Asphalt Resurfacing for Solid Waste Convenience Centers.pdf

SOLICITATION TYPE: Invitation for Bid DATE: 10/8/2026

ID Number: 3059 Title: Asphalt Resurfacing for Solid Waste Convenience Centers

Due Date/Time: November 4, 2026 at 3:00 p.m.

LATE SUBMITTALS WILL NOT BE ACCEPTED

Opening Location:

Government Center Building Room 4200 6 S. Congress St., York, SC 29745

Point of Contact: Bryant Cook, Procurement Manager

Questions Deadline: No later than October 27, 2026 at 4:00 p.m.

Tentative Date of Council Approval: December 7, 2026

PO Box 180, 6 South Congress Street, York, SC 29745 Telephone: 803-684-8520

Teria G. Sheffield Procurement Director

PROCUREMENT DEPARTMENT

SECTION 1 SCOPE OF WORK AND SPECIFICATIONS

1.1 Description

1.1.1 York County Solid Waste Collection & Recycling Division is seeking sealed bids from qualified contractors interested in providing asphalt pavement removal/milling, subgrade inspection and repair, preparation, and repaving of existing driving surfaces at four (4) York County Collection and Recycling Centers, including two separate paving areas at the Lesslie Collection & Recycling Center.

1.1.2 The work generally consists of the removal or cold milling of existing asphalt pavement, inspection and proof-rolling of the exposed base/subgrade, localized repair of unsuitable or failed areas as directed by the Owner, preparation of the pavement surface, application of tack coat, and installation of new hot-mix asphalt pavement.

1.1.3 The completed pavement shall consist of Six (6) inches of new compacted asphalt pavement, in accordance with applicable South Carolina Department of Transportation (SCDOT) specifications and requirements.

1.2 Project Locations and Approximate Pavement Areas

1.2.1 The following quantities are approximate and are provided for bidding purposes:

Collection & Recycling Center Approximate Area

a. Eastview; 1675 Adnah Church Road, Rock Hill, SC - 1,230 square yards

b. Lesslie; 3211 Pantry Drive, Rock Hill, SC – Area 1 1,200 square yards

c. Lesslie; 3211 Pantry Drive, Rock Hill, SC – Area 2 725 square yards

d. Ogden Road; Ogden 780 West Hwy 324, Rock Hill, SC - 1,500 square yards

e. Mt. Gallant; 3986 Mt. Gallant Road, Rock Hill, SC - 1,500 square yards

Total Approximate Pavement Area: 6,155 Square Yards

1.2.2 Actual quantities may vary based upon field conditions and final limits established by the Owner.

1.2.3 The Contractor shall visit each project location prior to submitting a bid and shall familiarize itself with existing conditions, access, drainage, utilities, pavement conditions, traffic patterns, and other conditions that may affect the work.

1.2.4 All sites are open from 7:00 a.m. to 7:00 p.m. Monday, Tuesday, Thursday, Friday and Saturday.

1.3 Scope of Work

1.3.1 The Contractor shall furnish all labor, materials, equipment, supervision, transportation, disposal, testing, incidentals, and other services necessary to complete the work.

1.3.2 Work shall include, but shall not necessarily be limited to:

a. Mobilization and demobilization.

b. Protection of existing pavement, concrete, curbs, drainage structures, utilities, buildings, fences, and other adjacent improvements.

c. Removal or cold milling of approximately four (4) inches of existing asphalt pavement.

d. Loading, transportation, and disposal or recycling of removed asphalt materials.

e. Inspection and proof-rolling of the exposed base/subgrade.

f. Identification and repair of soft, unstable, pumping, rutting, or otherwise unsuitable areas.

g. Preparation and compaction of repaired areas.

h. Cleaning and preparation of the existing surface.

i. Application of tack coat.

j. Placement of approximately six (6) inches of new hot-mix asphalt in compacted lifts.

k. Compaction and quality control of each asphalt lift.

l. Construction and treatment of longitudinal and transverse joints.

m. Restoration of transitions at existing pavement, concrete, curbs, drainage structures, and other improvements.

n. Maintenance of proper drainage throughout construction.

o. Final cleanup of the work areas.

p. All other work necessary to provide a complete, smooth, durable, and properly draining asphalt driving surface.

1.4 Asphalt Pavement Removal / Cold Milling

1.4.1 The Contractor shall remove the existing asphalt pavement by cold milling or full-depth removal, as appropriate for the existing conditions and as approved by the Owner.

1.4.2 Existing asphalt pavement is generally anticipated to be approximately four (4) inches thick. The Contractor shall verify existing pavement thickness and conditions prior to commencing work.

1.4.3 The removal operation shall be performed in a manner that minimizes disturbance to the underlying base/subgrade and protects adjacent pavement, concrete, curbs, drainage structures, utilities, and other improvements.

