RFP 25-09 Professional Engineering/Consultant Services (On Call) Page 1 of 54

REQUEST FOR PROPOSALS

#25-09

Professional Engineering/Consultant Services (On Call)

Oconee County, SC Issued: May 8, 2026

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Procurement Office 415 South Pine Street Walhalla, SC 29691

Phone: (864) 638-4141 Fax: (864) 638-4142

OCONEE COUNTY, SOUTH CAROLINA

PROFESSIONAL ENGINEERING/CONSULTANT SERVICES (ON CALL)

FOR VARIOUS OCONEE COUNTY DEPARTMENTS

RFP DUE DATE/TIME: Tuesday, June 16, 2026 @ 2:00PM

RFP NUMBER: 25-09

POINT OF RECEIPT: Procurement Office, Attn: Tronda C. Popham

Procurement Director Oconee County Administration Offices 415 South Pine Street Walhalla, SC 29691

Proposals shall be submitted by the RFP Submittal Deadline, Tuesday, June 16, 2026 @ 2:00PM. Proposals will ONLY be accepted electronically via the County’s Procurement Portal which can be accessed using the following link. If the link does not direct you to the site, please copy and paste in your browser.

https://oconeesc.bonfirehub.com/portal/?tab=openOpportunities

All questions regarding this solicitation must be submitted in writing via the procurement portal. Questions will be answered via the procurement portal as well. The last day for questions is Tuesday, May 26, 2026 @ 2:00pm.

Vendors who have downloaded an original solicitation will receive email notification if any addendums have been issued for that solicitation. However, it is still the Offeror’s responsibility to check the procurement portal for any issued addendums prior to submitting their qualifications.

Inquiries - All inquiries concerning this proposal shall be addressed to the Procurement Office.

Contact with other departments or County representatives without permission of the Procurement Director may render your proposal void.

This solicitation includes multiple categories. You may choose which category or categories you want to submit a proposal for, and you are not limited in the number of categories you select. While you may submit the same proposal across multiple categories, each submission must clearly indicate the specific category it applies to. For example, if you are applying for Category A – Planning, your proposal must explicitly state “Category A – Planning” and include sufficient detail demonstrating your planning experience so the evaluation committee can accurately assess and score your submission.

Multi-Category Submission Instructions can be downloaded within the project. It will be a separate downloadable file from the RFP document.

Oconee County complies with all South Carolina and Federal laws that prohibit discrimination on the basis of race, sex, age, religion, color, national origin and disability.

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Table of Contents

SECTION 1 GENERAL INFORMATION & INSTRUCTIONS

SPECIAL CONTRACTUAL TERMS AND CONDITIONS

EXHIBIT A to SECTION 1 EVALUATION CRITERIA EXHIBIT B to SECTION 1 - Statement of Assurance, Compliance, and Non-Collusion EXHIBIT C to SECTION 1 - DRUG FREE WORKPLACE ACT STATEMENT EXHIBIT D to SECTION 1 - NO RESPONSE FORM EXHIBIT E to SECTION 1

SECTION 2 INTRODUCTION & BACKGROUND

SECTION 3 SCOPE OF SERVICES

SECTION 4 PROPOSAL FORM

EXHIBIT A to SECTION 4 – General Conditions

SECTION 5 - INFORMATION REQUIRED OF PARTY MAKING THE PROPOSAL

SECTION 6 OTHER

SECTION 7 - SAMPLE PROFESSIONAL SERVICES AGREEMENT

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SECTION 1

GENERAL INFORMATION & INSTRUCTIONS

1) DEFINITIONS:

a) Oconee County hereinafter will be referred to as “County.”

b) “Proposer” shall be any entity or individual submitting a proposal for the pending solicitation.

c) All references to days in this solicitation mean calendar days, unless otherwise stated.

d) All references to “shall,” “must,” and “will” are to be interpreted as mandatory language.

e) Request for Proposals is a procurement method selected for this pending solicitation and will be referred to as the “RFP.”

f) “Successful Proposer” shall be the successful Proposer with whom the Contract for Professional Services for Consulting Services for Professional Services Agreement is entered by the County.

2) PURPOSE

The County of Oconee is soliciting proposals from qualified firms to provide personnel and render professional services for the use and benefit of Oconee County for the following purposes:

(A) On-Call Planning Services;

(B) On-Call Roadway and Bridge Services;

(C) On-Call Environmental Assessment Services;

(D) On-Call Geotechnical Engineering and Construction Testing Services;

(E) On-Call General Engineering Services;

(F) On-Call Surveying Services;

(G) On-Call Architectural/Engineering Services; and

(H) On-Call Mechanical, Electrical, and Plumbing Engineering Services.

a) Respondents may respond to Categories “A”, “B”, “C”, “D”, “E”, “F”, “G” or “H” or any combination thereof, as outlined in the Scope of Services. The County intends to rank the top two or three firms in each category.

