2026_FrontEndAgreementGeneralConditions_ParkingDeck.pdf

SOLICITATION & SAMPLE CONTRACT DOCUMENTS

FOR

WHITE STREET PARKING DECK

John Gettys, Mayor

Members of Council

John Black III

Derrick Lindsay

Nikita Jackson

Kevin Sutton

Sarah Vining

Anne Harty

City Manager

David B. Vehaun

City of Rock Hill

General Services Department/Project Management

757 South Anderson Road

Rock Hill, South Carolina

SECTION 00001

PROJECT DIRECTORY – CONTACT INFORMATION

PROJECT NAME

City of Rock Hill, South Carolina

White Street Parking Deck

OWNER

c/o General Services Department/Project Management

P. O. Box 11706

757 South Anderson Road (29730)

Rock Hill, South Carolina 29731-1706

ENGINEER

Kimley-Horn & Associates, Inc.

802 Gervais Street, Suite 201

Columbia, SC 29201

803-881-1229

Zachary.Jones@kimley-horn.com

END OF SECTION

SECTION 00002

TABLE OF CONTENTS

Section Title Pages

00000 Cover Sheet 1-1

00001 Project Directory 1-1

00002 Table of Contents 1-2

PRE-BID INFORMATION

00020 Invitation to Bid 1-2

BID INFORMATION

00100 Instructions to Bidders 1-13

00120 Local Purchasing Policy 1-1

00300 Bid Form 1-7

00350 Project Provisions for Media Management 1-2

00360 Project Provisions for Underground Storage Tank Removal 1-1

00410 Bid Bond 1-2

00420 Non-Collusion Affidavit of Prime Bidder 1-1

00450 Proof of Competency of Bidder 1-2

00460 Change Order Policy Form 1-1

00480 Customer Service 1-1

00490 I-312 Tax Form 1-2

CONTRACT INFORMATION

00500 Owner Contractor Agreement 1-6

00510 General Conditions of Contract 1-38

00610 Payment Bond 1-1

00620 Performance Bond 1-1

00650 Insurance Requirements 1-12

00670 Affidavit of Prime Contractor 1-1

00680 Release and Waiver 1-1

00690 General Warranty 1-1

00800 Climatological Summary 1-1

00940 Supplementary Conditions 1-2

00950 Purchasing Information and Forms 1-1

00960 Certificate of Substantial Completion 1-2

00970 Final Certificate of Payment 1-1

MATERIAL AND PERFORMANCE SPECIFICATIONS

SCHEDULE OF DRAWINGS

SECTION 00020

INVITATION TO BID

The City of Rock Hill, South Carolina is seeking competitive bids from qualified contractors for the WHITE STREET PARKING DECK project until Wednesday, September 2, 2026 @

10:00 a.m. Submissions shall be uploaded online prior to the deadline and only via the City of

Rock Hill Procurement Division eProcurement Portal.

The bid opening will begin promptly at the time stated above. The bids must be submitted via the

City’s eProcurement Portal up to, but not later than the published date and time. It is the bidder’s sole responsibility to ensure that the bid is submitted on time. No bids will be accepted after the bid opening begins.

Bid documents are held by:

• Kimley-Horn, 802 Gervais Street, Suite 201, Columbia, SC 29201, Attn: Zachary Jones, PE, Project Manager; Phone: 803-881-1229; Email: Zachary.Jones@kimley-horn.com

Bid documents and plans may be obtained by emailing: zachary.jones@kimley-horn.com. Any

Contractor bidding on the project must obtain Contract Documents from the Engineers at the above email address or digital link above. A list of plan holders is available from the Engineer.

In no event will plans, specifications, and other contract documents be issued later than three (3) days prior to the hour and date set for receiving bids. All bids shall be submitted as set forth in the Instructions to Bidders.

Each bid must be accompanied by a Bid Guaranty of not less than five percent (5%) of the amount of the bid, in the manner required by the Instructions to Bidders.

A non-mandatory Pre-Bid Conference will be held in advance of the Bid Opening. The

Conference is to be held Thursday, August 13, 2026 @ 2:00 p.m., in the Main Building Room

132, at the Operations Center, 757 South Anderson Road, Rock Hill, South Carolina 29730.

There will be an optional visit to the site of this project afterwards.

The work consists of furnishing all materials and equipment and performing all labor necessary for constructing a new parking deck for the City of Rock Hill as detailed in the drawings and specifications for the WHITE STREET PARKING DECK project.

Each bidder will be required to submit evidence with his/her bid that they have sufficient means and experience in the types of work described in the Contract Documents. This evidence shall be in the form of AIA document A305 and the other items addressed in the Instructions to

Bidders.

https://procurement.opengov.com/portal/cityofrockhill file:///C:/Users/sarah.kesler/AppData/Local/Microsoft/Olk/Attachments/ooa-b99deaa9-3898-4b4f-8fbc-1233abc85b2e/86c19cc6d375bc88bc9a4b9b490c648ab31d625e72493a2ba9fef2888ade3116/zachary.jones@kimley-horn.com

The Bidder states that he understands that the work of the Base Bid must be substantially completed within 330 consecutive calendar days following the Notice to Proceed. Final completion of the work of the Base Bid must be completed within 30 consecutive calendar days of substantial completion.

