1 RFB.pdf

Page 1 of 18 _______ Initials

REQUEST FOR BID

(RFB)

REQUESTOR: City of Georgetown

1134 North Fraser Street

Georgetown, SC 29440

Contact: Nereo Parreno, Purchasing Agent

Email: nparreno@georgetownsc.gov

Phone: 843.545.4046

PROJECT NAME: Christmas Lights on Front Street

DATE OF ISSUE: Wednesday, August 13, 2025

DUE DATE: On or before 2:00 PM EST (local time) Wednesday, September 10

Bids must be submitted electronically through the City’s website, www.georgetownsc.gov. The

City will not accept proposals by hard copy, fax, or email.

For instructions on how to submit your quote electronically, please refer to the City’s website, click here for a direct link.

mailto:nparreno@georgetownsc.gov mailto:nparreno@georgetownsc.gov http://www.georgetownsc.gov/ https://www.georgetownsc.gov/governmental_services/departments/finance/bids__rfps.php

Page 2 of 18 _______ Initials

TABLE OF CONTENTS

Topic Page

Important hyperlinks and email address 3

Communication 3

Background 3

Purpose/Scope of Work/Specifications 4

Site Visit 6

Process 6

Award 6

Protest Procedure 7

Questions 7

Milestone 8

Schedule of Event 8

Submittal Instructions 10

General Contractual Requirements 15

Exhibits 18

Page 3 of 18 _______ Initials

Important hyperlinks and email addresses:

1. City of Georgetown website

2. City of Georgetown Public Facebook

3. City of Georgetown Purchasing Ordinance in its entirety.

4. All available project documents

5. All questions must be in writing and emailed to: purchasing@georgetownsc.gov.

Communication

The City of Georgetown's policy is to commit to transparency, ensure impartiality, and complete procurement processes free of internal and external influences. To accomplish this policy, ex parte communication about the bid, between the time of commencement of preparation of the solicitation document and the bid award (written or oral), is prohibited. Therefore, potential respondents and/or respondents submitting proposals, bids, qualifications, quotes, etc. shall not engage in communication with any City employee, including elected officials, except the City official(s) designated as the contact in the Solicitation Document.

Any communication outside the one between the designated City contact in the Solicitation Document and respondents shall be considered ex parte communication and shall not be relied upon. The City shall disqualify any potential respondent and/or respondent’s proposal if the City discovers that the potential respondent and/or respondent engaged in ex parte communication.

City employees and/or elected officials shall neither initiate nor engage in ex parte communication with the potential respondent and/or respondents.

Background

The City of Georgetown (City) is an incorporated municipality with a population of nearly 9,000 residents. The City is located 60 miles north of Charleston and 36 miles south of Myrtle Beach. It is the endpoint of the area commonly known as “The Grand Strand.” The Winyah Bay borders the City to the east and the Sampit River to the south. Tourism is a significant economic driver in the area and local industries, such as International Paper and Tidelands Hospital. The City is the county seat and operates under the Mayor-Council form of government as outlined in the State of South Carolina

Code Chapter II, Article I, Section 2-1. Additional information is available on our website at www.georgetownsc.gov.

https://www.georgetownsc.gov/ https://www.facebook.com/cityofgtown/ https://cms7files.revize.com/georgetownsc/Document%20Center/Government/Department/Finance%20Documents/Forms/Procurement%20Policy.pdf https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=4a9920b8-7411-40a3-b333-0d07f00f270c mailto:purchasing@georgetownsc.gov

Page 4 of 18 _______ Initials

Purpose

The City of Georgetown, South Carolina, is seeking bids from qualified contractors for the installation, maintenance, removal and storage of commercial-grade mini Christmas light strands throughout designated areas of the downtown district. The goal of this project is to enhance the festive atmosphere and holiday spirit in downtown Georgetown.