The first ranked firm will negotiate a contract for on call services and will be the first firm contacted for any future requested on-call services. If this first ranked firm is unable to assist the County with a particular project due to time constraints or other reasons, then the project will be offered to the second ranked firm, and so on.

b) This RFP has been compiled for the purpose of providing information, requirements, guidelines, specifications, and other data that can be used by Proposers who wish to submit a proposal for consideration.

c) This contract will be for a one-year period, with four possible one-year renewals for a total of five (5) years.

3) INSTRUCTIONS

a) Proposals shall be submitted by the RFP Submittal Deadline Tuesday, June 16, 2026 @ 2:00pm.

Proposals will ONLY be accepted electronically via the County’s Procurement Portal which can be accessed using the following link: https://oconeesc.bonfirehub.com/portal/?tab=openOpportunities.

If the link does not direct you to the site, please copy and paste in your browser.

All questions regarding this solicitation must be submitted in writing via the procurement portal.

Questions will be answered via the procurement portal as well. The last day for questions is Tuesday, May 26, 2026 @ 2:00pm

Vendors who have downloaded an original solicitation will receive email notification if any addendums have been issued for that solicitation. However, it is still the Offeror’s responsibility to check the procurement portal for any issued addendums prior to submitting their proposal.

Contact with other departments or County representatives without permission of the Procurement Director may render your proposal void.

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The Opening will be conducted via Zoom. Meeting information below:

Topic: RFP 25-09 Professional Engineering / Consultant Services (On-Call) RFP Opening Time: Jun 16, 2026 02:00 PM Eastern Time (US and Canada) Join Zoom Meeting https://us02web.zoom.us/j/88472452218

Meeting ID: 884 7245 2218 Passcode: 213035

Dial In:

877 853 5257 US Toll-free 888 475 4499 US Toll-free

Join instructions https://us02web.zoom.us/meetings/88472452218/invitations?signature=cpQh7tthvcml7ox1r5_RhBDw 9JyRkpzjXhkxU2Cihlg

b) Prices and quotations included in the proposal shall remain firm for not less than one hundred twenty

(120) calendar days from proposal deadline stated above.

c) The County shall not be liable for any costs associated with the preparation of responses to this solicitation; therefore, all costs shall be borne by the Proposer.

d) There will NOT be a pre-proposal conference. All prospective Proposers should review the RFP document and all Attachments and submit all questions and/or requests for additional information by the deadline of Tuesday, May 26, 2026 at 2:00 pm EST. All questions must be submitted in writing via the procurement portal.

e) It is the intent and purpose of the County that this solicitation promotes competition. It shall be the Proposer’s responsibility to advise the Procurement Director, in writing, if any language or requirements, or any combination thereof, inadvertently restricts or limits this solicitation to a single source. Such notification shall be submitted in writing, and must be received by the Procurement Director at least five calendar (5) days prior to proposal receipt date. A review of such notification shall be made by the Procurement Director.

f) Prior to submitting a proposal, each Proposer shall carefully examine the RFP document, study and thoroughly familiarize himself/herself with the specifications/requirements of the RFP and the Contract Documents and notify Oconee County of any conflicts, errors, or discrepancies.

g) By submission of a proposal, the Proposer guarantees that all goods and services meet the requirements of the RFP during the contract period.

h) FILE UPLOADS: All electronic files uploaded must be in a common format accessible by software programs the County uses. Those formats are generally described as Microsoft Word (.doc or .docx), Microsoft Excel (.xls or .xlsx), image (.jpg or .gif or .png), CAD (.dwg or .dxf), or Adobe Portable Document Format (.pdf.). The format most commonly used by the County is Adobe Portable Document Format (.pdf.); the County’s Procurement E-bidding Portal will specify which format is accepted for each piece of requested information. Suppliers shall not secure, password protect or lock uploaded files; the County must be able to open and view the contents of the file. Suppliers shall not disable or restrict the ability of the County to print the contents of an uploaded file. Scanned documents or images must be of sufficient quality, no less than 150 dpi, to allow for reading or interpreting the words, drawings, images or sketches. The County may disqualify any Submittal Response that does not meet the criteria stated in this paragraph.

i) Failure to submit all required information may be determined as a non-responsive proposal.

j) Any Proposer may withdraw its proposal prior to the closing time for the receipt of proposals. Correction or withdrawal of inadvertently erroneous proposals before or after the opening date, or cancellation of awards or contracts based on such mistakes, may be permitted subject to the following:

https://us02web.zoom.us/j/88472452218 https://us02web.zoom.us/meetings/88472452218/invitations?signature=cpQh7tthvcml7ox1r5_RhBDw9JyRkpzjXhkxU2Cihlg https://us02web.zoom.us/meetings/88472452218/invitations?signature=cpQh7tthvcml7ox1r5_RhBDw9JyRkpzjXhkxU2Cihlg

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i) Before Proposal Opening: Any errors identified by the Proposer prior to the scheduled proposal opening may be corrected, amended, or withdrawn through the Procurement E-Bidding Portal, provided that such actions are completed before the designated proposal opening time.

ii) After proposal opening: no changes in prices or other provisions of proposals, which are prejudicial to the interest of the County, shall be permitted.