The Bidder understands that liquidated damages in the amount of Five Hundred Dollars

($500.00) shall be assessed for each consecutive calendar day for unauthorized delays beyond the contract date for failure to achieve Substantial Completion; Five Hundred Dollars ($500.00) for each consecutive calendar day for unauthorized delays for failure to achieve final completion by the contract time; and Two Hundred Dollars ($200.00) per day for failure to clean up the construction site. The liquidated damages are not a penalty but are for damages resulting to City since the actual damages would be difficult or impossible to ascertain. Time is of the essence.

No submitted bid may be withdrawn for a period of sixty (60) days after the scheduled closing time for the receipt of bids.

All bidders must comply with all state and local laws, and ordinances regarding fees, licensing, and bidding requirements.

The City of Rock Hill reserves the right to reject any or all bids, waive informalities and irregularities, or re-advertise for bids.

SECTION 00100

INSTRUCTIONS TO BIDDERS

1. Bidding Documents: Bidding documents will be issued by the City of Rock Hill, South

Carolina (the City) as outlined in the “Invitation for Bids.”

2. Work to be Done: The complete project to be performed (the Work) consists of furnishing all materials and equipment and providing all labor necessary for constructing the Work as set forth in the Project Manual, technical specifications (the Specifications), and Drawings.

3. Materials and Work by the City: The City will furnish no materials and provide no labor for the construction of the Work under the contract for the Work (the Final Contract), except as specifically stated in the Specifications or as detailed on the Drawings.

(a) Items that are not furnished by the winning bidder (the Contractor) under the

Final Contract, but are removed as part of the Work, shall be legally disposed of or offered to the City, as indicated.

(b) Removed items offered to, and accepted by, the City shall be delivered to its designated on-site location in as good condition as removal allows.

(c) Other removed items shall be legally disposed of by the Contractor in a legal manner at no increase in cost to the amount agreed to in the Final Contract.

4. City Furnished Equipment: The City will not supply any equipment for the Work, except as specifically stated in the Specifications or as detailed on the Drawings.

5. Complete Work Required: The Specifications, the Drawings, and all other supplemental documents (collectively, the Contract Documents) are essential parts of the Final

Contract, and requirements occurring in one are as binding as though occurring in all.

They are intended to be complementary and to describe and provide for the Work. It shall be the responsibility of the bidder to call to the attention of the engineer on the project (the Engineer) those obvious omissions having a magnitude that would affect the strength, adequacy, function, completeness, and cost of any part of the Work in ample time for amendment by addendum prior to the bid opening date.

6. Proof of Competency of Bidder: Each bidder will be required to submit evidence satisfactory to the City that it and its proposed subcontractors have sufficient means and experience in the types of work described in the Contract Documents to assure completion of the Work in a satisfactory manner. This evidence shall be the Contractor’s

Qualification Statement in the form of AIA document A305.

Copies of AIA document A305 may be purchased from the American Institute of

Architects, 1735 New York Avenue N.W., Washington, DC 20006; from local AIA offices; or online at www.aia.org. A list of contact information for local offices can also be found at the site. If the City is in doubt as to the qualifications or competency of the bidder, it reserves the right to request further supporting information prior to the award of the Final Contract. This requirement may be waived by the City as deemed appropriate.

7. Examination of Drawings, Specifications, and Site of Work: Before submitting a bid on the Work (a Bid), each bidder shall carefully examine the Drawings, read the

Specifications and all other Contract Documents, and visit the site of the Work. Each bidder shall fully inform itself prior to bidding as to all existing conditions and limitations under which the Work is to be performed, and it shall include in its Bid a sum to cover the cost of all items necessary to perform the Work as set forth in the Contract

Documents. No allowance will be made to any bidder because of lack of such examination or knowledge. The submission of a Bid shall be construed as conclusive evidence that the bidder has made such examination.

8. Interpretation of Drawings and Specifications: If a bidder contemplating submitting a

Bid is in doubt as to the true meaning of any part of the Drawings, Specifications, or other Contract Documents, or as to the scope of any part of the Work, it shall submit to the City a request for an interpretation thereof. All requests can be sent via the City’s eProcurement Portal. The one submitting the request will be responsible for its prompt delivery in ample time for an interpretation to be issued before the bid opening date.

Requests will be answered promptly and up to 72 hours before bid opening time.

Interpretations of the Contract Documents will be made only by addendum, and a copy of that addendum will be available via the City’s eProcurement Portal. No oral interpretations will be made to any bidder as to the meaning or intent of the Contract

Documents or be effective to modify any of his/her provisions. The City will not be responsible for any other explanations or interpretation of the Contract Documents.

