Galvanized Waterline Replacement II.pdf

CITY OF SENECA

LIGHT & WATER DEPARTMENT

INVITATION FOR BIDS

PROJECT: IFB 2026-002

GALVANIZED WATERLINE REPLACEMENT II

BOLICK ST. AND N. 1ST ST.

Seneca Light & Water Engineering 1 of 29 Project: IFB 2026-002_Galvanized Waterline Replacement II July 29, 2026

THIS IS NOT AN ORDER BID REQUEST NUMBER: IFB 2026-002

DATE OF INVITATION: July 29, 2026

QUOTES WILL BE RECEIVED AT: Seneca Light & Water / Lowery Building 251 E. North Second Street P.O. Box 4773 Seneca, South Carolina 29679

UNTIL 2:00 P.M. LOCAL TIME ON Friday, August 28, 2026

Project Name: Galvanized Waterline Replacement II

Project Location: Bolick St. and W. North 1st St.

City/County/State: Seneca / Oconee / South Carolina 29678

Project Number: IFB 2026-002

Response Deadline: August 28, 2026 2:00 P.M. EST

INTRODUCTION

The City of Seneca Light & Water Department (herein aka, SL&W / City / Owner / Engineering) is soliciting bids for Utilities installation services.

Bids may be submitted via mail, hand delivery, or facsimile transmission (fax). Bid submittals via fax must be on company stationery; and shall reference Project: IFB 2026-002 clearly labeled on the face of the envelope/page/fax sheet. Bids must be complete and in U.S. dollars. See instructions and conditions enclosed herein. NO BIDS BY EMAIL.

SL&W shall not be held responsible for Responder’s lack of understanding of what is required by this solicitation. Should a Responder not understand any aspect of this request, or require further explanation or clarification regarding the intent or requirements, it shall be the responsibility of the Responder to seek guidance from the SL&W’s designated Representative.

An ‘Agreement for Construction Services’ resulting from this solicitation may be awarded to the responsive Bidder whose response conforming to this solicitation appears to be the most advantageous to the Owner.

Each bidder/responder shall have fully ascertained recommended repairs. Further, each Responder is encouraged to visit the site and acquaint themselves with existing conditions prior to their bid submittal.

This solicitation is not to be construed as a commitment of any kind nor does it commit Seneca Light & Water to pay any costs incurred in the preparatory submission of a bid or for any other incurred cost.

Bid Questions for clarification regarding any item(s) contained or not contained in the IFB package

Seneca Light & Water Engineering 2 of 29 must be submitted in print prior to 2:00 P.M. E.S.T. Wednesday, August 19, 2026 Questions submitted after that date and time will not be due a response.

Please direct all questions concerning this Invitation for Bids to:

Jeremy Wirtz, Engineering Department Seneca Light & Water Telephone: 864.710.3696 Fax Number: 864.885.0357 Email: jwirtz@seneca.sc.us.

Mail or deliver the IFB submittals in a sealed envelope, or fax with cover sheet bearing the inscription:

Project: IFB 2026-002 Galvanized Waterline Replacement II

Address: Seneca Light & Water Engineering Jeremy Wirtz P.O. Box 4773 251 E. North Second Street

Seneca, SC 29679-4773

Fax Number: (864) 885-0357

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SECTION I INFORMATION FOR BIDDERS

1. GENERAL INFORMATION

SENECA LIGHT & WATER ENGINEERING, [aka SL&W/OWNER] is the administrator for PROJECT: IFB 2026-002

GALVANIZED WATERLINE REPLACEMENT II.

1.1.1 PROJECT WORK will be performed for SENECA LIGHT & WATER. The intent is to award this PROJECT to the responsive, responsible, qualified, and capable RESPONDER as deemed and defined by

SL&W.

1.1.2 For a BID to be considered, the RESPONDER shall be legally qualified and authorized to do business in the State of South Carolina prior to the due date. Each RESPONDER shall, upon request, submit on forms furnished for that purpose a statement of qualification, work experience history, organization and personnel, financial statement and/or list of equipment available for the WORK contemplated.

1.1.3 SL&W reserves the right to take such steps as it deems necessary to determine the RESPONDER’S ability to meet the terms and conditions of the PROJECT; the RESPONDER shall furnish all such information and data for this purpose as may be requested.

1.1.4 SL&W reserves the right to reject any BID if available evidence or information does not satisfactorily verify the RESPONDER’S qualification.

