Cripple_Creek_-_Stream_Improvement_and_Riparian_Area_Reclamation_(SCIIP).pdf

IFB #26002

Greenville County Issue Date: June 27, 2025

Procurement Services Division Opening Date: August 1, 2025

CRIPPLE CREEK - STREAM

IMPROVEMENT AND RIPARIAN AREA

RECLAMATION (SCIIP)

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https:// procurement.opengov.com/portal/greenvillecounty/greenvillecounty https://secure.procurenow.com/portal/%7bproject.government.code%7d

Title: Cripple Creek - Stream Improvement and Riparian Area Reclamation (SCIIP)

Robert Brewer, NIGP-CPP, CPPO, CPPB

Procurement Services Division Director

Greenville County

Cripple Creek - Stream Improvement and Riparian Area Reclamation

(SCIIP)

I. Public Notice II. Introduction

III. Scope of Work IV. Instructions to Offerors V. General Information

VI. Insurance VII. Evaluation Phases

VIII. Bonds IX. Terms and Conditions X. Terms and Conditions for Federal Contracts

XI. Sample Contract XII. Vendor Questionnaire

XIII. Pricing Proposal

Attachments:

A - Sample Construction Agreement

B - COG Sub W9

C - _Specifications_Cripple

D - CrippleCreek_BidSheet

E - CrippleCreek_Planset

F - Supplemental_BoulderStockpile (1)

1. Public Notice

Greenville County is soliciting sealed bids in response to Cripple Creek - Stream Improvement and

Riparian Area Reclamation (SCIIP), subject to the conditions and all provisions set forth herein and attached. Sealed bids will be received through the County’s online procurement Portal located at https://procurement.opengov.com/portal/greenvillecounty until Friday, August 1, 2025, 3:15 pm, then publicly opened. The service must be furnished as described and specified herein and submitted to

Greenville County.

All inquiries regarding this bid shall be submitted via the County’s online procurement Portal, located at https://procurement.opengov.com/portal/greenvillecounty. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the County’s online procurement Portal. Offerors may also click “Follow” on this IFB to receive an email notification when answers are posted. It is the responsibility of the Offeror to check the website for answers to inquiries no later than Friday, July 18, 2025, 5:00 pm ET.

https://secure.procurenow.com/portal/greenvillecounty

2. Introduction

2.1. Summary

The Cripple Creek Stream Improvement and Riparian Area Reclamation project is intended to establish a riparian forest and perform a restoration along stream banks within the Reedy River watershed. An 800-foot stream improvement project is proposed along this corridor. The purpose of this project would be to dissipate erosive energy in the system by laying back vertical banks to at least a 3:1 slope, and where possible, creating a bankfull bench. The stream restoration work may include bank grading with the help of soil lifts, coir matting, turf reinforcement matting, boulder walls and bank toe treatments (toe rock, toe wood, and boulder toes(s)). They will also include the installation of instream features such as cross vane(s), boulder/constructed riffle(s), stream drop(s), j-hook vane(s), and single arm vane(s). Additionally, these projects may include re-routing or daylighting of streams.

2.2. Background

In some locations a one-sided stream improvement may be the only viable option due to the proximity of the stream to the railroad. However, any improvement to even one side of the stream will ultimately help to lower the stress applied to the opposite bank especially for Priority 2 and 3 stream restorations.

By stabilizing streams and restoring it’s surrounding vegetation, streams become much less likely to erode, and by reducing velocity and sediment loading, reduce the risk of downstream problems.

Additionally, reforesting the areas along streams help to further bolster a stream’s resistance to erosion.

In general, reforesting also reduces stormwater volume, reduces pollutant loadings, and increases ecological diversity.

2.3. Contact Information

Destiny Macon

Project Manager

301 University Ridge

Greenville, SC 29601

Email: dmacon@greenvillecounty.org

Phone: (864) 887-1501

Department:

LAND DEVELOPMENT/STORM WATER MGMT

2.4. Timeline

Release Project Date June 27, 2025

Pre-Bid Meeting (Non-Mandatory) July 11, 2025, 10:00am

Procurement Services Division

301 University Ridge, Suite N-2400

Greenville County, SC 20601

A site visit will follow.

mailto:dmacon@greenvillecounty.org tel:(864)887-1501

Question Submission Deadline July 18, 2025, 5:00pm

Bid Submission Deadline August 1, 2025, 3:15pm

Review of Bids for Responsiveness August 4 -6, 2025

Project Review with Grantor August 6 - September 5, 2025

Tentative Date of Award September 8, 2025

Contract Signing September 8 - 10, 2025

Issue Notice to Proceed September 10, 2025

3. Scope of Work

3.1. Stream Stabilization & Riparian Reforestation

The contractor performing the work shall be fully qualified, experienced, and equipped to complete this work expeditiously, in a satisfactory manner in accordance with the specifications and plans referenced in the attachments.

