Windjammer Dr. and New Gray Rock Rd. Rectangular Rapid Flashing Beacon

City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 BID OVERVIEW DATE: October 25th, 2023 DESCRIPTION OF WORK: Windjammer Dr. and New Gray Rock Rd. Rectangular Rapid Flashing Beacons ISSUING AGENCY: City of Tega Cay 7725 Tega Cay Dr. Tega Cay, SC 29708 LOCATION OF SERVICE: City of Tega Cay 7725 Tega Cay Dr. Tega Cay, SC 29708 CONTACT PERSON: Tim Gillette, Operations Director 803-548-3512 tgillette@tegacaysc.gov The City of Tega Cay reserves the right without prejudice to reject, in whole or in part, any and all proposals received, to waive all technicalities, or to negotiate any term(s) or provision(s) of such proposals. Such rejection, waiver, or negotiation shall be accomplished in any manner necessary to serve the best interest of the City. It also reserves the right to be the

sole judge of the suitability of any and all proposals for use by the City. The City of Tega Cay reserves the right to reject or otherwise disregard, in whole or in part, any ambiguous proposals or proposals which are uncertain as to terms, delivery, quantity of compliance with specifications. BID PURPOSE AND DESCRIPTION The City of Tega Cay is accepting sealed bids from qualified Bidders for JSF Technologies AB- 9400 Rectangular Rapid Flashing Beacons to be installed by the City at Windjammer Dr./Tega Cay Dr. Crosswalk and New Gray Rock Rd./Catawba Park Crosswalk. All responses to this request must be received no later than 4:00 PM EST, November 15, 2023. Qualifications received after this date and time shall be returned unopened. SCOPE OF SERVICES All bids must be made on the basis of and meet or exceed the requirements contained herein. The successful Offeror must be able to provide services, to include the following: City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 1. Four (4) JSF Technologies AB-9400 (40W) Dual-Sided Rectangular-Rapid Flashing Beacon. Specifications listed under Appendix 1. 2. One (1) JSF Technologies Flashing Pedestrian Crossing Sign. 3. One (1) JSF Technologies Communication Relay Box. 4. Continued support services following installation of product. PROPOSAL SUBMISSION SPECIFICATIONS AND REQUIREMENTS 1. Proposals should be as thorough and detailed as possible so that the City may properly evaluate your capabilities to provide the required goods/services. Offerors are required to submit the following items as a complete Proposal: a. The return of the addenda, if any, signed and filled out as required. b. Detailed cost statement for each section. c. Bid submissions must also include a proposed start date and estimated number of days to substantially complete the project. d. Copies of current licenses. e. Performance Bond: The Offeror is required to furnish a performance bond covering faithful and satisfactory performance of the work contracted in an amount not less than one hundred percent (100%) of the Contract Amount. All bonds shall be issued by companies authorized to transact business in the State of South Carolina. f. Insurance: The successful Offeror must provide a statement indicating that they are able to procure and maintain, without interruption and on an occurrence basis, public liability insurance in the amount of $1,000,000.—(one million dollars) to cover property damages and/or accidents and personal injuries that may be sustained by any patron or guest of the Pools. The insurance coverage shall name the City, its elected officials, office, agents and employees as additional insured and shall be primary as to any overlapping coverage carried by the City. The successful Offeror shall not be liable for mechanical failure or equipment damage to the Pools resulting from faulty construction not performed by or on behalf of the successful Offeror or from hydrostatic pressure. 2. Ownership of all data, materials and documentation originated and prepared for the City pursuant to the request for bid shall belong exclusively to the City and be subject to public inspection in accordance with the South Carolina Freedom of Information Act. Trade secrets or proprietary information submitted by an Offeror shall not be subject to public disclosure under the South Carolina Freedom of Information Act; however, the Offeror must invoke the protections of Section 2.2-4342 F of the Code of South Carolina, in writing, either before or at the time the data is submitted. The written notice must specifically identify the data or material to be protected and state the reasons whey protection is necessary. The proprietary or trade secret material submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secret or proprietary information. The classification of an entire City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 proposal document, line-item prices and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection and return of the proposal. Offerors must submit one (1) copy of the proposal. Proposals shall be sealed and labeled Windward Sidewalk. Bids can be mailed, or hand delivered to the City of Tega Cay (7725 Tega Cay Dr.). All bids must be received by no later than 4:00 PM EST, November 15, 2023. All questions pertaining to this request for bid must be submitted in writing by emailing tgillette@tegacaysc.gov no later than 5:00 PM (EST) on November 8, 2023. Only written questions will be considered formal. EVALUATION CRITERIA AND SELECTION PROCEDURE The City shall have sole discretion in evaluating qualifications. The City reserves