9. Bid Security and Bonds: Each Bid must be accompanied by a “Bid Guaranty” of not less than five percent (5%) of the amount of the Bid, up to a maximum amount of $25,000, to guarantee that the successful bidder will, within ten (10) days from the date of the notice of award of the Final Contract, enter into a contract with the City, and execute to the City bonds as required. The Bid Guaranty shall be in the form of either a certified check* or a

“Bid Bond.” The surety company on a Bid Bond shall be authorized to do business in

South Carolina. An attorney-in-fact who signs a Bid Bond must file with each a certified and effectively dated copy of his/her power of attorney. Bid Bonds and surety thereon shall be subject to approval by the attorney for the City.

*Note: If a certified check is used for the Bid Guaranty, please deliver it to the

Procurement Office, located at the City Operations Center, 757 S. Anderson Rd. Building

103, Rock Hill, SC 29730 by the bid due date and time.

For any reason whatever, if a bidder (i) withdraws its Bid after the bids have been opened or, (ii) after acceptance of its Bid, refuses to execute the Final Contract and bonds, then in such case the City may retain the amount of the certified check or proceeds on the Bid

Bond.

The City, at its sole discretion, reserves the right to waive the performance and payment bond requirement after the contract award and, if waived, the contract price shall be reduced by the amount of the costs related to provide such payment and performance bond that are included in the Bid amount, provided that the Contractor is willing to waive the charged bond fees from the contract price.

10. Return of Bid Security: The City will, within twenty (20) days following execution of the Final Contract or rejection of all bids, return the certified checks of all non-defaulting bidders. Bid Bonds will not be returned unless requested.

11. Submission: The City assumes no responsibility for late bids. No bid may be withdrawn for a period of sixty (60) calendar days after the date set for the opening thereof unless approved in writing by the Procurement Manager. All bids must be approved by the Rock

Hill City Manager and the department(s) in charge of the project. Should the bids be higher than the amount allocated by the City for this project, the City reserves the right to negotiate in good faith with the low Bidder. Failing an agreement, the City may reject all bids and resubmit for new bids or make any other decisions it deems to be in its own best interest.

The e-Procurement Portal uses an 'electronic lock box' system to receive and protect all

Company responses. Only the Company can see that they have submitted a response and the information contained in that response. The Company may withdraw their submission and resubmit anytime until the due date and time. Once the submission phase has ended, the City can view the submissions and begin the evaluation of all received.

12. Bid Form: Bids shall be made upon the forms provided, properly executed in accordance with the bidder's form of business organization and with all items filled out. Do not change the wording of the bid form and do not add words to the wording of the bid form.

Unauthorized conditions, limitations, or provisions attached to the Bid may be cause for its rejection. Alterations by erasure or interlineation must be explained or noted in the

Bid over the signature of the bidder. The bidders agree that bids submitted on the bid form detached from the Specifications will be considered and will have the same force and effect as if attached thereto.

13. Proprietary and/or Confidential Information: Each Bid is a public document under the

Freedom of Information Act (FOIA), South Carolina Code of Laws Sections 30-4-10 through 30-4-165 (as amended), except as to the information that may be treated as confidential as an exception to disclosure under the FOIA. If you cannot agree to this standard, please do not submit a Bid. All information that is to be treated as confidential and/or proprietary must CLEARLY be identified, and each page containing confidential and/or proprietary information, in whole or in part, must be stamped and/or denoted as

CONFIDENTIAL, in bold, in a font of at least 14-point type, in the upper right-hand corner of the page. All information not so noted and identified shall be subject to disclosure by the City.

14. Withdrawal of Bids:

(a) Any bidder may withdraw its bid, either in person or by written request, at any time prior to the scheduled time for opening of bids.

(b) No bidder may withdraw its bid for a period of sixty (60) days after the date set for the opening thereof, and all bids shall be subject to acceptance by the City during this period.

15. Bid Calculation:

(a) Unit Price Item: The itemized quantities provided in the “Winning Bid” for unit price work (the Unit Price Items) shall be binding upon the Contractor as the quantities required to complete the Work. In submitting a Bid, the bidder acknowledges and agrees that the quantities shown for the Unit Price Items are subject to either increase or decrease, and:

(i) should the quantity of any Unit Price Item be increased, the bidder will fulfill the Final Contract requirement at the unit price stated in its Bid;

(ii) should the quantity of any Unit Price Item be decreased, payment for such item will be made on the basis of the actual unit price bid, and there will be no adjustment for lost costs or anticipated profits;

(iii) actual quantities of Unit Price Items will be determined upon completion of the Work, at which time adjustment will be made to the Final Contract amount by direct increase or decrease.

The Contractor shall submit copies of any invoices from the firm or company providing Unit Price Items on its behalf with each periodic payment request.

Should the actual quantities of any Unit Price Item(s) required in the performance of the Work be greater than or less than the quantities shown in the Winning Bid, the Contract will be adjusted accordingly by change order.

(b) Lump Sum Prices: Where itemized prices are not provided in the Winning Bid, the Contractor shall consider the lump sum prices bid for the work shown on the

Drawings and/or specified to be sufficient for payment under the Contract.

(c) Base Bid Materials and Equipment: The bid form may contain materials and or equipment with a named manufacturer(s). The bidder shall provide a price for the named manufacturer’s(s’) materials and or equipment. Failure to do so may result in the bidder being deemed nonresponsive and thus its bid may be rejected.

