3-2026-RFP-021 CIP-2482 AMIKids Beaufort - Final.pdf

PDF 832 KB Posted

Attached to
Potable Water Service Project - AMIKids Beaufort
Solicitation number
2026-RFP-021
Issued by
Beaufort County, South Carolina

About this file

Summary

This is a Request for Proposal (RFP) issued by the Beaufort-Jasper Water and Sewer Authority (BJWSA) in South Carolina for engineering and design services to support a potable water service extension project for AMIKids Beaufort. The proposed project will extend a new water main from the intersection of Kinloch Road (State Road S-7-43) and Porches Hill Road (State Road S-7-769) in Seabrook, Unincorporated Beaufort County, to the end of Honeybee Island Road. The scope of work encompasses project administration, evaluation of existing conditions, preliminary design, geotechnical exploration, final design with 50%, 90%, and 100% submittals, permitting, easement support, and bidding support services. Construction phase and construction close-out services are not included in the initial contract but may be added through subsequent amendment. The RFP was issued on March 17, 2026, with a pre-proposal conference scheduled for March 24, 2026. The deadline for submitting good faith effort written notices is April 1, 2026, the question submission deadline is April 3, 2026, and proposals are due April 17, 2026, at 2:00 PM EDT via the BJWSA Procurement Portal. Contract selection notification is estimated for June 1, 2026, with project kickoff estimated for June 15, 2026.

Compensation is proposed on a not-to-exceed hourly basis with rates broken down by task, including all subconsultant fees. A geotechnical exploration allowance of $10,000 is specified. The project is funded in part through the U.S. Department of Housing and Urban Development's FY2024 Community Project Funding program, with the remaining costs provided by AMIKids Beaufort. Proposals will be evaluated on a weighted basis: Project Approach (40 points), Proposed Fee (30 points), Firm Qualifications and Experience (10 points), Project Personnel/Team (10 points), and Schedule and Availability (10 points). Small, Minority, and Women-Owned Business (SMWBE) participation requirements apply, requiring respondents to demonstrate good faith efforts in recruiting subcontractors or submit a self-performance affidavit. Professional liability insurance of $1,000,000 and other required coverages must be maintained for eight years beyond substantial completion. The selected engineer must be responsive, responsible, and offer the best overall value to BJWSA based on stated evaluation criteria.

View the file

Other files

On GovTribe

Work with this file

  • Download the original file
  • Contacts named in this file
  • Similar government files
  • Ask GovTribe AI about this file

Text version

2026-RFP-021 Page | 1

Beaufort-Jasper Water

& Sewer Authority

Request for Proposal Engineering & Design

Services

Solicitation:

Date Issued:

Procurement Manager:

Phone:

Email:

Office:

2026-RFP-021

03/17/2026 Tammy Holman, NIGP-CPP, CPPB

(843) 987-8087 Bonfire@bjwsa.org BJWSA Procurement Office 6 Snake Rd.

Okatie, SC 29909

TABLE OF CONTENTS

I. PROJECT TITLE & DESCRIPTION

II. SMWBE GOOD FAITH EFFORT REQUIREMENTS

III. PROJECT TIMELINE/KEY DATES

IV. GENERAL INFORMATION AND INSTRUCTIONS

A. BJWSA Rights/Acceptance of Proposals

B. Addenda

C. Submission of Proposals

D. Contractor Communications

E. Opening of Proposals

F. Construction and Safety Standards

G. South Carolina Freedom of Information Act

H. Contractor Illegal Immigration Compliance

I. Insurance

V. BACKGROUND

VI. SCOPE OF SERVICES

VII. PROPOSAL REQUIREMENTS AND FORMATTING

VIII. EVALUATION CRITERIA AND CONTRACT AWARD

IX. EXHIBITS

mailto:Tammy.Holman@bjwsa.org

2026-RFP-021 Page | 2

I. PROJECT TITLE & DESCRIPTION

Project Title: CIP-2482 AMIKids Beaufort

Project Description: The Project scope of services includes but is not limited to Project administration, Evaluation of Existing Conditions, Design and Permitting of water line extension to serve AMIKids Beaufort.

II. SMWBE GOOD FAITH EFFORT REQUIREMENTS

Respondents must complete BJWSA’s Good Faith Effort packet for Small, Minority and Women-Owned Business (SMWBE) Participation that is provided as a separate document with this solicitation as Exhibit E. If your firm is intending to self-perform 100% of the work/services, you simply need to return the Self-performance Affidavit with your proposal. If you will be utilizing subcontractors, please take special notice that there is a requirement for respondents to send written notice at least fifteen (15) business days prior to the response due date to the agencies listed in the packet informing them of: (1) your company’s intent to submit a proposal, and (2) request their assistance in the recruitment of small, minority and women-owned businesses as potential subcontractors.

III. PROJECT TIMELINE/KEY DATES

Solicitation Issued:

March 17, 2026 8:00 AM EDT

Optional Pre-Proposal Conference Virtual Option Link:

https://teams.microsoft.com/meet/23159328 981875?p=DFLJijOBRyKGXAl01N

March 24, 2026 @ 9:00 AM EDT at 6 Snake Road, Okatie, SC 29909

Deadline for Good Faith Effort Written Notice Requirement: (see paragraph above)

April 1, 2026 @ 4:00 PM EDT

Deadline for Questions: Questions must be submitted electronically at: BJWSA Procurement Portal

April 3, 2026 @ 4:00 PM EDT https://teams.microsoft.com/meet/23159328981875?p=DFLJijOBRyKGXAl01N https://teams.microsoft.com/meet/23159328981875?p=DFLJijOBRyKGXAl01N https://bjwsa.bonfirehub.com/

2026-RFP-021 Page | 3

Proposals Due by: Submit Proposals Electronically at: BJWSA Procurement Portal Responses received after the deadline or at any other location will not be accepted.