iii) Except as otherwise allowed by law, all decisions to permit the correction or withdrawal of proposals, or to cancel awards, or contracts, after award but prior to performance shall be supported by a written determination made by the Procurement Director.

k) The Proposer shall follow the following directions for proposal preparation:

i) All proposals shall be complete and carefully worded, and must convey all of the information requested by the County. If significant errors are found in the proposal, or if the proposal fails to conform to the essential requirements of the RFP, the County and the County alone, will determine whether the variance is sufficient to warrant rejection of the proposal.

ii) Proposals are to be prepared simply and, in a manner, designed to provide the County with a straightforward presentation of the Proposer’s capability to satisfy the requirements of this RFP. The Proposer’s proposal must, therefore, follow the RFP format, utilizing the same section titles, schedules, and paragraphs.

iii) The Proposer must clearly mark as "Confidential" each part of its proposal which it believes contains proprietary information, which could be exempt from disclosure under the South Carolina Freedom of Information Act (SCFOIA) as set forth in Chapter 4, Title 30, of the South Carolina Code of Laws, 1976, as amended. The County reserves the right to determine whether this information should be exempt from disclosure, and the Proposer agrees by submitting its proposal that no claim or legal action may be brought against the County or its agents for its determination in this regard.

iv) The Proposer shall make its proposal in the official name of the entity or individual under which business is conducted (showing official business address).

v) The Proposer shall include on the proposal the Federal Employer Identification Number (FEIN) and the DUNS number of the entity issuing the proposal (or in the absence of a FEIN and DUNS numbers, the Social Security Number of the individual issuing the proposal).

vi) The Proposer shall include all applicable requested information and is encouraged to include any additional information the Proposer wishes to be considered. If the proposal includes any comments over and above the specific information requested in our RFP, the Proposer shall include this information as a separate appendix to the proposal.

vii) The Proposer shall clearly write in ink or type-write all prices and quotations

viii) A person duly authorized to legally bind the Proposer shall execute all required documents in ink.

l) Your proposal should be in a single volume where practical.

m) This RFP may result in additional negotiations. To maintain the integrity of the procurement process, all contacts and discussions shall be directed to the Procurement Director. Comments or discussions by County personnel relative to this solicitation shall not be binding on the County.

4) EVALUATION AND AWARD CRITERIA

a) EVALUATION TEAM

A duly appointed Evaluation Team will conduct proposal evaluations.

b) AWARD CRITERIA The Evaluation Team shall evaluate each of the Proposals using the criteria and applying the percentages as set forth in Exhibit A to this Section 1. The County reserves the right to request Proposers to appear for an additional presentation followed by a question-and-answer period, in order to further evaluate qualifications.

The additional presentations, if any, will be scored and combined with prior scoring to determine the successful

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Proposer. The County is not obligated to accept the lowest cost proposal. The County may also award to other than the highest ranked proposer if the price submitted by that proposer is more than the budget available for the project. If made, the award will go to the Proposer providing the most responsive, responsible proposal that provides the best overall value and service to the County. As further outlined below, the award, if any, will take into consideration several factors, including the soundness and flexibility of the proposal, functional capability, quality of performance, quality of service, the time specified in the proposal for the performance, ability to provide support, and the Proposer’s references. Prior to award, the County may conduct such further discussions and negotiations as contemplated by, and allowed for under, Oconee Code § 2-431. The County reserves the right to reject all proposals or accept such proposals, as appears in its best interest, and to waive technicalities or irregularities of any kind in the proposal. The Evaluation Team will make their recommendation to the full County Council, if applicable. The County Council has the right to accept or refuse the Evaluation Team’s recommendation.

c) NOTICE OF AWARD

If awarded, the Notice of Award will be posted on the County’s website at:

https://oconeesc.com/procurement-home and in the County’s Procurement Portal https://oconeesc.bonfirehub.com/portal/?tab=openOpportunities

5) PRELIMINARY MATTERS

a) EXECUTION OF AGREEMENT.

The Successful Proposer shall sign and deliver the Agreement and such other required Contract Documents to the County within ten (10) Calendar Days after the Notice of Award has been received by the Proposer.

b) DELIVERY OF CERTIFICATES OF INSURANCE AND BONDS.

When the Successful Proposer delivers the executed Agreement to the County, the Successful Proposer shall also deliver to the County such Payment Bonds, Performance Bonds, and Certificates of Insurance as may be required.

c) BEFORE STARTING WORK.

i) Before undertaking each part of the Work, the Successful Proposer shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. The Successful Proposer shall immediately report in writing to the County any conflict, error or discrepancy which the Successful Proposer may discover.

ii) Within ten (10) Calendar Days after delivery of the executed Agreement by the County to the Successful Proposer, the Successful Proposer shall submit to the County for approval the following required information: Certificate of Insurance with Oconee County named as Certificate Holder or Additional Insured.

6) GENERAL INFORMATION AND REQUIREMENTS

a) AFFIRMATIVE ACTION.

The Successful Proposer shall take affirmative action in complying with all federal, state and local labor and employment laws.

b) AMBIGUOUS OFFERS.

