Bid package Mary wright Greenway Trail Phase ll .pdf

Bid Package

For

MARY WRIGHT GREENWAY TRAIL

PHASE II

C I T Y OF S P A R T A N B U R G

JOB NO. 2538

OCTOBER 1, 2025

Proposal No. 2526-10-21-01

TABLE OF CONTENTS

DESCRIPTION PAGES

Bid Information/Forms

Invitation to Bid 2

Information for Bidders 6

Bid Form (Must Be Completed) 4

Non-Collusion Affidavit of Prime Bidder 1

Bid Bond 2

Statement of Bidder’s Qualifications 2

Performance Bond 2

Payment Bond 2

General Conditions/Provisions 12

Technical Specifications Also see drawings 49

Insurance Requirements 3

City Business License 1

M/WBE/DBE Good Faith Efforts Documentation (Must Be Completed) 3

Legal Notice

Request for Proposal for

Mary Wright Greenway

Trail Phase ll

October 1, 2025

NOTICE IS HEREBY GIVEN – The City of Spartanburg is seeking proposals from vendors to provide construction services for Mary Wright Greenway Trail Phase ll.

Bids are invited upon the several items and quantities of work as follows:

Approximately 2,000 Lf. of asphalt trail, which consist of clearing & grubbing, grading, storm drainage, stone base, and Surface Type C Asphalt. Also, 1,800 Lf. of protected lane consist of asphalt milling, street resurfacing, poured concrete median, poured walkway and ADA curb ramp.

Proposal No: 2526-10-21-01

The City of Spartanburg, hereby, notifies all proposers that it will affirmatively ensure that all disadvantaged and women’s business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of gender, race, color, or national origin in consideration for an award.

The City of Spartanburg reserves the right to reject any or all proposals or to waive any informality in the qualifications process. Proposals may be held by the City of Spartanburg for a period not to exceed sixty (60) days from the date of the opening of Proposals for the purpose of reviewing the Proposals and investigating the qualifications of prospective parties, prior to awarding of the Contract. The vendor that is awarded the proposal will be required to obtain a “City of Spartanburg Business License and Permits”. Vendors must have the insurance requirements in described in the bid documents.

Each bid must be accompanied by a Bid Bond “Affixed (Raised Seal)” or Bank Cashier’s Check payable to the Owner for five (5) percent of the total amount of the Bid. Please seal your bid bond or Cashier’s

Check in a separate envelope titled BID BOND to be opened first.

Contract documents may be examined at the offices of the Owner, (City of Spartanburg), or Associated General

Contractors in Greenville, South Carolina and Charlotte. Complete proposal package also available at www.cityofspartanburg.org by following the links for bid opportunities.

Technical questions regarding the scope of services should be directed to Jay Squires Public Works Director, 864-

596-2837 or by email at jsquires@cityofspartanburg.org . Questions regarding the bid should be directed to Carl

Wright, Procurement and Risk Manager at 864-596-2790 and 864-596-2049 or by email at cwright@cityofspartanburg.org. Questions regarding Minority and Women Business participation should be directed to Kensley Aiken, Minority Business Development Coordinator, at 864-596-3449 or by email at kaiken@cityofspartanburg.org.

There will be a pre-bid meeting on site Friday, October 10, 2025 at 10:00 AM at the intersection of

Alexander Ave. & Winsmith Ave. Spartanburg, SC 29306.

City of Spartanburg Procurement and Property Division

Post Office Drawer 1749, SC 29304-1749

Phone (864) 596-2049 - Fax (864) 596-2365

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Sealed Proposals shall be submitted to Carl Wright, Procurement and Property Manager, on or before Tuesday

October 21, 2025, no later than 3 PM, 295 E. Main Street, at which time they will be publicly opened and read aloud in the procurement office, same location.

Proposals can be hand delivered or mailed to the following address:

City of Spartanburg

P.O. Box 1749

187 W. Broad Street

Spartanburg, SC. 29304

Attn: Procurement and Property Division

For further information and complete Proposal Package, please contact the Procurement and Property office at

(864) 596-2049. Complete proposal package also available at https://www.cityofspartanburg.org/295/Bid-

Opportunities by following the links for Invitations for bids.

Proposal No: 2526-10-21-01

-2-https://www.cityofspartanburg.org/295/Bid-Opportunities https://www.cityofspartanburg.org/295/Bid-Opportunities

INFORMATION FOR BIDDERS

Bids will be received and opened as specified in the advertisement.