April 17, 2026 @ 2:00 PM EDT

Notification of Selection (Estimated)

June 01, 2026

Project Kickoff (Estimated)

June 15, 2026

IV. GENERAL INFORMATION AND INSTRUCTIONS

The Beaufort Jasper Water & Sewer Authority (“BJWSA”) is soliciting sealed proposals from qualified contractors (“Offerors” or “Contractors”) to perform the scope of work or services in accordance with the terms and conditions as set forth herein. This RFP is referenced on BJWSA’s website and posted to its Procurement Portal. Offerors must log in to the BJWSA Procurement Portal and register (free registration) in order to download the RFP and related documents. Copies obtained through any other source are considered unofficial and should not be relied upon.

A. BJWSA Rights/Acceptance of Proposals

It shall be understood that this Request for Proposal (RFP) is a request for information only and is not to be construed as an instruction or agreement to execute the work.

BJWSA reserves the right to accept or reject any or all submittals, to award multiple contracts for all or part of the scope of work, or to cancel in part or in whole this solicitation, if in the best interests of BJWSA. BJWSA reserves the right to refuse any and all submittals and to waive any technicalities and formalities. BJWSA reserves the right to waive any requirement in this solicitation including material requirements, if such material requirement is unmet by all Offerors, and a waiver is determined to be in the best interests of BJWSA. Should BJWSA choose to proceed with this scope of work, a contract and/or purchase order will be awarded to the responsive and responsible Offeror whose proposal is determined to offer the best overall value to BJWSA, based on the evaluation criteria outlined in this RFP.

B. Addenda

No oral or written statements made by Authority personnel shall be considered addenda to this RFP unless the statement is confirmed in writing and identified as a written addendum to this RFP. BJWSA requires that all issued addenda be https://bjwsa.bonfirehub.com/

2026-RFP-021 Page | 4 acknowledged by the Contractor by completing and submitting Exhibit C to be considered responsive.

C. Submission of Proposals

SUBMITTALS FOR THIS PROJECT WILL BE ACCEPTED ONLY ON THE BONFIRE

PROCUREMENT PLATFORM PRIOR TO THE PROPOSAL DUE DATE/TIME. Please log in to the following website to register (free registration) to submit a proposal for this project. Each proposal must be submitted electronically via the BJWSA Procurement Portal and include all required documents and information. In the event you are having technical issues with your submission, Bonfire Support can be found at Technical Support.

BJWSA will not be liable for any expenses incurred by respondents in the preparation of proposals. All proposals become the property of BJWSA once submitted.

D. Contractor Communications

Commencing on the date of this RFP is issued and until BJWSA makes public notice of contract award, Contractor communications with any BJWSA staff or Board member regarding this RFP is expressly prohibited, except communications occurring during a scheduled pre-proposal conference or through the submission of questions via the BJWSA Procurement Portal. Failure to comply with this restriction may result in the disqualification of the offending Contractor from consideration for contract award under this RFP, and exclusion from future BJWSA business opportunities.

E. Opening of Proposals

There will be no onsite meeting for the opening of proposals. Instead the opening of proposals will be held virtually. A public link for live video and audio access to virtual opening is available BJWSA Virtual Openings. Only the names of respondents will be shared during the opening and no other information will be shared that time. This virtual opening will go active for registration and log-in starting at 1:45 PM with the actual reading or respondents to commence at 2:00 PM. The video and communication stream will be one-way.

BJWSA reserves the right to seek clarification from any Offeror to assist in making decisions.

https://bjwsa.bonfirehub.com/portal/support https://bjwsa.bonfirehub.com/portal/support https://bjwsa.org/241/Bid-Openings

2026-RFP-021 Page | 5

F. Construction and Safety Standards

For all construction related projects, the standards of construction shall be in accordance with all applicable specifications and details provided in the BJWSA Technical Specifications. Contractors shall submit with their proposal their Experience Modifier Rate as well as their Health and Safety Plan. This information will be reviewed by BJWSA’s Safety Division and may factor into the determination of Offeror’s responsibility for purposes of contract award.

G. South Carolina Freedom of Information Act

BJWSA is a political subdivision of the State of South Carolina. As such, BJWSA is subject to the South Carolina Freedom of Information Act (“FOIA, SC Code Ann.

Section 30-4-10, et seq). Under SC Code Ann. Section 30-4-40(5), documents incidental to proposed contractual arrangements are exempt from disclosure until such time as a contract has been entered into. Accordingly, once a contract has been executed, all submitted proposals are subject to disclosure by BJWSA upon receipt of a FOIA request. Regardless of materials that may be marked as “Confidential”, “Proprietary” or other similar labeling, only materials that meet the criteria established by SC Code Ann. Section 30-4-40 can be exempted from disclosure in response to a FOIA request. Pricing and fee information is not exempt from disclosure under the South Carolina Freedom of Information Act.

H. Contractor Illegal Immigration Compliance

Each Contractor shall submit a completed and signed Contractor Illegal Immigration Compliance Affidavit, attached as Exhibit B, and remain in compliance with the requirements of the Affidavit throughout the term of its contract with BJWSA.

I. Insurance

If awarded a contract, the Contractor shall not commence work until it has obtained all insurance required as stated under this paragraph and such insurance has been approved by BJWSA. The Contactor shall not allow any subcontractor it has engaged for services under an awarded contract to commence work until the subcontractor has also obtained the required coverage.

