RFP_080824_Agnes_Major_and_Wesley_Felix_Design_Build.pdf

REQUEST FOR PROPOSALS

Design/Build Community Centers at Agnes Major & Wesley

Felix Parks

RFP # 080824

Prepared by: Procurement Services

Dated: July 8, 2024

Proposal Due Date: August 8, 2024 3:00PM (EST)

RFP #080824 DOCUMENTS Page 1

COUNTY COUNCIL OF BEAUFORT COUNTY

PROCUREMENT SERVICES DEPARTMENT

106 Industrial Village Road, Bldg. 2 Post Office Drawer 1228

Beaufort, South Carolina 29901-1228

PROPOSAL NOTICE NO. RFP 080824

CLOSING DATE AND TIME: August 8, 2024 3:00PM (EST)

PROPOSAL TITLE: Design/Build Community Centers at Agnes Major & Wesley Felix Parks

You are invited to submit a proposal, in accordance with the requirements of this solicitation which are contained herein.

There will be a non-mandatory Pre-Proposal meeting held virtually on July 24, 2024/2:00PM (EST).

Please contact Victoria Moyer at victoria.moyer@bcgov.net all vendors are encouraged to attend.

In order for your proposal to be considered, it must be submitted to the Procurement Services Department no later than August 8, 2024 at 3:00PM (EST), at which time respondents to this request will be recorded in the presence of one or more witnesses. RFP received by the Procurement Services Department after the time specified will not be considered. Due to the possibility of negotiation with all respondents, the identity of any respondents or the contents of any proposal shall not be public information until after the contract award is made; therefore, the public is not invited to the proposal closing.

The proposal must be signed by an official authorized to bind the Design Build Team, and it shall contain a statement to the effect that the proposal is firm for a period of at least 90 days from the closing date for submission of proposal. Proposal must be submitted through OpenGov by going to the County Website at www.beaufortcountysc.gov and register as a vendor. There is no cost to register you company. This will allow you to submit your RFP electronically.

All submittals (see Submission Requirements) received in response to this Request for Proposal will be rated by a Selection Committee, based upon the Evaluation Form contained within this RFP. If the best proposal respondent is clearly identified from the point summary, there will not be a need for oral presentations. If not, then an oral presentation from a minimum of the top two rated firms shall be required.

This solicitation does not commit Beaufort County to award a contract, to pay any costs incurred in the preparation of a proposal, or to procure or contract for the articles of goods or services. The County reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified firms, or to cancel in part or in its entirety this solicitation, if it is in the best interests of the County to do so.

“Original Signed”

Dave Thomas Procurement Services Director

(843) 255-2304 mailto:victoria.moyer@bcgov.net http://www.bcgov.net/

RFP #080824 DOCUMENTS Page 2

IMPORTANT ELECTRONIC SUBMITTAL INSTRUCTIONS

In order to do business with the Beaufort County, vendors must register with Procurement

Services through our Vendor Registration system, powered by OpenGov. The County may reject any quotes, bids, proposals, and qualifications submitted by businesses that are not registered.

Registering also allows businesses to identify the type of goods and services they provide so that they may receive email notifications regarding relevant solicitations out for bid.

To register with the County, go to www.beaufortcountysc.gov and go to the Procurement Services Department’s page and click on Vendor Registration. Once registered you may submit your proposal through the solicitation section in OpenGov.

IMPORTANT

ELECTRONIC SUBMITTAL REQUIREMENTS

Response submittals for this Request for Proposal will ONLY be received electronically and must be submitted ONLINE prior to the date and time listed on the cover page of this RFP document.

All responses must adhere to the following guidelines:

- Suppliers are encouraged to submit responses as soon as possible. Responses are received into a ‘lockbox’ folder and cannot be opened prior to the due date and time. The time and date of receipt as recorded by the server will serve as the official time of receipt. The County is not responsible for late submissions, regardless of the reason.

- All requested information and forms MUST be uploaded as one file if possible. If necessary to have more than one upload, pricing, and signed acknowledgements, etc. are to be in the first upload and the Pricing Information should be in the second, with each titled accordingly.

RFP #080824 DOCUMENTS Page 3

COUNTY COUNCIL OF BEAUFORT COUNTY

Title VI Statement to Prime Contractors, Subcontractors, Architects, Engineers, and Consultants

It is the policy of the County Council of Beaufort County, South Carolina, hereafter referred to as “Beaufort County” or “the County”, to comply with Title VI of the 1964 Civil Rights Act (Title VI) and its related statutes. To this end, Beaufort County assures that no person shall be excluded from participation in, denied the benefit of, or subjected to discrimination under any of its programs or activities on the basis of race, color, national origin, age, sex, disability, religion, or language regardless of whether those programs and activities are Federally funded or not. The County is also committed to assuring every effort will be made to prevent the discrimination of low-income and minority populations as a result of any impact of its programs or activities. Beaufort County also assures that every effort will be made to prevent discrimination through the impacts of its programs, policies, and activities on minority and low-income populations. Additionally, the County will take reasonable steps to provide meaningful access to services for persons with limited English proficiency. In addition, Beaufort County will not retaliate against any person who complains of discrimination or who participates in an investigation of discrimination. Beaufort County will, where necessary and appropriate, revise, update, and incorporate nondiscrimination requirements into appropriate documents, directives, and regulations.