4. Instructions to Offerors

4.1. Pre-Bid Meeting

A Non-Mandatory Pre-Bid meeting will be held at the date and time specified in the Timeline. A site visit will follow.

4.2. Pricing

Vendors shall include lump sum pricing in the Pricing Proposal section. However, vendors must use the

CrippleCreek_BidSheet form located in the Attachments section for a breakdown of cost.

4.3. Bonding

Bonding will be required for this project. See Bonds section for the requirements.

4.4. Submission Procedures and Requirements

A. All submissions must be received by Friday, August 1, 2025 at 3:15 pm. Submissions will not be accepted after the deadline. There will be no exceptions. Responders submitting proposals shall be responsible for all cost of preparing such bids.

B. Responders to this solicitation shall closely examine the specific requirements noted herein and the attached Terms and Conditions. Facsimile transmittals, hard copies or offers communicated by telephone will not be accepted or considered.

C. License and Permits – The Contractor shall obtain all applicable licenses, and promptly pay all taxes required by the State of South Carolina, and/or Greenville County.

4.5. Statement of Qualifications

Vendor shall include the following with their response:

A. Overview of company background.

B. Detail of team including the team lead, team members, project manager and other key personnel that will participate in this project.

C. Copy of Company's Certificate of Insurance.

D. Bid Bond. An original hard copy of the Bid Bond must be delivered to Procurement Services prior to the bid opening. No electronic copies of bonds will be accepted. No late bid bonds will be accepted.

E. Experience of similar scope and size of projects.

F. References.

https://procurement.opengov.com/portal/greenvillecounty/projects/178736/document?section=1642105 https://procurement.opengov.com/portal/greenvillecounty/projects/178736/document?section=1642101 https://procurement.opengov.com/portal/greenvillecounty/projects/178736/document?section=1642104

4.6. Inquiries and Addenda

Offerors shall submit all inquiries regarding this bid via the County’s online procurement portal, located at https://procurement.opengov.com/portal/greenvillecounty. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the County’s online procurement portal. Offerors may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries. The County will not be responsible for or bound by any oral instructions made by any employee(s) of the County in regard to this IFB.

Addenda Notification: This IFB represents the most definite statement Greenville County will make concerning information upon which proposals are to be based. Offerors are required to register for an account via the County’s online procurement portal hosted by OpenGov. Once you have completed the registration, you will receive addenda notifications to your email by clicking “Follow” on this project.

Ultimately, it is sole responsibility of each proposer to periodically check the site for any addenda at https://procurement.opengov.com/portal/greenvillecounty. No addenda will be issued later than five

(5) working days prior to the date for receipt for proposals except an addendum which, if necessary, postpones the date for receipt of proposals or cancels this IFB. Vendors shall acknowledge receipt of all addenda https://secure.procurenow.com/portal/greenvillecounty https://secure.procurenow.com/portal/greenvillecounty

5. General Information

A. Proprietary Information – The County of Greenville is a public body and governed by the South

Carolina Freedom of Information Act. Documents submitted to the County relating to this

Solicitation are subject to requirements of the Freedom of Information Act and may be deemed public records.

B. Errors and Omissions – The Responder will not be allowed to take advantage of any errors or omissions in the Invitation for Bids. Where errors or omissions appear in the IFB, the Responder shall promptly notify the County of Greenville in writing of such error or omission it discovers.

Any significant error, omission and/or inconsistency in the specifications are to be reported as soon as possible but no later than five (5) days before such time the response is to be submitted.

C. Withdrawal of Proposal – An official representative of a Responder may withdraw a

Responder’s response at any time prior to the bid submission deadline. Acceptable proof establishing that he/she is the representative of the Responder must be provided.

D. Non-Endorsement – If the County awards a contract, the successful Responder shall not issue any news release or other statement relating to the award or servicing of the agreement which state or imply the County of Greenville’s endorsement of the successful Responder’s services.

6. Insurance

6.1. Insurance Requirements

The contractor is responsible for and must have all required insurance listed below and shall not commence work under the associated contract until it has obtained all insurance required, and the

County has approved such insurance in writing, nor shall the Contractor allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained. All insurance policies shall be maintained for the life of the contract.

