition Serv ices may be provided by the

Co

ntractor without the approval of the

Co

unty.

2. Right

of

Way

Acqui

sition Services shall be pa

id

on a per par

ce

l basis as

pe r the schedule

in

Exhibit G p

lu

s any additional and separate cost for mentoring for

SL

BE

fi

rms. w

hi

ch sha

ll

be billed on an hourly bas is per Exh ibit E.

3. The County sha ll be responsible for a ll costs, including the cost of

co ndemna

ti

on and

pur

chase

of

rig hts-

of-way

including

pur

chased easements.

D

Compensation fo r Pavement

Manageme

nt Program (Task YI I, Exhibit B).

8



I. The

County

agrees to pay the

Contractor

for the performance of the

Services described in Task VII of Exhibit B to this Agreement, including all items

necessary to accomplish and complete the Services, in accordance with all terms

and conditions as

stated

herein and

on

the following basis:

2.

Compensation

for Contractor for the

Pavement Management

Program at

Task

VII

of

Exhibit B shall be invoiced and paid as an in a lump sum

of One

Million Seven Hundred and Fifty

Thousand

( 1,750,000) Dollars.

3.

The Pavement Management

Program includes sub-Tasks of a

Pavement

Management System ( 350,000), Flexible Pavement Section Designs ( I 50,000),

and Local County Road Resurfacing ( 1 ,250,000).

4. The

Contractor

shall bill the County

on

a monthly invoice for the

amount

of work performed

and

approved under each of the sub-Tasks.

E. Compensation for Sidewalk and Greenway Program (Task VIII, Exhibit B).

I. The County

agrees

to pay the Contractor for the performance of the

Services described in

Task

VIII

of

Exhibit B to this Agreement, including all

items necessary to accomplish and complete the Services, in accordance with all

terms and conditions as stated herein and on the following basis:

2. Compensation for the Sidewalk and Greenway Program at

Tas

k VIII of

Exhibit B shall be invoiced and paid pursuant

to

Section VIII , B. and C. above.

F. Compensation for Additional Services.

I.

The

County

must

approve any Additional Services in writing before the

County

shall be liable for the

cost

of

any Additional Services.

2. Any Changes in Scope

of

the Services

of

thi s Agreement shall be charged

as

Additional Services unless the Patties otherwise agree in writing.

3. The County agrees to pay the Contractor for the performance of the

Additional Services pursuant to this Agreement, including all items necessary to

accomplish and complete the Additional Services, in accordance with all terms

and conditions as s

tat

ed herein

and

if not agreed to otherwise by the

County

and

the Contractor, sha ll be determined on the following basis:

a) For perso nnel, the rates as provided in Exhibit E

I) Wage Escalation: Wage rates in the Personnel Rate

Schedule are subject to

in

crease on the fol lowing dates;

Januar

y 1,

20

16, January I,

2017

and

Januar

y I, 2018.

(2) The wage increases shall be calculated from the base rate

established at the date of this Agreement in Exhibit E with annual

19



esca lation limited to increases in the personne l rates utiliz ing the

m

os

t app licable employment position category for as provided n

the NACIS of the US Bureau of Labor Statistics .

(3) For the

Co

ntracto r to r

ecover

any

ove

rtime it must sh

ow

th

at

it

was

unable to re

pos

i

ti

on a

ppropr

iate personnel performing

Program Management

Se

rvices to perform the work on a non

overtime

bas is.

b) Reimbursab le Expenses as provided in Exhibit F. A ll

Reimbursable Expenses are paid at actual cost and are not to be considered

to be pa rt

of

any overh

ea

d or profit ca lc

ul

ation in this Agreement.

c)

Actual costs

of

materials,

in

cluding sa

le

s tax and cost of de livery;

cost o f direct labor as provided by the personnel rates on Exhibit E; renta l

va lue of equipment and machinery; plus a markup for add iti

ona

l genera l

conditions cost, overhead, and profit at not more than

15

% of the

actua

l

cos

ts incurred by the

Add

itio na l

Se

rv i

ces

(but

exc

luding the costs

of

personnel as stated in Exhibit E).

4. A ll Additiona l Serv ices sha ll be documented by Contractor in a fo rm w ith

suffic ient information suitab

le to the County. The Contractor sho uld be

pr

epared

to prov ide ev idence of a ll cha rges for Additional Services commensurate with the

standard American Institute ofArchitects Cost-Plus Contract forms.

5. Invoices for Rate Schedule Work shall be prepared

and

s

ubmit

ted as

fo llows :

In

vo ices for labor sha ll ind icate the

emp

loyee' s name, c lassification, and

straight time and approved

ove

rtime ho

ur

s. Labor categories and rates must

co rrespond to those set forth in the Personnel Rate Schedule app

li

cable at the

time when Work

was

pe

rformed

and attached herein as Exhibit E

6. Items where compensation is established as an ·'hourl

y'

' not-to-exceed '

amo unt will be paid at the billed or not-to-exceed·' amount, wh

ic

hever is less. If

fees a nd costs do not reach the lim it of the not-to-exceed amount, the Contractor

will n

ot

be entitled to rece ive the remainder

of

the not-to-exceed amount except

as otherwise stated herein.

7. The Cont ractor shal l be limited to the lesser of compensation as an

Additiona l Service or compensa

ti

on as a Claim as defined in this Agreement in

the event of a dispute between the Contractor and the County as to the amount of

co

m

pe

nsation

du

e for any Services

per

fo

rmed by the Contract

or

und

er

th is

Agreement, and as to the amount of compensation due to Contractor

fo

r any

Work, Services, or

equ

ipment provided by the Contrac tor that conferred a benefit

to the

Cou

nty in some way outside of any pr

ov

is ion of thi s Agreement.

G. Contra

cto

r' s Share of Liquidated Damage s.

20



1. It is likely that each Project shall have a prov1s1on in the

co

ntract fo r

constructio n of said Projec t for the assess ment of liquidated damages for delay

aga inst the contracto r that contracts w ith the County to perfo rm the ac tual

co nstruc tion of that Proje

ct

(as opposed to the Services prov ided by the

Co

ntractor .)

2 Recogn iz ing that the PDT and on

-s

ite reso urces could be n

ega

tively

financia

ll

y impacted by a delay caused by a contractor performing the

co

nstruction for the County, the County and the Contractor

ag

r

ee

that s in

ce

the

Co unty has no liability fo r the delay of such contractor, the Contractor and the

Co unty sha ll split liquidated damages assessed aga inst the construc ting

co

ntractor

in an amount to be determined by the C

ount

y and the Contractor fo r each Proje

ct

prior to the proc urement o f such Proj ect. Liquidated damages fo r each

Pr

ojec t

should be suffic ient to account for both the County s costs and the Co ntractor s

costs incurred b

ecau

se

of

such de l

ay

.

3. If liquidated dam

ages

are s plit between the

Count

y and the

Cont

ractor on a

Proje

ct

, in such case the Co ntractor shall under no ci rcumstances be entitled to

any o ther

comp

ensa tion of any form from the Co unty for the de l

ay

of a co ntrac tor

performing wo rk for a Proj

ec

t that is part of the Program except the I quidated

dam

ages

as prov ided for in this subsection.

4. Sho uld the Co unty e lect to

exc

use any contrac tor from its obl igation to pay

liquidated damages fo r which the

co

ntrac tor o n a Proj

ec

t is otherwise

li

abl e, the

Count

y sha ll pay to the Contractor the portio n of the excused d

am

ages that wo uld

otherwise have b

ee

n allocated to the Contractor.

H. Pay ments.

1 In voicing.

a) The Co ntractor sha ll submit its mo nthl y invo ices such th

at

they are

rece ived by the Co unty no later

than 5 :00 PM on the las t bus iness day

of each month . Invo ices sha ll be pa id no later than 30 ca lendar Days of

rece ipt by t he Co unty.

b) An invo ice imprope

rl

y not paid by the County sha ll

ea rn

inte rest at

the

ra

te of Prime + I from the due date of the Invo ice .

c) T he Contractor sha ll submit invo ices in o riginal fo rm complete

with a ll suppo rting doc umentation as n

ecess

ary summar ized in an agreed

fo rma t

d)

T he Contractor

s

invo ices sha

ll be

cl

ea rl

y marked w ith Proj

ec

t

numbers and that portion of co mpensation attributa

bl

e to a proj

ect

so

de lineated.

2



e) The Contractor s invoices sha ll indica te the time period during

which the Services we re perfo rmed fo r which the invoice is submitted.

t The Contractor sha ll s ign each invoice summary

ce

rtifying that

a ll W ork covered by the invoice is compl

ete

and that the invo

ic

e is co rre

ct

and authentic.

g) The Contractor shall prepare al I invoices

in

a fo rm sa ti sfactory to

and a

pp

roved by the

Co

unty as

co

nta ined in the C

TIP Acco

unting

Procedures Manual.

h) At the County s request, the Contractor shall furnish eviden

ce

that

a ll labor and mate rials furn ished and equipment used during the period

covered by any invo ice have been pa id for in full and that the Services a re

not subj ect to liens or claims on account thereo

f

2. The Co unty may dec line to approve the Contractor s invo ices , in whole o r

in part, to the extent necessary to protect the County from l

oss

b

ec

au se of:

a) d

efec

tive Services not remedied,

b) third party claims filed or r

easo

na

bl

e evi

den

ce indica ting proba

bl

e

filin g of such claims (including c laims of lien),

c) fa ilure of the Contracto r to make pay ments properly to

subco ntr

ac

tors o r fo r l

abor

, materials, or e

quipm

e

nt

,

d) r

easo

na

bl

e evidence that the Se rvices cannot be completed for the

unpaid balance of the

Contrac

t Price,

e)

dam

age

to the County, o r anoth

er co

ntra

ct

or per

fo

rming

wo

rk for

the County,

t fa ilure to ca

rr

y out the Services accordance with the

Co

ntract

Documents,

g) the withdrawal or suspension , or threatened withdrawa l o r

suspension of

gove

rnmenta l perm its or approvals due to the n

eg

I

ge

nt

ac

t ions or d

efa

ult of the

Co

ntrac t

or

,

h) fai lure

to

comply with the

Co

ntract Doc uments, or

i) any breach by

Co

ntracto r of the terms and co nditions of the

Ag reemen t

22



3.

Payme

nt Deducti

on

s and Withholding.

a) When any payment is w ithheld pursuan t to th is Section, the

grounds for such withhol

ding

shal l be provided to the

Co

ntractor. When

the grounds for nonpayment are removed, payment sha ll be made for

amounts withheld becau

se

of

them

, w ithin 30 Days

after

the last

grou

nd

for non payment is remo ved, provided a ll other conditions precedent to

pay ment have bee n satisfied .

b) The

Co

unty shall not be deemed to be in breach of this Agre

ement

by rea son of the w ithholding of any paymen t pursuant to any prov ision of

the

Contract

Documents.

IX. Schedules and Time

A. Schedules.

I. The

Co

ntractor sha

ll

cr

ea

te a program m

anageme

nt baseI ne progress

sched ule ( Master Sched ul

e )

fo r the Pro

gra

m, which sha ll generally identify key

Program milestones.

2 .

As

prov ided in Exhibit B, the

Co

ntra

cto

r sha

ll

also be responsible for

monitoring and advising the County with r

egard

to the schedu l

es

for individual

Projects that are part of the Program. The County and th e Contractor sha ll agree

on which Projec ts requ ire a

fo

rmal schedul e.

B. C laims for

Add

itional T ime and Related Compensation by

Co

ntractor.

I. There sha ll be no additional Claims for extensions of time and related

comp

en

sa

tio n by the

Cont

ractor for

Program

Development Servi

ces or

Program

Manage

ment Services and a

ll

Serv ices de

scr

ibed in

Ta

sk I

of

Exhibit B.

2. The

Co

ntracto r

ma

y make Claims for extensions of sched

ul

e and

compen

sa

tio n on individual Projects where

th

e Cont ractor is prov iding Serv ices

described in Tasks through VJ and Vlll of Ex hibit B onl y under the following

circum stances. f the progress of the Co ntractor· s Services

in

the critica l path of

the construction s

chedu

le fo r any Projec t is delayed at any time in the

co

mm

encement or progress of the Services on that Project by any event

co nstituting an act or neg lect of the County; or by other causes that the County

and Co ntra

ct

or agree in writing may just ify delay ( Excused Delay ), then the

Co

ntractor sha ll be entit led to a dd itiona l compen

sa

tion for its

ac

tua l

costs

incurred

on such Project as provided in

th

is Agreement because o f the Excused

De

lay,

prov ided th at the Contr

ac

tor provided written notice of such Excused Delay and

the c ircumstances surrounding it within

se

ven (7) Days after

Contractor

knows or

should kn

ow

that any eve

nt

or condition will adversely impact its Services for that

Projec t in the cr itica l path, as a

cond

ition precedent for any such event be ing an

Excu

se

d Delay. The

Co

ntractor sha ll

fo llow

the proced ures in this Agreeme

nt

for

makin

g a Claim.

23



3. Force Majeure. It is further understood that the Contractor shall not be

entitled to any damages or compensation from the Co unty or be reimbursed for

any losses on account of any delays resulting from any of the foregoing reasons

or, without limitation, any reason for delay not under the direct or indirect control

of the County, unless agreed to in writing by the County. If the Contractor is

dela

yed

at

any time

in

the progress

of

the Work by

cau

ses beyond the control and

without the fault or negligence

of

the Contractor, the Contractor will bear its own

additional costs and seek no additional compensation from the County for the

Services on that Project. Examples

of

such causes include (

l

acts

of

God or

of

the

public enemy, (2) acts of the governmental entities other than the County, (3) fires,

(4) floods, (5) epidemics, (6) quarantine restrictions, (7) strikes, (8) freight

embargoes,

and (9) unusually severe weather (a Force Majeure Event ).

a Thi s section does not preclude the Contractor from sharing

in

liquidated damages from a construction contractor on any Project as

provided in this Agreement.

4.

If

Contractor

fail s to comply with thi s Section, Contractor shall be

deemed

to have waived

any

Claim arising out

of

or resulting from any such delay, without

relieving C ontractor of its obligations hereunder.

5. In the event of any Force Majeure Even t, the Contractor and the County

shall coordinate and cooperate to exchange any information and/or documentation

related to any such Force Majeure Event in a manner that minimizes any adverse

effect on the Serv ices.

X Changes.

A. Change Orders. A Chan

ge

Order is a written

orde

r to the

Co

ntractor signed by the

County, issued after

exec

ution

of

the Contract , authorizing a change in the Services or an

ad

ju

stment to the Contract Price or the schedule for a Project. The Contract Price and the

sc

hedule for a Project may be changed

only

by an executed Chan

ge

Order. A Change

Order

signed by the Contractor indi

ca

tes its

ag

r

eeme

nt herewith, including that the

adjustment in the Contract Price or the schedule contained in the Change Order is

sufficient to compensate the Contractor for all Claims that Contractor may have

outstanding at the time the C hange Order is s igned by the Contracto r

B. Use

of

Change Order.

The Co

unty, without

in

validating the Agreement, may

ord

er

changes

in

the Servi

ces

within the

ge

n

era

l scope of the Agreement consisting

of

additions, deletions or other revisions, inc luding the addition or deletion of Projec ts. All

such changes

in

the

Se

rvices sha

ll

be autho

ri

ze

d by C hange

Order

, and shall be perform

ed

under the applicab le conditions of the Contract Documents.

C Construct ion Change Dir

ect

ive H

owever

, if the County and the Contractor

cannot ag ree on the Change Order, the County sha ll issue a Construct ion Change

Directive directing the Contractor to e ither not perform Services or to perform Additional

Services. The Contractor sha

ll

be compensated for such Additional

Se

rvices as provided

in the

Co

ntract D

oc

uments.

24



D. Cost of Change. The cost or cred it to the County resulting from a change in the

Services sha ll be determined in one

or

more of the fo llow

in

g ways:

I. By mutual acceptance of a negotiated lump sum properly itemized and

supported by sufficient substantiating data to permit evaluation;

2. By cost to be determined in a manner agreed upon by the Parties and a

mutually acceptab le fixed or per

centage

fee (as provided in the

Co

ntract

Documents, if

applicab

le);

or

3. By the

method

provided in this Section.

E. Disputed Change.

If

none of the methods set forth

in

Section D. I or 2 above are

agreed upon

fo

r Additional Services, the

Co

ntractor, provided it receives a written o r

der

signed by the

County

as a Construction Change Directive, sha ll promptly proceed with

the Add itional Serv ices invo lved. The cost of such Additional Services sha ll then be

determined o n the basis of the actua l expend itures and/

or

savings of those performing the

Services

attr

ibut

ab

le to the change.

In

such case, the

Cont

ractor sha

ll

iso late in its

job

accounting system and present, in such form as the County may presc ribe, an itemized

accounting together with appropriate supporting data for inc lusion in a Change Order

or

Construction Change Directive. Unless otherwise provided in the

Con

tract Documents ,

cost for such Add iti

ona

l

Services

sha ll be limited to the fol l

ow

ing: actua l cost of

materials, including sa l

es

tax and cost of delivery; cost of direct labor as provided by the

per

sonne l rates on Exhibit E; rental

va

lue of

equipment

and

machiner

y; plus a markup for

add itiona l general conditions cost, overhead, and pr

ofit at

not more than 1

5

of the actual

costs incurred by the Additiona l Services

(b

ut

excluding

the costs of personnel as stated

in Exhibit E). A ll indir

ec

t costs,

whe

ther incurred on or off s ite, sha ll be included in the

Contractor

' s overhead.

Pending

final determinat ion of cost to the County, Contractor

must

continue

performance

of

the Services,

and

payments

on

account shal l be

made

on

the Contractor 's Cert

ifi

cate for Payment. The adjustment

to

the Contract Price for any

extra, deletion o r change, wheth

er

it results in a net increase or

decre

ase in the Contract

Price, wi ll be the amount of the actual net cost plus the 15

markup

on such net cost for

general co nditi ons, overhead, and profit. The allowance for overhead and profit shall be

figured on the bas is of the net cost,

whet

her

ded

u

ct

ive

or

additive

wit

h respect to that

change, exclud ing the personnel rates

at

Ex hibit E. The cost

of

a change sha ll include a ll

costs

di rec tly related to the

ch a

nge, and the

Contracto

r sha ll itemize these costs and

provide appropriate supporting data as may be necessary to

es

tablish correctness.

F. Ca p

on Ove

rhead: Profit. The perce

ntages

in a

Co

nstruction Ch

ange

Directive

a

llowed

for general conditions,

over

h

ea

d, and profit in additi

on

to the actual cost of

changes

to the Services sha

ll

be

limited

to

the 1

5

of

the actua l

costs

of

the Contract

or

,

excluding

any personne l costs as provided for in Exhibit E

G. No

Co

ur

se

of Dea ling. No agreement by Co unty to a particular Change Order

submitted by

Co

ntractor shall be

const

rued to estab lish a co urse of dealing between

Co

unty and Contractor r

ega

rding labor

or

e

quipment

rates,

or any

other costs. The

fa

ilure

of

Co

unty to insist that Contractor satisfy any requirements for Change Order requests,

including but not limited to the written notice requirements, sha ll in no way const itute a

25



waiver of the Co unty to insist that Contractor late r

sat

isfy such requirements o r sat isfy

such requir

eme

nts for subse

qu

ent Change

Ord

er requests.

XI Claims

A. Claim. A C la im

'

is a demand

or

asse

rtion by ei ther Party s

eeking

,

as

a matter

of

right, adju stment or interpretation of the Contract Doc

um

ents, Agreement terms, the

payment

of

money, time or

ot

her re

lief

or reso lution

of

issues with respect to the C

ontract

or Co ntract

Document

s. The term C laim·· a lso inc ludes

any

other di sputes or

matter

s in

question between County and Contractor a

ri

s ing out

of

or re lating to the Ag

reement

, the

Program, or a Project , inc luding any C laim a Party may make re lated

in

any way to any

act

or omi

ss

ion of a third party. C l

aims

by either Party

mu

st be initiated by wr itten noti

ce

or th

ey

are wa ived. T he responsibility to substantiate Claims sha

ll

rest w ith the Party

making

the

C laim.

B. No tice

of

C laim. Ea

ch

Party acknowledg

es

the prejudice to the

ot

her as a result

of

any

a

ttempted assert

ion by a Party of C laims except

as

specifica lly pe rmitted herein in

the

pr

ecise manner and str ict ly w ithin the

tim

e

li

mi ts established herein. Cla ims by a

Party must be initiated in writing (

the

Initia l

No

tice ) within seven (7) Days after the

occurrence of the event givi ng ri se to such Claim or the c laim is wa ived. C la ims

mu

st be

initiated by written notice

as provided

in thi s Section to the other Party detailing the

anticipated type and amou nt of

imp

ac t in

tim

e and/or money

of

the event or condition.

Within seve n (7)

Days

after the

conc

lusio n of the event g i

vi

ng

ri se

to such C laim, the

Party making the C laim sha

ll

give the

ot

her party a Final Not ice of the a

ll

eged impact

on the Party in time and mo ney. No a

dditiona

l C laim by a Party fo r the same subject

matter may be made after the F

in

a l

No

tice

fo

r the C laim has been submitted

or

after the

tim

e for submi

ss

ion of the Final No tice has expired. The notice requireme nt

in

thi s

Section sha

ll

be an

expr

ess cond ition precedent to a Party's right to recover under

any

C laim.

I. Cla ims by a Party mu st be made

in

w

nt m

g. The Fina l Notice

of

any

C laim

mu

st contain at least a ll of the fo llowing:

(a) a narrative statement referencing

and

attaching the s

upp

orting

documentat ion and spec ifica lly describing the lega l, factual and

archi tectura l

or

eng ineering basis

of

the Cla im;

(b

)

if

the Claim a

lleges

delay to the

cr

it ica l path, the Claim must

include the precise number of Days o f

de

lay claimed and a ll

a lleged impac ts on the

Se

rvices;

(c) if the C la im a lleges acceleration or constructive acceleration

of

the

Servi

ces

, the C laim must demonstrate the benefits that have been

ac

hi eved

by the accel e ra

ti

o

n. No

C laims

for

acce ler

at

i

on

for

Services that is not on the crit ica l path sha

ll

be permitted. C laims

for additio na l compensa tion or time

fo

r a

ll

eged

acce

leration sha

ll

be

li

mited as

provided

in the Co ntract Documents; and

26



(d)

if

the

Claim

is for additional compensation, the Claim mu st include

a detailed calculation of the precise amount claimed with all

supporting

documentation.

2. Within seven (7) Days

after the

Initial Notice ,

or

after the

conclusion of

the

event

giving

rise

to

the

Claim, whichever

is later, the Party making the

Claim

shall provide the Final Notice to the other Party. Failure to provide the Final

Notice within seven

(7) Days

after

the

Initial

No

tice

or

after

the

conclusion

of the

event

g iving

rise

to the Claim shall constitute a

waiver of

the Claim

against

any

Party. Any waiver by a Party

of

the notice requirements for the initial Notice or

the

Final

Notice for

a Claim, event,

or

occurrence shall not constitute a

waiver of

these notice requirements

for

any other Claim, event,

or

occurrence. All

information required in the Final

No

tice

mu

st be submitted within the

time

limits

established herein.

C.

Continued

Work. Pending final resolution

of

a Claim,

except

as otherwise agreed

in writing

or

in

the Contract Documents

,

Contractor

shall proceed diligently with

performance

of

the

Services

and County

shall

continue

to make undisputed

payments

in

accordance

with the Contract Documents. The making

of

any

payment

by

County

shall

not constitute a

waiver of

any

Claims by County or

an

acknowledgement by County that

Contractor

is entitled to additional

time or money. The

failure

of Contractor

to

continue

to

proceed

with the Services during

the

pendency

of

the Claim shall be a material breach

of

thi s

Agreement.

XII.

Term and Termination

A. Term. This Agreement is for a te rm

of

one I) year b

eg

inning on the Effective

Date,

which

is automatically renewed for up to four (

4)

success ive years, unless

the

Co

ntracting

Officer if

directed so by County Council gives

th

e

Co

ntractor written notice

of

non-renewal not less than

one

hundred

twent

y ( 120) Days

prior

to

the end of

the initia l

or renewal term , as applicable. It is

the

intent

of

the Parties that subj

ect

to th e right

of the

County to

terminate this

Agreement

with

or

without

cause

,

for convenienc

e

or non-r

enew,

the

Parties will fulfill a five (5) year total term for this

Agreement.

B. Termination for Cause.

I.

The

County

ma

y cancel

the

Agree

ment

in whole

or

in part for

cause

in the case

of

the Contractor s material breach

of

this Agreement, default

of

its ob ligations under this

Agreement (excluding a violation

of

Section XIV), neg

li

gence

or ot

her basis for

termination for

ca

u

se as

may be stated

in

the Agreement.

a) ln such instances, the Co unty will provide the Contractor with

n

ot

ice

of

the bas is for the termination in advance,

if

advance n

ot

ice does

not materially affect the interests

of

the Co unty, and provide the

Co ntractor an o

pp

ortunity

to

cure the basis for the termination.

n

instances where an opportun ity to cure is

provided,

the length of the notic e

to cure shal I be twenty one 21) Days.

27



b) Th e Co unty in its so le disc retion may also provide su

gges

tions

fo

r

rem

edy ing the cause. Suc h su

gges

tions do

not wa

i

ve

the

Co

ntractor

s

br

each or default.

2.

If

the Contra

cto

r shall in

st

itute

proceedings

o r con

se

nt to pro

ceed

ings

re

que

sting re

li

ef

or

arran

ge

ment

under

the United

States Bankru

ptcy

Code

or

any

simi lar or app

li

ca ble

federa

l or

state

laws ; o r if a petition und

er

any federal or

st

ate bankruptc

y or in

so

lv

ency

la w is filed

aga in

st the

Co

ntractor and s uch

petitio n is n

ot

dismissed with s ixty (60) D

ays fr

om the

date of

sa id fi l in g; or if

the Co ntractor a

dmit

s in w riting its inabili ty to pay its debts

ge

nerally

as

th

ey

become due; o r

if

it takes a gene ral assignment for the benefit of his cred itors;

or

if a recei

ve

r, liquida tor, tru

stee

or assign

ee

is a

pp

ointed o n

acc

ount

of

its

bankrupt

cy

or in

so

lvency; or if a receiver o f a ll or any s

ubsta

ntial po11im

of

the

Co ntracto r s prope

es

is a

pp

ointed; or if the

Contract

or

abandons

the Se rvices;

or if it rep

ea

tedly fail s,

except

in

cases

for whic h

exten

sion

of time

is provid

ed

,

to p

rosec

ute

pro

mptly and dili

ge

ntly

the

Se rvices o r to s

upp

ly

enough

prope

rl

y

skilled

work

men or proper ma terial fo r the

Serv

ices; or

if

it subm its a n

Appl

i

ca t

ion for Payme

nt

, sworn sta

tement

,

waiver of

li en, affidavit o r do

cument

of

a ny

natur

e what

soeve

r

which

is intentionally fa lsified; or if it fails w itho ut

justifica tion to

ma

ke prompt p

ay

ment to S

ubco

ntractors o r fo r materia l o r labor

or

o therwise breaches its o bligations under any Subcontract with a

Subc

ontractor; o r if a me

chanic

s o r

mat

e ri alman

s

lien or no tice

of

lien is filed

aga inst any pa rt of the Services or the s ite

of tl

e Project and not promptly

bonded or in sured

ove

r by the Contractor in a manner satisfacto ry to the Co unt y;

or if

the Co

ntractor r

epea

tedly d isr

eg

ards any laws,

statutes,

ordinances, rul

es

,

regulat ions or orde rs

of

any

gove

rnmenta l o r

privat

e

juri sd

ic tion of the

Se

rvices

or the site of the Project; or if it o therwise is g uilty of a mate

ri

a l breac h of a ny

prov ision of the Co ntr

act

D

oc um

e nts th

at

is not cured in

the

time as

provided

in

thi s

Agre

e

ment;

then the

Co

unt

y,

without

pr

e

judic

e to any right or re m

edy

ava ila ble to the County under the Contract

Doc

u

ment

s or at law or in e

quit

y, ma y

te

rminate this

Ag

ree me nt with cause. If req u

es

ted by the

Co

unty, the Contract

or

sha

ll

rem

ove

a ny p

art

or a ll o f no

n-Progra

m

ow

n

ed

e

quipm

e nt, m

ac

hinery and

s

uppli

es for the site

of

a ny Proj

ec

t within se

ven

(7)

Days fr

om the date of

suc

h

re

qu

es t, and in the event of the Co ntractor s failure to do so, the Co unty shall

have the

ri

ght to

remove

or store such equipmen t, machinery and suppli

es at the

Co ntractor s

ex

pense .

3. Th

e rights a nd rem

ed

ies

of

the Co

unt

y in this Section are in

add

ition to any

ot

her

ri

g hts a nd remedi es

provided

by l

aw

or under this Agreement.

C

Te

rmin

ation

Without Ca

u

se (for

Co

n

ve

nie nce).

I. The Co unty at its so le option and disc ret ion shal I have the

ri

ght to termin

ate

this Ag r

ee

ment in w ho le or in

part

for its

co

nveni

ence at

any time during the

co

urse

of

perfo rmance by g iving one hundred t

we

nty ( 120) D

ays

w rin

en

notice to

the

Co ntractor.

28



a) Upon rece ipt of a termination fo r co nvenience notice, Contractor

sha ll immediate ly discontinue Se rvices on the date and to the

ex

te nt

spec ified in sa id not i

ce;

unless Contrac tor and the County agree to proceed

w ith a Transition Plan,

to

be presented by

Co

ntrac t

or

to the Co unty.

b) There wi

ll

be no additional costs to the County

fr

om the Co ntractor

or any othe r party upon the Co unty's termination fo r co nven ience. other

than for Servic

es

already perfo rm ed sa ti sfactorily before the date of

te rminat ion of thi s Ag reement and accepted by the

Co

unty.

2. The Agreement a lso sha

ll

be subject to

cancell

ation without dam

ages

or

further obi iga tions of the

Co

unty to the Contractor if funds are not appropriated or

otherwi se made avai labl e to support continuati on of performance of the

Ag r

ee

ment in a subsequent fi sca l period or

appropr

iated year.

D. Effect of Te rmination.

I. If thi s Agreement is terminated or terminates for any reason, and the

County desir

es

the Contractor to pro vide transitional se rvices for another PD

T,

tho

se

se rvices will be provided by the

Co

ntractor on a month ly basis.

Co mpensation shall inc lude a mon thly fee

of

501 ,667 plus Cont

ractor's

ac tua l

costs incurred with overhead and profit limited

to

15 of Contractor's actual (non

Projec t re lated) costs that are not included

in

the monthly fee. The Contr

ac

tor sha

ll

also co mplete Serv ices on any Projects that

are

substantia lly in progress until such

time as the Co

unt

y prov ides rep lac

ement

contractors for said Services. The

Contra

ctor

sha ll be compensated for any such Projec ts for whi ch it completes

Se rv ices in the manner provided for in this Agreement, unless the Co

unt

y

di r

ects

that a repl acement co

nt

ractor shall complete the Se rvices on that Project(s), in

which

case

the

Co

ntrac

tor

sha

ll

be pa id e ither for that prop

or

ti

on

of

Se

rv

ic

es

it

prov

id

ed by taking the percent

age

of Services for each

Ta

sk item completed fo r

that Project(s) and multiplying it by the percentage of compensation that wou ld be

due to the Contractor for such

Task

based on

th

e Fina l Budget Cost for th

at

Project(s) , or

if

the Task was to be paid for in another manner, by an amount

equi tably adjusted to reflect the Se rv ices provided for that Task.

2 . If th is Agreement is terminated o r terminates for any reason, re-producible

cop ies of al I fini shed or unfi ni shed

work

related to any Project, including w itho

ut

limitat ion , documents, data, analysis, ca lcula tions, studies, ma ps, photographs,

rep

or

ts, produced

or

prepared by Co ntractor, or in

Co

ntr

ac

to r s possession shal I be

supplied to Co unty a nd shal l become the property of County.

3. If this

Agreement

is terminated or terminates for any reason, a ll

Subcontracts of the Contractor for Services rendered or to be rendered on the

Proj

ec

t a re

deemed

ass igned to the Co unty

or

the

Co

unty's

de

sign

ee

, except that

the Co unty or the Co unty's d

es

ignee may determine in their so le

di

scre tio n

not

to

accept ass ignment of any

Subcon

tract.

29



E Suspension of the Serv ices.

The Co

unty s

Contract Management

Office r

ma

y

order a suspension

of

the

Se

rv i

ces

( Suspe nsion of the

Se

rvices ) in whole or in part for

such time as he

deem

s necessary.

I. In the event of an unexcused fa ilure of the Co ntractor to comply with any

of the requirements of this Agreement, the Ag reement' s comp letion date shall not

be ex tended on account of any such Suspension of the Services and the Contractor

shal I not be entitled to any co mpensation for any de lay while the Contractor is

attempting to cure any fa ilure to comply with the Agr

ee

ment.

2 . When the Co nt ract Management Officer orders any Suspension of the

Se rvices where the Contractor is not in breach or has failed to comply with this

Agree ment, the Contractor shall be entitled to recover actual expenses incurred

during the suspension

of

the Services.

a)

Actual expenses are tho se such as labor cost subj

ec

t to

r

eass

ignment,

ongoin

g cost such as leases, payme nts to Subcontractors,

demobiliza tion, e tc.

b) A ll such expen

ses

must be reasonably documented and the

Contractor should

tak

e reasonab le care in minimiz ing costs related to the

suspension

XIII Ins ance Requirements

A. Unless the Co unty otherwise directs at any tim e during the Program , the

Contractor sha

ll

be responsible fo r the insuran

ce cove

rages be low and make pro visions to

have similar insurance in its Subcontracts.

8. Within five (5) business days of rece ipt of No ti

ce

to Proceed, Contracto r sha ll

pro vide the Co unty a Certifi

ca

te of Insurance with a ll ins

ur

an

ce

required by the State of

So

uth Carolina and minima lly the be low ins urance with co mpa

ni es

having an A.M. Best

Rating of A-, VII or higher.

I. Eac h certifica te shall s

tat

e it applies to work by o r on beha lf of the insured.

Contractor and its insurers sha ll provide Co unty thirty (30) Days written notice of

any

ca

ncelation, non-renewa l or reduction in coverage.

C.

Contr

acto r must have co

mp

arab le insurance req uire

ment

s for any of its

subcontractors or insure them under

Co

nt ractor' s po lic ies, unl

ess

wa ived in writing by the

Co

unty .

D. A breac h of any insuran

ce

requ irement sha ll be materia l

E A ll such insurance sha ll be at Contractor s ex pen se and be maintained throughout

the te rm of thi s Agreement.

Co

ntrac

tor

shall provide

Co

unty

cer

tificat

es

throughout the

te rm of thi s Agreement.

Th

e Co ntractor sha ll proc ure insurance polic ies fo r the

req uirements h

ere in

. The policies sha ll name the

Co

unty as an additiona l insured under

30



the Co

mm

erci al General Liability and Business Auto Liability po licies. Any

Umbre lla/Excess Liability policy provided to meet the requi red ge

ne

ra l liability and auto

li

ability limits mu st fo

llow

form with all primary po

li

cy cove

ra

ges.

F. Commercial General Liability [nsurance

I. Comm erci al General Liability po licy on an occurrence basis w

ith

limits of

$1,000,000 per occurre

nc

e, $2,000,000 general aggregate fo r bodily injury,

property damage a

nd

personal injury and $2,000,000 products completed

operations aggregate. The po licy shall also include:

2. Contractual liability fo r the tort liability of another party assum ed an

in

sured contr

ac

t .

3. Waiver

of

subroga

ti

on aga

in

st the Co unt

y

its o

ffi

cial

s

age nt

s

employees,

leased and temporary employees and volunteers.

4. T

he

County,

it

s o

ffi

cial, agents, employees, temporary and leased wor

ke

rs

as additional

in

sureds by the

unm

odified latest ISO endorsement CG 20 I

0.

5. A provision that it is primary coverage over all o

th

er

in

surance or self-

insurance even if the policy asserts it is excess, secondary or contingent.

6. Severability of interest.

7. An electronic liability endorsement (CG 04 37 or s imi lar as approved by

the County).

8. Prod ucts-completed operations liability coverage extending at least two

years beyond co

mpl

e

ti

on

of

each

se

parate Projec

t.

9. Include coverage fo r ex

pl

osion, co

ll

apse and underground haza

rd s.

I0. Co

mpl

eted opera tions coverage extend ing at least two

ye

ars beyond the

completion date

of

the Services.

G. Profess

io

nal

Li

ab

il ity In

su

ra

nce. The Contract

or

sha

ll

purchase a profess ional

liability po licy with cla

im

s-m ade coverage. Prior to commenc ing work hereunder, the

Contractor, at its own expense, sha

ll

obta

in

a

nd

maintain, througho

ut

the remaining

duration of thi s Agreement,

th

e

fo ll

owing

in

surance coverage written by a comp any w

ith

an A.

M.

Best rat

in

g

of

A or better. Professional Liability

in

surance covering er

ro

rs a

nd

o

mi

ssions w

ith

a minimum

of

$ 1,000,000 for each act, error or

om

ission a

nd

$ 1,000,000

agg

re

gate. The po licy sha ll state its coverage dates.

H. Bu siness A

ut

o Coverage. Bu s

in

ess Auto Coverage Form with a combined s

in

gle

limit fo r bod ily injury and property damage of 1,000,000 per accident.

Ph

ysical damage

coverage is at the option of the Contractor. The po licy shall also include:

I. Contrac

tu

al liab

ili

ty;

31



2. The County, its officials, agents, employees, temporary and leased

workers, and volunteers are included as additional insureds.

3. A provision the policy is primary and non-contributory to all other

insurance or self- insurance maintained by any additional

in

sured.

4. A waiver of subrogation against the County, its officials, employees,

leased and temporary employees, and volunteers.

I The Contractor shall require its employees and anyone working on its behalf to

provide ev idence acceptable to the

County

of auto liability coverage. The policy shall

cover

owned, hired and non-owned vehicles.

J.

Worker's

Compensation and

Employer's

Liability Insurance. The Contractor shall

provide

worker's

compensation and employer' s liability in accordance with the laws of

the State of South Carolina (other state's coverage is not sufficient.) Employer's liability

limits shall not be l ss than $500 ,000 /$500,000/$500,000. The policy shall contain a

waiver

of

subrogation against the County, its officials,

employees

, temporary and leased

workers

,

and

vo lunteers. Should the County provide an OCIP or CCIP, this policy will

still be required to be provided by the Contractor.

K. Certificate of Liability Coverage. The ce1tificate of liability coverage shall verify

compliance

with the pr

eced

ing r

equ

irements .

L Cancellation, No n-renewa l, Material Change or Reduction in Coverage. The

Contractor sha ll provide the Co unty with a minimum of thirty (30) Days prior written

notice , except ten ( I0) Days for non-payment of premium , of any

ca

ncellation, non

ren ewal, reduction in coverage or any other material change in the re

quir

ed policies. Each

certificate mu

st

state that the insurance applies to wo

rk

performed by or on behalf of the

Co

ntra

ctor

.

M.

The

Co unty shall include similar in surance requirements in

ot

h

er

agreements it

may have with

other

co

nt

ractors, vendors, consultants, including

ar

chitects, engineers and

contractors (non-professional liability insuran

ce)

performing work or serv ices for the

Program naming both the Co unty a nd the Co ntracto r as

Add

itional Insureds.

XIV SLBE and DBE Management

A .

SLBE

and DBE

Law Com

pliance.

I. The Contractor sha

ll comp

ly with all federal, state, and loca l laws,

ord inanc

es

, rules, and regulati ons as

th

ey

apply

to participation by

Sma

ll

Local

Business Enterp rises ( SLB E ) and Disadvantaged Business Enterpri ses ( DBE )

in the implementation of the CT IP. Where conflicts a

ri

se with state and federa l

l

aws

and reg

ul

ations and

co

me to the attention of the Contractor, the Co ntractor

sha ll bring them to the attention of the County and the County shall determine the

appropriate course of action and adv ise the Contractor on how to proceed.

32



2.

Chapter 2-639

of

the Richland Co unty Co

de

of Ordinances

(t

he

Ordinance )

in

effect on the Effective Date of thi s

Agreement

is inco rporated

into the Agreement by reference. The Co unty, in its so le reasonable disc retion,

may e l

ect

to terminate the

Agreement

For

Co

nve

ni

ence pursuant to Section X

C.

of this

Agreement

for the fa ilure of Contractor to (a)

comply

with the Ordina nce

a nd/or (b) to m

ee

t the leve ls of SLBE partic ipat ion presented in the Contractot)s

RFQ Res pon se and its verbal re

pr

esentat ion to County Counc il

of

fifty-one (5 1 )

percent

SLBE

pa rtici pation by SLBE Subcontract

ors

and/o r Brownstone in the

Se

rvices (co llective ly, the SLBE Representations ) and accepted by the Co unty

in

this Agreement. Should the

Co

unty e lec t to terminate this

Ag

reemen t For

Convenience for Co

nt

ra

ct

or's violation of this Section XIV, then the

Co

unty sha ll

have, in addition to any

other

remed ies it ma y have for

Te

rmination fo r

Co nvenience, the remedies provided in Section XIV.A. I I .

3. During the antic ipated full term

of

this Ag r

ee

ment (five (5) years, unless

this Agreement is properly terminated earlier) ,

Co

ntractor agrees to fulfill the

SLBE

Re

prese

ntations. The

SLBE

Subco ntractor contracts submitted by

Co ntractor to the Co unty

's

SLBE pro

gra

m sha

ll

specify the percentage of the total

aw ard amount

and

the

estimated

eq uivalent dollar

amount

of Work allocated fo r

each SLB E Subco ntractor and Brownstone, the ty pe of Services to be perfo rming

a Co

mmer

c ially Useful Function, and such

other

informatio n as

may

be

reasonably re

quir

ed by the SLBE program.

a) It is recognized by the Parties that the Program Cost is subject to

change due to many variables such as the actua l Fina l Project Cost for

indiv idual Projects, possible wage esca lations, exclusion of specific

projects, and other circumstances.