Locations

1. Front, Queen to King Street - 87 Oak Trees

2. Frances Marion Park – 4 Cypress Trees

3. Rainey Park – 11 trees and 17 shrubs

4. Constitution Park – 5 Trees

5. Palmetto Park – 5 trees

6. Front St from Queen St to Alex Alford Drive - 142 Light Poles

7. Harbor Walk – 1 sign

Scope of Work

• City of Georgetown will provide the lighted garland and bows for the 142 light poles for

2025. The successful bidder must coordinate with the Electric Department to arrange pickup of the materials for installation.

• All 87 Oak trees must be wrapped using commercial quality mini lights strands from the base of the trunk up to the lowest extending branches, and then out along those branches for a minimum of 6 feet. A dense wrap of 3 inches spacing is required on the interior sections.

• The four (4) Cypress trees in Frances Marion Pak must be wrapped using commercial quality lights strands. These trees are to be trunk-wrapped only, up to the height of the lowest extending branches, with a dense wrap on the outer surface.

• Five (5) trees in Rainey Park must be trunk-wrapped only up to the height of the lowest extending branches using commercial-grade mini light strands. The other six (6) trees must be wrapped from the base of the trunk up to the lowest extending branches and then out along those branches for a minimum of 6 feet, also using commercial-grade mini light strands. A dense wrap with 3-inch spacing is required on the interior sections. Additionally, commercial-grade light strands must be installed on the 17 shrubs in the park.

• The ten (10) trees in Constitution (5) and Palmetto Park (5) must be wrapped in the same manner as the 87 Oak trees.

• A garland with large red bows with mini lights must be installed on the Harbor Walk sign.

• Ensure that all lights are securely mounted and properly connected.

• Verify that all lights are functioning correctly upon installation.

• Use appropriate safety equipment and follow all safety regulations during the installation.

• The installation shall take place between November 3, 2025, through November 26, 2025.

• Since not all trees have access to power, it is the installer’s responsibility to ensure each tree is safely illuminated in accordance with applicable electrical codes.

Page 5 of 18 _______ Initials

Maintenance

Regular Inspections:

• Perform inspections of the installed lights to ensure they are operational and in good condition.

• Identify and address any issues such as burned-out bulbs, faulty wiring, or other maintenance concerns.

Repair and Replacements:

• Replace any defective bulbs or components promptly.

• Perform necessary repairs to ensure the longevity and safety of the lights strands.

Removal

• Conduct a pre-removal inspection to ensure all lights are ready for safe removal.

• Ensure that removal is done in a manner that does not damage existing infrastructure or property.

• All lights shall be removed between January 2, 2026, and January 12, 2026, but no later than January 30, 2026.

Storage

• It is the responsibility of the winning bidder to store the Christmas lights and related equipment in a secure and appropriate manner.

• The lighted garland and bows from the 142 light poles must be returned to Electric

Department.

Cost

The grand total indicated on Exhibit A and B shall include ALL cost of labor, materials, installation, maintenance, removal, and storage. Any request for adjustments to the winning bid will not be accepted.

The City of Georgetown reserves the right to adjust or amend the work requirements and/or negotiate with the lowest, most responsive, qualified, and responsible Bidder in an effort to reach a cost that is fair, reasonable and acceptable to the best interest of the City.

Page 6 of 18 _______ Initials

Site visit

Site visit is MANDATORY prior to submitting their bid to become familiar with the surrounding conditions. A site visit is crucial to ensure that bidders fully understand the scope of work and the conditions under which the project will be executed. Failure to attend the site visit will result in disqualification of the bid submission.

Monday, August 25, 2025, 10:30 am, The George Hotel sidewalk– 615 Front, Street, Georgetown

Process

The City will conduct the selection in the following manner:

1. The RFB Form documents will be available on our website. Bids will be received and evaluated as described in this RFB.

2. Proposals will be publicly opened and read aloud via the City’s public Facebook page, https://www.facebook.com/cityofgtown.

