Public_Roads_Pavement_Condition_and_Asset_Inventory_Index_Survey.pdf

RFP #23104

Greenville County Issue Date: March 3, 2023

Procurement Services Division Opening Date: March 28, 2023

PUBLIC ROADS PAVEMENT CONDITION

AND ASSET INVENTORY INDEX SURVEY

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Robert Brewer, NIGP-CPP, CPPO, CPPB

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

Greenville County

Public Roads Pavement Condition and Asset Inventory Index Survey

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 - COG Substitute W9

B - Sample Services Agreement

Title: Public Roads Pavement Condition and Asset Inventory Index Survey

1. PUBLIC NOTICE

Greenville County is soliciting sealed electronic proposals in response to Public Roads Pavement

Condition and Asset Inventory Index Survey, subject to the conditions and all provisions set forth herein and attached. Sealed proposals will be received through the County’s online procurement portal located at https://secure.procurenow.com/portal/greenvillecounty until Tuesday, March 28, 2023, 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 proposal shall be submitted via the County’s online procurement Portal, located at https://secure.procurenow.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

Thursday, March 16, 2023, 5:00 pm EDT.

2. INTRODUCTION

2.1. Summary

The County of Greenville is seeking proposals from firms qualified to provide comprehensive road surface testing for approximately 1,830 miles of County maintained asphalt roadways using a mobile data collection vehicle equipped with GPS, high-resolution cameras, pavement profiling, and rutting sensors to evaluate existing pavement distress conditions. The data collection will be in accordance with the ASTM D6433 - 18 Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys.

The rating information shall include severity and extent of each pavement distress as defined in the standard. The data will be analyzed to determine a Pavement Condition Index (PCI) for each road segment and a weighted PCI for each road. Project deliverables shall include a PCI of each road segment, weighted PCI of each road, pavement distress description data, and high-resolution images of each road including right of way. Data should be easily interfaced with the County's GIS system City works and

PAVERTM software.

2.2. Background

In 2000 Greenville County retained a consultant to assess pavement condition for all asphalt surfaces comprising the county’s road network. The practice is initiated every four years. The County of

Greenville is responsible for maintenance of approximately 1830 centerline miles of roadway. Life cycle costs for asphalt pavement are minimized when the best preservation treatment and or rehabilitation method is applied at the optimal time. Greenville County’s goal is to maintain a comprehensive, cost-effective pavement preservation plan that maintains all asphalt surfaces at an acceptable level.

Pavement condition index is basic to assessing and prioritizing where and when limited paving dollars should be used to generate the greatest return in terms of asphalt life cycle costs. The data collected provides a snapshot of the overall condition of roads throughout the county and is used to generate planning reports for prioritizing resurfacing work.

2.3. Contact Information

Keyona Spurgeon

Buyer

301 University Ridge

Greenville, SC 29601

Email: kspurgeon@greenvillecounty.org

Phone: (864) 467-4954

Department:

ENGINEERING

2.4. Timeline

Release Project Date March 3, 2023 mailto:kspurgeon@greenvillecounty.org tel:(864)467-4954

Question Submission Deadline March 16, 2023, 5:00pm

Proposal Submission Deadline March 28, 2023, 3:00pm

Review of Proposals March 28 - April 4, 2023

Tentative Date of Award April 4, 2023

Contract Negotiations April 4 - April 18, 2023

Issue Notice to Proceed April 18, 2023

3. SCOPE OF WORK

3.1. SCOPE OF WORK

To assess pavement condition for all asphalt surfaces comprising the County's road network. The successful vendor will survey, identify, and measure various pavement distresses for every road within the county’s road inventory. More than 7,000 roads, both gravel and paved, are in the county’s inventory. Data collection is expected for all asphalt surfaces. Vendor will use the existing roadway segment data maintained by the County. Roads are segmented from intersection to intersection, or a maximum length of 1320 feet. The data collection will be in accordance with the ASTM D6433-18

Standard Practice for Roads and Parking Lots Pavement Condition Index Surveys. The rating information shall include severity and extent of each pavement distress as defined in the standard. The data will be analyzed to determine a Pavement Condition Index (PCI) for each road segment and a weighted PCI for each road. Project deliverables shall include a PCI of each road segment, a weighted PCI of each road, pavement distress description data, and high-resolution images of each road, including rights of way.

Data should be easily interfaced with the County's GIS system, City works and PAVERTM software.

