Disaster_Debris_Monitoring_and_Recovery_Services_(Pre-Event)_(Addendum_#1_Revision).pdf

For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/dorchestercountysc

REQUEST FOR PROPOSAL

No. 2026-56

Disaster Debris Monitoring and Recovery Services (Pre-Event)

Publish Date April 16, 2026

Last Day for Questions April 30, 2026, 8:00am

Proposal Due Date May 14, 2026, 2:00pm

Table Of Contents

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Purpose

1.2. Core Service Categories

1.3. Staffing Requirements

1.4. Activation

1.5. Pricing Details

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

2.2. Evaluation Process and Criteria

2.3. General Award and Criteria Information

3. SECTION THREE: SPECIAL INSTRUCTIONS AND SOLICITATION-SPECIFIC

TERMS

3.1. Written Questions Deadline

3.2. Proposal Submittal Process

3.3. Proposal Submittal Deadline

3.4. Term of Agreement

3.5. Payment to Contractor

3.6. Shipping

3.7. Permits and Licenses

3.8. Additional Information and Inquiries

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

4.2. Non-Collusion Certification Requirements

4.3. Proposer Representations

4.4. Award of Contract

4.5. Notice of Award of Contract

4.6. Contract Document

4.7. Modification

4.8. Notice to Proceed

4.9. Proposer's Qualifications

4.10. Subcontractors

4.11. Indemnification

4.12. Termination

4.13. State and Local Taxes

4.14. Drug-Free Workplace Act

4.15. Insurance Requirements

4.16. Utilization by Other Public Agencies Clause

4.17. All County Departments Eligible to Purchase

4.18. Confidential Information

4.19. Intellectual Property

5. SECTION FIVE: SAMPLE CONTRACT

5.1. Sample Agreement

6. SECTION SIX: REQUIRED ATTACHMENTS, FORMS, AND INFORMATION

6.1. Pricing Table

6.2. Vendor Questionnaire

6.3. Attachments and Exhibits

Attachments:

A - ATTACHMENT A_Appendix II to Part 200_Contract Provisions for Non-Federal Entity

Contracts Under Federal Awards

B - ATTACHMENT B_Cost Evaluation Tool

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Purpose

The County seeks qualified firms to provide pre-event and post-event disaster debris monitoring, management, and recovery support services. Services shall ensure compliance with all applicable federal reimbursement requirements, including FEMA Public Assistance. The resulting contract shall be zero-cost until activated. Dorchester County reserves the right to award contracts to multiple firms to ensure adequate response capacity during large-scale disasters.

The current contract for these services was awarded to TetraTech, Inc. in July 2021, and there are no remaining renewal options.

1.2. Core Service Categories

1.2.1. Debris Monitoring Services

The Contractor shall provide all labor, supervision, systems, and materials necessary to monitor debris removal operations. Requirements include the services below.

1. Field Monitoring

▪ Monitor loading, hauling, and disposal of debris

▪ Verify eligibility (ROW, private property, waterways if directed)

▪ Ensure contractor compliance with contract terms

2. Load Ticketing & Documentation

▪ Issue, validate, and reconcile load tickets (paper and/or electronic)

▪ Ensure chain-of-custody documentation

3. Debris Management Systems

▪ Utilize an USACE/FEMA-compliant automated debris management system (ADMS)

▪ Provide real-time reporting dashboards

4. Contractor Oversight

▪ Monitor debris removal contractor productivity and compliance

▪ Identify inefficiencies and recommend corrective actions

5. TDSRS Support

▪ Assist with identification, permitting, setup, and monitoring of debris sites

6. Reporting

▪ Daily operational reports

▪ Dashboard summaries

▪ Final reconciliation reports

7. Public Interface Support

▪ Assist County with citizen complaints and inquiries

1.2.2. FEMA Compliance & Cost Recovery

1. Invoice review and validation of debris contractor billing

2. Preparation of FEMA Project Worksheets (PW)

3. Documentation management compliant with FEMA audit standards

4. Appeals and audit support

5. Cost tracking and eligibility determination

1.2.3. Additional Services

Emergency Planning & Preparedness (Pre-Event)

1. Debris Management Plan development/update

2. TDSRS identification planning

3. Staff training and exercises

4. Procurement support for debris removal contracts

Damage Assessment & Reconstruction Support

1. Damage assessments

2. Cost estimating

3. Engineering/construction management support

Additional services (e.g., emergency planning, reconstruction, engineering, and other disaster recovery services) are not included in the Cost Proposal and will not be considered in the evaluation of price.

Offerors shall describe their capabilities and approach for providing such services. The County reserves the right to negotiate scope and pricing for these services with the awarded Contractor(s) at the time of need.

Provide standard hourly rates for additional professional services not listed in the Cost Proposal. These rates will not be evaluated but may be used for future negotiations.

1.3. Staffing Requirements

1. Project Manager

2. Field Supervisors

3. Debris Monitors

4. Data Entry / Ticketing Staff

5. FEMA Specialists

1.4. Activation

Services shall be activated by written Notice to Proceed/Task Order following a disaster declaration or event.