Proposals that are uncertain as to terms, delivery, compliance requirements, and/or specifications, may be rejected or otherwise disregarded.

c) EXPLANATION TO PROSPECTIVE PROPOSERS.

i) Every effort has been made to ensure that all information needed is included in this RFP. If the Proposer finds that it cannot complete its response without additional information, it may submit written questions to the issuing office on or before the deadline set forth herein. No further questions will be accepted after that date.

https://oconeesc.com/procurement-home

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ii) Oral explanations and/or instructions given before the award shall not be binding on the County. Any information given to a prospective Proposer about this solicitation shall be promptly furnished to other prospective Proposers as an amendment, provided that information is necessary in submitting proposals or if the lack of it would be prejudicial to other prospective Proposers.

d) AMENDMENTS.

All addenda, amendments, and interpretations of this solicitation shall be issued in writing through the County’s e-bidding portal. Addenda posted in the e-bidding portal shall be considered the official and binding modifications to this solicitation, and no separate signature by the County is required.

It is the Proposer’s responsibility to monitor the e-bidding portal for the issuance of addenda and to ensure receipt of all such addenda.

The Proposer shall acknowledge receipt of all addenda by completing, signing, and uploading the addendum acknowledgment with its proposal submission in the e-bidding portal. Failure to acknowledge all addenda may result in the Proposer being deemed non-responsive.

e) DISCUSSIONS.

By a submission of a response to this solicitation, Proposer agrees that during the time following issuance of the solicitation and prior to final award, Proposer shall not discuss this procurement with any party except the Procurement Director. Proposer shall not attempt to negotiate with any other parties, and shall not discuss any aspects of the procurement without prior written approval of the Procurement Director.

f) AWARDING POLICY.

i) The award shall be made in accordance with provisions of the Code of Ordinances of Oconee County, South Carolina, to the responsive, responsible Proposer whose proposal is determined to be the most advantageous to the County based on the criteria discussed herein.

ii) If awarded, the Agreement will be awarded to the responsible and responsive Proposer whose proposal is determined in writing to be in the best interest of Oconee County. Oconee County will be the sole judge as to whether a proposal has or has not satisfactorily met the requirements of this RFP.

The agreement between the County and the successful Proposer will incorporate this entire solicitation, all applicable amendments, and the successful Proposer’s proposal.

g) CONTRACT TERM.

The initial term of this contract shall commence on the effective date and continue through June 30, 2027. Thereafter, the Procurement Office may, at its discretion and if deemed to be in the best interest of the County and agreeable to the contracted vendor, extend the contract. Any such renewal shall be on an annual basis from July 1 through June 30 of each year, and shall not exceed four (4) additional one-year periods.

i) Should a contract renewal be desired, written request for said renewal shall be submitted in writing by Oconee County forty-five (45) days prior to the end of the current contract period. Should the contractor wish to request an increase in cost, it will be the contractor’s responsibility to submit a written request for such contract adjustments within ten (10) days after receipt of the County’s contract renewal notice to the Procurement Office for approval.

ii) The County will accept or decline the requests for a contract increase, in written form, within ten (10) days following the date of the request. No increase shall be effective until approved in writing by the Procurement Director.

h) REJECTION OR ACCEPTANCE OF PROPOSALS; WAIVER OF TECHNICALITIES AND

IRREGULARITIES.

i) The County shall reserve the unqualified right to reject any and all proposals or accept such proposals, as appears in the County’s best interest.

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ii) The County shall reserve the unqualified right to waive technicalities or irregularities of any kind in responses to this RFP.

iii) In all cases, the County shall be the sole judge as to whether a Proposer’s proposal has or has not satisfactorily met the requirements of this RFP.

iv) The County may reject any proposal that fails to conform to the essential requirements of this RFP.

v) The County may reject any proposal that does not conform to the applicable specifications unless the RFP authorized the submission of alternate Proposals and the services offered as alternates meet the requirements specified in the RFP.

vi) The County may reject any proposal that fails to conform to any delivery schedule or permissible alternates stated in the RFP.

vii) The County may reject a proposal when the Proposer imposes conditions that would modify requirements of this RFP or limit the Proposer’s liability to the County, since to allow the Proposer to impose such conditions would be prejudicial to other Proposers. For example, the County may reject proposals in which the Proposer:

(1) Protects against future changes in conditions, such as increased costs, if total possible costs to the County cannot be determined;

(2) Fails to state a fee schedule, if one is required.

viii) A Proposer may be requested to delete objectionable conditions from a proposal provided the conditions do not go to the substance, as distinguished from the form of the proposal, or work an injustice on other Proposers. A condition goes to the substance of a proposal where it affects price, quality, or delivery of the services offered.

ix) Any proposal may be rejected if the Procurement Director determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the proposal, but the prices for any individual line items as well.

x) Any proposal may be rejected if the prices for any line items or sub-line items are materially unbalanced.

xi) Proposals received from any person or concern that is suspended, debarred, proposed for debarment or declared ineligible as of the proposal opening date shall be rejected unless a compelling reason is given and a determination otherwise is made.

