Pressure_Washing_and_Window_Cleaning.pdf

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

INVITATION FOR BID

No. 2025-38

Pressure Washing and Window Cleaning

Publish Date May 8, 2025

Last Day for Questions May 20, 2025, 5:00pm

Bid Opening May 30, 2025, 2:00pm

Table Of Contents

1. SECTION ONE

1.1. Specifications

2. SECTION TWO: SPECIAL INSTRUCTIONS AND SOLICITATION-SPECIFICATIONS

2.1. Written Questions Deadline

2.2. Bid Submittal Process

2.3. Bid Submittal Deadline

2.4. Term of Agreement

2.5. Payment to Contractor

2.6. Shipping

2.7. Permits and Licenses

2.8. Security Required

2.9. Additional Information

3. SECTION THREE: TERMS AND CONDITIONS

3.1. Preparation, Submission and Withdrawal of Proposals

3.2. Non-Collusion Oath

3.3. Bidder Representations

3.4. Award of Contract

3.5. Notice of Award of Contract

3.6. Contract Document

3.7. Inspections and Testing

3.8. Modification

3.9. Notice to Proceed

3.10. Bidder's Qualifications

3.11. Subcontractors

3.12. Indemnification

3.13. Termination

3.14. State and Local Taxes

3.15. Drug-Free Workplace Act

3.16. Insurance Requirements

3.17. Utilization by Other Public Agencies Clause

3.18. All County Departments Eligible to Purchase

3.19. Confidential Information

3.20. Intellectual Property

3.21. Federal Terms and Conditions

4. SECTION FOUR: SAMPLE CONTRACT

4.1. Sample Contract

5. SECTION FIVE: ATTACHMENTS, REQUIRED FORMS AND INFORMATION

5.1. Bid Proposal

5.2. Vendor Questionnaire

5.3. Attachments and Exhibits

1. SECTION ONE

1.1. Specifications

1.1.1. Scope of Work

Contractor to perform commercial pressure washing during normal working hours complying with all terms, conditions and schedule listed in this solicitation at various County facilities, as described herein.

Pressure washing shall include horizontal and vertical surfaces such as walls, doors, soffits, fascia, trim, and window frames. All mold, mildew, dirt, and foreign material must be removed without damaging surfaces.

A. Buildings, Locations, and Square FootageBuildingLocationSquare FootageKFW Building201 Johnston St., St.

George, SC 2947761,000Human Services Building500 North Main Street, Summerville, SC 2948335,350St. George

Courthouse5200 East Jim Bilton Blvd, St. George, SC 2947749,280Office Annex101 Ridge Street, St. George, SC

2947737,500Summerville Airport890 Greyback Road, Summerville, SC 294834,850Alcohol & Drug320 Midland

Parkway, Summerville, SC 2948311,000Emergency Operations center212 Deming Way, Summerville, SC

2948326,650Water & Sewer Headquarters235 Deming way, Summerville, SC 2948357,700

B. Window cleaning shall include exterior surfaces, where applicable, ensuring a streak-free and clear finish.

C. Contractor must use soft-wash techniques where high pressure may cause damage and shall use appropriate lifts, scaffolding, and safety harnesses.

D. Contractor is responsible for protecting landscaping, signage, and fixtures adjacent to the buildings.

E. Contractor shall coordinate with the County Facilities Director or his delegate for scheduling access, water usage, and traffic rerouting, if necessary.

F. All cleaning agents and chemicals must be pre-approved and MSDS provided.

G. Contractor shall be responsible for any damage caused during the work.

H. All work areas shall be left clean and free of debris upon completion.

I. Examination of Work Sites: Contractors are strongly encouraged to visit each site prior to submitting a bid to become familiar with conditions.

J. Work must be completed within Thirty (30) Calendar Days.

1.1.2. Materials

A. Fitting Job Conditions: Contractor and job material suppliers shall be responsible for inspecting and ensuring that the item concerned will properly work for the job involved.

B. A list and schedule containing the names, quantities, and manufacturers of all equipment and materials used in the performance of this contract shall be submitted by the contractor to the Facility Director or delegate for his approval prior to performing any work. MSDS sheets must be provided for all materials being used.