A. THE COUNTY SHALL BE NAMED AS “ADDITIONAL INSURED” FOR ITS INTERESTon all policies of insurance except Worker’s Compensation, Automobile Liability, and Professional Errors and

Omissions, as regards ongoing operations, products and completed operations, and this shall be noted on the face of the Certificate of Insurance. As a part of the certificate of insurance requirement the contractor shall also include acknowledgement and acceptance of the wavier of subrogation provision granted to Greenville County. This acknowledgement and acceptance should be included in the same section of the Certificate of Insurance that evidences the

“Additional Insured” provision.

B. Certificates for all such policies of insurance shall be provided by the Contractor's insurance agent or broker to the County within 10 working days from the date of Notice of Award.

C. All Certificates of Insurance submitted shall provide on the face of the certificate reference to

County's IFB #26002.

D. Contractor will provide County a minimum of 30 days advance notice in the event the insurance policies (or an insurance policy) are canceled. Subcontractors approved to perform work on this project are subject to all of the requirements in this Section.

E. Contractor agrees to maintain and keep in force during the life of this Agreement, with a company or companies authorized to do business in South Carolina, the following insurance policies:

1. Comprehensive General Liability:

a. $1,000,000 per occurrence - combined single limit /

b. $2,000,000 general aggregate, to include products and completed operations.

2. Automobile Liability:

a. $1,000,000 per occurrence - combined single limit (Coverage shall include bodily injury and property damage and cover all vehicles including owned, non-owned and hired)

3. Statutory Worker's Compensation:

a. Coverage A - State of SC

b. Coverage B - Employers liability

i. $1,000,000 Each Accident

ii. $1,000,000 Disease, Per Employee

iii. $1,000,000 Disease, Policy Limit

c. Policies shall contain a waiver of subrogation in favor of and/or that applies to

Greenville County, its departments, agencies, boards, employees, and commissions for losses from work performed by or on behalf of the contractor.

No deviation from this coverage’s will be accepted unless, in the County’s sole discretion, it is more advantageous to the County, i.e., $1,000,000 - a $2,000,000 or $5,000,000 limit would be acceptable.

7. Evaluation Phases

The bids will be evaluated on the following criteria. Greenville County reserves the right to interview responders or have demonstrations to this IFB at its discretion. Greenville County will not be responsible for any costs associated with interviews of responders or demonstrations.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Responsiveness to solicitation Pass / Fail 1 (1% of Total)

2. Cost 0-100 Points 99 (99% of Total)

8. Bonds

8.1. Bid Bond:

This project requires a Bid Bond and a Performance/Payment Bond. Proposers shall submit with their proposal, a Bid Bond in the amount of 5% of the bid price. This bond may be in the form of Bid Bond from the American Institute of Architects (AIA), electronically through Surety 2000, Certified Check, Cashier’s or Bank Money Order of any national or state bank and shall be made payable to Greenville

County. Proposals submitted without being accompanied by any of the foregoing as required, may be considered informal and may be rejected. Any proposal accompanied by a bid bond not properly executed in the opinion of the County Attorney, may be rejected. The bond will be forfeited to the

County by the successful bidder as liquidated damages in case a proposal award is made to that bidder and the contract and bond are not promptly and properly executed.

1. Instructions for Bond through AIA: The Original (hard- copy) Signed-Bid Bond must be delivered to the Procurement Services Office by the Bid Due Date/Time specified. The Bid Bond must be submitted in a sealed-envelope to: Greenville County Procurement Services Division; 301 University Ridge, Suite N-

2400; Greenville, SC, 29601. The following information must be included, on the outside of the envelope:

A. “Bid Bond” (labeled)

B. Bid Number

C. Company Name

2. Instructions for Surety2000:

The County has an account with an online Bid Security program called Surety2000. This is a fee-based program that bidders can use to obtain an electronically issued, verified and legal bid bond which can be used for bidding purposes. No bid bond can be created by the bonding agent on the site without the

Surety being fully aware of that bond. Only agents appointed directly by the Surety can issue bid bonds on the site.

If your company chooses to use Surety2000 to obtain the bid bond, please access Surety2000 at www.surety2000.com. Complete the necessary steps to log in to the site and obtain the bid bond.

Bond Identifier: IFB #26002

USE THIS CODE WHEN ACCESSING SURETY2000

Once an official bid bond is issued, use the space below to input your company's E-Bond Serial Number.

The number will look something like this: SNJ5185268

This number will then be used at the bid opening to verify your company's bid bond.