1.1.5 This solicitation does not commit SENECA LIGHT & WATER to execute an AGREEMENT, award a CONTRACT, pay any cost incurred in the preparation of the BID, or to procure or contract for any goods or services listed herein.

2. BID SUBMITTAL FORMAT

1.2.1 BIDS shall be prepared simply and economically providing a straight-forward, concise indication of the RESPONDER’S ability to meet the requirements of the IFB. The BID shall be typed (black), or legibly written (blue ink). All blank spaces for COST must be filled (ink / typewritten), and the form executed before being submitted. Two (2) copies of the RESPONDER’S BID is required, attach additional explanatory sheets if needed.

1.2.2 Response BIDS shall represent the total cost to perform the SERVICES, including all labor, equipment, transportation, services, licenses, fees, sales taxes, material, parts, and appurtenances.

1.2.3 BID forms shall be signed and the signature shall be distinguishable (blue ink). BIDS by a partnership, company, or corporation shall be signed in the official business name followed by the signature and designation of person authorized to bind the partnership, company, or corporation to the solicitation process.

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1.2.4 SENECA LIGHT & WATER assumes no responsibility for envelopes erroneously labeled, marked, or not delivered to the correct location. Any BID submitted unsigned will be rejected.

1.2.5 A single proprietary interest shall not submit multiple BIDS for the same WORK, even when the individual BIDS are submitted under different names.

1.2.6 BIDS shall be accompanied by a BID BOND (CASH, CERTIFIED CHECK or SURETY BOND) payable to the CITY OF SENECA for five percent (5%) of the total amount of the BID.

1.2.6.1 After execution of an AGREEMENT FOR CONSTRUCTION SERVICES with the selected RESPONDER, all BID BONDS and the POWER-OF-ATTORNEY of the remaining RESPONDER(S) will become NULL and VOID. The BID BOND of the successful BIDDER will be retained until applicable BONDS (performance bond, payment surety bond, labor and material bond, etc.) have been executed and approved.

1.2.6.2 In lieu of CASH, CERTIFIED CHECK, or SURETY BOND, the CITY OF SENECA may accept an IRREVOCABLE LETTER of CREDIT issued by a Financial Institution insured by the FDIC/DIF covering 5% of the BID amount.

1.2.6.3 ALL REQUIRED BONDS SHALL BE PAYABLE TO: CITY OF SENECA.

1.2.7 A BID not prepared in accordance with these instructions implies the RESPONDER does not intend to comply with all of the CONSTRUCTION AGREEMENT conditions and such BID(S) will be considered irregular and unacceptable.

1.2.8 Any BIDDER/RESPONDER imposed terms and conditions which conflict with the terms and conditions of this solicitation are considered counter offers and, as such, may cause SL&W to consider the bid submittal non-responsive.

1.2.9 The RESPONDER’S terms and conditions attachment must be accompanied by a disclaimer stating that in the event of conflict between the terms and conditions of this solicitation and the terms and conditions of the RESPONDER; the terms and conditions of the INVITATION

FOR BIDS will prevail.

1.2.10 It is the RESPONDER’S sole responsibility to ensure BID DOCUMENTS (mailed, hand delivery, or faxed) are received by SENECA LIGHT & WATER (SL&W) ENGINEERING prior to the specified date and time of BID due date.

3. ADDENDUM

1.3.1 Notice(s) of modification to the INVITATION FOR BIDS made prior to the response due date will be done by written addenda, posted to the CITY OF SENECA website http:/www.seneca.sc.us/;

and through the SL&W designated representative.

1.3.2 RESPONDERS are responsible for confirming their BID reflects any addenda issued by SL&W prior to the due date. It is recommended RESPONDERS visit the CITY OF SENECA website or contact the SL&W designated representative.

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1.3.3 RESPONDERS requesting information to a question that is pertinent in their BID submittal will receive an answer, and the answer will be copied to all known recipients of the INVITATION

FOR BIDS package.

1.3.4 ADDENDA issued will become part of the AGREEMENT FOR CONSTRUCTION SERVICES.

4. BID PACKAGE DISCLAIMERS

1.4.1 SENECA LIGHT & WATER takes no responsibility or liabilities for costs incurred by the RESPONDER in BID preparation or submittal, or any cost to the RESPONDER associated with responding to this solicitation.