1.5. Pricing Details

1.3.1. General Requirements

Proposers shall submit pricing using the Cost Proposal Table provided in Section 6.1. Pricing shall be submitted on an hourly rate basis for all labor categories listed.

Failure to use the provided forms or submission of pricing in an alternate format may result in the proposal being deemed non-responsive.

1.3.2. Fully Burdened Rates

All hourly rates shall be fully burdened and shall include, but not be limited to:

▪ labor and supervision

▪ overhead and administrative costs

▪ profit

No additional compensation will be allowed for labor categories unless specifically authorized in writing by Dorchester County.

1.3.3 Reimbursable Expenses

Reasonable and necessary non-labor expenses (e.g., travel, lodging, per diem, communications, supplies, and equipment rental) shall be reimbursed at actual cost without markup, subject to prior approval by the County.

1.3.4 Pricing Structure

Proposers shall provide one (1) hourly rate per labor category as specified in the Cost Proposal

Form.

▪ Tiered pricing is not permitted

▪ Lump sum pricing is not permitted

▪ Cost-plus-percentage-of-cost pricing is strictly prohibited

1.3.5. Cost Proposal Assumptions/Narrative (Optional)

Proposers may submit a brief narrative (not to exceed two (2) pages) describing any assumptions used in developing their pricing. Standard hourly rates for additional professional services not listed in the Cost Proposal should be included in the cost narrative. These rates will not be evaluated but may be used for future negotiations. Rates for additional services will not be considered in cost evaluation but may be used for future negotiations.

This narrative is for informational purposes only and will not be separately scored but may be considered by Dorchester County in determining the overall reasonableness of pricing.

1.3.6. Cost Evaluation Methodology

Cost proposals will be evaluated using estimated staffing scenarios developed by the County. These scenarios are for evaluation purposes only and do not represent actual quantities or guarantees of work. The cost evaluation worksheet is included as Attachment B and is for informational purposes. This form should not be completed and submitted by Proposers.

1.3.7. Balanced Pricing

Dorchester County reserves the right to review all cost proposals for unbalanced pricing.

Proposals that contain materially unbalanced pricing—where one or more line-item prices are significantly overstated or understated in a manner that could impact the overall cost to the

County—may be rejected as non-responsive or may be evaluated accordingly.

1.3.8. Errors and Omissions

Proposers are responsible for ensuring that all pricing is complete and accurate.

1.3.9. No Guarantee of Work

This is a pre-event, indefinite quantity contract. Dorchester County does not guarantee any minimum quantity of work under this contract.

Work will be assigned only upon activation of the contract following a disaster event.

1.3.9. FEMA Compliance

All pricing must comply with applicable FEMA Public Assistance Program requirements.

Cost-plus-percentage-of-cost contracts are prohibited. Time-and-materials pricing shall comply with FEMA requirements, including cost ceilings and documentation requirements.

1.3.10. Reservation of Rights

Dorchester County reserves the right to:

▪ reject any or all proposals

▪ waive informalities or irregularities in pricing

▪ request clarification of pricing

▪ negotiate pricing if deemed in the best interest of the County

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

To facilitate a fair and consistent evaluation, each proposal shall be organized in the order below and shall contain, at a minimum, the information requested in each section. Proposals that fail to follow the required format or omit requested information may be deemed non-responsive. There are no guidelines on size or orientation of pages. While there is no formal page limit for this solicitation, Proposers are strongly encouraged to present information in a clear and concise manner directly relevant to the evaluation criteria.

Excessive or irrelevant material may detract from the proposal’s effectiveness. The County values quality and clarity of content over volume.

1. Cover Letter

▪ Firm name, address, contact

▪ Authorized signature

▪ Statement of commitment

2. Executive Summary

Provide a concise overview of:

▪ Understanding of the County’s needs

▪ Key strengths and differentiators

▪ Unique approach or capabilities

3. Firm Qualifications & Experience

Provide:

▪ Firm background and years of experience

▪ Experience with disaster debris monitoring services

▪ Experience with government clients

Include:

▪ At least three (3) relevant projects within the past five (5) years

▪ Projects involving ≥ 500,000 cubic yards of debris (updated threshold)

For each project include:

▪ Client name

▪ Location

▪ Year

▪ Volume of debris

▪ Services performed

▪ FEMA reimbursement involvement

4. Key Personnel & Staffing Plan

Provide:

▪ Organizational chart

▪ Resumes of key personnel

▪ Roles and responsibilities

Identify:

▪ Project Manager

▪ Field Supervisors

▪ FEMA Specialist

5. Technical Approach

Describe your approach to:

Mobilization

▪ Timeline from Notice to Proceed

Field Operations

▪ Monitoring procedures

▪ Load ticketing process

Quality Control

▪ Oversight methods

▪ Error prevention

Technology

▪ ADMS system

▪ Reporting tools

FEMA Compliance

▪ Documentation procedures

▪ Audit readiness

Include:

▪ Sample reports (if available)

▪ Workflow/process descriptions

6. Past Performance & References

Provide:

▪ Minimum three (3) references

▪ Government clients preferred

Include:

▪ Contact name

▪ Phone/email

▪ Description of services

7. Additional Services

Capabilities related to additional services may be considered in the evaluation of Firm Experience, Technical Approach, and Key Personnel. However, pricing for such services will not be considered in the Cost Proposal evaluation. Provide a narrative describing capabilities for:

▪ Emergency planning

▪ Training

▪ Reconstruction / engineering

Note: Cost proposal and narrative will be submitted separately in the Vendor Questionnaire.