The Contractor shall, at his sole expense, maintain in effect at all times, during the performance of work, insurance coverage with limits not less than those set forth below. However, the required Insurance limits may be increased depending on the scope and size of the project. All insurance procured must include both ongoing https://bjwsa.org/172/Technical-Specifications https://bjwsa.org/172/Technical-Specifications https://www.scstatehouse.gov/code/t30c004.php

2026-RFP-021 Page | 6 operations and completed operations coverage. Additionally, all insurance coverage, including the Additional Insured coverage required below, must be maintained for a period of eight (8) years from the date of the Certificate of Substantial Completion or the Certificate of Occupancy, whichever is dated later.

As evidence that the required insurance coverage and limits are in full force and effect, the Contractor shall deliver Certificates of Insurance to BJWSA prior to execution on the contract by BJWSA, and prior to commencing work under an awarded contract.

Certificates shall provide that not less than thirty (30) days advance written notice will be given to BJWSA prior to cancellation, termination or material alteration of said policies of insurance. Certificates shall identify the Project Title.

Required Coverages

Medium Risk Profile (Authority’s Standard Requirement) Requirement

Commercial General Liability Products/Completed Operation

$1,000,000*

Automobile Liability

Workers’ Compensation

$500,000

Employers Liability

500/500/500*

Waiver of Subrogation on WC

Required if available

Umbrella /Liability

May be required depending on the size and scope of the project.

Professional Liability

*Insurance limits may be increased depending on the size and scope of the project.

Additional Insured: The Commercial General Liability and Excess Liability (Umbrella) insurance policies shall be endorsed to include BJWSA as an additional insured. Such

2026-RFP-021 Page | 7 insurance shall be primary and not be contributory with any other insurance maintained by BJWSA. Additional Insured Coverage must be purchased for ongoing and completed operations for a period of eight (8) years from the date of the Certificate of Substantial Completion or the Certificate of Occupancy, whichever is dated later.

The Contractor or any approved subcontractor or sub-subcontractor shall name BJWSA, its officers, officials, agents and employees as an Additional Insureds on every required policy of insurance and shall provide BJWSA with a copy of the necessary Certificate of Insurance which reflects the designation of BJWSA, its officers, officials, agents and employees as an Additional Insured under the policy.

Contractor shall also provide, upon request, a copy of the Declarations Page of the applicable policy also noting BJWSA, its officers, officials, agents and employees as Additional Insureds under the policy. This Additional Insured coverage shall be primary and noncontributory over BJWSA’s own policies of insurance and shall include both ongoing operations and completed operations coverage for a period of eight (8) years from the date of the Certificate of Substantial Completion or the Certificate of Occupancy, whichever is dated last.

V. BACKGROUND

Beaufort-Jasper Water and Sewer Authority (BJWSA) is seeking proposals from qualified and experienced engineering firms, to provide engineering services required for Project Administration and Design of water line extension to provide potable water service to AMIKids Beaufort. The proposed project will connect a new water main to the existing distribution system at the intersection of Kinloch Road (State Road S-7-43) and Porches Hill Road (State Road S-7-769), in Seabrook, Unincorporated Beaufort County, and will extend to the end of Honeybee Island Road.

This project is funded in part through the U.S. Department of Housing and Urban Development’s FY2024 Community Project Funding (CPF) program, with the remaining cost provided by AMIKids Beaufort.

BJWSA will select an Engineer from the submitted proposals based upon selection criteria provided in Section VII.

VI. SCOPE OF SERVICES

The Project scope of services includes, but is not limited to Project administration, Evaluation of Existing Conditions, Design and Permitting of water line extension to serve AMIKids Beaufort.

2026-RFP-021 Page | 8

Selected Engineer must be able to perform the following tasks and provide the deliverables as requested, on schedule, and within the proposed budget.

Task 1 – Project Administration Task 2 – Evaluation of Existing Conditions, and Survey Data Task 3 – Preliminary Design Task 4 – Geotechnical Exploration Task 5 – Final Design, 50%, 90%, and 100% submittals Task 6 – Permitting Task 7 – Easement Support Task 8 – Bidding Support

A proposed scope of services is attached to this RFP as Exhibit G

Construction phase and construction close-out services are not included in the initial contract award but may be added through a subsequent contract amendment at the owner’s discretion.

Billing:

All invoices must be emailed to invoices@bjwsa.org.

VII. PROPOSAL REQUIREMENTS AND FORMATTING

Offeror proposals shall provide the following and comply with any formatting restrictions stated herein. BJWSA requests Offerors to provide as much relevant information as possible (subject to any stated page limitations) when responding to this RFP to allow BJWSA to effectively evaluate your proposal against the stated Evaluation Criteria and competing proposals.

Interested firms must submit a proposal that includes the following:

A. Main Proposal

1. Cover Letter and Firm Information (2-page limit): Firm name, address, contact information, and legal status.

2. Qualifications and Experience (5-page limit):

This section should discuss the demonstrated qualifications and experience of your firm and your project team with similar projects preferably grant funded. Limit your summary to include five project references (1 page per project reference). For each reference project, include start and end dates, cost of engineering, cost of mailto:invoices@bjwsa.org

2026-RFP-021 Page | 9 construction, current client point of contact with email and phone, team members, and relevance to this project.

3. Project Personnel (5-page limit):

This section should contain an organizational chart for the proposed project team.

Identify personnel with key responsibilities for this project, including a description of their roles and duties, and brief biographical resumes of the key individuals with emphasis on their background on comparable projects. This section should also provide information on any proposed subcontractors.

4. Project Approach (5-page limit):

This section should reflect your firm’s understanding of the requirements of the project based on the project summary and proposed scope of services provided.

Outline the individual approach to delivering requested services, focusing on the unique value your team will bring to the project and BJWSA. This should not be a repeat of scope as outlined in this RFP.

5. Schedule and Availability (2-page limit):

This section should include a schedule depicting the tasks described above as well as a summary of availability of key staff to support this project.

Additional Information Regarding Page Count:

• The proposal cover page and any section dividers will not count towards the proposal page limit.