Pursuant to Title VI requirements, any entity that enters into a contract with Beaufort County including, but not limited to Prime Contractors, Subcontractors, Architects, Engineers, and Consultants, may not discriminate on the basis of race, color, national origin, age, sex, disability, religion, or language in their selection and retention of first-tier subcontractors, and first-tier subcontractors may not discriminate in their election and retention of second-tier subcontractors, including those who supply materials and/or lease equipment. Further, Contractors may not discriminate in their employment practices in connection with highway construction projects or other projects assisted by the U.S. Department of Transportation (USDOT) and/or the Federal Highway Administration (FHWA).

In all solicitations either by competitive bidding or negotiation made by the Contractor for work to Beaufort County to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under the contract and the Title VI regulations relative to nondiscrimination on the basis of race, color, national origin, age, sex, disability, religion, or language by providing such a statement in its bidding and contract documents.

Upon request, the Contractor shall provide all information and reports required by Title VI requirements issued pursuant thereto, and shall permit access to its books, records, accounts and other sources of information, and its facilities as may be determined by Beaufort County, USDOT, and/or FHWA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to USDOT or FHWA, as appropriate and via Beaufort County, and shall set forth what efforts it has made to obtain the information. In the event of the Contractor's non-compliance with nondiscrimination provisions of this contract, USDOT may impose such contract sanctions as it or FHWA may determine to be appropriate, including, but not limited to:

• Withholding of payments to the Contractor under the contract until the Contractor complies, and/or

• Cancellation, termination, or suspension of the contract, in whole or in part.

In the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of this direction to comply with Title VI, the Contractor may request USDOT to enter into such litigation to protect the interests of USDOT and FHWA. Additionally, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Any person or Subcontractor who believes that they have been subjected to an unlawful discriminatory practice under Title VI has a right to file a formal complaint within one hundred eighty (180) days following the alleged discriminatory action. Any such complaint must be filed in writing or in person:

Beaufort County Government Post Office Drawer 1228 Beaufort, SC 29901-1228

843-255-2304 Telephone E-mail: dthomas@bcgov.net

RFP #080824 DOCUMENTS Page 4

PROJECT PURPOSE

Beaufort County requests proposals from all interested firms, licensed in the State of South Carolina, experienced in providing qualified Design-Build Teams to provide architectural and engineering design and construction services for construction of two community centers at Agnes Major Park & Wesley Felix Park in Beaufort County, SC.

o Agnes A. Major Community & Health Center – 21 Agnes Major Rd., Seabrook, SC 29940 o Wesley Felix Community & Health Center – 179 Ball Park Road, St. Helena Island, SC 29920

In selecting a firm, the County will place great emphasis on the experience of the firm and assigned personnel in providing similar services on projects of similar magnitude to construct 3,000-6,000 SF of multipurpose space utilizing pre-engineered steel building designs. Selection preference will be toward firms that have a demonstrated depth of knowledge and resources in the successful application of principles of Design-Build and general contracting, scheduling, contract coordination and compliance, budget control, familiarity with Federal, State, and County laws, ordinances, and codes. Small and minority business enterprises are encouraged to respond to this request.

SCOPE OF WORK

The project will be to construct a prototype community center on two sites. Each will have a small office, health and exam suite (NOT SHOWN ON PROVIDED PLAN), restrooms, kitchen, meeting spaces, outdoor covered space, and associated storage. Sitework will include parking and drive access, as well as utility extensions and connections.

The successful team shall be responsible for completing a building code review and implementing elements and systems into the design that may be determined by that analysis.

The new work will include new metal framed, insulated GWB partitions and fire walls, acoustical ceilings, doors & frames, finished flooring, restrooms, kitchen plumbing & casework, plumbing and HVAC design, electrical distribution design, and life safety systems.

An interior layout and site location is provided and reflects the needs of the tenant.

Exterior elevations are included in the RFP package for information only therefore the selected vender is encouraged to provide architectural styles that fit with the Low Country vernacular.

All three sites will use the same building design as specific site conditions allow.

PROJECT CONSTRAINTS

It is stipulated that the selected vender be under contract by or before December 31, 2024. This project carries the challenges of completing the project within a pre-determined deadline due to funding sources, which will require detailed coordination and a demanding and intense timeline to avoid delays.