C. Contractor must have ample cleaning supplies and equipment. At no time shall the contractor use the County's supplies or equipment.

D. Contractor may be required to provide a list of chemicals to be used upon request prior to the award in accordance with the requirements of this solicitation.

1.1.3. Details That Apply to All Work Areas

A. All work shall be performed to comply with all state and local building codes.

B. Contractor to maintain clean work areas at all times, remove and dispose of all demolished materials and construction debris.

C. Parking will be made available for the Contractor by the Owner and the Contractor shall coordinate all parking with the

Owner prior to the beginning of work.

D. Contractor shall coordinate inspections as work is completed with the Owner as required.

E. Upon completion of work, all construction areas shall be left clean and free from debris.

1.1.4. Owner Responsibilities

A. Provide access to the worksite during normal business hours.

B. Provide a staging area for project-related materials.

C. Owner shall be responsible for re-routing pedestrian traffic as necessary.

1.1.5. Examination of Specifications

Contractors are required to determine the amount of surface area to be cleaned. Each contractor shall carefully examine the specifications and all addenda or other revisions and thoroughly familiarize himself with the detailed requirements prior to submitting a bid. If any bidder is in doubt as to the true meaning of any part of the specifications, or other documents, or if any error, discrepancy, conflict, or omission is noted, contractor should contact the Purchasing Services Manager indicated on cover page of this solicitation by e-mail of any questions at RDantzler@DorchesterCountySC.gov by May 20, 2025 at 5:00 PM.

Purchasing Services Manager will clarify the intent of the document and/or correct such error, discrepancy, conflict, or omission and will notify all bidders by an amendment to the solicitation. No allowance will be made after bids are opened.

1.1.6. Examination of Other Conditions Affecting the Work

Contractor shall examine and thoroughly familiarize himself with all existing conditions including all applicable laws, ordinances, rules, and regulations that will affect his work, prior to submitting a bid. It is the responsibility of the contractor to ascertain by any reasonable means all conditions that will in any manner affect his work. Contractor shall contact the

Purchasing Services Manager for any additional information that he deems necessary for him to be fully informed as to exactly what is to be expected, prior to submitting a bid. This, however, shall not relieve the Contractor of the necessity for fully informing himself as to existing physical conditions.

1.1.7. Acceptance of Work

Upon completion of pressure washing at each site, Contractor shall inform the Facilities Director or delegate that the site has been complete and is ready for inspection. Inspection will be within 24 hours of completion unless it’s completed on a Friday, which would be inspected the following Monday. Upon acceptance of work, Contractor shall invoice the County.

2. SECTION TWO: SPECIAL INSTRUCTIONS AND SOLICITATION-SPECIFICATIONS

2.1. Written Questions Deadline

The last day and time for submittal of written questions shall be no later than Tuesday, May 20, 2025 at 5:00 pm.

2.2. Bid Submittal Process

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

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

Bidders may also mail or hand-deliver their bids as described in Section Three, section "Preparation, Submission and

Withdrawal of Bids".

2.3. Bid Submittal Deadline

mailto:RDantzler@DorchesterCountySC.gov

Bids will be received until Friday, May 30, 2025 at 2:00 pm, after which time they will be publicly read. Late bids will not be accepted. Bidders are invited to attend the opening of this bid at the time stated above.

2.4. Term of Agreement

Work must be completed within 30 calendar days of Notice to Proceed.

2.5. Payment to Contractor

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

2.6. Shipping

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

2.7. Permits and Licenses

The successful Bidder 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.

2.8. Security Required

2.8.1. Bid Security

Any bid over $25,000 must be accompanied by a bid bond acceptable to the County. Bid bonds must be issued by a corporate surety registered and authorized to do business in the State of South Carolina. Bid bonds shall be payable to the

County, shall be for at least five (5%) percent of the total amount of the bid, and shall serve as a guarantee deposit that the bid will be carried out to the complete satisfaction of the County. In lieu of a bond, Bidder may submit a certified check or cashier’s check in aforesaid amount payable in U.S. funds. Check must be hand-delivered or mailed to the Purchasing

Office at 201 Johnston Street, St. George, SC 29477 by the bid deadline.

