Lancaster County State of South Carolina Request for Qualifications DESCRIPTION: Lancaster

Solicitation Number: Date Issued: Procurement Officer: Phone: E-Mail Address:

400160330 03/10/2016 Bryant Cook 803-285-6323 [email protected]

Courthouse Upgrades Construction Management

The Term "Offer" Means Your "Bid" or "Proposal". Offer must be submitted in a sealed package. Solicitation Number & Opening Date must appear on package exterior. See Section III.. SUBMIT OFFER BY (Opening Date/Time): 03/30/2016 14:00:00 QUESTIONS MUST BE RECEIVED BY: 03/25/2016 10:00:00

(See section III ) (See Section III)

NUMBER OF COPIES TO BE SUBMITTED: SEE SECTION III LOCATION: NA

PRE-BID CONFERENCE: NA DATE & TIME: NA

AWARD & Award will be posted on 04/13/2016. The award, this solicitation, any amendments, and any related AMENDMENTS notices will be posted at the following web address: http://lcprocurement.vze.com Submit a signed copy of this form with Your Offer. By submitting a bid or proposal, You agree to be bound by the terms of the Solicitation. You agree to hold Your Offer open for a minimum of ninety (90) calendar days after the Opening Date.

(full legal name of business submitting the offer)

Any award issued will be issued to, and the contract will be formed with, the entity identified as the Offeror. The entity named as the offeror must be a single and distinct legal entity. Do not use the name of a branch office or a division of a larger entity if the branch or division is not a separate legal entity, i.e., a separate corporation, partnership, sole proprietorship, etc.

AUTHORIZED SIGNATURE

TAXPAYER IDENTIFICATION NO.

(Person must be authorized to submit binding offer to contract on behalf of Offeror.)

(See "Taxpayer Identification Number" provision)

TITLE

STATE OF INCORPORATION

(business title of person signing above)

(If you are a corporation, identify the state of incorporation.)

NAME OF OFFEROR

OFFEROR'S TYPE OF ENTITY: (Check one)

(See "Signing Your Offer" provision.)

___ Sole Proprietorship

___ Partnership

___ Other_____________________________

___ Corporate entity (not tax-exempt)

___ Corporation (tax-exempt)

___ Government entity (federal, state, or local)

GENERAL CONTRACTOR LICENSE NUMBER:

SUBCONTRACTOR(S) & LICENSE NUMBER(S):

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PAGE TWO (Return Page Two with Your Offer)

HOME OFFICE ADDRESS (Address for offeror's home office /

NOTICE ADDRESS (Address to which all procurement and contract

principal place of business)

related notices should be sent.) (See "Notice" clause)

_________________________________________________ Area Code Number - Extension Facsimile _________________________________________________ Email Address

PAYMENT ADDRESS (Address to which payments will be sent.)

ORDER ADDRESS (Address to which purchase orders will be sent)

(See "Payment" clause)

(See "Purchase Orders and "Contract Documents" clauses)

____Payment Address same as Home Office Address ____Payment Address same as Notice Address (check only one)

____Order Address same as Home Office Address ____Order Address same as Notice Address (check only one)

ACKNOWLEDGMENT OF AMENDMENTS Offerors acknowledges receipt of amendments by indicating amendment number and its date of issue. (See "Amendments to Solicitation" Provision) Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

Amendment No.

Amendment Issue Date

Lancaster County Government

I. Introduction The COUNTY of LANCASTER will receive sealed Proposals for the Courthouse Upgrades Construction Management County Bid No. RFQ: 400160420. Proposals will be received by Bryant J. Cook, County Procurement Officer, 101 North Main Street, Lancaster, South Carolina 29720 until 2:00 P.M. on Wednesday, March 30, 2016 at which time and place proposals will be publicly opened and read aloud.