RFP #080824 DOCUMENTS Page 5

SCOPE OF SERVICES

The following Scope of Services is intended to serve as a general guideline and not an exhaustive list.

1. Perform site evaluation(s) to determine best location and layout of building on site.

2. Programming and space planning shall conform to floor plan provided. Prepare space needs assessment, schematic floor plans and estimate of probable costs for review and approval by County before proceeding into design development phase.

3. Prepare estimate of probable costs at schematic and design development phases. If estimates are not within County approved budget, provide alternates to design, for the consideration of the County.

4. Prepare and submit Guaranteed Maximum Price at the conclusion of the Construction document phase. If GMP is not within County approved budget provide alternates to design, for the consideration of the County.

a. Design services and GMP shall include access control wiring, hardware and software, security cameras and information technology.

5. Prepare all required documents for submission to Beaufort County and/or local municipality planning, design review boards, storm water review boards and traffic engineering. Attend meetings as required throughout these approvals.

6. Geotechnical investigations and reports, as needed for design and construction.

7. Governmental and regulatory agency permitting. Prepare, submit, and manage all required permits from

County and/or municipal building departments, USACE, SC-DHEC/OCRM, SCDOT, the County’s zoning department and others as applicable.

a. Prepare wetland delineations required by USACE, if needed.

8. Inspections and certifications required to secure Certificates of Compliance and Certificates of Occupancy.

9. Provide quality control testing and inspections during construction.

10. Manage all documentation during design and construction to include but not limited to.

a. Schedule and conduct design phase, pre-construction and construction phase meetings. Provide meeting notes for all.

b. Submittals reviews and approvals.

c. Monthly pay applications.

d. Original programming, design and construction schedules and monthly updates for each.

e. Requests for information.

f. Potential change orders, contractor quotations for additional cost and Change Orders.

g. Tests and inspection reports.

h. Punch list preparation and tracking.

i. As-built and closeout documents.

11. Determine availability of public and private utilities and coordinate with all utility companies to prepare and record easements. To include, but not limited to:

a. BJWSA

b. Palmetto Electric and/or Dominion

c. Telephone/cable companies.

12. Surveying to include:

a. Boundary and topographic surveys.

b. All other surveying and layout required for design and construction.

c. Prepare surveys and plats for storm water easements as necessary.

d. As-built surveys and elevation certificates.

RFP #080824 DOCUMENTS Page 6

13. Prepare public educational outreach materials and conduct public meetings as needed.

14. The County has budgeted $1,000,000 for each of the community centers. Budget includes all building and site design and construction, surveying, exterior and interior building signage, geotechnical survey and soil investigation, permit costs, construction materials testing, utility connection and meter fees, all DBC fees, 5% Owner contingency, bidding, construction for building and site work, P&P bonds, insurance, building access control and security cameras, information technology infrastructure, cabling and terminations.

a. Cost of property acquisition is not included in the budget.

b. Cost of county and/or municipal traffic, road and fire impact fees is not included in the budget.

c. Cost of traffic study if required is not included in the budget.

d. Cost of Owner FF&E and moving costs is not included in the budget.

RFP #080824 DOCUMENTS Page 7

PROPOSAL SUBMISSION INSTRUCTIONS

1. Electronically submit two separate files, to the Procurement Services Director by using the OpenGov process through our County Website at www.beaufortcountysc.gov. Both files must contain the Vendors name:

a. Proposal Submittal Contents (items #1-#5 on page 8).

2. Statement of award will be posted on OpenGov.

3. Prohibition of Gratuities: It shall be unethical for any person to offer, or give, or agree to give any County employee or former County employee, or for any County employee or former County employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore.

4. Questions

a. Submit questions you have, at least ten (10) calendar days prior to proposal closing date to

OpenGov

b. Answers to questions received that would change and/or clarify this solicitation will be provided be posted on OpenGov as addendum.

c. Selection Committee members SHALL NOT be contacted during the RFP process.

5. In order to do business with the Beaufort County, vendors must register with Procurement

Services through our Vendor Registration system, powered by OpenGov. The County may reject any quotes, bids, proposals, and qualifications submitted by businesses that are not registered.

Registering also allows businesses to identify the type of goods and services they provide so that they may receive email notifications regarding relevant solicitations out for bid.

To register with the County, go to www.beaufortcountysc.gov and go to the Procurement Services Department’s page and click on Vendor Registration. Once registered you may submit your proposal through the solicitation section in OpenGov.

http://www.beaufortcountysc.gov/

RFP #080824 DOCUMENTS Page 8

PROPOSAL SUBMITTAL CONTENTS

To achieve a uniform review process and allow for adequate comparability, the information is to be organized in the manner specified below and the entire package must not exceed 15 double-sided printed pages excluding Exhibit A and B, cover pages and tabs.

1. Executive Summary: Objectives of the project, scope of work, and related issues which must be addressed throughout development stages of the planning.

