Solid_Waste_Collections.pdf

RFP #24106

Greenville County Issue Date: March 29, 2024

Procurement Services Division Opening Date: April 19, 2024

SOLID WASTE COLLECTIONS

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Robert Brewer, NIGP-CPP, CPPO, CPPB

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

Greenville County

Solid Waste Collections

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

XI. Pricing Proposal

Attachments:

A - COG Sub W9

B - Sample Services Agreement

C - SOLID WASTE COLLECTION SERVICES locations type unit

Title: Solid Waste Collections

1. Public Notice

Greenville County is soliciting sealed electronic proposals in response to Solid Waste Collections, 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, April 19, 2024, 2:00 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 12, 2024, 5:00 pm EDT.

2. Introduction

2.1. Summary

The County of Greenville is seeking proposals from qualified vendors to provide solid waste collection services at various locations throughout the County.

The County desires to enter into a one (1) year contract, with the possibility of four (4) annual renewals.

The County reserves the right to award this project to one or more vendors. The County reserves the right to add or delete locations to the contract. The County desires the contract to begin on July 1, 2024.

2.2. Contact Information

Keyona Spurgeon

Buyer

301 University Ridge

Greenville, SC 29601

Email: kspurgeon@greenvillecounty.org

Phone: (864) 467-4954

Department:

PROPERTY MANAGEMENT

2.3. Timeline

Release Project Date March 29, 2024

Pre-Proposal Meeting (Mandatory) April 9, 2024, 10:30am

Procurement Services Division

301 University Ridge

Suite N-2400

Greenville, SC 29601

Question Submission Deadline April 12, 2024, 5:00pm

Proposal Submission Deadline April 19, 2024, 2:00pm

Review of Proposals April 19 - May 3, 2024

Tentative Date of Award May 3, 2024

Contract Negotiations May 3 - May 17, 2024 mailto:kspurgeon@greenvillecounty.org tel:(864)467-4954

Issue the Notice to Proceed with Contract

Start Date of July 1, 2024

May 17, 2024

3. Scope of Work

3.1. Specifications

The vendor shall furnish all labor, equipment, materials, tools, insurance, supervision and all other items incidental and perform all work necessary as specified in the prescribed manner and time in accordance with this Request for Proposal. The vendor shall not charge any customer for services provided by the

County under the terms of the contract. All costs must be broken down and listed separately for equipment, rental, pulls, maintenance, service installations and/or any additional charges the county may incur through use of the contractor's services. A schedule of pulls, size of compactors, power requirements and /or any special considerations or requirements must be provided. Vendor must indicate if current units will be used and how they will be renovated for extended service (paint, hoses, motors, etc.).

The vendor shall be responsible for providing collection of refuse from designated public facilities. The vendor shall provide a list of other services that the company offers as a part of their services. The

County may unilaterally add, delete or change service locations with or without the approval or consent of the vendor. Additional service locations shall be assigned at the sole discretion of the county. The vendor shall perform the work as perform the work as provided in the RFP in a competent, qualified, diligent and efficient manner.

Note: The County reserves the right to award to one or more vendors.

3.2. Locations

The awarded vendor will provide solid waste collection services at the following locations:

FACILITY ADDRESS

Greenville County Courthouse 305 East North Street, Greenville, SC 29601

Greenville County Square 301 University Ridge, Greenville, SC 29601

Greenville County Health Department (? Correct Name) 352 Halton Road, Greenville, SC 29607

Vehicle Service Center 657 Keith Drive, Greenville, SC 29607

Greenville County Detention Center 20 McGee Street, Greenville, SC 29601

McAllister Square 225 South Pleasantburg Drive, SC 29607

Proposals must identify all equipment and services utilized for this type of service.

Note: The County reserves the right to add or delete locations to the contract.

3.3. Vendor's Responsibility

A. The vendor understands and agrees that they shall provide bulk container(s), and compactor(s), as designated to all service locations. The vendor shall be responsible for the provision or maintenance of bulk collection containers, and compactors.

B. The vendor shall provide all equipment necessary for the effective collection and removal of

Refuse.

C. The vendor shall keep all equipment clean, neat in appearance, and in good repair for effective equipment maintenance services.

D. Each vehicle shall have clearly visible on each side the identity and telephone number of the vendor.

E. Vendor agrees to provide adequate back up equipment such that uninterrupted service shall be maintained at all times.

F. The vendor shall maintain an office and maintenance facility within twenty-five (25) of the

County limits. The purpose of the maintenance facility is to ensure that the trucks can be quickly serviced in order to maintain collection service duties under the contract.

