Water_Management_Renovations_at_Pocotaligo_Preserve_-_Phase_II.pdf

REQUEST FOR PROPOSAL

WATER MANAGEMENT RENOVATIONS AT

POCOTALIGO PRESERVE - PHASE II

RFP # 091726

Prepared By: Land Preservation

Dated: Monday, August 17, 2026

Proposal Due Date: Thursday, September 17, 2026, 3:00 pm (EST)

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NOTICE

COUNTY COUNCIL OF BEAUFORT COUNTY

PROCUREMENT SERVICES DEPARTMENT

106 Industrial Village Road, Bldg. 2 Post Office Drawer 1228 Beaufort, South Carolina 29901-1228

PROPOSAL NOTICE NO. 091726

CLOSING DATE AND TIME: Thursday, September 17, 2026, 3:00 pm PROPOSAL TITLE: Water Management Renovations at Pocotaligo Preserve - Phase II

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

There will be a Non-Mandatory Pre-Proposal meeting at 2:00 pm (EST) on Wednesday, September 2, 2026 at Please email gmurray@bcgov.net for Teams invitation.. Please contact gmurray@bcgov.net for the meeting link. All vendors are encouraged to attend.

In order for your proposal to be considered, it must be submitted through the Procurement Portal no later than 3:00 pm (EST) on Thursday, September 17, 2026, at which time respondents to this request will be recorded in the presence of one or more witnesses. RFPs received after the time specified will not be considered. Due to the possibility of negotiation with all respondents, the identity of any respondents or the contents of any proposal shall not be public information until after the contract award is made; therefore, the public is not invited to the proposal closing.

Proposals must be submitted through the Procurement Portal at https://procurement.opengov.com/portal/bcgov. If you are not already registered, please register as a Vendor. There is no cost to register your company. This will allow you to submit your RFP electronically.

All submittals (see Submission Requirements) received in response to this Request for Proposal will be rated by a Selection Committee, based upon the Evaluation Criteria contained within this

RFP. If the best proposal respondent is clearly identified from the point summary, there will not be a need for oral presentations. If not, then an oral presentation from a minimum of the top two rated firms shall be required.

This solicitation does not commit Beaufort County to award a contract, to pay any costs incurred in the preparation of a proposal, or to procure or contract for the articles of goods or services. The

County reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with all qualified firms, or to cancel in part or in its entirety this solicitation, if it is in the best interests of the County to do so.

Dave Thomas, Procurement Services Director

(843) 255-2304 https://procurement.opengov.com/portal/bcgov

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IMPORTANT ELECTRONIC SUBMITTAL REQUIREMENTS

Response submittals for this Request for Proposal will ONLY be received electronically and must be submitted ONLINE, through the Procurement Portal, no later than 3:00 pm on Thursday, September 17, 2026.

All responses must adhere to the following guidelines:

• Suppliers are encouraged to submit responses as soon as possible. Responses are received through our secure Procurement Portal and cannot be opened prior to the due date and time. The time and date of receipt as recorded by the server will serve as the official time of receipt. The County is not responsible for late submissions, regardless of the reason.

• All requested information and forms MUST be uploaded as indicated in the

PROPOSAL SUBMITTAL Section. If you have a problem with your submittal, you may contact Support through the Procurement Portal.

https://procurement.opengov.com/portal/bcgov/projects/290826/document?section=2800919 mailto:cservice@vendorregistry.com

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TITLE VI STATEMENT

COUNTY COUNCIL OF BEAUFORT COUNTY

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

Consultants

It is the policy of the County Council of Beaufort County, South Carolina, hereafter referred to as

“Beaufort County” or “the County”, to comply with Title VI of the 1964 Civil Rights Act (Title

VI) and its related statutes. To this end, Beaufort County assures that no person shall be excluded from participation in, denied the benefit of, or subjected to discrimination under any of its programs or activities on the basis of race, color, national origin, age, sex, disability, religion, or language regardless of whether those programs and activities are Federally funded or not. The

County is also committed to assuring every effort will be made to prevent the discrimination of low-income and minority populations as a result of any impact of its programs or activities. Beaufort County also assures that every effort will be made to prevent discrimination through the impacts of its programs, policies, and activities on minority and low-income populations. Additionally, the County will take reasonable steps to provide meaningful access to services for persons with limited English proficiency. In addition, Beaufort County will not retaliate against any person who complains of discrimination or who participates in an investigation of discrimination. Beaufort County will, where necessary and appropriate, revise, update, and incorporate nondiscrimination requirements into appropriate documents, directives, and regulations.