2. Approach to the Planning Process: Explanation of the planning process

3. Work Plan and Scheduling – A summary of tasks to be performed from evaluation of data through

County approval of the final plan. Include a timeline of key milestone dates to include overall durations for each major task.

4. Experience and Qualifications: Experience and qualifications of the team members, with an emphasis on similar type project completed within the last five (5) years. Provide an organization chart including sub-consultants and contractors.

5. List any exceptions, qualifications, or exclusions to this RFP:

ALL OTHER PAGES SHALL REMAIN PART OF THE RFP

BY REFERENCE AND IT IS NOT NECESSARY TO RETURN THESE ITEMS.

RFP #080824 DOCUMENTS Page 9

Reserved Rights

The County shall not be responsible for any of the costs associated with responding to this request and all submitted materials shall become the property of the County. Furthermore, the County expressly reserves the right and options to:

- Reject any or all Design Build Teams and re-advertise if deemed necessary

- Waive any or all formalities and technicalities

- Approve, disapprove, or cancel all services associated with the project

The County has yet to decide whether to select one or more other firms to provide some or all of the professional services described in this document. All selected firms will perform such services under the direct supervision of the Beaufort County Engineer.

Selection & Notification

The selected firms will be given written notification of being selected by the County. This work may be awarded in whole or in part at the sole discretion of the County. The County will negotiate and execute a contract with the selected firm(s) prior to the beginning of the actual services. Should contract negotiations fail, the County will negotiate with one or the other highly ranked firms. In general, the contract will comply with applicable laws and standard provisions and shall contain the following terms:

- Detailed scope of services

- Schedule for providing services

- Cost of services

RFP #080824 DOCUMENTS Page 10

Beaufort County Standards for Contracting

CHAPTER 1. TYPES OF SERVICES

1-1. Design/Build Services

CHAPTER 2. PROCEDURES FOR SELECTION OF DESIGN BUILD TEAMS

2-1. General 2-2. Objective 2-3. Proposal-Based Selection Procedures 2-4. Selection Criteria

CHAPTER 3. CONTRACT FORMAT AND PROVISIONS

3-1. Mandatory Contract Provisions 3-2. Time Overruns Beyond Control of the Design Build Team

CHAPTER 4. METHODS OF CONTRACTING AND ALLOWABLE COSTS

4-1. Allowable Costs 4-2. Nonallowable Costs 4-3. Fixed Payment

CHAPTER 5. BEAUFORT COUNTY STANDARD CLAUSES

5-1. Contract Requirements 5-2. Special Instructions

RFP #080824 DOCUMENTS Page 11

CHAPTER 1. TYPES OF SERVICES REQUIRED:

Design/Build Services

CHAPTER 2. PROCEDURES FOR SELECTION OF Design/Build Team

2-1. GENERAL

Proposal-based procedures require that a contract for Design/Build services be awarded pursuant to a fair and open selection process based on the qualifications and experience of the teams. The fees for such services are established following selection of a firm through a negotiation process to determine a fair and reasonable price.

2-2. OBJECTIVE

Teams employed for work on projects shall be responsible and possess the ability to perform successfully under the terms and conditions of the proposed procurement. Consideration shall be given to such matters as integrity, record of past performance, extent of experience with the type of services required by the sponsor, technical resources, and accessibility to other necessary resources.

2-3. PROPOSAL-BASED SELECTION PROCEDURES. The team shall be selected based on their qualifications and experience, with fees determined through negotiations following selection. The highest ranked offeror shall be selected, and price proposals shall be negotiated with one or more of the teams identified through the Proposal-based selection procedure.

2-4. SELECTION CRITERIA. Criteria include, but are not limited to, the following:

a) Knowledge and experience working on Beaufort County projects over the last five years.

b) Understanding of the permitting process required by state and county jurisdictions and approach to the process and ability to meet design and construction schedules.

c) History of the Combined Design-Build team and track record of meeting budgets.

d) Quality and breadth of experience as provided in the form of similar projects and references.

CHAPTER 3. CONTRACT FORMAT

3-1. MANDATORY CONTRACT PROVISIONS. All contracts involving State or Federal funds must contain the applicable procurement standards in 49 CFR 18.36. Listed below are those provisions which pertain to Design Build Team contracts:

a. Contracts shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms and provide for sanctions and penalties as may be appropriate.

b. Contracts over $10,000 shall contain suitable provisions for termination by the sponsor, including how it will be affected and the basis for settlement. In addition, contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the Design Build Team.

c. All negotiated contracts shall include provisions to the effect that sponsors, the Federal

RFP #080824 DOCUMENTS Page 12

Department of Transportation, the Comptroller General of the United States, or any of the duly authorized representatives shall have access to any books, documents, papers, and records of Design Build Teams which are directly pertinent to a specific grant program, for the purpose of making audits, examinations, excerpts, and transcriptions. Sponsors shall require Design Build Teams to maintain all required records for 3 years after the sponsor makes final payment and all other pending matters are closed.

d. In addition to the requirements contained in 49 CFR Section 23, Participation by Minority Business Enterprises in Department of Transportation Programs, and AC 150/5100-15, Civil Rights Requirements for the Airport Improvement Program, current edition, the Title VI, and Disadvantaged Business Enterprise Assurances in Appendix 1 shall be included in each contract.