xii) The Procurement Director must reject Proposals received from entities determined to be non-responsible.

xiii) The originals of all rejected Proposals, and any written findings with respect to such rejections, shall be preserved with the documents relating to the RFP.

i) After submitting a proposal, if all of a Proposer’s assets, or that part related to the proposal are transferred during the period between the proposal opening and the award, the transferee may not be able to take over the proposal. Accordingly, the Procurement Director shall reject such a proposal.

j) PROTEST PROCEDURE

i) Right to Protest. Any actual or prospective offeror or Proposer who is aggrieved in connection with the solicitation or award of a contract may protest to the Procurement Director. The protest shall be submitted in writing within seven (7) calendar days after such aggrieved prospective offeror, or Proposer knows or should have known of the facts giving rise to the grievance.

ii) Authority to Resolve Protests. The Procurement Director shall have authority to settle and resolve a protest by an aggrieved offeror or Proposer, actual or prospective, concerning the solicitation or award of a contract.

iii) Decision on Protests. If the protest is not resolved by mutual agreement, the Procurement Director

RFP 25-09 Professional Engineering/Consultant Services (On Call) Page 10 of 54 shall issue a decision in writing within ten (10) calendar days. The decision shall: (a) state the reasons for the action taken; and (b) inform the protestant of the protestant’s rights to appeal the decision of the Procurement Director.

iv) Notice of Decision on Protests. A copy of the decision of this Section shall be mailed or otherwise furnished to the protestant.

v) Finality of Decision on Protests. A decision under this Section shall be final and conclusive, unless a business adversely affected by the decision appeals administratively to the County Council in accordance with the Oconee County Code of Ordinances.

k) COMPLETE DOCUMENTS.

All supplementary documents and attachments are essential parts of this RFP and requirements occurring in one are as binding as though occurring in all.

l) CONTRACT ADMINISTRATION.

Questions or problems arising after award of this contract shall be directed to the Procurement Director by calling 864-638-4141. Copies of all correspondence concerning this contract shall be sent to the Procurement Director, 415 S. Pine Street, Walhalla, SC 29691. All change orders must be authorized in writing by the Procurement Director. Oconee County shall not be bound to any change in the original purchase order or contract without prior written approval of the Procurement Director.

m) COVENANT AGAINST CONTINGENT FEES.

The Proposer warrants that no person or selling agency has been employed or retained to solicit or secure an award under this RFP upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Proposer for the purpose of securing business. A breach or violation of this covenant, may result in the County annulling any agreement, without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

n) DEFAULT.

In case of default by the Successful Proposer, the County reserves the right to purchase any or all services in the open market, charging said Proposer with any excess costs. Should such charges be assessed, no subsequent Proposals of the defaulting Proposer shall be considered until the assessed charges have been satisfied. This clause does not limit the County’s right to pursue any other claims or damages available at law or in equity.

o) SUBCONTRACTS.

Proposer shall not subcontract work hereunder without the prior written consent of the County, and any such subcontract without consent of the County shall be null and void. If Proposer proposes to subcontract any of the work hereunder, it shall submit to the County the name of each proposed subcontractor, with the proposed scope of work which its subcontractor is to undertake. The County shall have the right to reject any subcontractor which it considers unable or unsuitable to satisfactorily perform its duties.

Proposer shall not enter into any cost reimbursable agreements with any proposed subcontractor without County’s prior written authorization. Notwithstanding any consent by the County to a proposed subcontract, Proposer shall remain responsible for all subcontracted work and services. Proposer agrees it shall be as fully responsible to the County for the acts and omission of its subcontractors, their agents, representatives, and persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Proposer. Neither this provision, nor the County’s authorization of Proposer’s agreement with a subcontractor, the County’s inspection of a subcontractor’s facilities or work, or any other action taken by the County in relation to a subcontractor shall create any contractual relationship between any subcontractor and the County. Proposer shall include in each of its subcontracts a provision embodying the substance of this provision and shall present a copy thereof to the County before commencement of any work by a subcontractor. Proposer’s violation of this provision shall

RFP 25-09 Professional Engineering/Consultant Services (On Call) Page 11 of 54 be grounds for the County’s termination of any agreement with Proposer for default, without notice or opportunity for cure. In addition, by submitting a response to this RFP, Proposer agrees to indemnify, defend, and hold the County harmless from and against any claims (threatened, alleged, or actual) made by any subcontractor of Proposer (of any tier) for compensation, damages, or otherwise, including any cost incurred by the County to investigate, defend, or settle any such claim.

p) INSURANCE REQUIREMENTS

In addition to the insurance coverage and limits listed herein, the Company shall obtain all other insurance coverage as may be required by law.

Company shall procure, maintain, and provide proof of the insurance coverage required below. Proof of coverage shall be submitted fifteen (15) days prior to the commencement of Work and such coverage shall be maintained by the Company for the duration of the contract period.