A. Definitions: 1. "County" is Lancaster County in South Carolina and includes members from the Lancaster County Economic Development Corporation and City of Lancaster. 2. "Bidder" an individual or business submitting a qualification statement to Lancaster County. 3. "Consultants " One who contracts to perform work or in accordance with the Scope of Work Described. 4. “Project Manager: The Project Manager for the project is Jeff Hammond of Lancaster County Clerk of Courts Office. N-2

II. Scope of Work A. Work may include, but is not Limited:  



Evaluation, analysis, reports, recommendations, cost and time estimates, design, preparation of contract and/or record documents, field inspections and investigation. Professional management throughout all phases of this project including, but not limited to: Periodic progress, reports, meetings, proper processing of invoices for services, timely processing of project correspondence. Other types of professional and non-professional services of a nature consistent with the intent of this RFQ

Courthouse Upgrades Include but are not limited to:    

Finishing unfinished expansion spaces on third floor Canopy over front entrance Fencing in front of Admin parking lot Covering over landing and ramp at secured parking

B. Purpose of Proposal: Lancaster County is requesting a statement of qualifications from construction managers to provide construction management services for the Lancaster County Courthouse Upgrade Projects located at 104 North Main Street Lancaster, SC 29720. C. Proposal Terms: 1. Lancaster County reserves the right to reject any and all Qualification Packages received as a result of this RFQ. If a proposal is selected it will be the most advantageous quality of service, the Consultants qualifications and capabilities to provide the specified service, and other factors which Lancaster County may consider. The County does not intend to award a contract fully on the basis of any response made to the proposal; the County reserves the right to consider proposals for modifications at any time before a contract would be awarded, and negotiations would be undertaken with that Consultant whose proposal is deemed to best meet the County's specifications and needs. 2. Failure of the successful bidder to accept the obligation of the contract may result in the cancellation of any award. See Section E "Standard Provision for Contracts" for Lancaster County contract requirements. 3. In the event it becomes necessary to revise any part of the RFQ, addenda will be provided. Deadlines for submission of RFQ's may be adjusted to allow for revisions. To be considered, original qualifications and two (2) copies must be at the County Purchasing Office on or before the date and time specified. N-3

4. Qualifications should be prepared simply and economically providing a straightforward, concise description of the consultant's ability to meet the requirements of the RFQ. Qualifications shall be written in ink or typewritten. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by the person signing the proposal. D. SELECTION CRITERIA AND PROCESS: Proposals will be evaluated and reviewed by the County and the Project Manager. This evaluation may include discussions with all or some of the firms providing responses. Listed below are some of the criteria that may be used on making a selection and should be included in your submittal:

1. Evaluation of the firm’s ability to successfully complete all requirements as specified in this Request for Qualifications and as described in detail in Paragraph X Consultant Requirements. 2. Proven experience of the Consultant and Sub-Consultants with similar projects involving the public sector (local governments and state agencies) of similar size and organization. Examples of similar projects are to be included in the proposal. 3. Resumes of the Project Manager and the principal individuals to work on the project are to be included in the qualification statement. 4. An organization chart for the project including all consultants and the responsibilities of the team members. 5. Proximity to and familiarity with the area where the project is located. 6. Demonstrated understanding of the project and abilities of the firm to successfully complete the project on schedule and on budget. 7. Explanation regarding how the firm will propose to accomplish the project objectives (use of innovative methods, unique approaches, reasonableness of proposed approach). 8. Firm’s proven experience in working in Lancaster County and an active participation within the County and the State of South Carolina. 9. Other factors determined to be relevant. 10. At least three (3) references covering similar services. Include company name, contact name, phone number. E. STANDARD PROVISIONS FOR CONTRACTS If a contract is awarded, the selected Consultant will be required to adhere to a set of contract provisions which will become a part of any formal agreement. These provisions are general principles which apply to all Consultants of service to Lancaster County such as the following:

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F. REPORTING OF CONSULTANT 1. The Consultant is responsible to the Project Manager or designee and will cooperate and confer with him/her as necessary to insure satisfactory work progress. 2. All reports, estimates, memoranda and documents submitted by the Consultant must be dated and bear the Consultant’s name. 3. All reports made in connection with these services are subject to review and final approval by the Project Manager. 4. The Project Manager may review and inspect the Consultant's activities during the term of this contract. 5. When applicable, the Consultant will submit a final, written report to the Project Manager. 6. After reasonable notice to the Consultant, the Project Manager may review any of the Consultant’s internal records, reports, or insurance policies. G. PERSONNEL 1. The Consultant will provide the required services and will not subcontract or assign the services without the Project Manager’s written approval. 2. The Consultant will not hire any County employee for any of the required services without the Project Manager’s written approval. 3. The parties agree that the Consultant is neither an employee nor an agent of the County for any purpose. H. INDEMNIFICATION AGREEMENT The Consultant will protect, defend and indemnify Lancaster County and the Project Manager, its officers, agents, servants, volunteers and employees from any and all liabilities, claims, liens, fines, demands and costs, including legal fees, of whatsoever kind and nature which may result in injury or death to any persons, including the Consultant’s own employees, and for loss or damage to any property, including property owned or in the care, custody or control of Lancaster County and the Project Manager in connection with or in any way incident to or arising out of the occupancy, use, service, operations, performance or non-performance of work in connection with this contract resulting in whole or in part from negligent acts or omissions of Consultant, any subConsultant, or any employee, agent or representative of the Consultant or any subConsultant.

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I. INSURANCE REQUIREMENTS The Consultant will maintain at its own expense during the term of this Contract, the following insurance: 1. Workers' Compensation Insurance with South Carolina statutory limits and Employers Liability Insurance with a minimum limit of $100,000 each accident for any employee. 2. Professional Liability Insurance: The successful proposer upon award of contract shall provide certificates of all required insurance(s), including worker’s compensation, premises liability and professional liability. Worker’s compensation shall include a minimum limit of $100,000. General and professional liability coverage shall provide minimum limits of liability of $1,000,000 per occurrence. Insurance shall indemnify CLIENT against any and all claims arising under or as a result of the performance of the contract. The CLIENT shall be named as an additional insured on all liability policies. The CLIENT must be provided thirty (30) days’ notice prior to cancellation, modification or reduction in limits of any stipulated insurance. 3. Comprehensive/Commercial General Liability Insurance with a combined single limits of $1,000,000 each occurrence for bodily injury and property damage. The County shall be added as "additional insured" on general liability policy with respect to the services provided under this contract. 4. Automobile Liability Insurance covering all owned, hired and non-owned vehicles with Personal Protection Insurance and Property Protection Insurance to comply with the provisions of the South Carolina No Fault Insurance Law, including residual liability insurance with a minimum combined single limit of $1,000,000 each accident for bodily injury and property damage. Insurance companies, named insured’s and policy forms shall be subject to the approval of the Lancaster County Administrator. Such approval shall not contain endorsements or policy conditions which reduce coverage provided to Lancaster County or insurance companies insuring Lancaster County for all costs resulting from both financially unsound insurance companies selected by Consultant and their inadequate insurance coverage. Consultant shall furnish the Lancaster County Administrator with satisfactory certificates of insurance or a certified copy of the policy, if requested by the County Administrator. No payments will be made to the Consultant until the current certificates of insurance have been received and approved by the Administrator. If the insurance as evidenced by the certificates furnished by the Consultant expires or is canceled during the term of the contract, services and related payments will be suspended. Consultant shall furnish the County Administrator's Office with certification of insurance evidencing such coverage and endorsements at least ten (10) working days prior to commencement of services under this contract. Certificates shall be addressed

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to the County Administrator, 101 North Main Street, Lancaster, SC and shall provide for 30 day written notice to the Certificate holder of cancellation of coverage. J. COMPLIANCE WITH LAWS AND REGULATIONS The Consultant will comply with all federal, state and local regulations, including but not limited to all applicable OSHA requirements and the Americans with Disabilities Act.

K. INTEREST OF CONSULTANT AND COUNTY The Consultant promises that it has no interest which would conflict with the performance of services required by this contract. The Consultant also promises that, in the performance of this contract, no officer, agent, employee of the County of Lancaster, or member of its governing bodies, may participate in any decision relating to this contract which affects his/her personal interest or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested or has any personal or pecuniary interest. L. CONTINGENT FEES The Consultant promises that it has not employed or retained any company or person, other than bona fide employees working solely for the Consultant, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. For breach of this promise, the County may cancel this contract without liability or, at its discretion, deduct the full amount of the fee, commission, percentage, brokerage fee, gift or contingent fee from the compensation due the Consultant. M. EQUAL EMPLOYMENT OPPORTUNITY The Consultant will not discriminate against any employee or applicant for employment because of race, creed, color, sex, sexual orientation, national origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief (except as it relates to a bona fide occupational qualification reasonably necessary to the normal operation of the business). The Consultant will take affirmative action to eliminate discrimination based on sex, race, or a handicap in the hiring of applicant and the treatment of employees. Affirmative action will include, but not be limited to: Employment; upgrading, demotion or transfer; recruitment advertisement; layoff or termination; rates of pay or other forms of compensation; selection for training, including apprenticeship. The Consultant agrees to post notices containing this policy N-7

