RECYCLING_ROLL-OFF_CONTAINER_TRANSPORTATION_AND_RECYCLING_SERVICES_(Addendum_#2_Revision).pdf

RFP #22069

Greenville County Issue Date: March 25, 2022

Procurement Services Division Opening Date: May 6, 2022

RECYCLING ROLL-OFF CONTAINER

TRANSPORTATION AND RECYCLING

SERVICES

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/greenvillecounty https://secure.procurenow.com/portal/%7bproject.government.code%7d

Title: RECYCLING ROLL-OFF CONTAINER TRANSPORTATION AND RECYCLING SERVICES

Robert Brewer, NIGP-CPP, CPPO, CPPB

Procurement Services Division Director

Greenville County

RECYCLING ROLL-OFF CONTAINER TRANSPORTATION AND RECYCLING

SERVICES

I. Public Notice II. Introduction

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

VI. Insurance VII. Evaluation Phases

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

Attachments:

A - Sample Services Agreement

B - CURRENT LOCATION INFORMATION

1. PUBLIC NOTICE

Greenville County is soliciting sealed electronic proposals in response to RECYCLING ROLL-OFF

CONTAINER TRANSPORTATION AND RECYCLING SERVICES, 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 Friday, May 6, 2022, 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

Friday, April 22, 2022, 5:00 pm EDT.

2. INTRODUCTION

2.1. Summary

The County of Greenville provides recycling to residents within Greenville County that do not have access to curbside recycling. To accomplish this, Greenville County's contractor provides, 30 cubic yard roll-off containers (30 cubic yard duel compartment containers, outfitted with standard recycling container openings along both sides of the container) at 15 locations (locations are subject to change).

Each location can support anywhere from 1 - 6 containers, there are 35 containers in operation.

2.2. Background

The successful vendor will have to select a Material Recovery Facility (MRF) and enter into a contract/agreement with the MRF to process and market the recyclables collected in the containers.

2.3. Contact Information

Jackie Brown

Buyer

301 University Ridge, Suite 100

Greenville, SC 29601

Email: jaqbrown@greenvillecounty.org

Phone: (864) 467-7204

Department:

Recycling Operations

2.4. Timeline

Release Project Date March 25, 2022

Question Submission Deadline April 22, 2022, 5:00pm

Proposal Submission Deadline May 6, 2022, 3:00pm

Review of Proposals May 4 - May 27, 2022

Tentative Date of Award May 27, 2022

Contract Negotiations May 31 - June 30, 2022

Issue Notice to Proceed June 30, 2022 mailto:jaqbrown@greenvillecounty.org tel:(864)467-7204

3. SCOPE OF WORK

3.1. Recycling Roll-off Container Transportation and Recycling

A. There are currently 15 locations throughout Greenville County (County) which need to be serviced on an established routine basis. See Attachment A for current location information. The scope of work includes the ability to expand services to additional sites as directed by the County upon 30 days advance notice.

B. The successful responder shall provide and place 30 cubic yard roll-off recycling containers, similar to those currently used, at all designated sites by July 1, 2022. The roll-off recycling containers must include a minimum of two internal compartments for materials such as fiber and commingled recyclables. Deviation from the current design must receive prior approval from the County and result in a cost reduction as appropriate. The County will designate the container color and decals. Cost for decals shall not exceed $600 per bin which includes installation charges. These charges shall be forwarded to the County without markup. The contracted vendor will work with the County staff regarding the needed decals.

C. Each container shall be painted every twenty-four (24) months with the County designated color.

Decals shall be replaced as needed and as determined by the County.

D. Roll-off recycling containers will be transported to a processing facility within a 50-mile radius, materials sorted and consolidated as needed.

E. Processing location shall be equipped with scales for recording weights of incoming materials. Each section of the container must be weighed and recorded separately. Recorded weights must be supplied in Microsoft Excel or similar format for County data manipulation. Scales shall be calibrated quarterly with proof of calibration automatically submitted to the County.

F. The County shall receive revenue from sale of materials directly from the processor. Revenue checks shall be sent based on a calendar month and be received by at least the 20th of following month (add attached revenue discussion).

G. Proposed revenue sharing should be submitted based on a dual stream recycling system (fiber vs.

commingled).

H. The work under this contract shall include all labor, supervision, materials, equipment, facilities, customer service support and all other items necessary to complete said work.

I. Materials to be collected in roll-off recycling containers:

Commingled Recyclables

• Aluminum cans,

• Steel and bi-metal cans, and

• Plastic bottles/containers - bottles and jugs, #1-#7 with a neck.

Fibers

• Mixed paper - including, but not limited to, newspapers, magazines, junk mail, office paper, phone books, and other paper products, and

• Cardboard.

Other

• If available at the selected MRF, Glass.