Where so indicated, the bidder may also write in other manufacturers’ names and their respective prices. The Engineer and/or City shall determine the acceptability of such write-in manufacturer(s), and this decision shall be final. If a write-in is included in the Winning Bid, the Final Contract amount will be adjusted via change order. The “Base Bid” shall be determined by using the lowest price of the named manufacturer(s).

(d) Bid Alternate: An “Alternate” is a dollar amount to be added to or subtracted from the bid for a variation in the item being bid upon. Alternate bids may be either “add alternate bids” or “deduct alternate bids.” Bid alternates are specific components of a construction project that are not included in the base price of a bid or proposal.

(e) Total Base Amount Bid: The correct total amount bid is defined as the correct sum total of the amount bid for the items in the Bid. The correct amount bid for each Unit Price Item is defined as the product of the quantity listed in the Bid for the item, multiplied by the unit price bid. In the event of errors in the extension of the unit prices, the correctly extended price shall apply. The “Total Base Bid” shall be determined by using the prices of the named manufacturers.

16. Extra Work Items in the Bid: The bid form may contain certain Unit Price Items entitled

“Extra Work, If Ordered by the Engineer.” For each such item, the estimated quantity is based on the average amount of extra work encountered in a typical job. The stated quantities are not guaranteed, but are included in the bid form in order to determine, in advance of construction, the actual low bidder. No work included in such items will be authorized for payment without advance authorization by the Engineer.

17. Determination of Low Bid: The Final Contract will be awarded, if it is awarded, to the responsible and responsive bidder or bidders submitting the lowest Total Base Bid.

Submission of the lowest Total Base Bid does not guarantee an award of the Work to such bidder. The City will decide, in its sole discretion, who is the lowest responsible and responsive bidder (the Winning Bidder).

(a) In making its determination on responsibility, the City will consider whether the bidder:

(i) maintains a permanent place of business;

(ii) has adequate plant equipment to do the Work properly and expeditiously;

(iii) has a suitable financial status to meet obligations incident to the Work;

and

(iv) has appropriate technical experience on projects of similar scope and types of work and experienced, qualified personnel.

(b) In determining the responsiveness of a bidder, the City will consider the following elements:

(i) the completeness and regularity of its Bid Form

(ii) excisions or special conditions;

(iii) if its Bid contains no alternative bids for any items unless requested in the

Specifications; and

(iv) whether the bid is “balanced.” For a bid to be balanced, each of its unit prices and the total amount bid for each listed item reasonably reflect the value of that item with regard to the entire job considering the prevailing cost of labor, material, and equipment in the relevant market. A bid is unbalanced when, in the opinion of the City, any unit prices or total amounts bid on any listed item do not reasonably reflect such values.

The Winning Bidder will be determined by the City and may include a combination of, or none of, the additions, deductions, or any alternates in addition to the Base Bid.

18. Virtual Bid Opening is Public: After the bid submission deadline, bids are unsealed and made public via the City’s eProcurement Portal online. To access the information, visit the portal, click on the project, and click the Results tab.

19. Award of Contract: It is the City's intention to award the Final Contract to the Contractor submitting the lowest bid for completion of the Work; however, this solicitation does not commit the City to award a contract; to pay any costs incurred in the preparation of a bid;

or to procure or contract for the listed goods or services. The City reserves the right to reject any or all bids, to accept any bid submitted, to waive any informality, and to negotiate with the low bidder or bidders on any changes which the City considers necessary or desirable for its own interests.

20. Liquidated Damages: The Contractor shall pay to the City as liquidated damages the amount of $500.00 for each calendar day that the Contractor shall be in “Default” under the Final Contract, including not completing the Work within the time provided. These liquidated damages are not a penalty but are for damages resulting to the City since the actual damages suffered by the City would be difficult or impossible to ascertain. Time is of the essence in the performance of the Work.

21. Laws, Regulations, Permits, Taxes: The Contractor shall comply with all applicable laws, ordinances, and rules and regulations of all authorities having jurisdiction over the performance of the Work specified herein. Permits and licenses necessary for performance of the Work shall be secured and paid for by the Contractor. Water and sewer tap and impact fees, if required, will be paid by the City. The City’s requirements for licenses, permits and procurement, and other regulatory matters are fully applicable to the Final Contract. The Contractor shall allow in its Bid for payment of all applicable county, state, and federal sales and use taxes.

It is possible that not all permits will be obtained prior to the beginning of construction, in which event, the Contractor shall begin its work and organize its construction schedule accordingly.

No bid will be considered unless the bidder is legally qualified under the provisions of the South Carolina Code of Laws Sections 4-11-5 through 4-11-570 governing licensed contractors, as such statutes may be amended.

22. City Business License: The Winning Bidder and all subcontractors, prior to execution of the Final Contract, must possess or obtain a City of Rock Hill Business License. Such license must be maintained throughout the duration of the Work. If the Contractor is not currently doing other business inside the City limits, the fee for such license is based on the amount of the Final Contract. If the Winning Bidder is currently doing other business within the Rock Hill City limits and does not possess a business license, then the fee for the license is based on the total gross receipts from customers within the City limits.