Insurance. The Company shall, at its sole cost and expense, procure and maintain in full force and effect covering the performance of the services rendered under the Contract Documents, insurance in the types and limits specified below. In addition to the insurance coverage and limits listed herein, the Company shall obtain all other insurance coverage as may be required by law.

a. General Liability Insurance: Minimum Limits

i. General Aggregate Limit: $1,000,000

ii. Products & Completed Operations Limit: $1,000,000

iii. Each Occurrence Limit: $1,000,000

b. Workers' Compensation and Employers' Liability Insurance:

i. Limits of Liability: Workers' Compensation - Statutory Limits.

Employers' Liability - Statutory Limits.

ii. Other States' coverage and South Carolina endorsement.

c. Business Commercial Automobile Liability Insurance:

i. Coverage sufficient to cover all vehicles owned, used, or hired by Company, its agents, representatives, employees or subcontractors.

ii. Combined Single Limit: $1,000,000.00

iii. Each Occurrence Limit: $1,000,000.00

iv. Medical Expense Limit $5,000.00

d. Professional Liability Insurance:

Limit of Liability: $1,000,000.00 per claim

e. All insurance provided for in this section shall be obtained under valid and enforceable policies issued by insurers of recognized responsibility which are licensed to do business in the State of South Carolina. The County requires that Certificates of Insurance evidencing the existence of such insurance shall be submitted to the County at least fifteen (15) days before the Work is started. If the term of the Agreement coincides with the term of the selected firm's insurance coverage, a Certificate from the expiring policy will be accepted, but a Certificate evidencing renewed coverage of a new policy must be presented to the County no later than thirty (30) days after the effective date of the policy.

f. General Liability and Automobile Liability policies shall include the County as additional insured party thereunder; and all policies shall provide that at least thirty (30) days prior written notice be given to the County in the event coverage is canceled or non-renewed or coverage is reduced.

g. The County reserves the right to review categories and levels of insurance coverage held by the

Company in an ongoing program of risk management. The Company will be notified, in writing, RFP 25-09 Professional Engineering/Consultant Services (On Call) Page 12 of 54 of coverage requirements as determined by this review and the Company agrees to secure such uniformly requested and required coverage.

h. If the Company fails to obtain or maintain the required insurance, the County shall have the right to treat such failure as a material breach of this Agreement and to exercise all appropriate rights and remedies as a result thereof.

i. The Company shall furnish separate Certificates for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated in this Agreement.

j. It is the intent of the specifications of insurance requirements above that the Company shall maintain in force the broadest commonly available coverage against the risks and perils listed above and relevant to this Agreement. If insurance against such risks and perils is commonly available, the failure to specify such insurance shall not relieve the Company from its duty to maintain such insurance. Also, the specification of any insurance in this Agreement does not limit any of the other obligations of the Company under those documents.

q) COUNTY INSURANCE

County will maintain commercial general liability, property, and automobile policies under the same or similar terms and in the same amounts as it currently holds with the South Carolina Association of Counties.

r) ASSIGNMENT OF AGREEMENT.

No agreement may be assigned, sublet, or transferred without the prior written consent of the County.

s) STATEMENT OF COMPLIANCE AND ASSURANCES.

i) Proposers shall be required to certify in writing, that the firm or agency represented in the proposal submitted complies with all applicable federal, state, and local laws/regulations.

ii) Proposers shall be required to provide with each proposal a written assurance of non-collusion and understanding and acceptance of any and all provisions stated in this agreement.

iii) A statement of Assurance, Compliance, and Non-collusion (see Exhibit B following this Section 1), along with other statements and certifications shall be provided to Proposers and be part of each response.

t) DRUG FREE WORKPLACE ACT.

It is the intent of the County to comply with the requirements of South Carolina’s “Drug-free Workplace Act” as set forth in S.C. Code 44-107-10, et seq., and shall apply the same to all procurement actions involving an award for Fifty Thousand ($50,000.00) dollars or more. Proposers shall be required to execute a statement certifying that they understand and are in full compliance with the Drug Free Workplace Act (see Exhibit C following this Section 1). Failure to comply with this requirement shall result in rejection of a proposal.

u) EXAMINATION OF RECORDS.

The Oconee County Administrator or his duly authorized representative(s), and/or duly authorized representative from the Procurement Office shall until three (3) years after final payment under the agreement resulting from this RFP, have access to and the right to papers and other records involving transactions related to the agreement to be awarded hereunder.

v) 6% SOUTH CAROLINA SALES TAX.

Oconee County is subject to South Carolina Sales Tax on all purchases of goods and services. Therefore, 6% sales tax must be added to all orders. When applicable, net prices as shown in the proposal shall exclude such tax amounts. By submission of a signed bid, the Proposer is certifying, under penalties of perjury, that the Proposer complies with Title 12, Chapter 36, Article 1 of the SC Code of Laws 1976, as

RFP 25-09 Professional Engineering/Consultant Services (On Call) Page 13 of 54 amended, relating to payment of any applicable taxes. The Proposer’s signature below will certify to the County the Proposer’s compliance.

w) FAILURE TO SUBMIT PROPOSAL.

