Disaster_Debris_Removal,_Management,_and_Disposal_Services_(Pre-Event).pdf

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

REQUEST FOR PROPOSAL

No. 2026-53

Disaster Debris Removal, Management, and Disposal Services

(Pre-Event)

Publish Date April 7, 2026

Last Day for Questions April 21, 2026, 8:00am

Proposal Due Date May 5, 2026, 2:00pm

Table Of Contents

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Purpose

1.2. Scope of Services

1.3. 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_Cost Calculation Table

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Purpose

Dorchester County is seeking proposals from qualified contractors to provide Disaster Debris Removal, Management, and Disposal Services following hurricanes or other natural or man-made disasters.

The intent of this solicitation is to establish one or more pre-event standby contracts that will be activated only upon declaration of an emergency or disaster event. No work is guaranteed under this contract unless activated by Dorchester County. Contract(s) will be activated only upon declaration of an emergency or disaster event, and no minimum quantity of work is guaranteed.

Services shall be performed in accordance with all applicable Federal, State, and local laws, including but not limited to FEMA Public Assistance Program requirements, OSHA regulations, and environmental protection standards.

Dorchester County reserves the right to award contracts to multiple firms to ensure adequate response capacity during large-scale disasters.

1.2. Scope of Services

1.2.1. General

The Contractor shall provide all supervision, labor, equipment, materials, transportation, and management necessary to perform comprehensive debris management services including, but not limited to, the following.

1.2.2. Emergency Roadway Clearance (Debris Push)

The Contractor shall perform emergency debris removal operations to clear primary transportation routes sufficient to allow passage of emergency vehicles.

Services may include:

o Removal of vegetative debris from roadways o Removal of sand and sediment from roads and bridges o Clearing intersections and emergency access routes

The Contractor must be capable of mobilizing within twenty-four (24) hours of notification.

1.2.3. Debris Removal and Hauling

The Contractor shall remove and lawfully dispose of eligible disaster-generated debris from:

o public rights-of-way o County easements o public facilities o public lands o other areas designated by Dorchester County

Debris may include:

o vegetative debris o construction and demolition debris o mixed debris o white goods o electronic waste o sand and sediment o hazardous limbs and tree stumps o marine debris and vessels o demolition debris from damaged structures

Debris shall be mechanically loaded whenever possible and transported to approved disposal or reduction facilities.

1.2.4. Temporary Debris Staging and Reduction Site (TDSRS) Management

The Contractor may be required to assist with the development and operation of Temporary Debris Staging and Reduction Sites.

Responsibilities may include:

o assisting with site selection o preparation of site management plans o site preparation and construction o traffic control and site access management o debris segregation and processing o operation of grinding or reduction equipment o environmental protection measures o restoration of the site to its pre-use condition

Inspection towers and other operational infrastructure necessary to support debris monitoring shall be provided by the Contractor.

1.2.5. Debris Processing and Reduction

Debris reduction operations may include:

o vegetative debris grinding or mulching o incineration or air curtain burning when permitted o recycling of metals and white goods o separation of debris streams

All processing activities must comply with all environmental and regulatory requirements.

1.2.6. Household Hazardous Waste Handling

The Contractor shall identify, segregate, and properly contain household hazardous waste delivered to debris management sites including items such as:

o used oil o batteries o paint o pesticides o aerosols o antifreeze o fluorescent bulbs o propane tanks

Commercial hazardous waste shall be handled by licensed hazardous material contractors.

1.2.7. Private Property Debris Removal

When directed by Dorchester County, the Contractor may be required to remove debris from private property where debris presents an imminent threat to public health or safety.

All work must comply with FEMA Private Property Debris Removal (PPDR) policies.

1.2.8. Documentation and FEMA Compliance

The Contractor shall maintain complete documentation required for FEMA reimbursement including:

o electronic load ticket systems o truck certification documentation o debris origin documentation o photographic records o daily operational reports o reconciliation of load tickets and disposal records

The Contractor shall coordinate closely with Dorchester County and the County’s Debris Management

Monitor.

