1 RFB.pdf

Page 1 of 15 _______ Initials

REQUEST FOR BID

(RFB)

REQUESTOR: City of Georgetown 1134 North Fraser Street Georgetown, SC 29440 Contact: Nereo Parreno, Purchasing Agent Email: purchasing@georgetownsc.gov Phone: 843.545.4046

PROJECT NAME: Maryville Water Distribution Improvements Phase II

PROJECT NUMBER: 1518

GL NO.: 0031.15.00.9000.3500

FUNDED BY: City of Georgetown

RELEASE DATE: Wednesday, September 10, 2025

DUE DATE: On or before 2:00 pm EST (local time) Friday, October 10, 2025

Bids must be submitted electronically through the City’s website, www.georgetownsc.gov. The City will not accept Bids by hard copy, fax, or email.

For instructions on how to submit your bid electronically, please refer to the City’s website, under “Business”, or click here for a direct link.

Page 2 of 15 _______ Initials

TABLE OF CONTENTS

Topic Page

Important hyperlinks and email address 3

Background 3

Purpose/Description 3

Non-Mandatory Pre-Bid Meeting 3

Site Visit 3

Scope of Services 3

Process 5

Award 5

Protest Procedure 6

Questions 6

Schedule of Events 7

Submittal Instructions 8

General Contractual Requirements 12

Exhibits 15

Page 3 of 15 _______ Initials

Important hyperlinks and email addresses:

1. City of Georgetown website

2. City of Georgetown Public Facebook

3. City of Georgetown Purchasing Ordinance in its entirety.

4. All available project documents

5. All questions must be submitted directly through Bidnet:

https://www.bidnetdirect.com/south-carolina/cityofgeorgetown

Background The City of Georgetown (City) is an incorporated municipality with a population of nearly 9,000 residents. The City is located 60 miles north of Charleston and 36 miles south of Myrtle Beach.

It is the endpoint of the area commonly known as “The Grand Strand.” The Winyah Bay borders the City to the east and the Sampit River to the south. Tourism is a significant economic driver in the area and local industries, such as International Paper and Tidelands Hospital. The City is the county seat and operates under the Mayor-Council form of government as outlined in the State of South Carolina Code Chapter II, Article I, Section 2-1. Additional information is available on our website at www.georgetownsc.gov.

Purpose/Project Description

The City of Georgetown, South Carolina is seeking bids from qualified and licensed water utility contractors to replace the potable water lines in the City’s Maryville District: Morrison, Elizabeth, and Oak Streets.

Non-Mandatory pre-bid meeting

A Non-Mandatory pre-bid meeting will be held at 10:00 am, EST (Local Time), Wednesday, September 24, 2025, via MS Teams.

Site Visit

Bidders must visit the site prior to submitting their bid to become familiar with the surrounding conditions. Failure to visit the site shall in no way relieve any bidder from any obligation in respect to their bid.

Scope of Services

The proposed project consists of the installation of approximately 4,305 lineal feet (LF) of new 6-

in. PVC water lines, new fire hydrants, new water services, new isolation valves, street and driveway asphalt restoration in the following Maryville District streets: Morrison, Elizabeth, and Oak.

The selected Contractor shall be responsible for replacing the existing water service lines with new 1-in. water service lines as noted in the engineering plans and technical specifications.

Page 4 of 15 _______ Initials

All excavation, backfilling, and pavement restoration work shall comply with SCDOT construction standard specifications as the work is to be performed within the SCDOT’s right-of-way (R/W).

Work includes but it is not limited to the following activities:

1. Attend pre-construction meeting with Owner.

2. Material submittals for engineer’s approval.

3. Call 811 for underground utility mark outs prior to commencement of field activities.

4. Set up traffic controls as per SCDOT approved traffic control plan.

5. Secure work area and provide pedestrian and vehicular traffic protection.

6. Comply with all applicable OSHA safety standards.

7. Coordinate work with other utilities.

8. Sawcut asphalt.

9. Remove and dispose of existing asphalt and any unsuitable excavated soil.

10. Dewatering of excavated trench, as necessary.

11. Protection of existing above ground and underground utilities. The Contractor shall be responsible for the repair of any damaged underground utilities at their own expense.