3-2. TIME OVERRUNS BEYOND CONTROL OF THE TEAM.

Frequently, the Design Build Team is called upon to continue technical inspection services on construction contracts--overrunning the program schedule contemplated at the time of negotiation.

In most instances, the time element is beyond the control of the Design Build Team. To provide for the contingency of overrun of time, the agreement between the County and the Design Build Team will state the period for which the compensation shall apply and that the Design Build Team shall be reimbursed for services in excess of the specified period of time at a mutually acceptable fee negotiated at the time all the pertinent circumstances are known.

CHAPTER 4. METHODS OF CONTRACTING AND ALLOWABLE COSTS

4-1. ALLOWABLE COSTS.

a. Direct Salary Costs.

(1) Direct salary cost is defined as the cost of salaries of engineers, draftsmen, surveyors, stenographers, clerks, etc., for time directly chargeable to the project.

(2) Salaries or imputed salaries of partners or principals, to the extent that they perform technical or advisory services directly applicable to the project, are to be added to salary cost.

b. Overhead Costs. Overhead costs include overhead on direct salary costs and general and administrative overhead.

(1) Labor Overhead. Overhead on direct salary costs includes sick leave, vacation, and holiday pay; unemployment, excise, and payroll taxes; contributions for social security, employment compensation insurance, retirement benefits, and medical insurance benefits; and any other benefits customarily paid to or enjoyed by all employees. The allowable percentage for labor overhead allocable to a project is the ratio of (a) a firm's total direct labor overhead costs to (b) a firm's total direct salary costs (excluding overtime) for a given period, usually the average for the past 3 years.

(2) General and Administrative Overhead. General and administrative overhead includes the following indirect costs which are not directly attributable to specific projects.

(a) Provisions for office, light, heat, and similar terms for working space, RFP #080824 DOCUMENTS Page 13 depreciation allowances or rental for furniture, drafting equipment and engineering instruments, and office and drafting supplies not identifiable to specific projects.

(b) Taxes and insurance other than those included as salary cost but excluding state and Federal income taxes.

(c) Library and periodical expenses, and other means of keeping abreast of advances in engineering such as attendance at technical and professional meetings and subscriptions to trade, business, professional, or technical periodicals.

(d) Executive, administrative, accounting, legal, stenographic, and clerical salaries, and expenses (other than identifiable salaries included in salary costs and expenses included in reimbursable non-salary expenses, plus salaries or imputed salaries of partners and principals) to the extent that they perform general executive and administrative services as distinguished from technical or advisory services directly applicable to projects.

(e) Costs of memberships in trade, business, technical, and professional organizations.

(f) Incentive compensation for management employees, cash bonuses, suggestion awards, safety awards, and incentive compensation based on production, cost reduction, or efficient performance are allowable to the extent that the overall compensation is determined to be reasonable, and such costs are paid or accrued pursuant to an agreement entered into in good faith between the Design Build Team and the employees before the services are rendered or pursuant to an established plan followed by the Design Build Team so consistently as to imply, in effect, an agreement to make such payment. The allowable percentage for general and administrative overhead allocable to a project is the ratio of (a) all general and administrative costs to (b) total direct salary costs (excluding overtime) for a given period, usually the average for the past 3 years.

c. Direct Non-salary Expenses. Direct non-salary expenses usually incurred may include the following (detailed records must be kept supporting charges and allow auditing):

(1) Living and traveling expenses of employees, partners, and principals when away from the home office on business connected with the project. (Records must include employee name, dates, points of travel, mileage rate, lodging, and meals.)

(2) Identifiable communication expenses such as long-distance telephone, telegraph, cable, express charges, and postage, other than for general correspondence.

(3) Services directly applicable to the work such as special legal and accounting expenses, computer rental and programming costs, special Design Build Teams, borings, laboratory charges, commercial printing and bindings, and similar costs that is not applicable to general overhead.

(4) Identifiable drafting supplies and stenographic supplies and expenses charged to the sponsor's work as distinguished from such supplies and expenses that are applicable to two or more projects.

(5) Identifiable reproduction costs applicable to the work such as blueprinting, photosetting, mimeographing, printing, etc.

(6) Advertising costs which are solely for the recruitment of personnel required for the

RFP #080824 DOCUMENTS Page 14 performance by the Design Build Team of obligations arising under the contract.