3. The best qualified, lowest responsible, and responsive Bid will be presented to the

Georgetown City Council or City Administrator for approval, as required.

4. After the City Council or City administrator approval, the Notice of Award will be issued.

Award

Submission of a Bid indicates acceptance by the Contractor of the conditions contained in this RFB.

Contract shall be awarded to the best qualified, and lowest responsive and responsible Contractor.

The City shall have the sole discretion in determining the lowest responsive and responsible bid.

A. The ability, capacity, and skill of the bidder to perform the contract to provide the service required;

B. Whether the bidder can perform or provide the service promptly, or within the time specified, without delay or interference;

C. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

D. The quality of performance of previous contracts or services similar to services being sought in this RFB;

E. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services;

F. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

G. The quality, availability, and adaptability of the supplies or contractual services to the particular use required;

H. The ability of the bidder to provide services for the nature of the requirements of an awarded contract as required in the RFB; and https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=4a9920b8-7411-40a3-b333-0d07f00f270c https://www.facebook.com/cityofgtown

Page 7 of 18 _______ Initials

I. Whether the bidder has met the criteria of the RFB specifications, terms and conditions of the RFB.

Protest Procedure

In accordance with the City’s Procurement Ordinance, any protest or objection to this RFB award process must be submitted in writing to the City of Georgetown, Attn: Nereo Parreno, Purchasing Agent, PO Drawer 939, Georgetown, SC 29440, within ten (10) calendar days of the notification of award posted to the City’s website.

Questions No answers will be given over the phone.

Questions regarding this RFB should be submitted in writing and emailed to purchasing@georgetownsc.gov, no later than 2:00 PM EST (local time), Friday, August 29,, 2025.

For questions regarding the City’s Request for Bids process, please contact purchasing@georgetownsc.gov, no later than the aforementioned deadline.

Please note - if you do not receive confirmation from the City that your email was received before the deadline, it is the sole responsibility of the bidder to contact the purchasing agent at

843.545.4046.

No questions will be accepted after the aforementioned deadline. All submittals shall include the following in the subject line: Christmas Lights on Front Street.

Answers to questions or Addenda will be posted on the City’s website as an Addendum no later than 2:00 PM EST (local time), Wednesday, September 3, 2025.

Page 8 of 18 _______ Initials

Schedule of Events

No. MILESTONE EVENTS DATE

TIME

EST

(LOCAL

TIME)

1 Request for Bids (RFB) Release Date Wednesday, August 13, 2025

Mandatory site visit - Meet on The George Hotel sidewalk, 615 Front St., Georgetown, SC 29440 Monday, August 25, 2025

10:30

AM

Deadline for written questions - emailed to:

purchasing@georgetownsc.gov Friday, August 29 2024 2:00 PM

Deadline for addenda to be posted to the City's website, www.georgetownsc.gov Wednesday, September 3, 2025 2:00 PM

5 Bids Due Date Wednesday, September 10, 2025 2:00 PM

6 Notice of Award (tentative) October, 2025

7 Notice to proceed (tentative) November, 2025

Page 9 of 18 _______ Initials

When the Procurement Division is closed due to force majeure, bid openings will be postponed to the same time on the next official business day. The vendor is responsible for obtaining information regarding bid submittals directly from the City’s website .

Procurement procedures are subject to the City’s procurement policies as outlined in Section 2-

185 of the City’s Municipal Code (Chapter (Administration), Article IV (Procurement)). The

City’s Procurement Ordinance can be found in its entirety on the City’s website .

The City reserves the right to change the project schedule as it deems necessary. In the event of a major date change, the City will post such notice on the City’s website and notify known participants. The City reserves the right to issue addenda to this RFB up to two (2) days before the

RFB due date as needed to clarify the City’s desires or to make corrections or changes to the RFB document or submittal process.