Pursuant to Title VI requirements, any entity that enters into a contract with Beaufort County including, but not limited to Prime Contractors, Subcontractors, Architects, Engineers, and

Consultants, may not discriminate on the basis of race, color, national origin, age, sex, disability, religion, or language in their selection and retention of first-tier subcontractors, and first-tier subcontractors may not discriminate in their election and retention of second-tier subcontractors, including those who supply materials and/or lease equipment. Further, Contractors may not discriminate in their employment practices in connection with highway construction projects or other projects assisted by the U.S. Department of Transportation (USDOT) and/or the Federal

Highway Administration (FHWA).

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

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

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

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

In the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of this direction to comply with Title VI, the Contractor may request USDOT to enter into such litigation to protect the interests of USDOT and FHWA. Additionally, the

Contractor may request the United States to enter into such litigation to protect the interests of the

United States. Any person or Subcontractor who believes that they have been subjected to an unlawful discriminatory practice under Title VI has a right to file a formal complaint within one hundred eighty (180) days following the alleged discriminatory action. Any such complaint must be filed in writing or in person:

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

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

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INSURANCE REQUIREMENTS

4.1. INSURANCE REQUIREMENTS

4. 1.1 INSURANCE REQUIREMENTS: Prior to commencing work/delivery hereunder, contractor/vendor, at his expense, shall furnish insurance certification showing the certificate holder as Beaufort County, P. O. Drawer 1228, Beaufort, SC 29901, Attention: Risk Management Director, and with a special notation naming Beaufort County as an additional insured on the liability coverages. Minimum coverage shall be as follows:

4.1.2 Worker’s Compensation Insurance – Contractor shall have and maintain, during the life of this contract, Worker’s Compensation Insurance for his or her employees connected to the work/delivery, in accordance with the Statutes of the State of South Carolina and any applicable laws. Employers Liability minimum limits required $500,000

4.1.3 Commercial General Liability Insurance - Contractor shall have and maintain, during the life of this contract, Commercial General Liability Insurance. Said Commercial General Liability Policy shall contain

Contractual Liability and Products/Completed Operations Liability subject to the following minimum limits:

$1,000,000 Each Occurrence/ $2,000,000 General Aggregate and $2,000,000 Products/Completed

Operations Aggregate naming Beaufort County as an additional insured.

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

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

4.2.2 Builders Risk/Instillation (For Construction Projects Only) Contractor is to provide

Builders Risk/Instillation coverage at finished replacement cost value. The coverage is to include building materials in transit or at the job site location.

4.2.3 Professional Liability (Errors & Omissions): (For Professional Services Only) Professional

Liability Insurance protects against losses that occur when a “professional” errors in judgement, planning, and design could result in economic loss to the entity or county. In order to determine if Professional Liability should be required ask yourself: Is the professional licensed or certified (i.e. architects, consultants, auditors, attorneys, engineers, etc.)? Required if a contractor is performing any type of design/build for a particular project. The vendor shall maintain a limit no less than $1,000,000 per occurrence:

4.3 The required insurance policy at the time of issue must be written by a company licensed to do business in the

State of South Carolina and be acceptable to the County.

4.4 The Contractor/vendor shall not cause any insurance to be canceled or permit any insurance to lapse. All insurance policies shall contain a clause to the effect that the policy shall not be canceled or reduced, restricted or limited, until fifteen (15) days after the County has received written notice, as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcript from the proper office of the insurer, the location, and the operations to which the insurance applies, the expiration date, and the above-mentioned notice of cancellation clause.

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

SCOPE OF WORK

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Non-Mandatory site visit to be held on September 3rd at 10am. Location coordinates: https://maps.app.goo.gl/qz5EhAZfy5wowvwR6 . Please RSVP to gmurray@bcgov.net. The site visit will begin at 10am. County staff have allocated a 2 hour block of time to see all the items in the scope of work. However, this is not a drop-in visit and if no one arrives by 10:30am, then staff will deem the site visit to be unattended.