Therefore

, the individua l pe rce nt

ages

of

SL BE Subcontractor or Brownstone partic ipation may vary from the

SL BE Re

prese

ntations. H

oweve

r, notwithstanding any such variation, the

Co

ntrac to r shall not dev iate from the SLBE Representations of an

ove

ra ll

ti fty-one (5 I ) SLBE Subco ntractor and/or Brownst

on

e's participati

on

to

be paid from co

mp

ensation paid to the Contracto r for performance of a

ll

Tasks in Ex hi bit B, unless excused or waived unde r thi s Section X IV.

b) To

the

ex

tent a

ce

rtified

SLBE

firm is not performing a

Commerc ia lly Useful Function within the meaning of thi s

Ordinan

ce and

this Agreement, do

ll

ars paid to that SLBE firm sha ll not be counted

towards sa ti sfaction of Contractor' s

SL

BE Re prese ntations.

c) Chan

ges

in any

SLBE

Subc ontractor or Brownstone' s partic ipation

percenta

ges

that make up the total

of

the

SLBE

Representations must be

reported by the Co ntractor to the OSBO with Co ntrac tor's monthly

in voices to the County.

d) Changes in the 5 1

SLBE

Representations. It is recognized by the

Part ies that at the time of the Effective Date o f this Agreeme

nt

, th

ere

are

substantial unknown facto rs involv ing the future implementa tion of the

33



Program and the Projects listed at Exhibit C that are pa1 of thi s Program,

includ ing but not limited to delays caused by federal or state regulatory

authorities that

cou

ld push the i

mp

lementation of some Projects beyond

the

ant

icipated five (5) year term of thi s Agreement, the removal of

Projects from the Program by the Co unty. change in scope of Program

Projects by the Co unty, substantial increases in Project Fina l Budgets, or

as a result of third party interference , and

other

factors beyond the

Co ntracto r

s

reasonable contro l For examp le , the Contractor has

represented to the County that at the time of the Effect ive Date of thi s

Agre

e

ment

, the

Contractor

cont

emplates

utilizing more than 5 SLBE

Subcontractor

and/or

Brownstone s pa1ticipation

on CE

I as a means of

me

et

ing Contractors

SLBE

R

ep

r

ese

ntations. If, however, the number

of

Projects requiring CE I is red u

ced

, or if such Projects are de layed beyo nd

the five (5) year term of this Agreement, the Contractor s plan to meet its

51 SLBE Representations could be mater ia lly affected sin

ce

it wou ld not

be ab le to utili

ze

as much SLBE Sub

contractor

and/or Brownstone s CEI

Services

as pl

anned

by the

Cont

r

actor

to meet its

SLBE Repr

esentations.

The County recognizes that the Co ntractor, should the Contractor act in

good faith to

co

mply with its

SLBE

Representations, may nonetheless n

ot

meet

its SLBE Repre

se

ntations because of such factors beyond the

Contractor s

reasonable control. Shou ld such event occur, the Contracto r

will wo

rk

with the

OSBO

office to make every reasonable effo1 to adj ust

its utilizati

on

of SLBE

Subco

ntractors and/o r Brownstone to reach as hi gh

a percentage of overal l uti lization of SLBE Subcontractors and/or

Brownstone as is commerc ially poss ible . Therefore:

(I) Sho

uld any action or inact io n by the

Cou

nty , ac tion or

inactio n by a th ird party, or an

event

that is not reasonably in the

co

nt

ro l

of

the Contractor r

es

ult in the

Co

ntractor

not

ach iev ing the

SLBE

Representations, to the

ex

tent that the Contractor can show

that its ability to meet

it

s SLBE Representations is negatively

affected by such action as stated

in

this Section X I

V.A

.3.d.( I),

and

the Contractor

ca

nnot in good fa ith compensate for the reduction in

SLBE

Subcontractor and/or Br

ownsto

ne s participation in the

Program or Project(s), then the SLBE Representations shall be

equitably adjusted to retl

ec

t the effect of such ac tions beyond the

Contractor s r

easonab

le control had o n its

ab

ility to meet its SLBE

Representations.

(a)

The

Contracto r and the OSBO shal l attempt to ag ree

upon the

amount

of

such equitable ad

ju

stme

nt

If the

Contractor and the OSBO fa il to reac h such an agreement

in a rea sonable

amou

nt

of

time and the OSBO rejects the

Co ntractor s reques t in wri ti ng, then the Co ntractor shal l,

after

rece iving such written re

jection

from

OSBO,

make a

Claim fo r the amount

of

equitable adjustment in the manner

as provided fo r in Section XI of this Ag reement.

34



(b) If the Contractor, the

OS

BO, and the

Co

ntracting

Officer agree on the amount of the equitable adjustment,

the reques t for equitab le adjustme nt shal l be presented to

Co

unty

Co

unc il , which may

agree

or dis

agree

w ith the

equitab le adjustme

nt

requ

es

t

(c) If Co unty Co unc il does not

ag

r

ee

w ith the equitab le

adjustment request, then the Contractor may ma ke a Cla im

for the amount of equitable adjustment in the manner as

provided for

in

Section X I of this Ag r

ee

men

t

(2) Should the Contrac tor requi re the rep l

ace

ment of

an SLBE

Sub

co

ntractor and/or Brownstone for reasons that are in the

Contractor· s contro l, s uch as the

Co

ntrac tor s termination fo r cause

of an SL BE Subcontractor and/or Brownstone, the

Cont

ractor and

the C

ount

y sha ll fo ll

ow

the provisions of

Sec

tio n XIV.A.7. be low

fo

r

Co

ntractor to repla

ce

the SLB E Subco ntr

ac

tor and/or

Brownstone.

(3) The pro

vi

s ions of this S

ec

tion X IV.A.3.d.( I) app ly on ly if

the Co ntracto r s ac tions or in

act

ions do n

ot ca

use or mate

ri

a lly

contribute to the fa ilure of the Cont ractor to mee t its SLBE

Rep

resentations.

4. Sho uld an o rig ina l SLBE Subcontractor , B

row

nstone or SL

BE

Jo int

Venture partic ipant graduate from the SLBE pr

ogra

m du ring the te rm of the

Ag r

ee

ment , such SLBE Subcontractor, Brow nstone or the SLBE Joint Venture

sha

ll

be d

ee

med an SLBE

fi

rm fo r the rema inder

of

the Ag r

ee

ment, and a

ll

co mpensation paid

to

such

SL

BE firm sha

ll

be

co

unt

ed as SLBE

ut

i

li

zatio

n under

this Ag reement, prov ided that the SLB E Subco ntractor, Brow nsto ne or SLBE

Jo int Venture par tic ipan

t s

graduat ion, rem

ova

l o r te rmination from the SLBE

program was not cau sed by any misrepr

ese

ntation, fraud, or oth

er

improper

co nduct.

5.

Co

ntractor unde rstands a nd agrees that authori

zed Count

y rep rese

nt

atives

may , upon request, have reasonab le access to and may exam

in

e Co ntractors

books, records,

fi

les , executed contracts, service agreements, ut

il

ization

commitment forms and other pertinent documents to the extent that such material

is re l

eva

nt to make a determination of wh

et

her

Co

ntractor is

comp

ly ing w ith the

SLBE

Representat ions at any tim e during the te rm

of

this Ag r

ee

men

t Th

e

Co

unty may a l

so co

nduct unannounced i

nspec

ti

ons

to verify the

SLBE

Represe

nt

a tio ns but, in do ing so , sha ll ob

se

r

ve

a ll workplace safety ru les and

regulations and sha

ll

not dis

ru

pt the operatio ns of the Contractor or SLBE

Subco ntrac tor during the inspections. The Contractor sha ll pass down these same

rights

of

the Co unty in the SLBE Sub

co

ntractor Co ntracts and sha

ll

require its

Subco ntractors to do the sa me fo r thei r sub-subcontractors.

35



6. The Contractor , within thirty (30) days

of

the Latest Approved

CT

IP (and

thereafter within thirty

(30) days

of the

next

Latest

Approved

CTIP, or if there has

not been a Latest Approved CT IP in twelve months (ca lled herein a year which

means twelve months m

eas

ured from the Latest Approved CT P), the yearly

anniversary date of the prior Latest Approved CT IP), shall submit to the OSBO its

anticipated Program Cost for the next twelve months, which will include the

amount of

Cont

rac tor

's

Fee for its Services und

er

Task I

of

Exhibit B and

Contractor's best

goo

d faith

es t

imate of other compensation it anticipates it will be

paid as provided for in the other Tasks in Exhibit B to this Agreement (as defined,

the Estimated Program Cost. ) The

Co

ntractor sha ll also include

in

the

Est imated Program Cost its best good faith estimate of the percentage of that

Est imated Program Cost that will be paid to each of the Contractor's SLBE

Subcontractors. All parties understand that the Estimated Program Cost is simply

an estimate by the

Co

ntracto r to be used as a reference point for the OSBO

on

a

yearly basis to evaluate the Contractor's yearly goals for comp liance with the

Contractor's SLBE Subcontractor and/or Brownstone

's

utilization

a)

T he OSBO and the Co ntractor shall, at least every six (6) months

after subm

ission

of

the Contract

or

' s Estimated Program Cost, review the

Contractor's actual utilization of SLBE Subcontractors and/or Brownstone

as

compared to the most recent Estimated Program Cost (the SLBE

Pro

gress Eva

luation ).

The Co

ntractor sha ll ,

at

this time, revise the

Estimated Program

Cos

t for the nex t six month period

and

provide it to the

OSBO.

b) Shou ld

the

OSBO reasonably determine that ( I) the Contractor is

not o r ca nnot meet its

SLBE

Representations at any time after the second

year of the Agreement; (2) the Contractor's Estimated Program Cost fo r

that particular

yea

r is

not

r

easonab

ly related

to

the

SLBE

Representations

for the five (5)

year

period; o r (3) the Contractor during the

yea

r is not

demonstrating compliance with its Estimated Program Cost for that

particular year (assuming that the Agreement is renewed and not

terminated prior to a total of five (5) years) , the OSBO may require the

Con

tr

actor

to

present

to the

OSBO, wit

hin fourteen (14) Days, a written

Corrective Action Plan

( CAP ) whereby

the

Co

ntractor will

se

t out the

steps it will take to meet the SLBE Representations by the end of the fifth

year of

th e Agreement. The OSBO may accept or reject the

CAP

in

writing within

seven

(7) days of its submiss ion by the Contractor. The

OSBO shall make its determination under this Section XIV.A.6.b. ba

se

d

upon:

( I) An accounting

of

historical annua l compensation paid to

Contractor's SLBE

Subco

ntractors, Brownstone, and the ir

respective other Subcont ractors;

(2)

An

assessment of remaining Services to be performed

under

the Agreement and the capabilities o fSLBE firm s to perform

36



such types and quant1t1es of Services, as determined consistent

with Section XJV.A.3.d.(1); and

(3) The

OSBO

s verification by those procedures as stated in

Section XIV.A.5. above

that

the compensation being paid the

SLBE

Subcontractors is for Services actually performed in

Commercially Useful Functions.

c)

After

an SLBE Progress Evaluation, should the OSBO reasonably

determine: (I) that the CAP is unacceptable, (2) that the Contractor refused

to take any action required under this Section, or (3) that the Contractor is

unable to

dem

onstrate that it can meet its

SLBE

Representations in the

time remaining

under

the Agreement, the OSBO may, in writing,

recommend to the County Administrator that the Agreement be suspended

or terminated, that

relief

be afforded under this Section to the County, or

that the County take other such actions with regard to thi s Agreement as

ma

y be fair and

just

under the circumstances. T he Contractor shall be

provided with a

cop

y

of

such

recommendation

as soon as practicable, but

not less than forty-eight (48) hours

after

it has been delivered to the

Co

unty Administrator.

d)

The County

Administrator sha ll , in writing, accept, reject, or revise

the OSBO recomm endati on within seven (7) d

ays of

rece ipt from the

OSBO.

The

County Administrator sha ll provide a copy of the County

Administrator s decision to the Contractor as soon as practicable, but not

less that forty-e ight (48) hours after it has been de livered to the County

Admini strator.

e) Should the County Administrator accept or revise the OSBO

recommendation where the County Administrator s dec ision would have

the effect

of

suspending, terminating, or not renew

in

g thi s Agreement, or

h

ave

the effect of

imp

osing upon the Contractor any of the SLBE Program

Termination

Expe

nse

under

this Section, the

Cou

nty Administrator sha ll

fo rward such decision to County Counc il for consideration. The

Contractor may within seven (7) days

of

receipt

of

the County

Administrator s dec ision, appeal sa id decision to

Co

unty

Co

unc il in

writing stating the bas is of such appea l Whether or not the

Co

ntr

actor

appeals the decision of the County Administrator, only County Council

may suspend, terminate, or non-renew this Ag r

eeme

nt, or impose

SLBE

Program

Termination

Expen

se

upon the

Co

ntractor Co unty

Co

unc

il

is not

limited by any r

ecommend

ation

of

the

OSBO or

decision by the

Co

unty

Administrator with respect to any action

it

m

ay

take in connection with

this Ag r

ee

ment.

f Except as expr

ess

ly otherw ise stated in th is Section X IV, the

provisions of this Section concerning notice of breach or breach of this

Section X IV supersede any conflicting terms and provisions e l

sew

here in

37



this

Ag

reement regarding the

Co

ntrac

tor

s breach of any

ob

ligation under

this Section.

7.

If

Co

ntractor

is unable to

me

et the SLBE Represe

nt

ations by utiliz ing the

certified SLBEs spec ified in

th

e SLBE Re

pr

esentations,

Co

ntra

cto

r sha

ll

exercise

goo

d faith in see

king

additional or substitute ce rtified

SLBE(s)

to fulfill

Contractor s

SLBE Repre

se

ntat ions. In the

event

that after use of r

easo

nable,

good

faith efforts to mee t its SLBE Rep resentations,

Co

ntrac

tor

is abl e to

demonstrate to the r

easo

nab le

sa

tisfaction of

OSBO

that an insuffic ient

numb

er of

qualified, wi lling

and

ce11ified SL BEs are avai lab le in the market area to provide

the requisite l

eve

l of

goo

ds and/or serv ic

es

req uired

to

fulfill the SLBE

Repr

esent

at

ions, Contractor may re

quest

a

waiver

or reducti on of its SLBE

commitment

in its SLBE Representations by completing Form D, the SLBE

Pa11icipation Waiver Request Form. The Cont ractor may also request such a

wa

i

ve

r should an

SLBE

Sub

contract

or

or

Brownstone or the scope of

wo

rk of an

SLBE

Subcontractor

or Brownstone

li

sted

on

Exhibit J be eliminated by the

Co

unty in

accordance wit

h

Sec

tio n XIV.A.3.d. A

ll

such

wa

ivers and/

or

substitutions for ce rtified

SLBE

firms spec ified in Exhibit I mu

st

rece ive pri

or

written approva l by the

OSBO. Suc

h approva l sha

ll not

be

unreasona

bly

withheld. OSBO sha ll submit its response to the Contractor s waiver request

within seven (7) days of

OSBO

' s rec

eip

t of the completed Form D.

8. By entering into this

Agreeme

nt,

Co

ntractor agrees to pay a ll SLBE

Subcontractors and Brownstone (as it must

pay

all Subcontractors) w ithin seven

(7)

Day

s

of

r

ece

ipt

of payment

from the

Co unt

y upon r

ece

ipt

of

invoice from the

Subcontracto

r.

Beginning with the

seco

nd pay request from

Co

ntr

ac

tor to the

Count

y,

Co

ntractor ag rees to provide the

Co

unty with written

evide

nce that a ll

Subcontractors have been paid out of the proceeds of the prio r payment unless a

va

li

dated dispute, d

oc

ume

nt

ed in writing, ex ists between

Co

nt

ractor and the

unpaid Subcontrac tor(s).

No

thing here in sha

ll

prohibit the

Co

ntractor from

withhold ing payment to any Subcontractor for reasons permitted by thi s

Agreement

, Richland

Co

unty o r South

Ca

ro lina law.

9. In addition, Contractor ag rees to submit th e fo llow ing to the Co unty and

the OSBO when requ

es

ted:

a)

Cop

ies

of

signed Subcontracts (together with any modifications,

change orders, and re lated co

rr

espondence) with a

ll

busin

ess

enterpri ses,

including certified SLB E Sub

co

ntractors and

non-SLBE

Subcontractors,

be ing utilized to perform a portion of th e Se rvices provided for by this

Agreeme

nt

;

b) Monthly Certi fied Pay ro

ll

s fo r the Contractor and for a ll Program

Subcontractors ( Ce rtifi ed Payro lls sha ll mean payrolls

ce

rtified in the

sa

me man ner as req uired by the

SCOOT

on federa

ll

y funded

co

nstruc

ti

o n

projects o r as the

Co

unty may otherwise direct);

38



c) Re ports and documentation, including cance led checks

or evidence

of e lectronic disbursements, veri fy ing payments

to

a ll Subcontractors

being utili

ze

d to achieve the Contract goals; and

d) Reports and documentation on the extent to which the Contractor

has

awarded

subcontracts to business enterprises reg istered in the

County

' s

Centralized Bidder Registration

System under

co

ntracts n

ot

affected by the

Ordina nce.

I

0.

Before final p

ay

ment may be made under this Agreement at the end of five

(5) years (o r otherwise, if this Agreement is properly terminated prior to the e nd of

five (5) years), Co ntrac tor must submit Fo rm E, the Subcontractor Utiliza tion

Form, with its fina l

in

voice for p

ayme

nt. The Subcontractor Utiliza tion Form will

inc lude a list of the

name

s of a ll Subcontractors utili

ze

d on the co ntrac t, both

SL BEs and non-SLBEs, and the total amount paid to each Subcontractor,

including the amo unts fo r any change orders. The Co ntractor sha ll submit a draft

Form E

to

the OSBO

at

l

east

six (6) m

on t

hs before the end date of this Agreem

ent

in order for the

Co

unty to assess time ly the Contract

or s

co mpliance

and

Co ntractor s likely comp lian

ce

with the Ordinance, the provisions of this Section,

and the SLBE R

ep

r

ese

ntat ions (as may have b

ee

n mod ified under Section

X lV.A.3.d.) by the e nd date of the Ag reement.

. If Co ntractor fai ls to

comp

ly with the requirements of the Ordinance or

breaches the co ntrac tual terms provided in thi s Section, it is subject to the

fo llowing penalties at the reasonab le di

sc

retion of the

Count

y:

a) Impos ition of SLBE

Program

Terminat io n Expense to be he ld back

from Contractor·s payment and/or charged back to Contr

ac

tor. The SLBE

Program

Te

rmin

at

ion Expense rep r

ese

nts a liquidated sum

agreed

to by the

Pa11ie

s

fo

r the add iti

ona

l internal ad ministrative costs and outs i

de

costs to

the County ca u

se

d by the Contractor ' s breach of its SLBE

Representations. The Co ntractor and the Co unty

ag

r

ee

that the SLBE

Prog ram

Ter

minat ion Expense

amo

unt is reason

ab

le

comp

ensation to the

Co unty for such

co

sts

in

the event

of

a breac h

of

this Section X

IV

by the

Cont ractor. The amount of the SLBE Program Terminat ion Expense is

One Million, Two Hundred Tho usand

( 1,200,000)

Do llars and no/cents.

b) T he SLBE Program Termination Expense is the County's

exc

lusive remedy for any v io lation of Section XIV by the

Co

ntractor;

provided, however, nothing herein sha ll limit or restrict:

( I) T he Count

y s

rights under Chapter

2-62 1

.2 of the Rich land

Co unty Code

of

Ordinan

ces

(Authority to Debar or Suspend), and

(2)

The

Parties' rights

an

d remedies

fo

r a Termination for

Co nvenience , as pro vided in

Sect

ion X I of this Agreement.

39



c) The Contractor may appeal any determination o SLBE Program

Termination Ex penses in the manner provided in Section X

lV

.A.6. d, e,

and f above.

12. Shou Id

th

e Cou

nt

y implement ordinances

th

at provide for the same types

o

SLBE requirements as provided for in

thi

s Section XIV .A. that are not provided

fo r in the Ordinance as o the Effecti

ve

Date o this Agreement, the County and

the Contractor may by mutual agreement agree to replace any part

o

this Section

XIV A with s

uch

new ordinance requirements.

B. Sheltered Market Program. The Contractor shal l assist the SLBE program

to

identi y projects qualified to be placed in the She

lt

ered Market Program for SLBE and

Emerging SLBE participants to compete for exc lusively.

C.

DB

E Participation Programs. The Contractor shall assist the County to comply

with State and Federal DBE requirements where necessa ry.

D. Student Internship Program. The Contractor shall develop a student internship

program in cooperation with area educational institutions. The Contractor sh

al

l encourage

its Subconsultants and Subcontractors

to

provide opportunities for students to participate

in the student internship program.

E.

Central Employment Database. The Contractor sha

ll es

tablish a Central

Employment Database (·'CED ) accessible to members o the public interested in

submitting applications for employment with contractors and vendors participating in the

CTIP . The CED wi ll be made avai lable to contractors, subcontractors, and vendors. The

CED will be access

ibl

e both e

le

ctronically and manually by

th

e public. Job applications

w

ill

be made available through the OSBO, the South Carolina

Bu

siness One Stop, the

Richland County Library system, and other public places as identified by the Contractor

to the County .

F. Business Engagement. The Contractor shall develop, adm

ini

strate, and man

age

a

program to encourage businesses located in Richland County to participate in the CTIP.

The Contractor shall also provide prototypical plans and specifications to businesses for

bike racks, benches and other amenitie

s.

The

Co

ntractor will provide a list

o

contractors

to businesses capable

o

installing the benches and bike racks. The County wi ll reimburse

the Contractor fo r th e cost to adm

ini

strate and manage the program.

G. SLBE Certifications. SLBE certifications for th e SLBE Subcontractors at the

Effective Date of this Agreement are attached at Exh ibit D.

H. Nothing

in

thi s Section XIV shall be construed to limit whatever rights and

remedies the Contractor may have under this Agreement and app

lic

able law to challenge

any act or omission of

th

e County including

th

e right to

fil

e lega l action exc lusively in

the Richland County, South Carolina Court of Comm on Pleas regarding any action or

in

ac

tion

o

the Co

un

ty, or to assert any defen se to any cl

aim

by the County. Likewise,

nothing in this Section XIV.H. sha ll be construed to limit whatever rig

ht

s

o

the County

that arise under thi s Section XIV of the Agreement.

40



XV neral Provisions

A.

Indemnifica

ti

on.

I. The Contractor, as part of its duty

of in

demnification, sha

ll

defend a

nd

hol d harmless

th

e County from any costs aris

in

g out of the pro secution or defense

of

any action a rising o ut

of

th e Contr

ac

tor s perfo rmance un der this Agreement, to

the extent the claim was due to the neg l gent acts , o

mi

ssions or wrongdo ing

of

the

Contractor in administering or performing this Agreement. The Cont ractor shall

inde

mni

fy ,

sa ve

harmless, and defend the Co unty, its officer

s

agents, and

employees aga inst a

ll li

ability, c la

im

s, fines, penalties, and costs of whatsoever

kind and nature fo r any losses, injury or death to any person or persons or from

loss or damage

to

any property occur

rin

g in connection w

ith

or

in

any way

in

cident to or ari s

in

g out

of

or in any way connected with

th

e Work and/or

per

fo rm

ance pursuant to this Agreement, to the extent resulting in whole or in part

from th e

ne

g gent acts or omi ss ions

of

the Contractor, its officer

s

agents,

empl oyees, or other representatives, with respect to the administration

of

t

hi

s

Agreemen

t. "'

2. The Contractor agrees to not ify the County of any claims asserted or

brought against the Contract

>

r aris in g from this Agreement which may potentia lly

expose

th

e County to liability and to coordinate w

ith th

e County on any issues of

governmental or pub lic interest or concern .

3. The Contractor sha ll notify the Contract Ma nagement Officer

of

the fil ing

of any I

ti

gation or arbitration a

ri

s

in

g from this Agreemen

t.

In the event

of

partic ipation by the County in the defense of any claim, which sha

ll

be solely at

the disc retion of the Co unty, the Co un ty sha ll be r

es

ponsible fo r

it

s own attorney s

fee s, costs and other expenses. The Contractor will not se tt le any cl

ai

ms aris

in

g

hereunder w

ith

o

ut th

e express written prior permi ss ion of

th

e Co ntract

Management Officer.

4. The Co ntractor may control the defense of any litigation arising under th is

paragraph and a ll related settlement negotiations unl ess the County is a party.

5. The Contractor further agrees that

in

the event it

is

requested to produce

in

any litigat ion any co nfidential doc

um

ent or information referring or re lat ing to the

Coun ty it sha ll not, where po ss ib le, produce

th

e req uested material before it has

notified the Contract Management Officer and prov ided the County a reasonable

opportuni

ty

to appear a

nd

o

bj

ect

to th

e production

of

the County's confidentia l

mate

ri

a

l.

·

6. Where app licable, a ll requirements

of

the Contractor regard in g

inde

mn

ificat ion set fo rth in this section shall be imposed on all Subcontractors

requiring

th

e Subcontractors to defend and

in

demnify

th

e County

in

l

ke

fa s

hi

on.

The County sha

ll

include a similar indemnificat ion clause

in

other agreements

th

ey may ha ve with all other contractors, ve ndors, consulta

nt

s including

4



architects , enginee rs and

contractor

s

performing

Work or

Services in

the C

TIP

inde

mnif

y ing both the County

and

th e

Co

ntractor.

B Applicab

le

Law

s.

The Contractor

and

it

s Sub

co

ntractors will

comp

ly with a

ll

applicable federa l, s tate, and loca l laws

and

regulations, including but not limited to:

l. American

s

wit

h Di

sab

ilities

Act (ADA);

2. Ant i-Kickback

Ac

t

of

1986;

3.

Cont

ract

Work Hour

s a nd

Safety Standard

s Act;

4. Department

of

Hea lth and Environmental Control DHEC);

5.

South Caro

lina

Drug

Free

Workplace Act

;

6. E

li

gibility for employ

ment

under United States immigration l

aws;

7. Emp l

oyment

E

li

gibility Verification: prescribes pol i

cies and proce

dures

requiring contractors to utilize the

Department of

Homeland Security (OHS),

Un ited States Citizenship

and

Immigrati on Serv ice

s

employment elig ibi lity

verificati

on

program E- Verify)

as

the means

for

ve

ri f

y ing

emp

l

oy

me

nt

e

li

g ibility

of certa in empl oyees;

8.

Emp

l

oyment of

Workers with Disabilities;

9. Equal

Emp

lo

yment Opportunity;

I0. Env ironm

en

tal Protection A

ge

ncy (EPA) regu l

at

ions;

11 . Fa ir Labor

Standard

s Act

(FLSA);

12.

Governme

ntal price r

eg

ulations/

ord

e rs

(a

s requir

ed

by law, the

Contrac

tor

will deliver proof that materials so ld or installed and services rendered comply

with price regulations)

if

a federal grant project;

13. Maximum

hour

s and minimum

wage

s;

14.

No

ndi s

crimination

beca u

se of

age;

15.

Occupationa

l

Safet

y

and Hea

lth

Admini

stra tion

(OS

HA) e.g., all

mat

erials a nd services furnish

ed meet

or

exceed

OSHA safe

ty standards);

16. Statutes reg

arding

qua Ii ficatio n to do bus iness;

17. Statutes prohibiting employment di s

cr

imination;

18. Walsh-Hea ley Pub

li

c

Co

ntracts

Act

;

and

42



The Prompt Payment Requirements of the Richland County Code of

Ordinances, Chapter 2, Administra

ti

on; Article X, Purchas ing.

20.

Co ntractor further represents and warrants that it will comply with the

County's Commerci

al

No

ndi

scrimination Ordinance, as described under Section 2-

647

of

the Richland County Code

of

Ordinances.

a) As part

of

such compliance, the

Co

ntractor shall not di scriminate

on the basis of race, color, religion, ancestry or national o

ri

g in , sex, age,

marital status sexual orientation , ge nder identit

y

or on the basis of

di

sabil ity or other unlawful fo rm s

of di

scrimination in the so licitation,

selection, hiring, or commercial treatment

of

Subcontractors, vendo

rs

,

suppliers or comm erc

ia

l customers, nor sha ll

th

e Contractor retaliate

against any person fo r reporting insta

nc

es of such discrimination.

b) The

Co

ntractor sha provide equaI o

pp

ortunity for sub

co

ntractors,

vendors and suppli ers to participate in a

of its public sector and private

sector subcontracting and supply opportunities, provided

th

at nothing

contained in thi s clause shall prohibit or limit o

th

erwise lawful efforts to

remedy the effects of marketplace di scrimination that have occurred or a

re

occurring in the Co unty· s re leva

nt

marketplace.

c) Moreover, the Contractor affirms

th

at

it

will cooperate ful ly with

any County inquiries regarding the Contractor s complianc e w

ith

this

Ordinance.

d) The Contractor understands and agrees

th

at a material v

iol

ati on of

this clause shall be cons idered a material breach

of

this Agreement and

may result

in

termination

of

this Agreement,

di

squalification

of

the

Contractor from participating in County contracts, or other sanction

s.

e) T

hi

s clause is not enfo rceable by or for

th

e benefit of, and creates

no obligation to, any third party. The Contractor sha ll include this clause

in any Subcontracts which it may enter in the perfo rmance

of

this

Agreement.

C. Governing Law/

Di

sputes.

I. Notwithstanding any other prov1s1on of this Agreement,

al

l di sputes,

cla

im

s or co

nt

roversies where the County is a party a

ri

sing out of or relating to

this Agreement sha

ll

be

resol

ve

d o

nl

y

in th

e Co

urt

of

Common Pleas for Ric

hl

and

County, So

uth

Caro lin a to the exc lusion of all other courts.

2. This provision app lies to the Contractor and to any di spute, cla im or

controversy any person or entity in the cha in of privity with the Contractor for the

execution of the Services in the

Pro

gram has with the County

as

we

11

43



3. The Contractor

ag

rees that any ac t by the County regarding the Ag r

ee

ment

is not a wa iver of the County s rig

ht

to sovere ign immunity under state l

aw,

to the

ex

tent any

such immunity ex ists.

4. The

Cont

ractor consents that any papers, not ices, or process necessary or

proper for the initiation or co ntinuati on o f any dispute, c laim, or controversy

relat ing to this Agreement; fo r any court action in connection therew ith; or for the

entry of

jud

gment on any

awa

rd made, may be served on the Contractor by

ce

rt ified mai l (return receipt reques ted) addressed to the Contrac tor at the a

ddr

ess

provided

as

th

e no tice

addre

ss

in

this

Agreement or

by persona l service or by a ny

other manner that

is

permitted by law , in or o utside South Ca rolina. Not i

ce

by

ce rtified mai l is deemed duly g iven o n the date s

hown

on the return receipt.

5. The Ag reement shall be construed under the laws of the State o f South

Carolina.

D. Permits and Licenses. The Co ntractor sha

ll

, w itho ut additiona l expense to the

County, be responsible for obtaining and maintaining in for

ce

at al l times any n

ec

essary

licenses and permits required and issued by a municipality or the County for conducting

business . The Co ntractor is responsible at a ll times for obtaining appli

ca

ble wo rk permits

and lice

nse

s from the

Count

y s Bui lding Inspecti

on

and Busin

es

s License Departments.

Co

ntr

actor

s lice nse

numb

er, person s name, and busin

ess

n

ame

must a ll be sh

ow

n

on

a ll

required licenses.

E. Safety. H

ea

lth. and

Secur

ity Precautio ns. The Contractor sha

ll

take reasonable and

proper safety, h

ea

lth and security preca utions to protect its workers and the Co unt

y s

property, wo rk

ers

, and the public

at

all tim

es

during

th

e te rm of this Agreeme nt. T he

Contractor shall provide a Direc tor of Safety.

F. Contracto r s Record K

ee

ping Duties and FOIA.

1. The Contractor sha ll maintain

cop

i

es

of a ll of the Program s and related

Project s contracts, drawings, spec ification s, addenda, change orders

and

other

modifications, in good order and marked currently to r

eco

rd all field cha nges

m

ade

during construction, and, in additio n, approved shop drawings, product data ,

sampl es, and other simi lar required submitta ls mu st be maintained at the job site.

Th

ese

sha

ll

be ava

il

ab

le to the

Co

unty.

2. Co ntractor shall keep fu ll and detailed accounts and records and

exe

rcise

such cont rols as may be necessary for proper financ ia l and record management

und

er

th is Agreement, and the acco unting and cont rol systems s ha

ll

be sa tisfactory

to

Co

unty. County and

Co

unty s acco

unt

an ts, l

awye

rs and co nsultants sha ll be

afforded access to and shall be permi tted to audit and

cop

y Contractor s records,

books ,

cor

res po nde nce. instructions, drawings , rece ipts, sub

co

ntracts, purchase

44



orders, vouchers,

mem

oranda and other data re lating to this Agreement, a nd

Contractor sha ll preserve these for a period of three

ye

ars a

ft

er fina l payment, or

for such lo n

ge

r pe riod as may be required by law. Co unty sha ll have the right to

access a

ll

such reco

rd

s at any time aft

er

seven (7) Da

ys

written notice.

3. All financia l records sha ll be maintained in acco rdance with generally

accepted accounting procedures, co ns istently app lied . Subcontractors retained by

C

ontract

or sha ll have the sam e obligatio ns to reta

in

records and permit audits as

required of

Co

ntractor.

4.

If

any inspection by Co unty, or its representatives, of Contractor s records,

boo ks,

co

rrespondence, instructions, dra wings. receipts, vouchers, memoranda

and any other data re lat ing to the

Co

ntra

ct

Documents revea ls an

ov

ercharge,

Co unty m

ay

deduct said overcharge from any payments due Contractor, or, if no

fund s remain due to Contractor, Co ntractor shall , within seven (7)

ca

lendar Days

of receipt of such written demand for repayment, tender the am ount of such

o

verpa

yment to

Co

unty o r o therwise re

so

lve the demand fo r repay

ment

to

Co unty s satisfaction.

5. Contractor shall mainta in an a

ccur

ate reco

rd of

a

ll

as pects o f the Services,

including a ll costs a nd expen

ses

re lated to the Services.

Co

unty may, at its so le

d iscretion, from time to time (w hether befo re or after final completion of the

Services or termina tion of t

hi

s Ag r

ee

ment) e l

ec

t to have an insp

ec

tion or audit

co nducted to ve

ri f

y compliance with the Agreement or to veri fy the c

os

t of the

Services through the date of the las t Application fo r Payment. Any such

in

spection and/or audit sha ll be at least as comprehensive as would be allowed

under the So uth

Caro

lina Rules

of

Civ

il

Procedure. If Co unty so e lects, it sh

al

l

g ive no tice to Contracto r and such inspection or audit sha ll be conducted as soon

as is reasonably feas ible ther

ea

fter

so

as not to unreas

on

ably de lay further

prog ress payments to Contracto r as perm itted by the Cont ract Doc uments, but in

no e vent no late r than

se

ven (7) Days from the da te of the notice . Such inspectio n

or a udit sha ll be conducted by the Co unty, o r by a n accountant, lawyer, auditor, or

other revi

ewe

r or consultant se l

ec

ted by the Co unty, or any number of them

in

any

com bination, and Co unty sha ll, except as hereinafter prov ided, p

ay

the cost of

such audit. Co ntractor agrees to

coo

perate with Co unty, and/or

it

s ac

co

untant,

lawyer, auditor, or other re

vi

ewer or co nsultant, and make availa

bl

e fo r

examinat ion at its home and/or Project offi

ce

a ll of its boo ks, records,

correspondence, and other documents deemed necessary by such accountant,

la

wyer, auditor, or other reviewer or

co

nsultant to conduct such rev iew .

6.

n

addit ion

to

any duti

es

of

Co

ntra

cto

r as stated in Exhibit B, the

Contractor agrees to maintain for three (3) years from the date of fin al payme nt

fo r a ll Serv ices un

de

r thi s Ag r

ee

ment, or until a ll other pe nding matters are c losed

under thi s

Ag

reement, which

eve

r is late r, a ll books,

doc

uments, papers, and

r

eco

rds, digita l or otherwise, pertinent to this Ag reement. The

Co

ntractor ag rees to

prov ide to the County, any

fe

dera l grantor agency , the Comptro ller General of the

Uni ted States, any state granto r

age

ncy, any

ass

ignee , or any of the ir duly

45



autho ri

ze

d re

pr

esentative(s) reasona

bl

e access to such b

oo

ks, documents, papers,

and reco r

ds

for the purpose of examining, auditing, and c

op

ying them. The

Co ntractor fu1ther agrees to include these provis ions in any Subcontrac ts iss ued

by it in connection with thi s

Ag

reement. The

Co

ntr

ac

tor shall provide a copy o f

a

ll

digita l records w ithin sixty (

60

) Days

aft

er final p

ay

ment.

Th

e

Co

ntractor must

prov ide for a secure back up of dig ita l records during the cour

se

of this

Ag

reement.

7. In addition to th

ose

documents set forth above,

Co

ntr

ac

tor sha

ll

provide,

with in ninety (90) Days after final completion of each Project, a marked-up

se

t of

final construction drawings re

1l

ecting the as-built condition of each Pro

je c

t

ba

se

d on in

fo rm

ation prov ided by the construction contractor and verified by

Co ntractor, inc luding utility relocations.

8. During

th

e retention period, Co unty shall be granted

ac

cess

to

those

documents upon reasonable notice.

At

any time during the pe

ri

od, County sha ll

ha

ve

the option of taking custody o f th e documents. C

ontra

ctor sha

ll

consult with

Co

unty before disposing of any documents mainta ined pursuant to this

Sec

tion,

including but not limited to doc uments as to which the three-year retention period

has ex

pir

ed. In the event of termination of this Agreement for any reason, a ll

documents required to be maintained pursuant to this Sec tion sha ll be turned over

to

Co unt

y within s ix months of such termination.

9.

Fr

eedom of Information Ac t

a) In the ev

ent

of any Freedom.of Information A

ct

( FOIA ) requ

es

ts

for documents or other in formation in Co ntractor's possess ion, Co ntractor

sha ll make such documents or information available as directed by

Co

unty.

If

the re

qu

es

ted d

oc

uments or information o

ri

g inated from

Co

ntractor or its S

ubc

ontractors or consultants, Contracto r shall advi

se

Co un

ty

whether Contractor be lieves any such documents should be

exe

mpt

fro m disc losure. However, subjec t to the prov is ions bel

ow,

the

Co unt

y sha ll have

th

e rig

ht

to determine if any do

cument

s mu st be

disc losed under

th

e FOIA.

b) The Co unty recogni zes that the Co ntractor may consider certa

in

doc uments as confidentia l and proprietary and not subject to FO IA. If the

Co

ntra

ctor

refuses to d isc lose any docume

nt

s re lated to

Co

ntractor· s

Services under the Prog ram pursuant to a

FO

IA requ

es

t and as requested

by the Co unty, the

Co

ntractor shall defend, ho ld harmless

and

indemni fy

the County fro m and fo r any l

ega

l proc

ee

ding broug

ht aga

inst the

Co

unty

a lleg ing any breach of the FOIA beca use o f any doc uments the Co ntr

ac

tor

d

oes

not

agr

ee should be pro

duc

ed by the

Co

unty pursuant to the

FO

IA.

G. No Gratuities or Kickback s

I. Co ntractors understand and accepts that the Co unty prohibits its

empl

oyees

from using the ir offic ial pos ition for personal financial ga in, or from

46



accepting any personal

adva

ntage from anyone under c ircumstances which might

reasonably be interpr

eted

as an attempt to influence the rec ipients in the co nduct

of the ir officia l duties. T he

PDT

, and the ir respective employees, Subcontractors,

an

d

co

nsultants sha ll not, under c ircumsta n

ces

which might reasonably be

interpreted as an attempt to influence the recipients in

th

e condu

ct

of their duties,

extend any gratuity o r specia l favor to em

ployees

of the

Co

unty.

2. Violation of thi s Subsection is reason for immediate term inatio n for cause

by the

Co

unty as provided for herein.

H. Subcontractors.

I The Contractor sha ll not cont ract with a proposed person or

ent

ity to

whom the County has made reasonable and timely objections..

Notw

ith standing

this, the Contractor sha ll not be req ui red by the

Co

unty to co ntract with anyone to

whom the Contractor has made reasonab le and t imely objection.

2. The Contractor shall provide the County a list of its Subcontractors and

their respective anticipated portions of subco ntracted Services wi th subcontract

amo

unt

s. Should the

Subco

ntractors change, the Contractor sha ll provide an

updated list to the County.

3 . The Contractor shall enforce strict d isc ipline and good ord

er

am

ong

its

empl

oyee

s and other persons carryi ng out the performance of the Agreement. The

Contractor sha ll employ and maintain on ly competent, qua lified supervisory

personne l for the pe rformance of this Agreement

4. K

ey

superviso ry

pe

rsonnel ass igned by the

Con

tractor to the Program are

as fo llows:

a William W. Cram ,

Pr

inc ipal-In-Charge

b David B

ea

ty, PE, Program Manager

c Sonny T immerman , PE, Deputy Program Manager

d Da le Co llier, CCM, Direc tor of Procurement for the PDT

e Clem

Watso

n. PE, Construction Eng

inee

ring Manager

5. So l

ong

as the individua l n

amed above

remain

act

ive ly e

mp

loyed or

reta ined by the

Co

nt

ractor or

Subco

ntractors or

Subco

nsultants, they sha

ll

perform

the functions indicated next to the ir

name

s unless the County otherw ise agrees in

writing.

6. In the

eve

nt one or more indi vi

dua

ls not listed above subsequently

assumes one or more

of

those funct ions listed above, the Contractor shal l be

bou nd by the provis i

ons

of thi s Section as though such ind ividua ls had bee n listed

above.

