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REQUEST FOR PROPOSAL

No. 2026-35

Job Order Contracting (JOC) Services - Landscaping

Publish Date December 10, 2025

NON-MANDATORY Pre-

Proposal Meeting (Non-

Mandatory)

December 18, 2025, 10:00am

Virtual Link:

https://attendee.gotowebinar.c om/register/79846121110567

59388

Last Day for Questions January 7, 2026, 11:59pm

Proposal Due Date January 15, 2026, 2:00pm https://attendee.gotowebinar.com/register/7984612111056759388

Table Of Contents

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Introduction/Purpose

1.2. Scope of Work

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

2.2. 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 Oath

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. Vendor Questionnaire

6.2. Attachments and Exhibits

Attachments:

A - SUBCONTRACTOR_DATA_FORM - to be submitted with each Job Order

1. SECTION ONE: SCOPE/STATEMENT OF WORK

1.1. Introduction/Purpose

Dorchester County (the County) invites qualified firms to submit proposals to provide Job Order

Contracting (JOC) Services for General Landscaping Projects for Dorchester County at various locations throughout the County.

This Request for Proposals (RFP) document provides background and general information for Respondents and should be used in the development of proposals.

a. A Job Order Contract is an indefinite quantity construction contract pursuant to which the Contractor may perform an ongoing series of individual Projects at different locations and facilities under the jurisdiction of the County. Job Order Contracting is typically used for repair and rehabilitation work, replacement in kind projects, site work, and minor new construction.

b. Once the new Job Order Contracts are awarded, the County intends to use the new Contracts exclusively.

Firms with a current County Job Order Contract need to respond to this RFP as no new Job Orders will be assigned to the old Contracts once the new ones are awarded.

c. The Contract Documents include a Construction Task Catalog® containing Prepriced Tasks for construction work with preset Unit Prices. All Unit Prices are based on local labor, material and equipment costs and are for the direct cost of construction.

d. Proposers will propose two sets of Adjustment Factors to be applied to the Unit Prices. The first set of

Adjustment Factors will be for Work in a Non-Secure Area while the second set of Adjustment Factors will be for Work in Secure Areas. Each set of Adjustment Factors includes one Adjustment Factor for performing work during Normal Working Hours and a second Adjustment Factor for performing work during Other Than Normal Working Hours. The same Adjustment Factors apply to every Pre-priced Task in the Construction Task Catalog®. Proposers will also submit an Adjustment Factor to be applied to Non-

Prepriced Tasks.

e. As Projects are assigned, the Contractor will attend a Joint Scope Meeting with the County to review and discuss the proposed work. The County will prepare a Detailed Scope of Work and issue a Request for Job

Order Proposal to the Contractor. The Contractor will then prepare a Job Order Proposal including a Price

Proposal, construction schedule, list of proposed subcontractors, and other requested documentation.

f. The value of the Price Proposal shall be determined by summing the total of the following calculation for each Prepriced Task: Unit Price x quantity x Adjustment Factor, plus the value of all Non-Prepriced Tasks.

The Job Order Price shall equal the value of the approved Price Proposal.

g. If the Job Order Proposal is found to be complete and accurate, the County may issue a Job Order to the

Contractor.

h. A Job Order will reference the Detailed Scope of Work and set forth the Job Order Completion Time, and the Job Order Price. The Job Order Price shall be a lump sum, fixed price for the completion of the Detailed

Scope of Work. A separate Job Order will be issued for each Project. Extra work, credits, and deletions will be contained in a Supplemental Job Order.

i. Extra work, credits, and deletions will be contained in a Supplemental Job Order.

ACCESS TO THE PRE-PROPOSAL MEETING: Use the following link to access the pre-proposal meeting on December 18, 2025 at 10:00 AM EST:

https://attendee.gotowebinar.com/register/7984612111056759388

1.2. Scope of Work

1.2.1. Job Order Contracting Services

The Work will be set forth in the Detailed Scope of Work for individual Job Orders. The Contractor is required to complete each Detailed Scope of Work for the Job Order Price within the Job Order

Completion Time. The Contractor will be required to perform Work at any site or facility under the jurisdiction of the County.

The County intends to award multiple Job Order Contracts from this RFP process.

2. SECTION TWO: PROPOSAL FORMAT AND EVALUATION CRITERIA

2.1. Proposal Format

Each firm must submit its proposal based on the guidelines below and in the same order as listed. The proposal format requirements were developed to aid Offerors in their proposal development; they also provide a structured format, so reviewers can systematically evaluate several proposals. These directions apply to all proposals submitted.