against discrimination in conspicuous places available to applicants for employment and employees. All solicitations or advertisements for employees, placed by or on the behalf of the Consultant, will state that all qualified applicants will receive consideration for employment without regard to race, creed, color, sex, sexual orientation, national origin, physical handicap, age, height, weight, marital status, veteran status, religion and political belief. N. PREVAILING WAGE RATES The Consultant agrees that all craftsmen, mechanics and laborers it employs to work on this project shall, at a minimum, receive the prevailing wages and fringe benefits of the Building Trade Department for corresponding classes of craftsmen, mechanics and laborers for the Lancaster County area, as determined and published by the DavisBacon Division of the United States Department of Labor. Consultant agrees that all subcontracts entered into by the Consultant shall contain a similar provision covering any sub-Consultant’s employees who perform work on this project. O. ASSIGNS AND SUCCESSORS This contract is binding on the County and the Consultant, their successors and assigns. Neither the County nor the Consultant will assign or transfer its interest in this contract without the written consent of the other. P.

TERMINATION OF CONTRACT

Termination without cause. Either party may terminate the contract by giving thirty (30) days written notice to the other party. Q.

EQUAL ACCESS

The Consultant shall provide the services set forth without discrimination on the basis of race, color, religion, national origin, sex, sexual orientation, marital status, physical handicap, or age. R.

PAYROLL TAXES

The Consultant is responsible for all applicable state and federal social security benefits and unemployment taxes and agrees to indemnify and protect the County against such liability. S.

PRACTICE AND ETHICS

The parties will conform to the code of ethics of their respective national professional associations. T.

CHANGES IN SCOPE OR SCHEDULE OR SERVICES N-8

Changes mutually agreed upon by the County and the Project Manager and the Consultant, will be incorporated into this contract by written amendments signed by both parties. U.

CHOICE OF LAW AND FORUM

This contract is to be interpreted by the laws of South Carolina. The parties agree that the proper forum for litigation arising out of this contract is in Lancaster County, South Carolina. V.

EXTENT OF CONTRACT

The contract represents the entire agreement between the parties and supersedes all prior representations, negotiations or agreements whether written or oral. W. PROJECT INFORMATION 1. Location: Lancaster County Courthouse 104 North Main Street Lancaster, SC 29720. 2. Multiple Projects: These services requested will be responsible for multiple projects at this location. Total project budget range ($600k - $800k). Projects listed below. a. Design and Install Ballistic Protective glass and/or film in multiple Judicial Service areas. b. Design and construct office space in existing shell space. c. Design and install exterior coverings for Courthouse entrances. d. Design and install exterior fencing on County property to direct pedestrian traffic. 3. Design: Many of these projects will require Architectural Design. It is the intent of this RFQ that all Architectural work will be coordinated under the direction of this Construction Management agreement. 4. Ownership: The ownership of the project will be by Lancaster County. 5. Timing: After the qualifications are reviewed, the County and the Project Manager will select a short list of firms for further questions. The short listed firms will be invited to present their qualification and a price based a definitive Scope of Work. It is the intent of the County and the Project Manager to begin design services in March 2016 and construction to start no later than June 2016. X.

CONSULTANT REQUIREMENTS 1. Master Planning Services. Confirm with Client program for each project. Develop Architectural construction drawings required for permitting. 2. Develop bidding packages for each project, coordinate the bidding process, award trade packages and contracts under a CM at Risk approach. N-9

3. Obtaining permits. 4. Provide Construction Management services to ensure all projects listed above are completed. Y. INFORMATION FOR BIDDERS 1.