7



7. No tices given to the persons listed above, or their successors, w

ill

constitute suffi cient no

ti

ce to bind the Contracto

r

8 If at any time the County reasonably determines th at any e

mpl

oyee

of

the

Contractor is not properly per

fo

rming the Services in the best interest

of

the

Pr

oject, is hindering the progress

of

the Servi ces, or is o

th

erwise objec

ti

ona

bl

e,

the County sha ll so noti fy the Contractor, which sha ll r

ep

lace the employee as

soon as poss ibl e at no increased cost to the County.

I Successors and Assigns.

I. This Agreement sha ll be for the benefit of, and be binding upon, the

respecti ve successors and assigns, if any, of the County and the Contractor, except

that unl ess expressly stated in thi s paragraph, nothing contained here in shall be

construed to permit any attempted assig

nm

ent or unauthorized assig

nm

ent witho

ut

th e express wri tten permission of the Patties.

2. Except as expressly may otherwise be stated, thi s Agreem ent or its

provisions may not be assigned, s

ubl

et, or transferred w ithout the written consent

of the Parties.

3. The Contractor sha ll prov ide wri tten notification to the County of any

contemplated sa le, transfer, or any other action that wo

ul

d result in a transfer of

this Agreement in whole or in pait

to

another company or entity , or t

ha

t could

eventually resul t

in

th e transfe r o f any duties or requirements of th

is

Agreement to

another company or entity Thi s notifica

ti

on sha ll be received

by

the County not

less than fo rty-

fi

ve 45) Days prior to any action w

hi

ch wo

ul

d resu

lt

in said

transfer and sha ll describe, in deta il, the actions con

te

mplated by the Contractor

4.

In

such case, the County reserves the right to enter into d

ir

ect negotiations

with the pa

rt

y to whom a Team member s ownership interest is be ing transferred

fo

r purposes

of

clarification or renegotiation of the terms and conditi ons

of

this

Agreement.

5

The provisions

of

this Subsec

ti

on apply to any member of the Team where

a transfer of ownership of that Team member could result in the transfer of any

duties or requirements ass igned to that Team member by Contractor at the time of

th is Agreement to ano

th

er e

nti ty

or Team membe

r

J. No

ti

ces. The primary po int of contact for the Coun ty sha ll be the Director

of

Transpo1tation. A

ll

notices pertaining to this Agreement shall be

in

writing and shall be

sufficient when sent registered or certified ma il or email if agreed to by the Parties) and

addressed as fo llows:

Fo

r the Count

y:

Ri chland County

48



For the PDT:

Attention: Rob Perry, Director of Transp

o1ta

tion

2020

Ham

pt

on St.

Columbia, SC , 29204

And

Larry Smith, Esquire

County Attorney

2020

Hampton

St

Columbia, SC, 29204

With a copy to:

Frannie

Hei

zer, Esquire

McNair Law Firm, P.A.

P. 0 Box 390

Columbia, SC 29211

M B

KAHN CONST

RU

CT

ION

CO., INC.

Attention: William W. Cram

Vice President

I

0

I Flintlake Road

Columbia, SC 29223

CA Engineering, Inc.

Attention: David Beaty,

PE

50

I Huger Street

Columbia, SC 29201

Brownstone Construction Group, LLC

Attention: Dale

L

Collier. P.E.

13 10 Lady Street, Suite 204

Columbia,

SC 2920

I

K

Severance/Surv

iv

al Should any part of this Agreement be determined by a court

of competent jurisdiction to be invalid, illegal, or aga

in

st public policy, said offending

section shall be void and

of

no effect and shall not render any other section herein, nor

this Agreement as a whole, invalid, provided the general purposes and intent

of

this

Agreement are not materially affected. Any terms which, by their nature, should survive

the suspension, termination, or expiration here

of

shall

be

deemed to so survive.

L

Entire Agreement/Construc

ti

on. This

Ag

reement const

it

utes the entire

understanding and ag reement between the Parties hereto and supersedes a ll prior a

nd

contemporaneous written and oral agreements between the Parties and their predecessors

in

interest regarding

th

e sub

je

ct matter

of

this Agreeme

nt

This Agreeme

nt ma

y not be

49



cha

nged, altered, amended, modified, or terminated ora

ll

y, and any such change,

alteration, amendment, o r mod ificat ion must be in wr iting and executed by the Parties

hereto. The Parties acknowledge that each has participated full y in negotiat ions regarding

the t

er

ms

and

conditions

of

thi s Agreement. Ther

efo

re, sh

ou

ld any

amb

iguities or

differences

over

interpretati

on

arise, neither Party wi

ll

be deemed to be the drafting Party

aga inst which any such amb iguity or difference should be construed.

M. Non-Waiver. Any wa iver of any default by either Patty to thi s Agreement shall

not constitute waiver

of

any subsequent default, nor sha

ll

it operate to require eith

er

Party

to waive,

or

entitle either Party to a waiver of, any subsequent default hereunder.

N. Ownership.

I . All materials

of

the County, including but n

ot

limited to the

Co

unt

y s

proprietary software and materia ls, the proprietary system software, a ll or iginal

data, spatial data, spatial data plans, drawings, images, material, documentation

(inc

lu

d

in

g electronic tiles or

document

s),

and app

li

cation

so f

tware

ge

nerated and

prepared by or exclusively for the County pursu

ant

to this Agreement sha

ll

belong

to the County. The Contractor shall not se ll, g ive, loan, or in any other way

provide such to another person

or

organ ization,

or

otherwise utilize any

comme

rcia

ll

y valu

ab

le data, images, or

deve

lopments created specifi

ca

lly by or

for the Co unty under th is

Ag

reement, without the

wr

itten consent of the

Contracting Officer.

2. Any external requests to procure these data or materials must be forwarded

to the County.

3. All equ ipment, mate rials, furn iture, supplies , fixtures, vehicles, or other

per

so

nal property (excluding office supplie

s)

bought o r purcha

se

d by the

Contractor which

were

charged to the County as a Reimbursab le Expense or

whi ch were used exclusively for the Program shall upon termination of the

Agreement be titled to the County, and the Co ntractor sha ll take a ll such actions

necessary to account fo r sa id items and assign ownership of them to the

Co

unty.

0. Ob ligations Under Other Agreements.

I. The County shall have the right to perform

or

have performed similar

or

such other work as it may des ire while the Contractor is performing Services

requ ired by this Agreement The Contractor shall perform the Services in a

manner that enab l

es

complet ion of other work performed by the

Co

unty or on the

Co unty s be

half

with

out

hindran

ce

or interference (or sha

ll

properly connect and

coord inate the Services with the work

of

others when required).

2. Should the Co ntractor be

li

eve that its performance

of

the Services was

interfe red with,

stoppe

d, or otherwise dis rupted by the acts or omissions

of

such

other contractors, the Contractor shall notify the County immed iate ly, and if the

Contractor asserts that it has been harmed by such ac ts

of

another contractor,

50



Contractor sha

ll

make a Claim as provided

in

this Agreement. Thi s does not

apply to any

work

by a contractor on a Project.

P Warranty.

I. Contractor represents that its staff and Subcontractors a re knowledgeable

about

and experienced

in

performing the

Se

rv ices required under this

Agreement

a nd

wa

rrants that it will use its best sk ill and attention to prov ide the Services in a

competent and timely manner. The

Co

ntractor fu rther wa rrants that the Se rvices

w ill

conform

to the req uirements of the Co ntract Documents and wi ll be free from

defec ts, except for those inherent in the quality of the Se rvices the Contract

Document

s require or permit. Se rvices, materia ls, or equ ipment not conforming to

the

se

requirements m

ay

be considered defective.

2. With r

espect to any

Work

performed

dir

ec tly by Co ntractor on any Projec t,

Contractor wa rrants that it will perfo rm such Work

in

accordance with the

st

andards

of

ca

re and di

li

gen

ce

normally practiced by recognized firms in

performing serv ices and

ob

liga tions of a similar natu re.

If

, at any time

wit

hin one

year of Final Completion of a Project, Contractor's Work or Services with respect

to such Project

have

fa iled to

conform

to the foregoing standards, Co ntrac

tor

shall

re-perform such nonconforming Work

or

Se rvi

ce

,

wit

hin its

or

iginal

scope

of

se rv ices ,

at

Contractor's so le

co

st and expense . If the Parties cann

ot agree

as to

whether such a fa ilure has oc curred , the matter sha ll be subm itted for dispute

resolution under t

hi

s

Ag

reemen

t

3.

Co

nt r

actor

sha

ll

take a ll steps necessary to transfe r to

Co

unty

any

manufacturer's

or

ot her third-party's warra nties of any materials o r other services

used in the const ruction of a Project.

4. The Contractor's warranty excludes rem edy for damage

or

defect caused

by ab use , a lterations to the Se rvices not executed by the Contractor, improper or

insufficient maintenance , improper operation or normal wear and tear under

normal usag

e.

Q. State and Local Taxes.

I. Except if

otherw

ise provided,

Agreement

prices sha ll include a

ll

applicab le

state and local taxes. If

app

licable, two percent (2 ) income tax withho lding shal l

be withhe ld from each and every pay ment pursuant to S.C. Code Ann. 12-8-

540 and -550 for certa in out

-o

f-state contractors, and such sums will be paid over

to the South

Caro

li

na

Depart

men

t

of

Revenue (the ·'

SCDO

R'} When and if t

he

County receives an executed

SCDOR

Form 1-312, No nr

es

ident Taxpayer

Reg istration Affidavit - Income Tax Withho lding, such w ithho lding sha ll cease.

The Co ntractor shall ca lcul ate that portion of the contract wh ich is subject to the

six pe rcent (6.0 ) South

Caro

lina sa les and/or use tax plus applicab le Co unty

loca l sa les tax, which amou nts sha ll be itemized and shown on a ll invoices, and

sha ll be pa id to the

SCDO

R by the

Co

ntracto

r

5



2. Contract

or

shall indemnify and hold harmless the

County

for any loss,

cost, or expense incurred by, levied upon , or billed to the Co unty as a result

of

the

Contractor's fa ilure

to

pay any tax of any type due in connec tion with this

Agreement

by Contractor.

R. Contractor Evalu

at

i

on

: Failure to meet performance standards. The Co nt

ract

Management Office r for the

County

shall evaluate the

Contractor

's services performed on

a semi-annual bas is and sha ll provide the

Co

ntractor

with

a written copy of the evaluation

w ith

any

suggestions for improvement. The eva luat i

on

criteria sha ll be:

I. Meeting Schedule Milestones (15 )

2. Quality of Service

(2

0 )

3.

Respons iveness ( 15%)

4. Subcontractor Utilization ( 5

)

5. Budget and

Co

ntract Modification Request (15 )

6. Co

unt

y sa tisfact ion and community relations

(20 )

The written

eva

luation sha ll include an overa ll performance score. The

County

sha ll use the follow ing rating sca le:

l

Consistently Exceeds Expectations - 5 points

2.

Occa

sionally Ex

ce

eds Expectations - 4 points

3.

Co n

s istently Meets Expectations -

3

point

s

4.

Occasionally

Fails to Meet Expectations - 2

point

s

5. Cons istently Fai ls to Meet Expectations - I po int

A cum

ul

ative score below 250 indicates the

Co

nt r

ac tor shall take corrective action

to improve. Correct ive action may inclu

de

but is not limited to removal and

replacement of

per

sonnel

or

subcontractors on the PDT.

If

there are two

consecutive periods with cumulative scores below 250, the Contractor shall

provide in writing its impro

vement

plan to the

Co

ntract Management Officer and

implement co rrective acti

on

immediately.

XVI.

Exhibits.

A. Exhibit N umbers. The Parties

agree

that the Agreement shall include the

fo llowing exhibits, which are in

cor

porated herein by

re f

erence:

I Ex hibit A

RFQ RC-Q-2014--PDT, including Addendum I (Not

attached but incorporated herein by reference thereto.)

52



2. Exhibit A 1 Contractor' s Response to RFQ RC-Q-2014

(No

t attac hed

but incorpo rated

her

e in by reference theret

o.)

.

;

Exhibit

Scope of Servi

ces

4.

Exhibit C

Li st of Projects/Bud gets

5. Exhibit D Subco ntrac tor SLBE Certificatio ns

6.

Exhibit E Co

ntracto r

's

Pers

onn

e l

Rat

e Schedule

7.

Exhibit F Co

ntracto r' s Re

imbur

sabl e Expense Schedule

8.

Exhibit G Co

ntractor' s Right of Way Pro

cu r

e

ment

Compensa tion

Schedule

9. Exhibit H Cooperative Intergovernmenta l Agr

ee

ment between

Ri chland

Count

y,

So

uth

Caro

lina and the South C

ar

o lina Depa11ment

of

Transportation fo r the Richland C

ount

y Sa les Tax Transporta

ti

on Pro

gra

m, dated

February 7, 2014 as re ferenced in the Scope o f Services at Exhibit B.

I 0. Exhibit I Limited No tice to Proceed dated August I, 2014. The

Count

y and Team me

mb

er M.B. Kahn

Co

ns

tru

c

ti

on

Co

. Inc. h

ave

entered into

this Limited No tice to Proceed that has s

epa

rate pay ment prov isions than those

prov ided fo r in this Ag reement. It is the intent of the pa

11i

es hereto that thi s

Agreeme

nt

sha

ll

super

se

de a ll non-payment re lated

prov

isions o f Exhibit I upon

the Effecti ve Date of this

Ag

ree ment.

I

I

Exhibit

List of SLB E Subcontrac tors and SLBE Subco ntract

Amounts a t the time of the Effec ti ve Date o f the Ag reement.

This Agree me

nt

and the exhibits ab

ove

stated are the

Co

ntract Docume

nt

s.'·

B. Orde r of Precedence.

Thi

s

Ag

ree me

nt

, inc luding the exhibi ts listed above, are the

Co

ntract Doc uments and form the entire Agreement between the Parti

es

, super

se

din g all

prior negotiations, representa tions, or ag reements, whether written or ora

l.

Th

e Contract

Documents are intended to supplement and compl ement each other and sha

ll

, where

poss

ible, be thus interpreted .

If

, h

oweve

r, any pr

ov

ision of the exhibits i

rreco

nc

il

ably

confli cts with another provision of the

Ag

reement, the following rules of interpretat ion

sha ll control:

I. As between th is Agr

ee

ment, the RFQ, and the Contractor' s Response to

the RFQ, this Ag reement sha ll govern.

2. As

betw

een

th

e RFQ and the

Co

ntrac tor' s R

es

ponse to the RFQ, the

Contracto r' s response shall govern .

3. As between this Agreement and the p lans o r spec ifica tions. th is Ag reement

sha ll govern.

53



NOW THEREFORE in

cons iderat ion of the

fo

regoing, the suffic iency

of

which is

hereby acknow ledged by the parties, this Agreement is entered into U

nd

er Seal as of the

Effective Date

of

November 3, 20 14.

WITNESS:

CONTRACTO

R:

WITNESS

:

WI

TNESS :

WITNESS:

J<.azt,,:.

~

OLUMBIA I 182543vl4

RICHLAN

D

COUNTY SOUTH

CAROLINA

By: r; °{il Wl / ) ~ (L.S.)

Its: ih \ \ lAj A d ~ \ ( \

\,s,tra±v

Date: \

t j L S j 1 \ ~ \

RICH

LAND PDT

A

JOINT

V

ENTURE

By: Its Members (As Jo int Venturer

s

M.

B.

KAHN CONSTRUCTION CO

.,

INC

(As a mber of Venture)

By: L

JLRl

. D .

CM

L.S.)

Its:

i : ; e ~ t ; P

Date:

j

¥2 D

I =

{

~ C Q J . ' t : Q _

- - - J

~ ~ ~ ( L . S . )

D ; / J d - 1 ~ 1f

/

A J ~ e l f . 1 1 1

Date: //f f-1 /

BROWNSTONE CONS

TR

UCTION

GROUP LLC

(As a Member of the Jo int Venture)

By

g ;tt<_,,

L . S .

Its:

f l - ~ ? 1 k r 1 f

Date:

If/;4 / 2Plf

~ -

-

-

~ - - ~ ~ ~ ~

55



Introduction

Exhibit

B

To

Program

Management greement

Scope

of

Services

Approved October 28, 2014

Table

of

Contents

Task I - Program Development

1 1

1 2

1 3

Program Management

Project Controls and Scheduling

Public Information and Involvement

Task - Pre-project

Pl

anning for Each Transportation Project

-1

Traffi c Studies

2

Aerial Surv eys

11

3 Fie

ld

Surveys

11 4 Pavement Design

5 Design Criteria

11 6 Project Concept Report

11 7 30 Preliminary Plan Developm ent

-8

Preliminary Bridge Design

9 Preliminary Road Design

-

10

Design-Build Projects

11 1 I Utility Coordination Services

-12 Environm ental Studies Permitting

-13 Wetland De lineation/Jurisdictional Determination

Page 3

Page 4

Pa

ge 6

Page 7

Page 9

Pa

ge 9

Pa

ge

10

Pa

ge 11

Page 11

Page 12

Pa

ge 12

Page 12

Page I3

Pa

ge

14

Page 14

Pa

ge

17

Page 17



11 14 NEPA Docum entation

5 Public In volvement fo r PA

6 Section 404 Environm enta l Permitting

11 17 Envi

ro nm

ental Compliance

11 18 Land Management

Task Ill Quality Assurance Reviews and Coordination fo r Each P

ro

ject

Task IV

Ri

ght of Way Acquisition fo r Each Project

Task V Proposa l

Pr

epa

ra

tion a

nd

Procurement

Task VI Construc

ti

on Servi ces for

Ea

ch Project

Task VU Pavement Management System

Task VIII Additional Design Services

2

Page 18

Page 22

Page 24

Page 28

Page

29

Page 30

Page 30

Page 31

Page 32

Page 4 1

Page 4 1



Introduction

I . Richland

Co

unty has se lected the Program Development Team of CA/Brownstone/

MB

Kahn

(collectively either the ' 'PDT" or the n t r t o r to ass ist the County in the oversight and

management

of

the Richland County Sales Tax Transportation Program. The P DT wi ll provide

program development, oversight, technical ass istance, and special expertise for the County in

completing each of the projects included in the November 6, 20 12 Local Option sa les

Ta

x

referendum which includes the following

ca

tego

ri

es :

a Total Roadway Projects:

a Total Bike/Pedestrian/Greenway Projec ts:

To ta l Approved Program Cost

Approved Budgets

Approved Budgets

$656,020,644

$80.888.356

$736,909,000

See

Exhibit C to the Agreement for a list

of

Projects and budgets. included in the Program. The

parties recognize that Exhibit C

ma

y be mod ified in the Latest Approved

CT

IP from tim e to time.

2. The major components of Services to be provided include:

a Progra m Development (Program Management, Program Controls/Scheduling, Public

In

volvement)

a

Project Se

rvices including Pre-Planning,

Admini

st ration,

and

P roject

Planning

(Traffic

Studies, Surveys, 30 Pre limi nary Plan Development, Util ity Relocation Coord ination,

Environmental/Permitting, safety monitoring. Note: l

eve

l of se rvices required may vary

depending on project type and

comp

lexity)

a

Quality Assurance

Reviews and Coordination of Ea ch

Project

a Right-of-Way Acquisi tion for Individua l Projects

a

Proposal Preparation

and

Procurem

e

nt

a Con

st

ruction Engin

eer

ing a nd Inspection Services for Ea ch Project

Other se rvices include a pavement management system for the paved roads that the County is responsible

for, Miti

ga

tion Bank services, and some se lected add iti onal design services.

a The fo llowing de liverables will be provided by the PDT unless directed otherwise by the Co unty :

30

Plans for up to 7 Widen ing Projec ts, 7 Intersections, Williams Street Extension, Shop Road

Extension

a S i

dewalk

plan preparation for those sidewalks not requiring drai nage des ign

a Bikeway design

a Pedestrian improvements to intersections

a Final design of the Southeast Richland Neighborhood Plan

3



a An Env ironmental Assessment , an Interchan

ge

Modification Report, and 30% Plans fo r the 1

20/

Broad River Road Interchange

a Pl

an reviews, procurement, project administration and construction services (CEI) for the

Di

rt

Road Paving Program

a Ri ght-of-Way acquisition services

a Design, proc urement, and construction services fo r the Resurfacing Program

a

QA/QC

on plans/des igns performed by others

a

Safe

ty proced ure monitoring

The below

iterated

Tasks comprise the Scope

of

Work for the Contractor in the Program. To the

extent that

there

is

any

ambiguity

between Services

that are part of

Task

I and Services

that

arc part

of

any

other

Task, it is assumed

that

s

uch Services

are part of

Task

I

t

is Contractor's res ponsibili ty

in th is Scope

of

W ork to properly delineate between Task I Services a nd Services

arising

under oth er

Tasks

.

Definitions in th is Scope

of Work

where not otherwise expressly stated are provided for in the

Agreement

to

which th i

s

document

is

Exhibit

B.

Task I: Program

Development

1 1

Program

Management

A. The P

DT

sha ll prov ide a Prog ram Mana

ge

r to be dedicated I00% to the

CT

IP. T his Program

Manager shall be responsible for management

of

a ll members

of

his or her entire team, and will

be the di rect

li

aison between the County and the PDT. The PDT shall provide the Co ntract

Management

Officer thirty (30) days' not ice in writi ng shou ld there be an anticipated change in

Program Manager. T he Contract Management Officer has the right of refusal

of

the proposed

r

ep

lacement for the Program Man

age

r pos ition.

B. The

PDT

sha

ll

develop and maintain a CT IP. The

CT

IP shal l include: overa

ll

program funding,

cash flow mode ling, routin e project cost estim ating, projects ranking per category, projects per

dist

rict

, a lternate funding s

our

ces, and project sched

ul

es. The fi rst task in estab

li

shi ng the CT IP

shall be to scope each individual project and update all project cost estimates in co njunction with

Co

un ty

staff. Once this task is

co

mpleted a draft CT IP w ill be routed through the

Co

unty for

r

ev

iew with three (3) it

era

tions anticipated. Once the for mat and rank

in

gs are approved by the

C

ount

y the CT IP shall be posted to the program website and updated monthly by the PDT at the

d irection of the

Co un

ty. Members of the

Co

unty IT, G IS, Transporta

ti

on, Finance, Planning,

Procurement, Publ ic Works, and l

ega

l staff sha ll be consulted regarding fo rmat and co ntent while

the webs

it

e is being developed. The

PDT

should ant icipate a

mi

nimum

of

four (4) meet

in

gs

with

County staff in the development

of

the webs ite. The PDT sha

ll

also include in this contrac t

up

gra

des to the website in future years. The website shall be turned over to the

Coun ty

for

management at the

co

nclusion

of

thi s Agreement, regardless of the cause

of

conclusion (expiration,

non-renewal, or termination).

C Once proj

ec

t cos t estimates are completed the PDT sha ll make a r

eco

mmendation to the County

whether individual projects should pursue federal fund ing. If pursued. these individu

al

projects

4



shall

be

deve

l

oped

to

federal stand

ards

to ens

ur

e funding e

li

gibi lity.

D. Once

the

CT IP

is

approv

ed the

PDT

wi

ll

deve lop and maintain an

execut

ive l

eve

l project and

program status reporting system with remote

access for

the PD

T

and the

County

Th

is program

sha

ll

be tablet

compat

ible.

Membe

rs of the

County

IT, GIS,

Tra

nsportation, F

in

ance, Pl

an

nin

g,

Procurem

ent

, Public Works, and l

eg

al staff shall

be consu

lted regarding format and

co

ntent

while

the

progra

m status repo1ting system is be

in

g d

eve

loped. The

PDT shoul

d anti

cipat

e a minimum

of

fo

ur

4)

meetin

gs

with

ounty

s

taff

in the d

eve

l

opme

nt

of

the

reporting

sys

tem. The

PDT

sh

ou ld

also include in th is

contra

ct

up

grades and mana

gement to

this reporting

sys

tem

ov e

r the duration

of

this Agreement.

E.

In

conjunction with the CTIP approval, the PDT shall

deve

l

op

a

ma

ster

sc

hed

ul

e

fo

r d

es

ign,

ri

ght-

of-wa

y acquis ition and

co

nstru

ct

ion

fo

r a

ll

projects with milestone dat

es

for subm ittals and

r

ev

iews.

r

T he

PDT

shall include within the

CTI

P a mas

ter

financial plan

to

include expenditures,

pr

ojected

revenues, and bonding as

we ll as

other sources

of

fund ing applied

to the

overall Pro

gra

m. T

hi

s

should

be

u

se

d to ass ist

in

det

ermining the b

es

t sch

ed

ule

to co

mplete projects effectively . The

pl

an

shall

be

updated m

on

thly to refl

ec

t

cha

nges

in

project

co

st

estim

ates, projected revenues and

ex

pe nditures. Th

is

financial information sha

ll

be loaded into the

CT

IP and be inc

lu

ded in the

fina l,

deve

l

oped

reporting

sys

tem. The PDT sha ll also make a r

eco

mmendation to the

o

unty

for

future bonding to

co

mplete the Program in a time ly

mann

e

r

G.

The

PD

T

shal l provide a proper l

ev e

l

of

staffi

ng fo

r the Pro

gra

m

ac

tivities.

Sta

ffing l

eve

ls m

ay

fl

uctuate with project act ivi

ty

but the

P T

s

ha ll

maintain a

ba

se

l

eve

l

of

sta

ff

in the

P T

office

to

accomm odate

all phases

of

the program. Any fluctuation in staffi ng sha ll be

app

r

oved

by the

Co

unty. Sta

ff

ma

y be offsi te

or pr

ovi d

ed

by sub

con

sulta

nt

s.

The

o

ty

sha

ll

ap

prove

or

di

sa

pprove

of

any future

co

nsulta

nt

s not

co nt

a

in

ed in the RFQ submi

ss

ion. The

PDT

sha ll

prov ide add itional s

taff as

n

ecessary to

provide for an or

de rl

y

flow of

the work.

H

The Co

unty underst

and

s that the

PDT

m

ay

not

track

personnel

cos

ts

on

an

hour

ly b

as

is,

H

owever

, the

PDT

sha

ll

provide on a quarterly

ba

s is a report providing its b

es

t,

goo

d faith

estim

ate

of

the total hours dedicated exc lus ive ly by the PDT to

th

e Program

fo

r the prior

mo

nth

wi thin a ten

( 10 )

percent

+/-

accu

racy .

I

Th

e sta ffing positions

ag

reed to be

tw

ee n the

Co u

nty and the PDT are:

POSITION POS ITION

Princi

pa

l

Web

D

esig

ner

Pr

ogra

m Man

age

r

Co

nstru

ctio

n Man

age

r

Deputy Pro

gra

m

Manag

er Program

Co

ntrols

Progra

m

Admi

nistrat

or Schedu

ler

Projec t Man

ager Se

nior Estimator

Proj

ect Manage

r Est imat

or



Assista

nt

Project Manager Accountant Manager

Assistant Project Manager Accountant

Assistant Project Manager

Procurement Manager

Assistant Project Manager Assistant Procurement Manager

Public Informat ion Director

Office Manager

Assista

nt

Public In

fo

rm ation Director Secreta

ry

Outreach Manager Project Utility manager

Outreach Strategist

ROW Manager

Senior Traffic Engineer

1-2 Project Controls and Scheduling

A. The PDT sha ll develop a sys

tem

to organize and maintain al l project related fi les. This incl udes a

system for le transfe rs that

ma

y inc

lud e

but is not limited

to

a progr

am ftp

si te, ProjectWis

e

or

s

imil

ar approved program.

Th

is da

ta

sha

ll

be access

ibl

e remotely and shall become the property

o

the

County

at the co

mpl

etion

o th

e Contract..

B. The P T shall partic ipate

in

regularly scheduled progress mee tings with County Management,

County Council, Transportation Advisory Co mmittee (TPAC),

Ad

Hoc Transportation

Committee,

Ad

Hoc Dirt Road Committee, SCOOT, municipal ities, local and regional

transportati

on

committees, and the general public as necessary. The PDT s

ha

ll be tasked with

preparation

o

agendas, any prese

nt

ation materials and follow-up meeting minutes as required.

Th

e

PDT s

Pro

gram Manager shall attend meetin

gs

as deemed appropriate

by

the County. The

Program Manager shall also attend such additional meetings as directed by

th

e County.

Th

e PDT

can anticipate the fo llowing meet

in

gs mon thl y: TPAC, Ad Hoc Transportation Committee, Ad

Hoc Dirt Road Committee, and SCOOT coordination mee ting. The

PDT

s

hal

l also be avai lab

le on

an on-call status to attend County Council Meetings.

C. The PDT shall investigate other sources o funding for the planned projects. These other so

ur

ces

o funding may include, but are not limited to: TIGER Grants TAP funds, SCOOT

Ma

tch fund s

etc.

Th

e

PDT

shall budget to produce one TIGER, one State Infrastructu re Bank a

nd

one TAP

Grant yearly. Th e P T sha ll al so budget product

ion

o SCOOT Match Program applications bi

yearly.

Proj

ect budgets may be

in

creased through these additional fu nds.

D.

Th

e PDT s

hall

coordinate with other governme

nt

entities (OGE s),

in

c

ludi

ng coordina

ti

on wi th

the Central Midlands Regional Tran

si

t Authority. Activ it

ie

s

ma

y include submittals required

during project phasing listing each s

ubj

ect project with regulatory agenc ies invol

ve

d, and s imilar

act ions. For

th

e purposes

o thi

s co

nt

ract

th

e

PDT

sha

ll

a

nti

cipate quarterly meetin

gs

with OGE.s.

E.

The

PDT

sha

ll

establish standa

rd

specifications

for

enhancement

it

ems Coun

ty

wide in an effort to

establish continuity. At a minimum this shall include, but is not limited to lighting, ADA

detectable warning ra

mp

s. cross-

wa

lks, receptacles, and bike racks.

6



F. The P T shall implement an internship progr

am

for local co llege students to provide train ing about

the CTIP. T

hi

s internship program shall rotate partic

ip

a

nt

s thro

ugh all

aspects of the P T contract

as

we

ll as the

OET s.

The

PDT

shall employ an average o four (4) interns per semester

to

include

summers.

1 3 Public Information and Involvement

The PDT sha

ll

develop and implement

o

a comprehensive Public Information and Involvement

Pl

an.

Th

e

entire public involvement outreach process

mu

st be we ll documented and will utilize innovative ways and

traditional tactics to educate, engage, and inform the public and stakeholders. The

Pu

blic

In

formation and

In

volvement Plan w

ill

continue throughout the duration

o thi

s Agreement unless directed otherwise by

the County. The Count

y·s

Public Information Office sha

ll

approve news releases, fliers, fac t sheets.

graphics, videos, or other collateral materials prior to release to media sources or the general public. The

PDT shall allot three

3) bu

siness days for review

o

materials

by

County Public

In

form ation Office with

the exception being a breaking news eve

nt

, in which case the PDT w

ill

notify the Coun

ty

that a res

pon se

is needed

by

a certain tim e a

nd

the County shall respond accordingly The PDT shall videotape project

p

ubli

c hearings. annual state

o

the program addresses, footage

o

projects und er construction, and any

program related press conferences. Copies o

all

video shall be provided

to

the County Public In fo rmation

Offic

e.

A.

anagement

I. Develop a Public Information Plan for communica ting the program to the public and

stakeholders, providing timely information on program issues, fostering public participation, and

encouraging public input.

2. Develop a Crisis Communication Plan

th

at w

ill

be used in the case of an emergency.

3.

Develop an Internal Communi

ca

tion Plan

for

this program.

4. Provide monthly program reports.

5.

Coordinate a

nd re

spond

to

Public Inquiries and Public Records R

eq

uests.

6. Coordinate with The Comet and the ir use o the transportation penny fund s.

7. Coordinate with Richland County Clerk

o

Co

un

c il office and the County' s Ombudsmen office to

add

re

ss questions and/or co

mm

e

nt

s from

th

e general pubI c.

8.

Coordinate w

ith Ri

chland County Public

In fo

rm ation office

on

all public relations activities.

B

Public Relations

I. Ut

ili

ze multiple form s o print and electron

ic

media to in fo rm the public.

2. Develop and ma in tain comprehensive mailing and contact lists

fo

r use in distributing project

materials

an

d informing stakeholders.

3. Prepare a monthly contribution regarding the penny program for use in the County's newsletters.

4. Develop and ma intain website for the CT P.

5.

Develop and implement display sign program

for

announcement

o

project-area public meetings.

6. Provide and main tain a dedicat

ed

contact (toll -free) phone with a message machine for public

const ituents.

7. Produce short, high-im pact videos when requested by the County.

8.

Coordinate, manage a

nd

oversee ribbon cutti ngs and any othe r even

ts.

9. Develop, implement, and manage an information center within the program team office location.

I0. Maintain a database o media personnel for use

to

distribute press releases. breaking news and

7



program highlig

ht

s.

C

ommunit

y Relations

I

De

velo

p plan for

commu

nity meetings.

2. Moderat

e meetin

gs an

d.

as nece

ss

ar

y provide written res

pon

ses to

co

mm e

nt

s received.

3.

Coord

inate with Richl

and Co

unty s

taff

in pre

se

nting information to

comm

unity c ivic and special

interest

gro

ups.

4. D

evelop

and implem

ent co

mmunication plan

for re

sidents

and

busin

esses

in proj ect areas

to

inc lude di

sc

uss ion of

co

nstruction activities; gathering comme

nt

s; and

add

ress i

ng co

ncerns.

5.

Conduct

networking meetin

gs

wit h Prime

Con

tra ctors and

DBE

/Loca l

con

trac

tor

s.

D Media Relations

I. Uti

lize

partnerships with me

dia ou

tlets including the

Co u

nty

s gove

rnm

en

t

access channe

l

2. Ma

intain

po

si tive relationshi

ps

wi

th

media outlets

to

ensure accurate me

ssag

ing and publicity of

the program.

E

oor

dination

of

Public Meetings and Public Hearings

I .

De

ve l

op

a Public

Invo

l

vemen

t Plan that will:

a Inform the public a

bout

a

ll

aspec ts

of

the

pr

og r

am and

where th

ey

can turn for an

swe

rs

b. Educate the public a

bout

specific proje

ct

s and

how

th

ey

will impact them.

2.

Coordinate

wi th

County staff and other

agenc

ies

as

n

eeded

to sched ule and plan public

meet

in

gs

public h

ear

ings g

roundbreak

ing ceremonies

and oth

er

eve

nts and meet

ing

s

as

requ

es

ted by Co unty.

3. Identify stakehold

ers for

publi

c m

eet

ings and pu b

li

c hearin

gs

.

4.

Meet

wi th mem

be

rs

of Cou

nty

Co

unc

il

to provide updates

on

public

me

et in

gs

and public h

ea

ri ngs

and

receive

input on wh ich st

ake

holders

to

invite whi

ch

venu

es

to u

se

and the role

of

the

co

u

ncilmemb

er on

eac

h

age

nda.

5. Adverti

se /

pub

li

cize public meetin

gs

and

public hearin

gs

a minimum

of 15 days

pri

or

to

meet

ing.

6.

Coord

inate participation of required s

peaker

s for pub lic meetings and hearings

7. Co nduct public meetings and public hearings.

8. R

eco

rd

publi

c m

eet

in

gs

and

pu b

li

c hea rin

gs

upon

re

qu

es

t

of the

Cou

nt

y.

9. Prepare rep

orts

from

publi

c meetin

gs

and public h

ea

rings.

I0.

Develop

wr itten resp

onses

to

comment

s from pub

li

c meetings and

pub

lic h

ear

i

ng

s.

F Stakeholder Meetings

I.

Develop and coo

rd inate a Core

Stakeho

l

der

Working Gro

up co

nsisting of

PDT

Richla

nd Co u

nty

Government

Great

er Columbia Cham ber

of

Com

merce

Ci t

i

ze

ns for a Gr

eate

r Midlands

Tran

sportation P

en

ny Advis

ory

Co mmittee

SCOOT

the City of

Co

lum bia and other key

stake

holders.

2. Provide pr

ese

ntations

to

me mbers

of Core

st

ake

holder

Work

i

ng Group

.

8



ask

II:

Pre Project l a n n i n ~ for Each Project

Il 1 Traffic Studies

A

The

P T

shall be tasked with preliminary and final traffic studi es for up to seven (7) widening

projects, seven (7) intersection improveme

nt

s, one ( I) interchange project and two (2) special

project

s

The traffic study for the interchange project shall consist

of

an Interchange

Modification Report . These traffic studies shall include the

fo

llowing:

I. The

P T wi ll

perform a traffic study for individual project areas. The results

of

this analysis

w

ill

determine the appropria

te

extent

of

improvements needed

to

configure projects for

existing a

nd

future traffic use. The traffic study

wil

l be used to aid

in th

e signa

li

za tion

des

ign

, pavement marki ng design, and work zone traffic control.

In

addition, an analysis

of

traffic impac ts and impacts

on

use r costs could assist in determining the desired construction

sched

ul

e and/or method. Thi s analys

is

w

ill

be performed using appropriate simul ation

software s

uch

as

Sim

Traffic. CORSIM

or

VISSIM along with Quick Zone.

2. P T may utilize , if available, copies ofSCDOT existing traffic counts in the vicinity of the

proj ect(s). However, P T is res ponsible to perform a ll traffic counts necessary to perform a

complete analysi

s

B. The

P T

shall be

re

sponsible for aerial photography and

fi

eld surveys for

up

to

se

ven (7)

widening projects, seven (7) intersection improvements, one I) interchange project and two (2)

special projects. The

County

shal l decide whether aerial s

ur

veys or field surve

ys

w

il

l be

utilized on a project by project basis.

11 2

Aerial Surveys:

A. Where Ae

ri

al Mapping is directed. the

P T

will perform aerial mapping to th e contour accuracy

of 0.5

feet (I-foot contour interval). The aerial mapping will be prepared for use in plans

developed to a horizontal scale of l

=20' .

I The P T shal l set photo panels or select photo

ID

points for use in preparing the

aer

ial

mapping.

2

Field annotation

of

aerial topography and supplemental topographic surveys may

be

performed by the

PDT

3

Aerial

ph

otography and mapping w

ill

be performed

in

order

to

obtain the followi n

g:

a Color ae rial photography at the si

te

suitable for producing the required DTM mapping data.

a 1 '=50'

mapping scale

in

Microstation format

a Planimetric data co llected

in

SCOOT Standard Sy mbo

lo

gy format.

a

A

30

TTM file consisting

of

spot elevation points and breaklines

in

Microstation format.

a Color digital 011hophotograpy of th e s

it

e at

0 25'

pixel resolution.

9



4.

Ae

rial

Mappin

g Assumptions: T he

ae

rial

mapp

i

ng

corrido

r and number of photo

panel points shall be agreed u

pon

between

the

oun ty and PDT

on

a project by

project basis.

11 3 Field

Surveys:

A. T he

PDT

will perform Fie

ld

Surveys

as

out

li

ned below to det ermine accurate e l

eva

tions and

locations

of ex

is

ting

facilities, e.g., roadways, br idges, and

cu

lverts, for

design

purposes. A

ll

surveys

sha ll

confo

rm to

the SCOOT P

r

eco

nstruction Survey Manual dated August 2003

(or

lat

est ed

ition).

I.

The PDT

wi

ll es

tablish a control

ba

se

line a long

each ass

igned proj

ect consist

ing

of

hori

zonta

l

and

vertical

data

(x,y,z) and tie

to

the SC State Plane coordinate

sys

tem

to be

as a

bas

is for all surveys

re

quired

on

the

projec ts (NA D 83 2007 Hori

zo

ntal

Datum

and NA

VD 88

ve rtical datum). Base line

contro

l

po

ints

sha

ll

co

n

sis

t

on #5

rebar.

2. The PDT w il l perform plat and deed r

esearc

h

of

all par

ce

ls affected by projects.

The

plats and

d

eeds

will

be

u

se

d

to

create property

st

rip

map

s an

d/or

a project property

fi

le. The latest pl

ans

(dockets) will be obtained to ve

ri

fy existing right

of

way

and to aid in

estab li

shing ri

ght of

way

re lative to mapping. Exi

st

ing pavement a

nd

roadway

ce

nterline will

be

surveyed to

es

tablish

topographic

data

on

the

pa

vement

and cente

rl

ine

of

the

exis

ting roadway wi

ll

be

u

se

d to create a

best-fit al ign

ment

relative to the SCOOT

docket

plans

and

to aid in establishing the

exis

ting rig

ht of

way

acco

rding to the latest

SCOOT

pl

ans

for the project.

3. T he PDT wi ll

fi

eld l

ocate an

d survey detectable property

mon

uments for the impacted parcels. The

monument

s

that are

found will be tied into the survey

and

mapping

ho

rizontal

co

ntrol. A property

fi le will

be

created utilizing

fo

und property

monuments and

record

deeds

and plats. The detailed

s

urvey

wi ll

ga

ther a ll information wit hi n the project limits nece

ssa

ry for d

es

ign

of the

project.

C l

ass

ific

at

i

on

ofplanimet

ric fea

tur

es

will be obtained and i

nc

luded

in

the

project

mapping

.

4. The PDT will perform s

urveys of ex

isting drain

age

outfalls within the project area. Draina

ge

outfalls

data

w ill

be

perform

ed

approxi mately

500

lin

ear

feet

outs

i

de

the proj ect lim its

where

the

outfa

ll

runs

approx

imat

ely perpendicular

to

the roadway or project. Drain

age outfa

lls surveys

running adj acent to a

nd

with in the projec t limits will be pe rform

ed

to

the

o

ut

fa ll terminati on

5. The

P T

will perform surveys

of existing

storm

drainage

stru

ct

ures and any

sa

nitary

sewe

r

manhol es within

the

projec t area .

6. T he PDT wi ll perform profiles

of

the

ex

isting g round a nd river bed at the center, upstream face and

down

stream face

of

any

ex

isting brid

ges

impacted by proj

ec

ts.