5.1. Task 1: Double pipes with flap gates and dike in inland field canal

Currently, there is a partially constructed dike in the inland field canal. This is the place of a former break in a cross dike. Two new 36” x 25’ or 30’ 14-gauge corrugated aluminum pipes will be installed, each with aluminum flap gates installed on the south side of the dike. The desired cross section of the complete dike will be approximately 40’ long x 16’ bottom width x

10’ top width with 2’ height of fill on top of the pipes. The fill can come from the canal adjacent to where the dike will be built. Approximately 115 cubic yards of material will be needed to build the complete dike. The built dike should match existing grades of surrounding dikes, or the southern dike can be raised to match the new grade following installation of pipes and fill placement. Approximately 11 cubic yards of rip rap will be placed on the upstream NW side to provide support during heavy storm runoff. See attachment 3 and 4 on the attached scope document for illustrated examples.

Specs:

- Two 36” x 25’ or 30’ 14-gauge corrugated aluminum pipes

- Two aluminum flap gates for the pipes

- Approximately 11 cubic yards of rip rap on the upstream NW side

- Approximately 115 cubic yards of material needed, this can come from the adjacent canals

5.2. Task 2: Install new rice trunk in center of cross dike

The existing structure shall be decommissioned in place by filling the culvert box with onsite material and entombing the entire structure within the existing dike. Replacement Trunk: Install a standard 5’ x 32’x 18” with a 5-6’ riser Combahee style trunk with single side boards (4” width) and 3 paddle board pry bar lift at an adjacent site located in the embankment. The installation will include a 20’ bulkhead utilizing 3”x 10” umber for cribbing boards and full length 3” x 10” Sloppy V puncheon boards. Bulkhead pilings are to be a minimum of 8” top and

25’ in length. Pilings shall be connected with either ¾” stainless cabling or all-thread rod. All wooden components used in both tasks shall be 2.5 CCA treated marine grade construction lumber and all metal fasteners shall be stainless steel. Any cut or untreated surfaces subject to long term inundation shall be treated with marine anti-fouling paint to reduce the risk of invasion by marine borers. Additionally, an aluminum riser cover with lock, and cable trunk door locks will be required to prevent public tampering and increase safety. See attachment 5 on the attached scope document, and the two additional trunk guides, for illustrated examples.

Specs:

- One standard sized 32’ x 5’ x 18” with a 5-6’ riser Combahee style rice trunk

- 20’ wooden bulkheads

- 2.5 CCA treated marine grade lumber https://maps.app.goo.gl/qz5EhAZfy5wowvwR6 mailto:gmurray@bcgov.net

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- Stainless steel hardware

- Aluminum riser cover with locks, cable trunk door lock

5.3. Task 3: Raise cross dike with fill from canal

Following installation of the rice trunk, the dike will be retopped. Trees and vegetation on the edge of the dike will have to be removed prior to retopping. This vegetative material can either be moved to an offsite location or mulched in place. The dike is approximately 810’ long, 18’ wide at the top, and 2’ of fill will be placed to raise the grade of the dike. This fill material will come from the eastern side of the dike with the purpose of also creating a circulation canal parallel with the dike. See attachment 6 on the attached scope document for illustrated example.

Specs:

- Approximately 1,080 cubic yards of fill from the Tidal field 1 impoundment

5.4. Task 4: Repair break in dike

Task 4 is approximately 2,900’ east down an existing southern diversion dike in Tidal Field 1.

There is a break in the dike approximately 4’ long x 5’ deep x 15 wide. There is also a nonfunctional wooden structure that must be removed and disposed offsite. This break will be bulkheaded and plugged with fill to ensure sealing of the dike. This material can come from the adjacent canals or an offsite upland location. If fill is obtained from an offsite upland location it would need to be clean sand clay fill. The installation will include a 25’ bulkhead utilizing 3”x

10” lumber for cribbing boards and full length 3”x 10” Sloppy V puncheon boards. Bulkhead pilings are to be a minimum of 8” top and 25’ in length. Pilings shall be connected with either

¾” stainless cabling or all-thread rod. All wooden components used shall be 2.5 CCA treated marine grade construction lumber and all metal fasteners shall be stainless steel. Any cut or untreated surfaces subject to long term inundation shall be treated with marine anti-fouling paint to reduce the risk of invasion by marine borers. See attachment 7 on the attached scope document for illustrated example.

Specs:

- Approximately 20 cubic yards of fill

- 25’ wooden bulkheads

- 2.5 CCA marine grade treated lumber

- Stainless steel hardware

5.5. Task 5: Install flashboard riser in middle of southern dike (before powerline)

Install a 36” x 30’ 14 gauge aluminum pipe with a 48” x 5’ aluminum riser with flap gate just before the powerline on the south diversion dike in Tidal Field 1. This structure should also have a locking aluminum cover on the riser and use aluminum flashboard riser boards. See attachment

8 on the attached scope document for illustrated example.

