Active SLED Opportunity · SOUTH CAROLINA · RICHLAND COUNTY
AI Summary
Richland County seeks bids for the St. Andrews Road Sidewalk Project involving construction of 1860 lf of concrete sidewalk, curb repair, pedestrian ramps, asphalt paving, grading, traffic control, utility relocations, and erosion control. Pre-proposal meeting on April 16, 2026; bids due May 6, 2026.
Richland County (the County) is seeking electronic bids from qualified suppliers to provide a new sidewalk along Saint Andrews Road from Broad River Road northeast to it’s terminus. The project includes the construction of 1860 lf of concrete sidewalk, minor curb and gutter repair, pedestrian ramps, mix asphalt paving for driveways, grading, earthwork, traffic control, utility relocations, and erosion control activities.
Richland County is located in the center of South Carolina and covers a total area of 756 square miles. The County surrounds the state capital city of Columbia, which is also the County seat. Established in 1785, the County has grown to become home to just over 400,000 residents, and represents a thriving business, industrial, governmental, and educational center. The County employs approximately 1765 people and operates a general fund budget in excess of $100 million dollars.
The County is governed by an 11-member council, which in turn appoints an Administrator to handle daily operations and to provide professional expertise in government management. Under state law, the County is the primary governmental unit for the administration of law enforcement, justice, health, education, taxation, social service, library service, agricultural service, and the maintenance of public records.
The OFFEROR shall take affirmative steps to assure that minority businesses, women-owned businesses and historically underutilized area firms are used when possible.
Affirmative steps shall include:
(i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
(ii) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;
(iii) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
(iv) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises;
(v) Using the services and assistance of the Small Business Administration, and the Minority Business Development Agency of the Department of Commerce
The OFFEROR must complete the Minority/Disadvantaged Business Enterprise Participation form with information on each certified firm and upload it in the Vendor Questionnaire section of this solicitation response.
VERIFYING CERTIFICATION
Offeror is responsible for verifying each SLBE to be used on this contract is eligible at bid opening. The SLBE and Emerging SLBE firms named must be certified to provide the services they are listed to perform, and the services must be required as part of the work on this contract. If Offeror lists a firm as an SLBE that is denied certification or determined not to have been eligible for SLBE certification as of the date of submission of Offeror’s bid or in response to an RFQ or RFP, Offeror will not be eligible to receive the benefits of any SLBE Program Affirmative Procurement Initiatives that have been applied to that solicitation based upon the participation of that non-certified firm on this contract. Failure to meet the SLBE Participation Goal established by the Office of Small Business Opportunity (OSBO) may deem the submittal non-responsive.
CONTRACT REQUIREMENTS
During the term of the contract, any unjustified failure to comply with the proposed SLBE participation requirements is a material breach of contract.
Before final payment may be made under the contract, the contractor must submit the Subcontractor Utilization Form with its final payment request. The Subcontractor Utilization Form will include a list of the names of all SLBE and Emerging SLBE, and the total amount paid to each, including the amounts for any change orders.
SUBSTITUTION OF SLBE
The OSBO Department must approve substitution of an SLBE firm whose participation has been specified at bid opening. Any unjustified failure to comply with this requirement is a material breach of contract.
WAIVER REQUESTS
During the contract, if an Offeror is unable to comply with a contract goal or the level of SLBE participation stated in its proposal or bid, the Offeror may submit a waiver request with stated justification to the OSBO Department. No waiver will be granted unless the waiver request includes documentation that demonstrates a good faith effort to comply with the committed level of SLBE participation, and termination of the originally proposed SLBE firm is for cause.
Each bidder shall submit with his Bid a Bid Bond with a surety company licensed in South Carolina, in the amount of five percent (5%) of the total Bid amount. The Bid Bond penalty may be expressed in terms of a percentage of the Bid price or may be expressed in dollars and cents. If Bid Bonds are to be submitted electronically, they may be submitted by using SURETY2000 a web-based system designed as e-commerce clearing houses for the insurance industry. In addition, you may use SUREPATH, an alternate online bonding system. The Contractor’s surety agent enters the bond information into the SURETY2000 or SUREPATH system and provides the bidder with a Bid Bond authentication number. The Contractor enters the authentication number in the appropriate place in the electronic bid system for the project along with his other bid information.
Richland County (the County) is seeking electronic bids from qualified suppliers to provide a new sidewalk along Saint Andrews Road from Broad River Road northeast to it’s terminus. The project includes the construction of 1860 lf of concrete sidewalk, minor curb and gutter repair, pedestrian ramps, mix asphalt paving for driveways, grading, earthwork, traffic control, utility relocations, and erosion control activities.
Richland County is located in the center of South Carolina and covers a total area of 756 square miles. The County surrounds the state capital city of Columbia, which is also the County seat. Established in 1785, the County has grown to become home to just over 400,000 residents, and represents a thriving business, industrial, governmental, and educational center. The County employs approximately 1765 people and operates a general fund budget in excess of $100 million dollars.
The County is governed by an 11-member council, which in turn appoints an Administrator to handle daily operations and to provide professional expertise in government management. Under state law, the County is the primary governmental unit for the administration of law enforcement, justice, health, education, taxation, social service, library service, agricultural service, and the maintenance of public records.
Bids received will be evaluated by the Procurement Director or designee. However, based on bid total, final decision for bid award may rest with the Richland County Council.
In this section of the Bid/Contract, it typically refers to national organizations and standard-setting bodies such as the National Electrical Manufacturers' Association, the National Fire Protection Association, etc.
Since these organizations are often abbreviated in the specifications, it helps to spell out in the Bid/Contract what each abbreviation stands for.
The following listed abbreviations may be found in the Contract Documents:
Unless otherwise specifically provided, such abbreviations when used in connection with a standard, code, specification, or recommendation refer to the issue current as of the date of the specification or drawing containing such abbreviation.
Richland County is seeking electronic bids from qualified vendors to provide a new sidewalk along Saint Andrews Road from Broad River Road northeast to its terminus. The project includes the construction of 1860 lf of concrete sidewalk, minor curb and gutter repair, pedestrian ramps, mix asphalt paving for driveways, grading, earthwork, traffic control, utility relocations, and erosion control activities.
See ATTACHMENTS & EXHIBITS for Project Manual and sample close-out forms.
In this section of the Bid/Contract, it typically refers to national organizations and standard-setting bodies such as the National Electrical Manufacturers' Association, the National Fire Protection Association, etc.
Since these organizations are often abbreviated in the specifications, it helps to spell out in the Bid/Contract what each abbreviation stands for.
The following listed abbreviations may be found in the Contract Documents:
Unless otherwise specifically provided, such abbreviations when used in connection with a standard, code, specification, or recommendation refer to the issue current as of the date of the specification or drawing containing such abbreviation.
CONTRACTOR shall take all precautions necessary to protect the public against injury.
| Release Project Date: | April 6, 2026 |
| Pre-Proposal Meeting (Non-Mandatory): | April 16, 2026, 10:00am Microsoft Teams |
| Question Submission Deadline: | April 24, 2026, 2:00pm |
| Response Submission Deadline: | May 6, 2026, 2:00pm |
SUPPLIER shall take all precautions necessary to protect the public against injury.
A certified check may be submitted in lieu of a Bid Bond, and it shall be made payable to the Richland County Treasurer's Office, in the amount of 5% of the total Bid amount. Certified Checks must be submitted to Office of Procurement located at 2020 Hampton Street, Suite 3064, Columbia, SC 29204 PRIOR to the advertised time for bid opening. Certified Checks must be submitted and identified as such in a sealed envelope. Envelopes are kept in a secure location until such time as bids are opened.
Bid Bonds and Certified Checks submitted after the bid due date and time will not be accepted. The County is not responsible for delays in USPS, express delivery service, or hand-delivered bid bonds. Failure to timely submit a Bid Bond or Certified Check will result in the bid being deemed nonresponsive. Bid Bonds/Certified Checks will be returned to the unsuccessful bidders after award and will be returned to the successful bidder after acceptance of the final contract by the successful bidder.
CONSULTANT will comply with "all applicable federal, state and local acts, laws, and regulations" and at a minimum comply with the acts and standards listed below as they relate to architectural and engineering services provided under this Agreement:
Deramus Forrester
Contract Analyst
forrester.deramus@richlandcountysc.gov
No official or employee of the County shall participate personally through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in a proceeding, application, request for a ruling or other determination, contract, grant cooperative agreement, claim, controversy, or other particular matter in which these funds are used, where to his/her knowledge he/she or her/his immediate family, partners, organization, other than a public office in which he/she is serving as an officer, director, trustee, partner, or employee or any person or organization with which he/she is negotiating or has any arrangement concerning prospective employment, has a financial interest.
The successful bidder shall pay the cost and furnish within ten (10) days after written notice of acceptance of Bid, separate Performance and Payment Bonds. The Surety shall issue the bonds in the amount of 100% of the total contract covering the entire term of the contract as awarded.
Bonds must be issued by a Surety Company licensed to do business 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. Each 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.
A Mandatory Pre-Bid Meeting will be held at 10:00 am on Thursday, April 16, 2026 at Microsoft Teams https://teams.microsoft.com/meet/27647632553698?p=NP2c5hJu7E25aFGF2S Meeting ID: 276 476 325 536 98 Passcode: RV2wQ6kd. Attendance is required in order to submit a bid. Bids from Vendors who do not attend the pre-bid meeting will be disqualified.
CONSULTANT will comply with "all applicable federal, state and local acts, laws, and regulations" and at a minimum comply with the acts and standards listed below as they relate to architectural and engineering services provided under this Agreement:
No official or employee of the County shall participate personally through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise in a proceeding, application, request for a ruling or other determination, contract, grant cooperative agreement, claim, controversy, or other particular matter in which these funds are used, where to his/her knowledge he/she or her/his immediate family, partners, organization, other than a public office in which he/she is serving as an officer, director, trustee, partner, or employee or any person or organization with which he/she is negotiating or has any arrangement concerning prospective employment, has a financial interest.
