Park_Master_Plan_&_Professional_Services.pdf

RFQ #26012

Greenville County Issue Date: August 1, 2025

Procurement Services Division Opening Date: August 29, 2025

PARK MASTER PLAN & PROFESSIONAL

SERVICES

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Robert Brewer, NIGP-CPP, CPPO, CPPB

Procurement Services Division Director https://secure.procurenow.com/portal/%7bproject.government.code%7d

Greenville County

Park Master Plan & Professional Services

I. Public Notice II. Introduction

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

VI. Insurance VII. Evaluation Phases

VIII. Terms and Conditions IX. Sample Contract X. Vendor Questionnaire

Attachments:

A - Sample Services Agreement

B - COG Sub W9

C - Presentation1

D - Clean_aerial

Title: Park Master Plan & Professional Services

1. Public Notice

Greenville County is soliciting sealed qualifications in response to Park Master Plan & Professional

Services, subject to the conditions and all provisions set forth herein and attached. Sealed qualifications will be received through the County’s online procurement portal located at https://procurement.opengov.com/portal/greenvillecounty until Friday, August 29, 2025, 3:00 pm, then publicly opened. The service must be furnished as described and specified herein and submitted to

Greenville County.

All inquiries regarding this Request for Qualifications shall be submitted via the County’s online procurement Portal, located at https://procurement.opengov.com/portal/greenvillecounty. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the County’s online procurement Portal. Offerors may also click “Follow” on this proposal to receive an email notification when answers are posted. It is the responsibility of the Offeror to check the website for answers to inquiries no later than Tuesday, August 19, 2025, 2:00 pm EDT.

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

2. Introduction

2.1. Summary

The purpose of the Oakland Park Master Plan & Professional Services project is to develop a vision for 52 acres of publicly owned property at 259 Adams Mill Road, Simpsonville, SC 29680. Known as Oakland

Plantation since the 1820’s, and more recently the Hollingsworth YMCA Outdoor Center, the property was purchased by the Upstate Preservation Trust in 2023 and transferred to the County of Greenville, South Carolina for park development and preservation. The land acquisition was funded by the SC

Conservation Bank and the Greenville County Natural & Historic Land Trust. Development of the park will be guided by the master plan and construction drawings proposed in this scope of work.

Greenville County Parks, Recreation & Tourism maintains the property and is responsible for master planning and development of county owned and operated parks and facilities. Upstate Preservation

Trust entered into a Memorandum of Understanding with the County of Greenville for historic preservation and rehabilitation of the 4-acre parcel with homestead and ten outbuildings. Greenville

County Rec will solicit public participation, site analysis, park design, and construction documents for eventual implementation of the park property. Greenville County TMS# 0548010102801 &

0548010102800.

2.2. Contact Information

Anthony Dawson

Buyer

301 University Ridge, Suite N-2400

Greenville, SC 29601

Email: adawson@greenvillecounty.org

Phone: (864) 467-4954

Department:

PARKS ADMINISTRATION

2.3. Timeline

Release Project Date August 1, 2025

Question Submission Deadline August 19, 2025, 2:00pm

Qualifications Submission Deadline August 29, 2025, 3:00pm

Review of Proposals September 8, 2025 mailto:adawson@greenvillecounty.org tel:(864)467-4954

Tentative Date of Award September 8, 2025

Contract Negotiations September 19, 2025

Issue Notice to Proceed September 19, 2025

3. Scope of Work

3.1. Anticipated Project Schedule

Anticipated Award Date - September 2025

Project Begins - October 2025

Public Participation - November/December 2025; February/March 2026

Project Deliverables - June 2026

Negotiate Phase Two Construction Documents - July 2026

Phase Two Deliverables - December 2026

3.2. PHASE ONE: MASTER PLAN DEVELOPMENT

Public Participation

Public participation is key to the success of the future park project. Citizens and stakeholders will have the opportunity to inform the process through online and in-person input. The master plan consultant will work with Greenville County to prepare:

• One comprehensive online survey capable of multiple, ranked questions to determine community priorities and design elements.

• Two in-person public drop-in meetings to introduce the project, gain public input, and present potential design elements.

• Meeting spaces will be coordinated by the County.

• All materials to be provided by consultant.