2.2. Evaluation Process and Criteria

A. Selection Committee

The Selection Committee shall be comprised of staff from Dorchester County and Dorchester County

Emergency Management and facilitated by the Purchasing Services Manager. The Committee shall determine the firms which meet the minimum requirements pursuant to the selection criteria of the RFP and procedures. The Committee may negotiate with one or more firms during the same period and may, at its discretion, terminate negotiations with any or all firms. The Committee shall make a recommendation regarding the award to the County Administrator.

B. Proposal Selection Criteria

The Selection Committee shall assign up to the maximum number of points as stated in this section for each evaluation item to each of the proposing firms. All assignments of points shall be at the sole discretion of the Committee. All instructions contained in this RFP shall be met in order to qualify as a responsive and responsible firm and participate in the consideration for award. Offerors who do not meet or comply with the instructions of this RFP may be considered non-conforming and deemed non-responsive and subject to disqualification at the sole discretion of the Committee.

The selection of the firm(s) will be made in accordance with the Dorchester County Procurement

Ordinance. Proposals will not be accepted from any firm, company, individual, person or party, parent, or subsidiary, against which the County has an outstanding claim, or a financial dispute relating to a prior contractual performance with the County. Proposals may be withdrawn by offeror prior to, but not after, the time set for the opening. Upon receipt by the County, the Proposal shall become the property of the County, without compensation to the offeror, for disposition or usage by the County at its discretion. The County shall have the sole discretion in evaluating both the proposal and the qualifications of the offerors. The County reserves the right to reject any and all proposals and is not bound to accept any proposals, if the acceptance is contrary to the best interest of the County. The

County reserves the right to waive or modify any information, irregularity, or inconsistency in proposals received or request modification to proposals from any or all offerors during the review. The Proposal

Review Committee may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process. All proposals shall be evaluated using the same criteria and scoring process.

Each criterion will be rated on a scale of 0-5 according to the table below:

Scale Description

0 Unacceptable. The proposal fails to address the criterion or cannot be assessed as a result of missing or incomplete information.

1 Poor. The criterion is inadequately addressed, or there are serious weaknesses.

2 Fair. The proposal broadly addresses the criterion, but there are significant weaknesses.

3 Good. The proposal addresses the criterion well, but a number of shortcomings are present.

4 Very Good. The proposal addresses the criterion very well, but a small number of shortcomings are present.

5 Excellent. The proposal successfully addresses all relevant aspects of the criterion. Any shortcomings are minor.

The following criteria shall be used by the Committee to evaluate Qualification Statements:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm Experience & Past

Performance

What is evaluated:

o Relevant debris monitoring experience o Experience with similar size events o Proven performance with government clients

How to demonstrate:

o Detailed project examples o Debris volumes (CY) o FEMA reimbursement involvement o Strong references

0-5 Points 25

(25% of Total)

2. FEMA Expertise & Compliance

Capability

What is evaluated:

o Knowledge of FEMA Public

Assistance requirements o Ability to support reimbursement and audits

How to demonstrate:

o Experience with Project

Worksheets o Audit/appeal experience o Documentation processes

0-5 Points 20

(20% of Total)

3. Technical Approach

What is evaluated:

o Feasibility and effectiveness of approach o Understanding of operational requirements

How to demonstrate:

o Clear methodology o Mobilization plan o QA/QC procedures o Sample workflows or reports

0-5 Points 20

(20% of Total)

4. Key Personnel and Staffing

What is evaluated:

o Qualifications of proposed staff o Ability to execute proposed approach

How to demonstrate:

o Relevant experience on similar events o Defined roles o FEMA expertise within team

0-5 Points 15

(15% of Total)

5. Systems and Reporting

What is evaluated:

o Technology capabilities o Transparency and reporting quality

How to demonstrate:

o ADMS description o Sample dashboards/reports o Data management processes

0-5 Points 10

(10% of Total)

6. Cost Proposal

What is evaluated:

o Reasonableness of rates o Overall cost competitiveness

How to demonstrate:

o Completed cost table o Clear, consistent pricing

0-5 Points 10

(10% of Total)

2.3. General Award and Criteria Information

A. To be initially selected, the Proposal(s) must be considered responsive by the Purchasing Services

Manager. Failure to submit all required information may be grounds the designation of the proposal as nonresponsive, unless waived by the Purchasing Services Manager.

B. After the conditions outlined above are met, Proposer(s) will be scored based on the quality of the response to this RFP.

C. Vendors are encouraged to review the Evaluation Criteria to see how proposals will be scored and verify that the response has sufficient documentation to support each criterion identified.