the right to select the qualifications that it may determine to be in the best interest of the City. The City also reserves the right to reject any and all qualifications, including that of the selected firm if satisfactory contract negotiations cannot be concluded. **The City of Tega Cay pays SC Sales Taxes in the amount of 7%. However, the City is exempt from Federal Excise Taxes and will issue exemption certificates, if requested. INCLUDE ALL APPLICABLE TAXES IN YOUR LUMP-SUM PROPOSAL COSTS. GENERAL TERMS AND CONDITIONS 1. RECEIPT AND OPENING OF SEALED PROPOSALS: a. Sealed proposals will be received and opened as specified in this request for bid document. b. The City will consider as non-responsive any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informality or reject any and all proposals. Any proposal may be withdrawn prior to the above scheduled time for the opening of proposals or authorized postponement thereof. Any proposal received after the time and date specified shall not be considered. 2. PREPARATION OF PROPOSAL: a. All proposals will be evaluated in accordance with the responsiveness to same determined in accordance to the instructions and criteria in this document. Any proposal not providing sufficient information and documentation to comply with the RFP Evaluation requirements will be considered non-responsive and removed from further consideration. b. A proposal shall be made in the official name of the firm or individual under which business is conducted (showing the official business address) and must be signed in City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 ink by a person duly authorized to legally bind the person, partnership, company, or corporation submitting the proposal. c. All information shall be typewritten. d. One (1) copy submitted in a sealed envelope. The submitted responder is required to have printed on the envelope or wrapping containing their proposal: responder business name and address and the proposal title. If forwarded by mail, the sealed envelope containing the proposal must be enclosed in the outer envelope. The City shall not be responsible for unidentified proposals. e. Responders mailing their proposal must allow a sufficient mail delivery period to insure timely receipt of their proposal. The City is not responsible for proposals delayed by mail and/or delivery services of any nature. It is the responder’s sole responsibility to ensure that all documents are received by person (or office) at the time indicated in the proposal document. No facsimile or email submissions will be accepted. f. Responders must clearly mark as “Confidential” each part of their offer which they consider proprietary information that could be exempt from disclosure under Section 30- 4-40, Code of Laws of South Carolina, 1976 as amended (Freedom of Information Act). If any part is designated as “confidential”, there must be attached to that part an explanation of how this information fits within one or more categories listed in Section 30-4-40. The City reserves the right to determine whether this information should be exempt from disclosure and no legal action may be brought against the City or his agents for its determination in this regard. g. Each responder shall acknowledge receipt of all addenda by its submission of a proposal. It shall be each responder’s responsibility to assure that all addenda have been received. Addenda, if any, will be posted on the RFP/Bid page of the City’s website. No claim for failure to receive addenda will be considered. 3. RESPONDER QUALIFICATIONS: To be acceptable to the City, responders must be skilled and/or licensed, if applicable, in the class of work on which they respond, and no proposal will be considered from any responder who is unable to show that he has actually performed considerable work of similar character to that on which he is responding. 4. EXECUTION OF CONTRACT: The responder to whom an award is made shall deliver to the City a Certificate of Insurance, listing the City of Tega Cay as additional insured, prior to execution of the contract. 5. TERM OF CONTRACT AND CONTRACT DOCUMENTS: a. The contract documents that will form the contract shall include: i. The Complete Request for Proposals ii. All Addenda iii. The Successful Responder’s Submitted Proposal Document iv. Notice of Award (Verbal or Written) City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 v. Executed Contract vi. Insurance Certification b. Proposals submitted must be in a form suitable for incorporation, verbatim, into the contract. c. No written contract may be assigned, sublet, or transferred without the written consent of the City Manager. 