• Proposals may include up to two 11x17 pages that will only count as one page each.

B. Fee Proposal

Proposed fees should be based on the information included in this RFP and the Scope of Work/Services. The fee will be hourly, not to exceed, and must include all associated hourly rates with the number of hours associated with each task. Proposed fee should include any subconsultants and associated hourly rates.

Fee Proposals shall be submitted on Exhibit H as a separate electronic file. NO

PRICING INFORMATION SHALL BE INCLUDED WITHIN THE MAIN PROPOSAL

DOCUMENT, DOING SO WILL RESULT IN REJECTION OF THE PROPOSAL. All Proposal fees and pricing shall be valid and honored for a period of at least ninety (90) days from the Submittal Deadline.

2026-RFP-021 Page | 10

VIII. EVALUATION CRITERIA AND CONTRACT AWARD

BJWSA will evaluate all proposals and select the option that is in the best overall interest of the Authority. Proposals will be reviewed by selected BJWSA staff and a recommendation for contract award will be made to BJWSA leadership. The contract award will be announced and published on the BJWSA Procurement Portal after approval by BJWSA leadership. Offeror proposals will be evaluated upon the weighted criteria listed below.

Project Approach 40 points Proposed Fee 30 points Firm Qualifications and Experience 10 points Project Personnel/Team 10 points Schedule and Availability 10 points Total 100 points

Interviews are not anticipated; however, BJWSA reserves the right to conduct interviews, if deemed necessary for a select group of finalists. The resulting contract will utilize BJWSA's contract terms and conditions which have been included Exhibit A of this RFP, adjusted by project specifics and contract negotiations.

IX. EXHIBITS

The following exhibits are included and made part of this RFP:

EXHIBIT A: CONTRACT TERMS AND CONDITIONS

Exhibit B: Sc Illegal Immigration Act Affidavit

Exhibit C: Acknowledgement Of Addenda

Exhibit D: Non-Collusion Statement

Exhibit E: Small & Minority Business Good Faith Packet

Exhibit F: Submittal Checklist

Exhibit G: Scope Of Work/Services

Exhibit H: Cost Proposal And Signature Page

Exhibit I: Project Location Map (See Separate Document)

EXHIBIT J: DALE CDBG WM EXTENSION RECORD DRAWINGS, 2009 (see separate document)

EXHIBIT A: CONTRACT TERMS & CONDITIONS

AGREEMENT FOR

ENGINEERING/DESIGN SERVICES

BETWEEN

BEAUFORT-JASPER WATER AND SEWER AUTHORITY

AND

This Agreement is made and entered into this day of , 2026 (“Effective Date”) provided by and between _________________ (“Engineer”) and Beaufort-Jasper Water and Sewer Authority (“BJWSA”) for the provision of Engineering and Services by Engineer to BJWSA pursuant to 2026-RFP-021 and CIP-2482. The parties intend for this Agreement to govern the relationship between the parties as set forth herein. In consideration of the mutual promises contained herein, BJWSA and Engineer agree as follows:

Article 1 Scope of Services

1.1 Engineer shall provide engineering/design services as set forth in the Scope of Services detailed in Exhibit ___ which is attached hereto as and made part of this Agreement.

Article 2 Compensation

2.1 Engineer shall be compensated for all services provided to BJWSA in accordance with the terms set forth in the fee schedule which is attached hereto as Exhibit ___ and made part of this Agreement.

2.2 Engineer shall submit invoices for services rendered on a monthly basis which invoices are due and payable within thirty (30) days of receipt by BJWSA.

Article 3 Term

3.1 This Agreement shall for a period of _______ (#) years from the Effective Date this Agreement. Any extension of the term of this Agreement is effective only by written amendment.

3.2 Engineer acknowledges that the services required by BJWSA are time sensitive and that time is of the essence in the performance of those services. The required schedule for the performance of the services is set forth in Exhibit ___.

Article 4 BJWSA Responsibilities

4.1 Upon execution of this Agreement BJWSA shall designate in writing a person who will act as BJWSA’s representative with authority to receive information and requests from Engineer. This designated person shall also have authority to provide instruction and clarification to Engineer as required through the Request for Information (RFI) process.

4.2 BJWSA shall make available to Engineer any pre-existing reports, studies or other information regarding the project which are reasonably available to BJWSA and which relate to the services to be provided by the Engineer.

4.3 BJWSA shall provide all project criteria and information regarding BJWSA’s requirements for the project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. BJWSA shall also provide copies of any design or construction standards which are required for the work performed by Engineer.

4.4 BJWSA shall be responsible for obtaining all approvals and permits from governmental authorities having jurisdiction over the work, with reasonable assistance from Engineer as required to obtain such approvals or permits.

Article 5 Standard of Care

5.1 Engineer warrants that all services provided under this Agreement shall be performed with the standard of care exercised by competent and prudent engineers ordinarily practicing in the specific field within the state of South Carolina.

Article 6 Engineer Responsibilities

6.1 Engineer shall be responsible for exercising the standard of care set forth above in performing all services under this Agreement.

6.2 Engineer shall complete all services required under this Agreement in a timely manner and in accordance with all specific time requirements set forth by

BJWSA.

6.3 Engineer shall assist BJWSA, at BJWSA’s request, with services necessary to obtain approval and permits from governmental authorities having jurisdiction over the project.

6.4 If Construction Administration services are required, Engineer shall visit the project site at intervals sufficient to be familiar with the progress and quality of the work being performed which shall be, at a minimum, two (2) times per month with such visits increased on a case-by-case basis dependent on the complexity of the project and as specified in the Scope of Services.

Article 7 Ownership of Plans

7.1 BJWSA acknowledges that any plans or drawings produced by Engineer are instruments of service for use on this specific Project. Engineer retains ownership of all such plans and drawings but does hereby grant to BJWSA an unlimited license to use all such plans and drawings on this Project.