1.5 Equipment

1.5.1 Where cold milling is utilized, equipment shall be capable of removing the existing asphalt to a consistent depth and profile.

1.5.2 Milling equipment shall have automatic grade and slope controls where practical and shall be capable of producing a uniform milled surface.

1.5.3 The cutting head of the milling machine shall be a minimum of four (4) feet in width unless otherwise approved by the Owner.

1.5.4 Equipment shall be properly maintained and operated to prevent damage to adjacent improvements.

1.6 Removal Procedure

1.6.1 Asphalt removal shall be performed in a manner that prevents tearing, breaking, undermining, or otherwise damaging the underlying base/subgrade or adjacent pavement and concrete.

1.6.2 The Contractor shall take particular care at pavement edges, concrete interfaces, drainage structures, utility structures, curbs, and other areas where mechanical milling equipment cannot safely operate.

1.6.3 The Contractor shall not remove or disturb underlying aggregate base or subgrade materials unless specifically authorized by the Owner.

1.6.4 Removed asphalt shall be loaded and transported in a manner that prevents material from being deposited on public roads or other areas.

1.6.5 The Contractor shall sweep and clean the milled surface prior to paving.

1.6.6 Dust generated by milling, sweeping, or other construction activities shall be controlled.

1.6.7 Any localized areas of distress, instability, or failure discovered after removal shall be brought to the attention of the Owner before new asphalt is placed.

1.7 Removal, Transportation, and Disposal of Material

1.7.1 The Contractor shall be responsible for loading, hauling, transportation, disposal, and/or recycling of all removed asphalt pavement and other materials generated by the work.

1.7.2 The Contractor shall coordinate with York County regarding disposal of removed asphalt and other acceptable materials at the York County landfill.

1.7.3 Where the York County landfill accepts the material and applicable tipping fees are waived or otherwise reduced for County project material, the Contractor shall transport the material to the designated York County disposal location as directed by the Owner.

1.7.4 The Contractor shall include all loading, hauling, transportation, unloading, handling, and disposal costs in its bid unless specifically identified otherwise in the Bid Schedule.

1.7.5 The Contractor shall provide documentation of the approximate quantity/tonnage of asphalt removed and the destination of all removed material upon request by the Owner.

1.7.6 Materials that cannot be accepted at the York County landfill shall be transported and legally disposed of at an appropriate permitted facility.

1.8 Subgrade/Base Inspection and Repair

1.8.1 After removal of the existing asphalt pavement, the exposed base/subgrade shall be inspected and proof-rolled to identify areas of instability or inadequate support.

1.8.2 Proof Rolling:

a. Proof-roll prepared areas with a loaded tandem-axle dump truck or equivalent heavy pneumatic-tired equipment with a payload of 15 tons. Proof-rolling operations will be observed and inspected by York County.

b. Proof-rolling shall be performed in two directions where practical.

c. Vehicle speed during proof-rolling shall not exceed approximately three (3) mph.

d. Areas exhibiting pumping, rutting, excessive deflection, yielding, or other signs of inadequate support shall be identified.

e. Soft spots and unstable areas shall be repaired prior to placement of new asphalt.

f. The Contractor shall notify the Owner before removing or undercutting unsuitable subgrade materials.

1.9 Subgrade Repairs

1.9.1 Localized areas of unsuitable material shall be excavated to a depth determined by field conditions and as approved by the Owner.

1.9.2 Unsuitable material shall be removed from the site and disposed of in accordance with Section 1.7.

1.9.3 Excavated areas shall be backfilled with suitable approved aggregate/base material and compacted in lifts appropriate for the material and equipment being used.

1.9.4 Repaired areas shall be proof-rolled and approved by the Owner prior to paving.

1.9.5 Subgrade/base repairs shall be paid based upon the unit prices provided in the Bid Schedule, where applicable.

1.9.6 The Contractor shall not perform extensive undercutting or additional base work without authorization from the Owner.

1.10 Asphalt Paving Reference Standards

1.10.1 Asphalt paving shall comply with the applicable requirements of the South Carolina Department of Transportation (SCDOT) Standard Specifications and applicable SCDOT roadway standards, including requirements governing asphalt pavement materials, mix design, placement, compaction, temperature, tack coat, joints, transitions, and quality control.

1.10.2 The asphalt pavement section specified herein shall be constructed in accordance with SCDOT roadway standards for the applicable pavement materials and mix types.

1.10.3 Where the requirements of this specification and applicable SCDOT requirements differ, the more stringent requirement shall apply unless otherwise approved in writing by the Owner.

1.11 New Asphalt Pavement Section

1.11.1 Following removal of the existing asphalt and completion and approval of required subgrade/base repairs, the Contractor shall install approximately six (6) inches of compacted new asphalt pavement.