Cross

sect

ion data 500 f

ee

t upstream

and downstream

of

the exis

ting bridge is not requir

ed.

L

ake

topographic data wi ll req uire the

serv

i

ces of

a firm wi th

spec

ial equ i

pment su c

h

as so

nar or bathome

tr

y

eq

uipment to obtain

the

needed topographic

data

on

the

lake bottom because of depth. In addition to the req

uir

ed profiles

at

the br id

ge

,

topograp

hic

data

will

be

requi red 250 feet left and righ t of the roadway centerline.

7. The PDT will process acquired survey

data

a

nd

prepare base

mappin

g to include break lines

IO



that reflect field conditions. Each point of the processed survey will include Point ID,

Description, and El

evati

on. Complete mapping and linework will be included display ing all

planimetric information.

The

final produ

ct of

the survey will cons ist

of

a set

of

base sheets of

the proj

ect

ar

ea

at a

sca

le

of

one- inch

equa

ls 50 feet.

8. The PDT will stake out the propos

ed

centerline a lignment at 100' intervals using

wooden

stakes and nai ls. The PDT will also stake and reference a ll primary points of control (i.e. PCs,

PT, etc) for the proposed centerline with a 5 rebar and

pla

stic cap.

9. The PDT will field survey any wetla

nd

boundaries within project limits and prepare a

wetla

nds

map for submittal purposes.

10. The PDT will set and establ ish horizontal location and elevation for a temporary benchmarks

TBM) along the proposed roadway a lignments at approximately

800

to I 000 foot intervals,

set

approx

imately I00 feet from the proposed.

11. The PDT wi ll maintain appropriate

sig

nage for traffic

co

ntrol purposes at a ll tim

es

when

working

within or near the existing traffic areas. A

wo

rk zone wi ll be

es

tab lished each

day

relative to the area of sur

veys

being perfo

rmed

near the roadway

co

nsisting of a BEG IN

SURVEY sign

at

the beginning

of

the work zone, A WORK ZONE next X miles at

th

e

approximate center of the work zone and an END SURVEY sign at the e nd of the

work

zone.

4 Pavement Design

A. The PDT sha ll

co

ndu

ct

any necessary geotechnica l

in

vestigat ions nece

ss

ary to produce

pavement

designs for ind ividua l proj ects to inc lude resurfacing, Neighborhood Improvements, Greenways,

widenin

gs,

in tersections, and new location projects . Scope of geotechnical services to be provided

is limited to that necessary

to

accomplish pavement designs

on

ly.

No

other

ge

otech

ni

cal serv i

ce

s

are included.

Il 5

Design riteria

A. The PDT sha ll deve lop design criteria for a ll major projects

prior

to assignment to On-Ca ll

Engineering Teams. Major proje

ct

s defined as: Spec ial Proje

ct

s, Widening Projects,

In

tersection

Im provement Projects. Th e PDT shall scope design criter ia for up to sev

en

(7) widening projects,

se

ven (

7)

inter

sec

tion improvements, one

I)

interchange proj ect a

nd

two (2) special projects.

D

es

ign cr ite ria shall be

dev

e loped by the PDT and presented

to

the County for approval by both

the ounty and SC DOT for proj ects located on their network of roads.

11

6

Project Conc

ep

t Report

A. T he

PDT

shall deve lop a project concept r

eport

for major projects which are defined as: Spec ial

Projects, Widening Projects,

In

ter

se

ct ion Improvemen t Projects. The

PDT

shall

sc

ope these reports

for up to

se

ven (7) widening projects, seven (7) intersection improvements, one (

1 in

terchange

project

and

two (2) special projects. These reports s hall include: proj ect schedul e,

current project cost es timate, approved des ign cri teria, typical

sec

tions, project layout based on

11



mapping, existing conditions and proposed a lignment, and any proposed enhancement items.

7

30 Pre liminary Plan Development

Onc

e des ign criteria and

co

n

ce

pt is a pproved , the

PDT

shall be tasked with production

of

30

plan

devel

op

ment for major projects where Pre liminary Engineering is initiated wit hi n the contract

li mits betwee n the County and the PDT. The PDT sha ll scope 30 pl an deve lopment for up to

seven (7) widening projects, seven (7) intersection improvemen ts, one ( I) interchange pr

oject

and

two (2) sp

ec

ial proj

ec

ts. Th

ese

30 plans s ha ll be presented to rhe

Co

unty

for approval by both

the County and

SCOOT

for projects located on the ir network of roads. (Should the

Co

unty

request that the PDT scope more proj

ec

ts than the number of projects stated above, and the PDT

agree to those additional projec ts, the cost to the

Co

unty

fo

r the PDT s Servic

es fo

r such

additional projects may be, if mutually

ag

reed to by the County and the PDT, the same perce ntage

charge of

Final Project Cost as provided for in the Agreement, unless the Budget Project Cost

of

such projec t exceeds the largest initia l Budget Project Cost by 25 , in wh ich case the County and

the

PDT

will

ag r

ee to

an equitable ad

ju

stment in

cos

t for the Servi

ces

for that project.)

Once

approval is ga ined,

de

sign crite

ri

a, concept, and 30 preliminary plans shall be used as the bas is

for plan deve lopment by the assigned On-Call Engineering Team. lft h ere is a dispute between the

Coun ty and the

PDT

with rega rd to what degree of plan development is thirty (30 ),the PDT

sha ll proceed with the plan deve lopment as directed by the

Co

unty by a

Co

nstruction Chan

ge

Directive a nd the PDT may ma

ke

a Cla im for any plan development it be lieves is more than 30 .

U-8

Pre

liminary

rid

ge Plans

Th

ese

services would be perfo rmed

if

the PDT is asked to develop plans beyond 30 stage.

Any

additional compensation required will be negotiated on a projec t by project basis, but

if

the Parties cannot

ag

ree then the proced ure at -7 above may be invoked by the County.

A. Based on the a pproved brid

ge

type by the

Co

unty, and SCOOT, the PDT will develop preliminary

brid

ge

plans when necessary within the s

cop

e o f indiv idual projects. The PDT will provide the

Co

unty

the follow ing for the structure:

I. Design Basis Statement

2. The

PDT

will conform to the following SC DOT and Fl I WA design standards in

pr

e

par

at ion

of

the bridge plans.

The

SC

OOT

Bridge Design Manual, current ed ition

SCOOT Bridge Design Memoran

da

to Team Leaders and PDTs, issued after April, 2006;

AAS HTO

LR.F D Brid

ge

D

esig

n Specifications, 4th Edition (2007) with

2009

In

ter im

R

ev

is ions or latest vers ions;

SCOOT Bri

dge

Draw ings and Detail s, latest versions ;

Road Standard Drawings and Detai ls, latest vers ions;

2008 SC OOT Geotechnica l Des ign Manual, with latest interims;

2008

SCOOT Seismic Desi

gn

Spec ifi

ca

ti ons for Hi ghway Bridges, wi th lates t interims;

SCOOT Standard Specifications for

Hi

ghway Co nstruction, 2007 edition;

ANS l/A ASHTO/A WS DI .5 Bridge We ld

in

g Code, the latest edition.

2



B. T he prelim inary plans will be prepared in suffi cient deta il and ap propriate format to c l

ea

rly

illustrate significant des ign f

ea

tures , d im ens ions and cl

ea

rances. The preliminary pl ans will inc lude

title shee t, bridge plan and profile, proposed boring l

oc a

tions, road

way

and bridge typical

sect

ions,

types of s uperstructure and substructure. and pertinent road plan and profile sh

ee

ts. Preliminary

pl

an

s w il l a lso inc lude r

ecomm

ended me

th

ods of handling tra

ffi

c during

co

nstr

uc

tion. The

Pre liminary Bridge Pl ans will be ap proved by the C

ounty

prior to beg inning Final Brid

ge

Plan s.

Pre liminary Bridge Pl ans s ha

ll

meet requirements o f SCDOT Bridge Des ign Manua l.

11 9 Preliminar

y Road Design

A. When di rec ted. the

P T

w ill prepare

concep

tual roadway a lignm

en

ts.

B. Upon approval by th e

County

of the pre ferred con

ce

ptual roa d

way

a lignment, the P T sha ll

devel

op

prelimina ry r

oadwa

y pl ans. Preliminary plans sha ll be considered ap proximate ly thirty

30 )percent complete

of

tota l plans . Preliminary des igns re lat ing to the fo

ll

ow ing ac

ti

vit ies will

be developed:

I . The P T w ill prepare prelim inary plans based on the preferred conceptual align ment th at is

se lected. T

he pr

eferred conceptual a

li

gnment will be appro

ve

d by the

County

p

ri

or to

beg inning prelim inary plans.

2. The

P T

will establish the roadway a

li

gnm ent and profil e in suffici ent deta

il

and the

appropri

ate

format, in o rder to c lea rly illustrate s ignifi

ca

nt design f

ea

tures of the p roject.

3. Th e pre

limin

ary plans sha ll con tain suffic ient d eta

il

s of pertinent physica l fea tures to illustrate

the design that will include:

o Typi

ca

l s

ec

ti ons;

o Geometric contro l vertical and horizontal);

o Re fe ren

ce

poin ts;

o Horizonta l and ve

i

ca l a

li

gnments ;

o

Det

a

il pl

an lay out;

o Rev iew of s ight distance co ns iderations;

o Non-stan

da

rd majo r driveway grades and tie-ins;

o Rev iew of guardra

il

wa rrants and slope adjustments;

o Limits of existi ng

ri

ght-of-way, ease ments and adj acent proper1ies ;

o Development of a pre liminary storm drainage plan and type, s ize, invert elevation

and location of major storm dra inage feat ures including outfa

ll

ditches , de tent ion ,

sedim ent bas ins and roadway di tches;

o

Ty p

e, s ize. and loca ti on of ex isting maj o r utility faci li ties;

o Preliminary cross- s

ec t

ions at 100 feet interval on tangents a nd 50 feet interva ls on

curves;

o Co nstruction limi ts;

o Prope

rt

y lines , properly parcel

numb

er, and

own

ership ;

o Propose

d right-of-

wa

y and

ease

ments

o Lo

ca t

ion

and

antic ipated type of a ny necessary c

ul

ve rts, retain ing

wa ll

s,

and ot

her

3



mi

sce

llan

eo

us roadway structur

es

For

widening proj

ec

ts, spec ial projects, and the interch

ange

project, it is as

su

med that the

PD

T will provide survey

co

ntrol

for

mapping, mapping se rvices, and use

ava

ilable

Co

unty

G IS

data

for prop

erty

information.

For

inter

sec

tion proj

ec

ts, it is

ass

umed that the

PDT

wi

ll

provide

comp

l

ete

fie

ld

su

rv

eys

and u

se

avail

ab

le

Cou

nty G IS data for pro

pe

rty information .

4. Des ign standards will be in compliance with

AAS

HTO's A Policy on Geometric Des ign of

i

ghways

and Str

ee

ts,

(200

I),

or

latest

ed

ition;

SCOOT

St

andard

Drawings - Lat

es

t Ed ition;

SCOOT Standard Specifications for Hig

hway Co

nstruct i

on 2007

Edition; Ro

adway

and Bri

dge

Des

ign

Sta

ndard

as pub

li sh

ed

by

the SCOOT

;

SCDOT s

Ro

ad

D

es

ign Re

fe

ren

ce Mat

erial

fo

r

PDT

s Pre

par

ed

Plans,

dat

ed

October

1

7,

2005 ;

SCOOT s

Plan Preparation G uide, latest

ed

iti

on; SCOOT

Instruction Bulletins;

SCOOT

Engineering Direc

ti

ve

Memo (ED

M) #PC-27

and others

as

appropr

i

ate

;

and

SCOOT

Highway D

es

ign

Manu

al, latest edition.

5. A

ll

plans will

be

prepared us

in

g the latest

ver

sions

of

MicroSt

a

ti

on and

Geo

Pak .

6. A

cons

tructability r

evie

w shall

be

performed between the

County co

nst ruc

ti

on repr

ese

ntatives

and appropriate

PDT memb

e rs.

Th

e

PDT

sha

ll conduct

constructabili

ty

rev i

ew

s for up to s

even

(7) widen

ing projects,

seve

n

(7)

inter

section improvement

s, one ( I) interchan

ge

project and

two

(2) special projec ts.

Oth

er projects m

ay

a l

so

re

quir

e th

ese

r

ev

iews and sha ll

be

agreed

upon

between

the County and

the

PDT. If projects are added to the CT IP and addi tional

co

mpensation is r

eq

uired it will be negotiated

on

a project by project

bas

is .

11 10 Design-Build Projects

A.

Th

e

P T

sha

ll

be

tasked w i

th

develop

ing R

equest

s for

Qualifications

(

RFQ

' s) and

Reque

sts for

Proposals (

RFP s)

on beha lf of the County for some projects. The PDT sha ll

co

mplete produc tion

of b

oth

an

RFQ

and RFP

for

the seve

n

(7)

inter

section

s within

th

e first 120

da

ys

of

the

co ntr

ac

t

unl ess oth

erw

i

se agreed

to by P T and

County.

The D

es

ign-B u

ilder s

docum ents shall i

nc

lu

de

plan

deve

lo

pment

suf

fi

c ient to bid the pr

ojec

ts and acquire any necessary

pe

rm its or approved

envi

ron

mental

document

s.

B. For proj ec ts located on the

SCDOT

net

wo

rk

of

roads, the POT shal l include RFQ a

nd RFP

documen

t

reviews

and approvals from

SCOOT

when d

eve

loping project schedules. T he

PDT

wi

ll

uti lize any SC

DOT

Desi

gn-

Build templates with any modifications direc ted and approved by the

County

and b

es

t practi

ce

s while developi

ng

th

ese

proj

ec t

s.

ll 11 Utility Coo rdination Services

A. The P T shal l have the responsibility

of

coordinat ing the proj ect development w ith utiliti

es

that

may be

affe

cted. Utility rel

ocat

ions sha

ll be

handled

in acco

rdan

ce

wit h

SCDOT's

A Po li

cy

for

Accommodating Utilities on ig

hw ay

Rights

of

W

ay

and

th

e Co de of Federal R

eg

ul

at

ions, T itle

23,

C hapter I,

Subchapte

r G. part

645

,

sub

parts A and B.

4



B.

Th ese

servi

ces

sha

ll

be performed by individuals ski

ll

ed and

ex

pe

ri

enced

in

utility

coo

rdin

at

ion

se

rvices. The

P T

shall

sc

ope Ut ility

Coord

ination

Se

rvi

ces

for up to

seve

n (7) wide

ning

projects,

six

(7) intersection improvements, one

(I) in

terchan

ge

project and two

(2)

special

projects.

The

P T

shall also

coord

inate a ny Utility

Coord

ination

Serv

ices for bic

yc

l

e/

pedestrian,

neighborhood improvements, re

su

rfacing, dirt road

paving

, and

gree

nway projects.

C.

The PDT

sha

ll

work with

OET

s to

ensure

projects are

de

s igned

to

av

oid

co

nflicts with utiliti

es

where poss ible,

and

min imize i

mpa

cts where

co

nflicts

ca

nnot be

avoided. This

ma

y include, but is

not limited

to

, utilizing all

ava

il

able utility

da

ta,

wh

ether

ob

ta

in

ed from

SU

E

se

rvices,

as

-builts, or

provided by the County

or

SCDOT

or

some

ot

h

er

so

ur

ce.

The

PDT in

consultation

with the

OET s

will be

ex

pected to

dete

rmine utility con

flict

points,

in

cluding all work to properly anal

yze

each

conflict point, and

make

reco

mmend

ati

ons

for resolution

of the

confli

ct

where poss ible. The

County

may

r

equest

a Utility Conflict Anal

ys

is and Remedi

at

ion Spreadsh

ee

t from

the

PDT

as a

de

liver

ab

le.

D.

The

PDT

shall initiate

ea

rl

y

coo

rdination w ith utility

comp

anies

that

are located

within

the proj

ect

limits. Coordina

ti

on shall

in

clude,

but

shall n

ot

be limit

ed

to,

contact

ing eac h utility

compa

ny

to

advise

the company

of

the proposed project, providing preliminary plans to the util ity

compa

ny,

obtaining

cop

i

es of

a

s-

built plans for the

ex

ist ing utility fac iliti

es

(if avai l

ab

le), and determining

th

e

companie

s requirements for the relocat ion of their faciliti

es

.

E. The PDT shall transmit to the

ut

ility

co

mp

anies design plans

as

soon as the plans h

ave

reach

ed

a

l

eve

l

of

co

mplete ness ade

qu

ate to a llow the

co

mpan

i

es

to fu

ll

y understand

the

project

im pa

cts.

These

plans sha ll

co

ntain avai lable

dat

a that m

ay

be

helpfu

l to the utility in assessing the utility

impact (stations and

offse

ts,

and

etc.).

The

utility

co

mp

any

ma

y use d

es

ign plans for preparing

Relocation Sketches. If a party other than the utility

co

mpany

or

its

age

nt prepares Rel

ocation

Sketc

h

es

, there sha

ll

be a c

oncurr

ence

bo

x

on

the

plans where the utility

company

si

gns

and

accept

s the Relocation Ske tch

es

as sh

ow n

F. T he

PDT

sha

ll

coordinate and

cond

u

ct

a preliminary r

ev

i

ew

m

ee

ting with

the

utility

co

mp

ani

es

to

assess

and

exp

la

in

the impact

of

the Proj

ec

t

to

the

comp

anies. The County Project

Ma

nag

er

, and

Co

nstructi

on

Engine

er

sha

ll

be included

in

th is meeting.

G.

The

PDT sha

ll

re

se

arc h the prior

ri

g

ht

s

of

eac h uti

li

ty

co

mpany s faci lities. If there is a dispute

over

prior rights with a utility, the

P T

sha

ll

be r

espo

ns ible

for

making a r

eco

mm

endation to

the

ounty regarding resolution

of

the dispute.

The

PDT sha ll m

eet

with the County to present

the

prior rights informat ion

ga

thered. T

hi

s information

mu

st

be

suffic ient for the

County

to

ce

rtif

y

th

e

ex

tent of the utility c

ompa

ny s pri

or

rights.

The

County

sha

ll

have final ap

prova

l

au

thority

as

to the PDT s determination

of

whether the utility

compan

y h

as

prior

ri

ghts.

.

The

PDT sha ll prepare

and

subm it

to

the County a

Pr

eliminary Utility Report that inclu

des

a

listing

of

utility

co

mp

an

ies l

oca

ted within

th

e proje

ct

limi ts and a pre liminary

recomme

ndation as

to

th

e extent

of

eac h

co

mpany s prior

ri

ghts. This report sha ll al

so in

clude a pre liminary

assessment

of

the impact to eac h

compa

ny as can best

be

determined at the time, as

we ll as

a

5



determination

of the

feasibility

of ear

ly utility rel

ocat

ions that

ma

y

be

g in prior to the

star

t

of

co

nst ruct ion.

I. The PDT

sha

ll be responsible for collecting the following from each utility

company

that is

located within the

project

limits: Relocation Sketches

in

c luding letter

of

no

cost where the

com

pany does n

ot

have a prior right; Utility

Agreeme

nts including

cos

t

est

imate

an

d relocation

plans

whe

re the company h

as

a prior right;

and

Letters of no conflict where the

co

mpany's

facilities will not

be

impacted by the Project.

J.

The

PDT sha ll

review

Relocation Sketches

and

Utility Agreements to ensure that relocations

comp

ly with SCDOT s A Poli

cy

for

Accom

modating Utilities on

i

gh

way

Rights

of

Way and

the

Code of

Federal Regulations, Title 23, Ch

apter

I,

Subc

h

ap

ter G, part 645, su

bp

arts A and B.

The

PDT sha ll also

ens

ure

that there are no co

nflicts wit h

the

proposed highway improvements,

and ensure that there are no co nflicts between each of the utility company's relocation plans.

K.

The

P

T

sha

ll

prepare

and

s

ubmit to

the

County

a Final Utility Report

no

later than

90

days pri

or

to the lett ing

date

(1

20

days if 60-day advertisement) that includes a listing of the utilities located

within the Proj

ect

limits, an explanation

of the

Proj

ect

im pacts to

eac

h

of the

utilities, prior rights

supporting documentation, and a de

sc

ription of each uti I ties' relocation plans.

As

part of the

report, the PDT

sha

ll

assemble

and

subm

it to

the

County all Rel

oca

tion Sketches,

Ut

ility

Agreements, and L

ette

rs

of no co

nflict , as set forth

in I

above,

for

the Project.

The

P T is expected to

assemb

le the information included in the Uti lity

Agreement

s

and

Relocation

Sketc

h

es

in a final

an

d

comp

lete form

and

in such a manner that

the

County m

ay approve

the

submittals w ith minimal rev iew. Each Utility Ag r

eemen

t and Re location Sketch submitted must

be accompanied by a certification from the PDT stating that the propo

se

d relocation wi

ll

not

co

nfli

ct

with

the proposed

high

way

improve

ment

and will not

co

nfl ict with ano

ther

utility

compa

ny's relocation plan.

The

report sha

ll

also

conta

in

the

PDT s

r

eco

mm

endatio

n for approval

of

the Utility Agreeme

nt

s and

Re

location Sketches and the PDT s

recommendation that

, from a

util ities stan

dpoint

,

the

Project is ready to be l

et to cont

ract.

L.

The

PDT sha

ll

, in

cons

ultation with the

En gin eer of

Record and contractor, prepare and maintain a

compilat ion of utility re loca tion plans on

one set

of the proj ect plans.

These

plans (Uti lity

Relocation sheets) wi

ll

be u

se

d during the project

deve

l

opme

nt, and

the

final s

et

m

ay

be includ

ed

in the bid

document

ation

for

information on ly and will refe rence

the

actual relocation plans

pr

epared

by the uti li ty.

M

The

PDT will attend a utility

kickoff

m

eet in

g for

eac

h proj

ect

as

appropriate once th

e County

prov ides <)pproval

for

utility relo

ca

tions.

N. The

utility

compa

nies sha

ll

not begin thei r relocation work until

au

th

orized in

writing by the

County Utility relocation

work ma

y be bid as part

of

the

co

nstruc tion

do

cuments

to

facilitate

efficient project del ivery

taking

care

to

adequate ly

dete

rmine cost for respective utilities .

0

The PDT wil l attend up to

se

ven 7) utility coordination meetings to

be ava

il

ab

le for questions.

The PDT shal l include these meetings for u

ti li

ty

coo

rdination for up to s

eve

n

(7)

widening

16



projects, six (7) intersection improveme

nt

s, one ( I) interchange project a

nd

two (2) speci

al

projects. Other projects may also require these meet ings and shall be agreed upon between the

County and the PDT. If

th

e Co unty and the PDT do no t agree, then the County

may

issue a

Co nstruc

ti

on Change Directive for Additional Se rvi ces to

th

e PDT

fo

r su

ch

meetings.

P. The PDT w

ill

prov

id

e suppo1t (i.e. phone calls and emails) for utility coordina tion

th

roughout

constructio

n.

The

PDT

w

ill

provide day-to-day utility coordi nat

ion

on the project during

construction.

-12 Environmental Studi

es

Permitting

The PDT will be responsible for the required envi

ro nm

ental services to ensure the program is in compliance

with the numerous environmental regulations, including but not limited to the National Env

ir

onmental

Policy Act (NEPA) a

nd

Sec

ti

on 404

o

the Clean Water Act. These services will be pe rformed throughout

project developm ent and be consistent with current pol icies, procedures, and guidelines. Th e follow ing

services are anticipated

to

be req uired:

a

Wetland Delineation/Jurisdictional Determ

in

ations

a

N

EPA

Docum entation

a

Section 404 Permitting

a Environm entalCompI ance

a

Miti

gation/Land Management

II-13

WETL NDDELINE

TION/JURISDICTIONALDETERMINATION

The PDT will pe rfo rm wetland delinea

ti

ons a

nd

acqui re the app

ro

p

ri

ate jurisdictional determ inations

from

the U.S. Army Corps o Engineers fo r all projects. These services wil l be completed during the ..Pre-Proj ect

Planning phase

fo

r each

pr

oject. If

th

e associated project area does not in

cl ud

e any

po

te

nt

ial wetland or

other waters o the

U.S.

(WOUS), the PDT will acquire a ..No Wetlands Present

ve

rification from the

USA

CE. The

fo ll

owing are

th

e individual tasks associat

ed

with these services:

A. The PDT shall provide an assessment and docume

nt

at

ion

o site conditions as

to

the presence

and /or absence o wetland areas. This documentation wi ll include a description o the project area

and natural communities present; app

li

cable mapping,

in

cluding National Wetland Inventory

N Wl)mapping, soi ls s

urv

ey, USGS topographica l mapping, aeria l mappin

g,

etc.; description o

any jurisdictional water

s;

ph

oto documenta

ti

on; and appropriate

we

tla

nd

exh

ib

i

ts

consistent

wi th

the USACE guidel

in

es fo r a

re

quest

for

a jurisdictional determi nation.

B. The PDT will conduct thorough site investigations and perfo rm Jurisdictional De lineation s

utilizing the three-parameter approach (hydric so ils, hydrophytic vegetation and wetla

nd

hydrology) set forth

in

the 7 USACOE

We tl

and De lineation Manual along with

the

gion l

7



Supplements to the Corps ofEngineers Wetla

n

Delineation Manual

C

Identification and marking

of

any upland/

WOUS

boundaries with se

qu

entially numbered flags.

Additionally, us ing sub

-mete

r

GPS or

survey data.

The

digital delineated

wet

land boundaries will

be

incorporated into the figures and

ex

hibits de

sc

ribe in item B above.

D.

Following

the delineation

of

the upland/wetland boundaries,

the

PDT shall submit a re

ques

t to the

Charleston Dis

trict Army

Corps of

Engin

eers

for e ither a preliminary

juri

sdictional

determination

or

an

app

ro

ved-approx

imate jurisdictional determination.

If

no wetlands

or other wate

rs

of

the U.S.

ar

e identified, the PDT will request a

No

Wetlands

Present

letter from the USA CE.

E

A

ge

ncy coordination and sub

sequ

ent site visits will be performed

as

required.

The

ju r

isdictional

determination

package

s will

be

prepared accord ing to current

SCOOT

guidelines and

cons

iste nt

with a ll

USACE

requirements.

F. A determination

of the

anticipated permits will be

documented on

a permit determination form at

this time, and incorp

orated

into

the

overall proj e

ct tracking sys

tem .

11-14 N

EP

DOCUM

ENT

ATION

The PDT

shall be r

espo

nsible for

NEPA co

mpliance in

accordance

wi th 23

CFR

Parts 771 and

772

as

we ll

as any related, current/ lat

es

t guidance promul

ga

t

ed

by Federal

Hi

ghway Adm inis

tr

at ion (FHWA),

as

of the date

of

execu

ted

con

tr

act. It is antic ipated that

the

se se

rvices will include the preparation

of

an

Enviro

nmenta

l

Assessment

for

four 4)

widening projects and

one 1)

interc han

ge

proj

ec

t.

Th

ese

do

cuments w ill

be

prepared according to c urrent

SC

OOT

and

F

HWA

po li

cies

and guide lin

es

at

th

e t im e

of

co

ntract approva

l

If

more

th

an the a

bov

e s tat

ed numbers of

Environmental Assessments a re re

quir

ed, then

the

County

and the PDT shall agree on sco pe and

compensation for

suc h addition

al

Services.

If

the

Co

unty

and the

PDT

do not agree, then the

County

ma

y issue a C

on

struction Change Directive for

Additional Services to the

PDT for

su

ch

meetings .

A. A letter

of

intent will be pr

epare

d and

se

nt to the affected

age

nci

es

after rece ipt

of

n

ot

ice to

proceed. This

wi

ll initiate c

oordin

ation with r

es

ou rce

and

r

eg

ulatory agencies that wi ll

con

tinue throu

ghout

the proj

ec

t.

As

part

of

the

agency

c

oordin

ation, a proj

ec

t wil l be presented at

A

ge

n

cy Coo

rdination

Team

meetings (4 mee tin

gs maximum

).

B. The

County, in coord

ination with the

PDT, SCOOT

and

FHWA

, will determine

app

ropriate

l

eve

l

of

documentation

for

the project.

The County

will be afforded the opportunity to r

ev

i

ew

and

approve

any correspondence,

co

n

tact

or

communica

tion with the FH WA, State and Federa l

18



agencies, and regulatory agencies in advance. As necessary, the

P T

shall schedule an onsite

meeting with the USACOE, SCDHEC, SCDNR, and USFW to review the proposed project.

di

scuss any pa11icular regulatory concerns, and establ ish a timetable for acquisition o the

pe

rmit. Th e

P T

shall make determination

o

the aquatic s

ig

nificance

o

the stream, and

confi

nn

these fi ndi ngs wi th resource and regulatory agency personnel.

C. The environmental documentation sha ll address the fol low

in

g:

I. Purpose and Need -

P T

will outline background that led to initiation o proposed action. A

description o the need for the action, along with specific components i.e. goals,

objectives, benefits to be gained by the public, etc) will be included.

2. Existing Faci lity - PDT wi prepare description o existing roadway characteristics, safety

conditions, Level

o

Service LOS), etc.

3. Proposed Facility PDT will prepare descript

io

n o proposed the roadway

faci lit

y/

im

provements, anticipated LOS, etc.

4. Alternatives - P T wi ll complete an a

lt

ernatives analysi

s

including a discuss ion

o

all

alternatives considered and a detailed discussion ofreasonable al ternatives cons idered and basis

of e limination. Throughout the project development process, fr om preliminary design

through the development o right-of-way plans, the PDT sha

ll

record o any decisions

regard ing a

lt

ernatives, and the PDT sha

ll

provide such records to the PDT Environmenta l

Section at the time that the environmental document is submitted for th

ei

r review and

approva

l.

For Environmental Assessments, an alternatives matrix shou ld be prepared. If

app

li

cable the

P T

shall

in

clude an a

lt

e

rn

atives analysis regard

in

g the

an

ticipated impacts

to

natura l systems, including documentat ion o efforts to minimi

ze

or avoid impacts to waters

o

the U.S., as well as a color graphic s) indicating the anticipated impacts to waters

o

the U.S.

in re lation

to

the surrounding spec ial aquatic sites inc luding

we tlands, drainage systems/features and open waters e.g., a digital ortho-quad, with an NW I

map, and County soil survey maps, and the delineated wa ters

o

the U.S. superimposed)

and Section 404 Clean Water Act) drawings as an appendi

x.

5.

Impact Assessment Form - The PDT shall also include a completed S DOT

Im

pact

Assessment Form as an appendix to the document. The PDT sha

ll

fill out the entire

S DOT Impact Assessment Form when preparing any NEPA document.

9



6. N

atur

a l R

esources

Endan

gere

d

Spec

i

es

S urvey -

PDT

will

pe

r

for111

a natura l res

ources

investiga tion. wh ich will describe the project area, including vegetat ion , w ild li fe,

we tlan

ds/wa

te rs of the U.S.,

water

quality, prot

ec

t

ed

spec i

es

habitat

eva

luation, soils,

top

og

raphy

an

d

an ti

cipated impacts to

eac

h resource . Three h

ar

d

cop

i

es of

the

tec

hni

ca

l

memo will

be

provided

to

the ounty

In add itio n, a

separate

biological

assessment BA)

report will al so be prepared and

pro

vi

de

d to

SCOOT

for coord inat ion wi th USFWS. If an

in fo

r

ma

l consultation with the U.S. Fi

sh

and Wild

li

fe

Se

r

vice

USFWS) is required, then the

PDT

sha

ll also

be

respon

sib

le for performi

ng

this part

of

the pr

oject deve

l

opment

process on

behal f

of

the

County

Any con

cess

ions in either the

scope of

work,

const

ru

ct

ion

ac

t ivities,

or

mitigat ion measures will require prior

C

ounty

approva

l Also any corr

espo

nd

ence

or

co111munica ti

on with USF

WS u

st receive p

ri

or approval by the

County

7. W

etland

s Wat

er Qu

al ity -

P T

sha

ll

qua

ntify the anticipated impacts to waters

of

the U.S.,

and prov ide a

qu

a li tat ive discuss ion rega rding the types

of

strea s,

we

tlands, and

other

wate

rs of the U.S. being impacted in the

con

t

ext

of the adjacent and surrounding

wate

rs of

the U.S. T he findi ngs and documentat ion

fro111 the

j urisd ictional

dete

rmination

se

rvices will

be utili zed and i

nco

r

po

rated as needed. The PD

T

sha ll also inc lude a di

scussio

n regardi ng

the

overall

effects

of

the plann

ed

improvements to

wa

ter quality. A

copy of

the

JD and deta il

s

pe

rtinent

to

req uired state and f

edera

l n

av

i

ga ti

ona l and wet land

pe

rmit applicati

ons

will be

inclu

ded

in the EA , as applicable .

8. Farmla

nd

s -

P

T

will

in

clu

de

a di

scuss

ion o f

fa

rmland pacts, inc

lu

di ng a determi nat ion

of

th

e pr

ese

nce

of

prime or unique fa rml

an

ds

or

farml

ands

wi

th statew

i

de

importance. If

n

ecessa

ry,

coordina

tion with

th

e NR

CS,

i

ncluding

completion of Form

AD-1006, and

r

ev

iew of the a lterna tives pursuant to the Farmland Ac t will be

co

p leted.

9. H

aza

r

dous

Waste and Under

gro

und St

orage Tan

ks -

In

as

sessing the

environmental

lia biliti

es

associat

ed

with the pr

oposed

new right of way, the P T shal l co111plete the

ap

p

ropri

ate

app

licable el

ements of

a Ph

ase

Envi ronmental S ite

Assessment

ASTM

1527). A sp

ec

ia lty subcons

ul

tant will be utili

zed

for th

ese serv

i

ces.

0. C ultura l Resour

ce

s Hist

or

ical ,

Archaeo

l

og

i

ca

l) -

PDT

shall

co

n

duct

investigations

and

prepare

doc

um

en

t

at

ion

as

required. Bac k

gro

und r

esea

r

ch

will be

co

nducted and the SHPO and

oth

er

l

oca

l

agencies/g

rou

ps

inter

es

t

ed in cu

ltura l res

ources in

the

propo

s

ed

project ar

ea

wi

ll be

co

nsu lted. Field surveys for hist

oric and

arc h

aeo

l

ogica

l resources located w ithi n the area

of

potentia l effects of the proposed project will be co nducted.

Cultura

l resou rce investigations

20



wi

ll

no

t include Phase II intensive survey or data recovery. If required,

hi

storic and

archaeo

lo

gical resources survey reports that comply with state and federal requirements

shall be prepared. A specialty s

ub

consultant

wi ll

be u

ti

lized

for

these se rvice

s.

Displacements -

P T wi ll

perform a relocation study to ide

nti

fy all potenti

al bu

s

in

ess and

residential re locations that wi occur as a resul t o the projec

t.

12

Air Quality - The

P T

shal I provide a di scu

ss

ion regarding the overall effects

o

the

project on air quality, and indicate th e Attainment or Non-Atta inm ent status o the

County o the roadway that is to be improved or constructed. No monitoring o existing air

quality or modeling wil l be performed as part o hi s scope o service

s.

13. Floodplains - Based on the resu lts

o

a hydraulic design study performed according to

SCOOT Guid el

in

es for Hydraulic Design Studies the following statements should be

incl

ud

ed in the environmental document where applicabl

e:

Regardi ng FEMA designated

floodway

s

the P T shall include either a ' no effect ' statement or a 'cond iti onal letter o map

revision;' otherwise the P T shall include a statement that based on the hydraulic analysis

o

the pre-construction a

nd po

st-const

ru

ction

di

scharges, the planned roadway improvements

wi ll have no significant impact on either flood elevations or flood widths.

14. Noise - Since the project does not

in

volve additional capacity, or shifting the alig

nm

ent

closer to receivers (Type

II

projects as defined in 23 CFR Part 772), a noise analys

is wi

ll

not

be performed. However, if

it

becomes evide

nt

that a

noi

se analysis is

ne

eded, the

P T wi ll

be

ava ilable to complete the consul tation upon request for a supplemental scope o se

rv

ices.

15

Parks and Recreational Areas -

P T

sha

ll id

enti fy these areas within the project area and

th

e

impacts o the proj ect on the resource(s).

16. Section

4(f) 6(t) -

P T shal I identify prope11ies with in the project corridor that are

protected under Section 4(f) or Section 6(f) and the impacts o the project on the resource(s).

Should a Section

4(f) 6(f)

property be

un

avoidable a

nd

encroached upon, Section

4(f) 6(f)

docum ents w

ill

be prepared for up to two (2) encroachments as part

o

this scope

o

services.

1

7 The

P T

wi ll coord

in

ate with loc al and state park pl

an

nin g authorities to determin e if any

parkland impacted by the alternatives have rece

iv

ed Land and Water Conservation fund

s.

The

limits o these Section 6(f) properties , i any wil l be mapped. Furthermore, the impacts o

the alte

rn

atives on these

land

s will be discussed in the EA . Should a Section

6(f)

prope rty be

21



unavoidable and encroached Section 6 f) doc uments will be prepared for up to two 2)

encroachments as part of this contract.

8

Social and Econom ic -

P T

sha

ll

develop a desc

ri

ption

of

the exist

in

g demographic, soci

al

, and

land use condition

s

9 Envi

ron

mental Justice -

P T

sha

ll

id

enti

fy

any low-

in

come and/or minority areas within

th

e

general project area, using US census data and determi ne if there are potentia lly

disproportionately high a

nd

adverse effects on

th

ese populations as a result

of th

e project.

20.

In

di rect and Cumulative Im pacts - T

he

P T w

ill

di scuss the indirect and cumulati

ve

impacts on land use, water qua lity , social, econom ics, farmlands, wetlands and other topics for

which this discussion w

ill

be appropriate The purpose

of

th is sect ion is,

to

the extent

reasonable a

nd

prac

ti

cal, assess the pote

nti

al indirect a

nd

cumulative effects that may resul t from

the incremental effects of the proposed project w

it

h other past, present and future

development ac tivities

in th

e project area. In order to reasonably assess the proje

ct s

potential to ind uce growth within the project area and to affect notable featu res natu ral

resources), a qualitative review

of

the growth tre

nd

s, land use

po li

cies, and available

la

nd will

be reviewed.

2 1. Coordination -

P T

sha

ll

outline any interagen

cy

and/or public involvement activities that

occur during the project development process.

11 15 Public Involvement for Each Tra nsportation Project

A

Project information w

ill

be prepared and bulk ma iled during the project to potentially a

ff

ected

res

id

ents and local officials in the project area This inform ation wil l be provided in the form of a

newsletter. A newsletter will be mailed prior to the pub

li

c information meeti ng and prior to the

public hea

ri

ng should one be deemed necessary . This newsletter w

il

l notify

th

e pub

li

c

of

the public

meeting and outline the project and di scuss such

it

ems as schedule and the type of im provements

propose

d

B

A public in

fo rm

ation meeting and/or publ

ic

hearing w

ill

be he

ld

during the project deve lopment,

once s

uffi

cient

in fo rm

a

ti

on has been collected

to

develop a ba

se

map and preliminary alte

rn

atives.

This meeting will

be

part of th e cont inuing effo

rt

to p

ro

vide oppo11unities to the public to lea rn

abo

ut

the proposed projects and co

mm

ent

on

them. The meet

in gs

w

ill

fo

ll

ow the established

SCO

T format as estab lished on the date of the Notice to Proceed. It is assumed that

22



representativ

es

from S OOT

, the County

and the

PDT

wi ll attend the

meetings

to help

ex

plain the

project to the public.

As

necessa

ry, w

ri

tten responses

to comments

received

as

a result

of

the

meeting

s wi ll be prepared by the

PDT

and reviewed by the

County

and

SCOOT pr

ior

to

mailing. See below

for additio

nal information re

ga r

ding the

scope

of

se

rvices

for

the public

m

ee

ting

s.

C.

The

PDT

shal l be responsible for

coo

rdinating the public in

vo

l

vement

associated wi

th NE

PA. The

PDT

shall be responsible

for

conducting public information m

ee t

ings .

t

is assu

med

that there will

be one public informat ion

meet

i

ng

and one public hea ring for each of the

four 4) NE

PA projects.

If

more than

the abo

ve

s

tat

ed

numbers

of

m

ee

tin

gs

are required, then the

County

and the

PDT

sha

ll

agree

on

scope and

comp

ensation for such additional

Ser

vic

es

.

If

the

County

and the

PDT

do

not agree, then the o

unty

m

ay

issue a

Co

nstruction Chan

ge

Directive for A

dd

itional Services

to

the PDT

for such m

ee tin

gs .

I.

Public Information Meeting - One

public informati on meeting will be held

to

a fford

citi

ze

ns

the opp

or t

unity to review the prop

osed

project. The

meeting

will utilize

an

informal/open hou

se

format fo r two hours. PDT shall

coordinate

the date and location of the

me

etings with

the

County

personnel and will pr

epare

the

newspaper ad

for

the

Public

No t

i

ce

.

PDT

sha

ll prepare

h

an

dout

s, sign-in sh

ee

ts, and

co

mm

ent

forms for the public

me

et

in

g.

The

information

co

ntained in the h

andouts

will

be consistent

with the information

conta

ined within the environm

enta

l d

ocumen

t, and the format

of

the pub

li

c

hear

i

ng

b

ooklet

will

be co

nsistent with

th

e template

/exa

mple,

which

will be furnished by the

County. The

PDT wi ll

provide

board-mounted drawin

gs

sh

owing the

alt

erna

ti

ves

for public r

eview

.

PDT

shall pr

epa

re a su

mmar

y

of com

ments recei

ved as

a result

of

a publ ic information meeting.

2.

Public Hearing - Upo

n signing

of

the EA, the

PDT

wi

ll

arran

ge

a public h

ea

r

ing

.

The

public h

ea

ring w ill

co

nsist

of

an open-h

ou

se, drop-in format,

o ll

owe

d by a formal

prese

nta

ti

on and public

co

mm

e

nt

pe

ri

od approximately two hours total).