Each bidder by presenting his qualifications represents that he has read and understands the construction managers responsibilities.

2.

Each bidder by making his qualifications represents that he has visited the site and familiarized himself with the local conditions under which the Work is to be performed. Z. Interpretation of Documents:

AA.

1.

If the prospective bidder is in doubt as to true meaning of any part of the Contract Documents, he must submit a written request to the PROJECT MANAGER for an interpretation thereof.

2.

Requests for such interpretations must be delivered to PROJECT MANAGER at least 96 hours (4 days) prior to time for receipt of bids.

3.

Qualifications are to be based only on interpretations as issued in the form of addenda mailed only to each person who is on Procurement Director’s record as receiving set of Contract Documents.

Proposals:

1. Submit your firm’s qualifications for work as indicated in this invitation. PLEASE LIMIT PROPOSAL TO NO MORE THAN 10 PAGES 2. Sealed Qualifications are to be delivered at the time, date and location stated in the Invitation for Bids. 3. No bidder shall stipulate in his proposal any conditions not included in Proposal form contained in Contract Documents. 4. Present proposals in sealed envelopes which must be plainly marked “Lancaster County Courthouse Upgrade Projects” followed by your name. Consultant shall be responsible for actual delivery of proposal prior to scheduled closing time. 5. Telegrams, letters and other written requests for modification or correction of previously submitted proposal, which are addressed in same manner as proposal and are received by Owner prior to scheduled closing time for receipt of bids, will be accepted and proposal will be corrected in accordance with such written request with following provisions:

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a. Provided that any such written request is contained in sealed envelope which is plainly marked "Modification of Proposal", followed by project name. b. Provided that, in case of telegraphic modification, Owner is satisfied that written confirmation of such telegraphic modification over signature of bidder was mailed prior to closing time. If such written confirmation is not received within two days from date of closing, no consideration will be given to telegraphic modification. 6. Bidder may withdraw proposal at any time prior to scheduled closing time for receipt of proposals, but no bidder may withdraw proposal, after said closing time for a period of forty-five (45) days. 7. Owner reserves right to wave informalities in proposals and to reject any or all bids. 8. Owner reserves right to require financial statement from bidder. Statement will be treated as confidential by Owner.

III. Bid Submission Format A. Bidder Info (1 copy)- Page 1, and 2 of this document. B. Technical Proposal 1. Project Management – Describe how the projects will be organized and managed. Include anticipation of subcontractors or vendors. (30% of score). 2. Key Personnel – Who will be a part of the team, including any subcontractors (30% of score)? 3. Organizational Qualifications – Describe your experience capabilities and other qualifications. Include references (30% of score). 4. Proximity- ability to respond and be onsite in a reasonable time when needed (10% of score)

C. Signed copy of the General Provisions and General Conditions (1 copy)Section VII of this document. D. Certificate of Insurance Liability, one copy. The Bidder Info & Cost Proposal, a signed General Provisions/General Conditions, and Certificate of Insurance Liability should be submitted in a sealed envelope with the

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responder’s name, the Invitation for Bid title and ID number(found at the top of this document), and the word “Bid”, clearly marked on the outside of the envelope. The county accepts no responsibility for any expense incurred by the responders to this solicitation.

Submittal Instructions Bids/Proposals must be submitted to the following address: Procurement 101 N. Main St PO Box 1809 Lancaster County, 29721

Bids/Proposals must be clearly marked with responders name, solicitation ID number, and Title. Late Bids/Proposals will not be opened unless the Bids/Proposals received on time are considered inadequate.

Questions All questions regarding this solicitation should be addressed to the Procurement Officer at the address indicated above, or emailed to [email protected]. All questions are to be in writing and are to allow sufficient time for distribution to all interested parties. The County of Lancaster will be the sole determiner of sufficient time.

VI. Award of Contract On the designated date and time above the proposals will be opened and later evaluated and scored by an evaluation committee. Once a winning bidder has been determined a Notice of Award will be issued to the bidder and the successful bidder will be posted on the county website: http://lcprocurement.vze.com After contract documents are signed by both parties, a Notice to Proceed or Purchase Order will be issued and work must begin with 10 calendar days of that notice. All work must be completed within 100 calendar days of start date.