1. Bids

Each Bid must be submitted in a sealed envelope, as advertised. Each sealed envelope containing a BID must be plainly marked on the outside as BID for City of

Spartanburg for Mary Wright Greenway Trail Phase ll, and the envelope should bear on the outside the Bid Number, name of BIDDER, his/her address, all license information, etc., typed thereon and sealed. If forwarded by mail, the sealed envelope contained in the BID must be enclosed in another envelope addressed to the

OWNER as advertised.

The Owner may consider informal any bid not prepared and submitted in accordance with the provisions herein and may waive any informality or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered.

All bids shall be on the printed form contained herein or on copies thereof, and shall be for all labor, material and equipment required to complete the work embraced in the contract in accordance with the plans and specifications. Bid

Documents shall include the Bid, the Bid Quantity, the Non-Collusion Affidavit and the Statement of Bidder’s Qualification. Bids shall be typewritten or completed in ink. All blank spaces for bid prices must be filled in, in figures, or in both words and figures if so indicated in the bid form. In addition, any other information requested in the bid form must be completed.

Each BIDDER is required to state in his proposal his/her name and place of residence and the names of all persons interested with him; in case of a corporation, the names of other than the president and secretary need not be given.

Reference shall be furnished to establish the skill and business standing of the

BIDDER.

If the Contract is awarded, it will be awarded by the Local Public Agency to a responsible Bidder on the basis of the lowest Bid and the selected Alternative Bid items, if any. The Contract will require the completion of the work according to the Contract Documents.

If called for in the bid, each bidder shall submit a price for all alternates listed therein. Failure to do so will result in the bid being considered incomplete and may result in rejection of the bid.

On the first sheet of the bid form, the bidder shall write his/her name and address, his/her bidder’s license number; and contractor’s license number, if required. In South Carolina, where a mechanical contract amounts to $10,000 or more, the name and license number of the sub-contractor, where his/her bid is used, shall also be shown.

Following the BID opening, the OWNER shall determine the Items, Alternates, and

Additions to be performed. Total BIDS will be calculated by adding the amounts BID by each BIDDER for such ITEMS, Alternates, and Additions, less the Deductions, so selected by the Owner in determining the low responsive, responsible BID. The

OWNER reserves the right to reject any and all BIDS.

The successful BIDDER will be further required to furnish the OWNER with a complete breakdown of the total sum BID items to the satisfaction of the PUBLIC WORKS

DIRECTOR, before signing the contract documents.

The Owner reserves the right to hold bids for a period of sixty (60) days after date of opening and to award the contract at any time during that period.

2. INTERPRETATIONS OR ADDENDA

No oral interpretation will be made to any Bidder as to the meaning of the Contract

Documents or any part thereof. Every request for such an interpretation shall be made in writing to the Local Public Agency. Any inquiry received seven or more days prior to the date fixed for opening of Bids will be given consideration.

Every interpretation made to a Bidder will be in the form of an Addendum to the

Contract Documents, and when issued, will be on file in the office of the Local

Public Agency and the office of the Engineer at least five days before Bids are opened. In addition, all Addenda will be mailed to each person holding Contract

Documents, but it shall be the Bidder’s responsibility to make inquiry as to the

Addenda issued. All such Addenda shall become part of the Contract and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

Each bidder shall acknowledge receipt of all addenda in the spaces provided in the bid form. It shall be each bidder’s responsibility to assure him that all addenda have been received. No claim for failure to receive addenda will be considered.

3. INSPECTION OF SITE

Each Bidder should visit the site of the proposed work and fully acquaint himself/herself with the existing conditions there relating to construction and labor, and should fully inform himself/herself as to the facilities involved, the difficulties and restrictions attending the performance of the Contract. The

Bidder should thoroughly examine and familiarize himself/herself with the Drawings, Technical Specifications, and all other Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his/her failure to receive or examine any form or legal instrument or to visit the site and acquaint himself/herself with the conditions there existing and the Local Public Agency will be justified in rejecting any claim based on facts regarding which he/she should have been on notice as a result thereof.

4. ALTERNATIVE BIDS

No alternative bids will be considered unless alternative bids are specifically requested by the technical specifications.

5. BID GUARANTY

Each Bid must be accompanied by a BID BOND payable to the OWNER for five percent of the total amount of the Bid. As soon as the BID prices have been compared, the

OWNER will return the bonds of all except the three lowest responsible BIDDERS.