A. Cover Letter (1-2 Pages)

a. Brief introduction of the firm, including key qualifications.

b. Statement of interest in providing Job Order Contracting services.

c. Name, title, and contact information of the primary point of contact.

d. Acknowledgment of the county’s requirements and a statement of the proposer’s ability to meet them.

B. Firm Qualifications, Safety & Experience – 30% Evaluation Weight

a. Overview of the firm’s history, size, and areas of specialization.

b. Experience providing services for the trade proposed and completing construction projects.

c. Summary of similar projects completed, including government agency clients.

d. Licensing and professional designations (e.g., insert any required or preferred certifications, licenses, etc.).

e. Safety: Attach a letter from the firm’s insurance company, on the insurance carrier’s letterhead, stating the firm’s Experience Modification Rate (EMR) for the past three calendar years: 2024, 2023, and 2022.

a. If, during any year, the EMR is greater than 1.0, attach an explanation as to why the EMR is greater than 1.0 and steps taken to reduce the EMR.

C. Cost Proposal – 30% Evaluation Weight

A. Fee Schedule (Required) – Complete the JOC Cost Proposal Form identifying Adjustment Factors for each trade being proposed. The Adjustment Factors are as follows:

A. Non-Secure Areas, Normal Working Hours;

B. Non-Secure Areas, Other than Normal Working Hours;

C. Secure Areas, Normal Working Hours;

D. Secure Areas, Normal Working Hours; and

E. Non Pre-Priced Adjustment Factor.

B. Refer to the JOC Supplemental Conditions for a detailed explanation of the Adjustment Factors.

D. Capacity & Availability – 20% Evaluation Weight

A. Availability of qualified personnel to perform services.

B. Location of firm’s offices and ability to respond quickly to county requests.

C. Description of staffing plan and ability to handle multiple assignments.

D. Identify and attach resume for the Key Personnel:

A. Project Manager responsible for the Job Order development services (site visit, preparation of

Price Proposals, etc.).

B. General Field Superintendent responsible for managing construction operations.

C. The key personnel submitted with the Proposal shall be assigned for the full duration of the

Contract. The Contractor must obtain County’s prior approval before substituting any of the key personnel proposed with this Contract.

E. References & Past Project Performance – 20% Evaluation Weight

A. Three (3) client references, preferably from municipalities, counties, or utilities (these can be the same ones included in the Required Forms Section).

B. Contact details for references (name, title, organization, phone, email).

C. Provide a maximum of (10) construction projects whose scope is consistent with the trade being proposed. All projects must have a final acceptance after January 1, 2022.

A. For each project, complete a separate comparable construction experience form and attach a separate document detailing the scope of work.

F. Required Forms.

All forms in Section Six should be returned. References on required forms can be the same ones included in subsection "References & Past Project Performance" above.

2.2. 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(s) 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 Wednesday, January 7, 2026 at 11:59 pm.

3.2. Proposal Submittal Process

Proposals may be submitted online, in-person, or mailed. The County’s preferred method of proposal submittal is electronically through the OpenGov Procurement Portal. County Proposals may be found by visiting the following link:

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

Respondents may also mail or hand-deliver their proposals as described in Section Four.

3.3. Proposal Submittal Deadline

Proposals will be received until Thursday, January 15, 2026 at 2:00 pm, after which time they will be evaluated. Late proposals will not be accepted.

3.4. Term of Agreement

The Base Term of the contract will be for one-year. There are four renewal Option Terms. The duration of each Option Term is one-year.

3.5. Payment to Contractor

Payment shall be due within thirty (30) days of approved invoices. Contractors shall be paid the Job Order

Price for completion of the Detailed Scope of Work. After receiving payment for completed work, the

Contractor shall pay Gordian the JOC Administrative Fee.

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 only directed by email to

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.

mailto:RDantzler@DorchesterCountySc.gov

4. SECTION FOUR: TERMS AND CONDITIONS

4.1. Preparation, Submission and Withdrawal of Proposals

A. Proposals must be submitted in the manner described in the RFP documents and, if applicable, on the forms furnished in the RFP, and may be manually or electronically signed. If erasures or other changes appear on the forms or proposal documents, each erasure or change must be initialed by the person signing the proposal.

B. It is preferred that proposals be electronically submitted via the OpenGov website; however, Dorchester

County is not responsible if proposals are not received due to website or user errors.