Specs:

- One 36” x 30’ 14 gauge corrugated aluminum pipe with a 48” x 5’ aluminum riser

- One aluminum flapgate for pipe

- Aluminum riser boards

- Aluminum riser cover with lock

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5.6. Task 6: Excavate circulation canal and use fill to widen existing dike

Following installation of the riser, an access dike is to be installed parallel to the existing south diversion dike leading back to cross dike separating Tidal Field 1 and 2. This berm will be built just outside the tree line of the trees located on the south diversion dike. It will have a 10’ top width x 15’ bottom width x a height that matches existing dike. This fill will come from Tidal

Field 1 and also have the shared goal of creating a circulation canal. See attachment 9 on the attached scope document for illustrated example.

Specs:

- 1,250’ berm creation: 10’ top W x 15’ bottom W x height that matches existing dike grade =

2,890 cubic yards of fill from impoundment

5.7. Task 7: Replace concrete pipe with new aluminum pipe and raise height of crossing

There is a pipe crossing that is low in elevation and experiencing some washout. The existing two concrete pipes will be removed and replaced with a 15” x 20’ aluminum pipe. The crossing will be raised 24” using approximately 60 cubic yards of upland fill. The grade should match the surrounding road. See attachment 10 on the attached scope document for illustrated example.

Specs:

- One 15” x 20’ 14 gauge corrugated aluminum pipe

- Approximately 60 cubic yards of upland fill

PROPOSAL SUBMISSION INSTRUCTIONS

1. Award shall be posted on the County's Procurement Portal.

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

3. Questions

A. Submit questions you have through the Procurement Portal no later than 5:00 pm on

Wednesday, September 9, 2026.

B. Answers to questions received that would change and/or clarify this solicitation will be posted on the Procurement Portal as addendum.

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

4. In order to do business with the Beaufort County, vendors must register through the

Procurement Portal at https://procurement.opengov.com/portal/bcgov. Registering allows businesses to identify the type of goods and services they provide so that they may receive email notifications regarding relevant solicitations out for bid.

EVALUATION CRITERIA

No. Evaluation Criteria Scoring Method Weight (Points)

1. Understanding

Demonstrated understanding of the goals, scope of work, and water management issues needing to be addressed during each task of the project.

Points Based 25 (25% of Total)

2. Approach

Approach of the accomplishment of the tasks in a timely manner and ability to meet water management objectives of the project.

Points Based 30 (30% of Total)

3. Experience

Quality and breadth of experience as provided in the form of similar projects and at least three

(3) references.

Points Based 30 (30% of Total)

4. Cost

Reasonable cost of each task to complete the project within available budget. If any individual task cost is beyond available budget, one or more tasks may be removed from the scope of work.

Points Based 15 (15% of Total)

PRICING PROPOSAL

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Task 1: Double pipes with flap gates and dike in inland field canal

1 LS

2 Task 2: Install new rice trunk in center of cross dike

1 LS

3 Task 3: Raise cross dike with fill from canal

1 LS

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

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Line Item Description Quantity Unit of

Measure Unit Cost Total

4 Task 4: Repair break in dike 1 LS

5 Task 5: Install flashboard riser in middle of southern dike (before powerline)

1 LS

6 Task 6: Excavate circulation canal and use fill to widen existing dike

1 LS

7 Task 7: Replace concrete pipe with new aluminum pipe and raise height of crossing

1 LS

TOTAL

PROPOSAL SUBMITTAL

1. Proposer confirms the proposal is firm for a period of at least 90 days from the closing date for submission of proposal.*

☐ Please confirm

*Response required

2. Please Provide Licenses and Certificate of Insurance. *

*Response required

3. Certification regarding Debarment, Suspension, Ineligibility, and Voluntary exclusion*

The contractor certifies, by submission of this qualification statement or acceptance of a contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State, Federal department, or agency.

It further agrees by submitting this qualification statement that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts.

Where the bidder/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/bid.