When the Agreement is executed the bonds of the two remaining unsuccessful BIDDERS will be returned. The BID BOND of the successful BIDDER will be retained until the payment bond and performance bond have been executed and approved, after which it will be returned. A Certified check may be used in lieu of a BID BOND. A performance bond and payment bond, each in the amount of 100 percent of the

CONTRACT PRICE, with a corporate surety approved by the OWNER, will be required for the faithful performance of the contract in the form attached hereto.

Attorneys-in-fact who sign BID BONDS or payment bonds and performance bonds must file with each bond a certified and effective dated copy of their power of attorney.

6. COLLUSIVE AGREEMENTS

Each Bidder submitting a Bid to the Local Public Agency for any portion of the work contemplated by the documents on which Bidding is based shall and attach thereto, an affidavit substantially in the form herein provided, to the effect that he/she has not entered into a collusive agreement with any other person, firm, or corporation with regard to any Bid submitted.

Before executing any subcontract the successful Bidder shall submit the name of any proposed subcontractor for prior approval.

7. STATEMENT OF BIDDER’S QUALIFICATIONS

Each Bidder shall upon request of the Local Public Agency submit on the form furnished for that purpose (a copy of which is included in the Contract Documents), a statement of the Bidder’s qualifications, his/her experience record in constructing the type of improvements embraced in the contract, his/her organization and equipment available for the work contemplated, and when specifically requested by the Local Public Agency, a detailed financial statement.

The Local Public Agency shall have the right to take such steps as it deems necessary to determine the availability of the Bidder to perform his/her obligations under the Contract and the Bidder shall furnish the Local Public Agency all such information and data for this purpose as it may request. The right is reserved to reject any Bid where an investigation of the available evidence or information does not satisfy the Local Public Agency that the Bidder is qualified to carry out properly the terms of the Contract.

8. UNIT PRICES

The unit price for each of the several items in the proposal of each Bidder shall include its pro-rata share of overhead so that the sum of the products obtained by multiplying the quantity shown for each item by the unit price Bid represents the total Bid. Any Bid not conforming to this requirement may be rejected as informal.

The special attention of all Bidders is called to this provision, for should questions make it necessary to revise the quantities, no limit will be fixed for such increased or decreased quantities nor extra compensation allowed, provided the net monetary value of all such additive and subtractive changes in quantities of such items of work (i.e., difference in cost) shall not increase or decrease the original contract price by more than twenty-five (25%) percent, except for work not covered in the Drawings and Technical Specifications.

The quantities listed in the proposal form are to be considered as approximate and are to be used only for the comparison of the BIDS and as basis for computing amounts of security or penal sums of bonds to be furnished. The unit prices to be tendered by the BIDDERS are to be tendered expressly for the scheduled quantities as they may be increased or decreased. Payments, except for lump sum contracts, and except for lump sum items in unit price contracts, will be made to the

CONTRACTOR for the actual quantities only of work performed or materials furnished in accordance with the plans and specifications, and it is understood that the scheduled quantities of work to be done and materials to be furnished may each be increased or diminished without in any way invalidating the unit BID prices.

9. CORRECTIONS

Bids which are incomplete, unbalanced, conditional or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind or which do not comply with the contract documents may be rejected at the option of the Owner.

Erasures or other changes in the Bids must be explained or noted over the signature of the Bidder.

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10. TIME FOR RECEIVING BIDS

Bids received prior to the advertised hour of opening will be securely kept, sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered:

except that when a Bid arrives by mail after the time fixed for opening, but before the reading of all other Bids is completed, and it is shown to the satisfaction of the Local Public Agency that the non-arrival on time was due solely to delay in the mail for which the Bidder was not responsible, such Bid will be received and considered.

11. OPENING OF BIDS

At the time and place fixed for the opening of Bids, the Local Public Agency will cause to be opened and publicly read aloud every Bid received within the time set for receiving Bids, irrespective of any irregularities therein. Bidders and other persons properly interested may be present, in person or by representative.

12. WITHDRAWAL OF BIDS

Bids may be withdrawn on written or telegraphic request dispatched by the Bidder in time for delivery in the normal course of business to the time fixed for opening;

provided, that written confirmation of any telegraphic withdrawal over the signature of the Bidder is placed in the mail and postmarked prior to the time set for Bid opening. The Bid guaranty of any Bidder withdrawing his/her Bid in accordance with the foregoing conditions will be returned promptly.