12. Abandonment of existing water lines.

13. Furnish and install new PVC potable water lines as shown on the plans.

14. Install new water services and taps.

15. Disconnect and connect water services to existing water meters.

16. Compaction testing for backfilling within asphalt areas by a qualified testing agency.

17. Backfill and compact with suitable fill material.

18. Pressure test water lines.

19. Sanitize and disinfect new water lines to obtain DES’s permit to operate.

20. Place 10-inches of GABC material on top lift. (2 inches of GABC will be removed prior to placement of asphalt layer). No asphalt patch is required.

21. Place 2-in surface course asphalt. Asphalt shall be HMA SCDOT Type B.

22. Comply with all approved state permits and technical specifications under this contract.

23. The contractor shall comply with all the SCDOT, SCDES, and NPDS SWPPP permit requirements.

24. The contractor shall conduct a pre-construction conference and perform weekly SWPPP inspections in accordance with the SCDES NPDS permit.

Specifications

SCDOT Standard Construction Specifications SCDOT Utilities Accommodation Manual Technical Specifications-Water

Warranty

Contractor shall warranty the work for two (2) years from the date of SCDOT final acceptance.

Page 5 of 15 _______ Initials

Process

The City will conduct the selection of qualified contractor personnel in the following manner:

1. The RFB Form documents will be available on our website. Bids will be received and evaluated as described in this RFB.

2. The best qualified, lowest responsible, and responsive Bid will be presented to the Georgetown City Council or City Administrator for approval, as required.

3. After Council approval, the City will issue a Notice of Award.

4. The Submittal Listing of Bids received will be published on the City’s website within forty-eight (48) hours of opening. Click here for a direct link.

Award

Submission of a Bid indicates acceptance by the Contractor of the conditions contained in this

RFB.

Contract shall be awarded to the best qualified, and lowest responsive and responsible Contractor.

The City shall have the sole discretion in determining the best qualified, lowest responsive and responsible Bidder. In addition to fee, the City, shall consider:

A. The ability, capacity, and skill of the Contractor to perform the contract to provide the service required;

B. Whether the Contractor can perform or provide the service promptly, or within the time specified, without delay or interference;

C. The character, integrity, reputation, judgment, experience, and efficiency of the Contractor;

D. The quality of performance of previous contracts or services similar to services being sought in this RFB;

E. The previous and existing compliance by the Contractor with laws and ordinances relating to the contract or services;

F. The sufficiency of the financial resources and ability of the Contractor to perform the contract or provide the service;

G. The quality, availability, and adaptability of the supplies or contractual services to the particular use required;

H. The ability of the Contractor to provide services for the nature of the requirements of an awarded contract as required in the RFB; and

I. Whether the Contractor has met the criteria of the RFB specifications, terms and conditions of the RFB.

Page 6 of 15 _______ Initials

Protest Procedure

In accordance with the City’s Procurement Ordinance, any protest or objection to this RFB award process must be submitted in writing to the City of Georgetown, Attn: Nereo Parreno, Purchasing Agent, PO Drawer 939, Georgetown, SC 29440, within ten (10) calendar days of the notification of award posted to the City’s website.

Questions

No answers will be given over the phone.

All questions regarding this Request for Bid must be submitted directly through our procurement platform, Bidnet, no later than 2:00 PM EST (local time) on Friday, September 26, 2025.

Answers to questions or Addenda will be posted on the City’s website as an Addendum no later than 2:00 PM EST (local time), Wednesday, October 1, 2025.

Please note - if you do not receive an online confirmation from Bidnet that your questions submission was successful, it is the bidder's sole responsibility to contact the Purchasing Agent at 843.545.4046.

No questions will be accepted after the deadline mentioned above. All submittals shall include the following in the subject line: Maryville Water Distribution Improvements Ph. II, Project

#1518

Page 7 of 15 _______ Initials

Schedule of Events

CONSTRUCTION PROJECT TIMELINE

MARYVILLE WATER DISTRIBUTION IMPROVEMENTS -PHASE II

No. MILESTONE EVENT DATE

TIME

EST

(LOCAL

TIME)

1 Request for Bids (RFB)-Construction Wednesday, September 10, Non-Mandatory Pre-Bid Conference (Via MS Teams)

Wednesday, September 24, 10:00 AM

Deadline for written questions - emailed to:

purchasing@georgetownsc.gov

Friday, September 26, 2025 2:00 PM

Deadline for addenda to be posted to the City's website, www.georgetownsc.gov

Wednesday, October 1, 2025 2:00 PM

5 Bids due date Friday, October 10, 2025 2:00 PM

6 Bid Approval by City Council (Tentative) October 2025

7 Issue Notice of Award (Tentative) October 2025

Start Construction-Notice to Proceed (Tentative)

November 2025

9 Finish Construction (180 days after NTP) April 2026

When the Procurement Division is closed due to force majeure, bid openings will be postponed to the same time on the next official business day. The vendor is responsible for obtaining information regarding bid submittals directly from the City’s website.