C. Mailed or hand-delivered proposals must be submitted in a sealed envelope showing the solicitation number on the outside of the envelope and must be addressed to Dorchester County Purchasing Services, 201 Johnston Street, Archives Office, Saint George, South Carolina 29477. Each sealed envelope containing a proposal shall be marked on the outside with the Proposer's complete name, address, proposal number, RFP title, along with the due date and time. Failure to do so may result in premature opening of, or a failure to open, such proposal.

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 by written request received from the Proposer prior to the time set for opening of proposal, 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 Oath

A. Every proposal must be accompanied by a notarized affidavit of non-collusion, executed by the Proposer or in the case of a corporation, by a duly authorized representative of said corporation. The Non-Collusion

Oath is provided herein.

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

https://www.dorchestercountysc.gov/purchasing

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.

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 under Section Twenty-Three.

B. During the course of the Contract, the County and Contractor may request modifications to the Contract.

Any modifications must be in writing and signed by both parties

C. For changes to the Detailed Scope of Work, the Job Order Price for changes in work shall be priced in accordance with the procedure for ordering work as set forth in the JOC Supplemental Conditions and issued as a Supplemental Job Order.

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. The Subcontractor Data Report Form is to be submitted with each Job

Order Proposal.

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.

B. If confidential information is included in response, a redacted copy must be provided separately in Section

6.

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 2025, 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 Job Order Contracting Services in Dorchester County; 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;

WHEREAS, the Dorchester County Director of Purchasing Services Divison has recommended that a contract for aforesaid construction be entered into with 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:

ARTICLE 1

DOCUMENTS INCORPORATED BY REFERENCE

This contract includes the documents for the Job Order Contract, specifically identified as the following:

Exhibit A: Request for Proposal (RFP) No. #2026-XX, including the JOC Supplemental Conditions, other attachments, and all addenda

Exhibit B: Construction Task Catalog® and Technical Specifications

Exhibit C: Contractor’s Insurance Certificate(s) and Endorsement(s)

Exhibit D: Contractor’s Proposal and Submittals dated

All of which are hereby incorporated herein by reference and made a part hereof (hereinafter collectively referred to as the “Contract Documents”). Job Orders issued hereafter including all related documentation including, but not limited to, the Detailed Scope of Work, Job Order Proposal, Supplemental Job Order, Construction Change Directives, a Direction for a Minor Modification in the work issued by the County, and any other amendments or modifications executed by the County and the

Contractor shall become and be a part of 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. The JOC Supplemental Conditions (Section G) shall take precedence.

B. As between the Contract and the Contract Documents or any other document to include, but not limited to, the plans or specifications, the Contract shall govern.

C. In the event of any conflict, discrepancy, or inconsistency among any of the other Contract Documents, the Contractor shall notify the County immediately upon discovery of same, and the County will notify the Contractor of the resolution.

D. 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.

ARTICLE 2

DEFINITIONS

1. Application for Payment: the Contractor’s certified request for payment for completed portions of the Work and for materials or equipment suitably stored pending their incorporation into the Work;

interchangeable with Payment Request

2. Architect/Engineer: the Architect/Engineer for the Work is identified in the Job Order; unless otherwise directed by the County in writing, the Architect/Engineer will perform those duties and discharge those responsibilities, if any, allocated to the Architect/Engineer in this Contract.

3. Change Order: a bilateral amendment to the Contract signed by the County, the Architect and the

Contractor authorizing a change in the Contract Documents.

4. Construction Change Directives: a written order prepared by the County directing a change in the

Work stating a proposed basis for adjustment, if any, in the Job Order Price or Job Order Completion

Time

5. Job Order Price: The value of the approved Price Proposal and the amount the Contractor will be paid for completing the Detailed Scope of Work within the Job Order Completion Time.

6. Job Order Completion Time: The time within which the Contractor must complete the Detailed

Scope of Work.

7. Direction for Minor Modification: supplemental instruction given in advance by the County to the

Contractor, which may or may not include a change in the Job Order Price

8. Final Completion: denotes that the Work has been completed in accordance with the terms and conditions of the Contract Documents

9. Final Payment: the last payment made by the County to the Contractor of the entire unpaid balance of the Job Order Price as adjusted by Change Orders and/or modifications

10. Payment Request: used interchangeably with Application for Payment

11. Project: the total construction and/or furniture, furnishings and equipment of which the Work performed under the Contract Documents may be the whole or a part; used interchangeably with

Work in this Contract. A Project consists of one Job Order, or a series of related Job Orders.