CONTRACTOR shall take affirmative action in complying with all Federal, State and County requirements concerning fair employment, employment of the handicapped, and concerning the treatment of all employees, without regard or discrimination by reasons of race, color, sex, national origin and/or physical handicap. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
SUPPLIER shall take affirmative action in complying with all Federal, State and County requirements concerning fair employment, employment of the handicapped, and concerning the treatment of all employees, without regard or discrimination by reasons of race, color, sex, national origin and/or physical handicap. The SUPPLIER shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the SUPPLIER to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
There is a Non-Mandatory Pre-Bid Meeting scheduled for 10:00 am on Thursday, April 16, 2026 located at Microsoft Teams https://teams.microsoft.com/meet/27647632553698?p=NP2c5hJu7E25aFGF2S Meeting ID: 276 476 325 536 98 Passcode: RV2wQ6kd
Vendors are highly encouraged to attend the pre-bid meeting, but attendance is not required in order to submit a bid.
Offers that are uncertain as to terms, delivery, compliance requirement, and/or specifications, may be rejected or otherwise disregarded.
Vendors shall submit all inquiries regarding this bid via the County's eProcurement Portal, located at https://procurement.opengov.com/portal/richlandcountysc by 2:00 pm on Friday, April 24, 2026. Please note the deadline for submitting inquiries. All answers to inquiries will be posted on the county eProcurement Portal. Bidders may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.
The Contractor's attention is specifically directed to the fact that it is of the utmost importance during the life of this contract that control of water pollution due to sedimentation be accomplished as shown on the engineering drawings and/or in accordance with South Carolina D.H.E.C. requirements. The restrictions contained therein shall be strictly enforced and the Contractor is cautioned, therefore, to make every effort possible to comply with these regulations, and shall conduct his operations in such a manner as to keep to an absolute minimum amount of sedimentation introduced in to any stream or watercourse.
All amendments to and interpretations of this Agreement shall be in writing. Any amendments or interpretations that are not in writing shall not be recognized by the County or its agents. It is the CONTRACTOR’S responsibility to acknowledge receipt of amendments either by signing and returning one (1) original of the amendment by letter.
Additional Insured Status:
Primary Coverage:
Notice of Cancellation
Vendors are required to register for an account via the county eProcurement Portal hosted by OpenGov. Once the bidder has completed registration, they will receive addenda notifications to their email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each bidder to periodically check the site for any addenda at https://procurement.opengov.com/portal/richlandcountysc.
All amendments to and interpretations of this Agreement shall be in writing. Any amendments or interpretations that are not in writing shall not be recognized by the County or its agents. It is the SUPPLIER’S responsibility to acknowledge receipt of amendments either by signing and returning one (1) original of the amendment by letter.
The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the Plans and Plan Drawings covered by this contract and any and all supplemental Plans and Drawings, and in accordance with the directions of the Engineer as given from time to time during the progress of the work. It shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the Contract and Specifications, and shall do, carry on, and complete the entire work to the satisfaction of the Engineer and the Owner.
At the site of work, the Contractor shall employ a superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representative shall be acceptable to the Engineer.
The CONTRACTOR shall furnish the County with certified copies of certificates of insurance with ten (10) calendar days of any notice to proceed. Richland County Government shall be named on the policies as certificate holder.
All original certificates of insurance shall be sent to:
Richland County Procurement and Contracting
Attn: Director of Procurement
2020 Hampton Street, Suite 3064
Columbia, SC 29204 - 1002
The Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352 (as amended) states CONTRACTORS who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
Offerors that developed or drafted specifications, requirements, statement of work, Request for Bids, or Request for Proposals from this solicitation shall be prohibited from participation in this proposed procurement.
The Engineer shall give all orders and directions contemplated under this Contract and Specifications relative to the execution of the work. The Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under the construction thereof. The Engineer's estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any questions shall arise between the parties hereto relative to said Contract or Specifications, the determination or decision of the Engineer shall be a condition precedent to the right of the Contractor to receive any money or for work under Contract affected in any manner or to any extent by such question.
The Engineer shall decide the meaning and intent of any portion of the Specifications and any Plan or Drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this Contract and other contractors performing work for the Owner shall be adjusted and determined by the Engineer.
No contract may be assigned, sublet, or transferred without written consent of the Director of Procurement.
The authorized representatives and agents of the Owner shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices materials and other relevant data and records.
The Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352 (as amended) states SUPPLIERS who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.
All changes and claims shall be in writing. The parties have right to make changes by written change order, with contract price and the time for completion being adjusted accordingly; and with the mutual acceptance by both parties.
COUNTY may order changes in the work, the Contract sum and time for completion may be adjusted accordingly. All such orders and adjustments must be in writing and subject to the terms and conditions of this Contract. Claims by the CONTRACTOR for extra cost and time for completion must be made in writing substantiated by specifications, scope of work and a proposal and must be approved by COUNTY before executing the work involved.
The Contractor expressly undertakes at its own expense:
Under no circumstances and with no exception will Richland County act as arbitrator between the Contractor and any subcontractor.
In addition to the requirements of SCDOT Standard Specifications for Highway Construction, add the following provisions:
When applicable, CONTRACTOR shall, at own expense, at all times keep the property and premises free from accumulation of debris, waste material, and rubbish, and at the completion of the work, shall remove tools, equipment and all surplus materials, debris, waste material, and rubbish and shall leave the property and premises in a neat and clean condition. If CONTRACTOR does not attend to such cleaning immediately upon request, COUNTY shall have the right to have this work done by others and deduct the cost therefor from the payment due CONTRACTOR hereunder.
No contract may be assigned, sublet, or transferred without written consent of the Director of Procurement.
Should the Owner be prevented or enjoined from proceeding with work or from authorizing its prosecution either before or after its prosecution, by reason of any litigation, the Contractor shall not be entitled to make or assert claim for damage by reason of said delay, but time for completion of the work will be extended to such reasonable time as the Owner may determine will compensate for time lost by such delay with such dete1mination to be set forth in writing.
Plans, Attachments, Addendums, Change Orders, Specifications, Scope of Service/Work, General Conditions, Special Conditions, Requirements and all Supplementary Documents, will be essential parts of agreed on Contract and requirements occurring in one are as binding as though occurring in all.
All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Engineer, who shall be the final judge of the quality and suitability of the work, materials, processes of manufacture, and methods of construction for the purposes for which they are used.
Any defective work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, found to exist shall be removed and replaced by work and materials which shall conform to the Specifications or shall be remedied otherwise in an acceptable manner authorized by the Engineer.
Upon failure on the part of the Contractor to comply promptly with any order of the Engineer, made under the provisions of these General Provisions, the Engineer shall have authority to cause defective work to be remedied or removed and replaced and unauthorized work to be removed and to deduct the costs from any monies due or to become due the Contractor under this Contract.
The Director of Procurement/Contracting Officer shall have the authority to act on the behalf of the County to make binding decisions with respect to this Agreement. Questions or problems arising after award of this contract shall be directed to the Director of Procurement, 2020 Hampton Street, Suite 3064, Columbia, South Carolina, 29204-1002. This Agreement may be non-exclusive.
All changes and claims shall be in writing. The parties have right to make changes by written change order, with contract price and the time for completion being adjusted accordingly; and with the mutual acceptance by both parties.
COUNTY may order changes in the work, the Contract sum and time for completion may be adjusted accordingly. All such orders and adjustments must be in writing and subject to the terms and conditions of this Contract. Claims by the SUPPLIER for extra cost and time for completion must be made in writing substantiated by specifications, scope of work and a proposal and must be approved by COUNTY before executing the work involved.
It is hereby understood and mutually agreed, by and between the Contractor and Owner, that time is of the essence in this contract and that great energy and diligence shall characterize all operations carried on under this agreement.
The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at a rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for the completion of the work described herein is a reasonable time for the completion of the same, taking into consideration the average climate range and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree, as part consideration for the awarding of this Contract, to pay the Owner the amount specified in the Contract, not as a penalty but as liquidated damages for such breach of Contract as hereinafter set forth, for each and every calendar day that Contractor shall be in default after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and of the Specification wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be the essence of this Contract. Provided that the Contractor shall not be charged with liquidated damages or any excess cost when the owner determines that the Contractor is without fault and the Contractor's reasons for the time extension are acceptable to the Owner; provided further that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:
CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
When applicable, SUPPLIER shall, at own expense, at all times keep the property and premises free from accumulation of debris, waste material, and rubbish, and at the completion of the work, shall remove tools, equipment and all surplus materials, debris, waste material, and rubbish and shall leave the property and premises in a neat and clean condition. If SUPPLIER does not attend to such cleaning immediately upon request, COUNTY shall have the right to have this work done by others and deduct the cost therefor from the payment due SUPPLIER hereunder.
Plans, Attachments, Addendums, Change Orders, Specifications, Scope of Service/Work, General Conditions, Special Conditions, Requirements and all Supplementary Documents, will be essential parts of agreed on Contract and requirements occurring in one are as binding as though occurring in all.
The Final Walk Thru Inspection shall be performed by all parties involved at the project completion. The Contractor shall inform the Project Manager, in writing, for the substantial completion date of the project. The Contractor will be notified by the Project Manager within ten (10) working days of any incomplete and/or defective work. The Contractor shall immediately take such measures as necessary to remedy such deficiencies (not to exceed 30 calendar days) and shall notify the Project Manager at completion of the corrections. A second inspection shall be performed as required.
In case of default, the County reserves the right to purchase any or all items in open market, charging CONTRACTOR with any excessive costs. Should such charges be assessed, no subsequent Proposals of the defaulting CONTRACTOR shall be considered until the assessed charge has been satisfied.
The contractor will be solely responsible for compliance with applicable Building Code requirements, all dimensions, and all conditions relating to his work under this contract.
Offeror shall comply with all laws, ordinances, rules and regulations applicable to the work. If specifications or drawings are at variance therewith, Offeror shall promptly notify Buyer in writing and any necessary change shall be appropriately modified. Offeror shall bear all costs for any work it reasonably should have known was contrary to laws, ordinances, rules or regulations.