2.8.2. Forfeiture of Bid Security

Nonperformance by the successful Bidder, or its failure to execute the Contract and meet performance and payment bond requirements and insurance requirements within Five (5) Business Days after issuance of Notice of Award, shall result in its bid security being forfeited as liquidated damages, and the Notice of Award and Contract will be rescinded and awarded to another

Bidder. Withdrawal of a bid after the opening date and time but prior to final award after the opening date, may also result in forfeiture of bid security.

2.8.3. Return of Bid Security

Bid security will be returned to all bidders after the successful Bidder has executed the Contract and delivered all required bonds and insurance certificates and endorsements. Bidders will not be entitled to any interest earnings on returned funds, and in the case of bid security by check, such will be returned to bidder.

2.8.4. Payment and Performance Security

The successful Bidder shall provide performance and payment bonds, in a form satisfactory to the County, in the following amounts:

Payment Bond: 100% of the total amount of the Contract.

Performance Bond: 100% of the total amount of the Contract.

The aforesaid payment and performance bonds must be issued by a corporate surety, registered and authorized to do business in South Carolina, and must be counter-signed by a licensed, authorized South Carolina agent.

Attorneys-in-fact who sign bid bonds or performance bonds must file with each bond a certified and effective, dated copy of their power of attorney.

2.9. Additional Information

Questions or clarifications concerning this invitation should be requested through OpenGov's e-Procurement portal at https://procurement.opengov.com/portal/dorchestercountysc. You may also email Rebecca Dantzler at

RDantzler@DorchesterCountySC.gov.

3. SECTION THREE: TERMS AND CONDITIONS

3.1. Preparation, Submission and Withdrawal of Proposals

A. Bids must be submitted on the forms furnished or copies thereof and may be manually or electronically signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid.

B. Bids may be electronically submitted via the Vendor Registry website; however, Dorchester County is not responsible if bids are not received due to website errors.

C. If bid is submitted electronically, bid security may be scanned in electronically. If the bid bond is scanned electronically, a physical copy of the bid bond may also be required to be mailed or hand-delivered after bid submission, at the discretion of the Purchasing Services Manager.

D. Mailed or hand-delivered bids 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 bid shall be marked on the outside with the Bidder's complete name, address, bid number, description of services requested by IFB (i.e., Elevator Maintenance, Road Construction), along with the due date and time. Failure to do so may result in premature opening of, or a failure to open, such bid.

E. Bids submitted after the “Opening” date and time are considered “Late Bids,” and will not be opened or considered.

F. Bids may be withdrawn by written request received from the Bidder prior to the time set for opening of bid, but not thereafter.

G. Bidders 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 IFB documents or the project premises and local conditions.

H. Bidders requiring clarification or interpretation of the IFB 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.

I. Any interpretation, correction or change of the IFB documents will be made by addendum. It is your responsibility to monitor the Purchasing Services website by selecting Bid Opportunities at www.dorchestercountysc.gov/purchasing for any additional information, revisions, or addenda that may be posted.

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

K. Failure to submit a bid on the form requested or inclusion of any alternates, unit prices, conditions, limitations or provisions not called for, will render the bid irregular; and shall be considered sufficient cause for rejection of a bid. Failure to complete entries in all blanks on the Bid Form shall be considered cause for rejection of a bid.

http://www.dorchestercountysc.gov/purchasing

3.2. Non-Collusion Oath

A. Every bid must be accompanied by a notarized affidavit of non-collusion, executed by the Bidder or in the case of a corporation, by a duly authorized representative of said corporation. The Non-Collusion Oath is provided herein.

3.3. Bidder Representations

A. Each Bidder by submitting a bid represents that:

1. The Bidder has read and understands this IFB (including all specifications and attachments) and that their bid is made in accordance therewith.

2. The Bidder has reviewed the IFB, 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 bid is based on the terms, materials, systems and equipment required by this IFB, without exception.

4. The Bidder is qualified to provide the services and equipment required under this IFB and, if awarded the

Contract, will do so in a professional, timely manner using Bidder's best skill and attention.