The

PDT

sha

ll

coordinate the

date an

d l

ocat

ion

of

the meeting with the

SC

OOT and will prepare the

n

ewspa

per ad for the Public

No ti

ce.

Th

e

temp

late

/exa

mple will be furnish

ed

by the

SCOOT

, and the

SC OOT

wi

ll

publish the Public

No

ti

ce

in

the n

ews

paper. If necessar

y

SC

O

OT

wi

ll

furn

is

h

and po

st r

oa

dside

sig

ns to

adve

rti

se

the Pub

li

c Heari ng·. The

PDT

shall

prepare handouts, s ign-in sh

ee

ts, and

co

mm ent forms for the Pub lic H

ear

in

g. The

information conta ined in the han

do

uts will be

cons

istent with

the

informat ion con tained

within the EA, and the format

of

the

handouts

will

be

consiste nt with the tem plate/

examp

le,

which will be furn ish

ed

by the

SC

OOT.

Th

e PDT sha ll pre pare the board-mounted

23



drawin

gs

sho

wing

the alternatives for public viewi ng. The

PDT

will arrange for a

court

reporter to record the Public Hearing and prov

id

e a tra nscript. T he PDT wi ll provide

env ironmental per

so

nnel to interface with the pub

li

c as well as the P

ub li

c H

ea

ring Offi ce r. With

input from the

Co

unty

as

nece

ss

ary, the

PDT

shall pre pare responses to each

co

mment

received as a res ult of the Public Hea ring and will distribute responses. The PDT w ill a llow a

period

of

two (2) weeks after the public hearing

to

which they will

co

ntinue to prepare

r

es

ponses

to

each

comm

e

nt

received. After this period the PDT will continue

to accep

t

comments

but w ill not be re

quir

ed to r

es

pond. The PDT shal l prepare a Public Hearing

cert ifica tion accord ing to 23 C FR Patt us ing the format

spec

ified by

SCOOT

(the

template/example public h

ea

ring

ce

rtifi

ca

tion will be furnished by

SCOOT

). The Public

Hear ing cert

ifi

cation

sha

ll documen

t the meeting format, attendees, and

comm

ents and

r

es

ponses

to

public comments.

3.

If th

e project is found to have no significant impacts on the

hu

man

or

natural envi ronment, the

PDT shall provide a

FONS

recommendation letter in the format speci

fied

by SCDOT

(SCDOT wi ll provide a template/example).

D. The

PDT

should

co

mmunica te with the County on a regular basis

to

prov

id

e feedback regarding

project status and

co

n

ce

rns. The PDT s h a not wait until the monthly update to

adv

ise the

County

of

i

ss

ues

or

concerns that

cou

ld impact the

sc

hedule, bu t shall

notif

y the

Cou

nty

of

such

concerns as soon as practicable. A proac tive ap proach shou ld be taken by all parties invo lved in

project implementat ion

to

aver

t any schedule delays.

11 16

SECTION 404

ENVIRONMENTAL PERMITTING

Projects that res ult in unavoidable impacts to WOUS will require

approp

riate Clean Water

Act

CWA) Sect

ion

404

/

40

l permit from the USA CE. In add ition, approvals and autho ri

zatio

ns

of

these

imp

ac ts will require 40 l Water Quality Ce rtifications from the S.C. Department

of

Hea lth

and

Environmental Con trol

SCDHEC).

The permit drawings will be prepar

ed

by the on-ca

ll

engineering firm s

OET) responsible fo r final d

es

ign.

These

drawings wi

ll

be prepared accord ing to

cu

rrent

SC

OOT

standards and guidelines, wit h templates and checklist provided as requ ired. The PDT will be direct ly

r

es

ponsible for m

anagin

g the

dra

w

in

g preparation and will pr

epare

a complete permit pa

ckage

for

submittal. It is assumed that the

PDT

will coordinate with

th

e

SC

O

OT and

permits utili zing the

SC

OOT

Ge neral Permit will be submitt

ed to

the USACE through the SC OOT.

A.

Pre-Applicatio

n Meeting-The PDT sha ll

condu

ct a pre-a pp licat ion as necessary with the

SCOO T

,

USACOE

, SC DHEC, SC DNR , and USFW

to

r

ev

iew the proposed project, di

sc

uss any pa1icu lar

regu latory concerns, and

es

tablish a timet

ab

le for acquisiti

on of

the permit. The

PDT

shall make

24



determination of

th

e aquatic significance of

th

e stream, and confirm

th

ese fi ndings with resource and

regulatory agency personne

l.

B.

Preparation

a

nd Submittal of

a Clean

Water

Act Section

404/401

Applica

tion-

If a Clean

Water Act Section 404/40 1 permit is applicable, the

PDT

shall also prepare the 404/40 1 permit

applicat ion in

th

e format speci fi ed by the Charles

to

n Dis

tri

ct Corps of

En

gi neers and accord ing to

SCDOT guidelines. The permit application w

il

l i

nc

lude,

bu

t not be li mited to a Joint 404/40 1

permit applica

ti

on form ; permit drawings; SCDOT

im

pact assessment form including

avoidan

ce

/minimization meas

ures

and miti gation plan; and supplemental information as req

ui

red.

In

the completed app lication, the

PDT

shall docum ent all proposed im pacts to Waters of the

U.S

.

C. In s

om

e instances,

th

e

Co unty

may, opt not to identify any

firm

as their agent in

th

is matter on the

Joint State and

Fe

deral Applica

ti

on

fo

r

m.

Even if no agent is

id

entified on

th

e

Jo

int State and Federal

Application form, th e PDT shall be

re

sponsibl e fo r furnishin g a

ll

of the supplemental info rma tion

in support of

th

e permit application as described herein , and the PDT shall be assigned

al

l of

th

e

fidu ciary duties and responsibili

ti

es associated

wi

th pe

rm

it acqui sition, and for al I of the tasks, du ties

and responsibilities o

ut

lined herein, with the only distinct ion being that all of th is in fo rma

ti

on sha ll

be provided to the Count

y,

wh ich will

th

en

fo

rwa rd

th

e in formation to the Charleston District

Corps of Enginee rs or SCDHEC as the a

ppl

ica

nt

(i.e., all of the su

pp

lementa l information in support

of

th

e appl ica

ti

on sha be forwarded to the regulatory agencies on

th

e

C

ounty s letterhead, and

all co

mm

unication with

th

e resource or regulatory agenci es shal l originate with the

County

).

D. Also,

th

e

PDT

sha ll provide wi

th

any Section

404

application at a minimum, concurrence from the State

His

to

ric Preservation Office regarding the a

nt

icipated project effects

to

any cu ltural resources, as

we

ll

as

e

ith

er a biological assess

me nt

report (for those projects having no effect on any

fede

rally

li

sted species or habitat) or a Section 7 sign-off/concurrence fro m the U.S. Fish Wi ldlife Service wi

th

any Section

404.

E.

Preparat

ion

of

Draw

ings

and Maps- As part of the Clean Water Act Sec

ti

on

404/40

I permit

a

pp

lication package,

th

e

PDT

shalI coordi nate and review drawings and maps provided by the

OETs and shall su

bm it

said drawings depic

ti

ng the proposed impac ts to

wa

ters

of

the U.S. on

th

e

subj ect propert

y.

inc luding fill placed fo r construction of the new

fac

il ity, as well

as

any impacts from

m

ec

hanized cl

ea rin

g (clea

rin

g and grubbing), and any impacts to ju

ri

sdi c

ti

onal streams (e.g., culvert

extensions, strea m channel re-al ignm ents or

th

e placement of riprap in stream channels . The

PDT shall in

c lude th e surveyed or measured bounda

ri

es of juri sdic

ti

onal wa ters superimp osed on the

actual development/gr

ad

ing

pl

ans to establi sh

th

e proposed jurisdictional impacts.

25



F Agency Coordination During

the Joint

Public Notice

or

Dissemination

of

a

GP

Authoriza t ion

Request- Fo llowi

ng dissem

in

at i

on of

the J

oint

Public

Not

ice

(or GP au

th

or

ization request)

for the

project

and

prior

to

the reconnaissance

of

the project site by any

of

the r

egulato

ry

or

commenting

age

nc ies, the

PDT

shall meet wi th representati ves

of

the

Co

un ty,

the Ch

ar

leston District

Co

rps of

Engineers,

SCOOT, SCDHEC

,

SCDNR

and

USFWS

to dis

cuss

the project and to an

swer

any

questions

(for

this meeting, a

conference

cal l

wi

ll

suffice). When

app licable

, the parti

cipa

nts in any

such meeting/conferen

ce ca

ll should

in

c

lude

rep resentatives

of the

U.S. EPA and/

or NOAA

Fisheries.

Anot

h

er

such

meeting

(o

r

conf

eren

ce

call) sho

ul

d

occu

r followi

ng

the

age

nci

es

r

eco

nna issance

of

the proj

ect

s ite to clarify

any

concerns

and

to address any

que

stions prior to the

release

of

any official

comments

by those agencies

during

the

30-day

Joint

Public

Not

ice peri od. If

the project in

volves

any

new

roadway a li

gn

me

nt

, the PDT

sha

ll additiona lly pr

ovide

a tour

of

the

project

co

rrid

or

for

representa

ti

ves

of

the regu latory and com m

ent

i

ng agenc

i

es

(the

Co unty

li

ais

ons

where applicable

or

practi

cab

l

e)

as they

conduct

their

re

con

nai

ssa

nce

of

the project site.

Negotiations

nd

Permit cquisition

G.

The PDT wou

ld

be

in contact with the

SCOOT,

USA

COE

,

SCDHEC

and o

ther

federal,

sta

te

and

local

r

egu

lato ry perso

nn

el

throu

gho

ut

the

course of the

permit

ap

plication pr

ocess

, and coordinate

the submission

of any

additional informat ion

as

requested by the respective

age

nc i

es

in or

de

r to

fac ilit

ate

permit

acq

uisition.

The PD

T sha

ll

inform the

Co

unty

of

a ll

co

mmunications involvi ng the

subj

ec

t property.

H.

The

PDT

sha

ll also

inc

lude

a di

sc

ussion r

egarding

the overa

ll

e

ff

ects

of

the plann

ed

improvements to

wa

t

er qua

li ty. Wh

en

d irected by the

Coun t

y,

the PD

T sha ll pr

epare

r

eq

uired state and federa l

navigational

an

d

we tl

and perm

it

applications, perform in

terage

n

cy and

/

or

li

ai

son

pr

esen

tations

as

necessary,

negot

iate/

secur

e such permits (includ

in

g n

ecessa

ry

correspo

ndence), and perform

related env ironmental studi es including, but not limit

ed

t

o,

fie ld

in

vesti

ga

tions/surveys, sto

rmw

at

er

managemen

t pl

ans, Enda

n

gered Spec

i

es Act Compliance

, natural sys

tems

studies/repor

ts

,

cu

ltural

resources su rveys

(Na

ti

ona l Historic Preservat ion

Act Sect

ion 1

06

co

mpliance),

NEPA co

mplian

ce (or

ass istance

with

one or more aspects

of

NE

PA

co

mpli ance), miti

ga

ti

on

planning and

s ite se lection

and natural

st

r

eam des

ign.

I

The

PDT

sha

ll

also

furnish supplemental information

in

support

of

the Section

404

/

40

I pe

rm it

application, or SCDOT s

Co

rps General Per

mit

autho

ri za

tion request (e.g.,

NE

PA, Thr

eate

n

ed

Endangered

Spec

ies Report. c larificati

on

.

add

itional information

or

responses to

commen

ts, etc.).

The

26



P T

with

Co unty

review

an

d

approva

l, sha

ll

a l

so

be r

espo

nsible for

exped

iting approval

of the

permit, coordinating any

co

n

cessions

in the projec t scope

or

in the mitigation , or spec ia l permit

conditions requested by any of the resource or reg

ul

atory

age

ncies.

Th

e

P T

wi ll a lso prepare the

appropriate responses

to age

n

cy or

pub

li

c

co

mm

ents received

as

a r

es

ult of the public notice

or

from

the

di

sse

mination

of

a General Pe

rmit

authorization re

qu

est,

as

the

Co un

ty. The

County

reserves the

ri

ght

to

review and

approv

e both the permit appli

cat

ion

and

any of

the

suppleme

nt

al information

provided in support

of

the application e.g., clarification, additional inform ation

or

res

pon

ses to

co

mm ents, etc.), in

cluding

any

communication

e.g., e-mai l, facsimile, phone ca lls, mee tings,

etc

.),

b

efo

re it is submitted to the C ha

rl es

ton

Di

st r

i

ct Co

rps

of

Engineers

(or ot

h

er

revi

ew

and reg

ul

atory

agencies) on our behalf.

Navigational Permitting

J.

If

a U.S.

Coa

st Guard permit is re

quir

ed for individual projects, the P T shall provide a

completed

application for submi

ss

ion

to

the

7th

District Coast

Guard

,

acco

r

ding

to the latest guide lin

es

promu

lgated by the U.S. Coast Guard . The P T shall a lso furnish supplem

en

tal information in

~ p p o r t

of

the application e.g., clarifica

ti

on, additiona l information or responses to

co

mments, etc.).

The

P T sha ll also be responsible for

ex

p

ed

iting

approva

l of the permit and fo r preparing the

appropriate r

espo

n

ses

to the

comment

s rece ived

as

a result

of

the public notice,

as

direc t

ed

by

the

County. The

County r

eserves

the

ri

ght

to

rev i

ew

a

nd

approve both the Coast Guard Permit

ap

plication and any

of

the suppl emental information provided

in

su

ppo

rt

of

the appl i

ca

tion e.g.,

clar ification ,

additiona

l information

or

re

s

po

n

se

s to

com

ment

s,

etc.) before

it

is submitt

ed

on

our

be

hal

f

K.

fa

State

Permit

to

Co

nstruct in Navigab le Waters is re

quired for

the subject project, then the

P T

sha

ll

prepare an application according to the State Regula tion 19-450, and the lat

es

t guidance

promulga ted

by

SC DH EC. The

PDT

shall also furnish supplemental information in support of the

application

(e.g

., c larifica

tion

, additional in

forma

ti

on

or responses to

comment

s, etc.).

The

PDT

sha ll

be responsible fo r

ex

p

ed

iting a

pprov

al

of

the permit and for preparing the a

ppr

op riate respon

se

s

to the comments receiv

ed

as a r

es

ult of the public notice or dissemination of a

Naviga

ble Waters

General Pe

rmit aut

h

or

izat ion re

qu

est, as directed by the Co

unty.

As not

ed

above, the Cou

nty

re

se

rves

the rig

ht

to r

eview and

approve both the

ap

pli

ca

tion

for

the Permit to

Co

nstruct

in

Naviga

ti

onal Waters

and any of the supplemental information provi

ded

in support of the

ap

pl ication (e .g. , clarification ,

additional information or r

espo

nses to

co

mment

s,

etc.) before it is submitted on

our

behal

f

itigation ank

27



L. In accordance with reg

ul

atory requirements, the PDT will develop a conce ptual mit igation plan and

submit it as part of the appl icat

ion

package. Per the USA COE Charleston

Di

stri ct, th e use of an

existing mitigation bank wou ld be the preferred method of mitigation. The County ha s executed a

contract with Eco Capital for the purchase of property to develop into a miti gation bank of which the

County shal l be

th

e key tenant. The PDT has been furn ished with

thi

s contract a

nd

its corresponding

credit release schedule. The

PDT

sha

ll

assist the

County

in track

in

g

mi

tiga

ti

on bank credits

estab lished by this bank and make recommendations to

th

e County regard ing

th

e bank as a wh ole.

It is assumed

thi

s bank will provide the required mitigation for

th

e program.

a. The PDT shall p

rov

ide maintenance

to

the Mitigation Bank prope11y for the duration of the

CONTRACT (see sect

ion

8

La

nd Manageme

nt .

b. The County shall budget One Mi llion, Five Hundred Thousand

($ 1,500.000)

Dollars

fo

r the

Services associated with the Mi

ti

ga

ti

on Bank, but th is does not obligate the County to use

these funds, and does not limit the

PDT

to

th

at amount

as

a lump s

um

for co

mp

ensati

on.

(T

hi

s

$ 1

.5 million includ

es

Se rvices

to

be rendered

by th

e PDT to work on USACE Permits.)

c. Compensation for Mitigation Bank Services shall be agreed to by the Contractor and the

County

prior to the Contractor undertaking

th

e Mitigation Bank Services.

d.

If the County and the PDT do not agree on the scope or cost of such Mitigation Bank Services,

then the County may issue a Construction Change Directive for Additional Se rvices to the

PDT fo r such Services.

ll

17 ENVIRONMENT LCOMPLI NCE

The

PDT

w

ill

provide support

fo

r env

ir

onme

nt

a

ll

y sensiti

ve

proj ec

ts under construction a

nd

assist in keeping activities in compliance with environmental requirements. Specifica

ll

y, the PDT

will prov

id

e a qualified environmental inspector

fo

r the County s projects who

wi ll

address

environmenta l

th

roughout a project construction process. The inspec tor wi

ll

compile

environme

nta l commitments, permit standard/special conditions, and maintain an environm ental

journal with the appropriate Environmental Compliance

fo

rm s. The inspector

wi

ll complete an

Envi

ronm

ental Close-out Report at the e

nd

of every USACE permitted project. Th is report is

anticipated to include completed compliance forms, site photographs, environm ental journal

records, etc. The following are examples, but not the limited scop

e,

of the an

ti

cipated task

s:

a Attend project pre-bid meeting

fo

r environme

nt

al inquiries;

a

Attend preconstruc

ti

on meeting to

hi

g

hli

ght stag

in

g,

access, initial BMP site preparation,

reporting requirements, special conditions, etc. ;

a Partic

ip

ate as needed

in

regu lar contractor meet

in

gs on site to address questions and

environmentalconce rn

s;

a Review construc

ti

on site with environmental compliance form s;

a Review permit

pl

ans, construction plans, construction proposals. a

nd

reconcile difference s;

a Track compensatory mit igation (on-site or confirm receipt ofbank cred it transfer .

a Coordinate with

th

e County a

uth

ori

ty

and contrac tor to ensure project jurisdictional bound aries

for proj ects of concern ;

28



a

Coo

rdinate with

Co

unty authority and

con

tract

or

to

se

t up d

eb ri

s pile stations r

ev

iew stag

in

g

ar

eas borrow pits and l

ay dow

n sit

es

in environmentally sens itive locations;

a Review construction

access

through ju

ri

sdictiona l crossin

gs

;

a Attend on-si te

meet

i

ng

s with

agency

pers

onn

e l

to

an

swe

r

ques

tions;

a Maintain an

Environmen

tal Journal for alI distri

ct

projects r

equ

iring a USACE perm it.

9



H 18 L NDM N GEMENT

The PDT will work with Richla

nd

County Government

to

manage rural, largely forested land

owned by Richland County County) known as the Mi

ll

Creek property. The subject property is

presently being monitored a

nd

managed for

th

e

pu rp

ose

of

establishing a Mitigation

Ba

nk by others

in

affiliation with the Co unty. The management

of

the property must

be

in accord w

ith

well-establ ish

ed

land management practices and contribute to

th

e overa

ll

conservation va lue of the property wh

ile

protect ing the goal of Mitiga

ti

on Banking. The PDT

mu

st use an individua l or subconsultan t with

comprehensive expe

rti

se in land management and natural resource conservation.

The property includes approximate ly

1,3 6

acres

of

natural lands along

th

e Congaree Rive r, I0 mi

les

of

rur

al

forestry type roads,

5

to 20 culve11s and stream crossings

of

va rious types,

we tl

ands,

st

ream s

wi

ldlife areas, monitoring wells, plots and transects a

nd

is fr

eq

uently flooded. Specific tasks are

li

ke ly to

include, but are not limited

to:

I. Review

all

exis

tin

g reports and informa

ti

on accumulated on the property as it pe11ains

to

the

conservation land management associat

ed

with the establishme

nt

of mi tiga

ti

on on the propert

y.

This in form ation will be provided by th e County.

2. Conduct a thorough site analysis of imm ed iate and long term land and conservation management

needs for

th

e property.

3. Prepare a management plan, designed

to

meet the objectives of the

Co un

ty , fo r the overall

monitoring and maintenance of

th

e prope11y. The plan should include a detailed scope of service,

timeline, and proposed expenses listed below) for review a

nd

di scussion with Co unty sta ff.

a. Inspections at least quarterly a

nd

a fter major storm events

b. Road maintenance approximately I 0 miles of rural forestry type roads) after major storm

eve

nt

s a

nd

when necessary to maintain reasonable access no bridges curren

tly

exist on the

property a

lth

ough 4 small bridges with approximately 20,000 square feet

of

deck are

proposed) for mitiga

ti

on operations

c. Tree clearing/removal for initial clean up where necessary, after major storm eve

nt

s and

when necessary to mainta in reasonable access

d.

Mowing along roads and within approxi mately 25 acres of open fields)

bi

-annual ly and

timed so as to limit di sturbance

to

wildlife pa

i

cularly turkeys

e.

In

vasive species control

in

cluding Privet a

nd

other species as found

on

-site

on

portions of

th

e property o

ut

side of

h

e mitigation bank, approx

im

ately 400 acres

f. Wildlife control fo r the e

nti

re tract as necessary pr

im

arily consisting of beaver, hogs and

deer which can impact access as we ll as mitiga

ti

on operations.

g. Hand labor Trash Co llec

ti

on, Gate Repair, etc)

h.

Bo

un

dary

lin

e maintenance per

fo

rmed at least annually to ensure clear property boundaries

4. The management plan

mu

st include enhanceme

nt

and maintenance of existing flora and fau na on

the site in conj

un

ction with the Mitigation Banking efforts.

5. Prepare information with a spec ia l focus on defi

nin

g rapid mai ntenance response due to weather

events.

6. Provide technical and other information for prioritizing ac

ti

on items maintenance and

manageme

nt of

the prope1

1y

.

7. Co nduct meetings with Cou

nt

y st

aff

and officials and others as directed when necessary to provide

30



update on the effo1t to ma intain a

nd

improve

th

e conservation value of the property.

8. Coordinate closely with tho

se

estab shing the Mitigation Bank to ensure

th

e overall La

nd

Management Plan is in concert with these important efforts.

Task

III: Quality Assurance Reviews and Coordination for Each

Transportation Project.

A. The PDT shall provide quality assurance reviews of all plans designed for the Transportation

Program. This shal l include, but is not limited

to:

design criteria preliminary conceptual plans

preli

min

ary right of way plans, final right of way plans, 95 % construction plans and final

construction plans.

B.

The

PDT

sha

ll

also be the manager

of

the prog

ra

m

s

general provisions, special

pro

visions. and bid

documents.

Ge

neral provision

s

speci

al

provisions, and

bid

documents wi ll be developed

jo intly wi

th

County staff.

C. The PDT shall monitor individual project schedules, and noti

fy

the County on a monthly

basis of whether individual projects are on or off their intended schedules or if any scheduling

conflicts exist.

D. The PDT shall coordinate correspondence, project plan reviews d

es

ign field reviews, and project

prog

re

ss meetings wi

th

SCDOT other applicable government agenc ies, and design Consul tants.

Task IV: Right-of Way Acquisition for Individual Projects

A.

The PDT s

hall

produce a

ri

ght-of-w

ay

acq

ui

s

iti

on policy

for

the CTIP. This poli

cy

sha ll

conform to

th

e Uniform Relocation Assistance and Re

al

Property Acquisition

Poli

cies Act of

97 (Uniform Act). It shall include, but not be limited

to

establishing a standard policy for: title

searches and deed work, appraisals rig

ht

-

of

-way exhibits, property acquisition negotiations.

property acquisition approval authority

hi

erarchy, property ac

qui

sition close-out documents,

condemnation proceedings, project right-of-way certifications.

B. Th e PDT shall also work with County staff to produce a utility coordinat ion po

li

cy for the CT P.

C.

The PDT sha ll provide acquisition services for all

ri

g

ht-

of-way necessary

fo

r ind

ivi du

al projects

within

th

e contract duration between the County and the PDT. With in

thi

s task, the PDT shall

inc

lude a subconsu

ltan

t fr

om

the SC T approved right-of-way acquisition listing to ensure

3



co

mpliance

with

the Uniform Re location Ass istance and Rea l Property Acquisition Policies

Act

of 1

970 (U

niform

Ac

t)

fo

r any federa

ll

y funded projects.

D. The

PDT

sha ll

coo

rd

in ate

any pl an r

ev

is ions associated with righ

t

of-way negotiations w ith

desig

n consultants

(O E

T)

cont

r

ac

ted

by

the Co

un

ty.

E. T he

PDT

sha

ll fil

e

acq

uisiti

on doc

uments with a

ppr

opr

iate

agencies

and

depar

t

ments

on b

eha

lf

of

the County aft

er

approval by the C

ou

n

ty s

l

ega

l cou n

se

l

F. D

esig

n

Co

nsult

an

ts

con tracted by the

County

sha

ll

be

tas

ked with individual proj

ec

t righ t

of

way staking.

Th

e

PDT

sha

ll

coo

rdinate thi s st

ak

ing

tas

k

pr

ior to enteri

ng

negotiations with

individua l property

ow

ners.

G. The PDT sha ll subm it a right-o f way c

er

t ification for individual proj

ec

ts prior

to co

nstruction to

the

Cou

n

ty

and SC

DOT

on projects located on their network.

The

PDT shall a lso be

respon

sib

le for

acq

ui ring approval

of

the right-

of-way ce

rti

fi cat

i

on pr

ior to construc

ti

on.

H. The PDT sha

ll

ment

or

2

SLBE

firms

du

r

in

g this program in an effort to prov i

de

meanin

gfu

l

opport

unity fo r

se

rvices to

be

provided

as we

ll

as

tra ining such that each

SLBE fi

rm h

as

the

op

portunity to grow both in

se

rvi

ces

pro vided

as

we

ll as in

capaci ty.

Task

V: P

ropo

s

al Preparation and Procurement

A. The

PDT

sha

ll

prov i

de

a Proc urement Man

age

r

to wor

k

with

the C

ounty

on project procu

remen

t

docu

ments, adverti

seme

nts,

sc

hedules, a

dd

enda, bid

ope

nings, etc. The

PD

T sha

ll

provide the

Co

ntract Man

agemen

t O ffi ce r thi rty 30) days notice in writing

shou

ld there be

an ant

i

cipa

ted

change in

th

eir

P

rocureme

nt

Manage

r. The

Co

ntra

ct Ma

n

agement Officer

has the right

of

refusal

of

the prop

osed

repl

ace

ment for th is position.

B. The

PDT

sha ll

deve

lop a m

ont

hly bid opening sch

ed

ule

to be

approved by the C

ounty wh

i

ch at

a

minimum will inc lude

dead

lines for: Final

Co

n

st r

uc

ti

on

Pla

ns

Subm

ittal, Final

Co

nstruction

Est imating. Pe

rmit Acqu

i

sit

ion , Right

of

Way

Cer

tifi

ca

tion,

Adequa

te

Cons

truction Funding

Ava

il

ab

ility, Bid

Adve

rtisement, Addendum Re lease, Bid Op

en

in g, Bid Reviews, Council

Ap p

roval,

Construc

ti on

rund in

g Encumbrance,

Contr

act

Ap p

roval, Preconstruc tion

Meet

i

ng

,

Contracto

r Notice to Proceed.

32



C The PDT shall produce fin al engineering cost est imates based on fin al contract proposals prior to

advertiseme

nts. Th e PDT sha ll also conduct bid tabulation analysis fo llowing bid open

in

gs and

provide recommendations to the County for award of contracts

D. The PDT shall u

se

sta

nd

ard

lan

guage a

nd

specifications provid

ed

by

th

e SLBE Divisi

on

fo r

indi vidual contracts to enco

ur

age and direct SLBE participation. This wi ll be developed in

conjunction

wi th

and approved by County staff.

E The PDT will work in conj unction with and assist County staff in oversigh t and compliance of

Prime Contractors to ens

ur

e SLBE

firm

s perform in accordance

wi th th

e terms

id

entified

in

executed contracts and are pa

id

promptly.

F. The

PDT

sha

ll

assist

th

e

County

staff

in

conducting workshops

to

in

crease awareness

of

th

e SLBE

Program. For estimating purposes

th

e

PDT

sha

ll

scope two

wo

rkshops yea

rl

y

fo

r

th

e entirety of

the contr

ac

t The PDT in coordi

na

tion with the SLBE Di vision, and with approval s

hal

l advertise

th

ese

wo

rkshops

on

behalf

of

the

County

produce brochures, maiI o

ut

yers, a

nd

provide st

aff

fo r

attendance and participation.

Task VI:

Construction Services for Roadway Transportation Projects

A The

PDT

sha

ll

provide a Co nstruc

ti

on Eng

in

eering Manager

to

work with

County

staff

througho

ut

const

ru

ction

ph

ases

on

all

id

entified projects within

th

e

lim

its

of

this contrac

t

The

PDT shall prov

id

e the Co ntract Management Officer thirty (30) days notice in writing should

there be an a

nti

cipated change in

th

e

ir

Construction Engineer

in

g Manager The Contract

Man

ageme

nt

Officer

ha

s the rig

ht

ofrefusal of he proposed replacement fo r

thi

s position.

B. The PDT s

hall

conduct constructability re

vi

ews on final construction plans and spec

ifi

ca tio ns

to

ens

ur

e constructability as

we

ll as conformity with S DOT and Co ty standard spec ifications.

C

Th

e PDT shall ser

ve

as

th

e Construc

ti

on Engineering and Inspections Manager on a day

to

day

basis fo r CT

IP

Projects while in their construction phase of

wo

rk. This inc

lud

es th e fo

ow ing

for

alI projects on S DOT netwo rk roads :

Project Management

I. The Construction Enginee r Manager will direct a staff of Project Inspectors that

33



wi ll

carry out the majority

of th

e

in

spection, sampl ing, and test

in

g responsibil ities on

th

e

pro

je

ct.

2. The

P T

sha

ll

also provide a Materials Management Engineer. The dut ies

fo

r

this engineer s

ha

ll

in

c

lu

de coordination wi

th

project

in

spectors to ensure a

ll

samples a

nd

certifications are obtained and tests are performed as described in the

SCDOT

Con struction

Manual, Sta

nd

ard Speci

fi

cations, Special Prov isions a

nd

Suppleme

nt

al Spec

ifi

cations at

any point when any SCOOT or governm ental manual or document is mentioned in t

hi

s

Ex

hibit

B it

is assumed that the

la

test edition

of

s

uch

manual or docume

nt wi ll be

utilized).

Additional task includ e logging a ll samples into the project sample

lo

g, track

in

g test results,

ensuring check samples are taken as needed, addressing

fai

ling sa

mpl es

with

th

e required

docum entation and coordination with SCDOT s material lab

fo

r the purpose of alte

rn

ate

testing.

3.

The P T is respons

ibl

e for coordinat ion of test ing and samples. The cost and fees

of

Independent Assurance a

nd al

l laboratory testing sha

ll

be a reimbursa

bl

e expense.

ntract Mana::ement Administration

The P T shall provide office engineering, scheduling and administration staffnecessaiyto properly

manage

th

e projects to include, but not limited to the tasks as

li

sted be

lo

w.

1 Doc

um

e

nt

manageme

nt

a. So

ft

ware

b. Personnel

c. Int

erface with

De

sign

-B

uild con

trac

tor as necessary

d. Hard co

pi

es and electronic data

e. Construction su

bm

ittals tracking

2. EEO compliance

3. Training program

4. Safety mon

it

oring program

5. Contractor

pay req

uests a

nd

es

tim

ate

ge

nerat

ion

6. Verification and a

pp

rova ls

7. Endorse partner

in

g concept

8. Di

spute management

9.

Const

ru

ction contract change order generation

4



10 . Project documentation (all projects

wi

ll utilize SiteManager or other approved

program)

a. SiteManager

DWR

b.

Photo and video gallery

c. Materials

sa

mp

li

ng and tes

tin

g

d. Project inspection reports

1I. Project schedule

a. CPM analysis

b. Schedule approval recomm endation

c. Progress Repotts

d.

Updates

12.

Contractor submittals

a. Submittal review Coordinati

on

and Tracking

b. Independe

nt

analysis estimate ofchange orders

c. Claims review

d.

Certification ofContractor

s

inspection personnel

e. Coordination ofAs-Built Plans

13. Re source agency coordi nation

a.

Enviro

nm

ental mitigation/permit monitoring

b.

Water qual

it

y monitoring

c. Permit requirement tracking

d.

Permit modification tracking

1

4.

Right-of-way coordinat

ion

a. Acquisition schedule/Special provision adherence

b. Relocation, demoliti

on

and clearing activities

c.

Ha

zardous material handling activities

15.

Ut il

ity coordination

a.

Ut

ility company faci

li

tation

b. Specification conformance reviews

c.

Utility relocation diaries

16.

Project C

lo

seout(completed within

180

days

of

project Substantial completio

n

35



a. Final Inspection

b.

Co

mpl

etion

of

PunchI st

c. Materials Certification preparation and s

ubmi

ttal

d.

DB

E Compliance Rev

ie

w

e. Final Quantities and Es

tim

ate

f Review Contractor As-built plans

Inspection and Testing Services

I. The P T shall pro

vi

de a sufficie

nt

number

of Pr

oject Inspectors

to

perform

the majority of th e on-site

in

spection and testing duties in accordance with the

project Quality Assurance

Pr

ogram. The P T sha

ll

be

re

sponsible for ve rifying a

nd

documenting

th

at the quantities

of

testing Quality Control and Quality

Acceptance QC and QA) are be

in

g met and ma intain ma ster project QC and QA

record s. The P T shall

re

view the contractor

s

Qua

li ty

Control QC) Plan and

recommend for approval in acco

rd

ance with contract documents. P T shal I

interface and coordinate with the contractor s QC personnel

on

a dai ly basis. Th e

Project

In

spectors shall report directly to the Project Engineer who shall direct

th e daily work

of

the

in

spectors. Projec t Inspectors sha

ll

coordinate a

ll

samp

li

ng

and ce rtification information wi th the Mate

ri

als Ma nagement Engineer. These

inspectors w

ill

be responsible for hig

hl

y technical a

nd

spec ialized inspection and

test

in

g proced

ur

es

fo

r

ro

adway and bridge construction

in

the areas

of

concrete,

foundations soils and earthwork, aspha lt roadway, concrete paving, erosion

control , maintenance of traffi c and others. These positions will be expected to be

S OOT certified in the areas me

nti

oned, or possess the ability to become

ce r

tifi

ed through the S OOT certifica tion

pro

gra

m.

The following tasks have

been developed to address th e aforementioned goals and

ob

jectives.

2. The P T shall perform Inspection and Qua

li

ty Acceptance Testing

for

a

ll

Co ncrete Structures. The P T shall provide all necessary personnel and eq uipm ent

to perform a

ll

necessary Qua

li

ty Acceptance inspection. samp

li

ng, a

nd

on-s

it

e

testing of concrete structures on the Project. This task

in

cludes perfo rming

necessary a

ir

and s

lum

p tests, inspec ting the constructi on of the formwork,

placement and tying of re

in

forcing steel, checki ng g rades as set by

th

e contractor,

making and storing concrete cy linders,

lo

gg

in

g a ll samples into the project sample

l

og

, tr

ac

king test res

ult

s. ta

kin

g check samples

as

needed, addressing failing

36



sa

mpl

es

by

ar

r

anging

and assist

in

g alternate testi

ng

of

materials through the

S OOT

lab and a ll

other

ins

pect

ion duti

es as de

scrib

ed

in

the S DOT

Co

nstruction

Manua

l and

Standa

rd Specifi

ca t

ions latest edition. The

PDT

shall

provide suffic i

ent staff

to monitor a

ll

th

ese

act ivit i

es

independently and

to

sa

mple and test

mat

erials

in

accordance with

the

sa

mpling frequ

enc

i

es

established

by the special provi sions

spec

ifications supplemental spec ifications and the

S DOT Co

n

st

ruction

Ma

nual. All

PDT

s

taff

ass

ign

ed

to this task must possess

a curre

nt

S DOT certification in

Co

ncrete In

spec

tion.

3. The

PDT

sha ll perform Inspection

an

d

Qua

lity

cce

ptance

Tes

t

ing

for a

ll

Structural

Foundat

ions . The

PDT

shall provide all necessary personnel

and

equipment

to

perform all nece

ssa

ry

Qualit

y

cceptance

inspection

sa

mpling and

on-site testing

of

structural foundations

on

the Project.

Th

is may include driven pi le

foundations

spread

footing foundations and drilled shaft foundations.

This

task

includes performi

ng

ne

cessa

ry inspection

of the

driven pil

es

including

ga t

hering

a

ll

necessary information for the compl

et

ion

of

the pile recap sheet and spot checks

of

pile a

li

gn

me

nt

and cut

off

grad

es

. This task al

so

includes the n

ecessa

ry

inspection of dr illed shafts including in spection of

the excavate

d shaft tying

and

placement

of the

rebar

cage

sam pling and

in

spection

of he

slurry on- site

testing

and

samp li

ng

of he concr

ete

co

mpl

et

i

on of all for

ms a

ssoc

i

ated

with drilled sh

af

ts

incl

uding

the

co

ncr

et

e c

urves

etc. faci litati ng the

CS

L testing logging all

s

amp

les into the project sampl e

log

tracking

test results t

ak in

g ch

ec

k samples as

ne

eded

a

ddr

es

s ing fa iling samples by arranging

and

a

ss

isting

in

a lternate testing

of

mate

ri

a ls

throug

h the

S DOT

l

ab

a

nd

a ll

ot

h

er in

spection duties

as

de

scr

ibed in

the S DOT Co

nstru

ct

ion

Man

ua l and

the Stand

ar

d Speci

fi ca

tions latest

ed

ition.

The

P T

sha lI provide suffic ient

staff

to

mo

nitor a

ll

these act ivi

ties

independent ly and to

samp

le and test materials

in accorda

n

ce

with the

samp

l

ing

frequencies

es

tablished by the spec ial provisions specifica

ti

ons suppleme nta l

specifications and the

S OOT Construct

ion Manua

l

A

ll

PD

T

s

taff

spec ifica lly

ass

i

gne

d

to

this task

mu

st possess a current

S DOT cert

ification in

Foundati

ons.

4. The

PDT

sha ll perfo rm Inspe

ct

ion and Qua li ty

cce

ptance

Test

ing for

al l

Earthwork

and Base ctivities. The P T sha ll provide all n

ece

ssary

pers

onn

el and

eq

uipm

en

t to perform a

ll

nec

ess

ary

Qua

lity

cc

eptan

ce

inspecti

on

s

amp

ling and on-site testing of

earthwork

and

base

construct

ion on the

Project.

Th

is inc lu

des

but is not

li

mited to

em

bankment con struction

37



excava

tions

mu

ckin

g,

bo

rrow

excavati

on installation

of geosyn

theti

cs

and

geogrids ce

ment

and

/o

r lime st

ab

ili

za

tion

gro

und modifica

ti

ons gr

ade

d

a

gg

regate

base co

ur

se co

nstruction placement

of

drainage

sys

tems

and

any

other relat

ed

activities. Th is task includ

es pe

rforming necessary inspection and

s

amplin

g of

borrow excava

tion and su

bg

r

ade

at frequencies es

tab

li shed in the

specifications monitorin

g,

inspection and t

est

ing of a ll comp

ac ti

on activiti es on

the

projec t es

tabli

shing limits

of mucking

or undercuttin

g,

inspection and

sam

pling

of geosy

nthetic mater

ial

pl

ace

ment and

co

mpl

et

ion

of

a ll forms

associated with earthwo rk and ba

se

construction logging all samples in to the

project sa

mple log tr

ack

ing test r

es

ults taking

check

samples

as

needed

a

dd r

essi ng failing samples by arranging and

ass

ist ing in alternate tes ting of

materi

als

through the

SCO

OT lab a

nd

a ll other inspect ion duti

es

as

desc

ribed in

the

SCOOT

Co nstr u

ct

ion Manual and the Standard

Sp

ecifications latest

edition. The

P T

sha

ll

monitor contr

ac

t

or

s

compli

ance with the c

ontra

ctor s

approved

QC

plan for ea rthwork and sha ll provi

de

suffi

cie

nt st

aff to monit

or a ll

these

ac

tivities independently and con

duct

Quality Acceptance s

am

pli

ng

and

testing

of

m

ateri

a ls in ac

co

rdance with

the sa

mpling frequenci es

es

tablished by the

spec ial provis ions s

pec

ifications. supplemental spec ifications and the SCOOT

Construction

Ma

nual. All

PDT

staff assi

gned

to this task

mu

st possess a

curr

ent

SCOOT ce

rtification in Ea1th

wo

rk.

5.

The

PDT

shall perform

In

spec

tion

Te

sting and Monitor

in

g

of

the

Qualit

y

As

surance Program for a

ll

Hot Mix As

phalt

Activities.

The PDT

shall prov

id

e a

ll

necessary

per

s

onne

l and

equ

i

pment t

perfo rm

QC

and QA inspections

sampling and on-s ite testing of Hot Mix Asphalt construction on the Proj ect. This

inc lud

es contracto

r

s

adh

ere

n

ce

with the

SCDOT s

Suppl

ement

a l Technical

Specification

for

Hot Mix Asp halt Quality

As

surance

SCOOT De

s ignation:

SC-M-400.

Th is

ta

sk m

ay

include the placement

of

Asphalt Ba

se

Binder Sur face

and Friction Co urses

and

any other related

ac

ti vities. Testing re

qu

irements

inc ludes p

erfo

rm ing rate

ca

l

cu

lations che

ck in

g mi x and mat te

mperat

ures

m

on

itoring the work manship

of

the pavi ng cr

ew

directing

any corrective action

deemed n

ecess

ary

taking

ro

adwa

y

sa

mpl

es

when needed

mon

itoring the

compaction

ac

tivit

ie

s

of

the contrac t

or

monitoring and performi ng c

omp

action

tests

of

as

phalt

r

ev

iew

in

g

the

traffic

co

ntrol operations associat

ed

with this

ac

ti vi ty l

ogg

ing a ll

sa

mples into th e project sampl e l

og,

tracki

ng

test r

es

ults

takin

g check s

ampl

es as needed a

ddr

essing fai li

ng sa

mples by arranging and

38



assisting in alternate testing

of

materials

through the

S DOT

l

ab,

and

a

ll

other

in

spectio

n duties

as

described

in the S DOT

Construction

Manual

and

the

Technica

l Specifications latest edition.