G. The vendor shall maintain a local telephone and qualified attendants as may be necessary to receive or process complaints or to receive instructions and direction from the County or their designee(s). The purpose of the office and telephone is to ensure communication between the

County and vendor and to receive any customer complaints.

1. The vendor further agrees to resolve all complaints involving missed pick-ups within one working day (eight work hours).

2. The vendor further agrees that ninety-five percent (95%) of all other complaints shall be resolved within twenty-four (24) hours of their receipt.

3. The vendor shall maintain forms indicating the time a complaint or request was received, the nature of the complaint or request and the disposition of the complaint or request. Such records shall be available for County inspection at all times during normal business hours.

Where a complaint is received on a day immediately preceding a holiday or on a Friday, it shall be serviced by the vendor no later than the next business day. Notwithstanding the above, under no circumstance shall any complaint go unresolved for more than two working days (sixteen work hours).

4. The vendor agrees to email or fax a weekly report of all complaints received and of all service locations unserved. The report shall indicate the name of the complaint, the address of the complainant, and service location, the date, day and time the complaint was received, the day and the time the complaint was resolved, how the complaint was resolved, and whether the complainant was notified of the resolution of the complaint. Vendor agrees to email or fax the weekly report no later than the Wednesday morning following the reporting period.

H. The vendor shall provide and maintain during the entire period of the contract a fleet of solid waste collection vehicles sufficient in number and capacity to perform the work and render the services required by the contract.

I. The vehicles must contain the refuse so that no material is spilled, leaked, or blown from the vehicle during its transit to the appropriate disposal site as specified by the County.

J. The vendor shall be responsible for locating and providing storage areas for all collection equipment at no cost to the County. The equipment storage shall comply with all local and state ordinances throughout the contract period.

K. It is the vendor's responsibility to supervise work in progress and to provide direction to its employees.

L. The vendor shall submit an emergency plan to the Property Management Manger.

1. No later than ten (10) working days prior to initiation of service, the vendor shall submit an emergency plan to the Property Management Manager which shall detail those actions which the vendor will take to deal with emergency situations which as extreme cold temperatures, snow/ice, fire, or natural disaster which would require a deviation from normal operating procedures. The emergency plan shall also include emergency phone numbers for the key headquarters, and for key contact persons, such that a responsible contact person is available to the County at all times. The emergency plan must also include customer notification procedures.

M. The vendor shall be responsible for maintaining and submitting reports on a weekly, monthly, and annual basis.

1. The vendor shall maintain all reports and shall make such information available to the

County for inspection during normal business hours and/or upon notice. The vendor shall maintain and provide to the Property Management Manager throughout the entire term of the agreement.

N. The vendor shall collect all refuse placed in authorized containers at specified Service Locations.

O. Vendor shall submit a unit cost proposal for the collection of other materials on a per hour basis for work projects such as disaster cleanups.

P. Vendor shall provide and maintain containers with the following features:

1. Plastic side doors and tops (no heavy metal lids or side doors which are hard to open)

2. No holes which may allow pests to enter.

3. Well painted with no rust or dents.

4. All compactors must be fitted with keyed safety locks to prevent unauthorized usage.

5. Bulk containers ranging in size from 2 cubic yards to 8 cubic yards and Compactors shall be permissible.

Q. The vendor shall be required to notify customers that collection vehicles should have clear access to the containers.

1. All refuse shall be placed within authorized collection containers.

2. Refuse placed outside the container will not be collected.

R. The vendor shall not block pedestrian vehicular passageways or access to buildings, gates or doorways.

1. Access to any pick up locations requiring the vendor to pass through a gate or the interior of a building in order to provide the services described herein shall be coordinated through the customer.

2. Any keys or gate cards issued to the vendor must be returned on a schedule as required by customer and are the vendor's responsibility to keep secure.

S. The vendor shall be solely responsible for all damages to containers and property resulting from the Contractor's actions or omissions.

1. The vendor shall provide the Property Management Manager with a full explanation of the disposition of any complaint involving a customer's claim or damage to private property as the result of actions or omissions of the vendor's employees, agent or subcontractors.

Damage claims must be resolved with forty (40) work hours.