☐ Please confirm

*Response required

4. State whether your company has been involved in any litigation within the past five (5) years, arising out of your performance. *

☐ Yes

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☐ No

*Response required

When equals "Yes"

4.1. Explain fully any litigation involving performance.*

*Response required

5. Non-Segregated Facilities*

CERTIFICATION BY CONTRACTOR

Regarding

NON-SEGREGATED FACILITIES

The Bidder certifies that he does not, and will not, provide and maintain segregated facilities for his employees at his establishments and, further that he does not, and will not, permit his employees to perform their services at those locations, under his control, where segregated facilities are provided and maintained. Segregated fountains, transportation, parking, entertainment, recreation, ad housing facilities; waiting, rest, wash, dressing, and locker room, and time clock, work, storage, restaurant, and other eating areas which are set apart in fact, or by explicit directive, habit, local custom, or otherwise, based on color, creed, national origin, and race. The Bidder agrees that, except where he has obtained identical certifications from proposed subcontractors for specific time periods, he will obtain identical certifications from proposed subcontractors prior to the award of subcontractors exceeding $10,000.00 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity clause in this Contract. The penalty for making false statements is prescribed in 18 U.S.C. 1001.

☐ Please confirm

*Response required

6. Please upload any relevant certifications and/or licenses

7. Proposal (excluding pricing)*

To achieve a uniform review process and allow for adequate comparability, the information is to be organized in the manner specified below and the entire package must not exceed 15 double-sided printed pages excluding cover pages. Please include a cover page at the start of each section.

1. Executive Summary: Summary of your company's mission, management, services provided, and competitive advantage

2. Approach to the Planning Process: Explanation of the process to the Firm's Planning

Process for project kickoff

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3. Work Plan and Scheduling: A summary of tasks to be performed from evaluation of data through County approval of the final plan. Include a timeline of key milestone to include overall durations for each major task.

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

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

*Response required

RESERVED RIGHTS

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

• Reject any or all consultants and re-advertise if deemed necessary

• Waive any or all formalities and technicalities

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

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

SELECTION AND NOTIFICATION

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

• Detailed scope of services

• Schedule for providing services

• Cost of services

BEAUFORT COUNTY STANDARDS FOR CONTRACTING

CHAPTER 1. TYPES OF CONSULTANT SERVICES REQUIRED:

Please see Scope of Work Section.

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CHAPTER 2. PROCEDURES FOR SELECTION OF CONSULTANTS

2-1. GENERAL

Qualifications-based procedures require that a contract for consulting services be awarded pursuant to a fair and open selection process based on the qualifications of the firms. The fees for such services are established following selection of a firm through a negotiation process to determine a fair and reasonable price.

2-2. OBJECTIVE

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

2-3. QUALIFICATIONS-BASED SELECTION PROCEDURES.

Consultants shall be selected based on their qualifications and experience, with fees determined through negotiations following selection. The highest ranked offeror shall be selected, and price proposals shall be negotiated with one or more of the firms identified through the qualifications-based selection procedure.

2-4. SELECTION CRITERIA.

Criteria include, but are not limited to, the following:

1. Please see the Evaluation Criteria Section.

CHAPTER 3. CONTRACT FORMAT

3-1. MANDATORY CONTRACT PROVISIONS.

All contracts involving State or Federal funds must contain the applicable procurement standards in 49 CFR 18.36. Listed below are those provisions which pertain to consultant contracts:

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

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

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

Department of Transportation, the Comptroller General of the United States, or any of the

RFP #091726 DOCUMENTS Page 16 duly authorized representatives shall have access to any books, documents, papers, and records of consultants which are directly pertinent to a specific grant program, for the purpose of making audits, examinations, excerpts, and transcriptions. Sponsors shall require consultants to maintain all required records for 3 years after the sponsor makes final payment and all other pending matters are closed.

4. In addition to the requirements contained in 49 CFR Section 23, Participation by

Minority Business Enterprises in Department of Transportation Programs, and AC

150/5100-15, Civil Rights Requirements for the Airport Improvement Program, current edition, the Title VI, and Disadvantaged Business Enterprise Assurances in Appendix 1 shall be included in each contract.

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

Frequently, the consultant is called upon to continue technical inspection services on construction contracts--overrunning the program schedule contemplated at the time of negotiation. In most instances, the time element is beyond the control of the consultant. To provide for the contingency of overrun of time, the agreement between the County and the consultant will state the period for which the compensation shall apply and that the consultant shall be reimbursed for services in excess of the specified period of time at a mutually acceptable fee negotiated at the time all the pertinent circumstances are known.