J. Transport costs shall be estimated based on delivery of the materials to responder designated processing location(s). The County reserves the option to direct the successful responder to send the recyclables to designated markets if equal or better prices are located with allowances for additional truck miles. Under no circumstances shall any recyclable be landfilled. Landfilling of recyclables will be grounds for contract cancellation. Any tipping fees associated with contaminated materials will be the sole responsibility of the successful responder. All materials shall be transported in a manner consistent with any and all Local, State and Federal laws and regulations.

K. All roll-off recycling containers shall be emptied on a regular schedule approved by the County based on analysis of need. The current schedule is included in this RFP as Attachment A. The schedule is subject to change with two weeks’ notice by the County. Provisions shall be made to make unscheduled collections during peak use periods. Failure to act according to need will result in penalties as outlined in this RFP.

L. Allowable holidays are limited to: New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving

Day, and Christmas Day. Collections missed due to holidays are to be picked up next business day.

M. All missed collections must be reported to the County within two hours of missed collection. All missed collections will result in penalties, which are discussed in this RFP. Collections not performed on a scheduled day must be picked up within twenty-four (24) hours of notification. Any unresolved misses will be subject to additional performance penalties as discussed in this RFP.

N. Transportation charges for roll-of recycling containers weighing less than 0.25 tons will be forfeited by vendor. Extra or duplicate collections not authorized in advance by County will not be the financial responsibility of County.

Other Contract Clauses

Education

• Any publicity pieces related to Greenville County’s Recycling program initiated by the vendor shall include the Greenville County Solid Waste Division logo. All promotions shall be preapproved by the

County of Greenville.

Penalties

• Missed Collection: For every collection not performed on a scheduled day the contractor will forfeit the collection charges for a month from that drop container. In addition, if the drop container is not picked up within twenty-four (24) hours, the contractor will forfeit one month's collection charges from that drop container for every day the problem continues. The contractor will still be responsible for servicing the unit.

• Upon documentation of three (3) instances for failure to collect from the same recycling location within one month, the contractor will forfeit the collection charges from that recycling location for that month. The contractor will still be responsible for servicing the said location.

Record Keeping

• The contractor will be responsible for keeping accurate records and submitting calendar month reports. Reports shall be itemized by recycling location, date and tonnage per section (each container section shall be weighed separately).

• All revenues must be clearly supported by a detailed report that includes section weights, price per ton, revenue, subtotals for each section, and total for each container. The vendor must explain the method to be used for weighing and tracking each commodity.

• Reports shall be distributed no later than the 15th of each month to the following:

Twin Chimneys Landfill

Wendy McNatt

11075 Augusta Road Honea Path, SC 29654

• Billing will be determined on a per collection basis for each of the roll-of recycling containers. Bills should be sent to:

Twin Chimneys Landfill

Wendy McNatt

11075 Augusta Road Honea Path, SC 29654

3.2. REVENUES AND PROCESSING FEES

REVENUES AND PROCESSING FEES

It will be the Contractor’s responsibility to secure an Agreement with a recyclables processor for processing and selling the County’s dual stream recyclables to the markets.

The County’s dual stream recyclables includes: 1) Mixed Paper-loose and 2) Commingled Recyclables-loose (CMC). These are defined below:

Mixed Paper

Includes but not limited to, newspapers, magazines, junk mail, office paper, phone books and other paper products, cardboard

Commingled Recyclables (CMC)

Steel and bi-metal cans, plastic bottles/containers-bottles and jugs, #1-#7 with a neck.

The pricing tolerances the County can withstand are a maximum payment of -$30.00 per short ton of loose material for Mixed Paper when the market requires it. The County cannot pay more than this for the processing of this material. The actual price would then be -$30.00 per short ton less than the

Market Price, as defined below.

The pricing tolerances the County can withstand are a maximum payment of -$15.00 per short ton of loose material for Commingled Recyclables when the market requires it. The County cannot pay more than this for the processing of this material. The price would then be -$15.00 per short ton less than the

Market Price, as defined below. Value of this material will be evaluated quarterly. Price can fluctuate, depending on the Market.

Market Price

Market Price means the high-side of the Southeast domestic market-price range for the referenced

Material published In Pulp & Paper Week's "Price Watch: Recovered Paper - Domestic," commonly known as the "Yellow Sheet." Purchase Prices indexed to Market Price will automatically adjust each month when the first Yellow Sheet issue is published for that month.

If the Market Price for Mixed Paper is $35.00 per short ton or above, then the Processing Fee for the

Mixed Paper will be offset, by any amount the Contractor owes the County, but this will not change the

Parties’ obligations regarding the Material.

If Pulp & Paper Week stops publishing the Yellow Sheet or materially changes pricing methodology, the

Parties will agree on an alternative pricing formula in a written amendment to the Contract.

Unacceptable Materials

County will ensure that no Materials contain any of the following "Unacceptable Materials:" hazardous substances; herbicides, insecticides, fungicides, or rodenticides; heavy metals; antimony, arsenic, barium, cadmium, chromium, copper, lead, mercury, selenium, silver, or zinc; toxic or potentially carcinogenic substances; formaldehyde, PCBs, or phenolic based resins; biological or medical waste;

radioactive substances; or any container that previously held any of the Items In this list. County will retain title to and legal responsibility for any Unacceptable Materials even if collected by the Contractor.