2. The vendor shall notify all customers, at the vendor's expense, about complaint procedures, rules and regulations on an annual basis and whenever there is a change of service, day(s) of collection, procedures, etc. Notice is to be in the form of printed material distributed by the vendor to all service locations served by the vendor. All notices must be pre-approved by the Assistant County Administrator for Public Works prior to use.

3.4. Conduct of Employees

A. The vendor's employees who normally and regularly come into direct contact with the public shall bear some means of individual identification such as a uniform with name badges, nametags or identification cards.

B. The vendor shall ensure that employees serve the public in a courteous, helpful and impartial manner. All employees of the vendor in both field and office shall refrain from belligerent behavior and/or profanity, to the extent that such behavior negatively impacts the provision of service to customers, and others with whom the vendor and its employees come into contact during the performance of the contract. Corrections of any such behavior and language shall be the responsibility of the vendor.

C. In the event a report is received alleging an employee(s) of the vendor was wanton, discourteous, belligerent, profane or in any way intimidating, either physically or verbally, the vendor shall submit a written report to the Assistant County Administrator for Public Works outlining the complete details of the incident. Said report shall include the nature of the incident, time, date and location, and name, address and telephone number of the person alleging the violation. The report shall also include the name and title of the employee and what disciplinary action, if any, was taken. If an employee of the vendor is the subject of repeated or offensive allegations of the type described above, the County may request that the employee be barred from further work for the vendor in connections with the contract. Upon the County's request, the vendor shall, within ten days, comply with the County's request for the duration of the contract time.

D. Personnel shall provide collection service with as little noise and disturbance to the customer as possible.

E. No employee shall disturb or otherwise interfere with property that is not pertinent to the proper execution of his duties.

F. Care shall be taken to prevent damage to property, including shrubs, flowers and other plants.

G. The vendor shall be held responsible for any damage to customer's property, real or personal, which occurs by the vendor or the vendor's agent in the performance of the contract.

3.5. Collection

A. Days of Collection

1. Scheduled days of collection are limited to Monday through Saturday. No regularly scheduled collection shall be allowed on Sunday without the prior written approval of the

Property Managment Manager

B. Time of Collections

1. The vendor shall not start materials collection prior to 7:00 A.M. nor continue collections after 7:00 P.M. In an emergency, the vendor may request authorization from the Property

Management Manager to work beyond 7:00 P.M. The vendor may start collection at 6:30

A.M. during the summer.

C. Holidays

1. If the regular service day falls on a County recognized holiday, vendor may suspend service on that holiday, but vendor agrees to adhere to the established service frequency not withstanding said holiday. Where service is suspended, vendor shall provide service on the business day following the holiday, and vendor shall provide at least five (5) business days written notice of a change in collections service schedules to County and customer.

D. Solid Waste Disposal Facilities Inter-local Agreement

1. The vendor shall deliver or cause to be delivered all actual solid waste collected for the

County to designated solid waste disposal facilities. The location of the designated solid waste disposal facility is referred to in "Designated Disposal Facility". Failure to comply with these requirements is subject to the remedies described under "Charges for Improper

Disposal", which include termination.

E. Charges for Improper Disposal

1. Refuse collected from the Designated Collection Area(s) shall not be mixed or commingled. Allowing materials to be disposed of, at a facility other than a Designated

Disposal Facility, is considered a default condition. For the first occurrence of materials being disposed of at a non- Designated Disposal Facility, the vendor will be charged $5,000.

For each subsequent occurrence, $1,000 will be added to the charge (2nd occurrence, $6,000, 3rd occurrence, $7,000, etc.) the fifth occurrence will be considered a default condition, not amendable to cure.

F. Noise Ordinance Compliance

1. The vendor agrees to comply with all current and future noise ordinances.

G. Designated Public Facilities Collections

1. The vendor shall provide collection service to specifically Designated Public Facilities as listed below. Each Designated Public Facility shall be counted as one (1) service location.

H. Designated Disposal Facility

1. All refuse collected, shall be delivered to:

Twin Chimneys Landfill

11075 Augusta Road

Honea Path, South Carolina 29654

2. The vendor shall observe the hours of operation of this facility

I. Disposal

1. The vendor shall be required to dispose of all actual refuse at the Designated Disposal

Facility. The County reserves the right to change or alter the Designated Disposal Facilities from time to time. Should the County change any Designated Disposal Facilities to one in an area of greater distance than that previously designated, and provided such new Designated

Disposal Facility results in documented increased costs to the vendor, the vendor may request additional compensation from the County for its increased costs. Such request for change in costs must be based on the increased distance (if any) from the contract area and the disposal site, using the geographic center of the contract area as a base point. Likewise, if the distance to a new Designated Disposal Facility is decreased, the County may negotiate a lower fee for collection.