1.11.2 The pavement section shall consist of:

a. Approximately four (4) inches of compacted Intermediate Binder Mix; and

b. Approximately two (2) inches of compacted Type C Surface Mix.

1.11.3 The Intermediate Binder Mix shall be placed in one or more compacted lift thickness appropriate for the approved mix and applicable SCDOT requirements.

1.11.4 The Type C Surface Mix shall be placed as the final surface course at a compacted thickness of two (2) inches applicable to SCDOT requirements.

1.11.5 Each asphalt lift shall be properly placed and compacted prior to placement of the subsequent lift.

1.11.6 The Contractor shall account for the required compacted thickness when determining loose lift thickness.

1.11.7 Final pavement thickness shall be verified by the Owner or testing agency if requested.

1.12 Asphalt Mix

1.12.1 The surface course shall be Type C Surface Mix meeting applicable SCDOT requirements.

1.12.2 The intermediate course shall be Intermediate Binder Mix meeting applicable SCDOT requirements.

1.12.3 Asphalt materials, aggregate, binder, gradation, mix design, and other properties shall conform to applicable SCDOT specifications.

1.12.4 The Contractor shall submit the applicable Job Mix Formula (JMF) and supporting documentation upon request.

1.12.5 Asphalt shall be produced at a plant approved in accordance with applicable SCDOT requirements.

1.12.6 Reclaimed Asphalt Pavement (RAP) may be incorporated into the asphalt mixture when permitted by applicable SCDOT specifications and the approved mix design.

1.13. Hot-Mix Asphalt Placement

1.13.1 Asphalt paving shall be performed in accordance with applicable SCDOT requirements and the approved mix design.

1.13.2 Asphalt shall be delivered to the site at temperatures suitable for proper placement and compaction in accordance with applicable SCDOT requirements.

1.13.3 Asphalt shall be placed using a mechanical paver wherever practical.

1.13.4 The Contractor shall maintain a consistent paving operation to minimize cold joints, segregation, and variations in the finished pavement.

1.13.5 The Intermediate Binder Mix shall be placed and compacted to provide the specified compacted pavement thickness prior to placement of the Type C Surface Mix.

1.13.6 The Type C Surface Mix shall be placed as the final approximately two (2) inch compacted surface course.

1.13.7 The finished surface shall be smooth, uniform, properly compacted, and free from segregation, tearing, cracking, roller marks, or other defects.

1.13.8 Hand placement may be utilized only in areas inaccessible to mechanical paving equipment or as approved by the Owner.

1.13.9 The Contractor shall not place asphalt over unstable, wet, contaminated, or otherwise unsuitable base/subgrade conditions.

1.14 Compaction

1.14.1 Each asphalt lift shall be compacted to the density required by applicable SCDOT specifications and the approved Job Mix Formula.

1.14.2 Rolling shall begin as soon as practical after placement and while the asphalt remains within the appropriate temperature range.

1.14.3 The Contractor shall utilize a sufficient number and type of rollers to achieve the required compaction without damaging or displacing the pavement.

1.14.4 Rollers shall operate in a manner that produces a smooth, uniform finished surface and complies with applicable SCDOT requirements.

1.14.5 The Contractor shall provide density documentation upon request by the Owner.

1.14.6 Areas that fail to meet the specified compaction or other applicable SCDOT requirements shall be corrected by the Contractor at no additional cost to the Owner.

1.15 Joints, Edges, and Transitions

1.15.1 Transverse and longitudinal joints shall be constructed in accordance with applicable SCDOT requirements.

1.15.2 Existing asphalt pavement edges shall be saw-cut or otherwise prepared as necessary to provide a clean, sound edge suitable for tying into the new pavement.

1.15.3 Longitudinal joints in successive asphalt lifts shall be offset from one another where practical and in accordance with applicable SCDOT requirements.

1.15.4 New asphalt pavement shall be tapered and properly tied into existing concrete surfaces and existing pavement edges that are to remain.

1.15.5 Transitions into existing concrete shall be constructed to provide a smooth, stable, and durable connection without creating an abrupt lip or vertical edge that could interfere with vehicle or pedestrian traffic.

1.15.6 The Contractor shall exercise care during asphalt removal and paving operations to avoid damaging existing concrete, pavement, curbs, drainage structures, and other improvements that are to remain.

1.15.7 The Contractor shall provide clean, properly compacted transitions at all pavement limits, including transitions to existing concrete, existing asphalt, curbs, drainage structures, and other adjacent surfaces.