No payment, in whole or in part, shall be deemed a waiver of any defect in materials or workmanship, and the COUNTY reserves the right to withhold payment pending inspection of the work performed by CONTRACTOR. Notwithstanding payment by COUNTY of the sums due hereunder or failure of the COUNTY to discover or reject defective material and workmanship, the CONTRACTOR shall re-execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from the date of completion of the contract. The provisions of this article apply to work done by subcontractors as well as work done by direct employees of CONTRACTOR.
In no event shall the County, or any of its affiliates, representatives or any directors, officers, or employees or any of their respective parents of any of the foregoing be liable to Offeror or any of its Sub-suppliers, whether based on any theory whatsoever for any consequential, special, incidental, indirect, exemplary, multiple or punitive damages. Offeror hereby releases the County and each of its affiliates, representatives or any directors, officers and employees from any such liability.
The construction work must be carried on in such a manner, consistent with the practical conditions involved in the erection of the new work, as to cause the least amount of interference and inconvenience to the occupants of nearby or adjoining buildings or property.
CONTRACTOR shall not attempt to negotiate with the using department or other parties, and shall not discuss any aspects of the procurement without prior written approval of the Director of Procurement.
The Director of Procurement/Contracting Officer shall have the authority to act on the behalf of the County to make binding decisions with respect to this Agreement. Questions or problems arising after award of this contract shall be directed to the Director of Procurement, 2020 Hampton Street, Suite 3064, Columbia, South Carolina, 29204-1002. This Agreement may be non-exclusive.
Protect work and adjacent work at all times with suitable covering or by other approved methods. All damage to work in place caused by the contractor shall be repaired and restored to the original good and acceptable condition using same quality and kinds of materials, as required, to match and finish with adjacent work.
The parties agree to utilize the "escalation clause" by elevating the dispute upward in the County and utilizing the requirements established by the Richland County Government Code of Ordinances.
SUPPLIER warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the SUPPLIER for the purpose of securing business. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
The contractor shall keep the construction site clean and free from an accumulation of debris or materials during the construction. At the completion of the work, the entire facility and premises shall be left clean. All accumulations of trash and other materials which are not to be used in the construction must be removed from the premises on a daily basis.
It is hereby understood and agreed by the parties hereto that time is of the essence in this contract and that great energy and diligence shall characterize all operations carried on under this agreement.
In case of default, the County reserves the right to purchase any or all items in open market, charging SUPPLIER with any excessive costs. Should such charges be assessed, no subsequent Proposals of the defaulting SUPPLIER shall be considered until the assessed charge has been satisfied.
Upon completion of the project, CONTRACTOR shall furnish, at no extra charge all closeout documentation as it relates to the project and the AGREEMENT, including:
Warranties and/or guarantees,
Final affidavit or release and waiver of all liens from subcontractors Consent of Surety for final payment Minority Reports (when required); Project-related training materials and/or training plan;
Any licensing;
Contracted or plan for tech support, when appropriate; Statement of project final completion and acceptance; A ll required deliverables.
The County, Contracting Officer and the Contracting Officer’s Representative will recognize each project as complete only upon written confirmation. County will assess project completeness using contemporary best (practical) construction and other trades practices and evaluation criteria.
CONTRACTOR, individually and on behalf of its subcontractors, material, and workers hereby waives and agrees to indemnify and save harmless the COUNTY from all attachments, claims, and liens against COUNTY's property by reason of labor or materials or both, furnished for the work under this CONTRACT.
The Contractor agrees to comply with the requirements set forth in Title 44, Code of laws of South Carolina, 1976, Chapter 107, and shall apply to all Procurement actions involving an award for FIFTY THOUSAND dollars, ($50,000.00) or more. The Contractor is required to execute a statement certifying that they understand and are in full compliance with the Drug Free Workplace Act.
Failure to comply with this requirement shall result in termination of any agreement. The Contractor must further provide the County with a statement of a Drug Free Workplace for any Procurement for the US Department of Housing and Urban Development Residential Rehabilitation and other federal granting agencies.
No payment, in whole or in part, shall be deemed a waiver of any defect in materials or workmanship, and the COUNTY reserves the right to withhold payment pending inspection of the work performed by SUPPLIER. Notwithstanding payment by COUNTY of the sums due hereunder or failure of the COUNTY to discover or reject defective material and workmanship, the SUPPLIER shall re-execute any work that fails to conform to the requirements of the contract and that appears during the progress of the work and shall remedy any defects due to faulty materials or workmanship which appear within a period of one year from the date of completion of the contract. The provisions of this article apply to work done by subcontractors as well as work done by direct employees of SUPPLIER.
The CONTRACTOR agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
CONTRACTOR shall be responsible for the notification to the COUNTY of the discovery of the presence of hazardous, toxic, or similar materials in any form at the Project site. However; CONTRACTOR shall only have the responsibility to notify the COUNTY of the discovery, of the presence of hazardous toxic or similar materials in any form at the Project site. The COUNTY will be responsible for the handling, removal, transportation, and disposal of or exposure to hazardous, toxic, or similar materials in any form at the project site.
In the event CONTRACTOR’S services as identified in this Agreement include, an environmental assessment, then the term “discovery” as used in this provision shall not be construed to relieve CONTRACTOR of its contractual obligation to, in accordance with the standard of care identified herein, conduct reasonable research and/or study to “discover” such materials in connection with such services.
CONTRACTOR shall not attempt to negotiate with the using department or other parties, and shall not discuss any aspects of the procurement without prior written approval of the Director of Procurement.
CONTRACTOR agrees not to discriminate against any employee or applicant on the basis of age, race, color, religion, sex, or national origin; and to take affirmative action to employ and treat employees without regard to such factors.
CONTRACTOR will provide information and submit reports on employment at COUNTY’S requests.
The parties agree to utilize the "escalation clause" by elevating the dispute upward in the County and utilizing the requirements established by the Richland County Government Code of Ordinances.
CONTRACTOR shall not be liable for any excess costs if the failure to perform the Agreement arises out of cause beyond the control and without the fault or negligence of CONTRACTOR. Such causes may include, but are not restricted to acts of God or of the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather.
In every case the failure to perform must be beyond the control of both CONTRACTOR and Subcontractor and without fault or negligence of neither of them.
Upon completion of the project SUPPLIER shall furnish, at no extra charge all closeout documentation as it relates to the project and the AGREEMENT, including:
Warranties and/or guarantees,
Final affidavit or release and waiver of all liens from subcontractors Consent of Surety for final payment Minority Reports (when required); Project-related training materials and/or training plan;
Any licensing;
Contracted or plan for tech support, when appropriate; Statement of project final completion and acceptance; A ll required deliverables.
The County, Contracting Officer and the Contracting Officer’s Representative will recognize each project as complete only upon written confirmation. County will assess project completeness using contemporary best (practical) construction and other trades practices and evaluation criteria.
SUPPLIER , individually and on behalf of its subcontractors, material, and workers hereby waives and agrees to indemnify and save harmless the COUNTY from all attachments, claims, and liens against COUNTY's property by reason of labor or materials or both, furnished for the work under this CONTRACT.
The SUPPLIER agrees to comply with the requirements set forth in Title 44, Code of laws of South Carolina, 1976, Chapter 107, and shall apply to all Procurement actions involving an award for FIFTY THOUSAND dollars, ($50,000.00) or more. The Contractor is required to execute a statement certifying that they understand and are in full compliance with the Drug Free Workplace Act.
Failure to comply with this requirement shall result in termination of any agreement. The Contractor must further provide the County with a statement of a Drug Free Workplace for any Procurement for the US Department of Housing and Urban Development Residential Rehabilitation and other federal granting agencies.
All data and materials, records, reports, files, negatives, models, photographs, or other COUNTY furnished property shall remain the exclusive property of the COUNTY.
CONTRACTOR agrees by executing this Agreement that such COUNTY property will be used for no purpose other than for work for COUNTY under this Agreement.
CONTRACTOR shall sign and deliver written itemized receipts for all such property and shall be responsible for its safekeeping. Upon conclusion of the work/services hereunder, all such property shall be returned to the COUNTY.
Notwithstanding any other provision of this Agreement, any dispute concerning any question of fact or law arising under this Agreement that is not disposed of by Agreement between CONTRACTOR and the COUNTY shall be decided in accordance with the then current ordinances of Richland County Government which remedy shall be exclusive, subject only to any right of judicial review.
The SUPPLIER agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
COUNTY prohibits its employees from using their official position for personal financial gain, or from accepting any personal advantage from anyone under circumstances which might reasonable be interpreted as an attempt to influence the recipients in the conduct of their official duties. CONTRACTOR or its employees shall not, under circumstances which might reasonably interpreted as an attempt to influence the recipients in the conduct of their duties, extend any gratuity or special favor to the employees of COUNTY.
SUPPLIER shall be responsible for the notification to the COUNTY of the discovery of the presence of hazardous, toxic, or similar materials in any form at the Project site. However; SUPPLIER shall only have the responsibility to notify the COUNTY of the discovery, of the presence of hazardous toxic or similar materials in any form at the Project site. The COUNTY will be responsible for the handling, removal, transportation, and disposal of or exposure to hazardous, toxic, or similar materials in any form at the project site.
In the event SUPPLIER ’S services as identified in this Agreement include, an environmental assessment, then the term “discovery” as used in this provision shall not be construed to relieve SUPPLIER of its contractual obligation to, in accordance with the standard of care identified herein, conduct reasonable research and/or study to “discover” such materials in connection with such services.
CONTRACTOR shall guarantee all workmanship and materials utilized in and for this contract being furnished for a period of not less than one year after the final inspection and acceptance of the deliverables. When defects of faulty material is discovered during the guaranteed period, the CONTRACTOR shall, immediately, upon notification by the County, proceed at own expense, to repair or replace the same, together with any damage to all the finished deliverables that may have been damaged as a result of omission and/or workmanship.
SUPPLIER agrees not to discriminate against any employee or applicant on the basis of age, race, color, religion, sex, or national origin; and to take affirmative action to employ and treat employees without regard to such factors.
SUPPLIER will provide information and submit reports on employment at COUNTY’S requests.
SUPPLIER shall not be liable for any excess costs if the failure to perform the Agreement arises out of cause beyond the control and without the fault or negligence of SUPPLIER . Such causes may include, but are not restricted to acts of God or of the public enemy, acts of the Government in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather.