4-2. NON-ALLOWABLE COSTS. The expenses listed below are not allowable for reimbursement:

a. Costs of amusement and social activities and incidental costs relating thereto such as meals, lodging, rentals, transportation, and gratuities.

b. Contributions and donations.

c. Bad debts, including losses due to uncollectible customer's accounts and other claims, related collection costs, and related legal costs, arising from other businesses of the Design Build Team.

d. Dividend provisions or payments and, in the case of sole proprietors and partners, distributions of profit.

e. Interest on borrowed capital.

f. Bonus payment for early completion of work.

4-3. FIXED PAYMENT. To all the estimated costs, including overhead, a percentage rate is applied to determine payment for profit, willingness to serve, and assumption of responsibility.

CHAPTER 5. BEAUFORT COUNTY STANDARD CLAUSES

CONTRACTUAL REQUIREMENTS

1.0 EXCUSABLE DELAY: The Contractor shall not be liable for any excess costs, if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the Contractor to meet the required delivery schedule.

2.0 S.C. LAW CLAUSE: Upon award of a contract under this Request for PROPOSALS, the person, partnership, association, or corporation to whom the award is made must comply with local and State laws which require such person or entity to be authorized and/or licensed to do business in Beaufort County. Notwithstanding the fact that applicable statutes may exempt or exclude the successful offeror from requirements that it be authorized and/or licensed to do business in Beaufort County, by submission of this signed Request for PROPOSALS the offeror agrees to subject itself to the jurisdiction and process of the Fourteenth Judicial Circuit Court of Beaufort County, as to all matters and disputes arising or to arise under the contract and the performance thereof including any questions as to the liability for taxes, licenses, or fees levied by State or local government.

3.0 OFFEROR’S PROPOSALS: Offeror 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 this Request for PROPOSALS. The Procurement Services Department reserves the right to

RFP #080824 DOCUMENTS Page 15 make the final determination as to the offeror’s ability to provide the services requested herein, before entering into any contract.

4.0 OFFEROR RESPONSIBILITY: Each offeror shall fully acquaint himself with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this Request for PROPOSALS. It is expected that this will sometimes require on-site observation. The failure or omission of an offeror to acquaint themselves with existing conditions shall in no way relieve him of any obligation with respect to this Request for PROPOSALS or to the contract.

5.0 AFFIRMATIVE ACTION: The Contractor will take affirmative action in complying with all

Federal and State requirements concerning fair employment and employment of the handicapped and concerning the treatment of all employees, without regard or discrimination by reason of race, religion, sex, national origin, or physical handicap.

6.0 PRIME CONTRACTOR RESPONSIBILITIES: The Contractor will be required to assume sole responsibility for the complete effort, as required by this RFP. The County will consider the Contractor to be the sole point of contact with regard to contractual matters.

7.0 SUBCONTRACTING: If any part of the work covered by this RFP is to be subcontracted, the

Contractor shall identify the subcontracting organization and the contractual arrangements made with same. All subcontractors must be approved, in writing by the County, or when applicable a political subdivision within the County with the County’s concurrence. The successful offeror will also furnish the corporate or company name and the names of the officers of any subcontractors engaged by the vendor. The County reserves the right to reject any or all subcontractors and require substitution of a firm qualified to participate in the work as specified herein.

8.0 OWNERSHIP OF MATERIAL: Ownership of all data, material, and documentation originated and prepared for the County pursuant to this contract shall belong exclusively to the County.

9.0 PERFORMANCE AND PAYMENT BONDS: (NOT Required for Professional Services) The successful Contractor shall furnish, within ten (10) days after written notice of acceptance of Request for PROPOSALS, Performance and Payment Bonds. Contractor shall provide and pay the cost of a both bonds. The Bonds shall be in the amount of one hundred percent (100%) the contract, issued by a Surety Company licensed in South Carolina with an “A” minimum rating of performance as stated in the most current publication of “Best’s Key Rating Guide, Property Liability” which shall show a financial strength rating of at least five (5) times the Contract Price.

The Bond shall be accompanied by a “Power of Attorney” authorizing the attorney-in-fact to bind the surety and certified to include the date of the bond.

10.0 NONRESIDENT TAXPAYERS: If the offeror is a South Carolina nonresident taxpayer and the contract amount is $10,000.00 or more, the offeror acknowledges and understands that in the event he is awarded a contract offeror shall submit a Nonresident Taxpayer Registration Affidavit (State form #1-312-6/94), before a contract can be signed. Affidavit must certify that the nonresident taxpayer is registered with the S.C. Department of Revenue or the S.C. Secretary of State’s Office, in accordance with Section 12-9-310(A) (2) (3) of S.C. Code of Laws (1976) as amended.