J. Hauling

1. All refuse and recycling hauled by the vendor shall be so contained, tied or enclosed that leaking, spilling or blowing are prevented. The vendor shall be fully and solely responsible for any consequential cleanup.

K. Responsibility for Materials Collected

1. All actual refuse collected under the contract is the property of Greenville County. Upon placement of materials collected in performance of the contract into the vendor's vehicle and transport of those materials to the Designated Disposal Facility, the materials become the sole and complete responsibility of the vendor. Once the materials have been disposed of, they shall again become the responsibility of the County. The foregoing, however, shall not be construed to prejudice any rights the County may have to control the disposal of such refuse and recyclables, including the designation of a Designated Disposal Facility for the manner or type of refuse and recyclables disposal. The foregoing, also, shall not be construed to prejudice any right vendor may have against any customer who places in a container, refuse other than non-hazardous solid waste which is permitted to be collected in vendor's vehicles and disposed of in a non-hazardous solid waste disposal facility.

L. Missed Collections

1. The County will investigate reports of missed collections. The vendor may, at its own expense, accompany the County contract monitor to investigate a missed pickup. The

County will make the final determination of a missed pickup. If a missed collection is verified, the County will notify the vendor of the date and area in which the missed collection occurred.

2. Missed collections confirmed by the County are a default condition under the contract. The vendor will have a cure period of eight (8) working hours to pick up the missed collection. If the vendor fails to meet the eight (8) working hour cure period, the vendor will be charged

$200 per occurrence for the first ten occurrences in any 30-day period. Starting with the

11th missed cure collection in any 30-day period, the County may, at its option, perform the missed cure collection and charge the vendor $400 per occurrence.

3. The County also retains the options to consider any missed cure collections a default of the conditions of the contract, at which time the County may take any of the following actions, which are required in order to ensure the continued collection of solid waste and other materials in protection of the health and welfare of the County's residents.

a. At its option, the County may take possession of and use all of the vendor's equipment, records, and facilities used, in whole in part, in the performance of the contract. In the event that the vendor's equipment and/or facilities are secured, the County shall have the right to negotiate a lease arrangement with the security holder for the use of the equipment and/or facilities.

b. Within twenty-one (21) days of taking control of said equipment, the County shall inform the vendor of its intent to lease or buy said equipment and facilities. At that time the County will initiate negotiations with the vendor to determine the fair market price for such lease or purchase.

c. Within forty-five (45) days of taking control of said equipment and facilities, the County will make an offer to the vendor for lease or purchase and shall escrow the amount offered until negotiations are completed.

d. Employ such means as it may deem advisable and appropriate to continue work until the matter is resolved and the vendor is again able to carry out operations under the contract.

e. Deduct any and all operating expenses incurred by the County from any money Then due or to become due the vendor and, should the County's cost of continuing the operation exceed the amount due the vendor, collect the amount due either from the vendor or assert a lien on all real and personal properties of the vendor.

3.6. Payment

The vendor shall submit a monthly payment request to the County for services performed the previous month. The County shall pay the vendor within thirty {30} days of receipt of an invoice by the County.

The County shall deduct any assessments due from the payment owed the vendor.

Payment requests shall be accompanied by data supporting the payment request as necessary, in the

County's opinion, to substantiate the vendor's right to remittance of the amounts requested.

Payment requests shall also be accompanied by certification from the vendor that it has fully and properly performed all items of work covered by the payment request, that all insurance and bonds required are in full force and effect, that all subcontractors and suppliers have been paid from previous requests, and that it is not in default under any provision of the Contract. There shall be no penalty or purposed "late fee" assessed the County.

Subsequent changes in the number of service location refuse containers and/or changes in the frequency of collection shall be handled by the Property Management Division per County's written request for new services or changes in existing services.

Should the County dispute any portion of the payment request, it shall, within thirty (30) days, furnish a detailed itemized explanation of such objection, which cites its authority under the contract to withhold such payments. Such amounts shall be submitted to the Assistant County Administrator for Public Works for settlement via the Dispute Resolution Procedures. All amounts not in dispute shall be paid within thirty (30) days following receipt by the County of such payment request, subject to withholding as otherwise provided hearin. There shall be no additional cost paid by the County unless the County has directly caused the incurrence of the cost. If the vendor withes to see compensation for such costs, then the vendor shall submit such a request with appropriate supporting information and cost records for the

County to evaluate. If any additional costs are paid by the County, it shall be pursuant to an amendment as provided in "Amendments to the Contract".