Article 8 Insurance

8.1 Engineer shall procure and maintain during the life of this contract, whether such operation be by itself or by a subcontractor or anyone directly or indirectly employed by either of them, such insurance as required by statute and/or ordinance to adequately protect BJWSA from any claims or damages, including bodily injury or death, which may arise from them during operations of this contract.

8.2 Limits of Liability: Insurance shall be maintained for not less than:

Required Coverages

Medium Risk Profile (Authority’s Standard Requirement) Requirement

Commercial General Liability Products/Completed Operation

Automobile Liability

Workers’ Compensation

$500,000

Employers Liability

500/500/500*

Waiver of Subrogation on WC

Required if available

Umbrella /Liability

May be required depending on the size and scope of the project.

Professional Liability

Environmental/Pollution Liability (required if demolition, use of hazardous materials or environmentally sensitive)

Fidelity Bond (required for contracts such as Banking, Janitorial, Fund Raising, TPA’s and similar)

$500,000*

* - Additional Limits may be requested depending on size of the project.

8.3 Certificates of Insurance: The Contractor shall furnish to BJWSA, certificates showing the type, amount, class of operations covered, effective dates and expiration dates of all policies.

BJWSA, its officers, officials, agents and employees shall be named as Additional Insureds on every required policy of insurance (except Workers' Compensation and Professional Liability) and shall provide BJWSA with a copy of the necessary Certificate of Insurance which reflects the designation of BJWSA, its officers, officials, agents and employees as an Additional Insured under the policy.

Contractor shall also provide, upon request, a copy of the Declarations Page of the applicable policy also noting BJWSA, its officers, officials, agents and employees as Additional Insureds under the policy.

This Additional Insured coverage shall be primary and noncontributory over BJWSA’s own policies of insurance and shall include both ongoing and completed operations coverage for a period of Eight (8) years beyond substantial completion.

No services shall be provided by Engineer and no payment shall be due from to Engineer for services rendered pursuant to this Agreement until Engineer has provided BJWSA a Certificate of Insurance indicating that the insurance coverages required in this Agreement are in full force and effect. Engineer is required to provide a new Certificate of Insurance on at least an annual basis, or more frequently as requested by BJWSA.

Article 9 Indemnity

9.1 Engineer agrees to defend, indemnify and hold harmless BJWSA from any losses, damages, liabilities or expenses, including attorney’s fees resulting from or arising out of the negligence or willful misconduct of the Engineer provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property including the loss of use resulting there from; and is caused in whole or in part by any negligent or willful act of omission of the Engineer and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

Article 10 Termination

10.1 Engineer may terminate this Agreement for cause in the event of a material breach by BJWSA including the repeated and persistent failure of BJWSA to pay undisputed invoices in a timely manner.

10.2 BJWSA may terminate this Agreement for cause in the event that Engineer fails to properly perform its services, fails to perform its services in a timely manner or in accordance with the schedule agreed to by the parties, or commits significant or repeated errors in its’ work product.

10.3 BJWSA may terminate this Agreement for convenience, without any cause, upon thirty (30) days’ written notice to Engineer.

10.4 Upon termination of this Agreement for cause, BJWSA shall have no obligation to pay Engineer any additional compensation until such time as all engineering services required of Engineer have been properly performed. If those services are provided by a third party, then the cost paid by BJWSA for those services shall be deducted from any remaining balance due to Engineer under a lump sum contract or shall be equitably set off against any balance due under a time and materials agreement and any balance remaining shall then be paid to Engineer.

10.5 In the event of termination by BJWSA for convenience, BJWSA shall make payment to Engineer for all undisputed amounts due within forty-five (45) days of the date of notice of the termination.

Article 11 Dispute Resolution

11.1 The parties shall attempt to resolve any dispute involving this Agreement by first utilizing direct negotiations between senior management from each party.

11.2 In the event that initial efforts at resolving any dispute arising under this

Agreement are unsuccessful, then it shall be a condition precedent to initiating litigation that the parties shall engage in mediation with a mediator certified in the State of South Carolina, or any other person mutually agreed to by the parties. In the event that the parties are unable to agree on a mediator, either party may apply to the resident judge of the Court of Common Pleas in Beaufort County, South Carolina for the appointment of a mediator. All mediation costs and expenses shall be born equally between the parties.

11.3 In the event that any disputes remain unresolved after mediation, the parties agree that the venue for litigation shall be the Court of Common Pleas in Beaufort County, South Carolina.

Article 12 General Provisions

12.1 The nature of this Agreement is one that requires the Engineer to provide specialized professional services. There can be no assignment of the rights and obligations under this Agreement by either party without the express written consent of the other party.

12.2 Any notice required to be sent in accordance with this Agreement shall be delivered by United States Postal Service to the address provided below the signatures for each party.

12.3 This Agreement shall be interpreted in accordance with the provisions of

South Carolina law.

12.4 This is the entire agreement between the parties and incorporates and supersedes all prior discussions and negotiations.

12.5 Any change to this Agreement must be in writing, signed by both parties, in order to be effective.

12.6 The relationship between BJWSA and Engineer shall be that of an independent contractor as defined under the laws of the State of South Carolina. Nothing in this Agreement shall convert the relationship between BJWSA and Engineer into an employer/employee relationship.

12.7 The Engineer and all covered subcontractors shall abide by the requirements of 29 CFR Part 741, 41 CFR § 60-1.4(a), Appendix A to Subpart A, 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered Engineers and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability.

12.8 The South Carolina Illegal Immigration Act Contractor Affidavit, Exhibit

___, shall be a requirement of this Agreement.

IN WITNESS WHEREOF, the parties hereto do sign and seal this Agreement effective as of the date shown above.