In every case the failure to perform must be beyond the control of both SUPPLIER and Subcontractor and without fault or negligence of neither of them.
Soliciting of special interest groups or appointed and elected officials with the intent to influence contract awards or to overturn decisions of the Contracting Officer is hereby prohibited. Violation of this provision may result in suspension or debarment. Aggrieved Offerors are encouraged to use the County policy on any matter related to this contract.
All data and materials, records, reports, files, negatives, models, photographs, or other COUNTY furnished property shall remain the exclusive property of the COUNTY.
SUPPLIER agrees by executing this Agreement that such COUNTY property will be used for no purpose other than for work for COUNTY under this Agreement.
SUPPLIER shall sign and deliver written itemized receipts for all such property and shall be responsible for its safekeeping. Upon conclusion of the work/services hereunder, all such property shall be returned to the COUNTY.
Contractor shall indemnify and hold harmless the COUNTY and the COUNTY’s agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of, or resulting from performance of the Work defined herein, but only to the extent caused or contributed to by the acts or omissions of Contractor, its subcontractors and consultants, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damages, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph.
Upon request of the COUNTY, CONTRACTOR shall, at no cost or expense to the COUNTY, defend any suit asserting a claim for any loss, damage or liability specified above, and CONTRACTOR shall pay any cost and attorneys’ fees that may be incurred by the C OUNTY in connection with any such claim or suit or in enforcing the indemnity granted above.
Notwithstanding any other provision of this Agreement, any dispute concerning any question of fact or law arising under this Agreement that is not disposed of by Agreement between SUPPLIER and the COUNTY shall be decided in accordance with the then current ordinances of Richland County Government which remedy shall be exclusive, subject only to any right of judicial review.
It’s understood that the CONTRACTOR’S relationship with the COUNTY for the purpose of this Agreement is that of an Independent CONTRACTOR, and nothing in this Agreement is intended to, or should be construed to; create a legal partnership, joint venture or active employment relationship with the COUNTY. CONTRACTOR will not be entitled to benefits which the COUNTY may make available to its employees. CONTRACTOR is solely responsible for, and will file, in a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and work; for supplies, goods, equipment, tools and receipt of fees under this Agreement. CONTRACTOR is solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing services and work under this Agreement. No part of CONTRACTOR’S compensation will be subject to withholding by COUNTY for the payment of any social security, federal, state or any other employee payroll taxes. OWNER will regularly report amounts paid to CONTRACTOR by filing Form 1099 and any other information with the Internal Revenue Service as required by law.
It’s understood that this is not an exclusive contract with the COUNTY and CONTRACTOR may work from time to time for other clients.
COUNTY prohibits its employees from using their official position for personal financial gain, or from accepting any personal advantage from anyone under circumstances which might reasonable be interpreted as an attempt to influence the recipients in the conduct of their official duties. SUPPLIER or its employees shall not, under circumstances which might reasonably interpreted as an attempt to influence the recipients in the conduct of their duties, extend any gratuity or special favor to the employees of COUNTY.
All parts of the work shall be subject to inspection and test; if CONTRACTOR covers up work required and agreed to be inspected prior to such inspection; the work must be uncovered and replaced at CONTRACTOR'S expense.
Failure to inspect or waiver of inspection does not relieve the CONTRACTOR of its obligations under the contract. Upon discovery of defective or nonconforming work, the County may either
SUPPLIER shall guarantee all workmanship and materials utilized in and for this contract being furnished for a period of not less than one year after the final inspection and acceptance of the deliverables. When defects of faulty material is discovered during the guaranteed period, the SUPPLIER shall, immediately, upon notification by the County, proceed at own expense, to repair or replace the same, together with any damage to all the finished deliverables that may have been damaged as a result of omission and/or workmanship.
Intellectual Property is all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising and marketing concepts; information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts, trade secrets, and any inventions including all processes, machines, manufactures and compositions of matter and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon.
Offeror and its subcontractors hereby agrees to share with the County all worldwide right, title and interest in and to Intellectual Property created, made, conceived, reduced to practice or authored by Offeror for the County, or any persons provided by Offeror either solely or jointly with others, during the performance of the Agreement or with the use of information, materials or facilities of the County received by Offeror during the term of any Agreement entered between the County and Offeror.
The County shall be free to make, have made, use, offer for sale, sell, modify, translate, and import products utilizing the Intellectual Property developed for and assigned to the County. The County agrees to release Offeror, its subcontractors, agents and employees from liability arising from the County’s offer for sale, sale, modification, translation and importation of products utilizing the Intellectual Property developed for and assigned to the County in its entirety.
Offeror shall promptly disclose to OWNER all Intellectual Property created by Offeror for any assigned project during the term of this Agreement.
Offeror shall execute or cause to be executed, all documents and perform such acts as may be necessary, useful or convenient to secure or enforce for the County’s statutory protection including patent, trademark, trade secret or copyright protection throughout the world for all Intellectual Property assigned to OWNER pursuant to this section.
In addition, any Intellectual Property which qualifies as a work made for hire under the U.S. copyright laws shall be a work made for hire and shall be owned by the County. Offeror shall either:
CONTRACTOR shall retain ownership of all Intellectual Property clearly documented as having been made solely by Offeror prior to the date of an Agreement and expressly excluded from this Agreement in an attachment hereto.
Soliciting of special interest groups or appointed and elected officials with the intent to influence contract awards or to overturn decisions of the Contracting Officer is hereby prohibited. Violation of this provision may result in suspension or debarment. Aggrieved Offerors are encouraged to use the County policy on any matter related to this contract.
Materials incorporated into the work shall be new and of good quality. The COUNTY may specify certain materials be of a particular type or from a particular manufacturer and may direct the CONTRACTOR to furnish evidence as to the kind and quality of materials to be furnished, including samples. The CONTRACTOR must apply in writing for permission to substitute one item for another. The CONTRACTOR is responsible for acquisition of and payment for all materials, supplies, etc., In the event certain items are designated as being furnished by the COUNTY, the CONTRACTOR will provide appropriate storage facilities and will protect the items in the same manner as if they were to be furnished by the CONTRACTOR.
SUPPLIER shall indemnify and hold harmless the COUNTY and the COUNTY’s agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of, or resulting from performance of the Work defined herein, but only to the extent caused or contributed to by the acts or omissions of SUPPLIER , its subcontractors and consultants, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damages, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this paragraph.
Upon request of the COUNTY, SUPPLIER shall, at no cost or expense to the COUNTY, defend any suit asserting a claim for any loss, damage or liability specified above, and SUPPLIER shall pay any cost and attorneys’ fees that may be incurred by the COUNTY in connection with any such claim or suit or in enforcing the indemnity granted above.
Any Agreement entered into by the COUNTY shall be subject to cancellation without damages or further obligations when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period or appropriated year.
Unless otherwise provided herein, all notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand and signed for or sent by certified mail, return receipt requested, postage prepaid, and addressed to the appropriate party at the following address or to any other person at any other address as may be designated in writing by the parties:
COUNTY:
Richland County Government Procurement and Contracting
Attn: Director of Procurement
2020 Hampton Street, Suite 3064
Columbia, SC 29204-1002
It’s understood that the SUPPLIER ’S relationship with the COUNTY for the purpose of this Agreement is that of an Independent Contractor, and nothing in this Agreement is intended to, or should be construed to; create a legal partnership, joint venture or active employment relationship with the COUNTY. SUPPLIER will not be entitled to benefits which the COUNTY may make available to its employees. SUPPLIER is solely responsible for, and will file, in a timely basis, all tax returns and payments required to be filed with, or made to, any federal, state or local tax authority with respect to the performance of services and work; for supplies, goods, equipment, tools and receipt of fees under this Agreement. SUPPLIER is solely responsible for, and must maintain adequate records of, expenses incurred in the course of performing services and work under this Agreement. No part of SUPPLIER ’S compensation will be subject to withholding by COUNTY for the payment of any social security, federal, state or any other employee payroll taxes. OWNER will regularly report amounts paid to SUPPLIER by filing Form 1099 and any other information with the Internal Revenue Service as required by law.
It’s understood that this is not an exclusive contract with the COUNTY and SUPPLIER may work from time to time for other clients.
All parts of the work shall be subject to inspection and test; if SUPPLIER covers up work required and agreed to be inspected prior to such inspection; the work must be uncovered and replaced at CONTRACTOR'S expense.
Failure to inspect or waiver of inspection does not relieve the SUPPLIER of its obligations under the contract. Upon discovery of defective or nonconforming work, the County may either
It is understood that work not covered by this contract may be performed by the COUNTY or others in the same area that must be occupied by the CONTRACTOR. In such event, the CONTRACTOR shall fully cooperate with the COUNTY and such others and shall properly connect and coordinate his work with theirs. It is also understood that the COUNTY may occupy the premises during performance of work by the CONTRACTORS hereunder and that such occupancy shall not constitute acceptance of the work by the COUNTY.
CONTRACTOR shall hold the COUNTY, its officers, employees, and agents, harmless from liability of any nature or kind whatsoever, on account of use by the publisher or authorized agent or manufacturer, and any copyrighted/un-copyrighted composition, secret process, article or application furnished or used under this Agreement.
Intellectual Property is all works, including literary works, pictorial, graphic and sculptural works, architectural works, works of visual art, and any other work that may be the subject matter of copyright protection; advertising and marketing concepts; information; data; formulas; designs; models; drawings; computer programs; including all documentation, related listings, design specifications, and flowcharts, trade secrets, and any inventions including all processes, machines, manufactures and compositions of matter and any other invention that may be the subject matter of patent protection; and all statutory protection obtained or obtainable thereon.
Offeror and its subcontractors hereby agrees to share with the County all worldwide right, title and interest in and to Intellectual Property created, made, conceived, reduced to practice or authored by Offeror for the County, or any persons provided by Offeror either solely or jointly with others, during the performance of the Agreement or with the use of information, materials or facilities of the County received by Offeror during the term of any Agreement entered between the County and Offeror.