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Lancaster County reserves the right to waive any and all formalities or altogether reject any Proposal as in the best interest of the county.

VII. General Provisions GENERAL PROVISIONS

1.

THE COUNTY OF LANCASTER RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS/PROPOSALS, TO CANCEL A SOLICITATION, AND TO WAIVE ANY TECHNICALITY IF DEEMED TO BE IN THE BEST INTEREST OF THE COUNTY.

2.

WHEN PRICE IS A DETERMINING FACTOR, UNIT PRICES WILL GOVERN OVER EXTENDED PRICES UNLESS OTHERWISE STATED IN THIS SOLICATATION.

3.

PROHIBITION OF GRATUITIES: SECTION 8-13-705 OF THE CODE OF LAWS OF SOUTH CAROLINA STATES: OFFERING, GIVING, SOLICITING, OR RECEIVING ANYTHING OF VALUE TO INFLUENCE ACTION OF PUBLIC EMPLOYEE, MEMBER OR OFFICIAL, OR TO INFLUENCE TESTIMONY OF WITNESS; EXCEPTIONS; PENALTY FOR VIOLATION; SHALL BE SUBJECT TO THE PUNISHMENT PROVIDED BY SECTION 16-9-210 AND SECTION 16-9-220.

4.

BIDDERS RESPONSIBILITY: EACH BIDDER SHALL FULLY ACQUAINT HIMSELF WITH CONDITIONS RELATING TO THE SCOPE AND RESTRICTIONS ATTENDING THE EXECUTION OF THE WORK UNDER THE CONDITIONS OF THIS BID. IT IS EXPECTED THAT THIS WILL SOMETIMES REQUIRE ON-SITE OBSERVATION. THE FAILURE OR OMISSION OF A BIDDER TO ACQUAINT HIMSELF WITH EXISTING CONDITIONS SHALL IN NO WAY RELIEVE HIM OF ANY OBLIGATION WITH RESPECT TO THIS BID OR TO THE CONTRACT.

5.

AWARD CRITERIA: THE CONTRACT SHALL BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER WHOSE BID MEETS THE REQUIREMENTS AND CRITERIA SET FORTH IN THE REQUEST FOR BIDS. FOR REQUESTS FOR PROPOSALS, AND REQUEST FOR STATEMENT OF QUALIFICATIONS COST PROPOSAL MAY OR MAY NOT BE A FACTOR IN SELECTION, BASED ON THE SELECTION CRITEREA.

6.

WAIVER: 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.

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7.

COMPETITION: THIS SOLICITATION IS INTENDED TO PROMOTE COMPETITION. IF ANY LANGUAGE, SPECIFICATIONS, TERMS AND CONDITIONS, OR ANY COMBINATION THEREOF RESTRICTS OR LIMITS THE REQUIREMENTS IN THIS SOLICITATION TO A SINGLE SOURCE, IT SHALL BE THE RESPONSIBILITY OF THE INTERESTED VENDOR TO NOTIFY THE PURCHASING DEPARTMENT IN WRITING WITHIN FIVE (5) DAYS PRIOR TO THE OPENING DATE. THE SOLICITATION MAY OR MAY NOT BE CHANGED BUT A REVIEW OF SUCH NOTIFICATION WILL BE MADE.

8.

REJECTION: AMBIGUOUS BIDS WHICH ARE UNCERTAIN AS TO TERMS, DELIVERY QUANTITY OR COMPLIANCE WITH SPECIFICATIONS MAY BE REJECTED OR OTHERWISE DISREGARDED IF SUCH ACTION IS IN THE BEST INEREST OF THE COUNTY.

I HAVE READ, UNDERSTAND AND AGREE TO THE GENERAL PROVISIONS AS LISTED ABOVE.

SIGNED ____________________ Typed or Printed Name ____________________ Name of Company______________________________Date____________________

GENERAL CONDITIONS

1.