The PDT

shall monitor

contracto

r s

compliance

with the

contractor s approved QC

plan for asphalt and

sha

ll

provide

suffici

ent

staff to monitor all these activities independently and

conduct samp

ling

and testing

of

materials

in

accordance

with

the sampling frequencies

establis

h

ed

by

the

specia

l provisions specifications

supplemental specifications

supplementa

l technical specifications and the

S DOT

Construction Manual. All

PDT

staff assigned to this task

must

possess a

current S DOT

certification

as

l-IMA

Roadwa

y Technician.

6.

The PDT

sha

ll

perform Quality

Acceptance

In

spection and

Testing

for all

other

construction activities

associated

with the Project and n

ot

specifical ly

mentioned above. The

PDT

shall provide all necessary

per

sonnel and

equipment to

perform a

ll

n

ecessary Quality Acceptance

inspection

monit

oring

sampling

and

on-site testing

of

incid

enta

l

cons

truct ion activities

and

items

including but n

ot

limited to installation

of

structural steel

or

pre-str

essed

g irders traffic signal

in

stallation

pavement

markings guardrail

in

stallation

seed

ing

and erosion control

mea

sures traffic

contro

l items Mechanical ly

Stab

ili

zed

Earth Retaining Wall

sys

tems welds

and

clearing and grubbing.

Thi

s

also

includ

es

l

ogg

ing a ll samples into

the

proj ect

sa

mpl e log

tracking

test results

taking

check

sa

mple

s

as

needed

address

ing failing samples by

arranging

and

assisting

in

alt

ernate

testing

of

materials through

the S OOT

lab and al l

ot

h

er

in

spection

dutie

s

as de

scribed

in the

S DOT Construction

Manua

l

and

Standard

Specifications

latest

edit

ion. The

PDT

shall provide suffi ci

en

t s

taff

to monitor all

the

se

activit i

es

independentl y and to

sa

mple

and test material s

in accordance

with

the

sa

mpling frequencies establish

ed

by the special provis ions spec ifications

supplemental specifications and the

S DOT

Co

nstruction Manual.

7 The

PDT

shal l maintain field not

es

and compile Site

Manager

Daily

Work

Reports

(DWR).

The

PDT

sha

ll

mai

ntain

sufficient field notes and

ge

nerate

daily

work

reports within

SiteManager

for a

ll

activities assigned to the

PDT on

a

daily basis. These

DWRs and fi

eld notes should be

of

suffi cient detail to

provi

de

S DOT

the ab

ility to r

eco

nstruct

any

or

a

ll

activities

of

the project at a

future

dat

e

if de

sir

ed

. Field notes should be prepared in

conformance

with the

current editions

of

the

S OOT Construction Man

ual Standard Drawings and

39



specifi cations.

8.

The

P T

shall perform oth

er

a

ssoc

i

ated

duti

es

typically

ass

ign

ed

to Project

In

spec

tors. T he

P T

shall

pro

vi

de

suffi

cie

nt st

aff

and

eq

ui

pmen

t to complete

gene

ral project duties not

desc ri

bed el

sew

here.

These ta

sks

may

include del i

vering

sa

mpl es, such

as

rebar

and

co

ncrete

cy

lin

der

s to the Office

of

Materials and

Re

searc

h L

ab

,

de li

vering

or

picki

ng

up r

evised

plan sheet

s,

project

document

s

etc, fr

om

S DOT HQ or Distri

ct

Office, performi

ng

routine but lim it

ed

QA

ver ification survey

in

g, est

ab li

sh

constructio

n

li

mits, proposed grades, etc. for

property

owne

rs, utilities, etc.,

an

d

compi

lat ion

of

data and r

ecords

necessa1y

to

produce fi nal plans,

sa

tisfy

the

S OOT Business Plan, facilitate requests from

outside

parti

es, or

to support decisions

made

in the

fi

e ld . The P T

ma

y

be

asked to

meet

with contractor s

r

epresen

tatives ,

ounty

Personnel,

S OOT

personnel ,

local interested parties, etc. to provide informat ion or assistance .

9.

The

PDT

shall furnish a

ll

n

ecessary

equipment, inc luding

ce ll

phones

, laptop

c

omput

er

s,

vehicles, and spec ia li

zed

t

es

ting

eq

uipment

to

fulfill their

m

anagemen

t, administ ration, t

est

ing,

sa mp li

ng, and inspection r

espo

nsibilities.

This

equ

ipment wi ll include, but not limited

to

, nuclear

de

nsity

gauge

and related

su

pp

lies

(procto

r mold, moisture t

este

r, etc.),

co

n

crete

air

me

ter s), s

lump

cones,

infrar

ed th

e

rmometer

, paint thickn

ess ga

uge, surveying equi

pment

,

and

any

other

equipment

as

req

uir

ed by for proj ects.

· 10 VerificationS

urvey

T he

P T

shall provide

su

rvey cr

ews and

survey equip

ment

to

independently

co

nfirm layouts and

geo

metry at key l

ocat

i

ons

throughout the pr

oject

co

nstruction. The survey cr

ew

will init ially

ensu

re that

the

project

co

ntro l

points

are cor

r

ec

t and will

monitor

all primary control points periodically

throughout the projec t du ration

to

verify that th

ey

have not been disturbed.

Verification

surveys

should

be pe

r form

ed

at l

east

at the min imum frequency

as

li

st

ed

in the

S OOT

Constructi

on

Manual, latest

ed

ition.

Substructure e lements to be c

hecked

shall i

nc

lude but are not

li

mited to:

a. Drill

ed

shaft plan l

oca

ti

ons

and cut

off

elevations

40



b.

Pi

le group layout benchmarks

c. Footing pl an locations and elevation s

d.

Pi

er plan location

s

elevations and

ve

rticality

e. Pile cap/Pier cap elevations

f Bearing seat elevations

g.

Embedded items

Superstructure elements to be checked shall include but are not limited to:

a. Girder placement plan a

nd

elevation

b. Deck elevations and profiles

c. Approach slab plan and elevation

d. Parapet wall plan and elevation

D. The PDT shall coordinate and mainta in al I construction phase correspondence construction

documentation field reviews progress meetings and final inspection s with the County and for

SCDOT

for projects on

th ei

r network.

E.

The

PDT

sha

ll

track fina l punch

li

st

it

ems identified in final inspections a

nd

manage the

contractor

in

completing those items.

F. The

PDT

shall provide monthly project status updates for a

ll

projects

in

their construct ion phase

o

work. This shall include initial versus current schedule initial contract versus current contract

amount and any other item agreed upon between the PDT and County

G. The PDT

in

conjunction with the County shall conduct va

lu

e eng

in

eering reviews o

individual project

s.

H. The PDT shall coordinate utili ty re

lo

cations on a ll projects. This coordination shall includ e a

pre

limi

nary a

nd

fina l utility relocation repo

rt

which the

PDT

sha

ll

provide

to th

e

County

These

repo rts should identify utiliti es within proposed project footprints ascertain prior right

s

and assist

in dete

rm in

ing the bes t

fit

fo r designs to mini

mi

ze imp ac ts fo r utilities the Co

u

y would be tasked

with fund ing reloca

ti

ons.

I The PDT sha

ll

implement a procedure and process

fo

r notification to property owners imp act

ed

by

construction projects. This procedure and process sh

al

l be reviewed a

nd

approved by

th

e

County

J. The PDT shall review contractor a

nd

subcontractor

in

v

oi

ces a

nd

verify work

ha

s been

41



completed. Once reviews are complete the

PDT

sh

al

l recommend payment to the

Co ty

fo r these

invoices.

K

The

PDT

may

be

tasked with review and approval

of

shop drawings su

bm

itted by Contractors

during construction

of in

dividual projects.

L

The

PDT

sha ll produce a standard project checklist

for

construction

re

lated tasks to help manage

tasks and

contractor prog

re

ss during construct

ion

.

Task VII Pavement Management

The

P T

sh

al

l

im

plement a paveme

nt

management program fo r the

County

for its current network

of 522

paved roads. This program shall access th e co

nd

ition of the ex isting

ne

twork make recommendations

fo

r

annual resurfac

in

g

li

sts and produce a best prac

ti

ces methodology for maintaining the overa

ll

system.

PDT

will :

Fu rni

sh a

nd

provide

veh

i

cu

lar pavement condition rating

in

gene

ral

accordance with AASHTO

6433-03.

Inventory a

ll

paved roads on order

of

522

mi

les. Provide data conversion.

Eva

lu

ate data /asset pavement manageme

nt

a

nd

recommend software for purchase a

nd

licensing

by County.

In

clude roads ide asset acquis

iti

o

n

Build PMS not a sampling program.

Acquire data via ASTM E-950 Class I compli a t equipment from vendor such as ICC

Cybernetics.

Task VIII Additional Design Services

A

The PDT sha

ll

design and prepare plans

fo

r those Sidewalk projects not requiring drainage design.

Assume 25 S

id

ewalk projects.

8

The PDT sha

ll

design and prepare plans for 74 Bikeways

proj

ects.

C. The PDT shall design and prepare plans for 30 Intersection projects

in

cl

ud

ed in the 2012

Bi

ke

/Pedestrian/Greenway Projects I s

t

D The PDT shall prepare F

in

al Construction

Pl

ans for the Southeast Richland Neighborhood P

roj

ect

The PDT sha ll prepare design cr

it

eria for a

ll

other Neighborhood Improvement Projects.

E The PDT shall provide a ll services requi red for the Resurfacing Program

42



F.

The PDT shall prepare 30 complete plans

for

Williams Street and Shop

Road

from Longwood

Road

to

Garners Ferry

Ro

ad.

G. The PDT shall develop design criteria, ide

nti

fy additional fundi ng, and prepare maintenance

agreements for Greenway projects (excluding 3

Riv

ers Greenway and Lincoln Tunnel

.

43



Oth

er Services

may

be added at the di

sc

retion

of

the County for which the

PDT

will be equitably

co

mp

en

sa

ted.

If

the

County

and the

PDT

do

not

ag

ree then the

County

may i

ss

ue a

Co

nstruction

Chan

ge

Dir

ec

tive for

d

ditiona l

Se

rvi

ce

s to the

POT

for such

Se

rvices.

End

of

Exhibit B.

Initials of Pa

rti

es:

or Richland County:

~ l

or Richland PDT A Joint Venture:

B

Kahn Construction Co.

In

c.

s

'ii5

o he Joint Venture

ICA

En

g

in

eering Inc .

s a me

mb

er

o f

the Joint Venture

Brown one Construction Gro

up

LL

C

s

a me

mb

er

o

he Joint nture

44



EXHIBITC

To The

Program Management greement

Richland

County



Type location

Intersection Broad Rd

and

Bush RJW:r Rd

In

te

rsection Huger St

and

Gervaus St

lntersectton Elmwood Ave and Park St

Intersection Main St a nd Elmwood Ave

lnli 'rseoc

t1o n Elmwood

Avt

and Bull

St

I

nt

ersection Two

Nocch Rd

and Alpine Rd

lnter5ett ion Two

Nocch

Rd

M a i ~ a t e

Ot"/Windscw L ~ k e Blvd

lnterwxtion

Two

Notch Rd

<tnd

Bnckyard

Rd

lnterSKt.on Two Notch

Rd

and p a r i c ~ r r y Ln

lntersethon Blossom St

and

Saluda Ave

Intersection Devine St and HardenSt/Santee Ave

ln

t

enec

t ion Two

Notch

Rd

' d

Oecker

Blvd/

P

arklaoe

Rd

Inte r

sec

tion Hucer St and 81ouom St

Intersection

H

u t t

St

and Greene

St

Intersection

Huger

St

and

lady St

Intersecti

on A

sse

mbly St

and

Gervais St

Intersection

Assembly

St and W

ash

ington St

lntersecuon

Assembly St and

laurel

St

Intersection

Assembly

St

a

nd Calhoun St

Intersection Main St and Blanchn1 St

lntenec:tion Main

St and laurel

St

lntene«ion

Ma

in St and Calhoun St

lntttsectton Rosewood Or and

Ma

rt0n St

Intersection Rosewood Or and P1dcens St

Intersection Rosewood Dr and Harden St

I

nt

ersection Rosewood

Dr

ind

Holly

St

Intersection Ro

$e

wood Dr and Ott Rd

lnter<>ect1on

Rosewood

Dr

a

nd

l<itb

ou

r

ne Rd

lntl 'rse ction Rosewood Dr and Bel tl1ne Blvd

lnt ers.ect 1on Harden St

and

Gerv;i15 St

Intersection

Garners

Fertyand

At las

Road (1)

lna:erstthon Gamers Ferry

Rd

and Hatlbrook

Or/

PmeV1ew Rd 2)

e r ~ 1 n

Two Notch Rd and

Polo

Ftd 13

Intersection P

ok> Rd and

a l ~ t Hill Rd (4)

Inte rsecti

on

Auembfy St and Greene St IS)

l n t

r s e c t ~ o n

Anembl'(

St

and Pendle

ton

St (6)

Greenways Crane Creek

Greenways Crane CrHk

G

rcen

ways Cra

l\C

Creek

Greenways

Gills Creek A

Grttnways

Gills

Crtek

8

Greenways Smith/Rocky Branch

Grttnways Smit h/Rocky Branch

Gteenways Smti h/Rocky Bt-..nch

Greenwaiys ThrH Rivers Greenway Extension•

GreenWillys

Lincoln

f

unnel

Gr

een

w

ay

Greenways Dutd'lman

8tvd Connector

Greenways Columbia

M

al

Gre

e

nway

Greenwa vs

P

olo

/W indSOf lake

Cont'le<tor

G

re

enways Gills Creek

No nh Gr

eenwav

Grcenw

ays

Woodb

vrv

/O

d L

ees

burg

Connect

or

Si

dewa

lk

Ane mbl y St

Sidewalk dc mson Rd

Side

wa

lk Colonial Dr

SKlewalk Columbtana Dr

Sidewalk Bto.ad River Rd

s.dew•lk

Bkmom

St

s.dewitlk

Gerva

is St

Sidewalk Alpine

Rd

Sidewa lk BlytMwooc:I Rd

Sidewalk Broad Rver Rd

Sidew<tlk Superior

St

Sid ewalk Le1nburg

Rd

Sidewalk Two

Notch Rd

Sidewalk Gervais St

Sidew

alk

Huter St

Sidewalk Broad R

1V9r

Rd

Side

wa lk Part St

Sidew<1lk

Polo Rd

Sidewalk

aemson Rd

Sidewalk Bratton

SI

Sidewalk

C&lhoon St

Sidewalk

f ranklin SI

S

de

w

<il

k fort

Jackson Btvd

Sidewa lk Grand St

Sidewalk Jefferson SI

Sidewalk Laurel St

Sidewalk llnt'OtnSt

Sidewatk. l yon St

Sid

eWillk ~ n o 1 a S

Sidewalk

Maplt

Sidewalk Mildred A lt

Sidewalk Royuer

St

Sidewalk S c h ~ House Rd

Sidewalk Senat e

St

Sidew,.lk Shandon St

Sidewa

lk

Tryon St

2012 Bike Pedestrian Greenwav Projects

Highway Name 1

Wha ley St

Lonctown

Rd

Harden St

Lu1ngton

County Une

Greystone BNd

w 1 • ~ s s

450' of Gist St

Two Notch Rd

1-77

Harb

ison Blvd

WhaleySt

Garn e

rs fe rry

Rd

A

pine

Rd

Gist St

Blossom

St

1 26

G e r v ~ S t

M • l let

H1U

Rd

Two

Nocch Rd

KircSt

G a d ~ e n

St:

Sum

te r St

Wildcat

Rd

Sk

ea

lv

St

Sumter St

GtwtsdenSt

Heyward

St

Gervais

St

Two Notch Rd

Kirby

St

We

stwoodAYe

Mitchell St

Two

Nocch

Rd

Gladde

n St

Wilmot

t

Catawba St

Hichway Name 2

Beltlinc Blvd

Two Notch Rd

Academy St

l ake Murrav Blvd

River Bt1dce

Huser

St

GtstSt

Percrval Rd

Ma

i n St

Bus,h

R

iver Rd

A

irpor

t

Bl

vd

Semmes

Rd

SJ fars Creek Ch

urc.h

Rd

Huser

St

Gtf'\l;)ISSt

HatbtsonBlvd

Senate St

Alpine Rd

Percwal

Rd

Maple St

Wayne St

Bull St

177

Hyd rick

St

Bull St

P u l a ~ 1 S 1

Wha eySt

Wash1ng1onSt

Pinehurst Rd

Gen1a1

s St

Duke

Ave

Super1orSt

Ervin SI

Kings SI

Wh

ea t St

Heyward St

Cost

S94,S36

594,536

594,536

$94,536

$94,536

$94,536

S94,S36

594,536

S94,S36

S94,S36

$94.536

$94,536

S94,S36

$94,536

S94,S36

$94 ,536

$94,536

594,536

$94,536

594,536

$94,536

594,536

594,536

S94,S36

S94,S36

594,536

$94,536

594,536

$94,536

$94,536

so

so

so

so

so

so

$1,S4l ,816

$460,

l lS

$793,908

2,246,160

S2,78S,897

$431,183

51,41S,3l6

$901,122

$7,902,242

S892,739

SlOS,196

S648,4S6

S38S,S4S

$3

44

,667

Sl16.217

Sl,920.257

$46 5,696

$1,012,704

S486,272

S109,367

S41,S64

$8,638

S4S2,07S

$191,601

$2,408,361

$778,852

547$,200

$2.703,507

$

84

,lOO

5256

861

52.499,420

S170,S70

5403 4U

5564,728

$186,602

591,106

$785.585

$343,543

$714,622

$381,242

$359,066

5198,475

Sl94,410

S828,458

$132,502

SlSl

,536

S9S,3S7

$482,882

5476,230

$179,071

S3S4,446



i d ~ WayneSt

Sldew,1tk W ~ d w o o d Ave

S1drw,1lk

Wi ley

St

Sidewalk Windover SC

Sidewalk

Shandon

St

Sidewalk L

owe

r Richland elvd

Sidewalk Harrison Road

Sidewalk

Koon

Sidewalk Pelham

Sidewalk Pinehurst

s d ~ k

Prosp

ect

Sidew• Sunset

S i d ~ l k Veterans

Sidewalk Veterarn.

Sidewalk

PN

Clval Ro.let

Stdewalk Polo Rd

{7)

Sidewalk Blyff Rd

8)

Sidewalk Atlas Rd

{91

Sidewalk Br

oad

River Rd (lOJ

Sidewalk Broad River

Rd

( l lJ

B1keways Broad

River

Rd

Bikeways Harden St

Bikeways

Senate

St

Bikewm TrenholmRd

Btkeways Two

Notch

Rd

8ik-;aiys H.amptonSt

Bikeways P ~ d t e t o n

St

Bikeways Pick

ens

St/Washington St/Wayne St

B1keways S1JmterSt

Bike

w;aiys

B

el

tline Blvd/Oev1nc St

Bikeways Beltltnc Blvd

Bikeways Beltline Blvd/Colon

ia

l

Dr/Farrow

Rd

B1keways CatawbaSt/Tryon St/Whaley St,NJiJliams St

Bikew

;aiyi Bonham

Rd/'DtYt'reaux Rd/Hea1hwood Gr/Kilbourne Rd/RICkenNker Rd

/Sweetbriar Rd

Bikeways

C h e s t ~

Sl.JElmwood Ave/WaYM St

Bikeways

Clement

Rd/D

uke

Ave/River

Or

Bikeways Coflet:e

St/laurem

t 0 ~ St/Taylor St

B1keways £d1efleld SI/Pa

rt

St

Bikeways Gervais St/Gladdef'l St/Hagood

Av

e

/Page

St/Senate St/Trenholm

Rd/Webster

St

Bikewavs Heyward St/Marion St/SuperK>r St

Bikeways

Sumter

St

Bikeways H1Jgc r St/L• dv St/Po11rkSt

Bi

kew

ays Lincoln

St

Bikeways Ott Rd

Bilc:eways Saluda

Aw

8ikew;aiys Wheat St

Bikeways 'NM:at

St

Bikeways B J o ~ S t

B l k e w ~ Gefvais St

B1keways Assembly

St

Bikcw;aivs Beltline 8 -'d

Bikeways Broad

River

Rd

Bikewavs Broad River Rd

Bfkeways C

alhou

n St

Bikeways Decker Blvd/Parldanc Rd{Two Notch Rd

B1keways F

ort

~ k s o n 81\ld

B1keways GarM:rs Fury Rd

Bikeways Gervais St

Bikeways

Greene St

Bikeways •

nSt

8ikeways

One

il

Ct

Bikeways R

° 'ewood Of

Bikew

ays

Cotoniat Of

Bikeways Holt Or/SuperiorSt

Bikeways Leesbura Rd

Blkcways

Gervais

St

B1k

eways Hu1er St

S.k

eways Shop

Rd

Bikeways Blo»c>m St

Bikeways BuU St

B1keways

Main St

81keways Elmwood Aw

81kewayi Main St

Bikewayi Outchman Blvd

Bik

ewavs Columbiana

Or

Sikeways Broad Ri

ver

Rd/l.ake Murray

Blvd

B keways Blythe wood Rd

81k

ew

ays Clemson Rd

Bikeways

CIC?-mson

Rd

Bikeways

Alpine:

Rd

81keways Polo Rd

&lteways Clemson Rd

&kc-ways Two Notch Rd

M e w ~ Ptckens St

Blkeway,. Cotlcge St

81keways m b l y St

Bikeways

Greene

St

Bikeways

81Jll St/Hendenon

St/Rice St

Bikeways Greene St

CMhounSt

MonticdoRd

SupenorSt

Two Notch Rd

Rosewood Or

R1bb1t Run Rd

Harrison Rd

Mt1linda Road

Gills Creek Parkway

Hamson Roid

Wilmot Avrnue

flmhun.t Road

Garnen

F

erry

Road

Cc>Ktvn;iiker

Roid

Forest Dr

Two Notch Rd

Rosewood

Dr

Fountain Lake Way

Royal Tower Rd

tAke Murr;aiyBlvd

Greystone Blvd

Devine:

St

Sumter St

Sou

th of

Dent Middle

Schoot

Selthne Blvd

P I C k : ~ s S t

l.incofnSt

H ~ p t o n

St

(westl

Wa$hmgton St

RoW?wood Or

For

es

t Dr

Hard

en

St

Church St

Blossom St

H ~ p t o n S t

MatnSt

Greene St

~ l k o u n

Mi llwood

Aw

W h ~ e y S t

Blossom St

Gervais St (east)

Blossom

St

Jim Hamilton Blvd

Wheat St

Sumter St

Harden St

W1lllamsSt

4SO'wes.tofGist St

Blossom

t

Rosewood

Of

Bu

sh R ver Rd

Harbi

so

n Blvd

Wayne St

Two Notch Rd

Devine St

Ro se

wood

Or

Part

St

Assembly

St

Pendl

eton

St

Oeder

Blvd

Bluff Rd

Bull St

Wiley St

Garners Ferry Rd

Gist

St

Blo

sso

m St

8ehhne

61\ld

Assembly St

£1mwoodAve

OmwoodAve

Wa

yMSt

Calhoun St

Broad River Rd

l.oake

Murray Blvd

126

Winnsboro Rd

lonetown

Rd

summ

it Pky

Two Notch Rd

Two

Notch Rd

Brook Holl°"" Dr

Alpine Rd

Washtngton St

Lincoln St

Blossom St

Assembly St

Whea

t St

Bull St

laurel St

Rid1cwoodAve

Edisto Ave

B t l ~ d

Heyward St

Garners

Ferry Rd

Harrison Rd

Farmv1ewStree t

Garners Ferry Road

ForeitDrive

,

.

R1ver Dfwe

We><mwood Dnve

o a t s d a l e R ~ d

Decker

Blvd

Miiiet Hill Rd

Beltline Blvd

Garne rs F

erry

Rd

Woodrow St

We

sternl.n

Broad

Rive

t Bridge

Ro

se 'NOOd Dr

Laurens

St

Dede.et Btvd

Par1dane Rd

Harden

St

M

anon St

Hampton

St

(east)

Sena te St

Chilt

eau

Dr

Valley Rd

Academy

St

8/onomSt

Fort Ja,kSM Blvd

Park St

Monticello Rd

E

mwood

Ave

River Or

eeltline

Blvd

Wiley St

Wheat St

Ge rvalsSt

(west)

Lady St

Bloss

om

St

Greene St

Assembly St

Kine

St

H

ug

er

St

Gist St

Rosewood Or

DevlneSt

Greystone Blvd

81Jsh River

Rd

Harden St

Percival Rd

Newetl

Rd

True St

t w o o d ~

350' west

of

lancofnSI

WhateySt

Parldane Rd

Garoors Fury Rd

Sl1ghsA11t

AirpOl t

Blvd

Se

mme

s Rd

Huge r St

Gervais St

Pineview Or

Sumter St

V1ctona St

Sunse t Dr

P

ropose

d

Gteenway

Connector

Elmwood Ave

Lak

e M1Jrray Blvd

l.eitintton CountyLme

Harbison Blvd

M.linSt

B r o o ~ Hollow Or

Percival Rd

Puc.val Rd

640'

south of

Ma

llet

Hill

Rd

SumtNt pty

$0t¥S tttk

Church Rd

Rosewood

Dr

Sumter

St

Rosewood

Or

Bu ll St

Heyw

ard St

Saluda Ave

$366,828

$264,449

$280,896

S187,942

$268,514

$260,077

5600,000

$92,891

$346

,774

Sl,

649

,672

$1.l7,

938

S364,m

S171,602

$4S,915

$700,

000

so

so

so

so

so

$320

811

$696,821

$462,572

$123,

919

Sl

,435.039

$31

,

699

$31,680

$68, 91

$19,306

S24,1S8

$1,101

$6,6 6

SS.S47

$21.691

$12

,

094

S30 427

$16,331

$16

,464

$22 .91

$9 .748

$276,972

$7 ,295

$487,lOS

$17,872

Sl .934

$1 3,

189

S4.

3Sl

$4L564

$17,276

$27,986

S2S,S47

$37,908

$321.llS

SBS,292

$129,698

$84,224

$66,826

$91,378

$19,

338

49.814

$85,675

$211, 179

S39S,430

$453,594

$63, 60

$84,100

$256,861

$657,212

$86,381

$20 218

$75,646

Sl

.3

93

Sl

,025

S115,138

$711,199

$14,282

$402.526

Sl,099,106

Sl,641,468

Sl,S36,100

$1,07S,853

$116,48 1

$360,804

Sl ,

179

744

$280,735

S689,224

$273,278

SS .991

$ 59.251



81keways Catawba St

SomterSt

LmcolnSt S2S0,14S

81kewiys

Blossom St

Huger

St

AssembfySt

S2,619,3H

81kewillys

Whaley St

L1nc;olnSt Pick.ens St

$438,198

8 l t ~ • y s W h ~ e y S t

l.JncolnSt

Church

St $147

587

&kewavs

Ct•• Rd

Har

rtson

Rd Covenillnt Rd

$6,684

Bikewavs

Shop

Rd (12)

~ ~ R o c e ~ B l Y d

NorthwillyRd

so

Bikeways

BfuffRdCB)

Sere.Rd

~ t l ~ I Y d

s

81keways Shop

Rd

(14)

Northw•yRd Beltline

Btvd

s

81keways 8"'ffRd(1S)

11.MeWood

Or-

Berea Rd

so

81kewavs

Wiison

6lvd (16)

Farrow Rd

so

81kew

ays

Broad River Rd 17)

Woodrow St 1-26(E iut97)

so

81kewillys H;..-dscrillbb4e Rd 118) hrrowRd

lee Rd

so

&kewillys H llrdscrillbble Rd

{19)

Lee Rd

lake Carolina Blvd

so

Bikeways Pineview Rd

(20)

Bluff Rd Garnt r , fe

rryRd

0

B1kewavs

Atlas Rd (21)

Bluff Rd

Garners ~ r y

Rd

0

B1kcw

ays

Broad River Rd

22)

Royal

Tower

Rd

Woodrow St 0

i ' ( S

Broad Riv 'r Rd (23)

La

ke Murray Blvd

W

cs

1cm Ln

0

Bikeways D

utc

h Fork Rd i24)

Broad River Rd

~ a u c h

M

cu

so

Total Bike Ped Strlan Greenway Projects $72,742,004

N

otes

(1) WiH be

comple

ted as part

of

the Atlas Road Wide111ng P

roject.

(2) WiU

b

completed

as

part

of

Road

Widening Project

(3) Will be comp'cted as part of Polo Road

Widen

ing Project

4J Will be

completed illS part

of PoloR

oad Widening

Pro1ect

IS) Will bt

funded

by City and USC

{6)

Will be funded

by

City

and

USC

(7) Will be completed ;u

of Pok>

Road Wideninc

PrOiect

8) W1Q

be

completed

as

p;1rt of Bluff

Road

Widening Project

9) W1• be

completed as

part of

Atlas Road Widening

Pro;ect:

I10) Will be c ~ t e d

~ p a r t

of

US 176

Wide n

ing Protect

l l)Will be

completed

MpartofUS

176WidMtn& Project

(

12)

Will

be

completed

as partof Shop

Road

Wodenine Pro,ec:t

l l ) W

ilt

be

C O f ' n l ) ~ t e d

M part of Bluff

Rooid

Widening ProjKt

(14)

Will

be

completd as

pan

of Stw>p

Road

WidtnmgProtect

(lS) Witl be

completed

as part of Bluff

Road

Wid

ernng Project

(16) Will

be

completed as pan

of

Wilson 81\ld. i m p r o ~ e n t s

(17) Wi ll be

completed as

part of

US

176W1deni '\g P

roject

(18) Will

be

completed

as

part

of

Hardscrab ble Widening Project

(19) Wll l be

completed as

part of H

ardscrabble

Widening P

roject

{20)

Will

be comple ted as pil rt

of

Pineview Wide ning Project

211 W

il

l be comple ted

as

par t of Atlas RO<ld Wid ening Project

22

) Will be

comple ed as part

o f

176

Wi

dening Pro

ject

(23) W ill be comple1ed

as

part of 1

76

Widening Project

(24 ) Will be completed as part

of

Dutch F

ork

Road

Wi

dening Project. (This wid

11nmg

pro}eet

Is

not currently fot"lded in t he Roadway pro1ects

li

st. )

4

This amount is to include costs

s s o c i a t e d

with

the

follow ing Three Rivers Greenway

projecu

; West Columbia throogh

loca

l

pt.Jbl

ic aaency apartment North side

of

Elmwood

Avenue

connec

tion

t o Three

Riv

ers

Greenwaywithou1hav i"M to crou Elmwood Avent.Je

or

Huger Str@et. West Columbia throu1h •oul public

agenc

y

agr

eement; links Gervais

Street

a

ccess pomt

to

Granby

Park; W

es

t Columbia dvouch ocal public

ag1ncy

agrument;

u d a River Walk pro1ect

Othef:

Tow

n of

Blythewood

o

provtde

nput

on ts pro;ects

.

Completed prOJ«U

•

l n t ~ s e c t o n

Protctu: Millwood at"ld Gervais. Toiylor and

Ma

in.

Garners

ferry and

Woodland.

Fort Jacks.on Btvd.

and Belthne

; Sidewalk

Projects: Bra.Mt Rrver Road Bridge; Bik e Lanes: Brnad Rrver 6ndge. Emphasis o be Paced on local

small minonty

firms. A proceu

1s

to be

developed

10 ensure part1C1P'hon

by

thtse

firms

. A

partnership

w

ith

DOT is re-commended. The type and level

of

a r t n e ~ h p •s TSO. An in-house

Trinsportat10n

Olrec:

tor

was p p r ~ The

1e<ommendation

to ptocure outs.Ide Prosram /

Protect

Management f1rm(s) was

approved

An

owrs

i1ht

;iccountabitity / • watchdo< commtittee

was

approved

Membersh

ip / duties of

this Committee

TBO



2012 Roadway Projects

Type

Widening

Widening

Widening

Widening

Widen ing

W idening

Widening

Widening

Widen

ing

Widening

Widening

Widening

Widen

ing

Wi

dening

Specia l

Special

Speci

al

Speci

al

Project Name

Pi

neview

Rd

Atlas Rd

Cle

mson Rd

Hard

sc

r abble Rd

Blyt

hewood Rd

Lower Richland Blvd

Broad River Rd

Shop Rd

Polo Rd

Bluff

Rd

Blythewood Rd

Spear s Creek Church Rd

North Main St

reet

(Phases IA2

&

Ill;

II

& IV)

Leesburg

Road

Shop Road

E>Ctens

ion

Kelly Mill

Rd

.

••

lnnov1st a T

ransport

at ion-Rel

ated

Projects • • •

Rverbanks Zoo Transportation-Relat ed Projec1s • • • •

Special Neighborhood Improvement Transportatton Projects

Special Commerce Onve Improvement s

Special Assembly S

tr

eet RR Grade

Separation

Intersection Summit Pkwy and

Summit

Ri

dge Rd

,

Intersection Clemson

Rd

. and

Rh

ame

Rd./Non

h Springs

Rd

.

Intersect ion Farrow Rd . and Psgah Church Rd.

lnter iect io n Wilson Blvd. and Pisgah Church

Rd

.

Int ersect ion N

orth Ma

in St. and Mo nt ice llo

Rd

.

In

t ersecti

on

Broa d R

ver

Rd

. and Rushmore

Rd

.

Intersection Wilson Blvd. and Killian

Rd

Intersection Garners Ferry Rd . and Harmon

Rd

.

Intersection Clemson

Rd

.

itn

d Sparkleberry

ln.

(to M allet Hill

Rd

.)

Intersection North Springs

Rd

. and Rsdon

Way

Intersect

ion Hardsc rabble Rd. and

Ke

lty

M

ill

Rd

./R1mer Pond

Rd

.

Interse

ction

Bull St . and Elmwood Ave.

Inters

ec t

ion Screaming Eagle Rd. and

Pe

rcival

Rd

.

In

ter section

Kennerly

Rd

. and Coogler

Rd./

Steepte R

dge Rd

Intersection North Springs

Rd.

and Harrington

Rd

.

Interchange

120

/ Broad River Rd.• ' - • •

Program Local

Resurfaci

ng Progr

am

P

rogram

D

ir

t Road

Pa

ving P

rogram

Program Access

Managemen

t & Comp lete Streets Initiatives

Program

Co

unty·Wi

de

Corridor Improvement Plan

Program Coun

ty

-Wide Thoroughfare Plan

P

rogram

County-Wlde HOV Lane Study

Progra m

Int

ellige nt Transponat ion System

B

eg in

Location

Bluff Rd

Bluff Rd

Old Clemson Rd

Farrow

Road

Syrup Mill

Rd

Rabbi t Ru n

Rd

Royal Tower Rd

1-77

Mallet Hill

Rd

1-77

Winn sboro

Rd

Two

Not

ch

Rd

Antho

ny Avenue

Fa

irmo

nt

Rd

na

na

County wide

Royst

er

Street

Summit Pkwy

C@mson

Rd

.

Farrow Rd .

Wilson Blvd.

North

Main

St.

Broad R

ver Rd

.

Wilson Blvd

Garners Ferry Rd.

Clem son

Rd

.

N

orth Sp

rin1s

Rd.

Hardscrabble

Rd

.

Bull St

Screaming Eagle

Rd

.

Ken

nerty Rd.

N

orth

Springs

Rd

.

1

2

0 / 8toad River

County wide

County wide

C

ou nty

wide

Cou

nty

w ide

County wide

County w ide

County wide

End Location

Garners Ferry

Rd

Garners Ferry

Rd

Sparkleberry Crossing

Rd

Lake Carolina Blvd

1-77

Garners Ferry Rd

1-26 Ex it 97)

George Rogers Blvd

Two Notch

Rd

Rosewood Or

Sy

rup

Mill Rd

Percival

Rd

Ful

l

er

Avenue

Lower Richrand Blvd

na

na

na

Countywide

Jim Ham

i l to

n Bou

lev

ard

Summit Ridge

Rd

.

Rname Rd./North

Sp

rings

Rd

.

Pisgah Church Rd .

Pisgah Church

Rd

.

Monticello Rd.

Ru

sh

more

Rd.

K

illi

an

Rd

.

HarmonRd .

Sparlcleberry Ln.

to

M all Hill Rd.)

R

sdonWay

Kelty

Mill Rd

./R m

er

Pond

Rd

.

Elmwood Ave.

Percival

Rd

Coogler Rd./Ste

ep

e Ridge

Rd

.

Harrin

gt on Rd

.

1

20

Broad Ri

ver

County w ide

County w ide

County wide

County wide

Co

unty wi

de

Co

unty wide

County w ide

Included

n

Projects List: No Costs Associated (Some may

not

involve costs, white others may be included In Admln Costs)

Special

Program

Program

Program

P

rogr

am

Program

Program

Pro gram

Program

Program

Program

Pro

gr

am

Study of

Outer

Belt way

Preservation of Existing Rght+of+

Way

Extensionof Existing Roads

Reservationof Road Connections

Transfer

of

Devel

opment

Ri

ghts

Capita l

Improve

ments Pl

an

Traffic M iti gat ion Plan5

Demand Management

Establish

the

Position of Direct or of Transport

.at

io n

Updat

e

the

County Zoning Ordinance

Encourage Transit Oriented Develop ment

En

couraae

Tra

d1t

1onal Neighborhood Developmen t

na

na na

na

na na

na na

na na

na

na

na

na na

na na

na

na

Total

18,200,000

s 7 600,

000

23,400,000

29,860,800

8,000,000

6

, 100

,000

29,000,000

33,100,000

12

,800,000

16,700,000

S2 1,000,000

26, 600,000

30,000,000

4.

000,000

71,800,000

4,500,000

50,000,000

4,000

,000

63,000,000

5,000,000

so

500,000

3,500,000

3 ,600,000

3,600,000

5,400,000

3,

700,000

2,600,000

S2

,600,000

5,100,000

1,800,000

3,000,000

2

,

000,000

1,000,000

1,900,000

2,000,000

52,500,000

40,000,000

45,000,000

94,536

189

,072

189,0 72

141,804

945 ,360

Total Roadway Projects 656,020,644

Notes:

•shop

Road Extension: Any f

und

s

budgeted

but not

eKpended

for the

Shop Road £Ktension

projec

t shall be used

for

local

road

resurfacing protects and

or

ocal

dirt

road

paving proJeCts.

••This special project Is from

the

inters

ect

ion of Hardscrabble

Road

.and Ke ly Mill Road t o the Lake Carolina Eement ary School along Kel ly M ilt Road. The beginning would

be near Hardscrabble R

oa

d and Ke lly M ill inte rsecti on and end past

the entrance

to the Lake Carolina Elementary Schoo .

••

•

1nno

vista Transportation-Related Pro1ects: The t

op tw

o

tr

an

spor

t ation-related

prioriti

es associated

with

lnnovista are Greene Street

from

Assemblywest to

the

to ·be·

constructed Williams St reet Extension (aka Congaree Ri

ver Pa

rkway). (Furth

er

d

es

cr

ip

t i

on of

projects be

low

.)

(1) Greene Street will conSISt of road improvem ents runnina west from Assembly to the railroad cut (1 ,600 hnear fee t); then the to -be-const ructed Greene Street Bridge over

the

rai lroad cut ; t hen from

the Greene

Street Bndge to Huger Str t (900 linear feet); and then Greene Street from Huger Stree(

to

t

he

to -be-construct ed Williams Stre

t

Extension 300 hnear feet) Also included in this prOJect w ill be pedestrian sid ewalks and bike lanes

the

l

ength

of Greene

Str

eet. signifi

cant

improvements to the intersection

of Greene Street

an

d L

inco

ln Street which,

am

ong other matlers, w1

l

1mprove

the

t raffic flo

ws in

and

around

t

he

Colon ial Ce

nter

; a

nd

a pedestrian

promenade

to be loca

ted

to

the we

st

of

l ie Greene Street Bndge to Huger

Street

and

from

Hug

er

Street to

the

to ·be·

constructed

W

hams S

reet

Extension.

(2)

Wi

lli

am

s Street Ext ensi

on

Congaree R

ver Pa

rkw ay

will

consist

of

a

new

roadway

from

Blossom Street

north to

Gervais

Str

eet consistma

of

2,6

SO

linear feet

as well

as

comple t ing a se

ction

of Senate Stree t from the new

roadway

to

the

west. This project will also enta il

the

r elocat ion of power l ines and gas lines.

•• • *Riverbanks Zoo Tran

spor

tat ion-R

ela ted

Projects:

Improvem

ents wou ld address I

nterstate

126 at Greysto

ne

Boulevard.



• •Any savings from Broad River Road /

1·20

Interchange project will be applied to the Broad River Road Corridor mprovements.

Other: W1d

en1n1

of Ridgewood North

Main

Extension Columbiaport

ion)

from 1x1e Avenue

to

North

Main

Street was removed from

the

projects list,

as

no funding is

required since this project wi ll be funded y

the

City. lntersecHon of ake

Murray

Boulevard and Kmley Road was

remov

ed, as improvements have been completed Town of

Btythe:wood to provide input

on

its projects. Emphasis to

be

placed

on

local

small/ mmonty firms

. A process is to

be

developed to ensure participation

by

these firms. A

partnership with DOT is recommended. The type and level of partnership is TSO . An in-house Transportation Director was approved. The recommendation

to

procure

outside Program Project Management firm s) was approved. An oversight accountabihty / watchdog• committee was approved. Membership dut iesof h is Committee

T



EXHI ITD

To The

Pr

ogram anagement greement

Richland

Cou

nty



ertified

Richland ounty

-

-

The Tolleson Limited omp

Certification No P-

14

-3

1

. Valid UntilJuly 2 2016

NAICS: 541330

· Certified for: Engineering Services

I

Iss





Brownstone Construction Group

Certification No C-

14 105

Valid Until July 2 2016

NAJCS: 236220

Certified for: Commercial

and

Ins

titutional Building

Const

Issu



Campbell Consulting Group

Certification

No.