6. INSURANCE: The successful responder shall procure, maintain, and provide proof of, insurance coverage for injuries to persons and/or property damage as may arise from or in conjunction with, the work performed on behalf of the City by the responder, their agents, representatives, employees or subcontractors. Proof of coverage as contained herein shall be submitted within ten (10) days after the City has provided a verbal notice of award and such coverage shall be maintained by the Responder for the duration of the contract period. a. Worker’s Compensation – Limits as required by the Workers’ Compensation Act of SC, Employers Liability, $1,000,000. b. General Liability insurance in the amount of $1,000,000.00. c. Punitive damage coverage for liability insurance. d. Professional liability insurance in the amount of $1,000,000.00. e. Coverage Provisions i. All deductibles or self-insured retention shall appear on the certificate. ii. City of Tega Cay shall be listed as additional insured. This provision does not apply to Professional Liability or Workers’ Compensation/Employers’ Liability. iii. The responder’s insurance shall be primary over any applicable insurance or self-insurance maintained by the City. iv. Shall provide thirty (30) days written notice to the City before any cancellation, suspension, or void of coverage in whole or part, where such provision is reasonable. v. All coverage for subcontractors of the responder shall be subject to all of the requirements stated herein. vi. All deductibles or self-insured retention shall appear on the certificate and shall be subject to approval by the City. At the option of the City, either the insurer shall reduce or eliminate the deductible or self-insured retention; or the responder shall be required to procure a bond guaranteeing payment of losses and related claims expense. vii. Failure to comply with any reporting provisions of the policy shall not affect coverage provided the City, its officers/officials, agents, employees and volunteers. viii. The insurer shall agree to waive all rights of subrogation against the City, its’ officers/officials, agents, employees or volunteers for any act, omission, or City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 condition of premises which the parties may be held liable by reason of negligence. ix. The responder shall furnish the City certificates of insurance including endorsements affecting coverage. The certificates are to be signed by a person authorized by the insurance company to bind coverage on its’ behalf, if executed by a broker, notarized copy of authorization to bind, or certified coverage must be attached. 7. RIGHT TO INCREASE OR DECREASE THE AMOUNT OF WORK: The City reserves the right to increase or decrease the amount of work under the Contract at the unit prices quoted in the proposal received from the successful responder (if applicable). 8. LAW AND REGULATIONS: The responder’s attention is directed to the fact that all applicable Federal, State and Local laws, statutes, ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract and the project throughout, and they will be deemed to be included in the contract the same as though herein written out in full. 9. 9) METHOD OF AWARD: a. Contracts will be awarded to the responder whose proposal appears to serve the best interest of the City. The successful responder will be determined as prescribed herein this document. b. The City reserves the right to accept or reject, in whole, in part, together or separately, any and all responses as appears in its sole judgment to be in the best interests of the City, or to waive any and all technicalities and informalities in determining the action of each proposal. 10. OBLIGATION OF RESPONDER: At the time of the opening of proposals, each responder will be presumed to have inspected the site, if applicable, and to have read and to be thoroughly familiar with the Documents (including all addenda). The failure or omission of any responder to examine any form, instruction or document shall in no way relieve any responder from any obligation in respect to this request for bid. VENDOR AGREEMENTS 1. STATEMENT OF RIGHTS: The City reserves the right to obtain clarification or additional information necessary to properly evaluate a proposal. Vendors may be asked to give a verbal presentation of their proposal after submission. Failure of vendor to respond to a request for additional information or clarification could result in rejection of that vendor's proposal. The City reserves the right to accept or reject any and all proposals, in whole or in part, separately or together, with or without cause; to waive technicalities in submissions, to secure a project that is deemed to be in the best interest of the City. The City also reserves the right to make purchases outside of the awarded contracts where it is deemed in the best interest of the City. City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 2. GENERAL TERMS: Each responder by submitting a response to the City as a result of this RFP, agrees to and acknowledges its acceptance of and agreement with the procedures outlined below and the terms, conditions and requirements of the applicable the City RFP document. Agreement is evident by the submission of a response to the City. If a vendor cannot agree to these terms, or violates these procedures, the response will be judged non-responsive and not considered. If the procedures are violated during the evaluation process or prior to the issuance of a contract by the City, the offer of the firm in question will be void and the City will procure the goods/services in question from other eligible vendors. 