3.4. Award of Contract

A. Award of Contract will be made to the lowest responsive and responsible bidder(s) whose bid, conforming to the

IFB, 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 Bidder, beginning with the Lowest Responsible Bidder.

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

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

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.

3.5. Notice of Award of Contract

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

B. The successful Bidder 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.

3.6. Contract Document

http://www.dorchestercountysc.gov/purchasing

A. The successful Bidder 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 Bidder, 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 bid opening.

C. Because the signed contract will be substantively and substantially derived from the Sample Contract, Bidder 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 bid. Again, the Sample Contract, contains important legal provisions and is considered part and parcel of this IFB.

D. Bidders 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.

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 bidder to forfeit their bid security, and for the County to award the Contract to another Bidder.

3.7. Inspections and Testing

A. Unless otherwise specified, Geotechnical and Special Inspection testing and SWPPP inspections / monitoring shall be by the Owner’s third-party agent and are not part of the Contract Sum. Inspections and tests not explicitly assigned to Owner are Contractor’s responsibility. Costs for retesting and reinspection construction that replaces or is necessitate by work that failed to comply with the Contract Documents will be charged to Contractor, and the Contract Sum will be adjusted by Change Order.

3.8. Modification

A. The County has defined this section in the Attachments, Required Forms and Information

3.9. Notice to Proceed

A. A Notice to Proceed will be issued after the successful Bidder 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 Bidder shall not deliver any equipment to the work site or commence work until the successful

Bidder has received a written Notice to Proceed from the Purchasing Services Manager.

3.10. Bidder's Qualifications

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

3.11. Subcontractors

A. If any subcontractors will be used for this project, the successful Bidder shall provide to the Purchasing Services

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

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

Services Manager.

C. The successful Bidder shall be responsible for all services performed by a subcontractor as though they had been performed by the successful Bidder. 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 Bidder accordingly, and the successful Bidder shall take immediate steps for cancellation of the subcontract and replacement.

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

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

3.12. Indemnification

A. The County has defined this section in the Sample Contract under Section Twenty-Three.

3.13. Termination

A. The County has defined this section in the Sample Contract under Section Twenty-Two.

3.14. State and Local Taxes

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

B. The successful Bidder 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 Bidder 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 Bidder 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 Bidder’s failure to pay any tax of any type due in connection with this Contract.

D. The successful Bidder 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.

3.15. Drug-Free Workplace Act

A. By submitting an offer, Bidder certifies that, if awarded a contract, Bidder 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.

3.16. Insurance Requirements

The successful bidder 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 bidder, 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 bidder for the duration of the contract period; for occurrence policies.

3.16.1. 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

3.16.2. Automobile Liability

A. Coverage sufficient to cover all vehicles owned, used, or hired by the bidder, 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

3.16.3. Workers' Compensation

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

3.16.4. 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 bid total exceeds $1,000,000.

3.16.5. Professional Liability

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

3.16.6. 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 bidder 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 bidder 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 bidder 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.

3.17. 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. 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 17.1 on third-party platforms.

3.18. 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.

3.19. Confidential Information

A. Bidders 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 bid package by the County the submittal shall become the property of the County without compensation to the bidder, for disposition or usage by the County at its discretion. The details of the bid documents will remain confidential until final award, except for sections that are marked “confidential” as explained above and except as required by law.

3.20. Intellectual Property

A. Any information, data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the bidder 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 bidder.

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.

3.21. Federal Terms and Conditions

The following terms and conditions are included in any contract entered into the with Successful Proposer related to the services set forth in this RFP.

A. Access to Records. The following access to records requirements applies to the Contract in addition to any requirements that may be elsewhere imposed:

1. Consultant agrees to provide County, the Comptroller General of the United States, or any of their authorized representatives or designees, access to any books, documents papers, and records of Consultant which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Consultant shall keep its books documents, papers, and records available for this purpose for at least five years after this Agreement terminates or expires or such longer time as requested by County at any time prior to the expiration of the then applicable time frame. This provision does not limit the applicable statute of limitations.

2. Consultant agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

3. Consultant agrees to provide any of the foregoing parties access to construction or other work sites pertaining to the work being completed under this Agreement, if applicable.