1. ASTM D6433-18 Distresses and PCI Calculation. The pavement evaluation methodology shall be based on the most recent, generally accepted industry standards. At a minimum, the vendor will evaluate thirteen (13) typical pavement distresses, as detailed in ASTM D6433–18, such as alligator cracking, raveling, edge cracking, weathering, block cracking, etc. This data shall include quantities and severity for each instance of the distress type within the sample area. The Pavement Condition Index (PCI) shall be calculated from the distress measurements following ASTM D6433-18. Pavement distresses shall be provided for each segment. In addition to each road segment, the county expects a weighted PCI computed for each road.

2. International Roughness Index (IRI). International Roughness Index (IRI) and rutting data shall be collected in accordance with ASTM E950 standards. Data should be collected utilizing a state of the art

3D Laser Crack Measurement System (LCMS) or equivalent system.

3. PAVER 7.1 Database. The County currently uses PAVER™ 7.1 for pavement management. 2024 PCI data shall be delivered in PAVER 7.1 database format while maintaining the previous surveys and construction history data. The County’s current PAVER database files will be delivered by the County prior to project commencement. Following inspections, the vendor shall build upon existing database or merge databases.

4. Other Data Integration. Integration with or delivery of pavement condition data compatible with Agile

Assets Pavement Express and City Works may be required. Other tasks may be added as deemed necessary by the County.

5. Inspection Date. A date of inspection shall be provided in PAVER for each segment. The date must be within one week of when the segment's data was collected.

6. Imagery. The Vendor will be responsible for all high-resolution road and right-of-way image capture. A user-friendly, map-based image viewer is considered a deliverable.

7. Project Management and Timeline. The Vendor will be responsible for all project management and coordination of services. The work should be completed no later than 270 days after the “Notice to

Proceed” issue date.

8. Scheduling and Progress Tracking. The County’s road network is segregated into alphabetical sectors

A through R. The successful vendor will be asked to provide a demonstration of product deliverables by completing an assigned sector and providing all deliverables for the County’s review prior to completing the remaining sectors.

9. Quality Assurance Quality Control. The successful vendor is expected to submit detailed quality control and quality assurance plans for review and approval by the County. A high level of accuracy is expected and must be proven throughout the survey process. Instances of PCI values higher than previous survey values shall be tracked and reported to the County on a continuous basis.

10. Report. Vendor shall create a report summarizing the pavement condition of county-maintained roads, budget scenarios, and estimated costs for addressing pavement management through worse first and pavement preservation strategies. The county has twelve (12) council districts that should be addressed individually in the summary report.

3.2. GENERAL PROVISIONS

1. Purchasing Procedures. The County of Greenville, South Carolina, Procurement Ordinance, adopted

February 17, 2019, and all amendments thereafter, by the Greenville County Council, shall govern purchasing procedures. The County reserves the right to reject all bids for this project.

2. Documentation. All documents, forms, specifications or other published items included by reference in these specifications shall be considered incorporated herein and shall be a part of this document. Any amendments, revisions, and/or new publications of documents, forms, specifications or other published items included by reference in these specifications shall be incorporated herein and shall be a part of this document. The rights and remedies of the County provided in these documents shall not be exclusive and are in addition to any other rights and remedies provided by law.

3. Certificate of Consultant. Consultant must provide a detailed statement of experience with pavement condition surveys and management systems, experience with governmental agencies on projects of similar size and scope. A statement acknowledging the consultant understands the scope of work and the methodology necessary to achieve the pavement condition survey within the designed time frame.

4. Warranty By acceptance of this contract, the Consultant agrees to provide, to the satisfaction of the

County Engineer, a technical report with tables and figures to summarize the conditions of the road system. And the recommended maintenance needs, pavement condition survey information, and computer software for use with Microsoft Windows XP or higher platforms, encompassing approximately 1740 centerline miles of asphalt pavement, the entire surface transportation network of

Greenville County maintained road system.

Greenville County reserves the right to terminate this contract with written notification to the

Consultant, when deemed appropriate by reasons of misleading information submitted, services and/or duties not performed as agreed or an illegal act committed.

Further, the Consutant shall be responsible to the County Engineer for the acts and omissions of his/her employees, subcontractors and their agents and employees and all other persons performing work as a representative of this contract. When deemed appropriate by the County Engineer, the County shall withhold from submitted invoice(s) negotiable penalties for infraction(s) of applicable portion(s) of this contract.

5. Pre- Construction Conference A Pre-Construction Conference will be scheduled for the chosen

Contractor to discuss any special concerns. The chosen consultant shall provide to the County at the Pre-

Construction Conference, a proposed schedule for the completion of the project. A date, time and location for the conference shall be determined once the proposals have been received and the contract awarded.

6. Contract Time. For Contract Time, definitions, terms, and remedies contained in Section 108 of the

South Carolina Department of Transportation Standard Specifications for Highway Construction, latest edition and as revised and/or amended, shall apply. All work specified herein must be completed within the allotted calendar days from the date of the notice to proceed.