13. AWARD OF CONTRACT: REJECT OF BIDS

The Contract will be awarded to the responsible Bidder submitting the lowest Bid complying with the conditions of the Invitation for Bids. The Bidder to whom the award is made will be notified at the earliest possible date. The Local Public

Agency, however, reserves the right to reject any and all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest.

The Local Public Agency reserves the right to consider as unqualified to do the work of general construction any Bidder who does not habitually perform with his/her own forces the major portions of the work involved in construction of the

Improvements embraced in this Contract.

14. EXECUTION OF AGREEMENT: PERFORMANCE BOND, PAYMENT BOND, BUSINESS LICENSE

Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the

Local Public Agency an Agreement in the form included in the Contract Documents such number of copies as the Local Public Agency may require.

Having satisfied all conditions of award as set forth elsewhere in these documents, the successful Bidder shall, within the period specified in this document, furnish a surety bond in a penal sum not less than the amount of the Contract as awarded, as security for the faithful performance of the Contract, and for the payment of all persons, firms, or corporations to whom the Contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him/her in performing the work. Such bond shall be in the same form as that included in the

Contract Documents and shall bear the same date as, or a date subsequent to that of the Agreement. The current power of attorney for the person who signs for any surety company shall be attached to such bond. This bond shall be obtained from companies holding certificates of authority as acceptable sureties (31 CFR 223).

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The failure of the successful Bidder to execute such Agreement and to supply the required bond or bonds within ten days after the prescribed forms are presented for signature, or within such extended period as the Local Public Agency may grant, based upon reasons determined sufficient by the Local Public

Agency, shall constitute a default, and the Local Public Agency may either award the Contract to the next lowest responsible Bidder or re-advertise for Bids, and may charge against the Bidder the difference between the amount of the Bid and the amount for which a Contract for the work is subsequently executed, irrespective of whether the amount thus due exceeds the amount of the Bid Bond. If a more favorable Bid is received by re-advertising the defaulting Bidder shall have no claim against the Public Agency for a refund.

The NOTICE OF AWARD shall be accompanied by the necessary Agreement and bond forms.

15. NOTICE TO PROCEED

The NOTICE TO PROCEED shall be issued within 10 days of the execution of the

Agreement by the OWNER. Should there be reasons why the NOTICE TO PROCEED cannot be issued within such period; the time may be extended by mutual agreement between the OWNER and CONTRACTOR. If the NOTICE TO PROCEED has not been issued within the

10 day period or within the period mutually agreed upon, the CONTRACTOR may terminate the Agreement without further liability on the part of either party.

16. WAGES AND SALARIES

Attention of Bidders is particularly called to the requirements concerning the payment of not less than the prevailing wage and salary rates specified in the

Contract Documents and the conditions of employment with respect to certain categories and classifications of employees.

The rates of pay set forth under the General Wage Determination for the State of

South Carolina are the minimums to be paid during the life of the Contract. It is therefore, the responsibility of Bidders to inform themselves as to local labor conditions, such as the length of work day and work week, overtime compensation, health and welfare contributions, labor supply and prospective changes or adjustments of rates.

17. EQUAL EMPLOYMENT OPPORTUNITY

Attention of Bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of their race, color, religion, sex, or national origin.

Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity

(Executive Order 11246)

The offerer’s or Bidder’s attention is called to the “Equal Opportunity Clause” and the “Standard Federal Equal Employment Opportunity Construction Contract

Specifications” set forth herein.

18. ILLEGAL ALIENS/WORKERS

Attention to bidders is also called to requirements to verify the hiring eligibility of its employees as required under South Carolina’s Eligible

Immigration Reform Act, S. C. Code Ann., 41-8-10, et seq. by either registering and participating in the Federal Work Authorization Program (e-verify) pursuant to the

Statute or employ only workers who at the time of their employment possess a valid

South Carolina Driver’s License or Identification Card or are eligible to obtain same or possess a valid Driver’s License or Card from another state deemed by the

Director of the Department of Motor Vehicles to have requirements at least as strict as those in South Carolina. Bidder also understands that he/she will comply with the Statute in its entirety and agrees to provide the Public Agency with documentation to establish applicability of the Statute.