If you are not using this method for Bid Security submission please write "N/A" in the field provided.

Please note that the County is not responsible for late submissions and no consideration will be made for bid security received after the date and time stipulated in the Notice to Bidders even if you have electronically submitted your bid on time.

If the original bid security is not able to be verified by the date and time stipulated in the Notice to

Bidders, your submission will be rejected.

If required per solicitation and after proposals are awarded, the Procurement Services Division will return immediately all checks, except that of the successful bidder. The check of the successful bidder will be returned upon compliance with the performance and payment bond requirements.

If required per solicitation, the successful bidder, within fifteen (15) working days after acceptance of the bidder’s offer by the County, shall furnish a satisfactory performance and payment bonds in the amount of the total bid price. The performance and payment bonds must be received by the county prior to issuance of an executed contract and Notice to Proceed. The fifteen (15) working days may be extended upon written approval by the Procurement Director. A copy of the written approval shall be transmitted to the successful bidder stating the terms of any extension. In the event that the bidder fails to deliver to the County Procurement Services Division the performance and payment bonds in said period of fifteen (15) working days after acceptance of the bidder’s offer by the County, then the bid bond of the bidder shall be retained by the County in its entirety and the award will be withdrawn from the bidder. The successful bidder shall have as surety a corporate surety authorized to act as surety in

South Carolina. The Performance and Payment Bonds will insure that the successful bidder will promptly make payments to all persons supplying labor or materials to the bidder; and shall guarantee to indemnify and save the County, its officers, divisions, and employees harmless from all costs, damages, and expenses growing out of or by reason of the successful bidder’s failure to comply and perform the work and complete the contract in accordance with the specifications in the matter of making, furnishing and/or delivering said work or supplies. The Performance and Payment Bonds will be in effect for one year after completion of the contract.

If bonding is required per the solicitation, the bonding company must have an agent available to meet with County officials to clarify and explain the County’s responsibility in maintaining the integrity of the bond.

8.2. Return of Bid Bond:

After bids are awarded, the Procurement Services Division will return immediately all checks, except that of the successful bidder. The check of the successful bidder will be returned upon compliance with the performance and payment bond requirements.

8.3. Performance and Payment Bond:

The successful bidder, within fifteen (15) working days after acceptance of the bidder’s offer by the

County, shall furnish a satisfactory performance and payment bonds in the amount of the total bid price.

The performance and payment bonds must be received by the county prior to issuance of an executed contract and Notice to Proceed. The fifteen (15) working days may be extended upon written approval by the Procurement Director. A copy of the written approval shall be transmitted to the successful bidder stating the terms of any extension. In the event that the bidder fails to deliver to the County

Procurement Services Division the performance and payment bonds in said period of fifteen (15) working days after acceptance of the bidder’s offer by the County, then the bid bond of the bidder shall be retained by the County in its entirety and the award will be withdrawn from the bidder. The successful bidder shall have as surety a corporate surety authorized to act as surety in South Carolina.

The Performance and Payment Bonds will insure that the successful bidder will promptly make payments to all persons supplying labor or materials to the bidder; and shall guarantee to indemnify and save the County, its officers, divisions, and employees harmless from all costs, damages, and expenses growing out of or by reason of the successful bidder’s failure to comply and perform the work and complete the contract in accordance with the specifications in the matter of making, furnishing and/or delivering said work or supplies. The Performance and Payment Bonds will be in effect for one year after completion of the contract.

8.4. Availability of Bonding Agency:

The bonding company must have an agent available to meet with County officials to clarify and explain the County’s responsibility in maintaining the integrity of the bond.

9. Terms and Conditions

9.1. Safety, Health, and Security

Contractor shall be solely responsible for its activities, that of its employees on the site and activities of its consultants, contractors and/or subcontractors for maintaining a safe job site. Contractor’s activities and activities of its consultants, contractors and/or subcontractors shall comply with all local, state, and federal safety regulations and their enforcement agencies. Contractor shall at all times conduct its operations under this Contract in a manner to avoid risk of endangerment to the health and safety of persons and property. The Contractor shall have sole responsibility for implementing its safety and health programs, taking all safety and health precautions necessary and continuously inspecting all equipment, materials and work to prevent, discover, determine and correct any conditions which might result in personal injury, equipment damage or damage to property or the public. Contractor’s safety, health and security programs shall be in compliance with all regulatory requirements and shall furnish accident, incident, injury, and other records and reports required by the Occupational Safety and Health

Administration, State and Local laws, or by the County.