7. Failure to Complete Work on Time. If the Contractor fails to substantially complete the work by the

Contract specified completion date, then it shall be liable for negotiable penalties for each calendar date past the contract specified completion date. The County Engineer shall determine the date of substantial completion, and the decision shall be final. The penalty may be drawn from any pavement dur or at the discretion of the County Engineer.

8. Engineer Authority. The designated Contract Administrator shall give all orders and directions contemplated under this Contract and its specifications relative to the execution of the work.

The Engineer shall determine the amount, quality, acceptability, and appropriateness of the services to be paid for under this Contract and shall decide all questions in relation to said work and the provisions thereof. The decisions of the County Engineer shall be final and conclusive. In the event questions arise between the parties hereto relative to said contract or specifications; determinations or decisions of the

County Engineer shall be a condition precedent to the right of the Consultant to receive any money or pavement for services under this contract affected in any manner or to any extent by such question.

The County Engineer shall decide the meaning and intent of any portion of the specifications, services agreement, and any other part where the same may be found obscure or be in dispute. Any difference or conflicts in regard to services, under this contract, which may arise between the Consultant and

Greenville County shall be adjusted and determined by the County Engineer in consultation with the

Director of Procurement.

9. Basis of Payment. The consultant shall provide monthly reports to the County Engineer by 5:00 p.m.

of the day on the last Monday of the month, detailing the work activities (progress) of that month.

Measures to establish invoice submittal dates and simplify processing will be discussed with the successful bidder.

3.3. SPECIAL PROVISIONS

The County's Pavement Management System operates on Overall Condition Index (hereafter "PCI") concepts which require PCI type evaluations to be performed.

PCI Type Evaluation is heavily dependent upon the accurate identification and severity of different types of pavement distress (load and weather related) patterns of distress and accurate measurement and recording of the data on each road.

Density of Pavement Evaluations will be based on conditions surveyed and the effect of the accuracy of the pavement deterioration assessment.

The County shall provide a list of roads inclusive of the County inventory.

The County reserves the right to reject any Consultant for reasons of qualifications to perform the proposed inspection duties, for providing misleading information, for services not performed as agreed, illegal act, and or discourtesy to the public.

The Consultant shall be required to monitor the safety of all activities related to the service contract.

When performing duties in the presence of vehicular traffic, the Consultant shall follow all work zone safety guidelines. However, any safety hazards discovered should be reported to the appropriate

Greenville County personnel.

Upon Completion of the overall pavement condition index survey, the chosen Consultant shall provide a technical report to explain the results, summarize the condition of the pavements, and make maintenance activity recommendations.

The Consultant shall provide to Greenville County licensed computer software of the pavement condition survey data in ESRI shape file format or file geo database format adhering to the database design shown in Appendix A. Delivered data must be compatible with ArcMap version 10.3.1.

Additional Field Survey Data Collection shall be performed when directed by the County Engineer to evaluate problem conditions encountered during the course of the work. Written reports of the test results will be issued by the Consultant.

The Consultant shall:

(a) Provide qualified personnel with experience in PCI pavement evaluations.

(b) Provide a qualified individual to manage, schedule and coordinate the activity of the field crews performing the evaluations and act as the liaison between County Personnel.

The County shall:

Provide a feature class, in File Geodatabase format, of all street centerlines. County roads are uniquely identified in this dataset by the FEAT CODE attribute. Additionally, the FACILITYID attribute in the street centerline feature class will function as a unique identifier between the data collected by the successful responder, the GIS, and City works AMS. For proposal development purposes, responders may review street centerline data at http:/www.gcgis.org/greenvillejs.

3.4. PROPOSAL

Vendors shall include the following in their proposal:

1. A comprehensive plan for integrating all of the deliverables identified within the scope of work to meet the County's needs.

2. A description of the intended methodology, equipment planned to be used for data collection, and key personnel assigned to the project. Include schedules for completing the requested work and durations. All work should be completed within 270 days after the Notice to Proceed.

3. A detailed approach to providing data collection and roughness data. In addition to asphalt condition, the County is also requesting cross slope and trail slope data. SRT data scope items should be clearly designated and separate from road collection data.

4. A list of major work items and schedule of values. Each work item should be based on cost per mile.

SRT major work items should be clearly designated separate and apart from road collection data items.

Separate pricing should also be provided for inventory control assets such as MUTCD signs, sidewalks, etc. for consideration.

5. A list and brief description of past projects of similar size and scope.

6. Firm references and qualifications.

7. Key personnel and the company's organizational chart.

8. Description of image viewing software. The software should permit users to access images by location, be hosted externally on a dedicated pavement management server, and be completely synchronized with ESRI. Licensing and other operational details should be detailed.