The County shall be free to make, have made, use, offer for sale, sell, modify, translate, and import products utilizing the Intellectual Property developed for and assigned to the County. The County agrees to release Offeror, its subcontractors, agents and employees from liability arising from the County’s offer for sale, sale, modification, translation and importation of products utilizing the Intellectual Property developed for and assigned to the County in its entirety.
Offeror shall promptly disclose to OWNER all Intellectual Property created by Offeror for any assigned project during the term of this Agreement.
Offeror shall execute or cause to be executed, all documents and perform such acts as may be necessary, useful or convenient to secure or enforce for the County’s statutory protection including patent, trademark, trade secret or copyright protection throughout the world for all Intellectual Property assigned to OWNER pursuant to this section.
In addition, any Intellectual Property which qualifies as a work made for hire under the U.S. copyright laws shall be a work made for hire and shall be owned by the County. Offeror shall either:
SUPPLIER shall retain ownership of all Intellectual Property clearly documented as having been made solely by Offeror prior to the date of an Agreement and expressly excluded from this Agreement in an attachment hereto.
CONTRACTOR shall be compensated by COUNTY for providing the services described in the Notice to Proceed on the following basis:
CONTRACTOR will be paid as authorized on any individual Notice to Proceed and as approved by the Contracting Officer Representative according to the mutually agreed on price, cost, or fee.
Additional work requirements will be at the agreed on amount which may from time to time be modified upon mutual Agreement of the parties.
The COUNTY is not required to pay CONTRACTOR for training and/or orientation sessions.
CONTRACTOR should invoice COUNTY for services rendered; under provisions of the Prompt Payment Act payment terms for “Net 30 days” the COUNTY will make every attempt to satisfy the payment request within thirty calendar days as of receipt of invoice by the Contracting Officer for work confirmed as accepted and meeting the standard of quality to which agreed.
The COUNTY may pay interest to CONTRACTOR at a rate equal to one percent per month on sums, which the COUNTY fails to remit to CONTRACTOR on any undisputed portions within thirty calendar days from date of County’s receipt of a valid and correct invoice (as determined by the County) on any unpaid amount for each month or fraction thereof, that such payment is delinquent due no fault of CONTRACTOR.
Invoices shall be submitted for the amount of work carried out and approved as accepted. Invoices submitted for payment for services provided under this Agreement, shall contain as a minimum:
The Offeror at their own expense shall secure all licenses, permits, variances and certificates required for and in connection with any and all parts of the work to be performed under the provisions of this solicitation.
Materials incorporated into the work shall be new and of good quality. The COUNTY may specify certain materials be of a particular type or from a particular manufacturer and may direct the SUPPLIER to furnish evidence as to the kind and quality of materials to be furnished, including samples. The SUPPLIER must apply in writing for permission to substitute one item for another. The SUPPLIER is responsible for acquisition of and payment for all materials, supplies, etc., In the event certain items are designated as being furnished by the COUNTY, the SUPPLIER will provide appropriate storage facilities and will protect the items in the same manner as if they were to be furnished by the SUPPLIER .
CONTRACTOR must comply with all applicable requirements for permits for the contracted project and at a minimum must comply with:
Amended Section 8-13-720 of the 1976 Code of Laws of South Carolina states:
“WHOEVER gives or offers to any public official or public employee any compensation including a promise of future employment to influence his action, vote, opinion or judgment as a public official or public employee or such public official solicits or accepts such compensation to influence his action, vote, opinion, or judgment shall be subject to the punishment as provided by Section 16-9-210 and Section 16-9-220.
The provisions of this section shall not apply to political contributions unless such contributions are conditioned upon the performance of specific actions of the person accepting such contribution nor shall they prohibit a parent, grandparent or relative from making a gift to a child, grandchild or other close relative for love and affection except as hereinafter provided.”
Any Agreement entered into by the COUNTY shall be subject to cancellation without damages or further obligations when funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period or appropriated year.
It is expected that CONTRACTOR will be dealing with various members of the COUNTY’S Staff during the course of this Agreement. To establish a clear line of communications, a Contracting Officer Representative (COR), will be assigned and who shall be appointed to oversee and coordinate most aspects of the work and services.
The COR shall be the focal point of contact with CONTRACTOR’S representatives.
Unless otherwise provided herein, all notices or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally in hand and signed for or sent by certified mail, return receipt requested, postage prepaid, and addressed to the appropriate party at the following address or to any other person at any other address as may be designated in writing by the parties:
COUNTY:
Richland County Government Procurement and Contracting
Attn: Director of Procurement
2020 Hampton Street, Suite 3064
Columbia, SC 29204-1002
Certain processes, type of equipment or kinds of material are described in the specifications and/or on the drawings by means of trade names and catalog numbers. In each instance where this occurs, it is understood and inferred that such description is followed by the word “or approved equal.” Such method of description is intended merely as a means of establishing a standard of comparability. However, the County reserves the right to select the items, which, in the judgment of the County, are best suited to the needs of the County based on price, quality, service, availability and other relative factors.
Bidders must indicate brand names, model, model numbers, size, type, weight, color, etc., of the item bid. If not exactly the same as the item specified, Bidder’s stock number or catalog number is insufficient to meet this requirement. If any Bidder desires to furnish an item different from the specifications, he/she shall submit, along with the bid; information, data, pictures, designs, cuts, etc. of the material he/she plans to furnish that will enable the County to compare the material specified; and, such material shall be given due consideration. The County reserves the right to insist upon and receive items as specified, if the submitted items do not meet the County’s standards for acceptance.
Brand Name or Equal
If an item in this solicitation is identified as “brand name or equal,” the purchase description reflects the characteristics and level of quality that will satisfy the County’s needs. The salient physical, functional, or performance characteristics that “equal” products must meet are specified in the solicitation.
CONTRACTOR will adequately protect work or service performed hereunder from damage, will protect the Owner's property from injury or loss, and will take all necessary precautions during the progress of the work to protect all persons and the property of others from injury or damage. The contractor will assume full responsibility for all CONTRACTORS tools and equipment and all materials to be used in connection with the completion of the work.
It is understood that work not covered by this contract may be performed by the COUNTY or others in the same area that must be occupied by the CONTRACTOR. In such event, the SUPPLIER shall fully cooperate with the COUNTY and such others and shall properly connect and coordinate his work with theirs. It is also understood that the COUNTY may occupy the premises during performance of work by the SUPPLIERS hereunder and that such occupancy shall not constitute acceptance of the work by the COUNTY.
CONTRACTOR agrees not to refer to award of this Agreement in commercial advertising in such manner as to state to imply that the products or services provided are endorsed or preferred by the COUNTY.
CONTRACTOR must be regularly established in the business called for, and who by executing this Agreement certifies that they are financially capable and responsible; is reliable and have the resources, ability and experience, to include, the facility and personnel directly employed or supervised by them to complete assignments awarded under this Agreement.
CONTRACTOR certifies that they are able to render prompt and satisfactory service in the volume called for under this Agreement.
COUNTY may make such investigation, as deems necessary to determine the ability of CONTRACTOR to perform the work.
CONTRACTOR shall furnish to the COUNTY all such information and data as the COUNTY may request, including, if requested, a detailed list of personnel which CONTRACTOR proposes to use, and a detailed description of the method and program of the work CONTRACTOR proposes to follow.
The COUNTY reserves the right to terminate, if anytime throughout the term of this Agreement the evidence submitted by, or investigation of, CONTRACTOR fails to meet all requirements as stipulated or satisfy the COUNTY that CONTRACTOR is properly qualified to carry out the obligations of the Agreement and to complete the work.
Except for the County’s proprietary software and materials, and the proprietary Operating System Software, all original data, spatial data, aspatial data plans, drawings, images, material, documentation (including electronic files or documents), and application software generated and prepared by or exclusively for the County pursuant to any agreement shall belong to the County.
Offeror shall not sell, give loan nor in any other way provide such to another person or organization, nor otherwise utilize any commercially valuable data, images, or developments created specifically by or for the County under this agreement, without the written consent of the Contracting Officer. Any external requests to procure these data or materials must be forwarded to the County.
CONTRACTOR shall render the services consistent with the standard of care, quality, skills and diligence exercised by members of the same profession providing similar services under similar conditions at the time the services are to be performed. CONTRACTOR'S standard of care, quality, skills and diligence shall not be altered by the application, interpretation or construction of any other provision of this Agreement.
All shipments shall be FOB to the County’s location, as cited on the purchase order(s) and/or contract(s). Purchase order and/or contract number shall be clearly displayed on the shipping container. Furthermore, the parties agree hereto, that delivery by the Offeror to the common carrier does not constitute delivery to the County. Any claims for loss or damage, shall be between the Offeror and the carriers.
SUPPLIER shall hold the COUNTY, its officers, employees, and agents, harmless from liability of any nature or kind whatsoever, on account of use by the publisher or authorized agent or manufacturer, and any copyrighted/un-copyrighted composition, secret process, article or application furnished or used under this Agreement.
CONTRACTOR agrees that the contract price specified herein is based on Contractor’s examination of the site and that will make no claim for additional compensation if the conditions encountered differ from those anticipated by such examination.
CONTRACTOR shall certify that they have fully acquainted themselves with conditions relating to the scope, and restrictions attending the execution of the work and services under the conditions of this Agreement. The failure or omission of CONTRACTOR to acquaint themselves with existing conditions shall in no way relieve CONTRACTOR of any obligation with respect to this Agreement.
Except for CONTRACTOR’S proprietary software, materials, tools, proprietary all data, images, materials, documentation (including electronic files or documents), and applications generated and prepared by or exclusively for the COUNTY pursuant to any Agreement shall be shared by the COUNTY and CONTRACTOR.
CONTRACTOR shall not sell; give; loan nor in any other way provide such to another person or organization, nor otherwise utilize any commercially valuable data, images, property, valuables, goods, equipment, supplies or developments created specifically by or for the COUNTY under this Agreement, without the written consent of the COUNTY. Any external requests to procure these data or materials must be forwarded to the COUNTY.
Without COUNTY’S prior written approval, CONTRACTOR shall not publish or use any advertising, sales promotion or publicity matter relating to services, equipment, materials, products and reports furnished by CONTRACTOR wherein the names of the COUNTY, its subsidiaries, and/or affiliates are mentioned or their identity implied.