The City reserves the right to request additional information from any and all prospective bidders or individuals deemed necessary by the City to evaluate the bids. However, this process may not be used as an opportunity to submit missing documentation, missing information, or to make substantive revisions to the original bid.

The City reserves the right to cancel or reissue the RFB and/or revise the schedule at any time. The

City reserves the right to award the contract in the aggregate, by individual location, or any combination, whichever is in the best interest of the city.

The City also reserves the right to accept or reject any or all bids deemed in its best interest and to accept all or part of the scope of work herein as its project timeline and/or budget allows.

All information will be updated and posted on the City’s website

It is the bidder’s sole responsibility to obtain the information directly from the City’s website regarding this project.

The bidder will acknowledge receipt of all issued addenda in their submittals, if applicable.

No: Dated: _

Page 10 of 18 _______ Initials

Submittal Instructions

The bid price shall be valid for a period of 60 calendar days from the date of bid opening.

Bid proposals must be signed by a legal duly authorized officer of the bidder submitting the Bid.

By initialing the bottom of each page of this RFB document, the bidder represents that (1) their representatives have read and understood the solicitation and (2) their bid is made in compliance with this solicitation. The bidder’s representatives are expected to examine this RFB thoroughly and request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements. Failure to do so will be at their risk.

All procurement procedures are subject to the City’s procurement policies as outlined in Section

2-185 of the City’s municipal code.

The City’s Purchasing Ordinance can be found in its entirety on the City’ s website.

It is the sole responsibility of the bidder to have their quotes delivered to the City before the closing hour and date. The City assumes no responsibility for technological failure in submitting bids electronically. It is the sole responsibility of the bidder to consider that their quote was submitted on time, and that their PDF file/files are not corrupt.

Submittals may be rejected if deemed non-responsive. To be considered responsive, interested parties must submit the following no later than the aforementioned deadline.

The City WILL NOT accept bids by:

Hard copy

Fax

Email

Page 11 of 18 _______ Initials

1. Submit quote electronically through the City’s website, www.georgetownsc.gov.

Click here to submit electronically.

Submittal package must include all of the following items.

1. Bid Table – Exhibit A

2. Bid Form – Exhibit B

3. Exhibit C - Complete Mandatory Local Vendor Submittal Form

4. Complete Initialed copy of this RFB document - (Place the responsible person’s initials on each page)

2. The City reserves the right to waive any minor informalities and irregularities of submittals that do not affect price, quantity, quality, or delivery. Minor informalities to include: failing to initial the bid, failing to acknowledge addenda, or not submitting the Local Vendor

Preference Option Form, will not, by themselves result in a submittal being deemed non-responsive. The City will request that any and all contractors correct the minor informality or irregularity within the same specified time.

3. Bid must be received electronically through the City’s website, www.georgetownsc.gov, no later than the aforementioned deadline. Quotes will be publicly opened and read aloud via the City’s public Facebook page, https://www.facebook.com/Cityofgtown/. It is the sole responsibility of the bidder to have their quotes delivered to the City before the closing hour and date. The City assumes no responsibility for technological failure in submitting quotes electronically. It is the sole responsibility of the bidder to consider that their quote was submitted on time, and that their PDF file/files are not corrupt.

Late quotes will not be accepted nor considered. The official clock shall be that of the

City’s Purchasing Agent, or designee. The City reserves the right to accept or reject any or all quotes and to waive any informalities and technicalities in the quote process. No additional fees, costs, or any other reimbursable expenses will be allowed

4. This solicitation does not commit the City to award a contract. The City reserves the right to waive any technicalities or informalities and to accept or reject any and/or all submissions as deemed by its sole judgment to be in its best interest. The City also reserves the right to terminate the selection process without notice, to waive any irregularities in any submittal, and to request additional information from any of the contractors submitting a bid.

http://www.georgetownsc.gov/ https://vrapp.vendorregistry.com/Bids/View/BidsList?BuyerId=4a9920b8-7411-40a3-b333-0d07f00f270c https://www.facebook.com/cityofgtown/

Page 12 of 18 _______ Initials

5. Any bidder may withdraw their bid only by written request, at any time prior to the scheduled opening of responses. Partial or incomplete bids may be rejected.