CHAPTER 4. METHODS OF CONTRACTING AND ALLOWABLE COSTS

4-1. ALLOWABLE COSTS.

1. Direct Salary Costs.

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

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

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

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

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

a. Provisions for office, light, heat, and similar terms for working space, depreciation allowances or rental for furniture, drafting equipment and engineering instruments, and office and drafting supplies not identifiable to specific projects.

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

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

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

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

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

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

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

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

C. Services directly applicable to the work such as special legal and accounting expenses, computer rental and programming costs, special consultants, borings, laboratory charges, commercial printing and bindings, and similar costs that is not applicable to general overhead.

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

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

F. Advertising costs which are solely for the recruitment of personnel required for the performance by the consultant of obligations arising under the contract.

4-2. NON-ALLOWABLE COSTS.

The expenses listed below are not allowable for reimbursement:

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

2. Contributions and donations.

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

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

5. Interest on borrowed capital.

6. Bonus payment for early completion of work.

4-3. FIXED PAYMENT.

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

CHAPTER 5. BEAUFORT COUNTY STANDARD CLAUSES

CONTRACTUAL REQUIREMENTS

1.0 EXCUSABLE DELAY: The Contractor shall not be liable for any excess costs, if the failure to perform the contract arises out of causes beyond the control and without the fault or

RFP #091726 DOCUMENTS Page 19 negligence of the Contractor. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of causes beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either of them, the Contractor shall not be liable for any excess costs for failure to perform, unless the supplies or services to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the

Contractor to meet the required delivery schedule.

2.0 S.C. LAW CLAUSE: Upon award of a contract under this Request for PROPOSALS, the person, partnership, association, or corporation to whom the award is made must comply with local and State laws which require such person or entity to be authorized and/or licensed to do business in Beaufort County. Notwithstanding the fact that applicable statutes may exempt or exclude the successful offeror from requirements that it be authorized and/or licensed to do business in

Beaufort County, by submission of this signed Request for PROPOSALS the offeror agrees to subject itself to the jurisdiction and process of the Fourteenth Judicial Circuit Court of Beaufort

County, as to all matters and disputes arising or to arise under the contract and the performance thereof including any questions as to the liability for taxes, licenses, or fees levied by State or local government.

3.0 OFFEROR’S PROPOSALS: Offeror must, upon request of the County, furnish satisfactory evidence of their ability to furnish products or services in accordance with the terms and conditions of this Request for PROPOSALS. The Procurement Services Department reserves the right to make the final determination as to the offeror’s ability to provide the services requested herein, before entering into any contract.

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

5.0 AFFIRMATIVE ACTION: The Contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of the handicapped and concerning the treatment of all employees, without regard or discrimination by reason of race, religion, sex, national origin, or physical handicap.

6.0 PRIME CONTRACTOR RESPONSIBILITIES: The Contractor will be required to assume sole responsibility for the complete effort, as required by this RFP. The County will consider the

Contractor to be the sole point of contact with regard to contractual matters.

7.0 SUBCONTRACTING: If any part of the work covered by this RFP is to be subcontracted, the Contractor shall identify the subcontracting organization and the contractual arrangements

RFP #091726 DOCUMENTS Page 20 made with same. All subcontractors must be approved, in writing by the County, or when applicable a political subdivision within the County with the County’s concurrence. The successful offeror will also furnish the corporate or company name and the names of the officers of any subcontractors engaged by the vendor. The County reserves the right to reject any or all subcontractors and require substitution of a firm qualified to participate in the work as specified herein.

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

County.

9.0 PERFORMANCE AND PAYMENT BONDS: (NOT Required for Professional Services)

The successful Contractor shall furnish, within ten (10) days after written notice of acceptance of

Request for PROPOSALS, Performance and Payment Bonds. Contractor shall provide and pay the cost of a both bonds. The Bonds shall be in the amount of one hundred percent (100%) the contract, issued by a Surety Company licensed in South Carolina with an “A” minimum rating of performance as stated in the most current publication of “Best’s Key Rating Guide, Property

Liability” which shall show a financial strength rating of at least five (5) times the Contract

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

10.0 NONRESIDENT TAXPAYERS: If the offeror is a South Carolina nonresident taxpayer and the contract amount is $10,000.00 or more, the offeror acknowledges and understands that in the event he is awarded a contract offeror shall submit a Nonresident Taxpayer Registration

Affidavit (State form #1-312-6/94), before a contract can be signed. Affidavit must certify that the nonresident taxpayer is registered with the S.C. Department of Revenue or the S.C. Secretary of State’s Office, in accordance with Section 12-9-310(A) (2) (3) of S.C. Code of Laws (1976) as amended.