BEAUFORT-JASPER WATER AND

SEWER AUTHORITY

ATTEST: By:

(Printed Name)

Title:

Address: Beaufort-Jasper Water and Sewer Authority 6 Snake Road Okatie, South Carolina 29909

(ENGINEER)

ATTEST: By:

(Printed Name)

Address:

2026-RFP-021

Exhibit B Contractor Illegal Immigration Compliance Affidavit

SOUTH CAROLINA ILLEGAL IMMIGRATION REFORM ACT

In accordance with the requirements of the South Carolina Illegal Immigration Reform Act, ____________________________________________ (“Contractor”) hereby certifies that it is currently in compliance with the requirements of Title 8, Chapter 14 of the S. C. Code Annotated and will remain in compliance with such requirements throughout the term of its contract with Beaufort Jasper Water and Sewer Authority.

The Contractor hereby acknowledges that in order to comply with requirements of S. C. Code Annotated Section 8-14-20 (B), it will register and participate in the federal work authorization program (E-Verify) to verify the employment authorization of all new employees; and require agreement from its subcontractors, and through the subcontractors, the sub-subcontractors, to register and participate in the federal verification employment authorization of all new employees.

The Contractor agrees to provide to Beaufort Jasper Water and Sewer Authority upon request any documentation required to establish the applicability of the South Carolina Illegal Immigration Reform Act to the contractor, subcontractor or sub-subcontractor. The Contractor further agrees that it will upon request provide Beaufort Jasper Water and Sewer Authority any documentation required to establish that the Contractor and any subcontractors or sub-subcontractors are in compliance with the requirements of Title 8, Chapter 14 of the S. C. Code Annotated.

Date: _____________________ By: _____________________________________ (Contractor Authorized Signature)

(Contractor Print Name/Title)

(Name of Company) https://www.e-verify.gov/employers

EXHIBIT C

ACKNOWLEDGEMENT OF ADDENDA

I (We) hereby acknowledge receipt of the following Addendum/Addenda issued in reference to this solicitation by listing the Addenda by number, date and signing the form:

Addendum Date:

Addendum Date:

Addendum Date:

Addendum Date:

RESPONDENT:

(Company Name)

By:

(Authorized Signature)

(Printed Name of Signer)

(Title of Signer)

(Date Signed)

EXHIBIT D

NON-COLLUSION STATEMENT

This proposal is submitted for use in connection with and in response to this RFP. This is to certify to the best of my knowledge and belief that the cost and pricing data summarized herein are complete, current and accurate as of date of signature below, and that a financial management capability exists to fully and accurately account for the financial transactions under this project. I further certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies or equipment and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this proposal and certify that I am authorized to sign this proposal for the Offeror.

Signature of Offeror Date

Printed Name and Title of Offeror

Company Name

Email Address

Telephone Number

EXHIBIT E

Contractor Good Faith Effort Package for Small and Minority Business Participation

PLEASE REVIEW

THIS SECTION CAREFULLY &

PAY PARTICULAR ATTENTION TO

“PRE-AWARD DOCUMENTS”

DUE WITH YOUR BID/PROPOSAL

Failure to meet the requirements and/or furnish the requested documents is grounds for rejection of your bid/proposal.

Small and Minority Business Participation Program Documents Overview*

PRE-AWARD DOCUMENTS

Item/Form Submission Requirements

1 Program Overview n/a

2 Self-Performance Affidavit Indicates intention to perform all work and/or services with own current workforce with no subcontractors.

Due with bid/proposal only if self-performing 100%.

If Not 100% Self-Performing, Items 3-8 Below Must Be Completed and Submitted With Your Bid or Proposal n/a

3 Good Faith Efforts Checklist Indicates the actions undertook to recruit and solicit small and minority businesses for this project.

Due with bid/proposal.

4 Good Faith Agencies Distribution List Indicates agencies that should receive notice of solicitation to small and minority businesses for this project.

Copy of notice sent to good faith agencies due with bid/proposal.

5 Outreach Written Notice Example Sample of notice to be sent to small and minority businesses soliciting their participation for this project.

Copy of notice sent to small and minority businesses due with bid/proposal.

6 Non-Discrimination Statement – Exhibit 1 Certification that this project is open to all businesses and persons and that no business or person shall be excluded from participating in the Beaufort-Jasper Water & Sewer Authority procurement process.

Due with bid/proposal.

7 Outreach Documentation Log – Exhibit 2 Documents solicitation efforts to obtain small and minority business participation for this project.

Due with bid/proposal.

8 Proposed Utilization Plan – Exhibit 3 Listing of the small and minority businesses that will participate on this project and their proposed contract dollar amounts.

Due with bid/proposal.

POST-AWARD DOCUMENTS

Item/Form Submission Requirements

9 Compliance Efforts This document indicates the actions required of the offeror to earnestly carry out the small and minority business utilization plan and document payments thereof.

n/a

10 Quarterly Compliance Status Report – Exhibit 4 Certifies quarterly usage and payments to small and minority businesses.

Due quarterly after work commences throughout the life of the contract.

* NOTE: Projects involving Federal funds may have specific participation goals and requirements which must be met in addition to Beaufort-Jasper Water & Sewer Authority’s requirements.

Introduction Beaufort-Jasper Water & Sewer Authority (BJWSA) recognizes that businesses owned and operated by minority persons have been historically restricted from full participation in our free enterprise system to a degree disproportionate to other businesses; and that it is in BJWSA’s best interest to assist minority-owned businesses to develop fully as a part of BJWSA’s policies and programs which are designed to promote balanced economic and community growth throughout the state.