1.15.8 No abrupt vertical drop-offs shall be left at active traffic areas.

1.15.9 Temporary transitions shall be provided where necessary to safely maintain access during construction.

1.16 Quality Control, Inspection, and Testing

1.16.1 County Inspection

a. An asphalt roadway technician will be provided by the County and will be on site for inspection of asphalt removal, subgrade/base conditions, asphalt placement, compaction, transitions, and related paving operations.

b. The Contractor shall coordinate its work with the County’s designated asphalt roadway technician and shall provide reasonable access and cooperation for inspection activities.

c. The presence of the County’s asphalt roadway technician does not relieve the Contractor of responsibility for complying with all requirements of the contract documents, applicable SCDOT specifications, approved mix designs, or applicable laws and regulations.

d. The County’s asphalt roadway technician may observe, inspect, document, and recommend corrective action for work that does not conform to the contract requirements.

1.16.2 Testing

a. The Owner reserves the right to engage an independent testing agency to inspect and test the work.

b. Testing and inspection may include, but is not limited to:

Subgrade/base stability;

Asphalt temperature;

Asphalt lift thickness;

Asphalt density/compaction;

Asphalt mix properties;

Type C Surface Mix compliance;

Intermediate Binder Mix compliance;

Finished surface smoothness;

Finished elevations and drainage; and

Pavement transitions and tie-ins.

1.16.3 The Contractor shall cooperate with all testing and inspection activities.

1.16.4 Testing or inspection performed by or on behalf of the Owner, including inspection by the County-provided asphalt roadway technician, does not relieve the Contractor of responsibility for providing work that complies with the specifications.

1.16.5 Any work determined to be defective or not in compliance with the specifications shall be corrected by the Contractor at no additional cost to the Owner.

1.16.6 The Contractor shall notify the Owner when each pavement area is ready for inspection prior to covering work that requires inspection or approval.

1.17 Protection of Existing Improvements

1.17.1 The Contractor shall protect existing pavement, concrete, curbs, sidewalks, drainage structures, buildings, fences, utilities, signs, gates, and other improvements.

1.17.2 Damage caused by the Contractor’s operations shall be repaired or replaced by the Contractor at no additional cost to the Owner.

1.17.3 The Contractor shall take special precautions when milling or removing asphalt adjacent to existing concrete and pavement that is to remain.

1.17.4 The Contractor shall not use equipment in a manner that undermines, cracks, breaks, or otherwise damages adjacent improvements.

1.18 Collection Center Operations and Traffic Control

1.18.1 The Collection and Recycling Centers are active County facilities. The Contractor shall coordinate construction activities with the Owner to minimize disruption to normal facility operations.

Closure of the Centers shall not exceed three business days and should be scheduled no less than 4 weeks in advance.

1.18.2 The Contractor shall maintain safe access for County employees, customers, emergency vehicles, and authorized personnel as directed by the Owner with the understanding that all work performed will be done when the center is closed.

1.18.3 Work areas shall be properly barricaded and controlled.

1.18.4 The Contractor shall coordinate temporary closures, access restrictions, and construction sequencing with the County representative, the Solid Waste Collection & Recycling Manager.

1.18.5 No facility shall be completely closed without prior approval from the Owner.

1.18.6 The Contractor shall maintain safe pedestrian and vehicular routes around construction areas.

1.19 Cleanup

1.19.1 Upon completion of the work, the Contractor shall remove all construction debris, excess material, equipment, temporary barricades, and other items associated with the project.

1.19.2 Adjacent pavement and concrete shall be swept and cleaned.

1.19.3 No asphalt, aggregate, tack coat, or other construction material shall be left on areas not designated for construction.

1.19.4 The Contractor shall leave each Collection and Recycling Center in a clean and usable condition.

1.20 Pavement Markings

1.20.1 Where pavement markings are required by the Owner, the Contractor shall provide and install contractor-grade pavement marking paint suitable for asphalt pavement. NOT REQUIRED FOR

THESE PROJECTS

a. Pavement markings shall generally match the existing layout unless otherwise directed by the Owner.

b. Markings shall be straight, uniform, and professionally applied.

c. Layout shall be approved by the Owner prior to application.

d. Surfaces shall be clean and dry prior to striping.

e. The Contractor shall protect newly painted markings until sufficiently cured for traffic.

f. The Contractor shall provide all labor, equipment, materials, layout, and incidental work necessary to complete pavement markings.

1.21 Submittals

1.21.1 Prior to or during construction, the Contractor shall provide the following upon request:

a. Applicable asphalt Job Mix Formula.

b. Asphalt material certifications.

c. Plant information and applicable SCDOT approval documentation.

d. Asphalt delivery tickets.

e. Density/compaction test results, when requested.

f. Documentation of asphalt tonnage removed from each location.

g. Documentation of disposal or recycling destination.

h. Product data for tack coat and pavement marking materials.

i. Other documentation reasonably requested by the Owner.

