contract for three firms for penny tax program
TRANSCRIPT
7/23/2019 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
7/23/2019 Contract for three firms for Penny Tax Program
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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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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).
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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(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.
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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.
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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.
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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
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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;
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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.
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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
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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.
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(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.
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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
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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
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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);
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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,
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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
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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.)
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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.
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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
~ -
-
-
~ - - ~ ~ ~ ~
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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
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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
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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
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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
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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
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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.
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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
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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
.
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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.
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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
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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
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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 ;
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
.
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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
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EXHIBITC
To The
Program Management greement
Richland
County
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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
7/23/2019 Contract for three firms for Penny Tax Program
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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
<eways 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
7/23/2019 Contract for three firms for Penny Tax Program
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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
7/23/2019 Contract for three firms for Penny Tax Program
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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.
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• •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
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EXHI ITD
To The
Pr
ogram anagement greement
Richland
Cou
nty
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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
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Brownstone Construction Group
Certification No C-
14 105
Valid Until July 2 2016
NAJCS: 236220
Certified for: Commercial
and
Ins
titutional Building
Const
Issu
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Campbell Consulting Group
Certification
No.
P-14-308
Valid Until August 1 2016
NAICS:
5
41
820
Issued
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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
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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
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EXHI ITE
o The
Program Mana
g
ement
greement
Richland County
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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
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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
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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
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X I
ITF
To The
Program
anagement
greement
Richland County
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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.
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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
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EXHI IT G
To The
Program
Management
greement
Richland ounty
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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.
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EXHI ITH
To
The
Program Management
greement
Richland
ounty
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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
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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
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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
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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
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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
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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
·
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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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,
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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.
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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
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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)
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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)
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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)
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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
£
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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:
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IGA-25-14
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26
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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
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EXHI IT I
To The
Program
anagement
greement
Richland County
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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:
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
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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
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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
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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
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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
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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
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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.
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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.
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Scope of Se
rvic
es
&
Fee Proposal for Limited Notic•to Proceed (
LNTP)
Richland County Transportation Penny Sales Tax Program Development
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.
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Scope
of
Services & Fee Proposal
for
Umited Notice-to-Proceed (
LNT
P
Richland County Transportation Penny Sales Tax Program Development
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)
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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
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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
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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.
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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
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EXHI IT
To The
Program anageme
nt greemen
t
Richland
County
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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