Therefore, BJWSA wishes to ensure that those businesses owned and operated by minorities are afforded the opportunity to fully participate in its overall procurement process for goods and services. Further, BJWSA seeks to ensure that small businesses are likewise afforded the same participation opportunity as minority businesses. Consequently, attention of all bidders and proposers is called to contract conditions contained herein pertaining to BJWSA’s Small and Minority Business Participation Program.

Definitions Small Business means a for-profit concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on government contracts, and certified as a small business by any governmental entity or other public procurement unit having a certification program. BJWSA refers to these businesses as Small Business Enterprises or “SBEs”.

Minority Business means a concern at least fifty-one percent (51%) owned by a person determined to be socially and economically disadvantaged as certified by any governmental entity or other public procurement unit having a certification program. Socially disadvantaged means those persons who have been subject to racial or ethnic prejudice or cultural bias because of their identification as members of a certain group without regard to their individual qualities. Such groups include, but are not limited to, Black Americans, Hispanic Americans, Native Americans (including American Indians, Eskimos, Aleuts and Native Hawaiians), Asian Pacific Americans, women and other minorities to be designated by BJWSA. Economically disadvantaged means those socially disadvantaged persons whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area that are not socially disadvantaged. BJWSA refers to minority businesses as Minority Business Enterprises or “MBEs”.

Small and Minority Business Enterprises may be abbreviated collectively as “SMBEs”.

Provisions The successful bidder or proposer, hereafter referred to as “Contractor”, is required to (1) make specific Pre-Award “Good Faith Efforts” to recruit SMBEs and (2) Post-Award “Compliance Efforts” of its labors to utilize SMBEs, unless self- performing one hundred percent (100%) of the contract work. Falsification of any pre-award or post-award documents will be considered a serious breach of public trust and funds.

PROGRAM OVERVIEW

If self-performing 100% sign below and return this page with your bid/proposal.

I hereby certify my company’s intent to perform one hundred percent (100%) of the work required as provided in this RFP.

By signing this affidavit, I further certify that my company has the capability to perform and will perform all elements of the work on the project referenced above with my company’s employees.

I further agree to provide additional information or documentation requested by the Beaufort-Jasper Water & Sewer Authority in support of the above statement.

If a need to subcontract all and/or some of my company’s work on this project arises, I will notify Beaufort-Jasper Water & Sewer Authority’s Procurement Office in writing within three (3) business days.

Name of Company

Authorized Representative Name

Signature

Title

Date

State of County of

Subscribed and sworn to before me this day of 20

Notary Public My Commission Expires:

SELF-PERFORMANCE AFFIDAVIT

Pre-award efforts include the following “good faith efforts” for Contractors intending to use subcontractors, or the bid/proposal may be rejected.

If using subcontractors, return this page (and required supporting documents) with your bid/proposal.

Divide and/or combine scope of work packages into economically feasible units, if possible. You can find directories of SMBEs by going to the following websites:

www.scdot.org | https://smbcc.sc.gov/directory.html | https://www.dot.ga.gov/ | http://www.gmsdc.org https://www.gwbc.org |

Send a written notice at least fifteen (15) business days prior to the bid/response due date of your intent to submit a bid/response, and express interest in receiving quotes thereof to (1) potential SMBEs and (2) “good faith agencies”:

The written notice should contain the Contractor’s name and contact information; project name; project number; scope of work/bid packages available for subcontracting; information on availability of plans and specifications; and the Contractor’s company policy regarding insurance, bonding, and financial requirements, if any.

Submit with the bid/proposal, copies of the written notice sent specifically to SMBEs, along with the fax transmittal confirmation slips (if sent by fax), copies of the e-mails (if e-mailed), and/or copies of metered or stamped envelopes (if sent by mail).

Submit with the bid/proposal, copies of the written notice sent specifically to the “good faith agencies”, along with the fax transmittal confirmation slips (if sent by fax), copies of the e-mails (if e-mailed), and/or copies of metered or stamped envelopes (if sent by mail).

Complete and submit Exhibits 1-3 with all requested supporting documentation (where applicable):

Exhibit 1: Non-Discrimination Statement Exhibit 2: Outreach Documentation Log Exhibit 3: Proposed Utilization Plan

The undersigned acknowledges making a good faith effort to comply with the above areas checked:

Authorized Representative Name

Signature Date

GOOD FAITH EFFORTS CHECKLIST(PRE-AWARD)

http://www.scdot.org/ https://smbcc.sc.gov/directory.html https://www.dot.ga.gov/ http://www.gmsdc.org/ https://www.gwbc.org/

Send written notice at least fifteen (15) business days prior to the bid/response due date to all the agencies listed below and do the following: (1) indicate your company’s intent to submit a bid/response and (2) request their assistance in the recruitment of small and minority businesses. You may mail OR e-mail the notice.

Submit with your bid/proposal copies of the written notices sent to these agencies.

Beaufort County Black Chamber of Commerce Attention: President 711 Bladen Street Beaufort, SC 29902 EMAIL: jfleming@bcbcc.org https://www.bcbcc.org

Beaufort Regional Chamber of Commerce Attention: Director of Membership Post Office Box 910 Beaufort, SC 29901 EMAIL: hello@beaufortchamber.org https://beaufortchamber.org

Hilton Head Island-Bluffton Chamber of Commerce Attention: Membership Administrator Post Office Box 5647 Hilton Head Island, SC 29938 EMAIL: knelson@hiltonheadisland.org https://www.hiltonheadchamber.org

SCDOT Disadvantaged Business Enterprise Program Attention: Director Minority & Small Business Affairs 955 Park Street P.O. Box 191 Columbia, SC 29201-3959 EMAIL: davisg@scdot.org https://www.scdot.org

Small Business Administration Attention: Business Opportunity Specialist 1835 Assembly Street, Suite 1425 Columbia, SC 29201 EMAIL: angela.brewer@sba.gov https://www.sba.gov/district/south-carolina