6. All costs incurred in preparing the bid, or costs incurred in any other manner by the bidder in responding to this RFB, will be wholly the responsibility of the bidder. All materials and documents submitted by the bidder in response to this RFB become the property of the

City and will not be returned.

7. Any proprietary information contained in the bid should be so indicated as follows:

Vendor Disclosure

Notice of SC Freedom of Information Act

“The parties acknowledge that all material submitted may be subject to release under the South Carolina Freedom of

Information Act (FOIA) and will be released to the public unless exempt from disclosure under the FOIA.”

We discourage you from including any information you consider propriety or trade secret, as this material is subject to the FOIA once it’s in the City’s possession. If you must include any such information in your submission, please identify it by color, labeling, and/or bold font as “PROPRIETARY INFORMATION” so that it can be readily recognized. In the event the City receives a request for this material, the City will notify those parties who have identified information they believe is proprietary or trade secret of the request. The

City has a ten (10) day deadline to respond to the request. This is your window to file an action challenging the release. Please be on notice that if the City is not served with such an action, the information will be released.

8. Bids must be made in the official name of the company or individual under which business is conducted (showing official business address) and must be signed in ink by a person duly authorized to legally bind the person, partnership, company or corporation submitting the bid. Bids having any erasures or corrections must be initialed in ink by the vendor.

9. Disqualification and Rejection of Bid – The City reserves the right to reject any bid from a bidder who has failed to perform satisfactorily, or complete on time, or in a manner consistent with the RFB documents, contract of similar nature, or to reject the bid from a bidder who is not in a position to perform such a contract satisfactorily. The City expressly reserves the right to award the contract to the bidder that best meets the requirements as set forth herein.

10. Assignment of Contract – Assignment to the selected bidder of any contract to be entered into in accordance with this RFB will not be recognized by the City unless such assignment has prior written approval of the City.

Page 13 of 18 _______ Initials

11. Insurance Provisions - The selected proposer will be required to provide and maintain proof of insurance throughout the contract term and as required at point of contract negotiation by the City’s Risk Manager as follows:

Commercial General Liability:

Each Occurrence $1,000,000

General Aggregate $2,000,000

Automobile Liability:

Combined Single Limit $1,000,000

Workers' Compensation:

Statutory Limits

The City of Georgetown is to be named as “Additional Insured” on the above insurance coverage as respect to the City’s interest under the contract. Certificates showing proof of insurance shall be submitted to the City prior to commencement of services under the

Agreement. Further, it shall be an affirmative obligation upon the bidder to advise the

City’s Risk Management Department within two (2) days of the cancellation herein at one of the following options below:

Email – askidmore@georgetownsc.gov

Fax - 843.527.6173

Mailing address - PO Box 939, Georgetown, SC 29442 or

Physical address - 1134 N. Fraser Street, Georgetown, SC, 29440

Failure to do so shall be construed to be a breach of the agreement:

12. Indemnification - The selected bidder agrees to indemnify, defend and hold harmless the

City and their authorized officers, employees, agents, and volunteers from any and all claims, actions, losses damages, and/or liabilities arising from their acts, errors, or omissions and for any costs or expenses incurred by the City therefore under an agreement.

13. Compliance With Law – The selected bidder and its agents and employees shall be bound and comply with all federal, state and local laws, ordinance rules and regulations, as well as all other governing bodies having legal jurisdiction with respect to the area where such work is performed.

mailto:askidmore@georgetownsc.gov

Page 14 of 18 _______ Initials

14. City Business License and Permits – The selected bidder shall be required to obtain all applicable City permits and business licenses prior to work commencing. Contact Revenues

Manager, or 843.545.4041, for business license information. Contact the Planning &

Community Development Department at 843.545.4017 for permitting information. These expenses shall be included in the total bid cost.