Bidders and subcontractors may contact the City Business License Office at 803-329-

5590 to determine the exact amount of the fee or to ask other pertinent questions regarding doing business in the City of Rock Hill.

23. Land and Rights-of-Way: The City will furnish all land and rights-of-way necessary for the carrying out and completion of the Work and will use due diligence in acquiring said land and rights-of-way as speedily as possible. It is possible, however, that all required lands and rights-of-way might not be obtained in a timely manner, in which case the

Contractor shall begin its work upon such land and rights-of-way as the City may have previously acquired. The Contractor shall take every precaution to inconvenience as little as possible the owners, tenants, or other occupants of adjacent property. Public highways shall not be obstructed in such a way as to cut off traffic without approval from the City of Rock Hill and the South Carolina Department of Transportation, if applicable. The

Contractor shall, at its own expense, repair any damage or injury it may cause to either private or public property during progress of the Work.

24. Insurance and Bond Requirements: The Winning Bidder should forward the packet of insurance requirements, indemnification (hold-harmless) clause, and bond requirements to its agent(s) or broker(s) as soon as possible. The time of completion for the Work will not be extended due to delays by the Contractor in the execution and delivery of the required bonds, insurance certificates, affidavits, or other documents. Professional

Liability Insurance will not be required for this project.

25. Indemnity: Contractor shall indemnify and hold harmless the City from and against all liability, loss, damages, or injury, and all costs and expenses (including attorneys’ fees and costs of any suit related thereto), suffered or incurred by the City, to the extent arising from Contractor’s or its subcontractors’ (i) negligent performance of the Work under the Final Contract; (ii) intentional misconduct, negligent acts, or omissions during performance of the Work; and (iii) breach of any term, covenant, representation, or warranty of the Final Contract.

26. Time for Beginning the Work: The Contractor shall commence the Work within ten (10) calendar days after the date specified in the “Notice to Proceed.”

27. Tax Withholding Requirements for Non-Resident Contractors: The South Carolina Code of Laws Section 12-8-550 (as amended) requires that anyone hiring or contracting with a nonresident conducting business or performing services of a temporary nature within the

State must withhold two (2) percent of each payment where the contract exceeds

$10,000. However, this section does not apply:

(a) to payments on purchase orders for tangible personal property when those payments are not accompanied by services to be performed; or

(b) to a nonresident who provides proof of having registered with the Secretary of

State or the Department of Revenue (DOR), such registration evidencing its agreement to be subject to the jurisdiction of the DOR and the courts of the State to determine its South Carolina tax liability. (Such registration is not deemed an admission of tax liability nor does it require the filing of an income tax or franchise [license tax return.)

If the entity having a contract with a nonresident obtains an affidavit from DOR stating that the nonresident is registered with DOR or with the Secretary of State, then the entity is not responsible for withholding.

The business tax application can be found online. The Winning Bidder, if a nonresident, must submit Form I-312, which can be found online and in Section 00490 of the bid packet. Failure of a nonresident to complete these forms will require the City to withhold

2% of all requested payments.

28. Overtime City Staff: If Contractor requests or if City Staff is required to work after normal scheduled hours (Monday-Friday, 7 a.m. to 7 p.m.), Contractor shall reimburse the City at a rate of $75.00 per hour per employee, with a two-hour minimum per employee. Payment reimbursements will be deducted from Contractor’s monthly pay application.

29. Sanitary Facilities: Necessary sanitary facilities for the use of personnel on the Work shall be erected and maintained by the Contractor in such manner and at such points as shall be approved by the Engineer. Facilities shall be maintained in a sanitary condition and in strict accordance with local regulations. No unsanitary act shall be committed outside sanitary facilities.

30. Storage Facilities: Should the Contractor so desire, it may build storage facilities for housing tools, machinery, and supplies. Those facilities will be permitted only at approved places. Their surroundings shall be maintained at all times in a sanitary and satisfactory manner. On or before completion of the Work, those facilities shall be removed at the expense of the Contractor.

31. Water Supply: The Contractor is responsible for obtaining the City’s Fire Hydrant

Permit before accessing a water supply. The location, size, and details for obtaining water shall be approved by the City. All water supplies for construction require the installation of a double check backflow preventer to be provided by the Contractor and approved by the state Department of Environmental Services (DES). The volume of water available may be limited and has not been confirmed. If sufficient water is not available, a location will be designated from which the Contractor may obtain water for hauling to the site. All costs associated, including permitting, water usage, and potential hauling, will be the responsibility of the Contractor.

32. Stormwater Management: With respect to the City’s Municipal Separate Storm Sewer

System (MS4) stormwater control measures, good housekeeping/best management practices, and facility-specific storm water management programs as applicable to the

Work, the Contractor represents and warrants that it (i) has been provided all information and/or access to all information relating thereto; and (ii) has submitted its Bid with full knowledge and understanding of the same.

The Contractor further agrees to perform such additional actions as may be necessary or proper for compliance under the National Pollutant Discharge Elimination System

(NPDES) Program and any federal or state laws relating thereto.

