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(A) Performance bonds. The awarding authority shall require at least a 100% performance bond issued by a commercial surety company for every construction contract expected to cost $100,000 or over. Any commercial surety company issuing a performance bond shall have an A minimum rating of performance as stated in the most current publication of Best Key Rating Guide, Property Liability. For any construction contract estimated to cost less than $100,000, the awarding authority may, in its discretion, require a performance bond in a form satisfactory to it.
(B) Payment bonds. Whenever the awarding authority, acting in the name of Newberry County or through any of its elected officials, departments, or agencies, awards or enters into a contract for the improvement of real property for a sum in excess of $50,000, a labor and material bond shall be supplied by the contractor for the full amount of the contract, with the bond secured by cash or by a commercial surety with an A minimum rating of performance as stated in the most current publication of Best Key Rating Guide, Property Liability. If a contract is less than $100,000, the awarding authority may permit the use of a B+ rated bond, if it justifies the use in writing. Newberry County may not require that the labor and material bond be furnished through a particular surety company or through a particular agent or broker.
(C) Bid bonds. For purchases in excess of $25,000 awarded pursuant to the procedures set forth in §§ 34.36, 34.37, or 34.44, and for any construction contracts for the improvement of real property, the bid or proposal shall be accompanied by a bid bond in the form of a cashier's check in the amount of 5% of the contract amount. The disposition of the bid bonds for purchases in excess of $25,000 will be as set forth in § 34.36. In the case of construction contracts, the bid bonds will be returned to the unsuccessful bidders shortly after bids are opened and the successful bidder determined. The bid bond of the successful bidder will be returned to that bidder when the bidder timely enters into the contract with the county and when any required performance and payment bonds are submitted to and accepted by the county. Bid bonds are forfeited to the county as liquidated damages when the entity to whom the contract is awarded fails to enter into the contract or otherwise fails to commence performance of its contractual obligations within the times required by its bid or in the bid specifications, or in the proposal submitted and accepted, or in the negotiated agreement, as the case may be.
(D) Form of cash surety. Any requirement for the submission of cash or a cashier's check in connection with providing of a bid bond or other surety under this chapter may be satisfied by the submission of a bank check payable to the County of Newberry issued by a commercial bank from 1 of its offices in South Carolina in a form satisfactory to the county, or by the deposit of cash in the required amount, or by an unconditional letter of credit in favor of Newberry County issued by a commercial bank from 1 of its offices in South Carolina in a form satisfactory to the county.
(E) The County Administrator and/or the Purchasing Director are authorized and directed to obtain from a successful bidder, or a from a submitter of a proposal for services who is to be awarded a contract, proof of current Workers Compensation coverage and of general liability or automobile liability or other insurance coverage, as may be required by the bid specifications or by the request for proposals, before issuing a Notice to Proceed or finally awarding the bid or entering into a contract to carry out a proposal, if the vendor is reasonably expected to have any of its servants or employees performing work on county property, on county equipment or on a county funded project, wherever located.
(F) The County Administrator and/or the Purchasing Director are authorized and directed to apply such policies set forth in the division (E) above to all future procurement solicitations by the county, unless specifically exempted from doing so by subsequent vote of Newberry County Council, or unless the County Administrator declares that an emergency exists which justifies temporarily suspending any of these policies.
(Ord. 01-02-04, passed 1-7-2004; Am. Ord. 10-42-06, passed 11-15-2006)
When contractors require plans and specifications in order to submit a bid, the county may supply same and make charges for them. The county may, at its option, sell specific sheets of plans to contractors or subcontractors as may be required; however, specifications must be treated as a whole and charges made for them. Contractors may return plans and specifications if they are not the successful bidder and have their charges reimbursed, provided the plans and specifications are in good, readable condition.
(Ord. 01-02-04, passed 1-7-2004)
A 10% retainage shall be retained by the county for every construction project, with the retainage to be payable, less any deductions allowed by contract, when the punch list is completed and the completed project accepted by the County Administrator, or as otherwise authorized or directed by County Council.
(Ord. 01-02-04, passed 1-7-2004)
(A) For every contract the county enters into, time is of the essence; accordingly, a time frame for delivery or completion shall be established and incorporated into the contract between the county and the contractor. This time limit shall set the completion date of work provided by the contractor. In the event that the contractor fails to perform the stated work within the time frame, liquidated damages may be assessed by the county as indicated in the contract.
(B) In solicitation for bids, proposals, or qualifications, the county shall specify that the contractor shall provide in his or her bid document a time frame for completing the project, and that time is of the essence in completing the contract. The county shall specify in its requests for proposals, requests for qualifications, or in its invitations for bids that time is of the essence and shall specify a time frame for the completion of the work. If the contractor cannot provide the work in that time frame, he or she shall so indicate in his or her bid or his or her proposal, and the county shall take that into consideration. Any agreements reached between the contractor and the county shall be so stipulated in the contract agreement between the parties.
(Ord. 01-02-04, passed 1-7-2004)
(A) Generally. All vending machines, food service operations, or other concessions to be placed and operated in any building or on any property owned or occupied by any department or agency of the county shall be secured through a process of competitive bidding, if it is to the advantage of the county to do so. Exception: Elected officials may allow the placement at their offices of vending machines purchased or leased with employee funds, or donated to the office, and so long as public funds are not used to purchase, lease, or stock the machines, the revenues therefrom are not county funds, and may be disbursed as directed by the elected official or his or her designee.
(B) Installation/commission basis. Unless specifically excepted by County Council, no vending machine, pay telephone, or other concession device shall be purchased by the county. Subject to the exception stated in division (A) above, all concessions shall be placed and operated on the basis that the vendor installs, maintains, and stocks the machines and pays a commission to the county.
(C) Disposition of commissions. Subject to the exception in division (A) above, all commissions earned from any concession on county property shall be deposited with the County Treasurer through the Finance Department, to be credited to the General Fund except as otherwise designated by County Council.
(D) Applicability. This section shall apply to all property owned or leased by the county, including but not limited to the Administration Buildings, Courthouses, Sheriff's office, Emergency Communications Center, Detention Center, Public Works Center, environmental solid waste disposal sites, or any other property occupied by any county department or agency.
(E) Exemptions. This section shall not apply to any concession granted to a blind person or to the State Commission for the Blind pursuant to the provisions of S.C. Code § 43-25-70, as amended. The County Administrator may grant individual concessions to any handicapped person in preference to any other nonhandicapped person submitting a bid under this chapter. This section shall not apply to concessions operated on property leased by the county to any other person, firm, corporation, or agency.
(Ord. 01-02-04, passed 1-7-2004)
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