1.22 Measurement and Payment

1.22.1 The Contractor shall provide a lump-sum price for the complete asphalt removal and repaving work at each Collection and Recycling Center identified in the Bid Schedule.

1.22.2 The lump-sum price shall include all labor, materials, equipment, mobilization, milling/removal, loading, hauling, disposal, surface preparation, tack coat, asphalt materials, placement, compaction, cleanup, traffic control, and all other incidental costs necessary to provide a complete asphalt pavement installation in accordance with these specifications.

1.22.3 The lump-sum paving price shall include:

a. Removal of approximately four (4) inches of existing asphalt pavement;

b. Loading and transportation of removed asphalt;

c. Disposal or recycling of removed asphalt, including transportation to the York County landfill when directed by the Owner;

d. Preparation of the existing base/subgrade;

e. Installation of approximately six (6) inches of new compacted asphalt pavement;

f. Tack coat;

g. Compaction;

h. Construction of joints and transitions;

i. Cleanup; and

j. All other work necessary to complete the project.

1.23 Subgrade/Aggregate Base Repair Unit Prices

1.23.1 Because the actual condition of the base/subgrade cannot be fully determined until the existing asphalt is removed, the Contractor shall provide the following unit prices on the Bid Form for use only when authorized by the Owner.

a. Removal of Unsuitable Subgrade/Base Material per ton

b. Furnish and Place Aggregate Base Material for Subgrade Repair per ton

1.23.2 No additional subgrade excavation or aggregate base material shall be performed without prior authorization from the Owner.

1.23.3 Payment for authorized subgrade/base repair shall be based upon the actual quantity of material removed and/or aggregate base material furnished and placed, as verified and accepted by the Owner.

SECTION 2 OTHER REQUIRMENTS

2.1 License

2.1.1 Bidder and subcontractors must be licensed to do business in the State of South Carolina. The Bidder must comply with the laws of South Carolina including obtaining proper licensure with this State if required to perform the specifications described in this request.

2.2 Insurance

2.2.1 General Liability: Bidder must also provide: (1) general liability insurance coverage of at least $1 Million per occurrence; (2) automobile liability coverage for owned, non-owned, and rented automobiles with limits of $1 Million per occurrence; and (3) Workers Compensation and Employer’s Liability Insurance in an amount equal to the South Carolina statutory limits.

2.2.2 All required insurance shall be placed with a carrier(s) having an A.M. Best’s rating of A- or better.

2.2.3 All insurance must cover the proposer and all of its employees; any sub-contracted firms must have this same coverage.

2.3 Bid Security

2.3.1 Each Bid must be accompanied by a Bid Bond made payable to the York County in an amount not less than five percent (5%) of the total amount of the Bid if the total amount of the bid exceeds $50,000. Generally, the bid security of all Bidders, including the three (3) lowest responsible Bidders, will be returned within ten (10) days after the York County and the accepted Bidder have executed the written Contract and the accepted Bidder has filed acceptable Performance and Indemnity and Payment Bonds. Upon request and no earlier than thirty (30) days after the formal opening of bids, the County will return the bid security of any Bidder.

2.4 Performance And Payment Bonds

2.4.1. Simultaneously with delivery of the executed Contract to the OWNER, a Bidder to whom a Contract has been awarded must deliver to the OWNER executed Performance and Payment Bonds on the prescribed forms each in an amount equal to one hundred percent (100%) of the total amount of the Contract Amount, as security for the faithful performance of the Contract and for the payment of all persons performing labor or furnishing materials in connection therewith. The Performance and Payment Bonds shall have as the surety thereon only such surety company or companies as are authorized to write bonds of such character and amount under the laws of the State of South Carolina and with a resident agent in the county in which the project is located. The Attorney in Fact or other officer who signs the Performance and Payment Bonds for a surety company must file with such bonds a certified copy of the Power of Attorney authorizing the Bidder to do so.

2.4.2. The Performance and Payment Bonds shall remain in force for two (2) year from the date of final payment of the Work as a protection to the OWNER against losses resulting from latent defects in materials or improper performance of work under the Contract, which may appear or be discovered during the one (1) year warranty period.

2.4.3. Qualification of Sureties shall be as described in the General Conditions.

SECTION 3 INSTRUCTIONS TO BIDDERS

3.1 Submittal

3.1.1 Online submittal: Electronic submittals shall be uploaded in PDF format via the OpenGov portal which can be accessed at https://www.yorkcountygov.com/217/Procurement under Active Bids. To ensure that an electronic submittal is received by the due date and time, it is recommended that submittals are uploaded allowing sufficient time prior to deadline. An email confirmation of submittal will be received after selecting Submit Response in the OpenGov system. If confirmation email is not received, contact OpenGov support by selecting the ?

icon in the bottom right once you have logged in to OpenGov. The Bidder shall be responsible for confirming that submittal is received by the deadline. Any submittal received after the closing date and time deadline will not be considered.