15. Payment terms – payment will be made after equipment is delivered to the City’s yard and warranty letter and start-up test reports have been provided.

16. Bid Security - In an amount equal to or at least five percent (5%) of the amount of the bid shall be required for all competitive bidding for construction contracts exceeding $100,000.

Bid security shall be a legitimate bid bond provided by a surety company authorized to do business in South Carolina or the equivalent in cash, certified check, cashiers ‘check, or money order. The City, at its option, may require bid bonds on construction contracts under

$100,000 when the circumstances warrant. Noncompliance with this provision mandates that the City rejects the bid. Bid Security will be returned to the unsuccessful bidders upon contract award by the Purchasing Agent.

17. Payment and Performance (P & P) Bonds - When a construction contract is awarded in excess of one hundred thousand dollars ($100,000) the following bonds or security shall be delivered by the successful bidder to the City and shall become binding on the parties upon execution of the contract. Bid or performance bonds shall not be used in substitution for determination of bidder’s responsibility.

(a) A Performance Bond shall be in an amount equal to one hundred percent (100%) of the contract amount; and

(b) A Payment Bond for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work shall be in an amount equal to one hundred percent (100%) of the contract amount.

Page 15 of 18 _______ Initials

General Contractual Requirements

1. Force Majeure - The bidder shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the bidder. Such causes may include, but are not limited to acts of God or of the public enemy, acts of Governments in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restriction, strikes, freight embargoes, and unusually severe weather;

but in every case the failure to perform must be beyond the control and without the fault or negligence of the bidder.

2. Governing Law - Except to the extent that this agreement may be governed by any federal law, including federal bankruptcy law, this Agreement shall be governed by, constructed and interpreted under, and enforced exclusively in accordance with the laws of the State of

South Carolina, and the courts in the State of South Carolina shall have jurisdiction with respect to any dispute arising hereunder.

3. Bidder Qualifications – The bidder must, upon request of the City, furnish satisfactory evidence of its ability to furnish products and/or services in accordance with the terms and conditions of this RFB. The City reserves the right to make the final determination as to the bidder’s ability to provide the services herein.

4. Bidder Responsibility – Each bidder shall fully acquaint him/herself with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this

RFB. It is expected that this will sometimes require on-site observation. The failure or omission of the bidder to acquaint him/herself with existing conditions shall in no way relieve him/her of any obligation with respect to this RFB or to a contract.

5. Affirmative Action - The bidder will take affirmative action in complying with all federal and state requirements concerning fair employment and employment of the handicapped, and concerning the treatment of all employees without regard or discrimination by reason of race, color, religion, sex, national origin or physical handicap.

6. Women and Minority Business Enterprise (WMBE) Statement - It is the policy of the City to provide minorities, and women equal opportunity for participating in all aspects of the

City’s contracting and procurement programs, including but not limited to employment, construction projects, and lease agreements consistent with the laws of the State of South

Carolina. It is the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, religion, sex, age, handicap, or veteran status. It is further the policy of the City to conduct its contracting and procurement programs so as to prevent such discrimination and to resolve any and all claims of such discrimination.

Page 16 of 18 _______ Initials

7. Termination - Subject to the following provisions, any contract resulting from this request for bids may be terminated by the City provided a thirty (30) day advance notice in writing by the City Administrator, or his designee, is given to the bidder:

7.1 Non-Appropriations - Funds for this contract are payable from local appropriations. If sufficient appropriations are not made to pay the charges under the contract it shall terminate without any obligation to the City.

7.2. Convenience - In the event that a contract is terminated or canceled upon request and for the convenience of the City without the required thirty (30) day advance written notice, then the City shall negotiate reasonable termination costs, if applicable.