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19. GENERAL GUARANTY

Neither the final certificate of payment nor any provision in the Contract nor partial or entire use of the Improvements embraced in this Contract by the Local

Public Agency or the public shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties of responsibility for faulty materials or workmanship. The

Contractor shall promptly remedy any defects in the work and pay for any damage to other work resulting there from which shall appear within a period of 12 months from the date of final acceptance of the work. The Local Public Agency will be given notice of defective materials and work with reasonable promptness.

20. LOCAL PUBLIC AGENCY

Wherever the term “Local Public Agency” is referenced in the contract documents, it shall mean the Owner which is the City of Spartanburg.

21. TAXES

Attention is called to the following provisions of the South Carolina Tax laws:

South Carolina law requires that a withholding tax of two percent (2%) be withheld from payments made to non-resident contractors performing a business of temporary nature in South Carolina, and provided the contract exceeds $10,000. The withholding of two percent (2%) may be waived provided the nonresident taxpayer posts with the South Carolina Tax Commission a non-resident withholding tax bond.

This provision insures the South Carolina Tax Commission that the non-resident contractor will comply with applicable provisions of the Income Tax Act of 1926, as amended. The prime contractor or employer of the non-resident contractor is held responsible for the tax due to be withheld and must withhold the tax unless he is notified by the South Carolina

Tax Commission that a non-resident withholding bond has been posted covering the contract in question.

In addition to the above, the non-resident contractor is required to act as withholding agent for the State of South Carolina and withhold tax from wages paid to his employees working in South Carolina. It is the responsibility of the non-resident contractor to apply for an employer account number and file the quarterly withholding reports on or before the appropriate due dates.

22. ENGINEER

Wherever the “Engineer” is referenced in the contract documents, it shall mean the

City Public Works Director, P. O. Drawer 1749, Spartanburg, S. C. 29304, telephone

(864) 596-2837.

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PROPOSAL FOR

MARY WRIGHT GREENWAY PHASE TRAIL ll

CITY OF SPARTANBURG

Job No. 2538

BID # 2526-10-21-01

FROM:

BIDDER__________________________________________________Date______________

Address _______________________________________________Telephone____________

Bidder’s License No.___________________________________

Contractor’s License No.________________________________

TO: CITY OF SPARTANBURG (OWNER)

187 West Broad Street

Post Office Drawer 1749

Spartanburg, S. C. 29304

The undersigned, as bidder, hereby declares that the only person, or persons, interested in this bid as principal(s) is, or are, named herein, and that no other person has any interest in the bid or the contract to be entered into; that this bid is made without connection with any person, company or parties making a bid; and that it is in all respects fair and in good faith without collusion or fraud.

The bidder further declares that he has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the contract documents relative thereto; and that he/she has satisfied himself/herself as to the work to be performed.

The bidder further proposes and agrees, if this bid is accepted, to contract with the Owner in the attached form of agreement, to furnish all material, equipment, tools, apparatus means of transportation, and labor necessary to complete the project in full and complete accordance with the contract documents, to the full and entire satisfaction of the Owner, at the prices and amounts listed below.

The bidder further agrees to commence work on the date stipulated in the notice to proceed and to fully complete the project within the number of consecutive calendar days thereafter as listed below. The bidder also agrees to pay as liquidated damages, the sum as listed below for each consecutive calendar day thereafter the project remains incomplete.

Completion Time: 45 DAYS

Liquidated Damages: $300.00 per day

The undersigned Bidder agrees that if this Proposal shall be accepted, the undersigned will, within ten (10) days after notifications of such acceptance, enter into the contract for their performance of all work proposed under this improvement within the number of calendar days as stated herein, and, as a guaranty of the faithful performance thereof, to furnish at the time of executing the contract a performance bond in an amount not less than one hundred percent (100%) of the total amount bid, and with sureties subject to the approval of the Owner. Upon failure to execute the contract and bond as aforesaid, it is agreed that the undersigned shall forfeit check accompanying this proposal to the Owner as liquidated damages caused by such failure.

The work consists of the approximate quantities shown herein which will be used as a basis for comparison of bids and not for final estimate. The Owner does not, by expression or by implication, agree that the actual amount of work will correspond with the estimated quantities.

In case of error in extension, the unit price shall govern rather than the amount. For lump sum items, the individual amounts shall govern the total of the bid in case of discrepancy.

The Owner may delete from the contract any or all of the alternates listed in the bid form.

The prices and amounts listed below include all labor, materials, tools, equipment, transportation, removal, overhead, profit, insurance, taxes, etc., to cover the finished work in place.