The price paid for refuse collection shall be calculated as follows:

l. Number of compactor(s) serviced in designated public facilities times the price per pick-up, plus other charges for container rental.

2. Any invoice which does not conform to established frequencies pre-approved by the County, may at the discretion of the County, be returned to the vendor without payment.

Note: The County reserves the right to reduce or increase the service frequency as needed.

4. Instructions to Offerors

4.1. Pre-Proposal Meeting

A Mandatory Pre-Proposal meeting will be held at the date and time specified in the Timeline. A mandatory site visit will follow. Vendors are encouraged to RSVP for the meeting through the OpenGov portal. The RSVP link is in the header of the solicitation.

4.2. Pricing

Vendors shall include pricing in the Pricing Proposal

4.3. Bonding

Bonding will not be required for this project.

4.4. Statement of Qualifications

Vendor shall include the following with their response:

• Overview of company background.

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

• Corporate/individual qualifications and experiences, including certifications.

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

• Brief description of services and any printed materials or brochures that your company is providing.

4.5. Submission Procedures and Requirements

A. All submissions must be received by Friday, April 19, 2024 at 2:00 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 https://procurement.opengov.com/portal/greenvillecounty/projects/85075/document?section=764676

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 INTERESTon all policies of insurance except Worker’s Compensation, Automobile Liability, and Professional Errors and

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

“Additional Insured” provision.

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

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

County's RFP #RFP #24106.

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

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

1. Comprehensive General Liability:

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

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

2. Automobile Liability:

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

3. Statutory Worker's Compensation:

a. Coverage A - State of SC

b. Coverage B - Employers liability

i. $1,000,000 Each Accident

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

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

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

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

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

7. Evaluation Phases

The 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 1 (25% of Total)

2. Previous experience with projects of similar scope and size 0-5 Points 1

(25% of Total)

3. Cost 0-5 Points 1 (25% of Total)

4. References 0-5 Points 1 (25% of Total)

8. Terms and Conditions

8.1. Safety, Health, and Security

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

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

8.2. Response Opening and Award:

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

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

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

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

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

8.3. Rights Reserved by Greenville County:

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

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

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

8.4. Responders Qualification:

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

8.5. Responders Responsibility:

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

8.6. References:

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

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

8.7. Waiver:

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

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

8.8. Rejection:

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

8.9. Response Signature and Solicitation Alterations:

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

8.10. Specification Changes, Additions and Deletions:

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

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

8.11. Response Changes:

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

8.12. Response Price:

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

8.13. Federal, State and Local Laws:

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

8.14. Tie Bids:

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

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

8.15. Deduction and Holdbacks:

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

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

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

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

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

8.16. Evaluation Criteria:

The proposals will be evaluated on the following criteria utilizing the Evaluation Phases included in this

RFP. Greenville County reserves the right to interview responders or ask for demonstrations to this RFP at its discretion. Greenville County will not be responsible for any costs associated with interviews of https://secure.procurenow.com/portal/greenvillecounty/projects/85075?section=764666 responders or demonstrations.

8.17. Quality:

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

8.18. MBE/WBE Participation – Affirmative Action: a)

A. MBE/WBE – Vendors submitting responses are encouraged to solicit MBE/WBE participation in fulfilling their contract. Indicate in your response any MBE/WBE areas of involvement for monitoring purposes.

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

8.19. Default:

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

8.20. Termination for Cause:

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

8.21. Termination for Convenience:

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

8.22. Non-Appropriation:

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

8.23. Incorporation of Proposal into Contract:

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

8.24. S.C. Law Clause:

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

State.

8.25. Illegal Immigration Reform Act Compliance:

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

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

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

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

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

8.26. Assignment Clause:

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

8.27. Indemnification:

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

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

8.28. Deviations from Specifications:

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

8.29. Minor Deviations:

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

8.30. Contractor License Requirement:

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

8.31. Conflict of Interest Statement:

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

8.32. Contracts:

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

8.33. Contractor Liability:

The contractor assumes full responsibility for all injuries to, or death of any person and for all damage to property, including property and employees of the…