Procurement procedures are subject to the City’s procurement policies as outlined in Section 2- 185 of the City’s Municipal Code (Chapter (Administration), Article IV (Procurement)). The City’s Procurement Ordinance can be found in its entirety on the City’s website.

The City reserves the right to change the project schedule as it deems necessary. In the event of a major date change, the City will post notice of such on the City’s website and notify known participants. The City reserves the right to issue addenda to this RFB up to two (2) days before

Page 8 of 15 _______ Initials the RFB due date as needed to clarify the City’s desires or to make corrections or changes to the RFB document or submittal process.

The City reserves the right to request additional information from any and all prospective contractors or individuals deemed necessary by the City to evaluate the Bids. However, this process may not be used as an opportunity to submit missing documentation, missing information, or to make substantive revisions to the original bid.

The City reserves the right to cancel or reissue the RFB and/or revise the schedule at any time.

The City also reserves the right to accept or reject any or all Bids deemed in its best interest and to accept all or part of the scope of work herein as its project timeline and/or budget allows.

Once a final determination is made, the City is not required to furnish a statement of the reason(s) a bid was not selected.

All information will be updated and posted on the City’s website.

It is the Contractor’s sole responsibility to obtain the information directly from the City’s website regarding this project.

The Contractor will acknowledge receipt of all issued addenda in their submittals, if applicable.

No: __________________Dated:______________

Submittal Instructions

The bid price shall be valid for a period of 60 calendar days from the date of bid opening.

Bids must be submitted on the required Bids Form (Exhibit A) and executed by a legal duly authorized officer of the Contractor submitting the RFB.

By initialing the bottom of each page of this RFB document, the Contractor represents that (1) their representatives have read and understood the solicitation and (2) their bid is made in compliance with this solicitation. The contractor’s representatives are expected to examine this

RFB thoroughly and request an explanation of any ambiguities, discrepancies, errors, omissions, or conflicting statements. Failure to do so will be at their risk.

All procurement procedures are subject to the City’s procurement policies as outlined in Section

2-185 of the City’s municipal code.

The City’s Purchasing Ordinance can be found in its entirety on the City’s website.

Page 9 of 15 _______ Initials

It is the sole responsibility of the Contractor to have their Bids delivered to the City before the closing hour and date. The City assumes no responsibility for technological failure in submitting

Bids electronically. It is the sole responsibility of the Contractor to confirm that their bid was submitted on time, and that their PDF file/files are not corrupt.

Submittals may be rejected if deemed non-responsive. To be considered, interested parties must submit the following no later than the aforementioned deadline:

The City WILL NOT accept bids by:

Hard copy Fax Email

1. Submit bid electronically through the City’s website, www.georgetownsc.gov.

Click here to submit electronically.

Submittal package must include all of the following items. The PDF file upload limit is 5.

Each PDF file should be clearly labeled as such:

1. Bid Form (Exhibit A)

2. Mandatory Local Vendor Submittal Form (Exhibit B)

3. This RFB (initialized on each page by the responsible person)

4. Bid Bond

2. The City reserves the right to waive any minor informalities and irregularities of submittals that do not affect price, quantity, quality, or delivery. Minor informalities to include:

failing to initial the bid, failing to acknowledge addenda, or not submitting the Local Vendor Preference Option Form, will not, by themselves result in a submittal being deemed non-responsive. The City will request that any and all contractors correct the minor informality or irregularity within the same specified time.

3. Electronic bid must be received electronically through the City’s website, www.georgetownsc.gov, no later than the aforementioned deadline. Bids will be publicly opened and read aloud via the City’s public Facebook page, https://www.facebook.com/Cityofgtown/. No bid will be accepted after such time. Late Bids will not be accepted nor considered. The official clock shall be that of the City’s Purchasing Agent, or designee. The City reserves the right to accept or reject any or all Bids and to waive any informalities and technicalities in the bid process. No additional fees, costs, or any other reimbursable expenses will be allowed.

4. This solicitation does not commit the City to award a contract. The City reserves the right to waive any technicalities or informalities and to accept or reject any and/or all submissions as deemed by its sole judgment to be in its best interest. The City also reserves the right to terminate the selection process without notice, to waive any irregularities in any submittal, and to request additional information from any of the contractors submitting a bid.