SUPPLIER shall be compensated by COUNTY for providing the services described in the Notice to Proceed on the following basis:
SUPPLIER will be paid as authorized on any individual Notice to Proceed and as approved by the Contracting Officer Representative according to the mutually agreed on price, cost, or fee.
Additional work requirements will be at the agreed on amount which may from time to time be modified upon mutual Agreement of the parties.
The COUNTY is not required to pay SUPPLIER for training and/or orientation sessions.
SUPPLIER should invoice COUNTY for services rendered; under provisions of the Prompt Payment Act payment terms for “Net 30 days” the COUNTY will make every attempt to satisfy the payment request within thirty calendar days as of receipt of invoice by the Contracting Officer for work confirmed as accepted and meeting the standard of quality to which agreed.
The COUNTY may pay interest to SUPPLIER at a rate equal to one percent per month on sums, which the COUNTY fails to remit to SUPPLIER on any undisputed portions within thirty calendar days from date of County’s receipt of a valid and correct invoice (as determined by the County) on any unpaid amount for each month or fraction thereof, that such payment is delinquent due no fault of SUPPLIER .
Invoices shall be submitted for the amount of work carried out and approved as accepted. Invoices submitted for payment for services provided under this Agreement, shall contain as a minimum:
The CONTRACTOR and its employees will observe the COUNTY’S general safety rules and the area safety rules in the area in which they are working which will include the following:
CONTRACTOR is responsible for the subcontractors' compliance with safety procedures;
CONTRACTOR'S must provide access by County's safety personnel to CONTRACTOR'S plans, specifications, and work schedules. The COUNTY will conduct periodic safety inspections.
The COUNTY will have the right to stop work in the event of CONTRACTOR'S failure to comply with safety requirements or to c orrect violations, without compensation for time lost; CONTRACTOR must maintain accident and injury records; be in compliance with the Occupational Safety and Health Act (OSHA) and other safety laws and regulations;
The CONTRACTOR is responsibility for performance of work at own risk; for prohibition of smoking except in authorized areas; use of alcohol and drug abuse and use during work and on COUNTY property; furnishing of personal protective equipment; use of proper barricading and signs and maintenance of clear paths to emergency equipment; good housekeeping conditions; storage of flammable liquids; obtaining permission for and proper use of explosives; obtaining permission for work on systems in or near special or hazardous operations and notification of upon discovery of hazardous materials at the site.
SUPPLIER must comply with all applicable requirements for permits for the contracted project and at a minimum must comply with:
In consideration of the security responsibility of the County, the Contracting Officer or designee reserves the right to observe Offeror’s operations and inspect the related areas. Moreover, Offeror agrees to abide by any and all of the County’s rules and regulations, procedures and General Orders, as well as any directives by the County Administrator, Contracting Officer or designee regarding Offerors performance when operating on or in County’s property under the terms and conditions of this solicitation. Offeror agrees to provide the names of employees assigned to work in and on the County’s property and that the County may make criminal background record checks, and County may require Offeror to provide criminal background record checks. Offeror is also required to provide a certified medical certificate stating that each proposed employee is free from communicable diseases. The Contracting Officer or designee reserves the right to require all of Offeror’s employees, Offerors, and sub-Offerors accessing County property to have the company’s identification with photograph, name, and position of the employee at the Offeror’s sole expense. The Offeror must issue photo identification cards if requested by County and require it to be worn by its employees whenever they are present on or in the County’s property. Persons not previously screened for admittance shall not be admitted on or in the County’s property without proper notification and authorization from the Contracting Officer or designee.
The County reserves the right upon showing of probable cause, to search the employees of Offeror while in or on County’s property; Offeror is responsible for identifying fire escape routes in County facilities.
Offeror’s employees shall comply with the County’s written policies and procedures relating to County’s security. Offeror’s employees shall also comply with all of the County’s rules concerning the use of the working areas.
Offeror’s representative shall report any unusual occurrences immediately to the Contracting Officer or designee. It shall be the responsibility of Offeror to secure any assigned areas before exiting the County’s facilities, unless notified in writing by the Contracting Officer or designee to do otherwise.
The Offeror shall be the “Prime Offeror”, and the agreement shall be the primary agreement. All other agreements between the County and Offeror shall be subordinate to the primary agreement in the event of conflict between the primary agreement and any other agreements, unless otherwise specifically stated herein, or by mutually executed Amendment hereto. The County shall consider the Offeror to be sole point of contact with regard to all contractual matters of this project.
Offeror hereto without the express written consent of the Contracting Officer shall not assign obligation under this solicitation to another party.
If any part of the work covered by the solicitation is to be subcontracted, the Offeror shall submit the qualifications of the subcontracting organization and the proposed contractual arrangements to the County for approval prior to execution of the contract. The approved Offeror-subcontractor contractual agreement, excluding financial information, shall be provided to the County upon request. Approval by the County of such subcontract shall not in any way relieve Offeror of any of their obligations, responsibilities, or liabilities, under this solicitation, regardless of the nature and conditions of such subcontractor services and actions on Offeror’s behalf.
Any deviation from the agreed on required services, and indicated herein must be clearly pointed out, otherwise, it will be considered that the required services offered are in strict compliance with the requirements and services, and CONTRACTOR shall be held responsible therefore. Deviations must be explained in detail and accepted by both parties prior to implementation.
Amended Section 8-13-720 of the 1976 Code of Laws of South Carolina states:
“WHOEVER gives or offers to any public official or public employee any compensation including a promise of future employment to influence his action, vote, opinion or judgment as a public official or public employee or such public official solicits or accepts such compensation to influence his action, vote, opinion, or judgment shall be subject to the punishment as provided by Section 16-9-210 and Section 16-9-220.
The provisions of this section shall not apply to political contributions unless such contributions are conditioned upon the performance of specific actions of the person accepting such contribution nor shall they prohibit a parent, grandparent or relative from making a gift to a child, grandchild or other close relative for love and affection except as hereinafter provided.”
If any term and provision resulting from this Agreement shall be found to be illegal or unenforceable, notwithstanding any such legality or enforceability, the remained of said Agreement shall remain in full force and effect, and such term or provision shall be deemed to be deleted and severable there from.
It is expected that SUPPLIER will be dealing with various members of the COUNTY’S Staff during the course of this Agreement. To establish a clear line of communications, a Contracting Officer Representative (COR), will be assigned and who shall be appointed to oversee and coordinate most aspects of the work and services.
The COR shall be the focal point of contact with SUPPLIER’S representatives.
CONTRACTOR certifies in writing its compliance with all applicable federal and state laws/regulations and COUNTY ordinances to include;
Offeror(s) shall visibly mark as “Confidential” each part of their proposals which they consider proprietary information that could be exempt from disclosure under Section 30-4-40, Code of Laws of South Carolina, 1976 (1986 Cum. Supp.) Freedom of Information Act (FOIA); if any part is designated as “Confidential,” there must be attached to that part an explanation of how the information fits within one or more categories listed in Section 30-4-40. The County reserves the right to determine whether this may be brought against the County or its agent for its determination in this regard.
SUPPLIER will adequately protect work or service performed hereunder from damage, will protect the Owner's property from injury or loss, and will take all necessary precautions during the progress of the work to protect all persons and the property of others from injury or damage. The contractor will assume full responsibility for all SUPPLIER S tools and equipment and all materials to be used in connection with the completion of the work.
CONTRACTOR must comply with the laws of South Carolina, which require such person or entity to be authorized and/or licensed to do business in this state.
Notwithstanding the fact, that applicable statutes may be authorized and/or licensed to do business in this state, by signing this Agreement, CONTRACTOR agrees to subject itself to the jurisdiction and process of the courts of the State of South Carolina, as to all matters and disputes arising or to arise under the Agreement and the performance thereof, including any questions as to the liability of taxes, licenses or fees levied by the State/County.
CONTRACTOR shall not subcontract work hereunder without the prior written consent of the COUNTY, and any such subcontract without consent of the COUNTY shall be null and void.
If CONTRACTOR proposes to subcontract any of the work hereunder, it shall submit to the COUNTY the name of each proposed Subcontractor(s), with the proposed scope of work, which its Subcontractor is to undertake.
The COUNTY shall have the right to reject any Subcontractor, which it considers unable or unsuitable to satisfactorily perform. CONTRACTOR shall not enter into any cost reimbursable Agreements with any proposed Subcontractor without COUNTY’S prior written authorization.
Notwithstanding any consent by the COUNTY to a proposed subcontract, CONTRACTOR shall remain responsible for all subcontracted work and services.
CONTRACTOR agrees it shall be as fully responsible to the COUNTY for the acts and omission of its Subcontractors, their agents, representatives, and persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by CONTRACTOR.
Neither this provision, this Agreement, the COUNTY’S authorization of CONTRACTOR’S Agreement with Subcontractor, COUNTY’S inspection of a Subcontractor’s facilities, equipment or work, or any other action taken by the COUNTY in relation to a Subcontractor shall not create any contractual relationship between any Subcontractor and the COUNTY.
CONTRACTOR shall include in each of its subcontracts a provision embodying the substance of this article and shall exhibit a copy thereof to the COUNTY before commencement of any work by a Subcontractor. CONTRACTOR’S violation of this provision shall be grounds for the COUNTY’S termination of this Agreement for default, without notice or opportunity for cure.
In addition, CONTRACTOR indemnifies and holds the COUNTY harmless from and against any claims (threatened, alleged, or actual) made by any Subcontractor (of any tier) for compensation, damages, or otherwise, including any cost incurred by the COUNTY to investigate, defend, or settle any such claim.
SUPPLIER agrees not to refer to award of this Agreement in commercial advertising in such manner as to state to imply that the products or services provided are endorsed or preferred by the COUNTY.
SUPPLIER must be regularly established in the business called for, and who by executing this Agreement certifies that they are financially capable and responsible; is reliable and have the resources, ability and experience, to include, the facility and personnel directly employed or supervised by them to complete assignments awarded under this Agreement.
SUPPLIER certifies that they are able to render prompt and satisfactory service in the volume called for under this Agreement.