D. The County will select the offer that represents the best value to the County based on a comparative analysis and an integrated assessment of proposals against all source selection criteria in the solicitation.

E. Dorchester County reserves full discretion to determine the competence and responsibility, professionally and/or financially, of vendors. Vendors are to provide in a timely manner any and all information that the

County may deem necessary to make a decision.

F. Any and all exceptions taken by the Proposer must be listed and prominently displayed in proposal materials.

G. The County reserves the right to request Proposer(s) to appear for an additional presentation followed by a question-and-answer period, in order to further evaluate qualifications. The additional presentations, if any, will be scored and combined with prior scoring to determine the successful Proposer. The County is not obligated to accept the lowest cost proposal. The County may also award to Consultant other than the highest ranked proposer if the price submitted by that proposer is more than the budget available for the project. If made, the award will go to the Proposer providing the most responsive, responsible proposal that provides the best overall value and service to the County.

H. The Purchasing Services Division may contact any vendor in order to clarify uncertainties or eliminate confusion concerning contents of a proposal.

I. The Evaluation Team may contact any customer of the vendor, whether or not included in the vendor’s reference list, and use such information in the evaluation process.

3. SECTION THREE: SPECIAL INSTRUCTIONS AND SOLICITATION-

SPECIFIC TERMS

3.1. Written Questions Deadline

The last day and time for submittal of written questions shall be no later than Thursday, April 30, 2026 at 8:00 am.

3.2. Proposal Submittal Process

Proposals must be submitted electronically through the OpenGov Procurement Portal. County Proposals may be found by visiting the following link:

https://procurement.opengov.com/portal/dorchestercountysc.

3.3. Proposal Submittal Deadline

Proposals will be received until Thursday, May 14, 2026 at 2:00 pm, after which time they will be evaluated. Late proposals will not be accepted.

3.4. Term of Agreement

Resulting contract(s) shall commence July 1, 2026. The term of the contract will be One (1) Year with up to Four (4) additional one-year renewals.

3.5. Payment to Contractor

Payment shall be due within thirty (30) days of approved invoices.

3.6. Shipping

Shipping terms shall be F.O.B. Destination.

3.7. Permits and Licenses

The successful Respondent shall, without additional expense to the County, be responsible for obtaining and maintaining all necessary licenses and permits required by the State of South Carolina, a municipality or the County or any other authority having jurisdiction.

3.8. Additional Information and Inquiries

Questions or clarifications concerning this invitation should be posted to the solicitation on the OpenGov

Procurement Portal at the link provided above, or directed by email to Rebecca Dantzler (only) at

RDantzler@DorchesterCountySC.gov. Contact with other County personnel during the proposal process may result in a determination of non-responsiveness for any proposal submitted by your firm.

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

A. Proposals for this solicitation must be submitted electronically through the County’s OpenGov

Procurement Portal. No other method of submission is authorized.

B. Proposals shall not be submitted by email, fax, hand delivery, mail, courier, or any other means. Any bid or pricing information received outside of OpenGov — including proposals emailed to County staff — will be considered an unauthorized and non-responsive submission and will not be opened, accepted, or considered.

C. Dorchester County is not responsible for proposals not received due to technical issues, user error, connectivity problems, or failure to complete the submission process in OpenGov prior to the deadline.

D. Proposals submitted after the due date and time are considered late proposals and will not be opened or considered.

E. Proposals may be withdrawn prior to the time set for opening of proposals, but not thereafter.

F. Proposers shall promptly notify the Dorchester County Purchasing Office, in writing, and no later than the last date and time for the submittal of written questions, of any ambiguity, inconsistency or error which they may discover upon examination of the RFP documents or the project premises and local conditions.

G. Proposers requiring clarification or interpretation of the RFP documents shall make a written request which must be received at the Dorchester County Purchasing Office no later than the last date and time for submittal of written questions.

H. Any interpretation, correction or change of the RFP documents will be made by addendum. It is the proposer’s responsibility to monitor the OpenGov Procurement Portal at https://procurement.opengov.com/portal/dorchestercountysc for any additional information, revisions, or addenda that may be posted.

I. No substitutions will be considered after the Contract award except by amendment or change order.

4.2. Non-Collusion Certification Requirements

A. Each proposal submitted in response to this solicitation shall include an electronic non-collusion certification. By submitting a proposal, the Proposer affirms that its response is genuine and not collusive or sham and that the Proposer has not colluded, conspired, or agreed with any other vendors or person to fix prices, restrict competition, or otherwise undermine the competitive procurement process.The electronic submission of a proposal constitutes the Proposer’s legally binding certification and execution of this requirement.

4.3. Proposer Representations

A. Each Proposer by submitting a proposal represents that:

1. The Proposer has read and understands this RFP (including all specifications and attachments) and that their proposal is made in accordance therewith.

2. The Proposer has reviewed the RFP, has become familiar with the local conditions under which the

Work is to be performed, and has correlated personal observations with the requirements of the proposed Contract Documents.

3. The proposal is based on the terms, services, materials, systems, and equipment required by this RFP, without exception.