P-14-308

Valid Until August 1 2016

NAICS:

5

41

820

Issued



The eQuincey

Newman

aw

F

Certification No P 14 306

Valid Until July 2 2016

NAICS: 922130

Certified for: Legal Counsel and P rosecution

Issu





County Administration Building

2020 Hampton Street

P.O. Box

9

2

Columbia, SC 29202

September 22, 2014

Mr

Matt Lifsey, President

OLH Inc.

3 4 Lincoln Street, Suite 303

Columbia,

SC

29201

RE:

OL

Inc.

SLBE

Certification

Dear Lifsey:

Phone: 803) 576-2050

Fax:

803) 576-2137

TDD: 803) 748-4999

Thank you for your interest in th e Richland County Small Local Business Enterprise

S

LBE) program.

Af ter careful review of the

information

related to your application, it is

my

ruling OLH Inc. does meet th e

Small

Lo

ca l Business Enterprise qualifi

ca

tions ba

se

d upon Section 2-639 c)

of

the Richland County Code

of

Ordinances.

,

ss

istant Cou

nty

Administrator

CC: Tony M cDonald, County

Administrator

Larry Sm ith, County Attorney

Justine Jon

es

, Assistant Director of Procurement, SLBE Division



EXHI ITE

o The

Program Mana

g

ement

greement

Richland County



EXHIBI

T

RICHLAND COUNTY SALES TAX TRANSPORTATION PROGRAM

PERSONNEL

RATE SCHEDULE RATES FOR 2014 calculated

at

2 87

OPE)

Position Code Position

I

Hourly Rates

PROGRAM MANAGEMENT

100

Program Manager 233

101

Deputy Program Manager

219

102 Assistant Program Manager 180

103 Program dministrator 173

104

Principal

276

PUBLIC

INFORMATION

200 Public Information Director

200

201

Public Relations Director 121

202 Outreach Lead Strategist

220

203

Outreach Manager 121

204

Web Designer

125

PROCUREMENT

300 Procurement Director

225

301

Procurement Manager

67

302

SWMBE

Manager

108

PROJECT CONTROLS

400

Project Controls Director

178

401 Financial Controls

150

4 2 CPM Scheduler

101

403

TEAMS Coordinator

138

DESIGN

500

Principal rchitect

180

501

Senior rchitect

153

502

rchitect 126

503

Principal

Engineer

180

504

Senior

Engineer

158

sos

Engineer

130

506

Junior Engineer 64

507

Engineering Technician 118

508

Senior Structural Engineer 157

509

Structural

Engineer

121

510

Senior

Traffic

Engineer

118

1



EXHIBIT E

COST ESTIMATING

600

Preconstruction Svcs. Director

174

601

Senior

Estimator

133

602

Estimator

104

603

Quant

ity Surveyor

66

ENVIRONMENTAL

700 Senior Geologist

189

701

Geo logist

128

702

Senior Hydr

ologis

t

151

703

Hydrologist

102

704 Senior Environmentalist

114

705

Senior

Biologist

189

706

Biologist

128

707

Environmental P. E.

180

708

Environmental T

echnician

118

CONSTRUCTION/INSPECTIONS

800

Construction Manager

181

801

Project Manager

144

802

Assistant Project Manager

90

803

Senior Inspector

104

804

Inspector

93

805

Junior Inspector

63

806

Safety Compliance Officer

90

RIGHT-OF-WAY ACQUISITION

900

Right-of-Way Principal

180

901

Right of-Way Man

ag

er

160

902

Right of

-Way Agent/Me

nt

or

60

903

Right-of-Way

Prot

ege

60

904

Project Manager

145

905

Attorn

ey Mentor

200

906

Attorney Protege

200

SURVEY MAPPING

1000

Director

166

1001

Lead Utility Coordinator/Eng. IV

131

1002

Asst.

Utility

CoordinatorlEng. Ill

123

1003

Asst. Utility Coo rdinatorlEng .

117

1004

Te

chnic

al As

si

sta

nt

96

1005

Lead Prof. Land Surveyor

109

1006

Asst. Prof. Land

Surv

eyor

93

100 7

Surveyor Tech Ill

72

1008

Surve

yor

Tech

52

2



EXHIBIT E

1009

Survey CAD Technician I

70

1 1

GIS Specialist

95

ACCOUNTING

1100

ccounting Manager

173

1101

ccountant

94

1102

ccounting Clerk 58

LEGAL

1200

ttorney TBD

1201

Legal ssistant

TBD

SUPPORT STAFF

1300

Contract

dministrato

r 90

1301

Clerical

72

1302 Intern 54

1303

Student Intern

43

Notes:

1. Overtime premium is 1.5 of above rates .

2. Rates are subject

to

annual adjustment per Agreement.

3. Hou rly cost =

Base

Rate x 2.875 (b

ase

d on 2014 wages)

End of Exhibit



X I

ITF

To The

Program

anagement

greement

Richland County



Exhibit F

Reimbursable Expenses and Direct ost

Reimbursable cost shall be invoiced

on

a monthly basis at actual cost to the Contractor. Those

cost to be reimbursed are as follows.

1

The cost

of

the P T office

and

improvements to the building not included in the LNTP,

furnishings, supplies and similar type items. The remainder or unused portion

of

the lease

shall be transferrable to the County upon request.

2. The cost of all equipment such as printers, servers, appliances, computers, docking stations,

digHizer boards, laptops, tablets, software, licenses, IT system administration services, etc.

3. The cost of utilities, regime fees, custodial, telephone, cellular telephones, cellular plans

and internet service for PDT office.

4. The cost

of

document reproductions provided by outside vendors, postage

and

parcel

delivery charges.

5 The cost

of

videography, live streaming, recording equipment and related services as may

be required for Program or Projects.

6 That portion

of

the reasonable expenses

of

the Contractor's personnel incurred while

traveling in discharge

of

duties connected with the Work.

7. Legal, mediation and arbitration costs, including attorneys' fees with prior approval of the

County, other than those arising from disputes between the Owner and Contractor,

reasonably incurred by the Contractor in the performance of the Work.

8. All costs due to emergencies incurred in taking action to prevent threatened damage, injury

or loss in case of an emergency affecting the safety of persons and property.

9 Cost of Pool Vehicles for the both the Contractor and County personnel use. Pool Vehicles

purchased shall become the property of the County at the end of the Agreement or at the

County's request be sold and proceeds from the sale turned over to the County.

f

replacement becomes necessary for pool vehicles the proceeds from the sale of those

vehicles will be applied to the purchase replacement vehicles. The cost to provide fuel,

insurance, taxes, tags and maintenance for the Pool Vehicles.

10. A vehicle allowance

of

1200

per

month for all non-pool vehicles assigned to Contractor

personnel and subcontractor personnel assigned to the Program, provided those positions

and employees are customarily assigned vehicles. This monthly allowance shall be all

inclusive and cover the cost of fuel, insurance, depreciation and maintenance, etc

11

. The IRS approved mileage rate will be reimbursed to those personnel using personal

vehicles in the performance of the Work.

12. Rental charges for temporary facilities, machinery, equipment, rented from the Contractor

or others, and costs

of

transportation, installation, minor repairs and replacements,

dismantling and removal thereof. Equipment rented from the Contractor will be charged at

80% A.E.D. rates.

13

. Reimbursable expenses may also include services normally arranged for and managed

by

the County. This would include items such as surveying, drawing and specification

reproduction (including distribution costs), signs, control photographs, licenses and other

miscellaneous items required by the

Owner

and not assigned to any direct construction

contract.



14

Other costs incurred

in

the performance o the Work

i

and to the extent approved

in

advance in writing by the County.

15 . Fees and assessments for permits and for other permit cost, grant production and

applications cost paid at the request o the County.

16

. Fees and cost o laboratories for all tests and materials testing Independent Assurance,

etc,) as required

by

the County.

nd

o

xhibit

F

2



EXHI IT G

To The

Program

Management

greement

Richland ounty



TASK 2 •• R W cquis ition Per Parcel Cost

xhibit G

Right

of

Way

Acquisition

Services

ppr

ai

sal

Fee

Neqotiations Estimates ooraisals

Reviews

Titl

es

Relocati

Category 1: Permission Parcels/Recorded

gratis parcel (easement)

1 ,680 450

Category 2: Parcels secured by cost

estimate

2,220 200 450

Category 3: Parcels secured by Appraisal

- simple

2,220 200

1 ,800 450 450

Category 4: Parcels secured by Appraisal

· complex

2,220 200 2,500 450

450

Category 5: Parcels requiring relocation

assistance

2,220 200 3,000

450 450 7,50

•Notes:

1. Appraisal fees may vary, dependent upon parcel. Th is chart provides a minimum (simple) to a maximum (complex).

2. If a permission parcel requires converting to a R/l/V acquisition parcel, the fees will adjust accordingly

3.

R/l/V

Relocation fees can vary from simple

(i

.e. billboards = 4200) to co

mp

lex (i.e. business relocation= 7500). Shown

in

the ch

- business relocation. This relocation fee would be adjusted accordingly for the relocation type.

4. Title opinion updates would be an additional 125.

5. Mortgage releases are not included in the

RNV

Acquisition fees, but if required , they could range from 350- 750 per mortgage.

6. Condemnation Packets would be an additional 150 per parcel. These would be prepared and submitted to the County's designa

7. Mentoring for April James (iRealty)

wo

uld be 100/h

r.

for 380 hours for a total of 38,000.

R/l/V

Agent. Alan Wells, may also men

R/l/V Manager and would be compensated 100/hr. Mentoring for Brian DeQuincey Newman would be up to 190 hours as per BD N

amount not to exceed of 38,000.



EXHI ITH

To

The

Program Management

greement

Richland

ounty



IGA-25-14

Cooperative Inte1·governmental Agreement

Between

Richland

County, South

Ca l

olina

And

South

Caro

li

na

D

epartment of T1

·anspo1·tatlon

For

Richland County Sales T ax T1·ausportation Program

THIS AGREEMENT is made this

1 _day of fcb/ t.1Qg

,

20Ji.

by and between

Richland County, hereinafter refen·ed to as County, and the S

l t

Carolina Depa11ment

of

Transportation, hereinafter referred to as SCDOT.

WJTNESSETH THAT:

WHEREAS, the County and the SCOOT desire to work together in the planning and

im1>lementation

of

he Richland County Sales Tax Transportation Program and,

WHEREAS, the County is body politic with all the rights and privileges

of

such including the

power to contract as necessary and incidental powers to cal'l'y out the County's functions covered under

this Agreement; and,

WHEREAS, the SCDOT is an agency of the State of South Carolim1 with the authority to enter

into contracts necessary for the proper discharge

of

ts functions and duties,

NOW THEREFORE, in consideration

of

the several promises

to

be faithfully performed

by

the

parties hereto as set forth herein, \he County and the SCOOT do hereby agree as follows:

I

GENERAL RECITALS:

A

Pmpose

The

1m1l)ose of

this work is to constrnct and improve ce1tain trnnspo11ation facilities

throughout Richland County using, in part, funds derived from the one (1) cent special sales

and use tax imposed

by

Richland County and approved

by

referendum held November 6.

2012.

B.

Description

of

Work

The projects for this agreement include only those projects that are listed

in

Attachment

"A"

and are hereinafter referred to as the Pl'Oject(s) and the collective group of Projects is

he1·einafter referred to

as

the Prngram . The provisions herein shall only apply to Projects

listed in Attachment

"A"

and all a

re

currently on the State Highway System or are proposed

to

be conveyed

to

the SCOOT for acceptance into the State

Hi

ghway System. Unless

otherwise agreed, these provisions shall not apply to prnjects which are

to

be owned

or

maintained by the County, a municipality or another non-state entity. Where loc11l roadways

tic into state or federal roadways, changes within the SCOOT' s right of way will fall under



IGA-25-14

the terms

of

this agreement unless changes al e appl oved by the SCOOT through an

encroachment permit.

Prior to project initiation for each project, the County shall identify whethel it will develop

the Project to maintain eligibility for Federal Transpo1tation Funding. The Projects declared

federally eligible shall be developed and constructed to federal standards. The Federal

Highway Administration (FHW A) will make the determination of eligibility for Federal

Transpo1tation Funding for each Project for which those funds al e requested at the time of

request for authorization

of

each phase.

The scope of

each individual Project shall be determined by the County dul ing the pla1ming

phase of each Project. The County shall carry out the specific activities necessary to

implement and constrnct each Project, which includes phuming, design, right of way

acquisition, constmction and other associated cool dination and administrative activities,

unless noted othenvise herein.

C

~ c p e

of

ork

The scope of the Program has been described in Attachment A Nothing contained in this

Agreement shall be constrned to require the County to undertake or complete any paiticulal

Project in the Program. Those obligations shall be solely governed by the actions of

Richland County Council and applicable State law.

11 COMMUNICATIONS:

A The County and SCOOT agree that regular and thorough communication about this work is

essential to the effective execution

of

the Program. The County and SCOOT further agree

that each party will strive to communicate at both the management level and staff level.

I. The County Transportation Director and/or the designated County Representative shall

meet with the Pl ogram Manager from the SCOOT on an as-needed basis.

2. Additional coordination meetings

will

be planned and mutually agreed upon as necessary

to coordinate the work.

B.

The

SCOOT will provide such technical suppm1 and advice

as

requested by the County to

assist in the planning and execution of the Program.

III. OBLIGATIONS O SCOOT:

A

The County shall 1>repare in the SCOOT s name, all documentation required undel the

implementing regulations of the National Environmental Policy Act of 1969,

23

C.F.R.

§771, et seq, or as specified by the SCOOT. The SCDOT agrees to expedite the review and

approval

of

necessary environmental documentation as

it

applies within the SCDOT s

authority. The

SCOOT further agrees

to

use its best effo11s to coordinate with the Federal

2



IGA 25 14

Agencies on behalf of the County to expedite the approval of required environmental

documentation, if necessary.

B.

To

the extent permitted

by

existing South Carolina law, the SCOOT hereby assumes

complete responsibility for any loss resulting from bodily injuries (including death) or

damages to property, arising out of any negligent act

or

negligent failure

to

act on the

SCOOT s part, or the part of any employee or agent of the SCOOT in the performance or

participation in the work unde11aken under this Agreement.

C. Upon final completion of Projects on the state system, the County agrees to assign a right

of

entry

or

other prope11y rights necessary for the SCOOT

to

maintain the Project until such

time as all rights of way and other property rights are turned over to the SCDOT after the

completion of the Project. The SCOOT agrees to accept the Project on the state system for

maintenance within 30 days once all obligations of the County have been completed as

outlined in Section V.F.5 of this 11greement.

IV. OBLIGATIONS

OF

THE COUNTY:

A To the extent permitted by existing South Carolina law, the County hereby assumes

complete responsibilities for any loss resulting from bodily injuries (including death) or

damages to property, arising out of

any

negligent act or negligent failure to act

on

the

County s

part, or the part of any employee of the County

in

performance of the work

unde1taken under this Agreement.

B.

The

County shall provide or cause to be provided all services for the execution of activities

for the planning, development, and delivery of each Project, unless noted otherwise herein.

C. The Coun ty shall reimburse the SCOOT for costs incull ed

s

part of the SCDOT s reviews,

coordination, and oversight. The SCOOT will invoice the County no more often than

qua11erly for those costs.

0 .

The

cost

of

each Project shall be borne solely

by

Richland County unless additional funding

is secured tlu·ough the SCOOT

or

other sources or as otherwise provided for in this

agreement.

V. GENERAL PROVISIONS:

A. Confonnance:

All Projects shall be developed and constrncted

to SCOOT st11ndards

and specifications any

other applicable legal standards and will be accorded equal priority for com1>letion.

The

current edition of each standard and specification shall be the edition as of the beginning of

the design work for each Project with the expectation that the standards and specifications

shall

be

applicable tlu·ough the completion

of

the Projec t. However, where there is a

significant delay in the completion of the design of a Project, the most current standards and

specifications may be inco11>orntcd into the contract documents. It is the intent of both the

3



IGA-25-14

County and the SCOOT to design

the

Projects in compliance with the ap1>licable standards

and specifications. However, both pa11ies recognize that exceptions to these standards and

specifications may be mutually beneficial. Such exceptions

will

be granted

i

both parties

agree.

B. Plarutlng Activities

The County shall consider each Project and shall make a determination as

to

the exact scope

o

the proposed improvement. ln this planning phase,

the

County shall consider the

following aspects o the Pl Ojects in detennining the scope o the proposed improvements:

-Public involvement

-Funding

-Environmental considerations including determination o

necessary envirorunental

documentation

-Traffic requirements for the Projects based on traffic projections for the design year 20

years beyond the scheduled constmction date o the Project. For example,

R

scheduled

construction start

in

2015 would yield design year traffic projections for the year 2035.

Where available, the local Central Midlands Council

o

Govenunents (CMCOG) traffic

pl Ojections would be supplied by the SCOOT for use in these pla1ming activities. Where

these CMCOG traffic projections are not available, the County will make traffic

projections based on standard industry methodology for

the

appropriate design year as

indicated above.

-Right

o

way issues and impacts

-Constructability

-Other issues impacting the planning and execution

o the

work as deemed appropriate and

beneficial

to

the County

The County will also carry out their work or services in compliance with all applicable

Federal, State, and local enviromnental laws and regulations, and shall monitor and oversee

each Project for such

com1>liance

. This responsibility shall include:

l . Complying with those stipulations and conditions under which the SCOOT received

approval o applicable

envil Onmental

documents and pel mits. The County

will

ensure

com1>liance with

all

secured permits. The County will be the sole

pa11y

responsible

for

resolution o any enforcement actions as a result o non-compliance with permit

conditions and requirements

to

the extent that the County or its agents were responsible

for such breach or action causing the enforcement action.

2. Complying with applicable laws and regulations relating

to

potential or actual hazardous

materials that may be encountered in the course

o

implementing each Project.

3. Carrying out all required social, economic, and enviromuental studies required by law,

and

4.

Make

all

necessary modifications to approved permits as required by

law

.



IGA-25-14

The County recognizes that the SCDOT and/or the FHWA or other agencies may have final

review and approval for the enviro1m1ental documentation l'equired under the implementing

regulations of the National Environmental Policy Act of 1969, 23 C.F.R. §771, et seq. The

County will be responsible for the pret>eration of necessary permit applications requil'ed by

any governmental agency to complete the Projects and will work with the SCOOT in

coordinating and negotiating with the agency to secure the permits. All work perfo1med

must

be

in accordance with the SCDOT's Environmental Consultant Scope, latest edition,

and

any

amendments thereafter, if applicable. Where required

by

law, the County shall

prepare all pennit applications in the name

of

the SCDOT. The County wi comply with

any regulatory agency requirements, and be responsible for resolution

of

any enforcement

actions that may arise as a l'esult

of

non-compliance with regulatory agency requirements.

All permit conditions set by the regulatory agencies must be reviewed and approved by the

S OOT

fol all roads in the state system.

Upon approval

of

the SCDOT and other applicable regulatory agencies, Richland County

may use credits from enviromnental mitigation banks controlled by or developed for use by

the SCOOT. f credits are used by the County from a mitigation bank controlled by or

developed for use by the SCDOT, the County will pay to the SCOOT the costs

of

these

credits as mun1ally agreed upon y the County and the SCDOT.

The County shall conduct required public involvement meetings for each Project in

accordance with NEPA regulations, or as otherwise specified by the SCDOT.

In

addition,

non-mandatory public meetings may

be

held to discuss Project issues if desired by the

County. The County shall notify representatives of the SCDOT in advance of all meetings

and shall notify other representatives from state, federal, and resource agencies as required.

Projects shall not be advanced to right of way acquisition and/or construction phases until

final apprnval

of

environmental documentation is obtained.

C. Design Activities

Design

of

the Projects will be the responsibility of the County except as provided for

otherwise in this agreement.

I. Since availability

of

State or Federal funding has not been determined, and since

it

is the

County's desire to proceed with

ce11ain

aspects

of

the Projects, the SCDOT shall assign

Project Identification Numbers to the Projects for tracking purposes. The Com\ty shall

use these numbers on all right of way instrnments, plans, and permits as applicable.

2. All Project surveys related to the setting of horizontal control, ve1tical control, mapping,

and aerial photography will comply with the SCDOT's current edition

of

the

Preconstruction Survey Manual .

3. All structural components of the Projects shall comply with the AASHTO Standard

Specifications for Highway Bridges, latest edition, including the latest Interim



IGA-25-14

Specifications thereto. Bridge strnctures shall be designed with the LRFD criteria. This

will include all seismic requirements in accordance with these AASHTO criteria.

4. Upon completion of the work, the County shall ce11ify that the contract documents have

been prepared in conformance with the provisions

of

Items 1 2

and

3 above. The

County shall require that all construction plans and specifications be sealed by a South

Carolina registered professional engineer.

5 f he County intends to seek reimbursement

for

state or federal

funds

that may become

available for individual Projects, the County shall comply with

all Applicable

federnl and

state statutes and regulations

to

maintain

the

eligibility

of

those funds for

reimbursement.

6.

In

the event that state or federal funding becomes available

for

the Project,

and

in the

event that the County should desire to utilize these funds the parties sluill cooperate

with regard to amendments to this Agreement that may be required to secure that

funding. Such amendments will pmvide for policies and procedures including direct

SCOOT administrntion or assistance with administration of the Project that would be

most advantageous in securing that funding.

7. The SCDOT's Office

of

Materials

and

Research shall approve

the

pavement design on

roads within or intended

for

the state system

and

shall respond

to

the County within 30

business days of the time the County submits the pavement design for review.

8.

The SCOOT will provide reviews of the design plans and other contract documents

and

provide written comments to the County. Plans or other design documentation will be

sent to the SCOOT at the following stages of the Project: concept (optional), preliminary

(optional), right

of

way and final design. The County shall submit the design in a form

that is acceptable to the SCOOT's reviewer. Design reviews will be accomplished by

the SCOOT and review conunents will be returned to the County within 25 business

days of the time the County submits the review documents to the SCDOT. The County

will notify the SCDOT at least two weeks in advance

of

the submission

of

documents to

be reviewed. Should the review comments not be retumed within the designated period,

the County

is

not required to consider the comments in the revisions

to

the plans.

Comment or failure to comment by the SCOOT shall in no way relieve the County or its

agents of any responsibility in regard to individual Projects. Projects shall not be

advanced to right-of-way or const1uctio11 until written authorization

is

provided by the

SCOOT.

9. Design plans and documents submitted for reviews by the SCDOT shall be provided in

electronic (.pdt) format. The County shall utilize file transfer protocol (FTP) or other

agreed upon platform to t1·ansfer the documents to be reviewed.

10

. The SCDO

T s

written authority to proceed with right-of-way acquisition activities

shall serve as approval for the County to begin right-of-way activities on individual

Projects. The SCOOT agrees to provide written notice of authority to proce

ed

·

6



IGA-25-14

review comments for the right-of-way plans within 5 business days

of

the time the

County submits the right-of-way plans

fo

r review.

11 .

The SCDOT' s written authority to proceed with constrnction shall serve as approval

of

right

of

entry and encroachment by the SCOOT for construction

of

individual

Projects

by

the County. The SCOOT agrees

to

provide written notice

of

authority to

proceed or review comments for the final plans within 5 business days of the time the

County submits the final plans for review.

12

. In

the event that federal funding is sought by the County through the SCOOT, the

County shall perfonn a value engineering analysis as required by 23 C.F.R. Part 627.

D Utility Activi ties

I

Utility relocations will be paid based on prior rights. Where a utility establishes a prior

right

of

occupancy in its existing location, the County will be responsible for the cost

of

that relocation, including all real and actual costs associated (engineering, easements,

constrnction, inspections, etc.). Prior Rights may be established by the following means:

a.

The Utility holds a fee, an easement,

or

other real prope11y interest, the taking

of

which is compensable in eminent domain.

b.

The

Utility occupies SCOOT right of way, and per an existing agreement

with the SCOOT, is not required to relocate at its own expense.

2. Where the utility cannot establish a prior right

of

occupancy, the uti lity will be required

to

relocate at its

own

expense. Howevel', in some cases for municipal, county and

special pu1vose district owned and operated utilities, the County,

may

elect to use

Program funds for all or parl

of

such utility relocation costs.

3. Utility work

will

be coordinated and execuled in accordance with Chapter 5

of

the

SCOOT Design Manual and Section

105 .6 of

the SCDOT construction manual.

4.

f

Federal funds are used for utility relocations, the County shall comply with the

applicable State law and the Federal Code (23 CFR 645 A and B) for those utility

relocations.

S Utilities to remain in SCOOT rights

of

way or to be relocated to a point within SCOOT

rights

of

way, shall be in accordance with SCDOT's A Policy for Accommodating

Utilities

on

Highway Rights

of

Way.

6. The County will honor the tenus

of

any pre-existing agreements between the SCOOT

and a utility owner.

7. The County will provide utility deliverables as defined in Section Vl-E.

E. Right

of

Way Acguisition Activities

7



JGA-25-14

1.

The County shall acquire all right-of-way necessary for highway purposes in i

ts own

name.

Acquisition o rights-of-way to be turned over to the SCDOT and rights-of-way

for

projects that may

or

will

be

using federal

funds

shall be acquil ed in accordance with

the United Stales U11 form Relocatio11 Assi.\

0

/a11ce mu/ Real Properly Acq11isitio11 Policies

Act o 1970, as amended P.L. 91-646 42 U.S.C. §§4601 et seq., and regulations

thereunder, 49 C.F.R.,

Pa11

24 and the South Carolina Eminent Domain Procedures

Act.

Title instruments acquired on those routes shaJJ be documented on SCDOT standard

fonns. The County shall acquire right o way title in fee simple for any Project where

utilization o federal funding is contemplated. Right-of-way limits shall be set

according to standard SCOOT prnctices, utilizing the SCOOT Highway Design

Manual

and the SCOOT Road Design Plan Preparation Guide. These limits shall encompass

all

pe11inent highway facilities and structures necessary for the construction and

maintenanceo he roadway. With respect

to

the acquisitions:

The County Shall:

. Perform title searches for properties

to

be acquired and provide the SCOOT a

Ce11ificate o Title signed by a South Carolina attorney. Preliminary title 11bstracts

must be provided prior

to

prope11y being appraised.

b. In accord11nce with the SCDOT s Appraisal Manual, provide n acceptable appraisal

fol each tract by an apprnisel from the SCOOT s approved appraisal list. AJI

contracts for appraisals shall obligate the appraiser

to

provide court testimony in the

event

o

condenmation. The County shall obtain appraisal reviews complying with

technical review guidelines

o

the Appraisal Manual

d

make a

recommend11tion o

just

compens11tion.

The Appraisal reviewer shall be approved by the SCOOT. The

reviewed appraisal must be approved by the SCOOT s right-of-way representative

prior

to

the off r to purchase being made

to

the Landowner.

c. Secure approval

from

the SCOOT s right

o

way representative for any settlement

above the approved appraisal.

d.

Titles shall be in fee simple absolute by recordable warranty deeds unless otherwise

approved by the SCOOT.

All

titles shall be recorded in the land records o Richland

County.

e. In the event o condemnation the necessary documents as required by the Eminent

Domain Procedures Act, S.C . Code Ann.§§ 28-2-10 et. seq. will be prep11red

nd

the County will utilize its Eminent Domain authority to acquire title. The County

will provide legal counsel. Condenmation shall be by way o trial after rejection o

the amount tendered as provided in Code § 28-2-240.

f

Retain all records dealing with

propc11y

acquisition and all other costs associated

with this project for 3 years after the final phase o construction work on the Project.

The County or its authorized representative upon request will make such records

available for audit and review.

8



IGA-25-14

g. The County is responsible for establishing and maintaining Quality Control and

Quality Assurance procedures for the entire right

o

way acquisition process.

h

Provide relocation assistance

in

accordance with the SCOOT s Relocation Manual.

All relocation housing payment offers shall be approved by the SCOOT prior to

being offered

to

displacees. The County shall issue (90) and (30) - day notices o

displacement in accordance with State and federal guidelines.

1 The County shall be responsible for the disposition o all identified improvements

being acquired on

the

Project prior to the obligation elate o the construction. The

County shall fumish the SCOOT with a list o all sumlus prope11ies that are

purchased on a Project that are

to

be conveyed

to

it. Surplus property is defined as

property

not

needed for current or planned future projects. Proceeds received from

the sale o surplus prope1ty shall be distributed based on the funding source used to

secure the property.

j

Establish specific milestone dates for the different phases o the right-of-way

acquisition and provide bi-monthly rep011s indicating

the

status o each individual

parcel.

k Provide a Right-of-Way Certification in a form acceptable to the SCOOT insuring

that all prope11y necessary for construction o

the

Project has been secured and that

all displacees have been relocated prior

to

advertising

for

construction bids.

The SCOOT Shall:

a

Designate a right-of-way representative to approve offers

o

just compensation

as

well as any settlements above the approved appraisal amounts.

b. The right-of-way representative will provide approval for all relocations benefits for

those displaced by the project.

c. Provide approval o the Right-of-Way Certification and authorization to proceed to

construction.

F

Constrnction Activities

l The County will construct the Projects in conformance with the technical sections o the

SCDOT s current Standard Specifications

for

Highway Construction and related

AASHTO standards as called for in the construction contract documents. The County

must obtain approval from the SCOOT i there is a circumstance where there may be

any significant deviation

from

the contract documents.

2. The County and the SCDOT agree

to

conduct a final inspection o the completed Project

prior to acceptance o the work by the SCOOT.

9



IGA-25 -14

3. To the extent applicable, materials shall be procured in accordance with Richland

County Procurement Procedures and in conformance with the S.C. Code Ann.

§§

11-35-

10 et seq., as amended, SCOOT standard policies, and applicable Federal (23CFR635)

and State statutes and regulations.

4. The County shall provide administrative, management, Qunlity Control, and other

services sufficient to provide ce11ification to the

S OOT

that the construction and the

materinls used for construction are in conformance with the specifications set fotth in

the contract documents. The inspectors and/or engineers performing Quality Control

or

other inspections shall be certified and/or licensed

in

South Carolina. The County shall

ensure testing is performed based on project quantities in accordance with the SCDOT's

Constrnction Manual.

5 The

County shall coordinate with the SCOOT during the constrnction of the work.

When the County concludes that all aspects of the Project have been properly and fully

pe1·fonned and the work is substantially complete, the County shall notify the SCOOT of

the date for finnl inspection

of

the work. The County and the SCOOT shall jointly

conduct the final inspection and develop

t

Final Project Punchlist, list

of

items that need

remedial action, if necessary. As used herein, Substantial Completion shall mean

when an entire road or other transpo11ation facility

is

ready for safe use by the public.

The County shall require that the deficiencies identified on the Final Project Punchlist

are appropriately addressed and shall advise the SCOOT in writing

of

the completion

of

those actions. The date

of

this notice shall then become the date

of

Final Completion.

The SCOOT agrees to respond to the County within 20 business dnys from the time the

County submits the Final Completion notification. If additional centerline miles are

created

by

the project, once Final Completion is accepted by the SCOOT, the Project

will

be

presented

by

SCOOT

Staff

to the SCDOT Commission. The Commission

will

determine

if

additional mileage is to be 11ccepted by the SCOOT.

6. The

S OOT

shall conduct construction oversight on all State-maintninecl roadways at

the discretion of

the

Deputy Secretary for Engineering. All SCDOT costs associated

with constrnction oversight shall be reimbursed by the County in accordnnce with

section IV.C.

a. The County, or its agent, shall pe1 fo11n all acceptance sampling and testing in

accordance with the quality control (QC) sampling and testing schedule and

frequency specified

in

the SCDOT's Constmction Manual.

b. The SCOOT will perform independent assurance (IA) sampling and testing on

projects with federal funding. For projects that

do

not have federal funding, the

County shall arrange for

IA

sampling

nnd

testing to be performed by an independent

qualified entity. All IA procedures shall be in accordance with the SCOOT's

Constrnction Manual.

10



IGA-25-14

c

The SCDOT may at any time ask for, and the County shall immediately provide, any

constmction inspection or testing related documents. The SCDOT may also perform

its own tests, and obtain its own samples, at any time.

d

The Project may be subject

to

periodic reviews/inspections by the SCDOT s Quality

Management Team at the discretion

of

he SCDOT.

7

To facilitate the coordination of construction activities and to ensure that the work

s

constmcted in accordance with the applicable provisions, the County and the SCOOT

agree

ns

follows:

a

Weekly Project field reviews will be made by the County and the SCOOT s

constluction representatives to discuss project status, mutual concerns and

const1uction issues.

b. Contract documents will be furnished to the SCOOT.

c

Copies

of

test results will be submitted to the SCDOT so test data and results can be

coordinated. Pel iodic reviews

of

test

rcp011s

and summaries will be made by the

SCOOT.

d

Project traffic contrnl

1·eviews

for safety and specification compliance

will

be made

and documented on the dnily repo11 by the County.

e

Erosion control reviews

will

be made on a schedule as required in the NPOES

General Construction

ermit

Erosion Control reviews

will

be made in accordance

with the SCDOT s Supplemental Specification on Seeding and Erosion Control

Measures, latest edition. Obse1vations will be documented on the SCOOT s Erosion

Control form. The County will apply for and acquire all necessary lnnd disturb1mce

permits such as the NPOES General

Const111ction

Pennit in the name

of

the County.

The

County

will

comply with any NPOES requirements, and be responsible for

resolution

of

nny enforcement actions that may arise as a result

of

non-compliance

with NPDES requirements.

8

The County shall obtnin SCDOT concunence prior to awarding the contrnct.

f

applicable, the County will include the required Federnl Aid Contract Provisions for

the contract.

VI. OTHER PROVISIONS:

A

Maintenance

of

Traffic

The

County shall require

th11t

its contrnctors keep open to trnffic all existing State highways

while they are undergoing improvements except for temporary construction detours or

closures and shall be responsible for

mnint11ining

the entire section or sections

of

highway

within the limits

of

the work being performed from the time its construction contractor is

issued the Notice to Proceed until the Project is delivered to the SCOOT under the terms

of

this Agreement. Trnffic control activities shall be in accordance with the MUTCD (current

edition), the SCOOT District 1 Daytime Lane Closure policy (current edition), and the

11



IGA 25 -14

SCOOT s standard guidelines and standard drawings for maintenance o traffic in a work

zone.

B. Maintenance

o

Prniect

I. The County shall accept responsibility for normal maintenance o the roadway within

the Project limits during construction.

2. The SCOOT shall accept responsibility for normal maintenance

o

the roadway within

the Project limits once the Project has been constructed and accepted y the SCOOT as

described in Section V.F.5. above.

C.

Tie-in Agreements

Where the limits o the Project meet or overlap into the project limits established for

projects that are

or

will be executed by the SCOOT before the completion

o

that individual

County Project, the County and the SCOOT will develop agreements to outline provisions

that would be beneficial to both the County Projects and the SCOOT projects with respect to

funding, traffic control, improved safety for the trnveling public, coordination o drainage

systems, or other design or construction considerations. These agreements will stipulate the

funding implications o such provisions and the responsible parties thereof.

0 . Encroachment Rights

The SCOOT shall deliver possession o its highways to the County in the s111ne manner and

under the same terms it does to highway contractors working under contrnct with

it

and

hereby grants encroaclunent and access rights to the right o way and easements along the

proposed Project conidors as set

fo11h

below. This possession shall be delivered after

approval o he final construction plans as outlined below.

I. When a construction Project has been awarded by the County, the County will notify the

SCOOT o the anticipated Notice to Proceed date for the contract. After written approval

o the final construction plans by the SCOOT as outlined in Section V.C.9 above and on

the Notice to Proceed date for construction, the County ancl/or its agents will assume

maintenance responsibilities for the Project.

2.

Where applications for encroaclunent permits with regard to any segment o road

covered by the Project are received by the SCOOT, it will forward those applications to

the County within l 0 business days

o

receipt for review to assure that those proposed

improvements described in the permit applications will not conflict with the Project

plans. The County shall review the applications and return comments within

5

business days.

From and after execution

o

this Agreement, the SCOOT hereby grants the County access to

the Project corridors for the purposes o gathering field information necessary for

accomplishing the planning, design, and right o way aspects o the Project. The County

2



IGA-25-14

will publish an Eminent Domain notice for the Projects in accordance with

the

Eminent

Domain Act Section 28-2-70(c).

E Close-out Documents

Upon completion of

the

Projects, the County will provide the following Project

documentation

to

the SCDOT.

I Copies

of

required enviromnental documents

2. Design documents

a As described elsewhere in this agreement

b. Final Project plans suitable

for

delivery and recording pursuant

to

S.C Code §57-5-

570 (1991)

c. Electronic files of

the

Final Project plans as described in the SCDOT

s

Road

Design Reference Material for Consultant Prepared Plans .

d Final Stormwater Repo11s

3

Right

of

way documents

a Appraisals

b Title search information

c Deeds sufficient to convey to the SCOOT the additional highway right of

way

acquired by the County. Titles shall be by special warranty and sufficient to convey

the entire interest obtained by the County from the Landowner.

cl

Correspondence with

prope11y

owners

e

Diaries or agents worksheets related to the acquisition

of

right

of

way

4. Construction documents

a

As-built drawings - In addition to those documents set forth elsewhere in this

Agreement, the County shall provide, within

90

days after Final Completion,

two

marked-up sets of final construction drawings reflecting the as-built condition of

each ProJect based

on

information provided by the construction contractor

and

verified by the County. As-built plans must

be

drawn

to

scale, and be based

on the

project survey stationing. These plans

will

include as-built information

for

utilities.

These plans will be sufficient to establish the precise location of all utilities and

appurtenances as

well

as provide key information

for

future determination

of the

extent of prior rights. As-built utility plans must include

at

a minimum the

following:

•

Su1vey

centerline and existing roadway centerline

if

different, with labeled

stationing.

• Existing and new right of way lines, and County easement lines

• F

inal Jociition of

utility lines and appurtenances

b. Test reports

c Daily construction diaries

3



IGA-25-14

5 Othel' documents

a Assignments to the SCOOT

of

all contractors' payment and performance bonds in

connection with the Project

or

Consents

of

Surety on lhe SCDOT 's standard form.

b Releases, affidavits or other proof

of

payment to indicate full payment

of

all claims

by contractors, their subcontractors or

suppliers.

c

All permits

of

goverrunent regulatory agencies

f . Certification.

Upon final completion

of

each Project, the County will provide a letter to the SCOOT

stating the following:

The County has provided construction oversight and material for Name of Project. The

workmimship and

mate1

als used in the construction

of

the Project are in conformance with

the contract documents.

G

Warranty

I. The County warrants that

it

will perform the work necessary under this agreement in

accordance with the standards of care and diligence normally practiced in the

transpo11ation industry for work

of

similar nature. To the extent the County's

construction contractor warranties are obtained in co1mection with any Project intended

to be tumed over to lhe SCOOT, the County shall assure that those warranties are

assignable.

2.

The

County shall take all steps necessary to trnnsfer to the SCDOT any manufacturer

or

othe1·

third pa11y warrnnties

of

any materials

or

other services used in the construction

of

a Project.

VII. Miscellaneous General Provisions:

A. Disputes

The

County and the SCOOT shall cooperate and consult with each other with respect to

those Projects intended

to

be turned over to the SCDOT for maintenance

to

the extent set

fo11h herein and may utilize the Issues Escalation and Dispute Resolution Process included

as Attachment B to detennine the appropriate person(s) and timeframe to resolve issues

that arise.

In the event that a dispute arises, the following procedures will be used to resolve

the matter.

Any dispute

or

claim arising out

of or

related

to

this Agreement shall be submitted for

resolution undel' the procedures outlined

in

Attachment B . Within (90) days

of

the date

of

this Agreement, an ad hoc board, the Dispute Resolution Board, wilt be selected pursuant to

the procedures identified below. The Dispute Resolution Board will consist

of

two

members

of

the County and two members

of

the SCOOT. These four members shatl choose

4



IGA-25-14

a fifth member employed neither

by

the County nor the

SCOOT.

This

fifth

member shall be

a mediator certified in the State

o

South Carolina. The cost

for

the mediator shall

be

shared

equally between the County and the SCOOT. The board shall

be

empanelled for the entire

duration o this Agreement and shall hear all disputes between the County and the SCDOT

relating

to

this Agreement that cam1ot be resolved through the normal resolution process

outlined

in

the Issues Escalation chart. Exhaustion

o

this Dispute Resolution Process

is a

condition precedent

to

the filing

o

a lawsuit.

Any

lawsuit arising out

o

or relating

to

this

Agreement shall

be

filed for non-jury proceedings

in

Richland County, South Carolina.

B. Successors/Assigns

The County

and

the SCOOT each binds itself, its successors, executors, administrntors,

and

assigns

to

the other

p y

with respect

to

these requirements,

and

also agree that neither

party shall assign, sublet, or transfer its interest

in

the Agreement without the written

consent

o

the other.

C. Disadvantaged Business

Ente1])1 ises

The County will provide

opp011unities

for Disadvantaged Business

Enterp1·ises

as

required

by state laws or regulations. The County will coordinate

with

the SCDOT s DBE Office

when

establishing goals for specific Projects.

The

parties hereto and their agents shall

not

discriminate on the basis

o

race, color, national origin or

sex

in the performance

o

this

Agreement or the work provided for herein. Where required the parties hereto and their

agents shall carry out applicable requirements

o 49

C.F.R.

Pai1 6

in the administration

o

this Agreement.

D.

Enforccllbility

All

o the tenns, provisions and conditions o this Agreement shall be binding upon and

enforceable by the parties, their respective elected officials, leg

al

representatives, agents

and

em1>loyees and

their respective successors.

E.