Background Information & Data

The purpose of the background information and data collection is to orient the master site plan to the community, the overall park system, and generally how Oakland Park fits into that system. The consultant will include these general components:

• A brief introduction of Greenville County, the population, size, character, and geographic location. The County completed a comprehensive plan in 2020 and seeks to use this document as a guide for future development. The plan consultant should review this document.

• A brief introduction to the natural, historical, and cultural features existing at the

Oakland Plantation site will be provided by the County.

• A brief introduction of the local and regional park and open space system including nearby recreational features and how they are used (primarily active, passive or mixture, primarily neighborhood, community, or regional park oriented; private offerings, etc.)

• Description of existing community planning efforts including the ongoing Open Space

Plan and Five Forks Area plan to be provided by Greenville County.

• Description of the public participation process including techniques used, key participants, level of participation, schedule of meetings, etc.

Site Information & Analysis

Specific site information must be gathered and reported to establish a basis for the planned use of the sites. Site information must be analyzed to determine workable parameters for the proposed uses and facilities for the sites. A Phase 1 ESA was completed in 2024 and will be available to consultant as well as all documented information owned by the County. As such, this section should include:

Brief introduction to and general description of the physical, natural, and cultural resources will include:

• Acreage

• Deed Restrictions, Easements, and rights-of-way that limit use (provided on certificate of title)

• Environmental Issues

• Floodplains

• Historic features

• Location

• Site Access

• Stormwater drainage features

• Surrounding land uses

• Topographic features

• Vegetation (both native and nonnative species present)

• Wetlands

• Zoning

Analysis and description of how the physical features of the site, impact the potential use and development of the site including:

• The advantages of the site for certain uses

• The disadvantages of the site for certain uses

• Areas that may not be suitable for public use

• Areas that need special environmental protection and/or mitigation

• Areas that should be protected because they are natural drainage courses

• Other use limiting aspects of the site (i.e.: access, adjacent uses, existing uses, etc.)

On Site Analysis Meeting

• Early in the master plan process, and as part of the site analysis, the consultant team and county representatives will walk the project site to ensure that all know and understand existing conditions and potential opportunities.

Public Input Analysis

The purpose of this analysis is to provide an opportunity for public feedback on the use of the property.

• Develop an online survey that utilizes a series of multiple choice, open-ended, priority-based questions.

• Host a minimum of two in-person community meetings to solicit public feedback.

Should more public meetings with consultants present become necessary, please provide a cost per meeting. in addition to the two minimum meetings included in the base package.

• Analyze and summarize public feedback and incorporate into the planning process in coordination with county staff.

Activities & Facility Analysis

The purpose of this analysis is to determine the proposed uses for this site, and the type, size and standards for facilities to be developed based on the public participation process, community needs, and site analysis.

• Provide a description and prioritization of the community needs and uses for the site as identified by the public participation process, previous planning work and, if applicable, needs assessment.

• List the recreational, conservation, and public uses and facilities proposed to be developed, maintained, or enhanced on the site and to be included on the site plan drawing.

• Describe the proposed preservation of open space, natural areas, and buffers on the site.

• Describe the proposed active recreation opportunities proposed.

• Describe the proposed passive recreation opportunities proposed.

• List the support facilities required for the proposed recreational, conservation and public uses. Depending on the site and proposed uses, support facilities would normally include roads, parking, access paths, comfort facilities, maintenance facilities, storm water management system and structures, utility installations, signage, site furniture, ADA compliance, etc.

• For parking facilities include an analysis of the required number of parking spaces based on the proposed uses and facilities, and accepted or required standards for parking spaces. Indicate by name the accepted or required standards used to calculate the number of parking spaces proposed. Further, distinguish between on street and off-street spaces and provide a description including size, type and location of any overflow parking accommodations, and ADA compliance.

Plan Narrative Report

All aspects of the planning process and the final master plan (i.e., all work elements set forth above) must be presented in a narrative planning report that includes the following items and is organized as follows:

• A brief executive summary setting forth the key aspects of the planning process and the final Plan.

• Summary of the public participation process.

• Summary of background information and data.

• Summary of Public Input Analysis.

• Site Information and Analysis.

• Activities and Facilities Analysis.

• Summary discussion of important design considerations.

• Presentation of high level cost estimates. Detailed cost estimates will be conducted in

Phase Two.

• Discussion of other considerations and recommendations that the community should be aware of in proceeding to construct the improvements proposed by the master plan.