DEFAULT: IN CASE OF DEFAULT BY THE CONTRACTOR, THE COUNTY RESERVES THE RIGHT TO PURCHASE ANY OR ALL ITEMS IN DEFAULT IN THE OPEN MARKET, CHARGING THE CONTRACTOR WITH ANY EXCESSIVE COSTS. SHOULD SUCH CHARGE BE ASSESSED, NO SUBSEQUENT BIDS OF THE DEFAULTING CONTRACTOR WILL BE CONSIDERED UNTIL THE ASSESSED CHARGE HAS BEEN SATISFIED.

2.

HOLD HARMLESS: THE SUCCESSFUL BIDDER SHALL INDEMNIFY AND HOLD HARMLESS THE COUNTY OF LANCASTER AND ALL COUNTY OFFICERS, AGENTS AND EMPLOYEES FROM ALL SUITS OR CLAIMS OF ANY CHARACTER BROUGHT BY REASON OF INFRINGING ON ANY PATENT TRADEMARK OR COPYRIGHT.

3.

CONTRACT ADMINISTRATION: QUESTIONS OR PROBLEMS ARISING AFTER AWARD OF THIS CONTRACT SHALL BE DIRECTRED TO THE PURCHASING AGENT, 101 N. MAIN ST., LANCASTER, SC 29720, OR BY CALLING (803) 285-6323. THE COUNTY ADMINISTRATOR OR HIS DESIGNEE MUST AUTHORIZE ALL CHANGE ORDERS IN WRITING. LANCASTER COUNTY SHALL NOT BE BOUND TO ANY CHANGE IN THE ORIGINAL CONTRACT UNLESS APPROVED BY THE COUNTY ADMINISTRATOR.

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4.

FORCE MAJURE: THE CONTRACTOR SHALL NOT BE LIABLE FOR ANY EXCESS COSTS IF THE FAILURE TO PERFORM THE CONTRACT ARISES OUT OF CAUSES BEYOND THE CONTROL AND WITHOUT FAULT OR NEGLIGENCE OF THE CONTRACTOR. SUCH CAUSES MAY INCLUDE, BUT ARE NOT RESTRICTED TO ACTS OF GOD OR OF THE PUBLIC ENEMY, ACTS OF THE GOVERNMENT IN EITHER ITS SOVEREIGN OR CONTRACTUAL CAPACITY, FIRES, FLOODS, EPIDEMICS, QUARANTINE RESTRICTIONS, STRIKES, FREIGHT EMBARGOES AND UNUSUALLY SEVERE WEATHER; BUT IN EVERY CASE, THE FAILURE TO PERFORM MUST BE BEYOND THE CONTROL OF BOTH THE CONTRACTOR AND SUBCONTRACTOR AND WITHOUT EXCESS COSTS FOR FAILURE TO PERFORM, UNLESS THE SUPPLIES OR SERVICES TO BE FURNISHED BY THE SUCONTRACTOR WERE OBTAINABLE FROM OTHER SOURCES IN SUFFICIENT TIME TO PERMIT THE CONTRACTOR TO MEET THE REQUIRED DELIVERY SCHEDULE.

5.

PUBLICITY RELEASES: CONTRACTOR AGREES NOT TO REFER TO AWARD OF THIS CONTRACT IN COMMERCIAL ADVERTISING IN SUCH A MANNER AS TO STATE OR IMPLY THAT THE PRODUCTS OR SERVICES PROVIDED ARE ENDORSED OR PREFERRED BY THE USER.

6.

BIDDERS MUST CLEARLY MARK AS “CONFIDENTIAL” EACH PART OF THEIR BID WHICH THEY CONSIDER TO BE PROPRIETARY INFORMATON THAT COULD BE EXEMPT FROM DISCLOSURE UNDER SECTION 30-4-4C CODE OF LAWS OF SOUTH CAROLINA, 1976, (1986 CUM SUPP) FREEDOM OF INFORMATION ACT. THE COUNTY RESERVES THE RIGHT TO DETERMINE WHETHER THIS INFORMATION SHOULD BE EXEMPT FROM DISCLOSURE AND NO LEGAL ACTION MAY BE BROUGHT AGAINST THE COUNTY OR ITS AGENTS FOR ITS DETERMINATION IN THIS REGARD.

I HAVE READ, UNDERSTAND AND AGREE TO THE ABOVE.

SIGNED _____________________Typed or Printed Name ____________________ Name of Company____________________________Date______________________

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