1.4.2 RESPONDER shall be fully acquainted with stipulations related to the scope and restrictions attending the execution of WORK under the conditions of this PROJECT and labor under which the WORK will be performed.

1.4.2.1 RESPONDERS must satisfy themselves of the scope of requested services and the estimated quantities by examination of jobsite and review of the specifications including ADDENDA.

1.4.2.2 RESPONDERS may submit written request for interpretation of the instructions, specifications, or other documents, if any, furnished herewith.

1.4.2.3 It is the RESPONDERS’ responsibility to ascertain receipt of all ADDENDA issued, and acknowledge on the BASE BID FORM.

1.4.3 All reasonable care has been taken in preparation of this solicitation; information of the proposed work location, and/or other existing facilities, are from the best sources presently available. SL&W disclaims responsibility for any inaccuracies which contained herein. SL&W reserves the right to modify the document prior to the BID due date by issuance of an addendum.

1.4.3.1 RESPONDERS are NOT released from the obligation and responsibility of making an onsite investigation of conditions to be encountered.

1.4.3.2 RESPONDERS assume the risk of error for basing their BID on information obtained from these investigations, or the professional interpretation and judgment of the RESPONDER. Each RESPONDER shall thoroughly familiarize themselves with the detailed requirements prior to submitting BIDS.

1.4.4 After BIDS have been submitted, SL&W will not entertain any assertion from RESPONDER’S complaint of misunderstanding the quantities of work, or the nature of work to be completed.

1.4.4.1 Discovery by the RESPONDER of any ambiguity, conflict, discrepancy, omission, or other errors in this solicitation shall be called to the attention of; and written notice provided to SL&W outlining the problem, and request document clarification and/or modification.

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5. CONFIDENTIALITY

1.5.1 BIDS received prior to the due date and time shall be kept secured and unopened. The name of entities submitting a BID may become public information.

1.5.2 SENECA LIGHT & WATER, to the extent permitted by law, will protect the content confidentiality of BIDS submitted. RESPONDERS are advised of the context of the South Carolina Freedom of Information Act, particularly after the selection process has ceased and the AGREEMENT FOR

CONSTRUCTION SERVICES has been executed.

1.5.3 BID information of the two (2) lowest BIDS shall remain private until contract negotiations between SL&W and the selected RESPONDER have been completed. Afterwards, all BIDS become public information with the exception of “proprietary information” as defined by South Carolina State Law.

1.5.4 Proprietary or other sensitive information accompanying a BID is subject to potential disclosure. SENECA LIGHT & WATER will take every reasonable effort to protect information deemed and marked ‘Proprietary’. RESPONDERS must identify all proprietary information in their BID.

1.5.4.1 This identification shall be done by individually marking each page on which such proprietary information is found with the words, “Proprietary Information”.

1.5.4.2 RESPONDERS failing to identify proprietary information shall agree that those sections not marked as proprietary will be deemed non-proprietary and made available upon public request. It shall be understood that SL&W will not be liability for disclosure of such information.

1.5.4.3 RESPONDER’S question(s) that may be pertinent in submitting a BID and relevant to proprietary aspect of its BID must be submitted in writing, conspicuously marked as “CONFIDENTIAL.” The question must be accompanied by a statement explaining why the question is sensitive.

1.5.4.3.1 If SL&W concur such disclosures would expose proprietary information, both the question and answer will be kept confidential.

1.5.4.3.2 If SL&W DOES NOT concur with the question and answer being of proprietary nature, all RESPONDERS will notified by ADDENDUM of the question and answer.

6. BID EVALUATION & SELECTION PROCESS

1.6.1 SENECA LIGHT & WATER (SL&W) intends to award this PROJECT to a responsible and responsive submittal. This solicitation does not commit SENECA LIGHT & WATER to award a contract for goods or services listed herein, or to pay any costs incurred in the preparation of a BID submittal.

1.6.2 BIDS will be evaluated based upon content of the submittal. Prices shall be of an amount

Seneca Light & Water Engineering 7 of 29 sufficient to fund all labor, equipment, transportation, services, licenses, fees, material, parts, incidentals, and all appurtenances associated with the PROJECT completion.

RESPONDERS are encouraged to explicitly address specific requirements with the appropriate narrative explanation, special equipment description, pricing, warranty, and proposed services.