Final Master Plan Conceptual Site Plan

The final master plan shall include a conceptual site plan document or map, in color, and all related art files and documents. Electronic copies and print copies of various sizes to include one poster board for future presentations.

3.3. PHASE TWO - CONSTRUCTION DOCUMENTS

Upon the successful completion of the Master Plan, the County desires the consultant to provide 100% construction documents and Construction Cost Estimates to implement the plan for park development.

This is to include stamped and sealed drawings, permitting by all relevant local authorities, and construction administration as necessary. Greenville County will be responsible for soliciting the construction project.

4. Instructions to Offerors

4.1. Pre-Qualifications Meeting

A Pre-Qualifications meeting is not scheduled for this project.

4.2. Pricing

Costs will be negotiated after an Intent to Award is issued by the County.

4.3. Statement of Qualifications

Vendor shall include the following with their response:

1. Overview of company background.

2. Corporate/individual qualifications and experiences, including certifications.

3. List of at least three (3) references including names, addresses, and telephone numbers of current or previous customers. Vendor should include any South Carolina governmental entity reference.

4. Project team qualifications and key personnel resumes.

5. Demonstrated capabilities and past performance on comparable park master planning projects, preferably including experience with subsequent construction documentation phases.

4.4. Submission Procedures and Requirements

A. All submissions must be received by Friday, August 29, 2025 at 3:00 pm. Submissions will not be accepted after the deadline. There will be no exceptions. Responders submitting proposals shall be responsible for all cost of preparing such proposals.

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

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

D. PROPOSAL ORGANIZATION & CONTENT

Submit proposals organized in the following sections:Section A: Firm Qualifications &

ExperienceCompany overview and relevant certifications

3-5 most relevant park master plan projects

Specialized experience with historic sites and public engagement. Years in business and financial stabilitySection B: Project Team & Key PersonnelProject organizational chart

Resumes for Project Manager, Lead Landscape Architect, Public Engagement Specialist

Team availability and local presenceSection C: Performance & CapabilitiesDemonstrated ability to manage complex public projects

Experience with community engagement and stakeholder coordination

Technical capabilities (GIS, 3D modeling, environmental analysis, etc.)

Project delivery track record (on-time, on-budget performance)Section D: References4-5 references from park master planning projects

Include client contact, project scope, timeline, and performance metrics

E. This RFQ selects a qualified consultant to provide professional services for the Oakland Park

Master Plan project.

4.5. Inquiries and Addenda

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

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

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

(5) working days prior to the date for receipt for proposals except an addendum which, if necessary, postpones the date for receipt of proposals or cancels this RFQ. Vendors shall acknowledge receipt of all addenda

5. General Information

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

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

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

B. Errors and Omissions – The Responder will not be allowed to take advantage of any errors or omissions in the Request for Qualifications. Where errors or omissions appear in the RFQ, the

Responder shall promptly notify the County of Greenville in writing of such error or omission it discovers. Any significant error, omission and/or inconsistency in the specifications are to be reported as soon as possible but no later than five (5) days before such time the response is to be submitted.

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

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

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

6. Insurance

6.1. Insurance Requirements

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

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

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

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

“Additional Insured” provision.

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

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

County's RFQ #26012.

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

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

1. Comprehensive General Liability:

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

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

2. Automobile Liability:

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

3. Statutory Worker's Compensation:

a. Coverage A - State of SC

b. Coverage B - Employers liability

i. $1,000,000 Each Accident

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

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

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

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

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

7. Evaluation Phases

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

No. Evaluation Criteria Scoring Method Weight (Points)

1. Responsiveness to RFQ Points Based 5 (20% of Total)

2. Experience with Projects of similar scope and size Points Based 5

(20% of Total)

3. Relevant Experience and Results Points Based 5 (20% of Total)

4. Team Qualifications and Key Personnel Points Based 5 (20% of Total)

5. Past Performance and Capabilities Points Based 5 (20% of Total)

8. Terms and Conditions

8.1. Safety, Health, and Security

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

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

8.2. Response Opening and Award:

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

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

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

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

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

8.3. Rights Reserved by Greenville County:

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

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

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

8.4. Responders Qualification:

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

8.5. Responders Responsibility:

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

8.6. References:

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

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

8.7. Waiver:

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

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

8.8. Rejection:

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

8.9. Response Signature and Solicitation Alterations:

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

8.10. Specification Changes, Additions and Deletions:

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

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

8.11. Response Changes:

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

8.12. Response Price:

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

8.13. Federal, State and Local Laws:

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

8.14. Tie Bids:

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

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

8.15. Deduction and Holdbacks:

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

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

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

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

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

8.16. Evaluation Criteria:

The qualifications will be evaluated using the criteria listed in the Evaluation Phases included in this RFQ.