3.3. CONTRACT FEE AND SCHEDULE

This contract should be priced based on a five year period beginning July 1, 2022. Annual fee adjustments will be based on a minimum± 10% annual change in diesel fuel prices as documented on the U. S. Energy Information Administrations' East Coast report. Fee adjustments will need to be requested by either party in writing 60 days in advance of the annual contract renewal on July 1st of each year during the contract period.

Contract costs should be given on a per collection event basis for roll-of recycling containers. Revenues from any/all processor(s) for marketing of recyclables should be listed separately.

3.4. PROPOSAL REQUIREMENTS

Qualifications

All firms submitting proposals will demonstrate that the firm is currently engaged in roll-off collection services and has successfully performed not less than three (3) contracts requiring similar services. The name, address, and telephone number of contacts for at least three (3) contracts will be included as part of the references required.Provide the names, addresses and telephone numbers of five (5) references with whom your firm has a professional relationship of which three (3) must be qualifying contracts.

Organization and Staffing

This section shall include an identification of the principal firm proposing to provide services, the relationship of any co-ventures, and an identification of subcontractors which the principal proposes to use on the contract and their respective percentages of participation. Resumes for each key staff person, including proposed subcontractors, that will participate, shall be included. Highlight key and relevant experience. Responders shall secure written permission from the County prior to subcontracting any part of the contract and approval should be obtained during the proposal evaluation stage, if possible.

Responders shall submit the name, address, and telephone number of the person(s) with the authority to answer questions or provide clarification concerning the firm's proposal.

Experience

Provide a brief description of completed and current contracts in which your firm is providing material collection services similar in complexity to that required by this RFP.

Experience will be a factor in the decision for County to contract with a firm.

Project Approach

Please describe in detail the time schedule implementation of the program.

Define cost as price per round trip in addition to revenue/processing fees related to recyclables.

4. INSTRUCTIONS TO OFFERORS

4.1. Pre-Proposal Meeting

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

4.2. Pricing

Recycling revenue/charges from the Material Recovery Facility (MRF).

4.3. Bonding

Bonding will not be required for this project.

4.4. Statement of Qualifications

Vendor shall include the following with their response:

1. Overview of company background.

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

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

4. Scope of Work/Task List to show understanding of the project and proposed steps of implementing.

5. A proposed schedule from the Notice to Proceed through Final Acceptance.

4.5. Submission Procedures and Requirements

A. All submissions must be received by Friday, May 6, 2022 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

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 #22069.

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

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

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

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

7. EVALUATION PHASES

The 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.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Responsiveness to this RFP 0-5 Points 5 (20% of Total)

2. Capability of the firm to perform indicated by measurable performance standards.

0-5 Points 5

(20% of Total)

3. Detailed scope of work 0-5 Points 5 (20% of Total)

4. Reputation, experience and past performance, including demonstration of ability to perform similar services to those anticipated in response to this RFP.

0-5 Points 5 (20% of Total)

5. Revenue sharing 0-5 Points 5 (20% of Total)

8. TERMS AND CONDITIONS

8.1. Safety, Health, and Security

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

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

8.2. Response Opening and Award:

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

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

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

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

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

8.3. Rights Reserved by Greenville County:

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

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

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

8.4. Responders Qualification:

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

8.5. Responders Responsibility:

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

8.6. References:

The County requires responders to list at least three (3) references, names, addresses, telephone numbers, and email addresses of contact persons for companies with whom the bidder has performed or provided similar work, service or product.

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/17949?section=133596 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:

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

8.28. Deviations from Specifications:

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

8.29. Minor Deviations:

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

8.30. Contractor License Requirement:

The contractor shall procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of his business. 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. In the event the Contractor or any subcontractor is found not to be in compliance with PREA, the Contractor agrees to fully indemnify the County for any loss suffered by the County as a result of such Contractor or subcontractor’s failure to comply with the Act.

8.41. Americans with Disabilities Act -

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

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

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

8.42. Asbestos Management Plan:

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

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

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

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

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

C. Provide proper licenses, permits, and certifications

D. Comply with all federal, state and local regulations

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

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

9. SAMPLE CONTRACT

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

County's minimum terms and conditions. Responders must review the solicitation for any other terms and conditions that may be added for this project. Any exceptions by the responder must be included with the uploaded response.

10. VENDOR QUESTIONNAIRE

10.1. Illegal Immigration Reform Act Compliance*

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

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

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

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

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

☐ Please confirm

*Response required

10.2. S.C. Law Clause*

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

State.

☐ Please confirm

*Response required

10.3. Conflict of Interest Statement*

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

☐ Please confirm

*Response required

10.4. Non-Collusion*

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