Splash_Pad_Surface_Rehabilitation_and_Tile_Removal_at_Ashley_River_Park.pdf

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

INVITATION FOR BID

No. 2026-49

Splash Pad Surface Rehabilitation and Tile Removal at Ashley

River Park

Publish Date February 19, 2026

Last Day for Questions February 25, 2026, 5:00pm

Bid Opening March 3, 2026, 1:30pm

Table Of Contents

1. SECTION ONE: SPECIFICATIONS

1.1. General Description

1.2. Anticipated Project Timeline

1.3. Scope of Work

1.4. Examination of Conditions Affecting Work

2. SECTION TWO: SPECIAL INSTRUCTIONS AND SOLICITATION-SPECIFIC TERMS

2.1. Written Questions Deadline

2.2. Bid Submittal Process

2.3. Bid Submittal Deadline

2.4. Term of Agreement

2.5. Payment to Contractor

2.6. Shipping

2.7. Permits and Licenses

2.8. Security Required

2.9. Bid Holding Time

2.10. Additional Information

3. SECTION THREE: TERMS AND CONDITIONS

3.1. Preparation, Submission and Withdrawal of Proposals

3.2. Non-Collusion Certification Requirements

3.3. Bidder Representations

3.4. Award of Contract

3.5. Notice of Award of Contract

3.6. Contract Document

3.7. Inspections and Testing

3.8. Modification

3.9. Notice to Proceed

3.10. Bidder's Qualifications

3.11. Subcontractors

3.12. Indemnification

3.13. Termination

3.14. State and Local Taxes

3.15. Drug-Free Workplace Act

3.16. Insurance Requirements

3.17. Utilization by Other Public Agencies Clause

3.18. All County Departments Eligible to Purchase

3.19. Confidential Information

3.20. Intellectual Property

4. SECTION FOUR: SAMPLE CONTRACT

4.1. Sample Contract

5. SECTION FIVE: ATTACHMENTS, REQUIRED FORMS AND INFORMATION

5.1. Bid Proposal

5.2. Vendor Questionnaire

5.3. Attachments and Exhibits

Attachments:

A - Request for Substitution Form

1. SECTION ONE: SPECIFICATIONS

1.1. General Description

Dorchester County is soliciting sealed bids from qualified contractors to furnish all labor, materials, tools, equipment, and supervision necessary to refurbish the entire splash pad surface (approximately 5900 square feet), including tile removal and concrete reconstruction of the river feature. Splash pad is located at Ashley

River Park, the address of which is 200 Renken Road, Summerville, SC 29483. The current surface consists of a yellow-toned concrete with a decorative blue tile river feature embedded through the pad. Contractors are encouraged to visit the site during normal park hours to verify quantities and existing conditions.

Contractor must have prior experience installing splash pad or aquatic surface coating systems.

1.2. Anticipated Project Timeline

Due to operational needs associated with the upcoming splash pad season, this project requires an accelerated schedule. The Contractor shall commence work immediately upon Notice to Proceed and achieve substantial completion within ten (10) calendar days, weather permitting. The anticipated timeline is provided below.

Bid Opening: March 3

Bid Award and Contract Execution: Complete by March 10

Notice to Proceed/Work Commencement: March 13

Substantial Completion: March 23

1.3. Scope of Work

A. Surface PreparationContractor shall:

o Address all cracks, spalling, and surface defects o Pressure wash and clean the entire splash pad o Mechanically prepare surface as required for adhesion o Protect splash pad jets and equipment o Mask and protect adjacent surfaces, landscaping, walls, fences, and structures

B. Removal of River Tile & Surface ReconstructionThe existing decorative “river” tile feature shall be completely removed and the splash pad surface restored to a single continuous coated concrete surface.

Contractor shall verify depth of tile removal and repair to ensure finished elevations maintain proper drainage toward splash pad drains.Contractor shall:

o Carefully remove all existing river tile, grout, and associated materials.

o Dispose of removed materials offsite in accordance with applicable regulations.

o Mechanically clean and prepare the exposed substrate.

o Fill and rebuild the river channel area using polymer-modified concrete repair material or approved equal.

o Re-establish the surface elevation flush with the surrounding splash pad.

o Grind and smooth repaired areas to ensure a uniform, continuous surface profile suitable for coating application.

o Ensure repairs are structurally sound and compatible with the selected coating system.

o Prepare the entire splash pad to receive a continuous resurfacing system with no remaining tile or transitions.

C. The final finished condition shall result in a single, continuous, slip-resistant splash pad surface with no exposed tile elements.