Greenville County reserves the right to interview responders or ask for demonstrations to this RFQ at its discretion. Greenville County will not be responsible for any costs associated with interviews of responders or demonstrations.

8.17. Quality:

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

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

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

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

8.19. Default:

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

8.20. Termination for Cause:

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

8.21. Termination for Convenience:

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

8.22. Non-Appropriation:

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

https://secure.procurenow.com/portal/greenvillecounty/projects/186333/document?section=1723298

8.23. Incorporation of Proposal into Contract:

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

8.24. S.C. Law Clause:

Upon award of contract under this response, the person, partnership, association or corporation to whom the award is made must comply with the laws of South Carolina which require such person or entity to be authorized and/or licensed to do business with this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful bidder from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed response, the responder understands and agrees to be bound to the jurisdiction and process of the courts of the State of South Carolina, as to all matters and conflicts or future conflicts under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the

State.

8.25. Illegal Immigration Reform Act Compliance:

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

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

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

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

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

8.26. Assignment Clause:

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

8.27. Indemnification:

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

8.28. Deviations from Specifications:

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

8.29. Minor Deviations:

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

8.30. Contractor License Requirement:

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

8.31. Conflict of Interest Statement:

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

8.32. Contracts:

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

8.33. Contractor Liability:

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

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

8.34. Sub-Contracting:

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

8.35. Non-Collusion:

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

8.36. Prohibition of Gratuities:

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

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

8.37. Publicity Releases:

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

8.38. Public Record:

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

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

Freedom of Information Act and may be deemed public records.

8.39. Precedence:

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

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

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

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

8.41. Americans with Disabilities Act -

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

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

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

8.42. Asbestos Management Plan:

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

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

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

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

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

C. Provide proper licenses, permits, and certifications

D. Comply with all federal, state and local regulations

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

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

9. Sample Contract

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

A sample contract is attached for review in the Attachments Section. This sample consists of the

County's minimum terms and conditions. Responders must review the solicitation for any other terms and conditions that may be added for this project, such as insurance requirements, payment schedule, contract term, etc. Any exceptions by the responder must be included with the uploaded response.

10. Vendor Questionnaire

10.1. Illegal Immigration Reform Act Compliance*

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

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

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

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

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

☐ Please confirm

*Response required

10.2. S.C. Law Clause*

Upon award of contract under this response, the person, partnership, association or corporation to whom the award is made must comply with the laws of South Carolina which require such person or entity to be authorized and/or licensed to do business with this State. Notwithstanding the fact that applicable statutes may exempt or exclude the successful bidder from requirements that it be authorized and/or licensed to do business in this State, by submission of this signed response, the responder understands and agrees to be bound to the jurisdiction and process of the courts of the State of South Carolina, as to all matters and conflicts or future conflicts under the contract and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the

State.

☐ Please confirm

*Response required

10.3. Conflict of Interest Statement*

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

☐ Please confirm

*Response required

10.4. Non-Collusion*

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

☐ Please confirm

*Response required

10.5. Compliance With Prison Rape Elimination Act (PREA)*

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

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

☐ Please confirm

*Response required

10.6. County of Greenville Substitute W9 Form*

Please upload your COG Substitute W-9 form found in the Attachments Section.

*Response required

10.7. Qualifications Upload*

Vendors shall upload their qualification information according to the RFQ

*Response required

10.8. Acknowledgement and Acceptance of Terms and Conditions of the Solicitation*

Explanatory Note: The purpose of this question is to confirm the responder’s or offeror’s acknowledgement and acceptance of the terms and conditions of the Solicitation, subject to any exceptions, deviations or modifications to terms or conditions that are expressly requested in the following or that have been requested and approved prior to submission of the Offer. All exceptions, deviations or modifications to the Solicitation, regardless of whether the County approved such items prior to submission of the Offer, must be clearly set forth in this question.

A response of "No"…