Amendment

This Agreement may be amended or modified only by a written document, which

has

been

signed by the

pa11ies

hereto, or

by

their duly authorized officials. The County, or its

authorized agent, shall agree

to hold

consultations with the SCOOT

as

may

be necessa1·y

with regard

to

the execution

o

supplements

to th

is

Agreement during the course

o the

Program

for

the purpose

o

resolving any items

that

may

have been unintentionally omitted

from

this Agreement or arise

from

unforeseen events or conditions.

Such

supplemental

agreements shall

be

subject to the approval and proper execution

o

the

pa11ies

hereto. No

modifications or amendments

to

this Agreement shall be effec

ti

ve or binding upon either

party unless both

pa11ies

agree in writing

to

any such change

s.

F. Waiver

5



lGA-25-14

No waiver

o

a breach

o any o the

covenants, promises or provisions contained in this

Agreement shall be conslmed

as

a waiver ofany succeeding breach o the same covenant or

promise or any other covenant or promise thereof.

In

no

event shall any failure

by

either

pa11y hereto to fully enforce any provision o this Agreement be consttued

as

a waiver by

such party of its right to subsequently enforce, asse11 or rely upon such provision.

G. Governing Lnw

This Agreement shall be governed by the laws o the State o South Carolina, and by

execution o this Agreement,

the

parties consent to the exclusive jmisdiction o

the

courts o

Richland County, South Carolina, for resolution o any dispute arising hereunder.

H. Severability

In the event that any pa11 or provision o this Agreement shall be determined

lo

be invalid

and/or unenforceable, the remaining parts

and

provisions which can be separated

from the

invalid and/or unenforceable provision 1· provisions shall continue in

full

force

and

effect.

I Captions

The captions or headings herein are

for

convenience only and in

no

way define, limit or

describe the scope or intent o any provisions or sections o this Agi·ee

ment.

J. Notices

All notices

pe11aining

to this Agreement shall be in writing and addressed as set fo11h

below

and shall be deemed properly delivered, given or served when i) personally delivered, or

ii)

sent by ovemight courier, or iii) three 3) days have elapsed following the date mailed

by ce11ified or registered mail, postage prepaid.

Notices to County:

Mr. Tony McDonald

Richland County Administrator

P.O.

Box

192

Columbia, South Carolina 29202

Notices to

SCDOT:

South Carolina Department o Transportation

Attn:

Deputy Secretary

for

Engineering

PO Box

191

Columbia, South Carolina

29202

K.

Fm1her Documents

Each 1>arty will, whenever and as often

as

it shall be requested by another party, promptly

and

within a reasonable time, execute, acknowledge

and

deliver, or

ca

use to

be

executed,

16



IGA-25-14

acknowledged and delivered such further instruments or documents as may be necessary to

carry out the intent and purpose

of

this Agreement.

L Assigmnent

Except as otherwise provided

y

applicable law, this Agreement may not be assigned

y

either p1111y without the written consent

of

the other p1111y.

M. No Third-party Beneficiaries

No rights

in

any Third-party are created by this Agreement, and no person not a party to this

Agreement may rely

on

any aspect

of

this Agreement, notwithstanding any representation,

written

or

oral,

to

the contrary, made by any person

or

entity. The parties hereto

affirmatively represent that this Agreement is made solely for the benefit

of

the parties

hereto and their respective successors and assigns and not for the benefit

ofany Third-pai1y

who is not a signature patty hereto. No

pa11y

other than the signature pm1ies and their

respective successors and assigns hereto shall have any enforceable rights hereunder, or

have any right to the enforcement hereof,

or

any claim for damages as a result

of

any alleged

breach hereof.

N. Multiple Countem1111s

This Agreement

is

executed in multiple counterparts, each

of

which shall be deemed an

ol iginal but

all of

which collectively shall constitute one and the same Agreement.

0

Prior Agreements. Entire Agreement

All obligations

of

the pa11ies each to the other, relating to the subject matter

of

this

Agreement, contained in any other document

or

agreement

or

based on any other

communication prior to the execution

of

this Agreement have been satisfied

or

are

superseded

y

this Agreement. This Agreement constitutes the entire agreement between

the

pa11ies

relating to the subject matter hereof.

This Agreement, with the Appendices hereto, sets fo11h the full and complete understanding

of

the parties

as of

the date first above stated, and

it

supersedes any and all agreements and

representations made 1· dated prior thereto.

The parties make no representations, covenants, warranties

or

guara1ttees, express or

implied, other than those expressly set forth herein. The pa11ies right s, liabilities,

responsibilities and remedies with respect to the services provided for in this Agreement

shall be exclusively those expressly set forth in this Agreement.

P. Reviews and Approvals

Any and all reviews and approvals required of the p1111ics herein shall not be umeasonably

denied, delayed or withheld.

17



IGA

-

25

-14

JN

WITN

ESS

WHEREO

F. the parties h

el eto

have caused this Ag1·eement

to be

executed

by

their

duly

authorized representative the

day

and yea r first above written

.

SIGNED. SEALED AND DELIVERED

JN THE PRESENCE

OF

:

SIGNED. SEALED AN D DELIVERED

JN THE PRESENCE OF:

RICHLAND COUNTY

Kelvin Washington

lrnirma

11 Richland

County Cmm

SOUTH CAROLINA DEPARTMENT

OF TRANSPORTATION

c \ ;

eputy Secl etary for E

ngin

ee

rin

g or DesigneeJ . tf

By:

Deputy Sec retar

y

Administration o

~ \ ~ ~ ·

B y D J__\

Chief

Pr

ocureme

nt

·

1ccr

or Designee

18



IGA-25-14

CERTIFICATION OF SCOOT

I hereby ce1tify that I

am

the Deputy Secretary

o

the Depa1tment

o

Tra11spo11ation

o

the State

o South Carolina and the COUNTY or its legal representatives have not been required directly or

indiJ ectly as

an

expressed or implied condition in connection with obtaining or can·ying 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

contribution,

donation, orconsideration o any kind, except as herein

ex1>ressly

stated (if any).

n accordance with Section 635. l05 o Title 23 C.F.

R.

I further ce1tify that

any work

stipulated

in this agreement to be pe1fo11ned by the COUNTY is adequately staffed and suitably equipped to

undertake and satisfactorily complete such work, including the performance o proper maintenance on

the highway facilities constructed under the

te1ms

o this agreement.

I acknowledge that this certificate is

to

be fumished

to

the Federal Highway Administration,

U.S. Depa11ment

o

Transportation, in connection with this Ag1·eement

and

is subject to applicable

State and Federal laws, both criminal and civil.

l 4 7 1 2 ~ 1 4 v V » 1

Date)

(SCOOT Signature)

9



IGA-25-14

CERTIFICATION OF

COUNTY

I hereby cettify that I

am

the County Administrator

and

duly authorized representative

o

the

COUNTY, whose address is Post Office Box

192,

Columbia, South Carolina, 29202 and that neither I

nor

the above

COUNTY I here represent

has

:

a) Employed

or retained for a commission, percentage, brokernge, contingent fee, or other

consideration, any finn or person other than a bona fide employee working solely

for

me or the

above COUNTY) to solicit or secure this Agreement, or

b) Agreed,

as

an expressed or implied condition for obtaining this Agreement, to employ or

retain the services o any finn or person

in

connection with carrying out the Agreement, or

c)

Paid,

or agreed to pay, to any

firm,

organization or person other than a bona fide

employee working solely for me or the above

COUNTY)

any fee, contribution, donation, or

consideration o any kind for, or in connection with, procming or carrying out the contract

except

as

herein expressly stated if any).

In accordance with Section 635.I 5 o Title 23 C.F.R., I further certify that any work stipulated

in this agreement to

be

performed by the COUNTY can

be

more advantageously performed

by

said

COUNTY and that

said

COUNTY is adequately staffed and suitably equipped to

unde1take

and

satisfactorily complete such work, including the performance o proper maintenance on the highway

facilities constructed under the terms o this agreement.

I acknowledge that this

ce11ificate is to

be

furnished to the SCOOT and the Federal HighwRy

Administration, U.S. Depa11tnent o Transpo11ation,

in

connection with this Agreement, and is subject

to applicable State and Federnl laws, both criminal and civil.

Date)

20



IGA-25-14

Certification

for

Grants.

Loans. and

Cooperative Agreements

The undersigned

ce11ifies, to

the best

o

his or her knowledge

nnd

belief, that:

(I) No Federal appropriated funds have been paid or wiJI be paid, by

1·

on behalf o the

undersigned, to any person for influencing or attempting

to

influence an officer or employee o

any Federal agency, a member

o

Congress, or an officer or employee

o

a member

o

Congress

in

connection with the awnrding

o

any Federal contract, the making

o imy

Federal grant, the

making

o

any Federal loan, the entering into

o any

cooperative agreement,

and

the extension,

continuations, renewal, amendment, or modification o 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

o

any Federnl agency, a

member

o

Congress, or

on

officer or employee

o

membe1

·

o

Congress in connection with

this 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

o this ce11iflc11tion

be included in the award

·documents

fo

r

all

subawards at all tiers (including subgrants, a

nd

contracts

nnd

subcontracts

under grants, subgrants, loans, and cooperative

ag1·eements)

which exceed $I 00,000, nnd that all

such subrecipients shnll certify and disclose accordingly.

This ce11iflcation is a material representation

o

fact upon which reliance was placed when this

transaction was made or entered into. Submission

o

this

ce11ification is

a prerequisite

for

making or

entering into this trnnsaction imposed by Section 1352 , Title 31, U.S. Code. Any person who fails to

file the required c

e11ification

shall

be

subject

to

a civil penalty

o not

less than $I

~ 0 0 0 and not more

than I

00,000

for each such failure.

(Date)

l / ~ 1 / 2 0 1 4

(Date)

SCOOT (Signature)

21



JGA-25 - 14

COUNTY

DRUG-FREE WORKPLACE CERTIFICATION

In accordance with Section 44-107-30, South Carolina Code o Laws (1976), as amended, and

as

condition precedent to the execution o this Agreement, the undersigned, who

is an

authorized

representative o the COUNTY ce11ifies on behalfo the COUNTY that the COUNTY will provide a

drug-free workplace by:

I) Publishing a statement notifying employees that the unlawful manufacture, distribution,

dispensations, possession, or use o a controlled substance is prohibited in the

COUNTY s workplace and specifying the actions

that

will

be

taken against employees

for violations o the prohibition;

2)

Establishing a drug-free awareness program to inform employees about:

(a) the dangers o drug abuse in a workplace;

(b)

the

person s policy

o

maintaining a drug-free workplace;

(c) any available drug counseling, 1ehabilitation, and employee assistance progrnms;

and

(d) the penalties that may be imposed upon employees

for

dmg violations;

(3) Making it a requirement that each employee to be engaged in the performance o the

Agreement be given a copy o he statement required by Item (I);

(4) Notifying the employee

in

the statement required

by

Item (I) that, as condition o

employment

o

his Agreement, the employee will:

(a) abide by the terms o the statement; and

(b) notify the employer o any criminal drng statute conviction for a violation

occurring in the workplace no later than five days after the conviction;

(5) Notifying the South Carolina

Dep1111ment

o Transportation within ten days after

receiving notice under item (4)(b)

from

an employee or otherwise receiving actual notice

o

the conviction;

(6) Imposing a sanction on, · requiring the satisfactory participation

in

a diug abuse

assistance or rehabilitation program by, any employee convicted as required in Section

44-107-50; and

7)

Making a good faith

effo11

to continue

to

maintain a drug-free workplace through

implementation

o

Items (I), (2), (3), (4), (5),

and

(6).

l m T Y

£

22



IGA-25-14

SCOOT DRUG-FREE

WORKPLACE

CERTIFICAIION

Jn

accordance with Section 44-107-30, South Carolina Code

of

Laws

(1976),

as

amended, and

as

a condition precedent to the execution of this Agreement, the undersigned,

who is an

authorized

representative of the SCOOT ce11ifies

on

behalf of

the

SCOOT that the SCOOT will provide a

drng

free workplace by:

I)

Publishing a statement notifying employees that the unlawful manufacture, distribution,

dispensations, possession, or use of a contrnlled substance is prohibited

in

the SCOOT s

workplace and specifying the actions that will be taken against employees for violations

of the prohibition;

(2) Establishing a drug-free awareness program to inform employees about:

(a) the dangers of

drng

abuse in

a

workplace;

(b)

the person s policy

of

maintaining a drug-free workplace;

(c)

any available drug counseling, rehabilitation, and employee assistance programs;

and

(d) the penalties that may be imposed upon employees

for

dmg violations;

(3) Making it a requirement

that

each employee to

be

engaged in the performance

of

the

Agreement be given a copy of the statement required by

Item

( l );

(4) Notifying

the

employee in the statement required

by Item I) that, as

a condition of

employment of this Agreement, the employee will:

(a) abide by the tenus

of

he statement;

and

(b) notify the employer

of

any criminal dmg statute conviction fol a violf1tion

occun ing in the workplace no later than five days after the conviction;

(5)

Notifyhlg the County within

ten

days after receiving notice under Item (4)(b) from any

employee involved with the Program

01·

otherwise receiving

actual

notice

of

the

conviction;

(6) Imposing a sanction on, or requiring the satisfactory pa11icipation

in

a drug abuse

assistance or rehabilitation program by, any employee convicted

as

required in Section

44-107-50; and

(7) Making a good faith effort to continue to maintain a drug-free WOl'kplace through

implementation

of

items (I), (2), (3), (4), (5), and (6).

SCOOT:

23



IGA-25-14

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26



Attachment Il

Issue Escalation nnd Dispute Resolution Process

The purpose

of

this process is to define the different levels

of management

in

the

County

and

the SCDOT that have the authority and responsibility to

make

decisions when lower

levels

of

staff are unable to resolve issues

tha

t

may

arise during

the

life

of

the Program.

Such issues should

be

addressed promptly in order to minimize delays to the Program and

to avoid negative impacts

to

the Program, the County

and

the SCDOT. The County and

the SCOOT

agree that if

an issue cannot

be

resolved by the normal process

of

conununications between the County or

its

designee and the SCDOT s

Program

Manager, the following procedure

will be

adhered to

by the

County and the SCOOT. This

diagram describes the escalation process, persom1el involved, and time limitations for

resolution. Should resolution not be reached in the duration listed below the next level of

management

will be

informed of the issue

and

they will

then be

responsible

to

make a

decision within

the

allotted time period

as

shown below. These allotted time periods may

be

changed based on mutual agreement

of the

managers

working

to

reso

lve the

issue

.

Decisions reached through this process will

be

recorded in writing and signatures

of the

responsible person

from

the County and the SCOOT will

sign

an

acknowledgement

of

the deci . I . I . I f I I I d .

1011 mac c wit 11n two t ays o cone uc t le ec1s1on.

SC

DOT SCDOT

COUNTY

WOR((

(PLANNJNG,DESJGN, (CONSTRUCTION

DA\ S

RIGHT OF WAY

ISSUES)

ISSUES)

Program Manager District Engr. Director of 2

Administrator

r a n s ~ o r t a t l o n

I I

-

-

Director of

Director of

Director of 3

Preconstructlon Construction Transportation

µ

L =

Dep. Secretary for Dep. Secretary

County 5

Engineering

for Engineering

Administrator

The Deputy Secretary

for

Engineering hall review and make the final determination on

unresolved issues pertaining to right of way design and construction for routes within or

to

be added

to

the State

Highw11y

System. Should

the

County Administrator and

the

Deputy Secretary for Engineering be unable to resolve other

issues

that

may

arise during

the program, either pmty

may

request a resolution

by

the Dispute Resolution Board that

shall hear

the

matter and reach n resolution to the dispute within ten

days.

By majority

decision of

the

Board, this ten-day time frame to reach a resolution

may

be amended.

27



EXHI IT I

To The

Program

anagement

greement

Richland County



RICHLAND COUNTY OFFICE OF PROCUREMENT AND CONTRACTING

NOTICE TO PROCEED

August 1,

2014

MB Kahn

101 Flint Lake Road

Columbia,

SC

29223

SUBJECT : Limited Notice

to

Proceed Contract-Program Development Team

This is formal notification to proceed with the requirements identified in: RC-Q-2014--PDT

issued for a

Program Developme

nt

Team

for

the Transporta

ti

on Program.

A contract number shall

be assigned and must be

referenced

on all relative correspondences, invoices and pay

applications.

Change request for this project must have prior

written

approvalfrom the Assistant Director

of

Procurement prior

to

performance and payment. Contracting Officer Representative

(COR) is Rob

Perry Dlrectoro Transportatlon and his authority is outlined in attached appointment letter. The

CORam be reached at: telephone 803

-

576

1526

and email: [email protected]

Please acknowledge receipt

and

acceptance of this Notice to Proceed/Agreement by executing and

returning with original signature and proof of insurance to this office no

later

than ten

(10)

business

days from date of this letter. Should you have any questions

or

concerns please

feel

free

to

contact me at the address, telephone and fax numbers shown.

I can

also be reached

at:

[email protected]

Please I

ndicate

Star t Date: , _ o -l 2- I f

Sincerely,

Christy Swofford,

CPPB

AssistantDirector, Procurement & Contracting

cc: Rob

Perry, P.

E

Director

of

Transportation

ACKNOWLEDGEMENT/ACCEPTANCE

sw

nature H /J ffe/-

Name: 7<\ ;;_

{.µ

.

t>IJ

Title:

~ . l

6 f.-e-. Vf

Date: ~ · -( -

' '

Telephone

Number:

~

J -

f

1 -

. "

)

'-'

'

FaxNumber:

Email:

o lt

<e ~ ~ . , > . c . . o ~

2020 HemptonSt rH t, Suite 30fU, C

olumbia

, South Carolin • 29204, P: (1103) 578-21211, F: (803) 578-2135



AGREEMENT BETWEEN

RICHLAND COUNTY, SOUTH

CAROLINA

AND

M. B.

KAHN

CONSlRUCTION CO

•

INC.

ON

BEHALF

OF THE RICHLAND COUNTY

PROGRAM

DEVELOPMENT TEAM

RELATED

TO THE LIMITED NOTICE TO PROCEED

SECTION I. GENERAL RECITALS

This agreement (this Agreement ), made and entered into this Twenty Eighth day of July, 2014,

by and between the Richland County, South Carolina, hereinafter referred to as the County, and

M. B.

Kahn Construction Co., Inc., a corporation organized and existing under and by virtue of the laws of the

State

of

South Carolina and qualified to do business

in

the State

of

South Carolina, with its principal

offices located in Richland County, on behalf of the Project Development Team (hereinafter defined),

hereinafter referred to as Kahn.

WllNESSETH:

WHEREAS, pursuant to Ordinance No. 039-12HR, the provisions

of

Title 4, Chapter 37, Code of

Laws of South Carolina, 1976,

as

amended, and a successful referendum on November 6, 2012, a one

percent transportation sales and use

tax

was imposed

in

the County;

WHEREAS, the County is beginning the process to undertake the projects identified

in

the

referendum;

WHEREAS, on May

8

2014, the County issued a Request for Qualifications

RC-Q-2014-

PDT) (the RFQ ) for services ofa Program Development Team (the PDT );

WHEREAS,

as

the result of the

RFQ,

ICA/Brownstone/MBKahn was selected as the PDT and

on July 2, 2014, a Notice of Intent to Award was issued;

WHEREAS, the County anticipates entering into a long-term agreement (the Final Contract )

with the PDT with respect to the full scope of services specified n the

RFQ;

however, prior to the

completion

of

the Final Contract, the County has issued a limited notice to proceed which will allow the

PDT to undertake the initial steps to begin providing services prior to the conclusion of the negotiation of

the Final Contract.

WHEREAS, the PDT has provided a Scope of Services and Fee Proposal for Limited Notice-to

Proceed, Richland County Transportation Penny Sales Tax Program Development dated July

15

2014, as

amended by Amendment One dated July 21, 2014 (the Proposal ) related to the limited notice to

proceed, which identifies the tasks which

will

be·authorized to be undertaken pursuant to the limited

notice to proceed together with fees associated with each task; and

COLUMBIA I J72701v2



WHEREAS, it

is

in the

best

interest of the County to incorporate the terms of the Proposal into

this Agreement.

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:

SECTION II. INCORPORATION OF PROPOSAL

The Proposal, attached hereto and incorporated herein by reference, is approved and made par t

of

this Agreement.

SECTION ill GENERAL PROVISIONS

1 This Agreement authorizes only those tasks identified in the Proposal as such may be

amended or supplemented from time

to

time in writing.

2. The term of this Agreement shall be for ninety (90) days, which term may be extended

by written agreement

of

he parties.

3. Each task identified in the Proposal shall be initiated during the term of this Agreement;

each task marked with an asterisk shall be completed during the term of this Agreement unless additional

time is authorized in writing

by

the County; completion of each task not marked with an asterisk shall

extend beyond the

tenn

of his Agreement.

4. The amount authoriz:ed to e expended under this Agreement is 2,576,454 together with

a 10% contingency in the amount of 257,645. Expenditure of amounts reflected in the contingency

shall be at the direction

of

the County Director

of

Transportation. The fee for each task shall not exceed

the amount specified n the Proposal unless agreed to in writing

by

the County Director

of

Transportation

prior to the incurrence of the additional expense. Any additional fees,

if

approved, must be

accommodated within the contingency amount. Fees may be invoiced upon the completion of discreet

identifiable portions of each task or, where appropriate, upon satisfactory progress on each task as

detennined by the County Director

of

Transportation. Invoices must be on a form acceptable to the

County and identify SLBE/DBE participation. Failure to complete any portion of a task as scheduled or

failure

to

make satisfactory progress may result

in

withholding some

or

all of he fee for such task.

5. The County shall be responsible for cooperating with the PDT in making appropriate

County staffavailable as identified in each task. Each task shall be coordinated with the County Director

of

Transportation and other County departments as appropriate.

6. t all times during the term

of

this Agreement and in completing its tasks, the PDT and

its individual members shall be independent contractors, shall not be considered agents

or

employees of

the County, and shall not be authorized

to

bind the County with respect

to

third party agreements.

7

The following provisions included in the Request for Qualifications (the RC-Q-2014-

PDT) shall apply to this Agreement and are incorporated by reference: Definitions; Acts, Laws and

Regulations; Successorship and Assignment; Contract Modification; Audit and Records; Governing

2

COLUMBIA 117270lv2



Laws/Disputes; Indemnification; Non-Appropriations; Other Work; Ownership;

Payment;

Confidential

lnfonnation; Contractor is Solely Responsible for the Performance

of

its Subcontractors; Tennination for

Convenience; Tennination for Cause; Prompt Payment; and Insurance.

IN

WITNESS WHEREOF,

the parties hereto

have

e1 ecuted this Agreement as of the

date first above written.

RICHLAND COUNTY SOUTH CAROLINA

R e c o m m e n d e d ~

Title: 1),A,,/,Jr ~ e t ~

~

f

C

«

.

~ -1-J- _ _ _pproved:

Title:

M. 8 KAHN CONSTR

UC

CO. INC. ON

~ ; ~ O F THE PRO JjJi _ffd

Pt ee

IL _t'_

itle:

3

COl.UMBlll I I7270h1



Scopa

of

Services

&

Fee Proposal

for Umlted

Notice-to-Proceed (

LNTP)

Rlchl

1nd County

Transportation Penny Sales Tax Program

Development

July 15 2014

Amendment One, July 21 2014

INTRODUCTION

The Richland County Program Development Team (PDT), ICA/Brownstone/M.B. Kahn,

has been requested to provide a proposal for initial program development tasks and

services to initiate the County's Transportation Penny Sales Tax program. M.

B.

Kahn

will be the contracting entity for the administration of the PDT. The specific services

proposed at this time include the following items that are anticipated to be

initiated/completed over the next 90 days. Those tasks that have an * indicates that

the task will be completed in the first 90 days.

Task 1 - Prolect Management; Fee - $400.000

The Leadership Team will consist of the senior personnel listed below. The Leadership

Team will be augmented/supported by additional staff such as accounting, human

resources, and other administrative personnel.

Sonny Timmerman

David Beaty

Dale Collier

J. C. Clem Watson

Jennifer Bragg

Anthony Lawrence

Ross Tilton

Company

M. B. Kahn

ICA Engineering, Inc.

Brownstone

ICA Engineering, Inc.

Davis & Floyd

Brownstone

M. B. Kahn

Position

Senior Program Manager

Deputy Program Manager

Procurement Director

Construction Eng. Manager

Assistant Program Manager

Assistant Program Manager

Program Administrator

The Leadership Team will be responsible for the overall management, implementation,

supervision, coordination, and operation of the entire program. Individual members of

the Leadership Team will be involved in every task undertaken during the initial 90 day

phase. The Leadership Team listed above will have daily oversight of the deliverables

required of the initial 90 days of the program. These deliverables will include office set

up

and mobilization, project ranking, validation of project scopes and estimates , the

project delivery plan, development

of

design/build packages for six intersections,

compilation of resurfacing contracts, project meetings, implementation

of

project

controls, preparation of a utility coordination manual, preparation of a ROW acquisition

process, finalize the scope for the SE Richland Neighborhood Improvements, initiation

of

the Public Involvement Plan for the Program, and Development of Procurement

Processes and Procurement

for

Community Block Grant Development Road Paving

Projects. The tasks are further defined below and will be staffed appropriately with

additional personnel as required for the initiation, continuation, and/or completion of

these tasks over the next

9

days.

1



Scope

of

Services

&

Fee Proposal for Limited Notice-to-Proceed NTP)

Richland Cou

nty

Transp

ortation

Penny 5ales Tax Proaram Development

July 15, 2014

Amendment

One, July 21, 2014

The

Leadership Team will initiate and coordinate kick-off meetings and schedule follow

up meetings with other government entities (OGE's) as needed to insure compliance

with all appropriate regulatory agencies. At a minimum, the agencies to be contacted

include SCOOT, City of Columbia, and Central Midlands Regional Transit Authority.

Other OGE's will be added

as

the program progresses and others are identified.

Task 2 • Moblllzation•; et • 560.878

The PDT will locate, lease, and set up office space with the following parameters for the

team:

o Space must be located within Richland County and be available

immediately

for

leasing & up-flt as required

o Estimated space requirement is 7,500sf to 10,000sf.to include the

following:

o 1 large conference room and 1-2 smaller conference rooms

o Minimum of 2 individual offices to include:

• Senior Program Manager

• Deputy Program Manager

• Public Information Officer

• Program Administration .

• Construction Engineering Manager

• Assistant Program Managers (2)

• Right-of-Way

• Program Controls Manager

• Procurement

• 4

Pr

oject Managers

• Financial Manager

• Utility Coordinator

o Space for up to 4 Interns

o

Space for support staff



Scope of Services & Fee Proposal for Limit ed N

otic

e-to-Proceed LNTP)

Richland CountyTr

ansp

o

rtation

Penny SalesTax Program Development

July 15, 2014

Amendment

One, July 21, 2014

o Adequate parking

for

staff, visitors, & public

• Free parking strongly preferred

• Surface parking preferred

• Set-up

of

the office will include the procuring & installing the following:

o Design services

for

office fit-up (as required)

o Tenant improvements as required)

o Building signage (interior & exterior)

o

Furnishings

o Communications infrastructure

o Utility connections/services

o Computers

o

Multi-function printer/copiers

o Multi-media equipment

o Office supplies

o

Janitorial service

o Permits/licenses/etc.

The amount identified to be paid for this task is a maximum amount. The PDT shall use

best efforts

to

complete this task

under

budget. Final payment and reimbursement for

expenses shall be agreed upon between the County and the PDT and shall not exceed

the actual expenditures necessary to complete this task.

Ta

sk

3 - Va

li d

ation of

Pro

ject S

cope

s & Es timate

s*

; Fee • 245,000

The PDT shall validate

the

scope on each individual project and update all project cost

estimates in conjunction with

County

Transportation Department. The PDT should

anticipate a minimum

of

three (3) meetings with County staff during the validation

process.

Updating the project cost estimates for the road wldenings and intersection

improvements shall consist

of

applying the validated scope to ortho photography,

LIDAR ground eleva

ti

on data, and GIS parcel data obtained from the County.



Scope

of

Services

&

Fee Proposal

for Umited

Notice-to-Proceed

LNTP)

Richland County Transportation Penny Sales Tax Program Development

July 15, 2014

mendment

One, July 21, 2014

The proposed design shall

be

developed in Microstation

in

both a plan view and cross

section which will allow the PDT to determine the major plan view quantities (such as

paving, curb and gutter, drainage, signalization, and sidewalk) as well as the earthwork

quantities. The PDT will then analyze recent SCOOT Bid Tabulations

in

order

to

determine appropriate unit costs to apply to the quantities detennined above. The

analysis of the recent SCOOT Bid Tabs will also aid the PDT

in

determining what

percentage of construction costs the major items are of the overall project construction

costs. Quantities that will not be directly quantified will consist

of

items such as

mobilization, moving items, removal and disposal Items, clearing

and

grubbing, traffic

control, and erosion control.

Once the construction cost has been established for each widening and intersection

project, the PDT will apply previously used percentages

in

order

to

determine the

Construction Engineering and Inspection cost (15%

of

construction), Engineering cost

(10% of construction), Right-of-Way cost (20% of road widening construction and 10%

of Intersection construction), Utility Relocation cost (15% of road widening construction

and 10%

of

intersection construction) and Contingency costs (15% of construction, CEI,

engineering, ROW and utility relocation) . The Right-of-Way cost

will

also consider the

geographic location (urban/rural) of the project when considering the estimates These

costs will be added to the construction cost In order to determine the total project cost.

The PDT will update project cost estimates for the bikeways, greenways, and

pedestrian accommodations by using recent SCOOT Bid Tabulations

as

well as similar

type projects from other municipalities

In

order to develop cost per mile or cost per

improvement prices

and

then applying those to the various projects.

Task 4 • Prolect Ranking*; Fee • $98.333

The PDT shall develop a Project Ranking List for each project category based upon,

among other factors, the criteria approved by County Council. The Director of

Transportation, in consultation with the PDT, will make recommendations to County

Council regarding applicable criteria for each category (le, Widenings, Intersection

Improvements, Greenways, etc.), as well as the weights for each critera. These

recommendations will be brought to County Council for review and approval with four

(4) iterations anticipated.

4



Scope of Se

rvic

es

&

Fee Proposal for Limited Notic•to Proceed (

LNTP)


July 15, 2014

Amendment One, July 21, 2014

Task 5 • Pro ect

Delivery

Plan*; Fee - $86.233

The PDT shall develop a draft CTIP. The draft CTIP shall include: program overview,

overall program funding, cash flow modeling, initial project cost estimates and scopes,

projects ranking per category, projects per district, alternate funding sources, and

project schedules. Once project scope and project cost estimates have been

established, the draft CTIP will be updated and routed to the County with three (3) total

iterations anticipated. The CTIP will be approved by County Council.

Task 6 - Development of Design Build Packages for 6 intersections:

Fee 410 000

The PDT will prepare

6

intersection projects that

cari

be Incorporated Into a Design

Bulld contract. The preparation will include a two-step (RFQ/RFP) process for the

procurement of

a

design build team. The PDT will begin environmental assessments,

surveys, traffic analysis, and other design services to enable these projects for a design

build contract.

Included in these design-build documents shall be plan development sufficient to bid the

projects

end

acquire any necessary permits or approved environmental documents.

The fee estimate

for

this item includes the services required to complete this task and

will run beyond the 90 days of the LNTP.

The PDT will assist the County in determining whether any of these projects will qualify

for federal funding.

Task 7 - Compile Bid Packages

for

Resurfa

cin

g Contracts; Fee · 18,400

The PDT will initiate the development of bid packages for resurfacing contracts for

approximately 13 miles of county roadways identified by County staff. The PDT will

make site assessments, determine pavement designs, and collect quantities for the bid

packages. The PDT will prepare bid packages for a minimum of 2 contract lettings.

The County will furnish its Construction Engineer to assist with measuring field

quantities.

5



Scope

of

Services & Fee Proposal

for

Umited Notice-to-Proceed (

LNT

P


July 15, 2014

Amendment

One, July

21

, 2014

Task

8-

Implementation

of P

rojec

t

Con

tr

ols

*; Fee - 125,408

The PDT

will implement the Program Controls systems (TEAMS, Primavera, Document

Management), Including any startup modif ications that are needed and will include the

evaluation of Integration capabilities with County systems.

The

implementation will also

include developing and documenting processes and procedures (with input from county

staff) for Program Controls and Reporting, including:

• Cost Estimating Fonns

• Invoice Forms and procedures

• SLBE/DBE tracking and processes

• Monthly and Quarterly Progress Report formats

The PDT will develop financial/cash flow plans and manage the early start projects,

which include TEAMS and Primavera set-up (projects, financial plans, costs collection,

schedules). The PDT will develop Primavera schedule templates for each project type,

and will provide

an

orientation and training

to

County staff on use of TEAMS as shall be

necessary to allow County staff to become proficient on the use of TEAMS.

Task 9 • Prepare a Utility Coordination Manual*; Fee • 55.750

The PDT will prepare a Utility Coordination Manual which guides key program team

members in the relocation and/or adjustment

of

both Private and Public sector utilities.

The

Manual shall describe; roles and responsibilities, utility coordination processes,

utility report fonnat, checklists, and fonns . This task will include a kickoff meeting with

stakeholders (including key utility providers), infonnation collection, and preparation of

the manual.

Task 10 - Prepa[ a R/W Acquisition Process*; Fee· 112,700

The PDT shall produce a right-of-way acquisition process for the CTIP. This process

shall conform to the Uniform Relocation Assistance and Real Property Acquisition

Policies

Act

of 1970 (Unifonn Act). It shall include, but not be limited to establishing a

standard policy for: title searches

and

deed work, appraisals, right-of-way exhibits,

property acquisition negotiations, property acquisition approval authority hierarchy,

property acquisition close-out documents, condemnation proceedings, project right-of

way certifications.

For the Right-of-Way

RJW)

Acquisition process, the PDT will investigate the following:

• SCOOT owned Roadways

o

Review

SCOOTs

acquisition procedures

for

application to the Richland

County Transportation Program (Program)



Scope of Services Fee Proposa l for Limited N

ot

ice-to-Proceed (LNTP

Richland Coun

ty

Trans

portat

ion Pe

nny

Sales Tax Program Developme

nt

July 15, 2014

Amendment One, July 21, 2014

o

Review Richland

County

's current

RN

acquisition procedures

for

possible

conflicts with the Intergovernmental Agreement (IGA)/SCDOT's RNV

procedures.

o

Identify current Richland County procedures that may be in conflict with

SCOOT procedures

o Identify areas to streamline the R/W acquisition process

• Richland County-owned Roadways

o

Review local procedures

for

application to the Program

o Identify areas to streamline the R/W acquisition process

Utilizing the information gleaned from the R/W Acquisition process investigation, a R/W

acquisition guideline will be established

for

this Program. This guideline would be

reviewed and approved

by

the County.

Ms. April James of iRealty International, through a Mentor-Protege program with Davis

Floyd, will

be

trained

in

the various activities

of

the R/W program to become a R/W

agent. Over the next three months, she will work with the R/W Manager on developing

the

RNV

Acquisition guideline. This will allow

her

to learn SCDOT's R W Manual and

discuss the similarities and differences between acquiring

R W

for SCOOT-owned

roadways versus Richland County-owned roadways.

Task 11 - Finalize scope

for the

SE Richland Neighborhood Improvements *;

ee - 93.028

T

he PDT

will conduct two public information meetings and develop a conceptual plan

report

fo r

:

• US 378 (Gamers Ferry

Road)

East: from S-37 (Lower Richland Boulevard)

to

Hunting Creek Road, approximately 1 mile.

• US 378 (Gamers Ferry Road) West: from Gamers Ferry Sports Complex to S-37

Lower Richland Boulevard), approximately 0.8 mile.

• Rabbit Run Connector: a

new

road from US 378 (Garners Ferry Road) to S-

2089 (Rabbit Run), appr

oximately

0.5 miles.

This report will refine the project scopes and estimates for the SE Richland

Neighborhood Improvements. The Conceptual Pl

an

Report will include:

o Project cost estimate

u Project Schedule

o R/W Impacts

o

Public Comment Summary

o Other pertinent information

o Potential Environmental Impa

ct

s

7



Scope of Services & Fee Proposal

for

Limi

ted Not

ice-to-Proceed (LNTP)

Richland County

Transportation

Penny

Sa

les Tax Program Develop

ment

July 15 2014

Amendment One, July 21 2014

Task

12 -

Init

iat

e

the P

ublic

Involv

eme

nt

Plan

for

th

e Program*; Fee - 171,175

The PDT will develop and initiate the Public Involvement Plan for the program. This will

include; Media Kits, Initial stakeholder meetings, and development

of

public meeting

materials. This task will also include the development

of

the website with:

• Logo Creation & Brand development

• Graphics

• Initial content

• Social media pages - Facebook and Twitter

The fee for this task also includes the Public Relations director time for the first 90 days.

Task 13 - Development of Pr

oc

urement Processes*: Fee - 105,000

The PDT will coordinate with County Procurement, SLBE staff and County Attorney's

office to begin the implementation of each

of

these procurement activities. This will

include extensive coordination meetings with the County's Procurement Department to

develop streamlined strategies and documents for the Penny Tax Program. These

efforts will be led by the Team's Procurement Director (Dale Collier) and Procurement

Manager (Nancy Hilliard). Procedures will be established to expedite Owner signature

of documents, pay application reviews, etc. so as not to slow down payment processes.

The standardization

of

project procurement documents

will

also be reviewed as the

County's Legal Counsel may have to be engaged to review suggested improvements.

Similar coordination meetings will

be

initiated with the County's SLBE Department to

establish guidelines and tracking mechanisms for the program. The Team's MBE

Coordinator (Miguel Camacho) will work with the SLBE Department to merge

documents utilized on other projects with County Requirements.

Task

14-

Procu

re

me

nt for Co

mmuni

ty

Develo

pment Block

Grant Projects*:

Fee - 5,000

The PDT will prepare procurement bid documents and facilitate the procurement

of

contractors for the following Community Development Block Grant

road

paving projects:

• Pleasant Grove

• Simon Weston Road

• Sumpter Road

• PR Webber Road

8



Scope

of

Services

& Fee

Proposal

for Limited

Notice-to-Proceed (LNTP)

Richland

County

Tr

ansportatio

n Penny Sales Tax Program Development

July 15, 2014

Amendment

One, July 21, 2014

Task

5

CEI

for

Package

D

and

4 CDBG Roads;

Fee·

$89.550

The PDT will perform Construction Engineering and Inspection (CEI) services for two

dirt road paving projects. The first project is Package D , three dirt roads (Boylston,

Overlook, and Dunes Point with a length of 1.22 miles t o t l ~ It

will

have 150 days for

contract time from NTP which is tentatively set for July 9 . The second project is 4

CDBG Roads that are a total length of .7 miles.

Fee Summary

•Task

Description

Amount

1

Project a n a ~ e m e n t

400,000

2

Mobilization

560,878

3 Validation of Project Scopes & Estimates

245,000

4 Project Ranking

98,333

5

Project Delivery Plan

86,233

Development of Design Build Packages-6

6

Intersections

410,000

Compile Resurfacing Contracts

18,400

-

8 Implementation of Project Controls

125,408

9 Prepare Utility Coordination Manual

55,750

10 Prepare a

R W

Acguisition Process

112,700

Finalize scope for

the

SE Richland

Neighborhood

11

fmprovements

93,028

12

Initiate the Public

Involvement

Plan for

the program

171

,175

13

Development of Procurement Processes

105

,

000

Procurement for Community Development Block

14

Grant Projects

5,000

15

CEI for Package D and 4 CDBG Roads

I

89,550

Subtotal:

2,576,455

10% Contingency

I

257,645

-

Total:

2,834,100

Tasks

16

&

17

shall be funded by the

10

Contingency. The

PDT shall

receive written notification from the

County

to

fund any additional itemsnot specified in this scopeof

services

by the contingency.

9



Scope

of

Services

&

Fee Proposal for

Umlted

Notice-to-Proceed (LNTP)

Rlchland County Tr•nsportatlon PennySales Tax Program Development

July 15, 2014

mendment

One, July 21, 2014

Start

of

mendment

One

Task

16

Development

of

A

ccountin

g & Invoicing Processes;

Fee·

80,000

The PDT will coordinate with County Finance Department and Transportation

Department staff to develop approved accounting processes for the CTIP. This

will

include extensive coordination meetings with the County's Finance Department to

develop streamlined strategies and documents for the Penny Tax Program. An

Accounting Procedure Manual will be written to Include all of the accounting processes

for the entire program. This procedure manual will include at a minimum the following:

procedures to control costs: tracking costs by project, Federal and State Grants

expenditures, invoice formats, invoice approval, invoice entry, job cost posting, project

retention procedures, check writing, fund transfer, fund source tracking, bank

reconciliation, month end job cost reporting and monthly cash flow projection with actual

and forecasted expenditures by project. The Accounting Procedure Manual developed

with the oversight of the County Finance Director shall comply with all Standard

accounting procedures.

Task 17. Purchase Pool Vehicles and

Equipment

Acquire two to four vehicles for use by County employees and PDT employees.

Vehicles will become the property of the County at the conclusion of the CTIP. Vehicle

operational maintenance, and insurance costs shall be the responsibility

of

the PDT

Task

17

Estimated Cost is

50,000

to

100,000.

Total Estimated Cost for Task 16 and 17 is 130,000 to 180,000

10



EXHI IT

To The

Program anageme

nt greemen

t

Richland

County



xhibit

J

SL E

Subcontractors and mounts

at

the

time

of

the

Effective Date of

the

Agreement

ctober

28, 2014

SL E

Subcontractor

Amount*

Brownstone Construction Group

27,500,000.00

Campbell Consulting Group

1,500,000.00

BANCO

1,500,000.00

OLH 6,900,000.00

Tolleson 3,750,000.00

iRealty 313,000.00

Newman Law Firm 398,000.00

Total 41,861,000.00

*

based on 81.9mm estimated contract value

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