4. The Proposer is qualified to provide the services and equipment required under this RFP and, if awarded the Contract, will do so in a professional, timely manner using Proposer's best skill and attention.

4.4. Award of Contract

A. Award of Contract will be made to the responsive and responsible proposer(s) whose proposal, conforming to the RFP, is most advantageous to the County, price and other factors considered. The

County reserves the right to make multiple awards based on the capacity of each Proposer.

B. The County reserves the right to 1) reject any or all proposals and any part of a proposal; 2) waive informalities, technical defects, and minor irregularities in proposals received; and 3) award the proposal(s) received on the basis of individual items or services or groups of items or services or the entire list of items or services.

C. The County shall be the sole judge of the suitability of the items or services to be provided pursuant to this RFP.

D. The County reserves the right to request the contractor/vendor’s latest financial statements and other such additional information as may be reasonably necessary to determine whether the contractor/vendor should be awarded the contract.

E. For debriefings, protests and appeals after the award of a contract, contractors are advised to consult the

Procurement Policy Manual located on the Dorchester County website at:

www.dorchestercountysc.gov/purchasing.

4.5. Notice of Award of Contract

A. The successful Proposer will be notified of acceptance of proposal by a written Letter of Intent to Award the contract. The successful Proposer shall not undertake any work, and the County will not be responsible for payment for any work whatsoever undertaken by successful Proposer prior to execution of the contract by both parties.

B. The successful Proposer shall be required to submit acceptable Insurance Certificate(s) and

Endorsement(s) within Five (5) Business Days after the issuance of the Notice of Award.

4.6. Contract Document

A. The successful Proposer shall be required to execute a formal contract within Ten (10) business days after issuance of a Letter of Intent to Award.

https://www.dorchestercountysc.gov/purchasing

B. Said Contract shall be virtually identical in substance and form to the Sample Contract contained herein.

The only anticipated changes will be to include additional exhibits, to fill in the blanks to identify the successful Proposer, and terms relating to compensation, or to revise the contract to accommodate corrections, changes in the scope of work, or changes pursuant to addenda issued prior to the proposal opening.

C. Because the signed contract will be substantively and substantially derived from the Sample Contract, Proposer is urged to seek independent legal counsel as to any questions about the terms, conditions or provisions contained in the Sample Contract, before submitting a proposal. Again, the Sample Contract, contains important legal provisions and is considered part and parcel of this RFP.

D. Proposers should raise any questions regarding the terms of the Contract, or submit requested changes in said terms, in the form of written questions or submittals, subject to the deadline for questions and should include on their Exceptions form.

E. Failure or refusal to sign aforesaid Contract shall be grounds for the County to revoke any Letter of Intent to Award which has been issued, for the proposer to forfeit their proposal security, and for the County to award the Contract to another Proposer.

4.7. Modification

A. The County has defined this section in the Sample Contract.

4.8. Notice to Proceed

A. A Notice to Proceed will be in the form of a purchase order after the successful Proposer has executed the

Contract and has submitted acceptable performance and payment bonds (if applicable) to the County as well as other submittals specified herein as required to be delivered before the Notice to Proceed is issued.

B. The successful Proposer shall not deliver any equipment to the work site or commence work until the successful Proposer has received a written Notice to Proceed from the Purchasing Services Manager or other authorized County representative.

4.9. Proposer's Qualifications

A. Before a proposal is considered for award, the Proposer may be requested by the County to submit a statement providing additional information regarding their previous experience in performing comparable work.

4.10. Subcontractors

A. If any subcontractors will be used for this service, the successful Proposer shall provide to the Purchasing

Services Manager a list of names of any of the intended subcontractors, the subcontractor's applicable license number(s), and a description of the work to be done by each subcontractor on the Subcontractor

Data Report Form included herein.

B. The successful Proposer shall not substitute other subcontractors without the written consent of the

Purchasing Services Manager.

C. The successful Proposer shall be responsible for all services performed by a subcontractor as though they had been performed by the successful Proposer. Responsibilities include, but are not limited to, compliance with any applicable licensing regulations.

D. If at any time the Purchasing Services Manager determines that any subcontractor is incompetent or undesirable, the director shall notify the successful Proposer accordingly, and the successful Proposer shall take immediate steps for cancellation of the subcontract and replacement.

E. Nothing contained in any contract resulting from this RFP shall create any contractual relationship between any subcontractor and the County.

F. It shall be the successful Proposer’s responsibility to ensure that all terms required in the attached Contract are incorporated into all subcontracts.

4.11. Indemnification

A. The County has defined this section in the Sample Contract.

4.12. Termination

A. The County has defined this section in the Sample Contract.

4.13. State and Local Taxes

A. Except as otherwise provided, Contract prices shall include all applicable state and local taxes.

B. The successful Proposer shall calculate that portion of the Contract which is subject to the seven percent

(7%) sales and/or use tax, which amount shall be itemized and shown on all invoices and shall be paid to

South Carolina Department of Revenue (SCDOR) by Contractor. If the successful Proposer is a non-South

Carolina company, the County will withhold said amount from all invoices and remit payment to the

SCDOR, unless the Contractor furnishes County with a valid South Carolina Use Tax Registration

Certificate Number.