11.0 BUSINESS LICENSE In accordance with the Beaufort County Business License Ordinance, 99-

36, Article III, as enacted November 22, 1999, any business or individual generating income in the unincorporated area of Beaufort County is required to pay an annual license fee and obtain a

RFP #080824 DOCUMENTS Page 16 business license. The ordinance referenced is available on the Beaufort County website at www.beaufortcountysc.gov or by calling the Business License Administrator at (843) 255-2270 for a list of schedules.

12.0 ADDITIONAL ELIGIBILITY: Other Beaufort County Public Procurement units shall, at their option, be eligible for use of any contracts awarded pursuant to this Invitation.

13.0 INSURANCE REQUIREMENTS: Prior to commencing work/delivery hereunder, Contractor/Vendor, at his expense, shall furnish insurance certification showing the certificate holder as Beaufort County, P.O. Drawer 1228, Beaufort, SC 29901-1228, Attention: Procurement Services Director and with a special notation naming Beaufort County as an additional insured on the liability coverage. Minimum coverage shall be as follows:

(A) Worker’s Compensation Insurance - Contractor shall have and maintain, during the life of this contract, Worker’s Compensation Insurance for his employees connected to the work/delivery, in accordance with the Statutes of the State of South Carolina and any applicable laws.

(B) Commercial General Liability Insurance – Contractor shall have and maintain, during the life of this contract, Commercial General Liability Insurance. Said Commercial General Liability Policy shall contain Contractual Liability and Products/Completed Operations Liability subject to the following minimum limits: $1,000,000 Each Occurrence/ $2,000,000 General Aggregate and $2,000,000 Products/Completed Operations Aggregate naming Beaufort County as an additional insured.

(C) Comprehensive Automobile Liability Insurance - The Contractor shall have and maintain, during the life of this contract, Comprehensive Automobile Liability, including non-owned and hired vehicle, of at least $500,000 COMBINED SINGLE LIMIT.

(D) ADDITIONAL INSURANCE REQUIREMENT: Umbrella Liability Insurance – Contractor shall have and maintain, during the life of this contract, Umbrella Liability Insurance with a minimum limit of $2,000,000

(E) Professional Liability (Errors & Omissions) – The vendor shall maintain a limit no less than $1,000,000 per occurrence.

(F) The required insurance policy at the time of issue must be written by a company licensed to do business in the State of South Carolina and be acceptable to the County.

(G) The Contractor/vendor shall not cause any insurance to be canceled or permit any insurance to lapse. All insurance policies shall contain a clause to the effect that the policy shall not be canceled or reduced, restricted, or limited until fifteen (15) days after the County has received written notice, as evidenced by return receipt of registered or certified letter.

Certificates of

Insurance shall contain transcript from the proper office of the insurer, the location, and the operations to which the insurance applies, the expiration date, and the above-mentioned notice of cancellation clause.

(H) The information described above sets forth-minimum amounts and coverages and is not to be construed in any way as a limitation on the Contractor’s liability.

14.0 INDEMNITY:

The Contractor hereby agrees to indemnify and save harmless the County, its officers, agents, and employees from and against any and all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including attorney’s fees for trial and on

RFP #080824 DOCUMENTS Page 17 appeal of any kind and nature arising or growing out of or in any way connected with the performance of the Agreement, whether by act of omissions of the Contractor, its agents, servants, employees or others, or because of or due to the mere existence of the Agreement between the parties.

15.0 TERMINATION FOR DEFAULT:

15.1 The performance of Work under the Agreement may be terminated by the Procurement Services Director, in accordance with this clause, in whole or in part, in writing, whenever the Director of Procurement Services shall determine that the Contractor has failed to meet the performance requirements of this Agreement.

15.2 The Procurement Services Director has the right to terminate for default, if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement.

16.0 TERMINATION FOR CONVENIENCE: The County may without cause terminate this contract in whole or in part at any time for its convenience. In such instance, and adjustment shall be made to the Contractor, for the reasonable costs of the work performed through the date of termination.

Termination costs do not include lost profits, consequential damages, delay damages, unabsorbed or under absorbed overhead of the Contractor or its subcontractors, and/or failure to include termination for convenience clause into its subcontracts and material purchase orders shall not expose the County to liability for lost profits in conjunction with a termination for convenience settlement or equitable adjustment. Contractor expressly waives any claims for lost profit or consequential damages, delay damages, or indirect costs which may arise from the County’s election to terminate this contract in whole or in part for its convenience.

17.0 TERMINATION FOR NON-APPROPRIATIONS: Funds for this contract are payable from State and/or Federal and/or Beaufort County appropriations. In the event sufficient appropriations are not made to pay the charges under the contract it shall terminate without any obligation to Beaufort County.

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SPECIAL INSTRUCTIONS

1.0 INTENT TO PERFORM: It is the intent and purpose of Beaufort County that this request permits competition. It shall be the offeror’s responsibility to advise the Procurement Services Department if any language, requirements, etc., or any combinations thereof inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Procurement Services Department not later than ten (10) days prior to the Request for PROPOSALS opening date. A review of such notifications will be made.