9. A report summarizing the pavement condition of County maintained roads, scenarios and estimated costs for addressing pavement management through worse first and pavement preservation strategies.

The County has twelve (12) council districts, and the respective council districts should be addressed in the summary report.

4. INSTRUCTIONS TO OFFERORS

4.1. Pre-Proposal Meeting

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

4.2. Pricing

Responders shall list all associated costs and fees for services to perform the proposed scope of work.

The County of Greenville County will not consider per-diem payments. All expenses shall be inclusive with associated costs, fees to be included in the total price. Submit on a separate sheet any exceptions taken, special condition and other factors that may affect the evaluation of this proposal.

4.3. Bonding

Bonding will be required for this project please see Bonds for more information.

4.4. Statement of Qualifications

Vendor shall provide a Statement of Qualifications that includes the following:

1. Overview of company background.

2. Staffing or organizational chart showing staff that will be used for this project.

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

4. Current resume(s) for individual(s) assigned to this project.

5. 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.

6. A detailed statement of experience with pavement condition surveys and management systems.

7. Description of road improvement condition survey and assessment services for at least two (2) projects of similar size and scope.

4.5. Submission Procedures and Requirements

A. All submissions must be received by Tuesday, March 28, 2023 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. Proposals shall be organized in the following manner with the subject headings and sequence indicated.

1. Introduction https://secure.procurenow.com/portal/greenvillecounty/projects/38278?section=314059

2. Experience and Past Performance

3. Organization and Personnel

4. Proposed Solution(s)

5. References

6. Pricing, Hourly Rates and Other Fees

7. Other Information Requested

D. 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.

4.6. Inquiries and Addenda

Offerors shall submit all inquiries regarding this bid via the County’s online procurement Portal, located at https://secure.procurenow.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 RFP.

Addenda Notification: This RFP 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 ProcureNow. 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://secure.procurenow.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 RFP. 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 Proposals. Where errors or omissions appear in the RFP, 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 INTEREST on 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 RFP #RFP #23104.

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.

4. Professional Services Erros and Omissions Liability Insurance:

a. Coverage must be written for no less than the following limits:

i. $1,000,000 per occurrence

ii. $2,000,000 general aggregate

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

7.1. Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Responsiveness to this RFP 0-5 Points 5 (10% of Total)

2. Demonstrated understanding of the project 0-5 Points 5 (10% of Total)

3. Previous experience with governmental agencies on projects of similar scope and size.

0-5 Points 5

(10% of Total)

4. Approach to organizing and managing the project coupled with demonstrated ability to achieve a complete project

0-5 Points 5 (10% of Total)

5. Record of completing projects on time and within budget.

0-5 Points 5

(10% of Total)

6. Experience, organization, technical competence, management capabilities to perform scope of work.

0-5 Points 5 (10% of Total)

7. Qualifications of key personnel assigned to the project.

0-5 Points 5

(10% of Total)

8. Past performance of proposing firm and subcontractors on similar type projects and or ability to perform all aspects of work

0-5 Points 5 (10% of Total)

9. Availability of key personnel to mobilize quickly and meet project schedule deliverables.

0-5 Points 5 (10% of Total)

10. DBE utilization 0-5 Points 5 (10% of Total)

7.2. Phase 2 - If a short list of vendors is chosen, then the following criteria will be used for the short listed vendors.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Interview 0-5 Points 5 (50% of Total)

2. Demonstration 0-5 Points 5 (50% 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 will allow the responder to give an alternate reference.

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 his 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 ProcureNow. 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://secure.procurenow.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 proposals will be evaluated on the following criteria utilizing the Evaluation Phases included in this

RFP. Greenville County reserves the right to interview responders or ask for demonstrations to this RFP at its discretion. Greenville County will not be responsible for any costs associated with interviews of https://secure.procurenow.com/portal/greenvillecounty/projects/38278?section=314057 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. MBE/WBE Participation – Affirmative Action: a)

A. MBE/WBE – Vendors submitting responses are encouraged to solicit MBE/WBE participation in fulfilling their contract. Indicate in your response any MBE/WBE 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.

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:

Contractor agrees to defend, indemnify and save harmless the County and all County officers, agents and employees from and against any loss, damage, claim or action, including all expenses incidental to such claim and action, to the extent arising from any negligent acts or omissions by Contractor, its agents, staff, consultants and contractors employed by it, in the performance of the services under this

Agreement. Contractor shall not be responsible for any loss, damage, or liability to the extent arising from acts of the County, its agents, staff, and other consultants employed by it.

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. He shall keep himself 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 his 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.