12. Project Site: geographic location of the Project, usually defined by legal boundary lines; used interchangeably with the Work Site

13. Schedule of Values: a statement furnished by the Contractor reflecting the portions of the Job Order

Price allocated to the various portions of the Work and used as the basis for reviewing the

Contractor’s Application for Payment

14. Substantial Completion: that point at which, as certified in writing by the Architect / Engineer and approved by the County, the Work, or a designated portion thereof, is sufficiently complete in accordance with the Contract Documents such that the County or its designee can enjoy beneficial use or occupancy and can legally occupy, use or operate it in all respects, for its intended purpose

15. Work: the construction and services required by the Contract Documents, whether completed or partially completed, and including all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations; may constitute a whole or a part of the Project; used interchangeably with Project in this Contract

16. Work Site: the geographic location of the Work; used interchangeably with the Project Site

ARTICLE 3

REPRESENTATIONS OF THE CONTRACTOR

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:

1. The Contractor is fully qualified to act as the general contractor for the Project 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 Project; and

2. The Contractor has become familiar with the Project Site and the local conditions under which the

Project is to be constructed and operated; and

3. The Contractor has received, reviewed and examined all of the Contract Documents, 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 for construction.

ARTICLE 4

INTENT AND INTERPRETATION

With respect to the intent and interpretation of this Contract, the County and the Contractor agree as follows:

1. This Contract (along with its exhibits), together with the Contractor's and surety's performance and payment bonds for the Project constitute the entire and exclusive Contract between the Parties with reference to the Project, and said Contract supersedes any and all prior discussions, communications, representations, understandings, negotiations, or contracts; and

2. Anything that may be required, implied or reasonably inferred by the documents which make up this

Contract, or any one or more of them, shall be provided by the Contractor for the Job Order Price;

and

3. Nothing contained in this Contract shall create, nor be interpreted to create, privity or any other relationship whatsoever between the County and any person except the Contractor; and

4. When a word, term, or phrase is used in this Contract, it shall be interpreted or construed first, as defined herein; second, if not defined, according to its generally accepted meaning in the construction industry; and third, if there is no generally accepted meaning in the construction industry, according to its common and customary usage; and

5. Wherever this Contract calls for “strict” compliance or conformance with the Contract Documents as to matters other than compliance with time limits, providing an updated schedule, and claim and

Change Order procedures, the term shall mean within tolerances as described specifically in the

Contract Documents, or if not specifically described, within industry standards and tolerances for deviation for the specific item or procedure in question; and

6. The words "include", "includes", or "including", as used in this Contract, shall be deemed to be followed by the phrase, "without limitation"; and

7. The listing herein of any items as constituting a material breach of this Contract shall not imply that any other, non listed item will not constitute a material breach of this Contract; and

8. The Contractor shall have a continuing duty to read, examine, review, compare and contrast each of the documents which make up this Contract, shop drawings, and other submittals and shall give written notice to the County of any conflict, ambiguity, error or omission which the Contractor may find with respect to these documents, before proceeding with the affected Work. The express or implied approval by the ADC of any shop drawings or other submittals shall not relieve the

Contractor of the continuing duties imposed hereby, nor shall any such approval be evidence of the

Contractor's compliance with this Contract. The County has prepared a Detailed Scope of Work for the Project, including any plans and specifications for the Project, which are accurate, adequate, consistent, coordinated and sufficient for construction. The Contractor shall not be liable to the

County for damage resulting from errors, inconsistencies or omissions in the Detailed Scope of

Work unless the Contractor recognized, or reasonably should have recognized, such error, inconsistency or omission and knowingly failed to report it to the County. If the Contractor performs any activity knowing it involves an error, inconsistency or omission which was recognized, obvious, or reasonably should have been recognized, without such notice to the County, the Contractor shall assume responsibility for such performance and shall bear the costs for correction.

ARTICLE 5

INDEPENDENT CONTRACTOR

The Contractor is an independent contractor and shall not be deemed the agent or employee of the

County for any purpose whatsoever. The Contractor shall not hold itself out as an employee of the

County, and shall have no power or authority to bind or obligate the County in any manner, except the

County shall make payment to the Contractor for work/services and expenses as herein provided. The

Contractor shall obtain and maintain all licenses and permits required by law for the performance of this

Contract or its employees, agents, and servants. The Contractor shall be liable for and pay all taxes required by local, state or federal governments, including, but not limited, to social security, Workers'

Compensation, employment security, and any other taxes and licenses or insurance premiums required by law. No employee benefits of any kind shall be paid by the County to or for the benefit of the

Contractor or its employees, agents, or servants by reason of this Contract.