33. Electric Power: The Contractor shall make its own arrangements for electrical power supply for its construction operations.

34. Access Roads: Streets, roads, and drives used by the Contractor for access to and from the Work site shall be protected from damage in excess of that caused by the normal traffic of vehicles used for, or in connection with, construction work. Project related damages shall be repaired immediately. All roads and streets shall be kept clean of mud from construction activities.

35. Order of Work: The prosecution, order, and sequence of the Work shall be as provided in this Section or as approved by the Engineer, but that approval shall in no way affect the responsibility of the Contractor or the Contractor’s means and methods.

The City wishes to proceed with construction as soon as practical. The following dates are provided for planning purposes to assist the Contractor in developing a schedule for the Work.

(a) The City intends to award the contract for the Work no later than August 28, 2026 and will issue a written order (the Notice to Proceed) specifying the date on which the Contractor shall commence the Work (the Start Date).

(b) Within ten (10) days of the date of the Notice to Proceed, the Contractor shall submit a construction schedule to govern the completion of the Work which shall indicate the sequences of operations and dates for all major stages of the Work, including listed milestones. The City and the Engineer shall review the schedule.

If they require changes to the schedule, the Contractor shall make them and submit a revised schedule to the City within seven (7) days of receiving the comments. The Contractor shall thereafter so regulate its operation, working shifts, and workforces to complete the Work in accordance with the approved schedule to achieve the “Substantial Completion Date.” The Contractor shall also submit a draw schedule, and that schedule shall be approved by the City and

Contractor prior to the issuance of the first pay request.

(c) Within two (2) weeks of the date of the Notice to Proceed, the Contractor shall provide all shop drawings to the Engineer for review. This will allow time for the

Engineer to review the submittals and for the Contractor to process the shop drawings and receive delivery of the materials in order to begin construction.

36. Protective Works: The Contractor shall furnish and install all necessary temporary works for the protection of the Work including lights at night, barricades, and warning signs.

37. Allowable Time for Completion: The time allowed for completion of the Work as stated in the Bid and Construction Agreement shall be as follows in consecutive calendar days after the Start Date:

_____[330] Consecutive calendar days to Substantial Completion

_____[30] Consecutive calendar days to final completion following Substantial Completion

“Substantial Completion” is the point at which, as certified in writing by the Contractor, and determined by the Architect/Engineer the Work is at the level of completion, in strict compliance with the Final Contract, where:

(a) necessary approval by public regulatory authorities has been given;

(b) the City has received all required warranties and documentation; and

(c) the City may enjoy beneficial use or occupancy and may use, operate, and maintain the Work in all respects, for its intended purpose.

38. Cash Allowances: The Contractor shall include in the “Contract Sum” all allowances stated in the “Bid Form” section of the Contract Documents (the Outside Allowances).

The Outside Allowances are for items outside of the scope of the Work as detailed in the

Contract Documents. The Outside Allowances are intended to cover the net costs of services and/or equipment provided by a firm or company selected by the City. The

Contractor’s handling costs, labor, overhead, profit, and other expenses contemplated for the original allowance shall be included in the Contract Sum and not in the Outside

Allowance.

The Contractor shall submit copies of any invoices from a firm or company providing an

Outside Allowance with each periodic payment request. Should the net cost be more or less than the specified amount of the Outside Allowance, the Final Contract will be adjusted accordingly by change order. The amount of the change order will not incorporate any changes in handling costs at the site, or of labor, overhead, profit, or other expense(s) caused by such adjustment.

39. Excluded Bidders: Bids from vendors/contractors with prior poor performance, quality issues, contact conformance, payment history, timeline compliance, or any other reason the City deems POOR PERFORMANCE will not be considered. Excluded vendors/ contractors can resubmit complete company information with references for City review after a minimum of one (1) year from the last excluded bid. The City will contact the submitting vendor/contractor with its decision within thirty (30) days of company information submittal. The City reserves the right to include or exclude said vendor/ contractor based on its findings.

40. Selection of Governing Laws and Policies. The following are a selection of federal, state, and local laws or policies that govern or influence the assessment of bids and by which the bidders will be bound.

(a) The Iran Divestment Act of 2014, as amended: By signing its Bid, the bidder certifies that it:

(i) is not identified on the list of persons determined by the Executive

Director of the State Fiscal Accountability Authority to engage in investment activities in the country of Iran as described in South Carolina

Code of Laws Section 11-57-310 (as amended), or any other list of prohibited investments created by the State legislature;

(ii) will not take any action causing it to appear on any such list during the term of the Final Contract; and

(iii) will not utilize any subcontractor that is identified on any such list to provide goods or services thereunder.

(b) Buy American Clause: The Contractor is encouraged, to the greatest extent practical, to purchase American-made equipment and products in performing the

Work.

(c) Local Providers: Bidders should keep in mind the City’s goal of supporting local businesses and supply houses for materials and labor whenever practicable, so long as pricing and other contract conditions are not adversely affected.