1.6.3 BIDS may be held for a period not to exceed ninety (90) days from the date of the BID opening. BIDS will be reviewed, and if needed, interviews scheduled with ‘short listed’ RESPONDERS. SL&W will not be responsible for any cost associated with RESPONDER’S interviews. In the event of ‘close or tie’ BIDS, the OWNER reserves the right to short-list the responses and interview those RESPONDERS as part of the selection process.

1.6.4 SL&W reserves the right to waive minor technicalities, informalities, and irregularities; also the right to reject any or all BIDS, or any part thereof, negotiate changes in BIDS, accept any BID or any part thereof deemed necessary and in its best interest. Accordingly, SL&W reserves the right not to award a contract if such action is in its best interest.

1.6.5 SL&W reserves the right to re-advertise for BIDS where the acceptance, rejections, waiving or re-advertising of such would be in its best interest.

1.6.6 The RESPONDER selected to become the PROJECT CONTRACTOR shall have demonstrated from BIDS received their ability to reliably complete each facet of the PROJECT with respect to integrity, reputation, experience and past job performances.

7. BID WITHDRAWAL & GRIEVANCE

1.7.1 RESPONDERS may withdraw their response any time prior to the BID due date and time. The NOTICE must be signed by the RESPONDER, along with acceptable proof of identification of the person requesting the withdrawal as verification as to that person being an authorized representative of the RESPONDER. At the request for withdrawal, the reason(s) for the withdrawal must be specifically stated.

1.7.2 The RESPONDER may thereafter submit a new or modified BID, provided it is received prior to the submission deadline. Modifications offered in any other manner, oral or written, will not be considered.

1.7.3 BIDS cannot be changed or withdrawn after the due date and time.

1.7.4 Any prospective bidder, contractor or subcontractor who is aggrieved in connection with the solicitation of this PROJECT may protest to the Owner in accordance with the SC Code of Laws, within 15 days of the date of issuance of the Notice of Intent to Award.

8. MATERIAL PRICE ADJUSTMENTS

1.8.1 SL&W reserves the privilege of “OPEN BOOK” pricing disclosure by the CONTRACTOR of all costs and markups for materials, labor, services or method identified as a specialty item.

1.8.2 Open Book pricing is defined as full disclosure of all cost, including all costs of subcontractors, vendors, materials, installations, services, deliveries, freight, fees, etc.

Costs will be evaluated through price analysis to compare cost with reasonable criteria such

Seneca Light & Water Engineering 8 of 29 as established catalog and marked prices or historical prices to ensure the Contractor’s prices are reasonable and acceptable and that markups are being properly applied.

9. PROJECT CONTRACTOR

1.9.1 The RESPONDER to whom the PROJECT is awarded shall become the “PROJECT CONTRACTOR”, being an individual, company, partnership, association, corporation or firm, registered with the State of South Carolina as a licensed ENTITY permitted to do business in the State of South Carolina. Such qualification shall be a prerequisite to the submission of a BID.

Notwithstanding, the fact that applicable statues may exclude the successful RESPONDER from being authorized and/or permitted to do business in the State of South Carolina

1.9.2 The attention of the RESPONDER is directed to the provisions of the acts for licensing of the State of South Carolina and all requirements of such acts which have bearing upon this PROJECT shall be deemed a part of this PACKAGE as if written herein in full.

1.9.3 By submission of a BID, the RESPONDER acknowledges and understands the AGREEMENT FOR

CONSTRUCTION SERVICES will be governed by and interpreted in accordance with the laws of the State of South Carolina. As the PROJECT CONTRACTOR(S), the RESPONDER(S) agrees to the jurisdiction of the State of South Carolina courts as to all matters and conflicts under the CONSTRUCTION AGREEMENT including liability for taxes, licenses, or fees levied.

1.9.3.1 The submittal of a BID to this solicitation is a representation that the RESPONDER is deemed legally qualified to enter into the prescribed CONSTRUCTION AGREEMENT and to perform any/or all portion of the WORK contemplated for the PROJECT referenced herein.

1.9.3.2 “Licensing Act” means the individual statue or regulations, or both, of each regulated profession or occupation which includes, but not limited to, board governance, the qualifications and requirements for authorization to practice, prohibitions, and disciplinary procedures.

10. BONDS & SURETY

1.10.1 The PROJECT CONTRACTOR will be required to provide PERFORMANCE BONDS (100% OF TOTAL BID), PAYMENT BONDS, CERTIFICATE OF INSURANCE, and/or other FEES and/or LICENSES. The CONTRACTOR will be expected to execute a binding CONSTRUCTION AGREEMENT within 10-days from the date of the ‘NOTICE OF INTENT TO AWARD’.