ARTICLE 6

OWNERSHIP OF THE DOCUMENTS WHICH MAKE UP THIS CONTRACT

As between the County and the Contractor, the documents which make up this Contract, and each of them, as well as any other documents furnished by the County, shall remain the property of the County.

The Contractor shall have the right to keep one (1) copy of the Contract upon Final Completion of the

Project; provided, however, that in no event shall the Contractor use, or permit to be used, any portion or all of such Contract on other projects without the County's prior written authorization.

ARTICLE 7

CONTRACTOR'S PERFORMANCE

The Contractor shall perform all of the Work required, implied or reasonably inferable from this

Contract including, but not limited to, the following:

1. The Contractor will complete the entire Work described in the Contract Documents, except as specifically identified therein as the Work of other parties, in accordance with the terms herein, including all Exhibits, all as may be amended from time to time; and

2. The furnishing of any and all required surety bonds and Insurance Certificate(s) and Endorsement(s);

3. The provision or furnishing, and prompt payment therefor, of labor, supervision, services, materials, supplies, equipment, fixtures, appliances, facilities, tools, transportation, storage, disposal, power, fuel, heat, light, cooling, or other utilities, required for construction and all necessary building permits and other permits or licenses required for the construction of the Project; and

4. The creation and maintenance of a detailed and comprehensive copy of the Detailed Scope of Work, including any drawings or specifications, Supplemental Job Orders and other modifications depicting all as- built construction. Said items shall be submitted to the County, along with other required submittals upon Final Completion of the Project, and receipt of same by the County shall be a condition precedent to Final Payment to the Contractor. The Contractor shall prepare and submit final as-built drawings to the County.

ARTICLE 8

TIME FOR CONTRACTOR'S PERFORMANCE: DELAYS

1. The Contractor shall commence the performance of this Contract on the date set forth in the Notice to Proceed, issued by the Purchasing Services Manager, and shall diligently continue its performance to and until Final Completion of the project. The Contractor shall complete the Detailed Scope of

Work no more than the number of Calendar Days specified in the Job Order or a Notice to Proceed

(sometimes hereinafter referred to as the “Job Order Completion Time”). By submitting a Job Order

Proposal, the Contractor agrees that the Job Order Completion Time is a reasonable time for accomplishing Detailed Scope of Work. There will be no monetary early completion incentive. The

Contractor shall submit its initial progress schedule in accord with Article 12.

2. The Parties agree it is impossible to determine the actual and consequential damages resulting from

Contractor’s delay in completion of the Work, so a liquidated damages provision is appropriate. The

Parties intend for a sum specified in the table below per day for each and every calendar day the completion of the Work is delayed beyond the Job Order Completion Time to be the predetermined measure of compensation for actual damages for a delay in completion of the Work. The Contractor agrees that if the Work, or any part thereof, is not completed within the time agreed upon in this

Contract or any extension thereof, the Contractor or its sureties shall be liable to the County in the amount specified in the table below for each and every calendar day the completion of the Work is delayed beyond the Job Order Completion Time, as fixed and agreed liquidated damages and not as a penalty; and the County shall have the right to deduct from and retain out of monies which may be then due or which may become due and payable to the Contractor, the amount of such liquidated damages; and if the amount so retained by the County is not sufficient to pay in full such liquidated damages, the Contractor shall pay to the County or its sureties the amount necessary to effect payment in full of such liquidated damages.

Value of Job Order

Liquidated Damages

$0 to $10,000

$100/Day

$10,001 to $50,000

$250/Day

Over $50,000

$500/Day

Liquidated Damages will not be assessed for any adjustment of the Job Order Completion Time for completion of the Work granted in accordance with the provisions of this Contract.

Permitting the Contractor to continue and finish the Work or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, will in no way be deemed a waiver on the part of the County of any of its rights under this Contract.

Additional provisions concerning the Contractor’s liability in certain specific events or circumstances are set forth throughout the Detailed Scope of Work. By submitting a Job Order

Proposal, the Contractor expressly agrees to the terms thereof.

3. If the Contractor fails to achieve Final Completion of all punch list items within thirty (30) Calendar

Days of the date of Substantial Completion, the County reserves the right to contract with other parties to complete the Work, or to use other forces, utilizing funds retained or collected under this

Contract as set forth in Article 9 below. This Article is not limited by the terms of Article 11 below;

and

In addition to other remedies of the County, actual damages may be withheld or collected for failure to meet the date for Final Completion, as set forth in Article 8, Item B above.

4. Partial use or occupancy of the Project shall not result in the Project being deemed substantially complete, and such…