C. The successful Proposer shall indemnify and hold harmless the County for any loss, cost, or expense incurred by, levied upon, or billed to the County as a result of the successful Proposer’s failure to pay any tax of any type due by Contractor in connection with this Contract.

D. The successful Proposer shall ensure that the above sections are included in all subcontracts and sub-subcontracts and shall ensure withholding on out of state sub and sub-subcontractors to which withholding is applicable.

4.14. Drug-Free Workplace Act

A. By submitting an offer, Proposer certifies that, if awarded a contract, Proposer will comply with all applicable provisions of the Drug-Free Workplace Act, Section 44-107-10, et seq., South Carolina Code of Laws, 1976, as amended.

4.15. Insurance Requirements

The successful proposer shall procure, maintain, and provide proof of, insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the County by the proposer, his agents, representatives, employees, or subcontractors. Proof of coverage as contained herein shall be submitted prior to the commencement of work and such coverage shall be maintained by the proposer for the duration of the contract period; for occurrence policies.

4.15.1. General Liability

A. Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability form including Products/Completed Operations.

Minimum Limits - General Liability:

$1,000,000 General Aggregate Limit

$1,000,000 Products & Completed Operations

$1,000,000 Personal and Advertising Injury

$1,000,000 Each Occurrence Limit

$50,000 Fire Damage Limit

$5,000 Medical Expense Limit

4.15.2. Automobile Liability

A. Coverage sufficient to cover all vehicles owned, used, or hired by the proposer, his agents, representatives, employees or subcontractors.

Minimum Limits - Automobile Liability:

$1,000,000 Combined Single Limit

$1,000,000 Each Occurrence Limit

$5,000 Medical Expense Limit

4.15.3. Workers' Compensation

A. Limits as required by the Workers' Compensation Act of SC. Employers Liability: $1,000,000.

4.15.4. Owners' & Contractors' Protective Liability

A. Policy will be in name of County. Minimum limits required are $1,000,000. Required if work is defined as a construction project where the proposal total exceeds $1,000,000.

4.15.5. Professional Liability

A. Minimum limits are $1,000,000 per occurrence.

4.15.6. Coverage Provisions

A. All deductibles or self-insured retention shall appear on the certificate(s).

B. The County of Dorchester, its' officers/ officials, employees, agents and volunteers shall be added as

"additional insured" as their interests may appear. This provision does not apply to Professional Liability or Workers' Compensation/Employers' Liability.

C. The offeror's insurance shall be primary over any applicable insurance or self-insurance maintained by the

County.

D. Shall provide 30 days written notice to the County before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable.

E. All coverage for subcontractors of the proposer shall be subject to all of the requirements stated herein.

F. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by the County. At the option of the County, either; the insurer shall reduce or eliminate such deductible or self-insured retention; or the proposer shall be required to procure a bond guaranteeing payment of losses and related claims expenses.

G. Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the

County, its officers/officials, agents, employees, and volunteers.

H. The insurer shall agree to waive all rights of subrogation against the County, its' officers/officials, agents, employees or volunteers for any act, omission or condition of premises which the parties may be held liable by reason of negligence.

I. The proposer shall furnish the County certificates of insurance including endorsements affecting coverage.

The certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its' behalf, if executed by a broker, notarized copy of authorization to bind, or certify coverage must be attached.

J. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than an A:VII. If

A.M. Best rating is less than A:VII, approval must be received from County’s Risk Manager.

4.16. Utilization by Other Public Agencies Clause

A. The use of this solicitation and resulting contract shall be made available to other local governmental agencies and agencies established for the public benefit (“Public Agencies”). The parties agree to allow other governmental agencies to enter into separate agreements with the Contractor under the terms and prices in effect between the County and the Contractor, upon prior approval from Contractor of proposed pricing for other governmental agencies. The parties also agree that any other agency utilizing the terms and prices of this agreement shall not be deemed to be an agent or employee of the County of Dorchester for any purpose whatsoever. The parties further agree that any Public Agency will enter its own separate contract with the Contractor.

B. The County is not otherwise responsible for the Public Agencies’ performance of the Contract between the individual Public Agencies and the Contractor or for any obligation or liability accruing to the Public

Agencies in the performance thereof. The Public Agencies and the Contractor further agree to waive any rights they may have in making the County of Dorchester a party to a dispute between a Public Agency and the Contractor.

C. The County may advertise the resulting contract to other public agencies for their use as described in above on third-party platforms.

4.17. All County Departments Eligible to Purchase

A. This solicitation may be issued by a specific department, but the County shall have the discretion to permit

ALL County departments, divisions, or other business units to purchase the goods or services solicited at the terms, conditions, and pricing as agreed-upon in the contract resulting from the solicitation. Expansion of the contract to include other County departments, divisions, or other business units may be accomplished by purchase order, change order, or amendment, as determined by the Purchasing Services

Manager.