Accordingly, the City shall not discriminate and shall prohibit discrimination in its selection and retention of contractors, subcontractors, and suppliers, against any person or business on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, marital status, status as a parent, age, disability, genetic information, or military status. The City recognizes that disparate treatment on any such basis in the pursuit of economic opportunities is intolerable discrimination.

(d) Illegal Immigration Reform Act: The bidder certifies that it will comply with

South Carolina Code of Laws Sections 8-14-10 through 8-4-90 (as amended) titled, “Unauthorized Aliens and Public Employment,” and agrees to provide to the City any documentation required to establish, as applicable, (i) the inapplicability of such laws to the bidder, its subcontractor(s) and its sub-subcontractor(s); and (ii) the compliance with these laws by the bidder, its subcontractors, and its sub-subcontractors (if any).

41. Bid Checklist: The following Bid checklist is provided for the convenience of the bidder.

CITY OF ROCK HILL PROJECT

Agency's Request - City of Rock Hill Bid Submittal Checklist

To ensure the completeness of your bid package, please use this checklist to verify the following procedures are followed and the necessary information is uploaded as part of the bid package:

1. Contractors are expected to examine the site of the proposed work and the Project

Manual before submitting a bid. By its submission of a bid, the Contractor is certifying that it has made such examination and is satisfied as to the conditions to be encountered in performing the work in accordance with the requirements of the contract documents.

2. Submittals shall consist of the following applicable items assembled as follows and, in the order, listed. A bid will not be considered if documents are not filled out completely.

• Bid Form (00300) ____

• Sub-Contractor and Quality Control Testing Firm Sheet (00100)

[attached] ____

• Bid Bond and related documentation for the Bid Bond (00410) ____

• Non-Collusion Affidavit of the Prime Bidder (00420) ____

• Proof of Competency (00450) ____

• Contractor Change Order Policy (00460) ____

• Customer Service (00480) ____

• I-312 Tax Withholding Form, if Non-Resident Contractor (00490) ____

• SC Contractor’s License ____

3. All items must be submitted via the eProcurement Portal before the submittal deadline cited within the bid manual. Contractor must have attended and signed in at Pre-Bid meeting (if mandatory), and bids must be received prior to the specified date and time.

Late bids will not be opened.

Signature of Bidder:

Company: ________________________________________________

Name (print):______________________________________________

Name (signature):___________________________________________

Phone Number: ____________________________________________

Email: __________________________________________________

SECTION 00100

SUB-CONTRACTOR(S) AND QUALITY CONTROL TESTING FIRM(S)

(This is a mandatory form to be completed by the bidder)

Notes:

• Complete address means mailing and delivery information.

• Trade and specialties may be listed the same as on the schedule of values or may be given in more, but not less, detail.

• This form must be complete and turned in with the bid.

I. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

Contact Numbers:_________________________(phone) _______________________(fax)

Principal:____________________________________ SC License:__________________

II. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

III. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

IV. Trade or Specialty:_________________________________________________________

Complete Address:_________________________________________________________

V. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

VI. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

VII. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

VIII. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_________________________________ Complete

Address:_________________________________________________________

IX. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

X. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

XI. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

Principal:_______________________________ _____ SC License:__________________

XII. Trade or Specialty:_________________________________________________________

Complete Address:_________________________________________________________

XIII. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

XIV. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

XV. Trade or Specialty:_________________________________________________________

Proposed Subcontractor:_____________________________________________________

Complete Address:_________________________________________________________

SECTION 00300

BID

To: City of Rock Hill, South Carolina, General Services Department / Project Management

P.O. Box 11706, 757 South Anderson Road, Rock Hill, South Carolina 29730

To Whom it May Concern:

The undersigned, having familiarized (himself) (themselves) (herself) with the existing conditions on the Project Area affecting the cost of the work and with the Contract Documents, which include an Invitation for Bids, Instructions to Bidders, the Form of Bid, the Form of Bid

Bond, the Form of Contract (or Agreement), Form of Non-Collusion Affidavit, Addenda (if any), General Conditions, Supplementary Conditions, City of Rock Hill Procurement Policies and

Procedures, Technical Specifications, Construction Drawings , and Form of Surety Bond or

Bonds as prepared by the City of Rock Hill, South Carolina and on file in the office of the City

Engineer, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete:

CITY OF ROCK HILL, SOUTH CAROLINA

WHITE STREET PARKING DECK

TOTAL BASE BID

Dollars ($ )

White Street Parking Deck 00300 - BID FORM August 2026

DESCRIPTION UNITS

TOTAL

QUANTITY

UNIT PRICE TOTAL PRICE

General Conditions LS 1

Mobilization LS 1

Demolition LS 1

Removal of Utility LS 1

Pavement & Hardscape LS 1

Temporary Traffic Control LS 1

Striping LS 1

Pedestrian/Site Furnishing LS 1

Grading LS 1

Analytical Testing of Soils Allowance LS 1 $20,000.00 $20,000.00 Import of Clean Fill Material for Landscaped Areas (refer to Section 00350 - Project Provisions for Media Management)

CY 650

Disposal of Contaminated Soil Material (refer to Section 00350 - Project Provisions for Media Management)