COUNTY may make such investigation, as deems necessary to determine the ability of SUPPLIER to perform the work.
SUPPLIER shall furnish to the COUNTY all such information and data as the COUNTY may request, including, if requested, a detailed list of personnel which SUPPLIER proposes to use, and a detailed description of the method and program of the work SUPPLIER proposes to follow.
The COUNTY reserves the right to terminate, if anytime throughout the term of this Agreement the evidence submitted by, or investigation of, SUPPLIER fails to meet all requirements as stipulated or satisfy the COUNTY that SUPPLIER is properly qualified to carry out the obligations of the Agreement and to complete the work.
SUPPLIER shall render the services consistent with the standard of care, quality, skills and diligence exercised by members of the same profession providing similar services under similar conditions at the time the services are to be performed. CONTRACTOR'S standard of care, quality, skills and diligence shall not be altered by the application, interpretation or construction of any other provision of this Agreement.
All taxes must be included in the contract price/cost, such as federal, state, and local:
The COUNTY shall have the right to terminate this Agreement in whole or in part for its convenience at any time during the course of performance by giving thirty- (30) calendar days written or telegraphic notice. Upon receipt of any termination notice, CONTRACTOR shall immediately discontinue services on the date and to the extent specified in the notice.
CONTRACTOR shall be paid the actual written approved costs incurred during the performance hereunder to the time specified in said notice, not previously reimbursed by COUNTY to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by CONTRACTOR prior to and in connection with discontinuing the work hereunder. In no event shall such costs include unabsorbed overhead or anticipatory profit, nor shall such costs exceed the total price of any individual supplement or Agreement Release.
The COUNTY or CONTRACTOR may also cancel or terminate this Agreement in whole or in part by thirty (30) calendar days written, electronic or telegraphic notice to either party:
if CONTRACTOR shall become insolvent or make a general assignment for the benefit of creditors; or
if a petition under the Bankruptcy Act is filed by CONTRACTOR; or
if CONTRACTOR becomes involved in some legal proceedings that in the opinion of COUNTY interfere with the diligent, efficient performance and satisfactory completion of the services; or
if CONTRACTOR fails to make delivery of or to perform the services within the time specified or any authorized extension thereof.
If in the event this Agreement is terminated or canceled upon request and for the convenience of either party without the required thirty (30) calendar days advance notice; both parties shall negotiate reasonable termination costs, if applicable.
If in case of default, the COUNTY reserves the right to purchase any or all items in open market, charging CONTRACTOR with actual costs. Should such charges be assessed, no subsequent proposals or bids of the defaulting CONTRACTOR shall be considered.
a. Any Submittal that fails to conform to the essential requirements of the solicitation shall be rejected.
b. Any Submittal that does not conform to the applicable requirements and specifications shall be rejected unless the solicitation authorized the submission of alternate Submittals and the Submittal offered as alternates meet the requirements specified in the invitation.
c. Any Submittal that fails to conform to the delivery schedule or permissible alternates stated in the solicitation shall be rejected.
d. A Submittal shall be rejected when the Bidder imposes conditions that would modify requirements of the invitation or limit the Bidder’s liability to the County, since to allow the Bidder to impose such conditions would be prejudicial to other Bidder’s. For example, Submittals shall be rejected in which the Bidder-
i.Protects against future changes in conditions, such as increased costs, if total possible costs to the County cannot be determined;
ii.Fails to state a price and indicates that price shall be “price in effect at time of delivery”;
iii.States a price but qualifies it as being subject to “price in effect at time of delivery”;
iv.Requires that the County is to determine that the Bidder’s product meets applicable County requirements and specifications or limits rights of the County under any contract clause.
A Bidder may be requested to delete objectionable conditions from a Submittal provided the conditions do not go to the substance, as distinguished from the form of the Submittal, or work an injustice on other Bidder’s. A condition goes to the substance of a Submittal where it affects price, quantity, quality, or delivery of the items offered.
Any Submittal may be rejcted if the Contracting Officer determines in writing that it is unreasonable as to price. Unreasonableness of price includes not only the total price of the Submittal, but the prices for individual line items as well.
Any Submittal may be rejected if the prices for any line items or sub-line items are materially unbalanced.
Submittals received from any person or concern that is suspended, debarred, proposed for debarment or declared ineligible as of the Submittal opening date shall be rejected unless a compelling reason determination is made.
The Contracting Officer must reject Submittals received from concerns determined to be non-responsible.
When a Submittal guarantee is required and a Bidder fails to furnish the guarantee in accordance with the requirements of the Submittals, the Submittal shall be rejected.
The originals of all rejected Submittals, and any written findings with respect to such rejections, shall be preserved with the papers relating to the acquisition.
After submitting a Submittal, if all of a Bidder’s assets or those parts related to the Submittal are transferred during the period between the Submittal opening and the award, the transferee may not be able to take over the Submittal. Accordingly, the Contracting Officer shall reject the Submittal unless merger, operation of law affects the transfer or other means not barred by law.
SUPPLIER agrees that the contract price specified herein is based on SUPPLIER s examination of the site and that will make no claim for additional compensation if the conditions encountered differ from those anticipated by such examination.
SUPPLIER shall certify that they have fully acquainted themselves with conditions relating to the scope, and restrictions attending the execution of the work and services under the conditions of this Agreement. The failure or omission of SUPPLIER to acquaint themselves with existing conditions shall in no way relieve SUPPLIER of any obligation with respect to this Agreement.
If applicable, title to all completed or partially completed work on the property and to all materials to be incorporated in the work to include; stored property must be made to the and in the name of the County.
Notwithstanding the foregoing, and prior to acceptance of the completed work by the County, CONTRACTOR agrees to accept the entire risk of loss to the work being done and materials to be incorporated in the work stored off-site, from any cause whatsoever until the work has been completed and accepted by County.
Except for SUPPLIER ’S proprietary software, materials, tools, proprietary all data, images, materials, documentation (including electronic files or documents), and applications generated and prepared by or exclusively for the COUNTY pursuant to any Agreement shall be shared by the COUNTY and CONTRACTOR.
SUPPLIER shall not sell; give; loan nor in any other way provide such to another person or organization, nor otherwise utilize any commercially valuable data, images, property, valuables, goods, equipment, supplies or developments created specifically by or for the COUNTY under this Agreement, without the written consent of the COUNTY. Any external requests to procure these data or materials must be forwarded to the COUNTY.
Without COUNTY’S prior written approval, SUPPLIER shall not publish or use any advertising, sales promotion or publicity matter relating to services, equipment, materials, products and reports furnished by SUPPLIER wherein the names of the COUNTY, its subsidiaries, and/or affiliates are mentioned or their identity implied.
CONTRACTOR must obtain all possible manufacturers' warranties for equipment, materials, etc., and to assign such warranties to the County upon acceptance of the work. Other typical warranties and guarantees given by the Contractor include the following:
CONTRACTOR must provide written guarantee and warranties that all materials and equipment is new (unless otherwise specified), and free from defects in titles.
All work by CONTRACTOR will be done in a competent, workmanlike manner and remain free of defects in workmanship and materials for a period of one year from the date of acceptance (or such other date as agreed on in writing). Work found to be defective within one year (or agreed on written period) after acceptance shall be promptly corrected within thirty calendar days after written notice from the County.
If Contractor fails to correct defective work within thirty calendar days of notice by the COUNTY, COUNTY may correct the work and charge the CONTRACTOR therefor. Contractor may be responsible for damages to other property or work occasioned by its breach of warranties.
The SUPPLIER and its employees will observe the COUNTY’S general safety rules and the area safety rules in the area in which they are working which will include the following:
SUPPLIER is responsible for the subcontractors' compliance with safety procedures;
SUPPLIER'S must provide access by County's safety personnel to SUPPLIER'S plans, specifications, and work schedules. The COUNTY will conduct periodic safety inspections.
The COUNTY will have the right to stop work in the event of SUPPLIER'S failure to comply with safety requirements or to c orrect violations, without compensation for time lost; SUPPLIER must maintain accident and injury records; be in compliance with the Occupational Safety and Health Act (OSHA) and other safety laws and regulations;
The SUPPLIER is responsibility for performance of work at own risk; for prohibition of smoking except in authorized areas; use of alcohol and drug abuse and use during work and on COUNTY property; furnishing of personal protective equipment; use of proper barricading and signs and maintenance of clear paths to emergency equipment; good housekeeping conditions; storage of flammable liquids; obtaining permission for and proper use of explosives; obtaining permission for work on systems in or near special or hazardous operations and notification of upon discovery of hazardous materials at the site.
In consideration of the security responsibility of the County, the Contracting Officer or designee reserves the right to observe Offeror’s operations and inspect the related areas. Moreover, Offeror agrees to abide by any and all of the County’s rules and regulations, procedures and General Orders, as well as any directives by the County Administrator, Contracting Officer or designee regarding Offerors performance when operating on or in County’s property under the terms and conditions of this solicitation. Offeror agrees to provide the names of employees assigned to work in and on the County’s property and that the County may make criminal background record checks, and County may require Offeror to provide criminal background record checks. Offeror is also required to provide a certified medical certificate stating that each proposed employee is free from communicable diseases. The Contracting Officer or designee reserves the right to require all of Offeror’s employees, Offerors, and sub-Offerors accessing County property to have the company’s identification with photograph, name, and position of the employee at the Offeror’s sole expense. The Offeror must issue photo identification cards if requested by County and require it to be worn by its employees whenever they are present on or in the County’s property. Persons not previously screened for admittance shall not be admitted on or in the County’s property without proper notification and authorization from the Contracting Officer or designee.
The County reserves the right upon showing of probable cause, to search the employees of Offeror while in or on County’s property; Offeror is responsible for identifying fire escape routes in County facilities.
Offeror’s employees shall comply with the County’s written policies and procedures relating to County’s security. Offeror’s employees shall also comply with all of the County’s rules concerning the use of the working areas.
Offeror’s representative shall report any unusual occurrences immediately to the Contracting Officer or designee. It shall be the responsibility of Offeror to secure any assigned areas before exiting the County’s facilities, unless notified in writing by the Contracting Officer or designee to do otherwise.