3. SPECIFIC TERMS: a. Any deviation from specifications in the proposal solicitation must be clearly pointed out; otherwise, it will be considered that the items offered are in strict compliance with these specifications, and the successful responder will be held responsible, therefore. Unless otherwise stated, it is understood and agreed that any item offered or shipped on this proposal shall be new and suitable for storage or shipment, and that prices include standard commercial packaging and handling. b. Any attempt by a vendor to influence the opinion of the City staff, or City Council, by discussion, promotion, advertising or any procedure to promote their offer, will constitute grounds to judge such an offer non-responsive. All offers presented to the City will be evaluated based on the current City Code and the offer as presented to the City on the date/time specified in the given solicitation. c. The City reserves the right to make periodic inspections of the manner and means the service is performed or the goods are supplied. d. All vendors are informed that the City Manager may exercise the City's option to extend the contract and/or purchase order under the provisions of City Code should such extension be mutually agreeable between the City and the selected vendor. e. The Responder agrees to secure at Responder’s own expense all personnel necessary to carry out Responder’s obligations under this Proposal. Such personnel shall not be deemed to be employees of the City nor shall they or any of them have or is deemed to have any direct contractual relationship with the City. The City shall not be responsible for withholding taxes with respect to the Responder’s compensation hereunder. Responder shall not hold himself out as an employee of the City and shall have no power or authority to bind or obligate the City in any manner, except City shall make payment to Responder for services as herein provided. Responder shall obtain and maintain all licenses and permits required by law for performance of this contract by him. The Responder shall have no claim against the City hereunder or otherwise for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. State or Federal governments, including but not limited to Social Security, workmen's compensation, Employment Security, sales or City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 use tax and any other taxes and licenses or insurance premiums required by law. The City shall pay no employee benefits or insurance premiums of any kind to or for the benefit of Responder or his employees, agents, and servants by reason of this contract. f. The responder will act in an independent capacity and not as officers or employees of the City. The vendor shall indemnify, defend and hold harmless the City, its officers, agents and employees from liability and any claims, suits, judgments, and damages of any nature brought because of, arising out of, or due to breach of the agreement by Vendor, its subcontractors, suppliers, agents, or employees or due to any negligent act or occurrence or any omission or commission of Vendor, its subcontractors, suppliers, agents, or employees. g. The successful vendor shall indemnify and hold harmless the City, its officers, agents and employees from all suits or claims of any character resulting from patent, trademark or copyright infringement or accidents/injury at any point in the delivery of goods/services. h. It is the responsibility of the prospective responder to review the entire request for proposals packet and to notify the City Manager’s Office if the specifications are formulated in a manner that would unnecessarily restrict competition. Any such protest or question regarding the specifications or responding procedures must be received by the City Manager’s Office not less than five (5) days prior to the time set for proposal opening. These requirements also apply to specifications or instructions that are ambiguous. i. Should any vendor fail to perform or comply with any provision or terms and conditions of any documents referenced and made part hereof, the City may terminate this contract, in whole or in part, and may consider such failure or non-compliance a breach/default of contract. The City reserves the right to purchase any/all items or service in default on the open market. By submittal of a response, all vendors agree to this provision. No additional responses will be considered from a firm in default until the default expenses are paid. No principals of a defaulting firm may submit a response under another organization or individual name until their previous default is settled. j. The City may terminate this agreement with or without cause at any time. In the event of termination by either party, uncontested fees due for services satisfactorily performed or goods accepted prior to the termination shall be paid. k. Submit three (3) bound copies and one (1) digital copy of your response. l. All submittals become the property of the City. m. All proposals (and supporting documents) will be retained by the City for a period of one hundred twenty (120) days from the date the proposals are opened after the opening hour commences. City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 n. S.C. LAW CLAUSE: Upon award of a contract under this proposal, the person, partnership, association, or corporation to whom the award is made 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 exempt or exclude the successful responder from requirements that it be authorized and/or licensed to do business in this state, by submission of this signed proposal, the responder agrees to subject itself to the jurisdiction and process of the courts of the State of South Carolina, to all matters and disputes arising or to arise under the contract and performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State. City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 EXHIBIT 1 City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400 City of Tega Cay, South Carolina www.tegacaysc.org 7725 Tega Cay Drive Tega Cay, SC 29708 Phone: 803.548.3512 Fax: 803.548.1400