9.2. Response Opening and Award:

Responses shall be publicly opened and only the names of the offerors disclosed at the opening. For

IFBs, the name of the responder as well as the price will be disclosed. However, no decision will be made until Procurement Services and the user Division have had ample time to review each response. Award will be made at the earliest possible date. The County reserves the right to award in whole or in part, by item, group of items, geographic area or by section where such action serves the County’s best interest.

The contract will be awarded to the response that meets the requirements and criteria set forth in the

Solicitation. No response may be withdrawn for a period of sixty (60) days after the opening date.

Submissions will not be accepted after the deadline. There will be no exceptions. By submission of a response, you are guaranteeing that all goods and services meet the requirement of the solicitation during the contract period.

9.3. Rights Reserved by Greenville County:

Greenville County reserves the right to reject any and all responses, any portion thereof, and waive any technicalities. Accordingly, the right is reserved to make awards in the best interest of the County.

Integrity, reputation, experience and past performance will be heavily weighed in response evaluation.

This solicitation does not commit the County of Greenville to award a contract, to pay any costs incurred in the preparation of the response, or to procure or contract for goods or services listed herein.

9.4. Responders Qualification:

Responders must, upon request of the County, furnish satisfactory evidence of their ability to furnish products or services in accordance with the terms and conditions of these specifications. The County reserves the right to make the final determination as to the responder’s ability to provide the products or services requested herein.

9.5. Responders Responsibility:

Each responder shall be fully acquainted with the conditions relating to the scope and restrictions attending the execution of the work under the conditions of this response. It is expected that this will sometimes require on-site observation. The failure or omission of a responder to be acquainted with existing conditions shall in no way relieve the responder of any obligations with respect to this response or to any contract as a result of this response.

9.6. References:

The County requires responders to list at least three (3) references including their company name, name of contact, address, telephone number, and email address of contact person with whom the responder has performed or provided similar work, service or product. The reference may be contacted to fill out a short questionnaire on the work with that company. If the reference does not complete the questionnaire by the time requested, the County may allow the responder to give an alternate reference. The County may also as for additional references if needed.

The County asks that responders do not list County representatives or departments as a reference.

9.7. Waiver:

The County reserves the right to waive any Instructions to Responders, General or Special Terms and

Conditions, specifications, or technicalities when it is deemed to be in the best interest of the County to do so.

9.8. Rejection:

Greenville County reserves the right to reject any response that contains prices for individual items or services that are inconsistent or unrealistic when compared to pricing of like responses; or ambiguous responses which are uncertain as to terms, delivery, quantity, or compliance with specifications may be rejected or otherwise disregarded if such action is in the best interest of the County.

9.9. Response Signature and Solicitation Alterations:

The responder shall sign his response correctly or the response may be rejected. If the response shows any omissions, alteration of form, unauthorized additions, a conditional response or any irregularities of any kind, the response may be rejected.

9.10. Specification Changes, Additions and Deletions:

Responders are required to register for an account via the County’s online procurement portal hosted by OpenGov. Once responder has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is sole responsibility of each responder to periodically check the site for any addenda at https://procurement.opengov.com/portal/greenvillecounty

The County of Greenville shall not be responsible for any verbal information given by any employees of the County of Greenville in regard to this proposal.

9.11. Response Changes:

Responses, amendments thereto or withdrawal requests received after the advertised time for response opening, shall be void regardless of when they were submitted.

9.12. Response Price:

The price presented as a result of these specifications shall be for the contract period. The response shall be acceptable for sixty (60) days from the date of opening. All prices and notations shall be printed in ink or typewritten. Errors should be crossed out, corrections entered and initialed by the person signing the response. Erasures or use of typewriter correction fluids may be cause for rejection. No response shall be altered or amended after specified time for opening.

9.13. Federal, State and Local Laws:

The contractor assumes full responsibility and liability for compliance with any and all local, state and federal laws and regulations applicable to the contractor and his employees including, but not limited to, compliance with the EEO guidelines, the Occupational Safety and Health Act of 1970, and minimum wage guidelines.

9.14. Tie Bids:

In the case of tie bids, the County reserves the right to make the award based on the factors outlined in

Section 7-305(9) of the Greenville County Code of Ordinance (Chapter 7, Article VIII), or in what it considers to be in the best interest of the County.