1.2.9. Public Information Support

When directed by Dorchester County, the Contractor shall assist in preparing public notifications regarding debris removal operations, including debris placement instructions and collection schedules.

All public notices must receive prior approval from Dorchester County before release.

1.2.10. Annual Training and Preparedness Planning

The Contractor shall participate in annual preparedness planning with Dorchester County including:

o debris collection zone review o TDSRS planning o subcontractor coordination o review of FEMA requirements o emergency response planning

1.3. Pricing Details

1.3.1. General Requirements

Proposers shall submit pricing using the electronic pricing table in Section 6.1. Pricing shall be submitted on a unit price basis for all items 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. All-Inclusive Pricing

All unit prices shall be fully burdened and all-inclusive, and shall include, but not be limited to:

▪ labor and supervision

▪ equipment and tools

▪ fuel and maintenance

▪ materials and supplies

▪ transportation and hauling

▪ mobilization and demobilization

▪ overhead and profit

No additional compensation will be allowed unless specifically authorized in writing by Dorchester

County.

1.3.3. Unit Price Structure

Proposers shall provide one (1) unit price per line item as specified in the Cost Proposal Forms.

▪ Tiered pricing (e.g., different pricing based on quantities or ranges) is not permitted.

▪ Lump sum pricing is not permitted unless specifically requested.

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

1.3.4. Cost Proposal Assumptions (Optional)

Proposers may submit a brief narrative (not to exceed two (2) pages) describing any assumptions used in developing their pricing.

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.

1.3.5. Cost Evaluation Methodology

Dorchester County will evaluate cost proposals using a standardized cost evaluation model based on estimated quantities for typical disaster scenarios.

The estimated quantities are provided in Attachment A – Cost Evaluation Worksheet and are for evaluation purposes only. These quantities do not represent actual or guaranteed work. This worksheet is for informational purposes only and should not be completed by Offerors.

The total evaluated cost for each proposer will be calculated by multiplying the proposer’s unit prices by the estimated quantities and summing the results.

Cost scores will be calculated using the following formula:

Lowest Evaluated Cost ÷ Proposer’s Evaluated Cost × Available Cost Points

1.3.6. 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.

1.3.7. Errors and Omissions

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

1.3.8. 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, if used, must comply with FEMA requirements and may be subject to additional limitations.

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.

Section 1 – Executive Summary

Provide a brief summary including:

• firm name and address

• authorized representative

• contact information

• statement confirming understanding of the project

• certification that the proposal is submitted in good faith and without collusion

Section 2 – Firm Qualifications and Organization

Provide:

• company history and background

• years in business

• organizational structure

• number of employees

• organizational chart for proposed project team

• description of technical and construction capabilities

Section 3 – Key Personnel and Experience

Provide resumes and qualifications for key personnel including:

• project manager

• field supervisors

• safety officer

• TDSRS manager

• compliance/documentation staff

Include certifications and relevant training.

Section 4 – Past Performance

Provide a list of major debris removal or disaster recovery projects completed within the past five years including:

• project location

• contracting agency

• project value

• services performed

• mobilization timeframe

• FEMA involvement

Include at least three references for similar contracts.

Section 5 – Current Contracts and Resource Capacity

Provide a listing of all current disaster-related contracts including:

• contracting agency

• contract location

• contract status

• explanation of how resources will be allocated if multiple contracts are activated simultaneously

Clearly distinguish between company-owned resources and subcontracted resources.