5. Any contractor may withdraw their bid only by written request, at any time prior to the scheduled opening of responses. Partial or incomplete Bids may be rejected.

Page 10 of 15 _______ Initials

6. All costs incurred in preparing the bid, or costs incurred in any other manner by the Contractor in responding to this RFB, will be wholly the Contractor's responsibility. All materials and documents submitted by the Contractor in response to this RFB become the property of the City and will not be returned.

7. Any proprietary information contained in the bid should be indicated as follows:

Vendor Disclosure

Notice of SC Freedom of Information Act

“The parties acknowledge that all material submitted may be subject to release under the South Carolina Freedom of Information Act (FOIA) and will be released to the public unless exempt from disclosure under the FOIA.”

We discourage you from including any information you consider propriety or trade secret, as this material is subject to the FOIA once it’s in the City’s possession. If you must include any such information in your submission, please identify it by color, labeling, and/or bold font as “PROPRIETARY INFORMATION” so that it can be readily recognized. In the event the City receives a request for this material, the City will notify those parties who have identified information they believe is proprietary or trade secret of the request. The City has a ten (10) day deadline to respond to the request. This is your window to file an action challenging the release. Please be on notice that if the City is not served with such an action, the information will be released.

8. Bids must be made in the official name of the company or individual under which business is conducted (showing the official business address) and must be signed in ink by a person duly authorized to legally bind the person, partnership, company or corporation submitting the bid. Bids having any erasures or corrections must be initialed in ink by the vendor.

9. Disqualification and Rejection of Bid – The City reserves the right to reject any bid from a contractor who has failed to perform satisfactorily, or complete on time, or in a manner consistent with the RFB documents, contract of similar nature, or to reject the bid from a contractor who is not in a position to perform such a contract satisfactorily. The City expressly reserves the right to award the contract to the Contractor that best meets the requirements as set forth herein.

10. Assignment of Contract – Assignment to the selected Contractor of any contract to be entered into in accordance with this RFB will not be recognized by the City unless such assignment has prior written approval of the City.

11. Insurance Provisions - The selected Contractor will be required to provide and maintain proof of insurance throughout the contract term in the amount of $1,000,000.00 and as required at the point of contract negotiation by the City’s Risk Manager as follows:

• Comprehensive General Liability (per occurrence);

• Comprehensive Auto Liability (per occurrence); and

• Workers’ Compensation Liability

• Automobile Liability

• Builder’s Risk Insurance Not Applicable The City of Georgetown is to be named as “Additional Insured” on the above insurance coverage as respect to the City’s interest under the contract. Certificates showing proof of insurance shall be submitted to the City prior to commencement of services under the agreement. Further, it shall be an affirmative obligation upon the Contractor to advise the

Page 11 of 15 _______ Initials

City’s Risk Management Department within two (2) days of the cancellation herein at one of the following options below:

• Email – skidmorea@georgetownsc.gov

• Fax - 843.527.6173

• Mailing address - PO Box 939, Georgetown, SC 29442 Failure to do so shall be construed to be a breach of the agreement:

12. Indemnification - The selected Contractor agrees to indemnify, defend and hold harmless the City and their authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages, and/or liabilities arising from their acts, errors, or omissions and for any costs or expenses incurred by the City therefore under an agreement.

13. Compliance With Law – The selected Contractor and its agents and employees shall be bound and comply with all federal, state and local laws, ordinance rules and regulations, as well as all other governing bodies having legal jurisdiction with respect to the area where such work is performed.

14. City Business License and Permits - The selected Contractor shall be required to obtain all applicable City permits and business licenses prior to work commencing. Contact the Finance Department at 843.545.4041 for business license information. Contact the Planning & Community Development Department at 843.545.4017 for construction permit information. These expenses shall be included in the total bid cost.

15. Payment terms - A monthly itemized billing statement must be submitted in a form specified by the City for services performed. The City will remit full payment on all undisputed invoices within thirty (30) days from receipt of the invoice by the appropriate person(s) (to be designated at the time of contract).

16. Bid Security or Bid Bond – In an amount equal to or at least five percent (5%) of the amount of the bid shall be required for all competitive bidding for construction contracts exceeding $100,000. Bid security shall be a legitimate bid bond provided by a surety company authorized to do business in South Carolina or the equivalent in cash, certified check, cashiers’ check, or money order. The City, at its option, may require bid bonds on construction contracts under $100,000 when the circumstances warrant. Noncompliance with this provision mandates that the City reject the bid. Bid Security will be returned to the unsuccessful bidders upon contract award by the Purchasing Agent.