4.18. Confidential Information

A. Proposers must clearly mark as “confidential” each part of their response which they consider to be trade secrets or information of a personal nature that could be exempt from disclosure under the South Carolina

Freedom of Information Act (SCFOIA) as set forth in Chapter 4, Title 30, of the South Carolina Code of

Laws, 1976, as amended. The County reserves the right, in its sole discretion, to determine whether this information should be exempt from disclosure and no legal action may be brought against the County or its agents for its determination in this regard. Upon receipt of a proposal package by the County the submittal shall become the property of the County without compensation to the proposer, for disposition or usage by the County at its discretion. The details of the proposal documents will remain confidential until final award, except for sections that are marked “confidential” as explained above and except as required by law.

4.19. Intellectual Property

A. Any information, data, instruments, documents, studies, reports, or deliverables given to, exposed to, or prepared or assembled by the proposer shall be kept as confidential information of the County and not divulged or made available to any individual or organization except as required by law. Such information, data, instruments, documents, studies, reports, or deliverables will be the sole property of the County and not the proposer.

B. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks, and trade secrets invented, developed, created, or discovered in performance of this contract shall be property of the County.

5. SECTION FIVE: SAMPLE CONTRACT

5.1. Sample Agreement

STATE OF SOUTH CAROLINA

COUNTY OF DORCHESTER

THIS CONTRACT (hereinafter the “Contract”) entered into this ____ day of (Month) (Year), between the

COUNTY OF DORCHESTER, South Carolina, a public body corporate and politic and political subdivision of the State of South Carolina, (hereinafter the "County") and (NAME OF COMPANY/INDIVIDUAL), a (State Name) Sole

Proprietorship/Partnership/Corporation, Limited Liability Corporation (choose one), the address of which is Street, City, State, Zip (hereinafter the "Contractor"), (“Party” as to each; collectively the “Parties”).

W I T N E S S E T H:

WHEREAS, the County wishes to contract for (Project Description), as described in (Solicitation Number) (“Work” and/or “Services”); and

WHEREAS, the Contractor has represented to the County that its staff is qualified to provide the

Work and perform this Contract in a professional and timely manner; and

WHEREAS, the County has relied upon the above representations by the Contractor; and

NOW, THEREFORE, for and in consideration of these promises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and the above-referenced recitals incorporated into this Contract herein by reference, the Parties hereto hereby agree as follows:

SECTION ONE

Contract Documents

This contract includes the plans and specifications for the Project, specifically identified as the following:

Exhibit A: Request for Proposals (RFP) No. [Solicitation No.], including specifications, drawings, other attachments, and all addenda Exhibit B: Contractor's Insurance Certificate(s) and Endorsement(s) Exhibit C: Contractor's Proposal and Submissions Exhibit D: Contractor's Cost Proposal

In order to induce the County to execute this Contract and recognizing that the County is relying thereon, the Contractor, by executing this Contract, makes the following express representations to the County:

The Contractor is fully qualified to act as the general contractor for the work and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the general contractor for, and to construct the work;

The Contractor has become familiar with the work site and the local conditions under which the work is to be constructed and operated. “Work Site” means the site or sites where the Work is performed.

The Contractor has received, reviewed, and examined all of the documents which make up this Contract, including, but not limited to, all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated, and sufficient.

SECTION TWO

Scope of Work

The Contractor agrees to perform and furnish all labor, supervision, materials, equipment, transportation and supplies necessary for the completion of the Work required under this Contract in a professional, timely manner, in accord with all applicable laws, rules and regulations. Contractor shall provide services as detailed in the Scope of Work and Contractor’s offer previously incorporated by reference.

Scope of Work and Specifications:

The Contractor shall provide disaster debris monitoring, management, and FEMA reimbursement support services as described in the Scope of Work (Exhibit A). Services shall include field monitoring, documentation, load ticketing, reporting, contractor oversight, and FEMA compliance support.

Coordination of the Work and administration of this Contract shall be by the Dorchester County Public Works Department.

SECTION THREE

Contract Price: Payment Terms

Provider has proposed terms of payment in response to this solicitation, which is attached hereto. Compensation shall be based on hourly rates/reimbursable expenses as set forth in Exhibit D (Cost Proposal). Hourly rates shall remain firm for the initial term of the contract and any renewal periods unless otherwise negotiated in writing. Annual CPI increase requests must be sent to the County prior to February 1.

No payment shall be made unless services are authorized by a written Task Order. Reimbursable expenses shall be billed at actual cost without markup. Additional services, including but not limited to emergency planning, training, reconstruction, or engineering services, may be requested by the County. Such services shall be authorized and priced separately and shall not be performed without prior written approval.

Payment shall be due within thirty (30) days of approved invoices.

SECTION FOUR

Time: Term of Contract

The term of the Contract shall commence upon Notice to Proceed and continue for One Year with the option to renew for up to four additional One-Year terms.