9.15. Deduction and Holdbacks:

In addition to the County’s right of termination, the County shall be entitled to full reimbursement for any costs incurred by the County by reason of the contractor’s failure to perform or to satisfactorily perform its responsibilities and duties. Such costs may include, but are not limited to, the cost of using the County’s employees or employees of any other entity to perform the obligations of the contract. The

County may obtain any such reimbursement by deduction from payments otherwise due to the contractor or by any other proper and lawful means. All deductions from any money due the contractor are to be as liquidated damages and not as a penalty. It is the County’s intent to give the contractor a reasonable opportunity whenever practicable, to correct any such failure to perform or satisfactorily perform its responsibilities and duties. In no circumstances shall any uncorrected situation extend for more than five days. The County will make the following deductions from the contract sum in the event that the contractor fails to perform any of the required work within the required time limits in the event the County carries out the work using its forces or another contractor.

A. For use of County’s forces – actual cost involved.

B. For use of another contractor – the amount charged by said contractor.

The County reserves the right to hold back and/or withhold part of complete payments for unsatisfactory work, deficiencies, etc. until said defects are satisfactorily corrected or cleared.

9.16. Quality:

Unless otherwise indicated in this solicitation it is understood and agreed that any items offered or shipped on this solicitation shall be new and in first class condition unless otherwise indicated herein.

9.17. Affirmative Action - Small, Disadvantaged and Minority Businesses (SDMB):

A. Vendors submitting responses are encouraged to solicit small, disadvantaged and minority businesses participation in fulfilling their contract. Indicate in your response any SDMB areas of involvement for monitoring purposes.

B. The successful vendor will take affirmative action in complying with all Federal and State requirements concerning fair employment and treatment of all employees, without regard or discrimination by reason of race, color, religion, age, sex, national origin or physical handicap.

9.18. Default:

In case of default by vendor the County may procure the item or services from other sources and may recover the loss occasioned thereby from any unpaid balance due the vendor or by proceeding against the vendor’s performance bond, if any, and/or by suit against vendor.

9.19. Termination for Cause:

Any awarded contract is subject to termination for failure to comply with the specifications, terms and conditions by the County or the contractor upon written notice by registered mail. Such termination will be effective not less than ten (10) days nor more than sixty (60) days after receipt of such notice from the County nor less than thirty (30) days nor more than sixty (60) days after receipt by the County from the contractor. Receipt of notice by one party to terminate the contract will nullify any subsequent reciprocal notice by the receiving party prior to the announced termination date. In the event of termination, the County shall be responsible to pay the contractor only for work satisfactorily completed upon the effective date of termination and shall not be responsible for any other charges.

9.20. Termination for Convenience:

Greenville County may terminate for convenience any contract resulting from this solicitation by providing sixty (60) calendar days advance written notice to the vendor.

9.21. Non-Appropriation:

Any contract entered into by the County resulting from this solicitation shall be subject to cancellation without damages or further obligation when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period or appropriated year.

9.22. Incorporation of Bid into Contract:

The terms, conditions, and specifications of this bid and the selected firm’s response are to be incorporated, in total, into the contract.

9.23. S.C. Law Clause:

Upon award of contract under this response, 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 bidder from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed response, the responder understands and agrees to be bound to the jurisdiction and process of the courts of the State of South Carolina, as to all matters and conflicts or future conflicts under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the

State.

9.24. Illegal Immigration Reform Act Compliance:

By submitting an offer, Contractor certifies that it will comply with the applicable requirements of Title

8, Chapter 14 of the South Carolina Code of Laws (originally enacted as Section 3 of The South Carolina

Illegal Immigration Reform Act , 2008 S.C. Act No. 280) and agrees to provide upon request any documentation required to establish either: (a) the applicability of Title 8, Chapter 14 to Contractor and any subcontractors or sub-subcontractors; or (b) the compliance with Title 8, Chapter 14 by Contractor and any subcontractor or sub-subcontractor. Pursuant to Section 8-14-60, “A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both.” Contractor agrees to include in any contracts with its subcontractors language requiring the subcontractors to (a) comply with the applicable requirements of

Title 8, Chapter 14, and (b) include in any contracts with the sub-subcontractors language requiring the sub- subcontractor to comply with the applicable requirements of Title 8, Chapter 14. In the event any contractor, subcontractor and/or sub-subcontractor is found not to be in compliance with the SC

Immigration Reform Act [hereinafter "The Act"], the contractor agrees to fully indemnify the County for any loss suffered by the County as a result of such contractor, subcontractor or sub-subcontractor's failure to comply with the Act.

9.25. Assignment Clause:

Successful responder will be required to give the County ninety (90) days’ notice in the event of a change in the ownership of this contract. The County is under no obligation to continue this contract with an assignee. No contract or its provisions may be assigned, sublet, or transferred without the written consent of the County.