Section 6 – Equipment Resources

Provide an inventory of available equipment including:

• equipment type

• quantity

• ownership status

• location

• availability for mobilization

Section 7 – Subcontracting Plan

Provide:

• list of proposed subcontractors

• description of services provided by each

• plan for participation of local and minority businesses

• sample subcontract agreement

Section 8 – Technical Approach

Describe the proposer’s understanding of the County’s needs and the methodology for performing the work including:

• debris removal methods

• hauling operations

• TDSRS management

• debris reduction operations

• safety and environmental compliance

• coordination with County and debris monitoring staff

Section 9 – Disaster Response and Mobilization Plan

Provide detailed response plans describing how the proposer will respond to disaster events including:

• staffing plans

• equipment deployment

• mobilization timeline

• proposed TDSRS locations

• routing and scheduling of debris collection

Section 10 – Public Communication Capability

Describe the firm’s ability to support public notices, scheduling announcements, and other public communication related to debris removal operations.

Section 11 – Safety Program

Provide a summary of the firm’s safety program including:

• safety officer responsibilities

• work zone safety procedures

• OSHA compliance practices

• incident reporting procedures

Section 12 – Litigation and Claims

Provide a list of:

• pending litigation related to debris operations

• judgments or settlements within the past five years relevant to the services requested

Section 13 – Additional Services

Describe any additional disaster recovery services the firm can provide such as:

• marine salvage

• canal or river debris removal

• beach or shoreline restoration

• demolition services

• emergency support services

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 Qualifications and

Experience

Description

This criterion evaluates the proposer’s overall experience and qualifications in providing disaster debris removal and management services for governmental entities, particularly projects involving FEMA reimbursement requirements.

Demonstration

Proposers should demonstrate their qualifications by providing:

o company history and years of experience in debris management operations o experience performing disaster debris removal following hurricanes or other major disasters o experience working with local governments or public agencies o experience complying with

FEMA Public Assistance

Program requirements o qualifications and experience of proposed key personnel o certifications, training, and professional credentials relevant to debris management operations

Higher scores will be given to firms demonstrating extensive experience with large-scale disaster recovery operations and FEMA-compliant documentation processes.

0-5 Points 25

(25% of Total)

2. Technical Approach and

Methodology

Description

This criterion evaluates the proposer’s understanding of the County’s needs and the proposed methods for performing the required services efficiently, safely, and in compliance with regulatory requirements.

Demonstration

Proposers should demonstrate their approach by describing:

o methodology for debris collection, loading, hauling, and disposal o procedures for separating and managing various debris streams o approach to establishing and operating Temporary Debris

Staging and Reduction Sites

(TDSRS)

o environmental protection and regulatory compliance procedures o quality control measures o coordination with the County and the Debris Management

Monitor o approach to documentation and

FEMA reimbursement support

Higher scores will be given to proposals demonstrating well-organized operational plans and strong understanding of FEMA compliance requirements.

0-5 Points 20

(20% of Total)

3. Disaster Response and

Mobilization Capability

Description

This criterion evaluates the proposer’s ability to rapidly mobilize personnel, equipment, and resources following a disaster event and sustain operations during large-scale debris removal efforts.

Demonstration

Proposers should demonstrate response capability by providing:

o mobilization timeline following activation of the contract o description of staffing levels and management structure during disaster operations o plan for staging equipment outside disaster impact zones when necessary o logistical support capabilities including fuel, communications, and support services o contingency planning for large-scale or catastrophic events o ability to respond to multiple operational scenarios described in the RFP

Higher scores will be given to firms demonstrating proven ability to mobilize quickly and manage large-scale disaster response operations.

0-5 Points 15

(15% of Total)

4. Past Performance and References

Description

This criterion evaluates the proposer’s history of successfully completing similar projects and the satisfaction of previous clients.

Demonstration

Proposers should demonstrate past performance by providing:

o a list of similar disaster debris removal projects completed within the past five years o project descriptions including scope, contract value, and debris volume managed o contact information for project references o documentation of successful

FEMA reimbursement for previous projects o description of how hazardous materials, white goods, and mixed debris were handled on previous projects o examples of documentation and reporting systems used

Higher scores will be given to firms with successful past performance on comparable projects and positive references from governmental clients.