SECTION FIVE

Surety Bonds

Intentionally Omitted

SECTION SIX

Insurance Requirements

The Contractor, at its own expense, shall at all times during the term of the Contract, maintain insurance as included in the

General Terms and Conditions of solicitation, which is attached hereto and previously incorporated by reference. The

County may contact the Contractor’s insurer(s) or insurer(s)' agent(s) directly at any time regarding the Contractor’s coverages, coverage amounts, or other such relevant and reasonable issues related to this Contract. The Contractor shall also require any subcontractors to carry the same coverages in the same amounts.

The County must be advised immediately of any changes in required coverages.

SECTION SEVEN

Compliance with Legal Requirements

All applicable federal, state and local laws, ordinances, and rules and regulations of any authorities (including, but not limited to, any laws, ordinances or regulations relating to the S.C. Department of Revenue or the S.C. Board of Contractors) shall be binding upon the Contractor throughout the pendency of this Work. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation, and shall hold the County harmless and indemnify same in the event of non-compliance as set forth in the Contract.

The Contractor certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of South Carolina Code of Laws, 1976, as amended, and agrees to provide to the State upon request any documentation required to establish either:

(a) that Title 8, Chapter 14 is inapplicable to the Contractor and its subcontractors or sub-subcontractors; or (b) that the Contractor and its subcontractors or sub- subcontractors are in compliance with Title 8, Chapter 14.

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.”

The Contractor agrees to include in any contracts with subcontractors, language requiring subcontractors to (a) comply with applicable requirements of Title 8, Chapter 14, and (b) include in its contracts with the sub-contractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.

The Contractor agrees to and shall certify agreement to abide by the requirements under Title VI of the

Civil Rights Act of 1964, and other non-discrimination authorities under Federal Executive Order Number

11246, as amended, and specifically, the provisions of the equal opportunity clause.

The Contractor shall comply with all federal, state and local laws, ordinances, rules and regulations of any authorities throughout the duration of this Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation, and shall hold County harmless and indemnify same in the event of non-compliance.

Contractor shall comply with all applicable provisions of 2 CFR Part 200, including Appendix II, as may be amended.

SECTION EIGHT

FEMA Compliance Clause

The Contractor shall comply with all applicable federal requirements, including but not limited to 2 CFR Part 200 and

FEMA Public Assistance Program requirements.

The Contractor shall maintain documentation sufficient to support reimbursement and shall ensure all work performed is eligible under FEMA guidelines.

SECTION NINE

Documentation and Audit Support

The Contractor shall maintain and provide all records, load tickets, reports, and supporting documentation necessary for audit and reimbursement. The Contractor shall cooperate fully with County, State, and Federal audits.

SECTION TEN

No Guarantee of Work (Pre-Event Contract) This is a pre-event contract. The County does not guarantee any minimum amount of work or compensation. Work shall only commence upon issuance of an approved Task Order by the County.

SECTION ELEVEN

Drug-free Workplace Act

The Contractor shall comply with the South Carolina Drug-free Workplace Act, Section 44-107-10 et seq., S.C. Code of

Laws (1976, as amended).

SECTION TWELVE

Contractor's Warranties and Representations

The Contractor represents that its staff is knowledgeable about and experienced in performing the Work required in this

Contract and warrants that it will use the best skill and attention to provide above described Work in a professional, timely manner.

The Contractor warrants and represents that it shall be responsible for all subcontractors working directly for it, as well as for their Work product, as though the Contractor had performed the Work itself.

A. If equipment, materials and supplies are to be a part of the service provided, all equipment, materials, and supplies incorporated in the Work covered by the offer and provided by the Contractor are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in this Contract, reference to any equipment, material, article or patented process, by trade name, make or catalog number, shall not be construed as limiting competition. When requested, the Contractor shall furnish to the Purchasing Services Manager, for approval the name of the manufacturer, the model number, and other identifying data and information respecting the performance, capacity, nature and rating of the machinery and mechanical and other equipment which the

Contractor contemplates incorporating in the Work. When required by this Contract or when called for by the

Purchasing Services Manager, the Contractor shall provide full information concerning the material or articles which he contemplates incorporating in the Work. When so directed, samples shall be submitted for approval at the

Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material and articles installed or used without the required prior approval of the County shall be at the risk of subsequent rejection by the County.

B. Any and all manufacturers' warranties on any equipment or materials will be passed on to the County and copies of said warranties will be furnished by the Contractor to the County upon completion and final acceptance of the Work.

C. The Purchasing Services Manager may, in writing, require the Contractor to remove from the Work Site any employee the Purchasing Services Manager deems incompetent, careless or otherwise objectionable.

D. In addition to any manufacturer's warranties, all labor and materials are warranted to be free from defects for a period of twenty-four (24) months after the date of Final Payment by the County.

SECTION THIRTEEN

Retention of Records

The Contractor agrees to maintain for three (3) years from the date of Final Payment, or until the end of any audit or closure of all pending matters under this Contract, whichever is later, all books, documents, papers, and records pertinent to this

Contract. The Contractor agrees to provide to the County, any federal grantor agency, the Comptroller General of the

United States, any state grantor agency, any assignee, or any of their duly authorized representatives access to such books, documents, papers, and records for the purpose of examining, auditing,…