11.0 BUSINESS LICENSE In accordance with the Beaufort County Business License

Ordinance, 99-36, Article III, as enacted November 22, 1999, any business or individual generating income in the unincorporated area of Beaufort County is required to pay an annual license fee and obtain a business license. The ordinance referenced is available on the Beaufort

County website at www.beaufortcountysc.gov or by calling the Business License Administrator at

(843) 255-2270 for a list of schedules.

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

13.0 INSURANCE REQUIREMENTS: Prior to commencing work/delivery hereunder, Contractor/Vendor, at his expense, shall furnish insurance certification showing the certificate holder as Beaufort County, P.O. Drawer 1228, Beaufort, SC 29901-1228, Attention: Procurement

Services Director and with a special notation naming Beaufort County as an additional insured on the liability coverage. Minimum coverage shall be as follows:

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

2. Commercial General Liability Insurance – Contractor shall have and maintain, during the life of this contract, Commercial General Liability Insurance. Said Commercial General

Liability Policy shall contain Contractual Liability and Products/Completed Operations

Liability subject to the following minimum limits: $1,000,000 Each Occurrence/

$2,000,000 General Aggregate and $2,000,000 Products/Completed Operations

Aggregate naming Beaufort County as an additional insured.

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

4. ADDITIONAL INSURANCE REQUIREMENT: Umbrella Liability Insurance –

Contractor shall have and maintain, during the life of this contract, Umbrella Liability

Insurance with a minimum limit of $2,000,000

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

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

7. The Contractor/vendor shall not cause any insurance to be canceled or permit any insurance to lapse. All insurance policies shall contain a clause to the effect that the policy shall not be canceled or reduced, restricted, or limited until fifteen (15) days after the County has received written notice, as evidenced by return receipt of registered or certified letter. Certificates of Insurance shall contain transcript from the proper office of the insurer, the location, and the operations to which the insurance applies, the expiration date, and the above-mentioned notice of cancellation clause.

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

14.0 INDEMNITY:

The Contractor hereby agrees to indemnify and save harmless the County, its officers, agents, and employees from and against any and all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and cost of actions, including attorney’s fees for trial and on appeal of any kind and nature arising or growing out of or in any way connected with the performance of the Agreement, whether by act of omissions of the Contractor, its agents, servants, RFP #091726 DOCUMENTS Page 22 employees or others, or because of or due to the mere existence of the Agreement between the parties.

15.0 TERMINATION FOR DEFAULT:

15.1 The performance of Work under the Agreement may be terminated by the

Procurement Services Director, in accordance with this clause, in whole or in part, in writing, whenever the Director of Procurement Services shall determine that the Contractor has failed to meet the performance requirements of this Agreement.

15.2 The Procurement Services Director has the right to terminate for default, if the

Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the Agreement, or if the Contractor fails to perform any other provisions of the Agreement.

16.0 TERMINATION FOR CONVENIENCE: The County may without cause terminate this contract in whole or in part at any time for its convenience. In such instance, and adjustment shall be made to the Contractor, for the reasonable costs of the work performed through the date of termination. Termination costs do not include lost profits, consequential damages, delay damages, unabsorbed or under absorbed overhead of the Contractor or its subcontractors, and/or failure to include termination for convenience clause into its subcontracts and material purchase orders shall not expose the County to liability for lost profits in conjunction with a termination for convenience settlement or equitable adjustment. Contractor expressly waives any claims for lost profit or consequential damages, delay damages, or indirect costs which may arise from the County’s election to terminate this contract in whole or in part for its convenience.

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

SPECIAL INSTRUCTIONS

1.0 INTENT TO PERFORM: It is the intent and purpose of Beaufort County that this request permits competition. It shall be the offeror’s responsibility to advise the Procurement Services

Department if any language, requirements, etc., or any combinations thereof inadvertently restricts or limits the requirements stated in this RFP to a single source. Such notification must be submitted in writing and must be received by the Procurement Services Department not later than ten (10) days prior to the Request for PROPOSALS opening date. A review of such notifications will be made.

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

3.0 PREPARATION OF REQUEST FOR PROPOSALS

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3.1 All Requests for PROPOSALS should be complete and carefully worded…