CY 50

Disposal of Underground Storage Tank (UST) (refer to Section 00360 - Project Provisions for Underground Storage Tank Removal)

EA 1

Drainage Utility Systems LS 1

Sanitary Sewer Utility Systems LS 1

Water Utility Systems LS 1

Electrical Utility Systems LS 1

Erosion & Sediment Control LS 1

Landscape LS 1

Construction Stakes, Lines & Grades LS 1

Traffic Control LS 1

Cast-in-Place Concrete LS 1

Precast Concrete Products LS 1

Masonry LS 1

Structural Steel LS 1

Waterproofing Systems (Damproofing, Traffic Coatings, Penetrating Sealers, Joint Sealants, Expansion Joints)

LS 1

Doors and Frames LS 1

Aluminum Storefronts LS 1

Aluminum Canopies/Awnings LS 1

Louvers LS 1

Finishes LS 1

Signage LS 1

Fire Extinguishers LS 1

Elevators LS 1

Fire Suppression Systems LS 1

Fire Alarm Systems LS 1

Plumbing LS 1

Mechanical LS 1

Electrical LS 1

Communication Systems LS 1

Soil Improvement Systems LS 1

As Built Construction Plans LS 1

Bonds and Insurance LS 1

Warranty LS 1

Contingency (2.5% of Total Bid) LS 1

General Contractor Fee LS 1

Total

In submitting this Bid, the Bidder understands that the right is reserved by the City of Rock Hill to reject any and all Bids, to accept any Bid submitted, to waive any informalities, and to negotiate with the low Bidder or Bidders on any changes which it considers necessary or desirable for its own interests. If written notice of the acceptance of the bid is mailed, telegraphed, or delivered to the undersigned within 60 days after the opening thereof, or at any time thereafter, before the Bid is withdrawn, the undersigned agrees to execute and deliver an

Agreement in the prescribed form and furnish the required bond within 10 days after the

Agreement is presented to him for signature.

Security in the form of (bid bond) ( ) is submitted herewith in accordance with the Instructions to Bidders.

Attached hereto is an affidavit in proof that the undersigned Bidder has not entered into a collusive agreement with any person in respect to this Bid or any other Bid or the submitting of

Bids for the Contract for which this Bid is submitted.

CONSTRUCTION TIME AND LIQUIDATED DAMAGES:

The Bidder states that he understands that the work must be completed as outlined below:

Substantial Completion must be obtained within 330 consecutive calendar days following the

Notice to Proceed. Final completion must be completed within 30 consecutive calendar days of substantial completion.

The Bidder understands that liquidated damages in the amount of Five Hundred Dollars

($500.00) shall be assessed for each consecutive calendar day for unauthorized delays beyond the contract date for failure to achieve Substantial Completion and Five Hundred Dollars

($500.00) for each consecutive calendar day for unauthorized delays for failure to achieve final completion by the contract time, and Two Hundred Dollars ($200.00) per day for failure to clean up the construction site.

The liquidated damages are not a penalty but are for damages resulting to City since the actual damages would be difficult or impossible to ascertain. Time is of the essence.

CONTRACTOR'S LICENSE:

The undersigned further states that he is a duly licensed Contractor, for the type of work proposed, in the State of South Carolina, and that all fees, permits, etc. pursuant to the submission of this proposal have been paid in full.

ADDENDA:

The undersigned acknowledges receipt of the following addenda, which will be considered as part of the Contract Documents:

Addendum No. _______________________________ Dated _____________

WITNESS HEREOF, this day of , 20 , the undersigned hereby certifies that(s) he is a duly authorized representative of the Bidder and as such hereby submits the within

Bid on (his/her) behalf pursuant to the authority of its governing body.

WITNESSES: ________________________________

(Name of Bidder)

By: __

Typed Name: __

(Seal) Title: __

Address of Bidder:

Contractor's license no:

ATTEST:

Corporate Secretary

SECTION 00350

Project Provisions for Media Management

1. Soil and groundwater contamination are known to be present on the Site. The Contractor is responsible for reviewing the following documents, with respect to the known contamination on-site:

• Report of Findings Brownfield Investigation, Town Center Mall, East White

Street and Dave Lyle Boulevard, Rock Hill, South Carolina, York County, VCC

21-5829-NRP, dated November 9, 2021, prepared by SynTerra (SynTerra).

• Media Management Plan Town Center Mall Site, East White Street and Dave

Lyle Boulevard, Rock Hill, South Carolina, VCC 21-5829-NRP, dated June 8, 2022 and Revised July 12, 2022, prepared by SynTerra Corporation.

• Report of Geophysical Services, Proposed Parking Deck on East White Street, Rock Hill, South Carolina, dated January 31, 2022, prepared by ESP Associates, Inc. (ESP).

• Supplemental Media Management Plan, White Street Parking Deck, East White

Street and Dave Lyle Boulevard, Rock Hill, South Carolina, dated July 2026, prepared by Kimley-Horn and Associates, Inc. (Kimley-Horn).

2. The Contractor should assume that the soil at the site is contaminated.

3. Soil may be reused on-site, within the project limits of disturbance.

4. The management and disposal of soil and groundwater…