For step by step instructions on how to submit a response visit:

https://fast.wistia.net/embed/iframe/8d3u588dz0

3.2 Intent

3.2.1 It is the intent and purpose of York County that this Request permits competition. It must be the Bidder’s responsibility to advise York County if any language, requirements, etc., or any combinations thereof, inadvertently limits the requirements stated in this request to a single source.

3.2.2 It is also the intent of this Request to give equal consideration to all Bidders. While evaluating each Proposal; price and service will be factors in making a purchasing decision.

https://www.yorkcountygov.com/217/Procurement https://fast.wistia.net/embed/iframe/8d3u588dz0

3.3 Additional Information

3.3.1 York County reserves the right to reject any or all responses, waive any technicalities and select the Bidder who is determined to best meet the needs of the County for this Request.

3.3.2 To assure clarity, all Bidders may contact the appropriate county officials as listed in the Inquiries section of this solicitation, via email and ask pertinent questions regarding the requirements/specifications of this Request. Any inquiry or request for interpretation received five (5) or more days prior to the date fixed for opening of Proposals will be given consideration unless otherwise specified on cover page. All such changes or interpretations will be made in writing in the form of an addendum and, if issued, posted on the County’s website www.yorkcountygov.com. Each Bidder must acknowledge receipt of such addenda in the space provided in the Proposal document.

In case any Bidder fails to acknowledge receipt of such addenda or addendum, the Proposal will nevertheless be construed as though it had been received and acknowledged and the submission of the Proposal will constitute acknowledgement of the receipt of same. It is the responsibility of each Bidder to verify that he/she has received all addenda issued before Proposals are opened. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

3.4 Inquiries

3.4.1 General questions about this solicitation should be submitted through the OpenGov portal, by selecting the Questions and Answers tab and then selecting Ask Question.

SECTION 4 EVALUATION, AWARD, AND CONTRACT

4.1 General

4.1.1 Bid will be awarded to the most responsible Bidder who meets the requirements and evaluation criteria set forth in the Invitation for Bids and are either the lowest Bid price or lowest evaluated Bid price. Bids must remain firm for 180 days.

4.2 Determination of Lowest Bidder

4.2.1 Bids must be evaluated to determine which Bidder offers the lowest cost in accordance with the criteria set forth in the Invitation for Bids.

4.3 Modification of Bids

4.3.1 York County does not allow modification of Bids after submittal.

4.4 Award

4.4.1 The County must award this Bid to the lowest responsible and responsive Bidder who best meets the terms and conditions of the Bid. The award will be made on basis of price, product evaluation, and prior history of service and capability. York County reserves the right to reject any or all Bids and to make an award to the most advantageous vendor. Upon determination of the lowest Bidder, review of Bid for responsiveness, and satisfaction that the vendor is responsible, then upon approval of the York County Council, a Purchase Order will be issued to that vendor.

http://www.yorkcountygov.com/

4.5 Terms of Contract

4.5.1 The Contract must be valid from the date of the initial Purchase Order and must remain valid for the duration of project until completion of all agreed upon terms and final payment.

4.5.2 Breach or non-performance of any Contract term must constitute cause upon which the County may immediately terminate the Contract by written notice. A waiver by the County of any breach or non-performance of any term of this agreement must not operate as a waiver of any subsequent breach or non-performance.

4.6 Termination of Contract

4.6.1 Should a dispute arise, and if, after a good faith effort at resolution, the dispute is not resolved, either party may terminate the contract by providing thirty (30) days written notice to the other party.

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

4.6.3 Cause: Termination by York County for cause, default or negligence on the part of the Bidder must be excluded from the foregoing provisions; termination costs, if any must not apply. The thirty

(30) days advance notice requirement is waived and the default provision listed herein must apply.

4.6.4 Default: In case of default of Bidder, York County reserves the right to purchase/lease any or all items or all items/services in default open market, charging Bidder with any excessive costs.

4.7 Non-Appropriation Clause

4.7.1 Notwithstanding any other provision of this request/agreement, all obligations of the County under this solicitation which require the expenditure of funds are conditioned on the availability of funds appropriated for that purpose.

4.8 Protest

4.8.1 This option is available to any actual Bidder, contractor or subcontractor aggrieved in connection with the intended award or award of a contract via protest to the appropriate procurement officer within seven days, but not thereafter, of the date notification of award is posted. The first step in this process must be formally addressed to the Procurement Director after the award decision, and subsequently progress to the County Council in the event that a mutual agreement cannot be obtained in the remedy of the award decision.