2.0 RECEIPT OF REQUEST FOR PROPOSALS: Request for Proposals, amendments thereto, or withdrawal requests received after the time advertised for Request for Proposals opening will be void, regardless of when they were mailed.

3.0 PREPARATION OF REQUEST FOR PROPOSALS

3.1 All Requests for PROPOSALS should be complete and carefully worded and must convey all of the information requested by the County. If significant errors are found in the offeror’s Request for PROPOSALS, or if the Request for PROPOSALS fails to conform to the essential requirements of the RFP, the County and the County alone will be the judge as to whether that variance is significant enough to reject the Request for PROPOSALS.

3.2 Request for PROPOSALS should be prepared simply and economically, providing a straightforward, concise description of offerors capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content.

3.3 Each copy of the Request for PROPOSALS should be bound in a single volume where practical. All documentation submitted with the Request for PROPOSALS should be bound in that single volume.

3.4 If your Request for PROPOSALS includes any comment over and above the specific information requested in our Request for Request for PROPOSALS (RFP), you are to include this information as a separate appendix to your Request for PROPOSALS.

4.0 AMENDMENTS: If it becomes necessary to revise any part of the RFP, an amendment will be provided to all offerors who received the original Request for Request for PROPOSALS. The County shall not be legally bound by an amendment or interpretation that is not in writing.

5.0 ADDITIONAL INFORMATION: Offerors requiring additional information may submit their questions, in writing to the Procurement Services Department. Answers to questions received that should change and/or clarify this solicitation will be provided in writing to all offerors via an amendment.

6.0 ORAL PRESENTATION/DISCUSSIONS: Any offeror or all offerors may be requested to make an oral presentation of their Request for PROPOSALS to the County, after the Request for PROPOSALS opening. Discussions may be conducted with responsible offerors, who submit Request for PROPOSALS determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirement.

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Offerors shall be accorded fair and equal treatment with respect to any opportunity for discussions and revision of Request for PROPOSALS, and such revisions may be permitted after submissions and prior to award, for the purpose of obtaining best and final offers. The purpose of these presentations/discussions will be to:

(A) Determine in greater detail such offeror’s PROPOSALS.

(B) Explore with the offeror the scope and nature of the project, the offeror’s proposed method of performance, and the relative utility of alternative methods of approach.

(C) Determine that the offeror will make available the necessary personnel and facilities to perform within the required time.

(D) Agree upon fair and reasonable compensation, taking into account the estimated value of the required services/equipment, the scope and complexity of proposed project, and nature of such services/equipment.

7.0 FUNDING: The offeror shall agree that funds expended for the purposes of the contact must be appropriated by the County Council for each fiscal year included within the contract period.

Therefore, the contract shall automatically terminate without penalty or termination costs if such funds are not appropriated. In the event that funds are not appropriated for the contract, the offeror shall not prohibit or otherwise limit the County’s right to pursue and contract for alternate solutions and remedies, as deemed necessary by the County for the conduct of its affairs. The requirements stated in this paragraph shall apply to any amendment or the execution of any option to extend the contract.

8.0 AWARD: An award resulting from this request shall be awarded to the responsive and responsible offeror whose Request for PROPOSALS is determined to be most advantageous to the County, taking into consideration price and the evaluation factors set forth herein; however, the right is reserved to reject any and all Request for PROPOSALS received, and in all cases the County will be the sole judge as to whether an offeror’s Request for PROPOSALS has or has not satisfactorily met the requirements of this RFP.

9.0 PUBLIC ACCESS TO PROCUREMENT INFORMATION: No such documents or other documents relating to this procurement will be presented or made otherwise available to any other person, agency, or organization until after award. Commercial or financial information obtained in response to this RFP, which is privileged and confidential, will not be disclosed. Such privileged and confidential information includes information which, if disclosed, might cause harm to the competitive position of the offeror supplying the information. All offerors, therefore, must visibly mark as “Confidential” each part of their Request for PROPOSALS, which they consider containing proprietary information.

10.0 DEVIATIONS: Any deviations from the requirements of this RFP must be listed separately and identified as such in the table of contents.

11.0 ALTERNATES: Innovative alternative Request for PROPOSALS is encouraged, provided however, that they are clearly identified as such and all deviations from the primary Request for PROPOSALS are listed.

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12.0 GRATUITIES: It shall be unethical for any person to offer, or give, or agree to give any County employee or former County employee; or for any County employee or former County employee to solicit, demand, accept, or agree to accept from another person a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter pertaining to any program requirement, or a contract or subcontract, or to any solicitation or Request for PROPOSALS therefore.

13.0 KICKBACKS: It shall be unethical…