D. Coating System – Basis of DesignThe resurfacing system shall be applied to the entire splash pad surface following removal and reconstruction of the river tile area. The finished surface shall be continuous across the entire pad. The resurfacing system shall be based on the following materials:Basis of Design:

o Sundek chemical additive / bonding agent o Sundek basecoat system o TuffCoat UT-200 series or comparable flexible, water-based non-skid coating o Sundek finish coat protectant

• or approved equal meeting the following requirements:

o Designed for splash pad, aquatic, and wet-play environments o Slip-resistant finish o UV resistant o Flexible coating capable of accommodating minor concrete movement o Compatible with chlorinated and treated water exposure o Suitable for pedestrian recreation use

E. The system shall provide full surface coverage of the splash pad.

F. Color & Finish o Splash pad main surface: one color o River feature: one contrasting color o Etched writing/graphics (if applicable): one color o Final colors to be approved by Parks & Recreation prior to installation

G. Protective TopcoatContractor shall apply a protective sealer/finish coat compatible with the system to:

o Protect against UV exposure o Protect against wear and abrasion o Improve durability in aquatic use

H. Cleanup & Site RestorationContractor shall:

o Remove all masking, debris, and materials o Leave the site clean and operational o Protect adjacent facilities during work

I. ScheduleDue to the approaching splash pad season opening, this project is time-sensitive and must be expedited.Upon issuance of Notice to Proceed, the Contractor shall:

o Mobilize immediately o Complete all work within ten (10) calendar days, weather permitting

J. WarrantyContractor shall provide:

o Minimum one (1) year warranty on materials and workmanship o Manufacturer warranty documentation for coating system

K. SubstitutionsContractors proposing products other than Sundek/TuffCoat must complete the Substitute

Request Form found in Section and email to RDantzler@DorchesterCountySC.gov prior to deadline for questions. Any approved substitute products will be included in an addendum after review. Substitution requests must include the information below.

o Product data sheets o Installation requirements o Slip resistance data o Aquatic environment suitability documentation o Warranty information o Project references

L.

1.4. Examination of Conditions Affecting Work

mailto:RDantzler@DorchesterCountySC.gov

Contractor shall examine and thoroughly familiarize himself with all existing conditions including all applicable laws, ordinances, rules, and regulations that will affect his work, prior to submitting a bid. It is the responsibility of the contractor to ascertain by any reasonable means all conditions that will in any manner affect his work. Contractor shall contact the Purchasing Services Manager for any additional information that he deems necessary for him to be fully informed as to exactly what is to be expected, prior to submitting a bid. This, however, shall not relieve the Contractor of the necessity for fully informing himself as to existing physical conditions.

2. SECTION TWO: SPECIAL INSTRUCTIONS AND SOLICITATION-SPECIFIC

TERMS

2.1. Written Questions Deadline

The last day and time for submittal of written questions shall be no later than Wednesday, February 25, 2026 at 5:00 pm.

2.2. Bid Submittal Process

Bids must be submitted electronically through the OpenGov Procurement Portal. County Bids may be found by visiting the following link:

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

2.3. Bid Submittal Deadline

Bids will be received until Tuesday, March 3, 2026 at 1:30 pm, after which time they will be publicly read. Late bids will not be accepted. Bidders are invited to attend the opening of this bid at the time stated above. Virtual attendance is also available using the instructions below.

Microsoft Teams Meeting

Join: https://teams.microsoft.com/meet/27147156588854?p=4sweYpbDgCHqji9sBj

Meeting ID: 271 471 565 888 54

Passcode: xF7gN2LU

Dial in by phone

+1 843-790-4118,,292619017# United States, Charleston

Find a local number

Phone conference ID: 292 619 017#

2.4. Term of Agreement

Substantial completion must be achieved within Ten (10) days of Notice to Proceed.

2.5. Payment to Contractor

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

https://procurement.opengov.com/portal/dorchestercountysc https://teams.microsoft.com/meet/27147156588854?p=4sweYpbDgCHqji9sBj tel:+18437904118,,292619017 https://dialin.teams.microsoft.com/914f063f-b72a-4906-a005-c2e9adeec319?id=292619017

2.6. Shipping

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

2.7. Permits and Licenses

The successful Bidder shall, without additional expense to the County, be responsible for obtaining and maintaining all necessary licenses and permits required by the State of South Carolina, a municipality or the County or any other authority having jurisdiction.

2.8. Security Required

2.8.1. Bid Security

Any bid over $25,000 must be accompanied by a bid bond acceptable to the County. Bid bonds must be issued by a corporate surety registered and authorized to do business in the State of South Carolina. Bid bonds shall be payable to the County, shall be for at least five (5%) percent of the total amount of the bid, and shall serve as a guarantee deposit that the bid will be carried out to the complete satisfaction of the

County. In lieu of a bond, Bidder may submit a certified check or cashier’s check in aforesaid amount payable in U.S. funds.

2.8.2. Forfeiture of Bid Security

Nonperformance by the successful Bidder, or its failure to execute the Contract and meet performance and payment bond requirements and insurance requirements within Five (5) Business Days after issuance of

Notice of Award, shall result in its bid security being forfeited as liquidated damages, and the Notice of

Award and Contract will be rescinded and awarded to another Bidder. Withdrawal of a bid after the opening date and time but prior to final award after the opening date, may also result in forfeiture of bid security.

2.8.3. Return of Bid Security

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

2.8.4. Payment and Performance Security

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

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

Performance

Bond:

100% of the total amount of the Contract.

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

Carolina agent.

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

2.9. Bid Holding Time

Bids must remain valid for at least sixty (60) days from opening.

2.10. Additional Information

Questions or clarifications concerning this invitation should be posted to the solicitation on the OpenGov

Procurement portal at the link provided above, or only directed by email to Rebecca Dantzler at

RDantzler@DorchesterCountySC.gov. Contact with other County personnel during the bid process may result in a determination of non-responsiveness for any bid submitted by your firm.

mailto:RDantzler@DorchesterCountySC.gov

3. SECTION THREE: TERMS AND CONDITIONS

3.1. Preparation, Submission and Withdrawal of Proposals

A. Bids for this solicitation must be submitted electronically through the County’s OpenGov Procurement

Portal. No other method of submission is authorized.

B. Bids shall not be submitted by email, fax, hand delivery, mail, courier, or any other means. Any bid or pricing information received outside of OpenGov — including bids emailed to County staff — will be considered an unauthorized and non-responsive submission and will not be opened, accepted, or considered.

C. If bid security is required, it may be uploaded electronically through OpenGov. If a bid bond is uploaded electronically, the Purchasing Services Manager may, at their discretion, require the apparent low bidder to provide the original physical bond after bid opening. If a certified check is submitted in lieu of a bid bond, it must be mailed or hand-delivered in a sealed envelope clearly marked “Bid Bond,” along with the Solicitation Number and Title. Bid security must be received by the Purchasing Division no later than the bid opening date and time.

D. Dorchester County is not responsible for bids not received due to technical issues, user error, connectivity problems, or failure to complete the submission process in OpenGov prior to the deadline.

E. Bids may be withdrawn by the Bidder prior to the time set for opening of bid, but not thereafter.

F. Bidders shall promptly notify the Dorchester County Purchasing Office, in writing, and no later than the last date and time for the submittal of written questions, of any ambiguity, inconsistency or error which they may discover upon examination of the IFB documents or the project premises and local conditions.

G. Bidders requiring clarification or interpretation of the IFB documents shall make a written request which must be received at the Dorchester County Purchasing Office no later than the last date and time for submittal of written questions.

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

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

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

3.2. Non-Collusion Certification Requirements

A. Each bid submitted in response to this solicitation shall include an electronic non-collusion certification.

By submitting a bid, the Bidder affirms that its response is genuine and not collusive or sham and that the https://www.dorchestercountysc.gov/purchasing

Bidder has not colluded, conspired, or agreed with any other bidder or person to fix prices, restrict competition, or otherwise undermine the competitive procurement process.The electronic submission of a bid constitutes the Bidder’s legally binding certification and execution of this requirement, and no notarized affidavit is required.

3.3. Bidder Representations

A. Each Bidder by submitting a bid represents that:

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

2. The Bidder has reviewed the IFB, has become familiar with the local conditions under which the Work is to be performed, and has correlated personal observations with the requirements of the proposed

Contract Documents.

3. The bid is based on the terms, materials, systems and equipment required by this IFB, without exception.

4. The Bidder is qualified to provide the services and equipment required under this IFB and, if awarded the Contract, will do so in a professional, timely manner using Bidder's best skill and attention.

3.4. Award of Contract

A. Award of Contract will be made to the lowest responsive and responsible bidder(s) whose bid, conforming to the IFB, is most advantageous to the County, price and other factors considered. The County reserves the right to make multiple awards based on the capacity of each Bidder, beginning with the Lowest

Responsible Bidder.

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

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

D. The County reserves the right to request the contractor/vendor’s latest financial statements and other such additional information as may be reasonably necessary to determine whether the contractor/vendor should be awarded the contract.

E. For debriefings, protests and appeals after the award of a contract, contractors are advised to consult the

Procurement Policy Manual located on the Dorchester County website at:

www.dorchestercountysc.gov/purchasing.

3.5. Notice of Award of Contract

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

http://www.dorchestercountysc.gov/purchasing

B. The successful Bidder shall be required to submit acceptable Insurance Certificate(s) and Endorsement(s) within Five (5) Business Days after the issuance of the Notice of Award.

3.6. Contract Document

A. The successful Bidder shall be required to execute a formal contract within Ten (10) business days after issuance of a Letter of Intent to Award.

B. Said Contract shall be virtually identical in substance and form to the Sample Contract contained herein.

The only anticipated changes will be to include additional exhibits, to fill in the blanks to identify the successful Bidder, and terms relating to compensation, or to revise the contract to accommodate corrections, changes in the scope of work, or changes pursuant to addenda issued prior to the bid opening.

C. Because the signed contract will be substantively and substantially derived from the Sample Contract, Bidder is urged to seek independent legal counsel as to any questions about the terms, conditions or provisions contained in the Sample Contract, before submitting a bid. Again, the Sample Contract, contains important legal provisions and is considered part and parcel of this IFB.

D. Bidders should raise any questions regarding the terms of the Contract, or submit requested changes in said terms, in the form of written questions or submittals, subject to the deadline for questions.

E. Failure or refusal to sign aforesaid Contract shall be grounds for the County to revoke any Letter of Intent to Award which has been issued, for the bidder to forfeit their bid security, and for the County to award the Contract to another Bidder.

3.7. Inspections and Testing

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

Documents will be charged to Contractor, and the Contract Sum will be adjusted by Change Order.

3.8. Modification

A. The County has defined this section in the Sample Contract.

3.9. Notice to Proceed

A. A Notice to Proceed will be issued after the successful Bidder has executed the Contract and has submitted acceptable performance and payment bonds (if applicable) to the County as well as other submittals specified herein as required to be delivered before the Notice to Proceed is issued.

B. The successful Bidder shall not deliver any equipment to the work site or commence work until the successful Bidder has received a written Notice to Proceed from the Purchasing Services Manager.

3.10. Bidder's Qualifications

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

3.11. Subcontractors

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

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

Data Report Form included herein.

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

Purchasing Services Manager.

C. The successful Bidder shall be responsible for all services performed by a subcontractor as though they had been performed by the successful Bidder. Responsibilities include, but are not limited to, compliance with any applicable licensing regulations.

D. If at any time the Purchasing Services Manager determines that any subcontractor is incompetent or undesirable, the director shall notify the successful Bidder accordingly, and the successful Bidder shall take immediate steps for cancellation of the subcontract and replacement.

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

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

3.12. Indemnification

A. The County has defined this section in the Sample Contract.

3.13. Termination

A. The County has defined this section in the Sample Contract.

3.14. State and Local Taxes

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

B. The successful Bidder shall calculate that portion of the Contract which is subject to the seven percent

(7%) sales and/or use tax, which amount shall be itemized and shown on all invoices, and shall be paid to

South Carolina Department of Revenue (SCDOR) by Contractor. If the successful Bidder is a non-South

Carolina company, the County will withhold said amount from all invoices and remit payment to the

SCDOR, unless the Contractor furnishes County with a valid South Carolina Use Tax Registration

Certificate Number.

C. The successful Bidder shall indemnify and hold harmless the County for any loss, cost, or expense incurred by, levied upon or billed to the County as a result of the successful Bidder’s failure to pay any tax of any type due in connection with this Contract.

D. The successful Bidder shall ensure that the above sections are included in all subcontracts and sub-subcontracts, and shall ensure withholding on out of state sub and sub- subcontractors to which withholding is applicable.

3.15. Drug-Free Workplace Act

A. By submitting an offer, Bidder certifies that, if awarded a contract, Bidder will comply with all applicable provisions of the Drug-Free Workplace Act, Section 44-107-10, et seq., South Carolina Code of Laws, 1976, as amended.

3.16. Insurance Requirements

The successful bidder shall procure, maintain, and provide proof of, insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the County by the bidder, his agents, representatives, employees or subcontractors. Proof of coverage as contained herein shall be submitted prior to the commencement of work and such coverage shall be maintained by the bidder for the duration of the contract period; for occurrence policies.

3.16.1. General Liability

A. Coverage shall be as broad as: Comprehensive General Liability endorsed to include Broad Form, Commercial General Liability form including Products/Completed Operations.

Minimum Limits - General Liability:

$1,000,000 General Aggregate Limit

$1,000,000 Products & Completed Operations

$1,000,000 Personal and Advertising Injury

$1,000,000 Each Occurrence Limit

$50,000 Fire Damage Limit

$5,000 Medical Expense Limit

3.16.2. Automobile Liability

A. Coverage sufficient to cover all vehicles owned, used, or hired by the bidder, his agents, representatives, employees or subcontractors.

Minimum Limits - Automobile Liability:

$1,000,000 Combined Single Limit

$1,000,000 Each Occurrence Limit

$5,000 Medical Expense Limit

3.16.3. Workers' Compensation

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

3.16.4. Owners' & Contractors' Protective Liability

A. Policy will be in name of County. Minimum limits required are $1,000,000. Required if work is defined as a construction project where the bid total exceeds $1,000,000.

3.16.5. Professional Liability

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

3.16.6. Coverage Provisions

A. All deductibles or self-insured retention shall appear on the certificate(s).

B. The County of Dorchester, its' officers/ officials, employees, agents and volunteers shall be added as

"additional insured" as their interests may appear. This provision does not apply to Professional Liability or Workers' Compensation/Employers' Liability.

C. The offeror's insurance shall be primary over any applicable insurance or self-insurance maintained by the County.

D. Shall provide 30 days written notice to the County before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable.

E. All coverage for subcontractors of the bidder shall be subject to all of the requirements stated herein.

F. All deductibles or self-insured retention shall appear on the certificate(s) and shall be subject to approval by the County. At the option of the County, either; the insurer shall reduce or eliminate such deductible or self-insured retention; or the bidder shall be required to procure a bond guaranteeing payment of losses and related claims expenses.

G. Failure to comply with any reporting provisions of the policy(s) shall not affect coverage provided the

County, its officers/officials, agents, employees and volunteers.

H. The insurer shall agree to waive all rights of subrogation against the County, its' officers/officials, agents, employees or volunteers for any act, omission or condition of premises which the parties may be held liable by reason of negligence.

I. The bidder shall furnish the County certificates of insurance including endorsements affecting coverage.

The certificates are to be signed by a person authorized by the insurance company(s) to bind coverage on its' behalf, if executed by a broker, notarized copy of authorization to bind, or certify coverage must be attached.

J. All insurance shall be placed with insurers maintaining an A.M. Best rating of no less than an A:VII. If

A.M. Best rating is less than A:VII, approval must be received from County’s Risk Manager.

3.17. Utilization by Other Public Agencies Clause

A. The use of this solicitation and resulting contract shall be made available to other local governmental agencies and agencies established for the public benefit (“Public Agencies”). The parties agree to allow other governmental agencies to enter into separate agreements with the Contractor under the terms and prices in effect between the County and the Contractor. The parties also agree that any other agency utilizing the terms and prices of this agreement shall not be deemed to be an agent or employee of the

County of Dorchester for any purpose whatsoever. The parties further agree that any Public Agency will enter its own separate contract with the Contractor.

B. The County is not otherwise responsible for the Public Agencies’ performance of the Contract between the individual Public Agencies and the Contractor or for any obligation or liability accruing to the Public

Agencies in the performance thereof. The Public Agencies and the Contractor further agree to waive any rights they may have in making the County of Dorchester a party to a dispute between a Public Agency and the Contractor.

C. The County may advertise the resulting contract to other public agencies for their use as described in 17.1 on third-party platforms.

3.18. All County Departments Eligible to Purchase

A. This solicitation may be issued by a specific department, but the County shall have the discretion to permit

ALL County departments, divisions, or other business units to purchase the goods or services solicited at the terms, conditions, and pricing as agreed-upon in the contract resulting from the solicitation. Expansion of the contract to include other County departments, divisions, or other business units may be accomplished by purchase order, change order, or amendment, as determined by the Purchasing Services

Manager.

3.19. Confidential Information

A. Bidders must clearly mark as “confidential” each part of their response which they consider to be trade secrets or information of a personal nature that could be exempt from disclosure under the South Carolina

Freedom of Information Act (SCFOIA) as set forth in Chapter 4, Title 30, of the South Carolina Code of

Laws, 1976, as amended. The County reserves the right, in its sole discretion, to determine whether this information should be exempt from disclosure and no legal action may be brought against the County or its agents for its determination in this regard. Upon receipt of a bid package by the County the submittal shall become the property of the County without compensation to the bidder, for disposition or usage by the County at its discretion. The details of the bid documents will remain confidential until final award, except for sections that are marked “confidential” as explained above and except as required by law.

3.20. Intellectual Property

A. Any information, data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the bidder shall be kept as confidential information of the County and not divulged or made available to any individual or organization except as required by law. Such information, data, instruments, documents, studies, reports or deliverables will be the sole property of the County and not the bidder.

B. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks, and trade secrets invented, developed, created or discovered in performance of this contract shall be property of the County.

4. SECTION FOUR: SAMPLE CONTRACT

4.1. Sample Contract

STATE OF SOUTH CAROLINA

COUNTY OF DORCHESTER

THIS CONTRACT (hereinafter the “Contract”) entered into this day of (Month) 2020, between the

COUNTY OF DORCHESTER, South Carolina, a public body corporate and politic and political subdivision of the State of South Carolina, (hereinafter the "County") and (NAME OF

COMPANY/INDIVIDUAL), a (State Name) Sole Proprietorship/Partnership/Corporation, Limited

Liability Corporation (choose one), the address of which is Street, City, State, Zip (hereinafter the

"Contractor"), (“Party” as to each; collectively the “Parties”).

W I T N E S S E T H:

WHEREAS, the County wishes to contract for the provision of [SERVICES], as described in

[Invitation for Bids or Request for Proposals] No. [#] (“Work” and/or “Services”); and

WHEREAS, the Contractor has represented to the County that its staff is qualified to provide the Work and perform this Contract in a professional and timely manner; and

WHEREAS, the County has relied upon the above representations by the Contractor; and

NOW, THEREFORE, for and in consideration of these promises, of the mutual covenants herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and the above-referenced recitals incorporated into this Contract herein by reference, the Parties hereto hereby agree as follows:

SECTION ONE

Contract Documents

The Parties agree that the Contract Documents shall include the following, which are incorporated by reference:

Invitation for Bids (IFB) No. [#]/Scope of Work and any addendums Contractor’s Insurance

Certificate(s) and Endorsement(s) Contractor's bid dated , 2026

In the event of any conflict, discrepancy, or inconsistency among any of the documents which make up this Contract, the following shall control:

A. As between the Contract and the Contract Documents or any other documents which make up this

Contract, this Contract shall govern.

B. In the event of any conflict, discrepancy, or inconsistency among any of the other Contract Documents, the Contractor shall diligently review all such documents and notify the County immediately upon discovery of same for resolution by the County.

C. Any documents not included or expressly contemplated in this Contract do not, and shall not, form a part of this Contract. The Contract Documents are intended to be complementary, and a requirement in one document shall be deemed a requirement in all documents.

In order to induce the County to execute this Contract and recognizing that the County is relying thereon, the Contractor, by executing this Contract, makes the following express representations to the

County:

The Contractor is fully qualified to act as the contractor for the work and has, and shall maintain, any and all licenses, permits or other authorizations necessary to act as the contractor for the work;

The Contractor has received, reviewed and examined all of the documents which make up this Contract, including, but not limited to, all plans and specifications, and has found them to the best of its knowledge, to be complete, accurate, adequate, consistent, coordinated and sufficient.

SECTION TWO

Scope of Work

The Contractor agrees to perform and furnish all labor, supervision, materials, equipment, transportation and supplies necessary for the completion of the Work required under this Contract in a professional, timely manner, in accord with all applicable laws, rules and regulations.

Scope of Work and Specifications:

Provide services as detailed in the Scope of Work and Contractor’s offer previously incorporated by reference.

Coordination of the Work and administration of this Contract shall be by the Dorchester County

Department Name.

SECTION THREE

Contract Price: Payment Terms

Provider has proposed terms of payment in its response to this solicitation, which is attached hereto.

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

SECTION FOUR

Time: Term of Contract

The term of the Contract shall commence upon Notice to Proceed and continue for one year, with the option to renew for up to four (4) additional one-year terms.

SECTION SIX

Insurance Requirements

The Contractor, at its own expense, shall at all times during the term of the Contract, maintain insurance as included in the General Terms and Conditions of RFP No. 2020-2352-6301-44, which is attached hereto and previously incorporated by reference. The County may contact the Contractor’s insurer(s) or insurer(s)' agent(s) directly at any time regarding the Contractor’s coverages, coverage amounts, or other such relevant and reasonable issues related to this Contract. The Contractor shall also require any subcontractors to carry the same coverages in the same amounts.

The County must be advised immediately of any changes in required coverages.

SECTION SEVEN

Compliance with Legal Requirements

All applicable federal, state and local laws, ordinances, and rules and regulations of any authorities

(including, but not limited to, any laws, ordinances or regulations relating to the S.C. Department of

Revenue or the S.C. Board of Contractors) shall be binding upon the Contractor throughout the pendency of this Work. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation, and shall hold the County harmless and indemnify same in the event of non-compliance as set forth in the Contract.

The Contractor certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of

South Carolina Code of Laws, 1976, as amended, and agrees to provide to the State upon request any documentation required to establish either: (a) that Title 8, Chapter 14 is inapplicable to the Contractor and its subcontractors or sub-subcontractors; or (b) that the Contractor and its subcontractors or sub-subcontractors are in compliance with Title 8, Chapter 14.

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.”

The Contractor agrees to include in any contracts with subcontractors, language requiring subcontractors to (a) comply with applicable requirements of Title 8, Chapter 14, and (b) include in its contracts with the sub-contractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14.

The Contractor agrees to and shall certify agreement to abide by the requirements under Title VI of the

Civil Rights Act of 1964, and other non-discrimination authorities under Federal Executive Order

Number 11246, as amended, and specifically, the provisions of the equal opportunity clause.

The Contractor shall comply with all federal, state and local laws, ordinances, rules and regulations of any authorities throughout the duration of this Contract. The Contractor shall be responsible for compliance with any such law, ordinance, rule or regulation, and shall hold County harmless and indemnify same in the event of non-compliance.

SECTION EIGHT

Drug-free Workplace Act

The Contractor shall comply with the South Carolina Drug-free Workplace Act, Section 44-107-10 et seq., S.C. Code of Laws (1976, as amended).

SECTION NINE

Contractor's Warranties and Representations

The Contractor represents that its staff is knowledgeable about and experienced in performing the Work required in this Contract and warrants that it will use the best skill and attention to provide above described Work in a professional, timely manner.

The Contractor warrants and represents that it shall be responsible for all subcontractors working directly for it, as well as for their Work product, as though the Contractor had performed the Work itself.

A. If equipment, materials and supplies are to be a part of the service provided, all equipment, materials, and supplies incorporated in the Work covered by the offer and provided by the Contractor are to be new and of the most suitable grade for the purpose intended. Unless otherwise specifically provided in this

Contract, reference to any equipment, material, article or patented process, by trade name, make or catalog number, shall not be construed as limiting competition. When requested, the Contractor shall furnish to the Purchasing Services Manager, for approval the name of the manufacturer, the model number, and other identifying data and information respecting the performance, capacity, nature and rating of the machinery and mechanical and other equipment which the Contractor contemplates incorporating in the Work. When required by this Contract or when called for by the Purchasing

Services Manager, the Contractor shall provide full information concerning the material or articles which he contemplates incorporating in the Work. When so directed, samples shall be submitted for approval at the Contractor's expense, with all shipping charges prepaid. Machinery, equipment, material and articles installed or used without the required prior approval of the County shall be at the risk of subsequent rejection by the County.

B. Any and all manufacturers' warranties on any equipment or materials will be passed on to the County and copies of said warranties will be furnished by the Contractor to the County upon completion and final acceptance of the Work.

C. The Purchasing Services Manager may, in writing, require the Contractor to remove from the Work Site any employee the Purchasing Services Manager deems incompetent, careless or otherwise objectionable.

D. In addition to any manufacturer's warranties, all labor and materials are warranted to be free from defects for a period of twenty-four (24) months after the date of Final Payment by the County.

SECTION TEN

Retention of Records

The Contractor agrees to maintain for three (3) years from the date of Final Payment, or until the end of any audit or closure of all pending matters under this Contract, whichever is later, all books, documents, papers, and records pertinent to this Contract. The Contractor agrees to provide to the County, any federal grantor agency, the Comptroller General of the United States, any state grantor agency, any assignee, or any of their duly authorized representatives access to such books, documents, papers, and records for the purpose of examining, auditing, and copying them. The Contractor further agrees to include these provisions in any subcontracts issued in connection with this Contract.

SECTION ELEVEN

State and Local Taxes

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

The Contractor shall calculate that portion of the Contract which is subject to the seven percent (7%)

South Carolina sales and/or use tax, which amount shall be itemized and shown on all invoices, and shall be paid to South Carolina Department of Revenue (SCDOR) by the Contractor. If the Contractor is a non- South Carolina company, the County will withhold said amount from all invoices and remit payment to the SCDOR, unless the Contractor furnishes the County with a valid South Carolina Use Tax

Registration Certificate Number.

The Contractor shall indemnify and hold harmless the County for any loss, cost, or expense incurred by, levied upon or billed to the County as a result of the Contractor's failure to pay any tax of any type due in connection with this Contract.

The Contractor shall ensure that the above sections are included in all subcontracts and sub-subcontracts, and shall ensure withholding on out of state sub and sub-subcontractors to which withholding is applicable.

SECTION TWELVE

Independent Contractor

The Contractor is an independent contractor and shall not be deemed the agent or employee of the

County for any purpose whatsoever. The Contractor shall not hold himself out as an employee of the

County, and shall have no power or authority to bind or obligate the County in any manner, except the

County shall make payment to the Contractor for Work and expenses as herein provided. The Contractor shall obtain and maintain all licenses and permits required by law for performance of this Contract by him or his employees, agents, and servants. The Contractor shall be liable for and pay all taxes required by local, state or federal governments, including but not limited to social security, Workers’

Compensation, employment security, and any other taxes and licenses or insurance premiums required by law. No employee benefits of any kind shall be paid by the County to or for the benefit of the

Contractor or its employees, agents, or servants by reason of this Contract.

SECTION THIRTEEN

Other Contracts

The County reserves the right to undertake or award other contracts for additional Work, and may elect to complete portions of the Work included in this Contract using its own forces or through other contracts, and the Contractor shall fully cooperate with such other contractors, County employees and carefully fit its own Work to such Work as may be directed by the County. The Contractor shall not commit or permit any act by its forces or subcontractors which will interfere with the performance of

Work by any other contractor or by the County and or Department employees.

SECTION FOURTEEN

Permits and Licenses

The Contractor shall, without additional expense to the County, be responsible for obtaining and maintaining all necessary licenses and permits required by the State of South Carolina, a municipality or the County or any other authority having jurisdiction. Prior to execution of this Contract, the Contractor may be required to provide a copy of its current applicable Contractor’s License issued by the State of

South Carolina and the County. Any subcontractor must comply with the regulations promulgated in the

South Carolina Contractor’s Licensing Board as enforced by the South Carolina Licensing Board for

Contractors. The Contractor’s (and or any subcontractor’s) License Number, Person’s Name and

Business Name must all be shown on all required licenses.

SECTION FIFTEEN

Safety, Health, and Security Precautions

The Contractor shall take proper safety, health and security precautions to protect its workers and the

County's property, workers and the public at all times during the term of this Contract. Emergency exits shall not be blocked and doors shall be secured by the Contractor when Work is temporarily suspended and after each work day. All materials shall be stored securely, protected from theft or damage.

SECTION SIXTEEN Inspection and Acceptance

All Work shall be subject to inspection and test by the County at all reasonable times and places. The

Contractor shall, without charge, correct any workmanship found by the County not to conform to the

Contract requirements.

SECTION SEVENTEEN

Conditions Affecting the Work

The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost thereof. Any failure by the Contractor to do so will not relieve it from responsibility for successfully performing the Work without additional expense to the County. The County assumes no responsibility for any understandings or representations concerning conditions made by any of its officers or agents prior to the execution of this Contract, unless such understandings or representations by the County are expressly stated in this Contract.

SECTION EIGHTEEN

Cleanup Work; Repair of Damages

During the performance of the Work, the Contractor shall continuously keep the Work Site and areas adjacent thereto in an orderly condition, free and clear from debris and discarded materials.

The Contractor will restore or replace, when and as directed by the County, any public or private property damaged or destroyed by the Contractor's work, equipment or employees to a condition at least equal to that existing immediately prior to the beginning of the Work.

SECTION NINETEEN

Actual Damages

The Contractor expressly agrees that if the Work, or any part thereof, is not performed or completed in a timely or professional manner in accordance with this Contract or any amendment thereto, the

Contractor and its sureties shall be liable to the County for actual damages which relate to the

Contractor’s failure to perform or complete the Work in the manner described above. If actual damages are agreed to by the County and the Contractor or awarded by the Court, the County shall have the right to deduct from and retain out of monies which may be then due or which may become due and payable to the Contractor, the amount of such actual damages; and if the amount so retained by the County is not sufficient to pay in full such actual damages, the Contractor and/or its sureties shall pay to the County the amount necessary to effect payment in full of such actual damages.

SECTION TWENTY

Suspension of Work

The Purchasing Services Manager may order, in writing, the Contractor to suspend, delay, or interrupt all or any part of the Work for such period of time as he may determine to be appropriate for the convenience of the County. The County may suspend performance of its obligations under this Contract in good faith for the convenience of the County or to investigate matters arising in the Work.

The Purchasing Services Manager may order suspension of the Work in whole or in part for such time as he deems necessary because of the failure of the Contractor to comply with any of the requirements of this Contract, and the Contract's completion date shall not be extended on account of any such suspension of Work.

When the Purchasing Services Manager orders any suspension of the Work under the paragraph above, the Contractor shall not be entitled to any payment for Work with respect to the period during which such Work is suspended and shall not be entitled to any costs or damages resulting from such suspension.

The rights and remedies of the County provided in this Section are in addition to any other rights and remedies provided by law or under this Contract.

SECTION TWENTY-ONE

Modification of Contract

The County’s Purchasing Services Manager has the unilateral right to modify this Contract when the modification is in the best interest of the County, provided however, the Contractor is given written notice of any such modification and the County is responsible for paying the Contractor for any additional expenses incurred by the Contractor which relate to the modification. Subject to the above, the Contractor shall immediately notify the County in writing of any proposed adjustment in its fee. The

Contractor is obligated to perform the revised contract when so directed by the Purchasing Services

Manager and the County is obligated to pay for the work performed pursuant to the modification. No claim by the Contractor for an adjustment hereunder shall be allowed if asserted after Final…