SECTION 5 TERMS AND CONDITIONS

5.1 Acceptance and Deviations

5.1.1 Each Bidder must meet all of the specifications and proposal terms and conditions. By virtue of the proposal submission, the Bidder acknowledges agreement with and acceptance of all provisions of the specifications except as expressly qualified in the Proposal. Non-substantial deviations may be considered provided that the Bidder submits a full description and explanation of and justification for the proposed deviations titled Exceptions. Whether any proposed deviation is non-substantial will be determined by York County in its sole discretion.

5.2 General Requirements

5.2.1 All Bidders including the employees of the Bidder must comply with all applicable Federal, State, and County laws pertaining to contracts entered into by governmental agencies, including non-discrimination employment. Contracts entered into on the basis of submitted proposal responses are revocable if contrary to law. Contracts for work resulting from this request will obligate the Bidder to not discriminate on the basis of race, color, creed, religion, handicap, or national origin in their employment practices.

5.3 Title VI of the Civil Rights Act of 1964

5.3.1 Bidders shall comply with Title VI of the Civil Rights Act of 1964. York County strongly encourages the use of and involvement of Disadvantaged Business Enterprises (DBE).

5.4 Conflict of Interest

5.4.1 The successful firm shall not knowingly employ, during the period of a contract, or any extensions to it, any professional personnel who are also in the employ of York County and who are providing services involving this request or services similar in nature to the scope of this request to the County. Furthermore, the firm shall not knowingly employ, during the period of a contract or any extensions to it, any York County employee who has participated in the making of a contract until at least two years after his/her termination of employment with York County.

5.5 Indemnification and Hold Harmless

5.5.1 The successful firm shall agree to protect, defend, indemnify, and forever hold harmless, the County, its agents, officers, and employees, from and against any and all claims, liabilities, damages, costs, actions, proceedings, of any nature whatsoever, however alleged or termed, or in any lawsuits, arising in any manner out of any action or failure to act, by the firm, its officers, agents, and employees, or relating to or arising out of the performance or failure to perform, by the firm, its officers, agents, and employees, any obligations arising under its agreement with the County, or any other type claim/lawsuit whatsoever, however alleged or termed, which may arise at any time as a result of or related to the provision of service(s) for the County by the successful firm, without regard to the source, nature, or validity of the claim/lawsuit. Losses, liabilities, expenses and claims for damages shall include, but not be limited to, civil and criminal fines and penalties, loss of use and/or services, claims for injury, damage, disability, property damage, or death, injury to real or personal property, and attorneys’ fees, costs, and expenses incurred by the County or any of its agents, officers, and employees. The County shall not be precluded from receiving the benefits of any insurance the firm may carry which provides for indemnification for any loss or damage to property in the firm's custody and control, where such loss or destruction is to County property. The firm shall do nothing to prejudice the County’s right to recover against third parties for any loss, destruction or damage to County property.

5.6 Drug-Free Workplace

5.6.1 During the performance of this request, the firm agrees to provide a drug-free workplace for his employees; post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition; and state in all solicitations or advertisements for employees placed by or on behalf of the firm that the firm maintains a drug-free workplace. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor/firm in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the request.

5.7 Applicability/Jurisdiction of South Carolina Law and Courts

5.7.1 Upon award of a contract under this request the person, partnership, association or corporation 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 with this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful firm from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed proposal, the firm 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 or to arise under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State.

5.8 Certificate of Insurance

5.8.1 Once selected, the successful firm will be required to provide proof of insurance to include workers compensation, employer’s liability and general liability prior to commencing work.

5.9 Assignment

5.9.1 No contract or its provisions may be assigned, sublet, or transferred without the written consent of the County.

5.10 Ownership of Material

5.10.1 All proposals and supporting materials (including all data, material, and documentation) originated and prepared for York County pursuant to this solicitation and including correspondences relating to this solicitation shall, belong exclusively to York County.

5.11 Prime Responsibilities

5.11.1 The successful firm will be required to assume sole responsibility for the complete effort as required by this solicitation. York County will consider the successful firm to be the sole point of contact with regard to contractual matters.

5.12 Subcontracting

5.12.1 If any part of the work covered by this solicitation is to be subcontracted, the successful firm shall identify the subcontracting organization and the contractual arrangements made there with.

All subcontractors must be approved by York County. The successful firm will also furnish the corporate or company name.

5.13 Records Retention and Right to Audit

5.13.1 The County shall have the right to audit books and records of the successful firm as they pertain to this contract. Such books and records shall be maintained for a period of three (3) years from the date of final payment under the contract. The County may conduct, or have conducted, performance audits of the successful firm. The County may conduct, or have conducted, audits of specific requirements of this solicitation as determined necessary by the County. Pertaining to all audits, successful firm shall make available to the County access to its computer files containing the history of contract performance and all other documents related to the audit. Additionally, any software used by the successful firm shall be made available for auditing purposes at no cost to the County.