Recipients of this solicitation not responding with a proposal should return the “No Proposal” form attached as Exhibit D following this Section 1). If a recipient does not submit a proposal or fails to respond by submitting a “no proposal” for three (3) consecutive proposals for the same commodity, they shall be removed from the applicable Proposer/Bidder list.

x) NON-APPROPRIATION

In case of non-appropriation of funds from the County, the federal government or otherwise, the County may terminate the Agreement in whole or in part without further obligation to the Proposer.

y) FORCE MAJEURE.

The Proposer shall not be liable for any excess costs if the failure to perform arises out of causes beyond the control and without fault or negligence of the Proposer, including unavoidable delays occasioned by strikes, lockouts, acts of God, governmental restrictions, failure or inability to secure materials or labor by reason of priority or similar regulation or order of any governmental or regulatory body, enemy action, civil disturbance, fire, unavoidable casualties, or any other cause beyond the reasonable control of either party hereto. Provided, however, that any failure which the Proposer intends to rely upon as an excuse for failure to perform or failure to perform in a timely manner, shall only be considered by the County if the Proposer has given the County written notice of intention to rely upon such event within ten (10) calendar days after the occurrence giving rise to the delay. Upon the occasion of such event, the parties shall meet and confer, and any additional time necessary shall be fixed by the County, which determination shall be final.

z) IMPROPER INFLUENCE AND PROHIBITION OF GRATUITIES.

i) Soliciting of special interest groups or appointed and elected officials with the intent to influence contract awards or to overturn decisions of the Procurement Director is strictly hereby prohibited.

Violation of this provision may result in suspension or debarment.

ii) Section 8-13-720, as amended, of the 1976 Code of Laws of South Carolina states:

No person may offer or pay to a public official, public member, or public employee and no public official, public member, or public employee may solicit or receive money in addition to that received by the public official, public member, or public employee in his official capacity for advice or assistance given in the course of his employment as a public official, public member, or public employee.

aa) INDEMNIFICATION.

Proposer shall indemnify, defend, and hold harmless the County, its employees, council members, agents, attorneys, and officers from and against all losses, damages, claims, actions and causes of action, and all expenses, including, but not limited to, attorney’s fees and costs, incidental to such losses, damages, claims, actions or causes of action related to Proposer’s work stemming from or related to this RFP and all agreements arising therefrom. This obligation includes any losses, damages, claims, actions or causes of action of Proposer. This provision applies to, without limitation, liability resulting from (1) injury to or death of any person, (2) damage to real or personal property, (3) economic loss, and (4) any such other losses, damages, or claims related to the acts or omissions of Proposer or anyone acting under its direction or control or on its behalf. The provision applies regardless of the negligence of the County or its employees, be it active or passive, except where such loss, cost, damage, claim, expense, or liability arises from the sole gross negligence or willful misconduct of the County. Upon request of the County, Proposer shall, at no cost or expense to the County, defend any suit asserting a claim for any loss, damage, or liability specified above, and Proposer shall pay any costs and attorney’s fees that may be incurred by the County in connection with any such claim or suit or in enforcing the provisions of this paragraph.

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bb) PROPOSER’S QUALIFICATIONS.

Proposals shall be considered only from Proposers who are regularly established in the business called for, and who in the judgment of the County are financially responsible and able to demonstrate sufficient evidence of their reliability, ability, experience, facility and personnel directly employed or supervised by the Proposer. Proposer must be able to render prompt and satisfactory service in the volume called for under the award. The County may make such investigation, as it deems necessary to determine the ability of the Proposer to perform the work. Proposer shall furnish to the County all such information and data as the County may request, including, if requested, a detailed description of the method and program of the work which the Proposer proposes to perform. The County reserves the right to reject any proposal if the evidence submitted by, or investigation of, such Proposer fails to satisfy the County that such Proposer is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein. Conditional proposals will not be accepted.

cc) PROPOSER’S RESPONSIBILITY.

Each Proposer shall fully acquaint itself with conditions relating to the scope and restrictions attending the execution of the work contemplated under this RFP. The failure or omission of a Proposer to acquaint itself with existing conditions shall in no way relieve the Proposer of any obligation with respect to this RFP or any agreement reached with the County.

dd) PUBLICITY RELEASES.

Proposer agrees not to refer to award of the Agreement in commercial advertising in such a manner as to state or imply that the products or services provided are endorsed or preferred by the County. The Proposer shall not have the right to include the County's name in its published list of customers without prior written approval by the County. With regard to news releases, only the name of the County, type and duration of Agreement may be used and then only with prior written approval by the County. The Proposer also agrees not to publish, or cite in any form, any comments or quotes from the County Staff, unless it is a direct quote from the County Administrator, and only then with express written permission, noting that the content of the quote is accurate.

ee) SEVERABILITY.

If any term or provision of this RFP or any agreement resulting from this RFP shall be found to be illegal or enforceable, notwithstanding any such legality or enforceability, the remainder of this RFP or of such agreement shall remain in full force and effect, and such term or provision shall be deemed to be deleted and severable therefrom.

ff) NON-RESIDENT TAXPAYER REGISTRATION AFFIDAVIT.