9.26. Indemnification:

The contractor agrees to defend, indemnify and save harmless the County of Greenville and all County officers, agents and employees from any and all claims, suits, actions, legal proceedings, damages, costs, expenses & attorney fees of every name and description, arising out of or resulting from the use of any materials furnished by the contractor, or any work done in the performance of the contract arising out of a willful or negligent act or omission of the provider, its officers, agents and employees; provided that such liability is not attributable to a willful or negligent act or omission on the part of the County, its officers, agents and employees.

9.27. Deviations from Specifications:

Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful responder will be held responsible therefore. Deviations must be explained in detail on separate attached sheets(s). The listing of deviations, if any, is required but will not be construed as waiving any requirements of the specifications. Deviations found in the evaluation of the response and not listed may be cause for rejection. Responders offering substitute or equal items must provide information sufficient enough to determine acceptability of item offered.

9.28. Minor Deviations:

The County reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected vendor.

9.29. Contractor License Requirement:

The contractor shall procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of his business. Contractor shall keep fully informed of existing and future Federal, State, and Local Laws, ordinances and regulations which in any manner affect the fulfillment of his contract and shall comply with the same.

9.30. Conflict of Interest Statement:

The contractor may become involved in situations where a conflict of interest could occur due to individual or organizational activities within the County. The vendor, by submitting a response, is in essence assuring the County that the company, and/or subcontractors, is in compliance with all federal, state, and local conflict of interest laws, statutes, and regulations.

9.31. Contracts:

The County reserves the option to prepare and negotiate its own contract with the vendor, giving due consideration to the stipulations of the vendor’s contracts and associated legal documents. Vendors should include with their submittal a copy of any proposed standard contract.

9.32. Contractor Liability:

The contractor assumes full responsibility for all injuries to, or death of any person and for all damage to property, including property and employees of the County and for all claims, losses or expense which may in any way arise out of the performance of the work, whether caused by negligence or otherwise;

and the contractor shall indemnify and save the County harmless from all claims, losses, expense, or suits for any such injuries, death or damages to property, and from all liens, losses, expenses, claims or causes of action of any sort which may arise out of the performance of the work, and shall defend, on behalf of the County and suit brought against the County for attorney’s fees and for all other expenses incurred by the County in connection with or as a result of any such suit, claims, or loss. Under no circumstances and with no exception will Greenville County act as arbitrator between the contractor and any subcontractor. The contractor will be solely responsible for compliance with building code requirements, all dimensions, and all conditions relating to his work under this contract. Workmanship shall be first quality in every respect. All measures necessary to ensure a first class job shall be taken.

9.33. Sub-Contracting:

The contractor shall not subcontract any portion of this contract without proper written approval from the County.

9.34. Non-Collusion:

The contractor expressly warrants and certifies that neither the Contractor nor its employees or associates has directly or indirectly entered into any agreement, participated in any collusion or otherwise taken any action in restraint of free competitive bidding in conjunction with this response.

9.35. Prohibition of Gratuities:

Neither the contractor nor any person, firm or corporation employed by the contractor in the performance of the contract shall offer or give, directly or indirectly, to any employee or agent of the

County, any gift, money, or anything of value, or promise any obligations, or contract for future reward or compensation at any time during the term of this contract.

9.36. Publicity Releases:

Contractor agrees not to refer to the award of this contract in commercial advertising in such a manner as to state or imply that the products or services provided are endorsed or preferred by the user. The contractor shall not have the right to include the County’s name in its published list of customers without prior approval of the County. With regard to news releases, only the name of the County, type and duration of contract may be used and then only with prior approval of the County. The contractor also agrees not to publish, or cite in any form, any comments or quotes from the County Staff unless it is a direct quote from the Public Information Officer.

9.37. Public Record:

The County of Greenville is a public body and governed by the South Carolina Freedom of Information

Act. Documents submitted to the County relating to this Solicitation are subject to requirements of the

Freedom of Information Act and may be deemed public records.

9.38. Precedence:

In the event of conflict between the terms and conditions and the specifications, the more restrictive instruction shall take precedence unless stated otherwise in the specifications.