17. Payment and Performance (P & P) Bonds - When a construction contract is awarded in excess of one hundred thousand dollars ($100,000) the following bonds or security shall be delivered by the successful bidder to the City and shall become binding on the parties upon execution of the contract. Bid or performance bonds shall not be used in substitution for determination of bidder’s responsibility.

a. A Performance Bond shall be in an amount equal to one hundred percent

(100%) of the contract amount; and

b. A Payment Bond for the protection of all persons supplying labor and material to the contractor or its subcontractors for the performance of the work shall be in an amount equal to one hundred percent (100%) of the contract amount.

Page 12 of 15 _______ Initials

General Contractual Requirements

1. Force Majeure - The Contractor shall not be liable for any excess costs if the failure to perform the contract arises out of causes beyond the control and without the fault or negligence of the Contractor. Such causes may include but are not limited to acts of God or of the public enemy, acts of Governments in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restriction, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

2. Governing Law - Except to the extent that this agreement may be governed by any federal law, including federal bankruptcy law, this agreement shall be governed by, constructed and interpreted under, and enforced exclusively in accordance with the laws of the State of South Carolina, and the courts in the State of South Carolina shall have jurisdiction with respect to any dispute arising hereunder.

3. Contractor Qualifications - Contractor must, upon request of the City, furnish satisfactory evidence of its ability to furnish products and/or services in accordance with the terms and conditions of this RFB. The City reserves the right to make the final determination as to the Contractor’s ability to provide the services herein.

4. Contractor Responsibility – Each Contractor shall fully acquaint him/herself with conditions relating to the scope and restrictions attending the execution of the work under the conditions of this RFB. It is expected that this will sometimes require on-site observation. The failure or omission of the Contractor to acquaint him/herself with existing conditions shall in no way relieve him/her of any obligation with respect to this RFB or to a contract.

5. Affirmative Action - The Contractor will take affirmative action in complying with all federal and state requirements concerning fair employment and employment of the handicapped and concerning the treatment of all employees without regard or discrimination by reason of race, color, religion, sex, national origin or physical handicap.

6. Women and Minority Business Enterprise (WMBE) Statement - It is the policy of the City to provide minorities and women equal opportunity for participating in all aspects of the City’s contracting and procurement programs, including but not limited to employment, construction projects, and lease agreements consistent with the laws of the State of South Carolina. It is the policy of the City to prohibit discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, religion, sex, age, handicap, or veteran status. It is further the policy of the City to conduct its contracting and procurement programs so as to prevent such discrimination and to resolve any and all claims of such discrimination.

7. Termination - Subject to the following provisions, any contract resulting from this request for Proposals may be terminated by the City provided a thirty (30) day advance notice in writing by the City Administrator, or his designee, is given to the Contractor:

7.1 Non-Appropriations - Funds for this contract are payable from local appropriations. If sufficient appropriations are not made to pay the charges under the contract it shall terminate without any obligation to the City.

Page 13 of 15 _______ Initials

7.2. Convenience - In the event that a contract is terminated or canceled upon request and for the convenience of the City without the required thirty (30) day advance written notice, then the City shall negotiate reasonable termination costs, if applicable.

7.3 Cause - Termination by the City for the cause, default, or negligence on part of the Contractor, shall be excluded from the foregoing provisions; termination costs, if any shall not apply. The thirty (30) day advance notice requirement is waived, and the default provision herein shall apply.

7.4 Default – In case of default by the Contractor, the City reserves the right to purchase any and all items/services in default in open market, charging Contractor with any excessive costs. SHOULD SUCH CHARGE BE ASSESSED, NO SUBSEQUENT

PROPOSALS OF THE DEFAULTING CONTRACTOR WILL BE CONSIDERED

UNTIL THE ASSESSED CHARGE HAS BEEN SATISFIED.

8. Prime Contractor Responsibilities - The Contractor will be required to assume sole responsibility for the complete effort as required by this RFB. The City will consider the Contractor to be the sole point of contact with regard to all contractual matters.

9. Subcontracting - If any part of the work covered by this RFB is to be subcontracted, the Contractor shall identify the subcontracting organization and the contractual arrangements made therewith at the time of the offer. All subcontractors must be approved by the City.

The successful Contractor will also furnish the corporate or company name and the names of the officers of any subcontractors engaged by the Contractor.