5. Resource Capacity and

Equipment

Description

This criterion evaluates the proposer’s available resources, equipment inventory, subcontractor network, and ability to provide sufficient operational capacity to support disaster recovery operations.

Demonstration

Proposers should demonstrate resource capacity by providing:

o inventory of available equipment and hauling units o identification of company-owned versus subcontractor equipment o number and qualifications of available personnel o list of subcontractors and their roles o plan for local subcontractor participation o description of equipment staging and deployment strategy

Higher scores will be given to firms demonstrating sufficient resources and equipment to support large-scale debris removal operations.

0-5 Points 10

(10% of Total)

6. Cost Proposal

Description

This criterion evaluates the reasonableness, competitiveness, and completeness of the proposer’s unit pricing for the services requested.

Demonstration

Proposers must submit pricing using the electronic Pricing Table provided by Dorchester County. Pricing shall be submitted on a unit cost basis and must include all costs associated with providing the services.

Evaluation of cost proposals may include:

• comparison of unit pricing across proposers

• reasonableness of pricing relative to industry standards

• completeness of submitted pricing forms

• consistency of pricing with the proposed technical approach

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 Tuesday, April 21, 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 Tuesday, May 5, 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 XXXXX 2026, 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

"Consultant"), (“Party” as to each; collectively the “Parties”).

W I T N E S S E T H:

WHEREAS, the County wishes to contract for [Description of Services], as described in Solicitation

No. [####] (“Work” and/or “Services”); and

WHEREAS, the Consultant 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 Consultant; 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

The Parties agree that the Contract Documents shall include the following, which are incorporated herein by reference:

Exhibit A: Solicitation No. [###]

Exhibit B: Consultant’s Insurance Certificate(s) and Endorsement(s)

Exhibit C: Consultant's submission dated [dddd]

Exhibit D: Consultant’s Cost Proposal and Preliminary Schedule dated [dddd]

Exhibit E: Required Forms appended to this contract

In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, the following shall control:

A. As between the Contract and the Contract Documents or any other documents which make up this

Contract, this Contract shall govern.

B. In the event of any conflict, discrepancy, or inconsistency among any of the other Contract Documents, the Consultant shall diligently review all such documents and notify the County immediately upon discovery of same for resolution by the County.

C. Any documents not included or expressly contemplated in this Contract do not, and shall not, form a part of this Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed a requirement in all documents.

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

The Consultant is fully qualified to act as the design professional for the work and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the design professional for, and to design the work;

The Consultant 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 Consultant has received, reviewed and examined all of the documents which make up this Contract, 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 Consultant 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 manner, in accordance with the customarily accepted professional standard of care and all applicable laws, rules and regulations.

Scope of Work and Specifications:

Contractor will provide task orders as requested by County for specific projects.

SECTION THREE

Contract Price: Payment Terms

The Contract Price shall be based on each individually approved Task Order. The Consultant shall submit the associated Fee with each Task Order’s Scope of Work. The Consultant shall submit monthly invoices for work performed on the Task Order or submit invoices based on agreed Task Order milestones. Monthly submissions shall indicate the estimated work completion on the Task Order. A department director or his designee shall review the Invoice Submission and recommend Payment for the services.

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 issuance of a Notice to Proceed by the Purchasing Services

Manager. The contract term shall be one year with the option to renew up to four additional one-year terms.

SECTION FIVE

Surety Bonds

[Intentionally Omitted]

SECTION SIX Insurance Requirements

The Consultant, 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 No. [ ], which is attached hereto and previously incorporated by reference. The County may contact the Consultant’s insurer(s) or insurer(s)' agent(s) directly at any time regarding the Consultant’s coverages, coverage amounts, or other such relevant and reasonable issues related to this Contract. The Consultant shall also require any subconsultants to carry the same coverages in the same amounts.

Th…