7.3 Cause - Termination by the City for the cause, default or negligence on part of the bidder, shall be excluded from the foregoing provisions; termination costs, if any shall not apply. The thirty (30) day advance notice requirement is waived and the default provision herein shall apply.

7.4 Default – In case of default by the bidder, the City reserves the right to purchase any and all items/services in default in open market, charging bidder with any excessive costs.

SHOULD SUCH CHARGE BE ASSESSED, NO SUBSEQUENT BIDS OF THE

DEFAULTING BIDDER WILL BE CONSIDERED UNTIL THE ASSESSED CHARGE

HAS BEEN SATISFIED.

8. Prime Bidder Responsibilities - The bidder will be required to assume sole responsibility for the complete effort as required by this RFB. The City will consider the bidder to be the sole point of contact with regard to all contractual matters.

9. Subcontracting - If any part of the work covered by this RFB is to be subcontracted, the bidder shall identify the subcontracting organization and the contractual arrangements made therewith at the time of the offer. All subcontractors must be approved by the City. The successful bidder will also furnish the corporate or company name and the names of the officers of any subcontractors engaged by the bidder.

10. Ownership of Material – All materials and documents submitted by the bidder in response to this RFB become the property of the City and will not be returned to the bidder.

11. Compliance with City, State, and Federal Requirements – State and Federal requirements that are more restrictive than these set forth herein shall be followed by the bidder.

12. Contract Amendments –Amendments to any agreement between the City and the bidder must be reviewed and approved in writing by the City Administrator or his/her designee.

13. Assignment - No contract or its provisions may be assigned, sublet, or transferred without the written consent of the City Finance Department.

Page 17 of 18 _______ Initials

14. Records Retention and Right to Audit – The City shall have the right to audit the books and records of the bidder as they pertain to this contract. Such books and records shall be maintained for a period of three (3) years from the date of final payment under contract.

15. The City may conduct performance audits of the bidder, as determined necessary by the

City. Pertaining to all audits, the bidder shall make available to the City, access to its computer files containing the history of the contract performance and all other documents related to the audit. Additionally, any software used by the bidder shall be made available for auditing purposes at no cost to the City.

16. Independent Contractor Status - The parties hereby agree that the contractor is an independent contractor of the City and that nothing in an agreement with the City shall be deemed to place the parties in a relationship of employer/employee, partners, or joint ventures. Neither party shall have the right to obligate or bind the other in any manner.

Each party agrees and acknowledges that it will not hold itself out as an authorized agent with the power to bind the other party in any manner. Each party shall only be responsible for any withholding taxes, payroll taxes, disability insurance payments, unemployment taxes, or other similar taxes or charges with respect to its activities in relation to the performance of its obligations of an agreement.

17. Representations of Bidder – Bidder represents, warrants, and covenants that:

(a) In providing the services bidder shall utilize the care and skill used by members of the bidder’s profession practicing under similar circumstances at the same time and in the same locality.

(b) All employees provided by the bidder to the City shall have the qualifications, skills, and experience necessary to perform his/her job in accordance with the requirements of the agreement. The City may request removal of any employee for good cause.

(c) Bidder is a business, validly existing and in good standing under the Laws of the State of South Carolina.

18. Indemnity Provisions - Bidder agrees to and shall indemnify and hold the City harmless from and against all liability, loss, damages or injury, and all costs and expenses (Including attorney fees and costs of any suit related thereto) suffered or incurred by the City, arising from or related to the terms of this project, or bidder’s performance thereunder.

Page 18 of 18 _______ Initials

19. City Business License and permits –The selected bidder shall be required to obtain all applicable City permits and business licenses prior to work commencing. Contact

Revenues Manager, or 843.545.4041, for business license information. Contact the

Planning & Community Development Department at 843.545.4017 for permitting information. These expenses shall be included in the total bid cost.

Exhibits

A) Bid Table

B) Bid Form

C) Mandatory Local Vendor Submittal form