The form attached as Exhibit E (to this Section 1) must be completed by any Proposers that are not residents of the state of South Carolina.

gg) ILLEGAL IMMIGRATION REFORM ACT.

By submitting a Proposal, the Proposer certifies that it is in compliance with Chapter 14 of Title 8 of the South Carolina Code of Laws, 1976, as amended, or that this law is inapplicable to the Proposer and the Proposer’s subcontractors. An overview of this law is available at www.procurementlaw.sc.gov/immigration. The Successful Proposer agrees to provide to the County any documentation required to establish either: (a) Chapter 14 of Title 8 of the South Carolina Code of Laws, 1976, as amended, is inapplicable to the Successful Proposer or any subcontractor, of any tier, to the Successful Proposer; or (b) the Successful Proposer and any subcontractor, of any tier, to the Successful Proposer is in full compliance with Chapter 14 of Title 8 of the South Carolina Code of Laws, 1976, as amended. The Successful Proposer will, at all times during the term of its agreement(s) with the County, be in full compliance with the provisions of the Immigration Reform and Control Act of 1986 (“IRCA”) in the hiring of its employees, and the Successful Proposer shall indemnify, hold harmless, and defend the County against any and all actions, proceedings, penalties, or claims arising out of the Successful Proposer’s failure to strictly comply with IRCA or Chapter 14 of Title 8 of the South Carolina Code of Laws, 1976, as amended.

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hh) SOUTH CAROLINA LAW CLAUSE.

Upon award of a contract under this RFP, the party to whom the award is made must comply with the laws of South Carolina which require such person or entity to be authorized and/or licensed to do business within the State. Notwithstanding the fact that applicable statutes may exempt or exclude the Proposer from requirements that it be authorized and/or licensed to do business in this State, by submission of a Proposal, the Proposer agrees to subject itself to the jurisdiction and process of the courts of the State of South Carolina as to all matters and disputes arising under, and/or related to, this RFP, the Proposal, and any agreement reached between Proposer and the County, and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State.

ii) CONFIDENTIAL INFORMATION.

The County will mark as "Confidential" any information which the County considers to be proprietary, confidential information (the “County’s Confidential Information”). The County’s Confidential Information which may be as part of this RFP, or otherwise provided as a part of the procurement process, is the property of the County. Without the prior written consent of the County, the Proposer will not, at any time, use, publish, sell, deliver or otherwise disclose the County’s Confidential Information to any third party. The Proposer will promptly advise the County in writing if it learns of any unauthorized use or disclosure of the County’s Confidential Information. The County’s Confidential Information is and shall continue to be the exclusive property of the County. Immediately upon the Award, the Proposer, if not the Successful Proposer, shall deliver to the County and certify the destruction and/or permanent deletion of all the County’s Confidential Information and all copies of the County’s Confidential Information, in any media or format, then in its actual or constructive possession or control and the Proposer shall cease using any of the County’s Confidential Information.

The Proposer shall indemnify and hold harmless and defend the County from and against all claims, damages, losses, and expenses, including attorneys' fees, arising out of any unauthorized use or disclosure of the County’s Confidential Information by the Proposer and shall defend all such claims in connection with any alleged infringement of such rights.

The undersigned Proposer has read and understands the provisions contained herein and agrees to be bound by same.

PROPOSER

(Name of Corporation or Entity)

By:

Name:

Title:

THIS PAGE MUST BE SIGNED AND RETURNED WITH PROPOSAL

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SPECIAL CONTRACTUAL TERMS AND CONDITIONS

1. SCOPE: Oconee County is soliciting competitive bids to establish a term contract for providing and delivering services and/or commodities listed herein.

2. TERM OF CONTRACT/OPTION TO EXTEND: The initial term of this contract shall commence on the effective date and continue through June 30, 2027. Thereafter, the Procurement Office may, at its discretion and if deemed to be in the best interest of the County and agreeable to the contracted vendor, extend the contract. Any such renewal shall be on an annual basis from July 1 through June 30 of each year, and shall not exceed four (4) additional one-year periods.

3. CONTRACT ADJUSTMENTS: Should a contract renewal be desired, written request for said renewal shall be submitted in writing by Oconee County forty-five (45) days prior to the end of the current contract period. Should the contractor wish to request an increase in cost, it will be the contractor’s responsibility to submit a written request for such contract adjustments within ten (10) days after receipt of the County’s contract renewal notice to the Procurement Office for approval.

The County will accept or decline the requests for a contract increase, in written form, within ten (10) days following the date of the request. No increase shall be effective until approved in writing by the Procurement Director.

4. TERMINATION: Subject to the provisions below, the contract may be terminated for any reason by the County providing a 30-day advance notice in writing is given to the contractor. Termination requirement does not apply if contract is to terminate at the end of an established contract term.

Termination for Convenience: In the event that this contract is terminated or canceled upon request and for the convenience of the County without the required thirty (30) day advance written notice, then the County may negotiate reasonable termination costs, if applicable.

Termination for Cause: Termination by the County for cause, default or negligence on the part of the…