Bidder acknowledges receipt of the following Addenda:

Addenda Received: No.________ ________ ________ ________ ________ ________

Date________ ________ ________ ________ ________ ________

The undersigned further agrees that in case of failure on his part to execute the said contract and bonds within 10 consecutive calendar days after written notice has been given of the award of the contract, the check and/or bid bond accompanying this bid and the monies payable thereon will be paid into the funds of the Owner as liquidated damages for such failure; otherwise, said check or bid bond will be returned to the undersigned.

The bidder further purposes and agrees hereby to commence the work with adequate forces and equipment within 10 days after being notified by the Owner or Engineer to proceed, and to complete the work within the specified time.

ATTACHED HERETO is a certified check on the ______________________________

_________________________ Bank of ____________________________ and/or bid bond with the ____________________________________ Company for the sum of ____________

Dollars (____________________), made payable to the Owner as a bid guarantee.

The attached completed and executed Debarred Firms certification is hereby made a part of this bid.

Address:

_______________________________________ Firm________________________________

_______________________________________ By_____________________________(L.S.)

Title _________________________________

(SEAL is bid is by a corporation)

NON-COLLUSION AFFIDAVIT OF PRIME BIDDER

State of South Carolina) ss.

County of Spartanburg)

________________________________________, being first duly sworn, deposes and says that:

1) He/She is ___________________________ OF ________________________, the Bidder that has submitted the attached Bid:

2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid:

3) Such Bid is genuine and is not a collusive or sham Bid:

4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the

Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Spartanburg, S.C. or any person interested in the proposed Contract;

and

5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(signed)__________________________

Title

Subscribed and sworn to before me this

____________________________ day of ________________________, 20____

Title

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we the undersigned, ____________________________________________________ as PRINCIPAL, AND

____________________________________________________ as SURETY are held and firmly bound unto _________________________________________________ hereinafter called the

“Local Public Agency”, in the penal sum of ________________________________________

Dollars, ($___________________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that Whereas the Principal has submitted the Accompanying Bid, dated ______________________, 20_____, for ____________________________

NOW, THEREFORE, if the Principal shall not withdraw said Bid within the period specified therein after the said opening, and shall within the period specified therefore, or if no period be specified, within the (10) days after the prescribed forms are presented to him for signature, enter into a written Contract with the Local Public Agency in accordance with the

Bid as accepted, and give bond with good and sufficient surety or sureties, as may be required, for the faithful performance and proper fulfillment of such Contract: or in the event of the withdrawal of said Bid within the period specified, or the failure to enter into such Contract and give such bond within the time specified, if the Principal shall pay the

Local Public Agency the difference between the amount specified to said Bid and the amount for which the Local Public Agency may procure the required work or supplies for both, if the latter be in excess of the former, then the above obligation shall be void and of no effect, otherwise to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounded parties have executed this instrument under their several seals this ____________________ day of _______________________, 20___, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

___________________________(Seal)

________________________________ ___________________________(Seal)

Attest: By: ___________________________

By: ___________________________ Affix

Corporate

Seal

5Forms of Bid Bonds prepared to meet the requirements of local or State laws or the needs of the Local Public should be substituted for this form where necessary.

(continued next page)

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Attest:

By: ___________________________ Affix

Corporate

Seal

Countersigned by_______________________________

6Attorney-in-Fact, State of ___________________________________________

CERTIFICATE AS TO CORPORATE PRINCIPAL

I, _____________________________________________________, certify that

I am the _____________________________________________________________, Secretary of the Corporation named as Principal in the within bond: that

______________________________________________ who signed the said bond on behalf of the Principal was then ___________________ of said corporation: that I know his signature, and his signature thereto is genuine: and that said bond was duly signed, sealed, and attested to, for and in behalf of said corporation by authority of this governing body.

________________________________ (Corporate Seal)

Title:_________________________________

6Power-of-attorney for person signing for surety company must be attached to bond.

STATEMENT OF BIDDER’S QUALIFICATIONS

(To be submitted by the Bidder only upon the specific request of the Local Public

Agency.)

All questions must be answered and the data given must be clear and comprehensive.

This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires.

1. Name of Bidder.

2. Permanent main office address.

3. When organized.

4. If a corporation, where incorporated.

5. How many years have you been engaged in the contracting business under your present firm or trade name?

6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.)