10. Ownership of Material – All materials and documents submitted by the Contractor in response to this RFB become the property of the City and will not be returned to the Contractor.

11. Compliance with State and Federal Requirements – State and Federal requirements that are more restrictive than these set forth herein shall be followed by the Contractor.

12. Contract Amendments - Amendments to any agreement between the City and the Contractor must be reviewed and approved in writing by the City Administrator or his designee.

13. Assignment - No contract or its provisions may be assigned, sublet, or transferred without the written consent of the City Finance Department.

14. Records Retention and Right to Audit – The City shall have the right to audit the books and records of the Contractor as they pertain to this contract. Such books and records shall be maintained for a period of three (3) years from the date of final payment under contract.

15. The City may conduct performance audits of the Contractor, as determined necessary by the City. Pertaining to all audits, the Contractor shall make available to the City access to its computer files containing the history of the contract performance and all other documents related to the audit. Additionally, any software used by the Contractor shall be made available for auditing purposes at no cost to the City.

16. Independent Contractor Status - The parties hereby agree that the Contractor is an independent contractor of the City and that nothing in an agreement with the City shall be deemed to place the parties in a relationship of employer/employee, partners, or joint ventures. Neither party shall have the right to obligate or bind the other in any manner.

Each party agrees and acknowledges that it will not hold itself out as an authorized agent with the power to bind the other party in any manner. Each party shall only be responsible for any withholding taxes, payroll taxes, disability insurance payments, unemployment

Page 14 of 15 _______ Initials taxes, or other similar taxes or charges with respect to its activities in relation to the performance of its obligations of an agreement.

17. Representations of Contractor - Contractor represents, warrants, and covenants that:

(a) In providing the services contractor shall utilize the care and skill used by members of the Contractor’s profession practicing under similar circumstances at the same time and in the same locality.

(b) All employees provided by the Contractor to the City shall have the qualifications, skills, and experience necessary to perform his/her job in accordance with the requirements of the agreement. The City may request the removal of any employee for a good cause.

(c) Contractor is a business validly existing and in good standing under the laws of the State of South Carolina.

18. Indemnity Provisions - Contractor agrees to and shall indemnify and hold the City harmless from and against all liability, loss, damages or injury, and all costs and expenses (Including attorney fees and costs of any suit related thereto) suffered or incurred by the City, arising from or related to the terms of this project, or Contractor’s performance thereunder.

19. Time for Completion and Liquidated Damages. It is hereby understood and mutually agreed by and between the Contractor and the Owner that the date of beginning and the time for completion as specified in the contract of the work to be done hereunder are essential conditions of this contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the Notice to Proceed.

19.1 Regular Prosecution of Work. The Contractor agrees that said work shall be prosecuted regularly, diligently and uninterruptedly at such rate of progress as will ensure 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 completion of the work described herein is a reasonable time for completion of same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

19.2 Liquidated Damages. If the Contractor shall neglect, fail, or refuse to complete the work within the time herein specified, or any proper extensions thereof granted by the Owner, then the Contractor does hereby agree, as a part consideration for the awarding of this contract, to pay to 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 the 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 impracticality 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.

19.3 Extensions of Time for Completion. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contractor an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract. Provided, that the Contractor shall not be charged with

Page 15 of 15 _______ Initials liquidated damages or any excess cost when the delay in completion of the work is due:

(a) To any preference, priority or allocation order duly issued by the

Government.

(b) To unforeseeable cause beyond the control and without the fault or negligence of the Contractor including, but not restricted to, acts of the public enemy, acts of the Owner, acts of another contractor in the performance of a contract with the Owner; fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, hurricanes, tornadoes;

and

(c) To any delays of subcontractors or suppliers occasioned by any of the causes specified in subsections (a) and (b) of this article.

Provided, further that the Contractor shall, within seven (7) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner in writing of the causes of delay, who shall ascertain the facts and extent of delay and notify the Contractor within a reasonable time of its decision in the matter, and grant such extension of time as the Owner shall deem suitable and just.

Normal weather conditions for the project area are taken into consideration in the time for completion of the contract; therefore, no extension of time will be extended for normal weather conditions, except for hurricanes and tornadoes.

Exhibits Available

Exhibit A- Bid Form

Exhibit B- Mandatory Local Vendor Submittal Form

Exhibit C- Technical Specifications & Permits

Exhibit D- Plans

Exhibit E- Contract Sample

Exhibit F- C-SWPPP