4. Consultant shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Consultant does not transfer the records to County or any authorized or designated federal representative.

B. Environmental Compliance.

1. Consultant shall comply with all applicable standard, orders, or regulations issued pursuant to the Clean Air

Act (42 U.S.C. § 1701 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq.).

2. Consultant shall report all violations to County, any applicable State agencies, and the regional office of the

Environmental Protection Agency.

3. Consultant shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.

4. Consultant shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation

Act (42 U.S.C. § 6201 et seq.).

C. Contract Work Hours and Safety Standards Act.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (a) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and any subcontractor responsible therefor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such

District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (a) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (a) of this Section.

3. Withholding for unpaid wages and liquidated damages. The applicable federal funding agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b) of this Section.

4. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in

Paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with clauses set forth in Paragraphs (a) through (c) of this Section.

D. Equal Employment Opportunity. This provision is applicable to all federally assisted construction contracts, as that term is defined at 41 C.F.R. § 60-1.3. To the extent the Agreement meets this definition, Consultant agrees as follows:

1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the

Contractor’s legal duty to furnish information.

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

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

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

7. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The Contractor will include provisions in Paragraphs (a) through (g) set forth in this subsection in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish he administering agency and the Secretary of Labor such information as they may require for the supervision of such compliances, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract medication subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has no demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertaking the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee);

refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

E. Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus Area Firms.

1. If Consultant intends to subcontract any portion of the work covered by the Agreement, Consultant must take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprises and labor surplus area firms are solicited and used when possible. Affirmative steps must include:

a. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

b. Assuring that small and minority businesses, and women’s business enterprises, are solicited whenever they are potential sources;

c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and

e. Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce.

F. Immigration and Nationality Act

1. Consultant agrees to comply with the terms of the employment provisions contained in 8 U.S.C. Section

1324A(e), Section 274A(e) of the Immigration and Nationality Act.

G. Administrative Remedies for False Claims and Statements

1. Consultant acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and

Statements) applies to Consultant’s actions pertaining to this Agreement.

H. Remedies

1. If any work performed and/or good delivered by Consultant fails to meet the requirements of the Agreement, any other applicable standards, codes or laws, or otherwise breaches the terms of the Agreement, the County may in its sole discretion:

a. Elect to have Consultant re-perform or cause to be re-performed, at Consultant’s sole expense, any of the work which failed to meet the requirements of the Agreement;

b. In the case of goods, reject the goods and require Consultant to provide replacement goods that meet the needs of County and the terms of the Agreement;

c. Hire another Contractor to perform the work and deduct any additional costs incurred by County as a result of substituting contractors from any amounts due to Consultant; or

d. Pursue and obtain any and all other available legal or equitable remedies.

2. This Section shall in no way be interpreted to limit the County’s right to pursue and obtain any and all other available legal or equitable remedies against Consultant.

I. Compliance with Applicable Laws

1. Consultant agrees to be bound by the terms of the Federally-Funded Subaward and Grant Agreement between the County and FEMA and/or the State of South Carolina and any of its agencies if applicable.

2. Consultant agrees to be bound by all applicable state and federal laws, regulations, and Executive Orders.

J. Suspension and Debarment

1. Federal regulations restrict the County from contracting with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities, where the contract is funded in whole or in part with federal funds. Accordingly, a contract or subcontract must not be made with any parties listed on the SAM Exclusions list. SAM Exclusions is the list maintained by the

General Services Administration that contains the name of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under certain statutory or regulatory authority. The

Consultant can verify its status and the status of its principals, affiliates, and subcontractors at www.SAM.gov.

a. This Contract is a covered transaction for purposes of 2C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the

Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

b. Consultant must comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

c. This certification is a material representation of fact relied upon by the County. If it is later determining that the Consultant did not comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, Subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

K. Byrd Anti-Lobbying Amendment https://www.sam.gov/ http://www.sam.gov/

1. Consultants who apply or bid for an award of $100,000 or more shall file the required certification found below. Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient.

2. The certification referenced in Paragraph (a) of this Section is below:

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of

Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to

Report Lobbying,” in accordance with its instructions.

C. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by

Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Consultant certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.