Any deviation from the agreed on required services, and indicated herein must be clearly pointed out, otherwise, it will be considered that the required services offered are in strict compliance with the requirements and services, and SUPPLIER shall be held responsible therefore. Deviations must be explained in detail and accepted by both parties prior to implementation.
If any term and provision resulting from this Agreement shall be found to be illegal or unenforceable, notwithstanding any such legality or enforceability, the remained of said Agreement shall remain in full force and effect, and such term or provision shall be deemed to be deleted and severable there from.
Any deviation from the specifications indicated herein must be clearly pointed out, otherwise, it will be considered that items offered are in strict compliance with these specifications, and successful Bidder shall be held responsible therefore. Deviations must be explained in detail on separate sheets and be attached to the submitted bid.
SUPPLIER certifies in writing its compliance with all applicable federal and state laws/regulations and COUNTY ordinances to include;
SUPPLIER must comply with the laws of South Carolina, which require such person or entity to be authorized and/or licensed to do business in this state.
Notwithstanding the fact, that applicable statutes may be authorized and/or licensed to do business in this state, by signing this Agreement, SUPPLIER agrees to subject itself to the jurisdiction and process of the courts of the State of South Carolina, as to all matters and disputes arising or to arise under the Agreement and the performance thereof, including any questions as to the liability of taxes, licenses or fees levied by the State/County.
SUPPLIER shall not subcontract work hereunder without the prior written consent of the COUNTY, and any such subcontract without consent of the COUNTY shall be null and void.
If SUPPLIER proposes to subcontract any of the work hereunder, it shall submit to the COUNTY the name of each proposed Subcontractor(s), with the proposed scope of work, which its Subcontractor is to undertake.
The COUNTY shall have the right to reject any Subcontractor, which it considers unable or unsuitable to satisfactorily perform. SUPPLIER shall not enter into any cost reimbursable Agreements with any proposed Subcontractor without COUNTY’S prior written authorization.
Notwithstanding any consent by the COUNTY to a proposed subcontract, SUPPLIER shall remain responsible for all subcontracted work and services.
SUPPLIER agrees it shall be as fully responsible to the COUNTY for the acts and omission of its Subcontractors, their agents, representatives, and persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by SUPPLIER.
Neither this provision, this Agreement, the COUNTY’S authorization of SUPPLIER'S Agreement with Subcontractor, COUNTY’S inspection of a Subcontractor’s facilities, equipment or work, or any other action taken by the COUNTY in relation to a Subcontractor shall not create any contractual relationship between any Subcontractor and the COUNTY.
SUPPLIER shall include in each of its subcontracts a provision embodying the substance of this article and shall exhibit a copy thereof to the COUNTY before commencement of any work by a Subcontractor. SUPPLIER S violation of this provision shall be grounds for the COUNTY’S termination of this Agreement for default, without notice or opportunity for cure.
In addition, SUPPLIER indemnifies and holds the COUNTY harmless from and against any claims (threatened, alleged, or actual) made by any Subcontractor (of any tier) for compensation, damages, or otherwise, including any cost incurred by the COUNTY to investigate, defend, or settle any such claim.
All taxes must be included in the contract price/cost, such as federal, state, and local:
The COUNTY shall have the right to terminate this Agreement in whole or in part for its convenience at any time during the course of performance by giving thirty- (30) calendar days written or telegraphic notice. Upon receipt of any termination notice, SUPPLIER shall immediately discontinue services on the date and to the extent specified in the notice.
SUPPLIER shall be paid the actual written approved costs incurred during the performance hereunder to the time specified in said notice, not previously reimbursed by COUNTY to the extent such costs are actual, necessary, reasonable, and verifiable costs and have been incurred by SUPPLIER prior to and in connection with discontinuing the work hereunder. In no event shall such costs include unabsorbed overhead or anticipatory profit, nor shall such costs exceed the total price of any individual supplement or Agreement Release.
The COUNTY or SUPPLIER may also cancel or terminate this Agreement in whole or in part by thirty (30) calendar days written, electronic or telegraphic notice to either party:
if SUPPLIER shall become insolvent or make a general assignment for the benefit of creditors; or
if a petition under the Bankruptcy Act is filed by SUPPLIER; or
if SUPPLIER becomes involved in some legal proceedings that in the opinion of COUNTY interfere with the diligent, efficient performance and satisfactory completion of the services; or
if SUPPLIER fails to make delivery of or to perform the services within the time specified or any authorized extension thereof.
If in the event this Agreement is terminated or canceled upon request and for the convenience of either party without the required thirty (30) calendar days advance notice; both parties shall negotiate reasonable termination costs, if applicable.
If in case of default, the COUNTY reserves the right to purchase any or all items in open market, charging SUPPLIER with actual costs. Should such charges be assessed, no subsequent proposals or bids of the defaulting SUPPLIER shall be considered.
Date of delivery shall be a consideration factor in the awarding process. The Bidder shall include with this bid delivery dates for each item as requested, and shall furnish all items in accordance with the bid solicitation unless an extension was granted by the Procurement Director, in writing.
It is hereby understood and agreed by the parties hereto that time is of the essence in this contract and that great energy and diligence shall characterize all operations carried on under this agreement.
If applicable, title to all completed or partially completed work on the property and to all materials to be incorporated in the work to include; stored property must be made to the and in the name of the County.
Notwithstanding the foregoing, and prior to acceptance of the completed work by the County, SUPPLIER agrees to accept the entire risk of loss to the work being done and materials to be incorporated in the work stored off-site, from any cause whatsoever until the work has been completed and accepted by County.
The County reserves the right to waive any Instruction to Bidders, General or Special Provisions, General or Special Conditions, or specifications deviation if deemed to be in the best interest of the County.
SUPPLIER must obtain all possible manufacturers' warranties for equipment, materials, etc., and to assign such warranties to the County upon acceptance of the work. Other typical warranties and guarantees given by the SUPPLIER include the following:
SUPPLIER must provide written guarantee and warranties that all materials and equipment is new (unless otherwise specified), and free from defects in titles.
All work by SUPPLIER will be done in a competent, workmanlike manner and remain free of defects in workmanship and materials for a period of one year from the date of acceptance (or such other date as agreed on in writing). Work found to be defective within one year (or agreed on written period) after acceptance shall be promptly corrected within thirty calendar days after written notice from the County.
If Contractor fails to correct defective work within thirty calendar days of notice by the COUNTY, COUNTY may correct the work and charge the SUPPLIER therefor. SUPPLIER may be responsible for damages to other property or work occasioned by its breach of warranties.
Any Offeror may withdraw their Bid prior to the closing time schedules for the receipt of Bids.
By clicking "Please confirm" below, the VENDOR hereby attests that every provision of this Statement of Assurance, Compliance and Non-collusion has been read and understood.
The VENDOR hereby provides assurance that it’s represented in this Agreement that it:
Can you certify the following?
In accordance with Section 44-107-30, South Carolina Code of Laws (1976), as amended, and as a condition precedent to the award of the above-referenced contract, the vendor (hereinafter contractor) certifies on behalf of the contractor that the contractor will provide a drug-free workplace by:
Upload a document detailing why your company cannot provide Drug Free Workplace certification.
Can you certify that you comply with the County's Prompt Payment requirements?
Do you certify that you will comply with the applicable requirements of Title 8, Chapter to establish either: (a) that Title 8, Chapter 14 is inapplicable to you and your subcontractors or sub-subcontractors; or (b) that you and your subcontractors or sub-subcontractors are in compliance with Title fraudulent document, statement, or report pursuant to this chapter is guilty of a felony, and, upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in their contracts with the sub-subcontractors language requiring the sub-subcontractors to comply with the applicable requirements of Title 8, Chapter 14. [07-7B097- 1].
Offeror herby certifies and agrees that the following information is correct: In preparing its response on this project, the Offeror has considered all proposals submitted from qualified, potential Subcontractors and suppliers, and has not engaged in “discrimination” as defined in the County’s Commercial Nondiscrimination Ordinance, Section 2-647: to wit: discrimination in the solicitation, selection or commercial treatment of any Subcontractor, vendor, supplier, commercial customer on the basis of race, color, religion, ancestry or national origin, sex, age marital status, sexual orientation or on the basis of disability or other unlawful forms of discrimination. With limiting the foregoing, “discrimination” also includes retaliating against any person or to her entity for reporting any incident of “discrimination.” With limiting any provisions of the solicitation for response for this project, it is understood and agreed that, if this certification is false, such false certification will constitute ground for the County to reject the response submitted by the Offeror on this project, and termination of any Contract awarded based on the response. As part of the its response, the Offeror shall provide to the County a list of all instances within the immediate past 4 years where there has been a final adjudication determination in a legal or administrative proceeding in the State of South Carolina that the Offeror discriminated against its Subcontractors, vendors, supplier or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. As a condition of submitting a response to the County, the Offeror agrees to comply with the County’s Commercial Nondiscrimination Policy as described under its Commercial Nondiscrimination Ordinance, Section 2-647, and further agrees to cooperate fully with the County in its inquiries relating to compliance with this policy.
Please download the below documents, complete, and upload to demonstrate the attempts to include M/DBE participation.
Please download the below documents, complete, and upload.
The undersigned, having fully familiarized with the information contained within this entire solicitation and applicable amendments, submits the attached bid and other applicable information to the County, which I verify to be true and correct to the best of my knowledge.
I certify that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, supplies or equipment, and is in all respects, fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify that I am authorized to sign this bid.
By clicking "Please confirm" below, I certify, under penalties of perjury, that the below company complies with section 12-54-1020(B) of the SC Code of Laws 1976, as amended, relating to payment of any applicable taxes. I further certify that this bid is good for a period of one hundred and twenty (120) days, unless stated otherwise on the bid form.
Upload a Certificate of Insurance indicating minimum coverages listed in this solicitation.
Please enter your Bid Bond information from Surety2000 below.
Enter the Surepath/Tinubu Bid Bond Verification # here.
Offeror certifies, by clicking "Please confirm" below, that neither it nor its principals, nor its prospective subcontractors are presently debarred, suspended, or proposed for debarment by Richland County or any state or federal department or agency.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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