9.39. Compliance With Prison Rape Elimination Act (PREA):

By submitting an offer, Contractor certifies that it will comply with the applicable requirements of The

Prison Rape Elimination Act of 2003 and agrees to provide or submit the needed information to (a) examine the criminal history of Contractor or any subcontractor who will perform services, which result in contact with inmates and (b) Contractor agrees to disclose any information regarding past history of allegations of sexual harassment or sexual abuse by Contractor or any subcontractor. Contractor and subcontractor agree to complete Training provided by the County and sign an acknowledgement of understanding of PREA requirements. In the event the Contractor or any subcontractor is found not to be in compliance with PREA, the Contractor agrees to fully indemnify the County for any loss suffered by the County as a result of such Contractor or subcontractor’s failure to comply with the Act.

9.40. Americans with Disabilities Act -

All work shall be compliant with the full intent of all ADA (Title II) guidelines for accessibility, play components and design. The Department of Justice's regulation implementing Title II, subtitle A, of the

ADA applies to State and local government entities, and protects qualified individuals with disabilities from discrimination on the basis of disability in services, programs, and activities provided by State and local government entities. Further, all Local and County code compliances regarding ADA must be met.

For additional information on ADA compliance, refer to (ADA.gov).

9.41. Asbestos Management Plan:

Contractor, contractor’s employees or any subcontractors will not introduce asbestos containing materials into any County of Greenville facility and will certify at the end of project that all materials used are free and clear of asbestos containing materials. Further, will provide a MSDS for all products utilized and installed in County of Greenville facilities.

Failure by Contractor, Contractor’s employees or any subcontractor to comply with the County of

Greenville Asbestos Plan and / or any governing agency’s regulations may result in work stoppage, dismissal of individual workers, and/or termination of contract and in addition risk potential citations issued by the governing agencies for violations. It is the responsibility of the contractor to:

A. Review the Asbestos Inspection Reports for the facilities for which they are providing services, provide contractor’s employees and subcontractors notification of ACM

B. Provide proof of asbestos training, medical examinations, proper PPE (when necessary)

C. Provide proper licenses, permits, and certifications

D. Comply with all federal, state and local regulations

E. Provide proof of and/or copies of required records upon request of the County of Greenville when necessary

F. Provide a Safety Data Sheet (SDS) for all products installed in County Facilities.

10. Terms and Conditions for Federal Contracts

RIA is accountable to Treasury for oversight of Grantees, including ensuring their subrecipients as well as subcontractors or contractors comply with the following applicable contract provisions required by 2

CFR 200 Appendix II. Grantees should include these provisions, when applicable as outlined below, in all contracts or subawards related to the SCIIP-funded grant project. In the event of a conflict between these Federal Provisions, the body of the contract, or any attachments or exhibits incorporated into and made a part of the contract, the Federal Provisions shall control.

10.1. Termination for Cause and Convenience

The following provision is required for all SCIIP-funded contracts:

The contract may be terminated in whole or in part as follows:

A. By the Grantee, if a contractor fails to comply with the terms and conditions of the SCIIP award;

B. By the Grantee, to the greatest extent authorized by law, if an award no longer effectuates the program goals or agency priorities;

C. By the Grantee with the consent of the contractor, in which case the two parties must agree upon the termination conditions, including the effective date and, in the case of partial termination, the portion to be terminated;

D. By the Grantee upon written notification setting forth the reasons for such termination, the effective date, and, in the case of partial termination, the portion to be terminated. However, if the Grantee determines in the case of partial termination that the reduced or modified portion of the contract will not accomplish the purposes for which the contract was made, the Grantee may terminate the contract in its entirety; or

E. By the Grantee pursuant to termination provisions included in the SCIIP award.

10.2. Administrative, Contractual, and Legal Remedies

If the contract is in excess of $150,000, the following provision is required for the SCIIP-funded contract:

In addition to any of the remedies described elsewhere in the contract, if the contractor materially fails to comply with the terms and conditions of this contract, including any federal or state statutes, rules or regulations, applicable to this contract, RIA or the Grantee may take one or more of the following actions:

A. Temporarily withhold payments pending correction of the deficiency by the contractor;

B. Disallow {that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance;

C. Wholly or partly suspend or terminate this Contract; and

D. Take other remedies that may be legally available.

The remedies identified above, do not preclude the contractor from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Grantee shall have the right to demand a refund, either in whole or part, of the funds provided to the contractor for noncompliance with the terms of this Contract.

10.3. Equal Opportunity Clause

Per the definition of “federally assisted construction contract” as defined by 41 CFR Part 60 – 1.3, the following provisions are required for all SCIIP-funded contracts:

During the performance of this contract, the contractor agrees as follows:

A. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

1. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

B. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

C. The contractor will send to each labor union or representative of workers with which he has a collective bargaining contract or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

E. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted…