Stormwater Master Plan.pdf

CITY OF CLEMSON

STATE OF SOUTH CAROLINA

REQUEST FOR PROPOSALS

RFP NO. 2027-022

STORMWATER MASTER PLAN

DUE: OCTOBER 12, 2026 2:00 PM

Document ID: 8adOrbPVQp4oabaK24Mj7D

Invitation – Page 1 of 3 12.22.2025

CITY OF CLEMSON

STATE OF SOUTH CAROLINA

REQUEST FOR PROPOSALS

RFP NO. 2027-022

SEALED PROPOSALS will be accepted by the City of Clemson Procurement Division until 2:00 p.m. ET, October 12, 2026. All qualified firms are invited to submit proposals to the City of Clemson for the following:

Stormwater Master Plan

SOLICITATION ISSUE DATE: September 10, 2026

PRE-BID MEETING: N/A

QUESTION DEADLINE: September 30, 2026, 2:00 p.m. ET

SUBMITTAL DEADLINE: October 12, 2026, 2:00 p.m. ET

PROPOSAL OPENING: City of Clemson City Hall (Engineering) Conference Room 1250 Tiger Boulevard, Suite 5 Clemson, SC 29631

CONTACT: bids@cityofclemson.org

Any revisions to this Request for Proposals will be issued and distributed as an addendum. All addenda, additional communications, responses to questions, etc. pertaining to the RFP will be posted on the City of Clemson website at: https://www.clemsoncity.org/bids.aspx. All offerors should consult this website for updates before submitting proposals.

DEADLINE ENFORCED

Proposals received after the time and date set for receipt of proposals WILL NOT be accepted. It is the offeror’s responsibility to ensure timely delivery of their proposal.

Telephone, email, or facsimile proposals will not be accepted.

Document ID: 8adOrbPVQp4oabaK24Mj7D mailto:bids@cityofclemson.org https://www.clemsoncity.org/bids.aspx

Invitation – Page 2 of 3

From time to time, the Procurement Division may have to release written changes to a solicitation due to an inadvertent error or omission on the part of the City or to an inquiry from an interested vendor during the question phase of the solicitation. No changes to the published terms and conditions, scope of work, minimum requirements, or insurance and bonding requirements will be considered unless they are submitted in compliance with the deadline for the questions or clarification phase of the solicitation. Any changes to the published terms and conditions, scope of work, minimum requirements, or insurance and bonding requirements will be published in a formal, written addendum. The City is not obligated to make any changes to the published solicitation based on an inquiry from a vendor. The City will not consider “red-line” amendments to any contract with the successful bidder, as all requests for changes must be posed in the question phase and accepted in a formal addendum. The City reserves the right to negotiate with the successful bidder in order to comply with budgetary allocations.

Any offer submitted as a result of this solicitation shall be binding on the offeror for NINETY

(90) CALENDAR DAYS FOLLOWING THE SPECIFIED OPENING DATE. Any proposal for which the offeror specifies a shorter acceptance period may be rejected.

During the performance of the contract, the contractor shall comply with any and all applicable federal, state, or local laws, rules, and regulations relating to a drug-free workplace.

If the offeror discovers any ambiguity, conflict, discrepancy, omission or other errors in the RFP, offeror shall immediately notify the City of such error in writing and request modification or clarification of the document. The offeror is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP, or it shall be deemed waived.

Proprietary and/or Confidential Information Your proposal is a public document under the South Carolina Freedom of Information Act (FOIA), except as to information that may be exempt from disclosure under the FOIA in the City’s sole discretion. If you cannot agree to this standard, please do not submit your proposal.

All information that you desire to be treated as confidential and/or proprietary must be CLEARLY AND SPECIFICALLY identified, and each page containing confidential and/or proprietary information, in whole or in part, must be stamped and/or denoted as CONFIDENTIAL, in bold, in a font of at least 12-point type, in the upper right-hand corner of the page. All information, even information so noted and identified, may be disclosed by the City. Blanket-type identification by designating whole pages or sections as containing confidential and/or proprietary information will not be considered by the City.

This Request for Proposals is being issued by the City of Clemson Procurement Division. Direct all questions or requests for clarification of this RFP in writing to the e-mail address shown on page one (1) of this invitation.

Current E-mail Address Required All proposals submitted shall include a current e-mail address. Once selected, Notice of Intent to Award shall be posted on the City’s website; and Notice of Intent to Award, and notices of non-award, shall be sent to all offerors via e-mail. No hard copy notices will be sent via regular mail.

Invitation – Page 3 of 3

Offerors are specifically directed not to contact any other City personnel for meetings, conferences, or technical discussions related to this request unless otherwise stated in this RFP. Failure to adhere to this policy may be grounds for rejection of your proposal.

Required Affidavits Firms submitting proposals are required to include all affidavits found at the end of this Request for Proposals. If any of the affidavits are not applicable, N/A is an acceptable response.

The words “Bidder”, “Offeror”, “Proposer”, “Vendor”, and “Contractor” are used interchangeably throughout this RFP, and are used in place of the person, firm, or corporation submitting a proposal.

Dated at Clemson, South Carolina as of _______________.

BY:

Jordan Monroe – Procurement Coordinator City of Clemson, SC

09/10/26

TABLE OF CONTENTS

RFP No. 2027-022

▪ General Terms and Conditions ………………………………………………… Page 1

▪ Disclaimer Standard Contract Form…………………………………………… Page 10

▪ Standard Contract Form (sample)………………………………………………Page 11

▪ Proposal Requirements…………………………………………........................Page 12

▪ Proposal Submission Sheet……………………………………………………..Page 18

▪ RFP Signature Form …………………………………………………………...Page 19

▪ Affidavits

General Terms & Conditions RFP No. 2027-022 – Page 1

12..22.2025

CITY OF CLEMSON, SOUTH CAROLINA

GENERAL TERMS & CONDITIONS FOR REQUEST FOR PROPOSALS

The City of Clemson, South Carolina (the “City”), is requesting proposals for the Stormwater Master Plan (the “Project”) as more fully described herein. The following terms and conditions shall apply to all proposals made with respect to the Project and shall be included in the contract executed between the City and the successful proposer.

RIGHTS RESERVED BY CITY

The City reserves the right to reject any or all proposals; to waive any informality or irregularity not affected by law; to evaluate, in its absolute discretion, the proposals submitted; and to award the contract based on criteria which best serves the interests of the City.

INTERPRETATION AND ADDENDA

All changes in specifications shall be in writing and furnished to all offerors. No verbal interpretation made to any respondent as to the meaning of this RFP shall be binding on the City.

Offerors are cautioned that any statements made by the City staff that materially changes any portion of this solicitation shall not be relied upon unless they are subsequently ratified in writing and distributed as an addendum by the City. It shall be the offeror’s responsibility to acknowledge receipt of addenda and ascertain that its proposal includes all addenda. Failure to do so may deem an offeror’s proposal non-responsive.

PROPOSAL SUMISSIONS

One (1) unbound, printed and signed original and supporting documents and five (5) bound copies must be submitted in response to the solicitation and must be received no later than the designated time and date from the solicitation’s Invitation page(s). Proposals must be submitted in a sealed envelope with the solicitation number and project name clearly labeled on the outside and should include the respondent’s name and address. Each envelope submission should be addressed to the following:

City of Clemson | Finance Department Procurement Coordinator

1250 Tiger Boulevard, Suite 2 Clemson, SC 29631

Hard copies may be delivered to the above address only between the hours of 8:00 a.m. and 5:00 p.m. EST, Monday through Friday, excluding holidays observed by the City of Clemson. Any respondent wanting to confirm receipt of a submittal must send an inquiry to the email address specified in the solicitation’s Invitation page(s) prior to the specified bid opening date and time.

ACCEPTANCE OF PROPOSAL CONTENT

Before submitting an offer, each offeror shall make all investigations and examinations necessary to ascertain all site conditions and requirements affecting the performance of the contract and to verify any representations made by the City upon which the proposal will rely. If the offeror receives an award as a result of its proposal, failure to have made such investigations and examinations will in no way relieve the offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents, nor will a plea of ignorance of such

RFP No. 2027-022 – Page 2

12..22.2025 conditions and requirements be accepted as a basis for any claim whatsoever by the contractor for additional compensation.

SIGNATURE FORM

Proposals shall include a signed RFP Signature Form. Proposals that do not include a signed RFP Signature Form will not be accepted as complete and shall not be considered. The RFP Signature Form must be signed in ink (not typed) in the appropriate space(s) by an authorized officer or employee of the offeror.

ETHICS IN PUBLIC CONTRACTING AFFIDAVIT

To comply with the provisions of Section 8-13-100 et seq. of the South Carolina Code of Laws, each offeror shall certify in writing and include with its proposal that its offer was made without fraud, that it has not offered or received any kickbacks or inducements from any other offeror, supplier, manufacturer, or subcontractor in connection with the offer, and that it has not conferred on any public employee, public member, or public official having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money services, or anything of more than nominal value.

Each offeror shall certify further that no relationship exists between itself and the City, another person, or organization that interferes with fair competition or constitutes a conflict of interest with respect to a contract with the City.

NONCOLLUSION AFFIDAVIT

As part of its proposal, each offeror shall include the attached non-collusion affidavit, duly signed by a principal of the offeror certifying that it is not a party to any collusive action or any action that may be in violation of the Sherman Antitrust Act. Any or all proposals shall be rejected if there is any reason for believing that collusion exists among the offerors. The City may or may not, at its discretion, accept future proposals for the same work from participants in such collusion.

CERTIFICATION OF COMPLIANCE WITH THE SOUTH CAROLINA ILLEGAL

IMMIGRATION REFORM ACT

Each offeror shall certify in writing and include with its proposal that, as to any contract subsequently entered into between the offeror and the City, the offeror will verify the employment status of any new employees and require any subcontractors or sub-subcontractors performing services under such contract to verify their new employees’ status, per the terms of the South Carolina Illegal Immigration Reform Act, and as set out in Title 41, Chapter 8 of the South Carolina Code of Laws.

NONRESIDENT TAXPAYER REGISTRATION AFFIDAVIT

Non-resident companies receiving income from business conducted in the State of South Carolina are required to pay taxes to the State of South Carolina on that income. To facilitate this requirement, a nonresident offeror must register with the South Carolina Secretary of State or the South Carolina Department of Revenue. In compliance with Sections 12-8-540 and 12-8-550 of the South Carolina Code of Laws, an offeror located outside of the State of South Carolina that receives a contract from the City must furnish to the City Form I-312, Nonresident Taxpayer Registration Affidavit Income Tax Withholding, properly executed and signed. If an offeror is not presently registered with the appropriate state office, it may indicate the intent to do so should it

RFP No. 2027-022 – Page 3

12..22.2025 be awarded a contract. Questions concerning this form may be directed to the South Carolina Department of Revenue at (844) 898-8542.

EQUAL OPPORTUNITY

The City encourages and welcomes bids from vendors and owners that are owned and/or operated by women and minorities, and shall affirmatively ensure that all vendors and businesses wishing to participate will be afforded full and equal opportunity to submit proposals in response to requests for bids, and that no vendor or business will be discriminated against in consideration for an award on the basis of race, color, ethnicity, ancestry, national origin, cultural identity, gender or gender identity, age, religion, sexual orientation, or disability.

DETERMINATION OF RESPONSIBILITY

City may make such investigation as it deems necessary to determine the ability of an offeror to furnish the required services, and the offeror shall furnish to the City all such information and data for this purpose as the City may request. City reserves the right to reject any proposal if the evidence submitted or investigation of such offeror fails to satisfy the City that offeror is properly qualified to carry out the obligations of a contract and to deliver the services contemplated therein.

Offerors will fully inform themselves as to the conditions, requirements, and scope of work before submitting their proposal. Failure to do so will be at the offeror’s own risk.

QUALIFICATIONS-BASED SOLICITATION

Negotiations shall be conducted beginning with the offeror whose qualifications are deemed to rank highest among all offers received in response to this solicitation. If a contract satisfactory and advantageous to the City can be negotiated at a price considered fair and reasonable, the award shall be made to that offeror. Otherwise, negotiations with the offeror ranked first shall be formally terminated and negotiations with the offeror ranked second shall be conducted.

CONTRACT AND CONTRACT DOCUMENTS

Following the award to the successful offeror (the “Contractor”), the Contractor and the City shall execute the Standard Contract Form, a copy of which is attached hereto for reference. The Standard Contract Form, together with the attachments listed therein, will constitute the “Contract” between the Contractor and the City.

REQUIREMENTS OF THE CONTRACTOR

The Contractor shall (i) have the professional qualifications, experience, expertise, and personnel to timely perform the Project, (ii) have the requisite licenses, certifications, and permits from all public entities having jurisdiction over Contractor or the Project and shall maintain such licenses, certifications, and permits during the term of the Project, (iii) become familiar with the Project site and the local conditions under the Project is to be performed, (iv) comply with all instructions and shall perform services in a manner commensurate with the highest professional standards by qualified and experienced personnel performing the same or similar services in the same or similar location, and (v) assume full responsibility to City for the improper acts and omissions of its contractors, consultants, or others, if any, employed or retained by Contractor in connection with the Project.

RFP No. 2027-022 – Page 4

12..22.2025

RESPONSIBILITY OF THE CITY

Among other things, the City will provide Contractor access to all information in City’s possession that City reasonably determines is necessary for Contractor to perform the Project. The Administrator will coordinate with Contractor, and facilitate coordination with other City personnel, as reasonably necessary to allow Contractor to adequately perform the Project.

PAYMENT TERMS

Unless otherwise agreed by the City and the Contractor, Contractor shall submit monthly invoices to the City for the work performed under the Contract by the 10th day of the month following the month in which such work is performed. Such invoices shall reference this Contract by number and shall be accompanied by any reasonably required supporting materials, documentation, or data, including a monthly progress report, if applicable. The City shall pay Contractor for such invoice within 30 days of receipt, provided the same has been reviewed and approved by the Contract administrator, which review shall occur within five days of receipt. Should the Contract administrator approve payment in an amount less than that submitted by the Contractor in the invoice, then the unpaid portion of such invoice shall be retained until approved, and the City and the Contractor shall work together in good faith to resolve such discrepancy.

Upon receipt of payment from the City, the Contractor shall immediately pay all sub-contractors, sub-consultants, materialmen, suppliers, or laborers, as applicable, the amounts they are due for the work covered by such payment.

CITY OF CLEMSON BUSINESS LICENSES

The Contractor shall secure and pay for any and all licenses, permits, and certificates that may be necessary for proper execution and completion of the contract, and which are legally required when proposals are received, or negotiations concluded.

Specifically, Contractor must obtain all business license(s) required by the Clemson City Code and Ordinances. A City Business License is not required to submit a proposal however, any offeror that receives an award under this RFP shall be required to obtain a City Business License before work can begin. For further information on the provisions of the City Business License Regulations and their applicability to this contract, contact the Clemson City Business License Division at 864- 624-1147 or businesslicense@cityofclemson.org.

Contractor shall inform all of its sub-contractors and/or sub-consultants performing services hereunder that a like business license requirement applies to them, and Contractor shall further disclose the names and addresses of all of Contractor’s sub-contractors performing services hereunder to City’s Business License Division at businesslicense@cityofclemson.org or 864-624- 1147.

COMPLIANCE WITH LAWS

General. Contractor, in the performance of work under the Contract, shall fully comply with all applicable federal, state, county, or municipal laws, rules, regulations, ordinances, including, if applicable, the Americans with Disabilities Act (“ADA”) and the regulations promulgated thereunder, including ADA Title II, and shall hold the City harmless from any liability resulting from failure of such compliance.

mailto:businesslicense@cityofclemson.org

RFP No. 2027-022 – Page 5

12..22.2025

Equal Employment Opportunity. Contractor and all subcontractors, suppliers, and vendors shall comply with all federal, state, county, or municipal laws, rules, regulations, ordinances, and orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under such orders will result in suspension of periodic progress payments. Contractor shall ensure unlimited access to the Project sites for all equal employment opportunity compliance officers.

Employment Discrimination. Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color, sex, gender identity, sexual orientation, age, handicap, or national origin; however, some conditions may be a bona fide occupational qualification reasonably necessary for the normal operations of Contractor. Contractor agrees to post in conspicuous places, visible to employees and applicants for employment, notices setting forth the provision of this nondiscrimination clause.

Compliance with Anti-Discrimination Provisions of Section 11-35-5300, Code of Laws of South Carolina, 1976. If the Contract shall have a total potential value of $10,000.00 or more, and/or unless such goods and/or services are offered to City for at least 20% less than the lowest certifying business, then, by entering into the Contract, Contractor certifies to City that Contractor is not currently engaged in, nor will it engage in, the boycott of a person or entity based in or doing business with World Trade Organization members and/or those with which the United States has free trade or other agreements aimed at ensuring open and nondiscriminatory trade relations, with the understanding that failure to make such affirmative certification shall affect an automatic termination of the Contract.

INSURANCE

The Contractor shall procure and maintain insurance for the duration of this Contract against any and all claims for injuries to persons or damages to property which may in any way arise from, or in connection with, the performance of the work hereunder by the Contractor, its subcontractors, employees, agents, or representatives for not less than any limits of liability shown below with a carrier authorized to do business in the State of South Carolina.

All coverage shall be primary and shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Original endorsements, signed by a person authorized to bind coverage on its behalf, shall be furnished to the City by the successful offeror.

Certificate of insurance must be included in the proposal.

1. Commercial General Liability: Contractor shall maintain insurance for protection against all claims arising from injury to person or persons not in the employ of Contractor and against all claims resulting from damage to any property due to any act or omission of Contractor, its subcontractors, employees, agents, or representatives in the operation of the work or the execution of the Contract.

Contractor shall maintain general liability coverage required for a period of not less than five years after final completion of the Project. General liability coverage must include products or completed operations coverage.

RFP No. 2027-022 – Page 6

12..22.2025

Where the work to be performed involves excavation or other underground work or construction, the property damage insurance provided shall cover all claims due to destruction of subsurface property, such as wire, conduits, pipes, etc., caused by Contractor’s operation. The minimum shall be as follows:

Bodily Injury (Injury or Accidental Death) and Property Damage ......................................................$1,000,000 per occurrence

2. Comprehensive Automobile Liability: Contractor shall maintain automobile liability insurance for protection against all claims arising from the use of vehicles, rented vehicles, or any other vehicle in the prosecution of the work included in the Contract. Such insurance shall cover the use of automobiles and trucks on and off the site of the Project. The minimum amounts of automobile liability insurance shall be as follows:

Bodily Injury (Injury or Accidental Death) and Property Damage .........................................$1,000,000 Combined Single Limit

3. South Carolina Workers’ Compensation Insurance: Contractor shall maintain workers’ compensation insurance for all of Contractor’s employees who are in any way connected with performance under the Contract. Such insurance shall comply with all applicable state laws and provide a waiver of subrogation against City, its officers, officials, employees, agents, and representatives.

South Carolina Workers’ Compensation Statutory Limits

Employers’ Liability Insurance $500,000 Each Accident $500,000 Disease Each Employee $500,000 Disease Policy Limit

4. Professional Liability Insurance: If providing a professional service, the Contractor shall maintain professional liability insurance to cover errors or acts of omission by the Contractor, its subcontractors, employees, agents, and representations in the performance of its obligations herein:

Professional Liability……………………….………$1,000,000 Contractor shall provide the City with a certificate(s) of insurance showing proof of insurance acceptable to the City. Certificates containing wording that releases the insurance company from liability for non-notification of cancellation of the insurance policy are not acceptable. Certificates showing proof of such insurance shall be submitted to City prior to commencement of services under the Contract by email to bids@cityofclemson.org. Further, it shall be an affirmative obligation upon the Contractor to advise City by e-mail to bids@cityofclemson.org, within two days of the cancellation or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of the Contract. The Certificate Holder name and address is to be displayed as follows:

City of Clemson 1250 Tiger Boulevard Clemson, SC 29631

Document ID: 8adOrbPVQp4oabaK24Mj7D

RFP No. 2027-022 – Page 7

12..22.2025

The general liability policy is to contain or be endorsed to name the City, its officers, officials, employees, agents, and representatives as additional insureds as respects the liability arising out of the activities performed under the Contract. Such coverage shall be primary and shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Contractor or its insurers are responsible for payment of any liability arising out of workers’ compensation, unemployment, or employee benefits offered to its employees. Insurance is to be placed with insurers with a current A.M. Best’s rating of not less than A:VII and licensed to do business in the State of South Carolina, unless otherwise acceptable to the City. Contractor shall not self-insure in satisfaction of any insurance requirement hereunder without the express, written approval of City. Contractor shall insure that its subcontractors hereunder comply with the insurance requirements set out herein, and when requested by the City, Contractor shall agree to obtain and furnish copies of certificates of insurance evidencing coverage for each subcontractor.

Should Contractor cease to have insurance as required during any time, all work by Contractor pursuant to the Contract shall cease until insurance acceptable to the City is provided.

Deductibles, Co-Insurance Penalties, & Self-Insured Retention: Contractor shall agree to be fully and solely responsible for any costs or expenses as a result of a coverage deductible, co-insurance penalty, or self-insured retention; including any loss not covered because of the operation of such deductible, co-insurance penalty, or self-insured retention.

TERMINATION OF THE CONTRACT

Termination by City for Convenience. City, in its sole discretion, may terminate this Contract, in whole or in part, at any time without cause by providing at least 30 calendar days’ prior written notice to Contractor, specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective. Termination of this Contract shall not relieve either party of any obligation incurred to the other prior to termination, and the City shall pay Contractor for all services rendered and costs reasonably incurred prior to termination.

Termination by City for Cause. In addition to any other rights that City may have hereunder, this Contract may be terminated, in whole or in part, by City on written notice to Contractor, specifying the extent to which performance of the work under the Contract is terminated and the date upon which such termination becomes effective (i) if Contractor materially breaches any provision of this Contract and either the breach cannot be cured or, if the breach can be cured, it is not cured by Contractor within 15 calendar days after Contractor’s receipt of written notice of such breach, or

(ii) if Contractor (A) becomes insolvent, (B) is generally unable to pay, or fails to pay, its debts as they become due, (C) files, or has filed against it, a petition for voluntary or involuntary bankruptcy or pursuant to any other insolvency law, (D) makes or seeks to make a general assignment for the benefit of its creditors, or (E) applies for, or consents to, the appointment of a trustee, receiver, or custodian for a substantial party of its property or business. Termination of this Contract shall not relieve either party of any obligation incurred to the other prior to termination, and the City shall pay Contractor for all services rendered and costs reasonably incurred prior to termination, provided, however, that should City terminate this Contract for cause as provided hereunder, then City may proceed to have the Project completed by another contractor or consultant, and the

RFP No. 2027-022 – Page 8

12..22.2025

Contractor shall be liable to the City for any costs incurred by City that are greater than what City would have paid had the Contractor performed as required by the Contract.

Termination by City for Non-Appropriation. Notwithstanding anything herein to the contrary, the Contract shall be subject to immediate cancellation without damages or further obligation when funds are not appropriated (or are appropriated and subsequently withdrawn) or otherwise made available to support continuation of performance of the Contract in a subsequent fiscal period or appropriated year.

Termination by Contractor. If City repeatedly fails to perform its material obligations to Contractor for a period of 30 calendar days after receiving written notice from Contractor of its intent to terminate hereunder, Contractor may terminate performance under the Contract by written notice to City. In such event, Contractor shall be entitled to recover from City as though City had terminated Contractor’s performance for convenience as described above.

RECORDS

All documents relating in any manner whatsoever to the Project, or any designated portion thereof, which are in the possession of Contractor, or any subcontractor of Contractor, shall be made available to City for inspection and copying upon written request by City. Furthermore, such documents shall be made available, upon request by City, to any federal, state, local, or other regulatory authority, and any such authority may review, inspect, and copy such records. Such records shall include, but shall not be limited to, all drawings, plans, specifications, submittals, correspondence, minutes, memoranda, tape recordings, videos, or other writings or things which document the Project. Such records expressly include those documents reflecting the cost of project to Contractor. Contractor shall maintain and protect these documents for no less than four years after final completion of the Project, or for any longer period of time as may be required by law or good construction practice.

MISCELLANEOUS

Independent Contractor. Contractor shall at all times be considered an independent contractor of City hereunder, and neither Contractor nor its subcontractors, employees, agents, or representatives shall, under any circumstances, be considered employees of City. City shall not be legally responsible for negligence or other wrongdoing, either intentional or unintentional, by Contractor or Contractor's subcontractors, employees, agents, or representatives. City shall not deduct from payment to Contractor any federal or state unemployment taxes, federal or state income taxes, social security tax, or other amounts for benefits to Contractor. Further, City shall not provide to Contractor any insurance coverage or other benefits, including workers' compensation coverage, normally provided by City for its employees.

Notices. All notices or other communications required hereunder shall be in writing and shall be deemed given effectively if delivered personally, delivered by an express courier (with confirmation), mailed by certified or registered mail (return receipt requested), sent via facsimile (with confirmation), or delivered by email (with confirmation) to the named party at the address provided or at such other address as may be designated by either party in writing to the other party by like notice.

RFP No. 2027-022 – Page 9

12..22.2025

Entire Agreement. The Contract (including any schedules, exhibits, addenda, or attachments hereto, and the other documents and instruments referred to in the Contract) constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, both written and oral, between the parties with respect to the Project.

Amendments; Modifications. This Agreement may not be amended or modified except by an instrument in writing signed on behalf of each of the parties hereto.

Governing Law; Venue. The Contract and the rights, obligations, and remedies of the parties hereto shall in all respects be governed by and construed in accordance with the laws of the State of South Carolina. Venue for the resolution of all disputes regarding the terms of the Contract or the performance thereunder, whether in law or in equity, shall be exclusively in the federal or state courts of Pickens County, South Carolina.

Severability. If any part or provision of the Contract is held invalid or unenforceable under applicable law, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining parts of the Contract.

Non-Waiver. Failure by the City or Contractor at any time to enforce the provisions of the Contract shall not be construed as a waiver of any such provisions or any subsequent breach. Such failure to enforce shall not affect the validity of the Contract, or any part thereof, or the right of the City or Contractor to enforce any provision at any time in accordance with its terms.

Assignment. Contractor shall not assign, transfer, convey, or otherwise dispose of any award or any or all of its rights, title, or interest in the Contract, in whole or in part, without the prior written consent of the City.

Successors and Assigns. The rights and obligations of the City and Contractor herein shall inure to, and be binding upon, the respective successors and permitted assigns of the parties hereto.

Protests. The City will follow protests and appeals in accordance to the Clemson Code of Ordinances (Section 7-11, Chapter 7 (Finance)).

Headings; Captions. The headings, captions, and numbers in the Contract are solely for convenience and shall not be considered in construing or interpreting any provision of the Contract.

The Contract contains all agreements, promises, and understandings between the City and Contractor, and no verbal or oral agreements, promises, statements, assertions, or representations by the City or Contractor or any contractors, employees, agents, or other representatives of either, shall be binding upon the City or Contractor.

PUBLIC RECORD and FOIA REQUESTS After an award is made, copies of the proposals will be available. Pursuant to the South Carolina Freedom of Information Act (FOIA), City will provide copies of records in its custody unless the records are exempt from disclosure under S.C. Code Ann. §30-4-40. Additional information regarding FOIA requests can be found here.

https://clemsoncity.nextrequest.com/

DISCLAIMER STANDARD CONTRACT FORM

The following page is a sample of the Standard Contract Form that will be sent to you for execution IF you are recommended for contract award. The Standard Contract Form, together with the attachments listed therein, will constitute the contract between the

City and the successful bidder with respect to this project. Please do NOT complete and return the Standard Contract with your bid.

12.22.2025 Page 11

City of Clemson State of South Carolina Standard Contract Form IFB/RFP No. __________________

Subject/Project Name

1. This Contract is entered into between the City of Clemson, SC and the Contractor named below:

City of Clemson, SC (hereafter called City)

Contractor’s Name (hereafter called Contractor)

2. Contract to Begin: Calendar Days for Completion: Term of the Agreement:

3. Lump Sum Amount of this Contract

(if applicable):

Fee Represented as a Percentage of Designated Cost (if applicable)

Revenue Represented as a Percentage of a Designated Lump Sum or Income Stream (if applicable):

Annual Contract Price Agreement (if applicable)

4. The parties agree the following attachments, in order of precedence, are hereby incorporated and made a part of the Contract. Change Orders issued hereafter, and any other properly executed amendments, shall become and be a part of this Contract.

Attachment 1: All Terms & Conditions and Scope of Work and/or Specifications Included in this Solicitation and Addendum (if applicable)

Attachment 2: Construction Plans/drawings (if not included in the solicitation)

Attachment 3: Bid or Proposal Submitted by Contractor

Attachment 4: Fee/Cost Submitted by Contractor (if not included in bid submittal)

Attachment 5: All Other Documentation Required in the Solicitation

IN WITNESS WHEREOF, this Contract has been executed by the parties hereto.

5. Contractor Contractor’s Name (If other than an individual, state whether a corporation, partnership, etc.)

By (Authorized Signature) Date Signed

Printed Name and Title of Person Signing

Address

Telephone Number E-mail Address

6. City of Clemson, SC City Administrator or Designee By (Authorized Signature) Date Signed

Printed Name and Title of Person Signing David A. Blondeau, City Administrator sa mple

RFP No. 2027-022 – Proposal Requirements

STORMWATER MASTER PLAN

REQUEST FOR PROPOSALS

RFP NO. 2027-022

1.0 OVERVIEW

The City of Clemson, South Carolina is requesting sealed proposals from qualified consulting firms to develop a comprehensive city-wide Stormwater Master Plan to identify flooding issues, assess the existing stormwater system, analyze and update the current Capital Improvement Plan (CIP), and evaluate the current stormwater management program to fund improvements that mitigate against future flooding related damage. Final deliverables are a comprehensive city-wide Stormwater Master Plan, including a 10–15-year CIP with cost estimates, as well as a Stormwater Program and updated fee analysis and structure. The scope of work requires the consultant to provide all labor, materials equipment, and supervision necessary to perform the services as detailed.

The City of Clemson will provide the following information and resources to the selected firm for use during the project:

• Existing City of Clemson GIS network and data of previously mapped stormwater structures, pipes, subbasins, and other related infrastructure.

• List of known stormwater infrastructure problems.

• List of known citizen complaints about stormwater and flooding issues.

• Access to staff and other requested information.

2.0 SCOPE OF WORK AND PERFORMANCE

To support this project, the City of Clemson is requesting engineering services to include the following scope of work:

Task 1. Data Gathering

1. Data collection of reports, studies, plans, land use, and other resources necessary to understand the existing conditions.

2. Field inventory of the existing drainage system, including identification of contributing factors.

3. Inventory of pipe size, type, and conditions documented by way of GIS and

Television as needed.

4. "Geographic Information Systems mapping: Ensure all GIS data, shapefiles, and/or raster data are collected and provided to City staff as a geodatabase via ArcGIS Pro project folder (.aprx, .gdb etc), a Layer Package (.lpkx) or ArcGIS REST Services (with appropriate credentials). Map projects and their associated GIS data should be available to City staff before community presentations, including any .pdf or image files of maps."

Task 2. Existing Conditions Analysis

1. Development of existing hydrologic and hydraulic models, including but not limited to:

a. Rainfall – runoff;

b. Overland and pipe network flow;

c. Flooding; and

d. Extreme rainfall flooding.

2. Development of future conditions hydrologic and hydraulic models, which account for:

a. Future land cover;

b. Future hydraulic setting; and

c. Changes in rainfall patterns.

Task 3. Rate Analysis and Update

1. Analyze the City of Clemson’s current stormwater rate comparable to other municipalities of similar size (both land and population).

2. Analyze the City of Clemson’s current fee structure comparable to other municipalities of similar size (both land and population).

Task 4. Stormwater Impact Fee Analysis

1. Analyze the legality to develop a stormwater impact fee for development projects and planned developments.

2. Develop an impact fee structure to enable funding of capital projects for the

Stormwater Fund.

Task 5. Deliverables

1. Comprehensive city-wide Stormwater Master Plan

a. Make recommendations to correct deficiencies or concerns with the existing stormwater system.

b. Develop a risk formula to rate existing and future stormwater infrastructure and provide interactive maps showing risk data.

c. Rank the existing system by risk and prioritize projects by order of City’s needs.

d. Include cost estimates and 10–15-year Capital Improvement Plans (CIP) in a comprehensive stormwater program.

e. Identify opportunities for regional collaboration with neighboring municipalities on storm water projects.

2. Stormwater Program Fee Analysis

a. Make recommendations for fee adjustment to ensure the program and CIP is adequately funded.

b. Make recommendations on the fee structure to determine if it needs to be updated or changed.

3. Stormwater Impact Fee

a. Make a recommendation regarding the legality and feasibility of developing and implementing a stormwater impact fee for development.

b. Provide an impact fee structure to ensure adequate funding of stormwater capital and infrastructure projects.

Task 5. Deliverables Regular coordination and communication with City staff will be required throughout the course of this project. At a minimum, the Consultant is expected to attend three (3) meetings:

1. Meeting 1: Facilitate a kick-off meeting to discuss the current situation and establish goals for the project.

2. Meeting 2: Provide a mid-project update to the City Council. Explain concepts, strategies and progress reports.

3. Meeting 3: Final presentation of Master Plan and Storm Water Program recommendations with accompanying GIS deliverables.

6.0 CONSULTANT PROPOSAL SUBMISSION

6.1 Submission Details

RESPONSE TO THIS REQUEST FOR PROPOSALS MUST INCLUDE THE FOLLOWING:

Those firms interested in providing professional services for this project must submit one

(1) unbound, printed and signed original and submitting documents and four (4) bound copies. Offerors interested in providing these services must submit their response per the instructions on the invitation and must include the items specifically enumerated in section 6.2.

The proposal submission shall be limited to 30 single-sided pages, not including the Transmittal Letter and the City’s required documents.

6.2 Proposal Development

Required content of proposal Failure by any Proposer to respond to a specific requirement may result in disqualification.

The City reserves the right to accept or reject any or all proposals. Proposers are reminded that proposals will be considered exactly as submitted. Points of clarification will be solicited from proposers at the discretion of the City. Non-responsive proposals will not be considered for award, nor displayed on any tabulation/summary sheet prepared by the City.

All costs incurred by the Proposer associated with RFP preparations and subsequent interviews and/or negotiations, which may or may not lead to an offer of award, shall be borne entirely and exclusively by the proposer.

Proposal format The proposal format requirements were developed to aid Proposers in their proposal development. They also provide a structured format so reviewers can systematically evaluate several proposals. These directions apply to all proposals submitted.

The purpose of this RFP is to demonstrate the professional qualifications, past experiences, and knowledge within this industry. The proposal must address all the points outlined herein as required, in the following order:

1. Transmittal Letter

• The RFP number and title.

• Name of the firm responding, including mailing address, e-mail address, telephone number, and contact person or persons.

• The name of the person or persons authorized to make representations on behalf of the firm, binding the firm to a contract.

• Prepare an executive summary stating the respondent’s understanding of the project, approach, and opinion why the respondent’s firm should be chosen. Include any general information the proposer wishes the City to consider about the proposal.

2. Firm Qualifications and Experience

• A qualification summary containing a description of the firm’s qualifications and the resumes of all key personnel including all outside consultants and/or sub-contractors to be employed on this project including their longevity with their respective firms and a brief description of their roles in the project.

• Provide an organizational chart that reflects the team and lines of authority or responsibility.

3. Project Team Composition and Expertise

• The name and relevant experience of the project manager, who will have direct and continued responsibility for the project. This person will be the City’s contact on all matters dealing with the project and will handle all day-to-day activities from project initiation to completion.

• The proposed team must include all professional disciplines necessary as required by the RFP; a NASSCO certification is preferred (specifically Pipeline Assessment Certification Program (PACPR).

• Displays familiarity with pertinent local, state, and federal regulations.

4. Project Approach and Methodology

• Describe the firms’ approach in creating and managing the above defined scope.

Include detail for the approach and methodology for managing information and input from designated City staff.

• Provide specific examples of prior work that led to actionable, strategic recommendations.

• Include a proposed project schedule.

5. Proven Performance and References

• Provide a minimum of three references for projects completed in the last five years that involved a similar scope for a government or public-sector entity. Include a brief description of the project and the consultant’s role in each project. Provide contact information including name of the client, address, telephone number, and email address.

6. Fee Proposal

• Provide a fee proposal for the turnkey services as outlined in the Task Price Sheet.

7.0 PROPOSAL EVALUATION CRITERIA

7.1 Evaluation Details

The City will evaluate proposals based on the criteria outlined within this section, which shall be applied to all eligible, responsive proposals in selecting the successful Proposer.

The City reserves the right to disqualify any proposal for, but not limited to; proposals deemed as non-responsive and/or non-responsible. The City reserves the right to make such investigations of any submitted proposal as required.

Award of any contract may be made without discussion with Proposers after responses are received. The City reserves the right to cease contract negotiations if it is determined that the proposer cannot perform services specified in their response.

7.2 Evaluation Criteria

Proposal evaluation criteria will be grouped into percentage factors as follows:

A. Firm Qualifications and Experience. (Maximum 30 points)

B. Project Team Composition and Expertise. (Maximum 25 points)

C. Project Approach and Methodology. (Maximum 20 points)

D. Proven Performance and References. (Maximum 15 points)

E. Fee Proposal. (Maximum 10 points)

8.0 SELECTION PROCESS

8.1 Details

An evaluation committee shall be formed to review and evaluate the proposals. The evaluation committee shall complete evaluation forms giving consideration to information provided in the proposals.

The evaluation committee may elect to interview firms short-listed but reserves the right to award the contract based on the evaluation committee’s review and ranking of proposals. If the evaluation committee chooses to short-list and interview for these services, 15 additional points per evaluator will be allocated for this phase, and these points will be added to the totals from the proposals review phase.

8.2 Contract Negotiation

Fee negotiations may be conducted for performance of the contract at a price which is fair and reasonable. Should the City be unable to negotiate a contract at a price that is fair and reasonable, negotiations shall be formally terminated with the highest ranked offeror and the City shall have the option to commence negotiations with the second ranked offeror.

The selected firm will be responsible for developing and submitting a detailed Project Scope and Schedule to be included in the contract documents. This scope and schedule shall be consistent with the requirements of this RFP and is subject to approval by the City of Clemson.

PROPOSAL SUBMISSION SHEET

The following documents must be included with the Proposal. Omission of any one may be reason for disqualification.

1. RFP Signature Form (must be signed in ink)

2. Certificate of Insurance showing proof of City required coverages and limits

3. Copy of the Offeror's City Business License (A Business License is not required to submit an offer, however, if an award is made, the offeror will have ten (10) days to furnish a copy of the license to the Procurement Division).

4. Ethics in Public Contracting Certification

5. Non-Collusion Affidavit

6. Certification of Compliance with the South Carolina Illegal Immigration Reform Act

7. Certificate of Non-Discrimination

8. Sub-contractor/Sub-consultant Participation form

9. Non-Resident…