7. General character or work performed by your Company.

8. Have you ever failed to complete any work awarded to you?

9. Have you ever defaulted on a contract?

10.List the more important projects recently completed by your Company, stating the approximate cost for each, and the month and year completed.

11.List your major equipment available for this contract.

12.Experience in construction work similar in importance to this project.

13.Background and experience of the principal members of your organization, including the officers.

14.Credit Available: $_______________________.

15.Give Bank Reference:________________________________________.

16.Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Spartanburg?

17.The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Spartanburg in verification of the recitals comprising this Statement of Bidder’s Qualifications.

Dated at __________________________ this _____________________ day of, 20____.

By:__________________________________

Title:__________________________________

State of ____________________________)

County of ___________________________)

_________________________________________ being duly sworn, deposes and says that he/she is _________________________ of ______________________

_____________________________________ and that the answers to the fore-going questions and all statements therein contained are true and correct.

Subscribed and sworn to before me this the _________________________ day of ________________________, 20___.

(Name) Notary Public for (State)

My Commission Expires______________

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a _____________________________________________________________________, (Corporation, Partnership or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto _____________

(Name of Owner)

145 WEST BROAD STREET, SPARTANBURG, SOUTH CAROLINA 29306

(Address of Owner) hereinafter called OWNER, in the penal sum of __________________________

Dollars, $______________________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the _________________ day of ______________________, 20____, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said contract during the original term thereof, and may extensions thereof which may be granted by the OWNER, with or without notice to the Surety during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the OWNER from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the OWNER all outlay and expenses which the OWNER may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulate and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in _____________________

(number) counterparts, each one of which shall be deemed an original, this the

___________________________ day of ___________________________, 20_____.

ATTEST:

Principal

(Principal Secretary)

(SEAL) BY_____________________________(s)

(Address)

(Witness as to Principal)

(Surety)

ATTEST: BY________________________________

Attorney-in-Fact

Witness as to Surety (Address)

Address

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR in Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury

Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Name of Contractor)

(Address of Contractor) a _____________________________________________________________________

(Corporation, Partnership or Individual) and ___________________________________________________________________

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto _____________

(Name of Owner)

187 WEST BROAD STREET, SPARTANBURG, SOUTH CAROLINA 29306

(Address of Owner) hereinafter called OWNER, in the penal sum of __________________________

Dollars, $______________________ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the _________________ day of

______________________, 20____, a copy of which is hereto attached and made a part hereof for the construction of:

NOW, THEREOF, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs or machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED, FURTHER, that the said surety, for value received hereby stipulate and agrees that no change, extension of time, alteration or addition to the terms of the contract or to WORK to be performed there under or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS.

PROVIDED FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in _____________________

(number) counterparts, each one of which shall be deemed an original, this the

___________________________ day of ___________________________, 20_____.

ATTEST: ________________________________

Principal

______________________________ BY_____________________________(s)

(Principal Secretary)

(SEAL)

(Witness as to Principal) (Address)

(Surety)

ATTEST:

(Surety) Secretary

(SEAL)

______________________________ BY________________________________

Witness to Surety Attorney-in-Fact

(Address) (Address)

NOTE: Date of BOND must not be prior to date of Contract.

If CONTRACTOR in Partnership, all partners should execute BOND.

IMPORTANT: Surety companies executing BONDS must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the PROJECT is located.

General Provisions Index

1. SCOPE OF DRAWINGS AND SPECIFICATIONS

2. PERMITS

3. SUBMISSIONS, REPORTS, RECORDS AND DATA

4. JOB SITE DRAWINGS AND SPECIFICATIONS

5. PROHIBITED INTEREST

6. MUTUAL RESPONSIBILITY OF CONTRACTORS

7. ORDER AND PROSECUTION OF WORK

8. PUBLIC CONVENIENCE AND PROTECTION

9. SANITARY PROVISIONS

10. EXISTING FACILITIES

11. WORK DURING INCLEMENT WEATHER

12. RIGHTS-OF-WAY

13. WORK ON HIGHWAY RIGHT-OF-WAY

14. WORK ON RAILROAD RIGHT-OF-WAY

15. USE OF PREMISES

16. LINES AND GRAPHS

17. SITE DATA

18. EQUIPMENT INSTALLATION

19. QUANTITIES OF ESTIMATES

20. CLEANING UP

21. INSPECTION CERTIFICATES, BONDS AND GUARANTEES

22. ESTIMATES NOT TO PREVENT FINAL REJECTION

23. FINAL INSPECTION

24. GUARANTEES

25. TEMPORARY UTILITIES

26. UNAUTHORIZED DISCHARGES

00700-01. SCOPE OF DRAWINGS AND SPECIFICATIONS:

A. Any provisions contained in the specifications or shown on standard drawings which are not applicable to the work under this contract shall be disregarded.