Jasper County Chamber of Commerce Attention: President 403 Russell Street PO Box 1267 Ridgeland, SC 29936 EMAIL: jasperchamber@jaspersc.org https://jaspersc.org

GOOD FAITH AGENCIES DISTRIBUTION LIST

mailto:jfleming@bcbcc.org https://www.bcbcc.org/ mailto:hello@beaufortchamber.org https://beaufortchamber.org/about-us/contact-us/ mailto:knelson@hiltonheadisland.org https://www.hiltonheadchamber.org/ mailto:davisg@scdot.org https://www.scdot.org/business/bus-development-dbe-certification.html mailto:angela.brewer@sba.gov https://www.sba.gov/district/south-carolina mailto:jasperchamber@jaspersc.org https://jaspersc.org/

Send written notice at least fifteen (15) business days prior to the bid/response due date to potential small and minority businesses and provide notice of the following: (1) intent to submit a bid/response and (2) interest in receiving quotes from small and minority businesses.

Notices Should be Emailed Rather Then Sent U.S. Mail

EXAMPLE

Company Address Company Phone # Company Email

Subcontractor Company Name Subcontractor Mailing Address Subcontractor City, State, Zip Subcontractor Email

Dear Subcontractor Company Name:

Company Name is pursuing work with the Beaufort-Jasper Water & Sewer Authority and intends to submit a bid/proposal for

IFB/RFP # ___________.

We have the following opportunities for subcontracting on this project:

• Describe Bid Package 1

• Describe Bid Package 2

• Describe Bid Package 3

• Etc…

Plans and specifications are available at our office and at and .

It is the policy of Company Name that interested subcontractors provide _________________________. (state what is required of subcontractors in terms of information and documentation)

The IFB/RFP closing date is _ at insert time and therefore, we must receive your quote/proposal into our office no later than insert time.

If you have any questions, please contact Mr. /Ms. at our company.

We look forward to hearing from you. Sincerely, OUTREACH WRITTEN NOTICE EXAMPLE

EXHIBIT 1

Non-Discrimination Statement

The Bidder/Proposer certifies that:

1) No person shall be excluded from participation in, denied the benefit of, or otherwise discriminated against on the basis of race, color, national origin, or gender in connection with any IFB/RFP submitted to the Beaufort-Jasper Water & Sewer Authority or the performance of any contract resulting thereof;

2) That it is and shall be the policy of this Company to provide equal opportunity to all business persons seeking to contract or otherwise interested in contracting with this Company for Beaufort-Jasper Water & Sewer Authority contracts, including those companies owned and controlled by socio-economic and racial minorities;

3) In connection herewith, we acknowledge and warrant that this Company has been made aware of, understands and agrees to take affirmative action to provide such companies with the maximum practicable opportunities to do business with this Company;

4) That this promise of non-discrimination as made and set forth herein shall be continuing in nature and shall remain in full force and effect without interruption throughout the life of the referenced contract with the Beaufort-Jasper Water & Sewer Authority;

5) That the promises of non-discrimination as made and set forth herein shall be and are hereby deemed to be made a part of and incorporated by reference into any contract or portion thereof which this Company may hereafter obtain and;

6) That the failure of this Company to satisfactorily discharge any off the promises of non-discrimination as made and set forth herein shall constitute a material breach of contract entitling the Beaufort-Jasper Water & Sewer Authority to declare the contract in default and to exercise any and all applicable rights and remedies including, but not limited to cancellation of the contract, termination of the contract, suspension and debarment from future contracting opportunities, and withholding and/or forfeiture of compensation due and owning on a contract.

Authorized Representative Name Signature email address

Return this page with your bid/proposal

EXHIBIT 2

Outreach Documentation Log

Bidder/Proposer Name:

IFB/RFP No.:

IFB/RFP Date:

Project Name:

LIST INFORMATION FOR THE S/MBEs YOU CONTACTED FOR INTEREST AND POTENTIAL PARTICIPATION

(Use additional sheets if necessary and mark “Exhibit 2 Attachment”)

Name of SMBE Firm Type Address

Telephone Number Trade/Commodity

Letter Sent (Y/N)

Response (No Response / Will Quote / Will Not Quote)

Result (If Submitting Quote)

The undersigned proposes to enter into a formal agreement with the SMBEs identified herein for work, schedule and value listed in this schedule conditioned upon execution of a contract with the Beaufort-Jasper Water & Sewer Authority.

Name: _ Signature: _ Title: _

EXHIBIT 3

Proposed Utilization Plan

Bidder/Proposer Name:

IFB/RFP No.:

IFB/RFP Date:

LIST INFORMATION FOR THE SMBEs YOU INTEND TO UTILIZE

(Use additional sheets if necessary and mark “Exhibit 3 Attachment”)

Name of SMBE Firm Type Address

Telephone Number Point of Contact Trade/Commodity Contract / PO Amount

Total Anticipated Small Business Enterprise Participation Dollar Value: $

Total Anticipated Minority Business Enterprise Participation Dollar Value: $

The undersigned proposes to enter into a formal agreement with the SMBEs identified herein for work, schedule and value listed in this schedule conditioned upon execution of a contract with the Beaufort-Jasper Water & Sewer Authority.

Name: _ Signature: _ Title: _

The successful Contractor is required to fulfill any Small and Minority Business Enterprise (SMBE) commitments made in conjunction with the “Pre-Award Good Faith Efforts”, unless good cause is demonstrated for any failure to fulfill such commitment.

If the Contractor intends to make any substitutions for any reasons, the Beaufort-Jasper Water & Sewer Authority Procurement Office must be notified in writing within ten (10) business days for discussion and approval.

This is the start of the file's text. The full file is on GovTribe.

File details come from the government source that posted it. Updated .