5.14 Public Access to Procurement Information

5.14.1 Subject to the requirements of the Freedom of Information Act, commercial or financial information obtained in response to this SOLICITATION which is deemed privileged and confidential by the Bidder, will not be disclosed. Such privileged and confidential information should be clearly marked as such and includes information which if disclosed, might cause harm to the competitive position of the Bidder supplying the information. All Bidders, therefore, must visibly mark as "CONFIDENTIAL" each specific part of their proposal which such Bidders consider to contain proprietary or other privileged information. Additionally, all Bidders shall be solely responsible for identifying as exempt from the Freedom of Information Act and for visibly marking as "EXEMPT FROM FREEDOM OF INFORMATION ACT" each specific part of their proposal which Bidders deem to be so exempt and shall further be solely responsible for any consequences that might arise from the nondisclosure of any information that is subsequently determined not to have such an exemption.

York County hereby disclaims any responsibility for not disclosing information identified by any Bidder as exempt from the Freedom of Information Act and further hereby disclaims any responsibility for any information which is disclosed as a result of Bidder's failure to visibly mark it as "CONFIDENTIAL" or to improperly mark it as “confidential”. Bidder must identify specific parts of the proposal package as confidential. Failure to do so or to mark the entire proposal package as confidential may result in disclosure of that information.

NOTE: A redacted copy if applicable, must be uploaded under submit response in the GetAll portal.

5.15 Non-Collusion Proposal Certification and Disqualification

5.15.1 By submission of a proposal, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint proposal each party certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief.

5.15.2 The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor.

5.15.3 Unless otherwise required by law, the prices which have been quoted in this proposal have not knowingly been disclosed by the Bidder and will not knowingly be disclosed prior to the proposal opening, directly or indirectly, to any other Bidder or to any competitor.

5.15.4 No attempt has been or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition

5.15.5 One Proposal: Only one Proposal from an individual firm, partnership, company, or corporation under the same or under different names will be considered. If OWNER believes that an Bidder submitted more than one Proposal for the work involved, all Proposals submitted by that Bidder will be rejected.

5.16 Certification Regarding Immigration Reform and Control

5.16.1 The Bidder certifies, by submission of this document or acceptance of a contract, that all Contractors are expected to comply with the Immigration and Reform Control Act of 1986 (IRCA), as may be amended from time to time. This Act, with certain limitations, requires the verification of the employment status of all individuals who were hired on or after November 6, 1986, by the Contractor as well as any subcontractor or sub-subcontractor. The usual method of verification is through the Employment Verification (I-9) Form. With the submission of this proposal, the Contractor hereby certifies without exception that Contractor has complied with all federal and state laws relating to immigration and reform. Any misrepresentation in this regard or any employment of persons not authorized to work in the United States constitutes a material breach and, at the State’s option, may subject the contract to termination and any applicable damages. The Contractor certifies that, should it be awarded a contract by the County, the Contractor will comply with all applicable federal and state laws, standards, orders and regulations affecting a person’s participation and eligibility in any program or activity undertaken by the Contractor pursuant to this contract. The Contractor further certifies that it will remain in compliance throughout the term of the contract. At the County’s request, the Contractor is expected to produce to the County any documentation or other such evidence to verify the Contractor’s compliance with any provision, duty, certification, or the like under the contract.

The Contractor agrees to include this Certification in contracts between itself and any subcontractors in connection with the services performed under this contract.

5.17 Chain of Communication

5.17.1 To ensure the integrity of the competitive process, a strict chain of communication shall apply to each Invitation for Bids, Request for Proposals, Request for Qualifications, or any other competitive solicitation during the period between publication of the solicitation and final award. Bidders or its agents may not communicate by any means, directly or indirectly, with York County public officials, employees, its agents, or representatives or any person not otherwise listed on this document, regarding any aspect of this procurement activity. All communications must be solely with the Procurement Officer. In the sole determination of the Procurement Officer and/or York County, violation of these restrictions may result in disqualification of your offer, suspension or debarment, and may constitute a violation of law.

5.18 Prohibition of Donations and Gratuities

5.18.1 Bidders are restricted from making donations to any York County governmental entity with whom they have or seek to have a contract. The Bidder represents that his/her offer discloses any gifts made, directly or through an intermediary, by the Bidder or the Bidder’s named subcontractors or subconsultants to or for the benefit of York County, its agents, or representatives during the period beginning eighteen months prior to the Opening Date. No Bidder, or any person, firm, or corporation employed by the Bidder in the performance of this request, may offer or give any gift, money or anything of value or any promise for future reward or compensation to any York County employee.

PROCUREMENT DEPARTMENT