B. The Owner will be responsible for the adequacy of the general design of the finished work. The design of standard products used in the work; temporary work required to protect existing work or adjoining property; and temporary work required to keep existing or new facilities in operation shall be the sole responsibility of the Contractor.

C. Reference to standard Specifications (ASTM, AWWA, ANSI, etc.), national codes, local or state codes, and laws and ordinances shall mean the latest edition of said document in effect at the time of taking bids, unless specifically stated otherwise.

D. It is the intent that the work under this contract shall result in a complete, properly usable and operating installation, structure, or plant; and that workmanship shall be of the best quality consistent with the materials and construction methods shown on drawings and as specified.

E. The words “furnish”, “furnish and install”, “install” and “provide” or similar words shall mean, unless otherwise specifically stated, “furnish and install complete in place and ready for service”.

F. Incidental work and miscellaneous accessories not specifically mentioned or shown, but necessary for the proper completion of the work, shall be provided without change in the contract price. Such incidental work and accessories shall be of the same quality as specified for the major component of which the incidental work or accessory is an essential part.

G. The work of all trades under this contract shall be coordinated by the Contractor in such a manner as to obtain the best workmanship possible for the entire project. All components of the work shall be installed or erected in accordance with the best practices of the particular trade.

H. The Contractor shall be responsible for making the construction of habitable structures completely weatherproof, and for making equipment and utility installations properly perform the specified function. If he is prevented from so doing by any limitations of the drawings or specifications, the

Contractor shall immediately notify the Engineer in writing of such limitations before proceeding with construction in the area where the problem or limitation exists.

I. Materials or methods described by words which have a well known technical or trade meaning shall in fact refer to that recognized standard. Standard specifications or manufacturer’s literature, when referenced, are intended to establish the minimum acceptable requirements.

J. Any reference to manufacturer’s brand or trade names or model numbers is intended merely to establish the standard of quality required for the particular product or material. Products or materials of other manufacturers, which in the opinion of the Engineer are equal to that specified with respect to quality, workmanship and economy of operation, and are suitable for the purpose intended, will be acceptable.

K. The Contractor shall be responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations owning or controlling roadways, railways, water, sewer, gas, electrical, telephone and telegraph facilities, such as pavements, track, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the work in order that such items may be properly shored, supported, protected or relocated. He shall give all proper notices, shall comply with the requirements of such parties in the performance of his work, shall permit entrance of such parties on the project in order that they may perform their necessary work, and shall pay all charges and fees made by such parties for this work.

L. The Contractor’s attention is called to the fact that there may be delays on the project due to work to be done by governmental agencies, public utilities and others in repairing or moving poles, conduits, etc. The Contractor shall cooperate with the above parties, in every way possible, so that construction can be completed in the least possible time.

M. Unless otherwise specified, the Contractor shall provide at his expense all tests and testing services required by the contract documents.

00700-02. PERMITS:

The Contractor shall be responsible for procuring any permits for the use of property beyond the limits of the Owner’s property or a permanent rights-of-way as necessary for working or storage space during the prosecution of the work.

00700-03. SUBMISSIONS, REPORTS, RECORDS AND DATA:

A. The Contractor shall submit all schedules, quantities, costs, payrolls, reports, estimates, records, shop drawings, details and other data as required by the contract documents or as may be specifically requested.

B. The apparent successful bidder shall furnish to the Engineer for approval a complete cost breakdown of his bid, within 10 days after submission of bids. The breakdown shall include all items for each unit of construction, and shall show the cost for labor, materials and equipment, other necessary costs, and the total cost for each unit of work. Bidders shall consult with the Engineer prior to submitting the breakdown to insure a complete understanding of the requirements. Names of the project superintendent and others responsible for the work shall be included.

C. The Contractor shall furnish periodic itemized estimates for work done for the purpose of making partial payments thereon. The costs employed in making up these estimates will be used only for determining the basis of partial payments and will not be considered as a basis for changes in the contract price.

D. The Contractor shall notify the Engineer of the source of all materials and equipment required for the work, and shall supply samples of materials as specified in the technical sections or at the Engineer’s request.