1.10.2 The PROJECT CONTRACTOR shall be in default for failure to execute an AGREEMENT FOR

CONSTRUCTION SERVICES and submit the required PERFORMANCE BOND and/or other SURETY forms within the specified time; and SL&W reserves the right to negotiate with an alternate RESPONDER without malice received from, or directed towards the aforementioned defaulter.

1.10.3 Attorneys-in-fact who sign any of the required SURETIES must file with each of the SURETIES a certified and effective dated copy of their Power-of-Attorney.

END OF SECTION 1.0 – INFORMATION FOR BIDDERS

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SECTION 2.0 - CONDITIONS

1. GENERAL INFORMATION

2.1.1. Specifications and addenda contained herein shall form part of the AGREEMENT FOR

CONSTRUCTION SERVICES and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth.

2.1.2. The CONTRACTOR, by his/her signature acknowledges and agrees to accept all appendix, attachments (project information, agreements, documents, and/or stipulations), annexed hereto that will be made a part of the CONSTRUCTION AGREEMENT document.

2. CONTRACTOR

2.2.1. Submission of a signed BID in response to this solicitation is certification that the Contractor is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this proposed scope of work by any State or Federal Department, and the CONTRACTOR is deemed legally qualified to enter into the prescribed AGREEMENT FOR CONSTRUCTION SERVICES for all portions of WORK.

2.2.2. The RESPONDER selected to become the PROJECT CONTRACTOR shall enter into a CONSTRUCTION AGREEMENT with SENECA LIGHT & WATER resulting from this solicitation with the acceptance of all risks that may be encountered in basing order of WORK, equipment or personnel determinations, time of performance, cost of performance, working days needed, BASE prices or any other relevant elements of the WORK which may not be expressly warranted.

2.2.2.1. All documents, forms, specifications, or other published items included by reference and matters not expressly included herein but which are reasonably inferable wherefrom shall be deemed included as requirements, and when occurring in one shall be as binding as though occurring in all.

2.2.2.2. The CONTRACTOR shall for and in consideration of payment, mutual covenants and agreements contained herewith, at the CONTRACTOR’S own proper cost, expense, skill and diligence, supply the labor, material, equipment, tools, incidentals, and appurtenances for performance of the WORK.

2.2.3. The CONTRACTOR shall agree to commence the WORK following receipt of the ‘NOTICE TO

PROCEED’. SL&W may issue a ‘NOTICE TO CONTINUE’ (if time extension for WORK is needed); this issuance shall be the written notice to the CONTRACTOR to continue service of all items.

3. INVOICE

2.3.1. The selected RESPONDER, as the PROJECT CONTRACTOR, shall agree to accept the total sum, as amended, as full compensation for the procurement and installation of materials, labor, equipment, transportation, services, licenses, fees, parts, incidentals, and all appurtenances associated with performing all the PROJECT WORK described herein.

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2.3.2. SENECA LIGHT & WATER desires invoices, with reference to the services provided. Frequency and submittal procedures will be discussed with the PROJECT CONTRACTOR.

4. AUTHORITY

2.4.1. For the purpose of this PROJECT, a SENECA LIGHT & WATER designated representative shall respond to all requests for orders and directions contemplated under the AGREEMENT FOR

CONSTRUCTION SERVICES and SPECIFICATIONS relative to the execution of the WORK.

5. MATERIAL / WORK QUALITY

2.5.1. All WORK shall conform to South Carolina Department of Transportation’s “A Policy for Accommodating Utilities on Highway Rights-of-Ways” and any applicable sections of the SCDOT’s “Standard Specifications for Highway Construction, Edition of 2007”, as revised/amended.

2.5.2. All traffic control plans shall be in compliance with the Manual on Uniform Traffic Control Devices (MUTCD). The CONTRACTOR shall ensure material and construction practices conform to the latest published standards for the installation of potable waterlines.

2.5.3. The Contractor will be required to acknowledge and agree that all WORK performed will be completed in the most highly professional manner.

2.5.4. SENECA LIGHT & WATER shall in all cases determine the acceptable quality and quantity of the WORK including all materials furnished by the Contractor.

2.5.4.1. SL&W reserves the right to have inspectors at the WORK SITE relevant to this PROJECT to observe the quality and character of the WORK performed and materials used.

2.5.4.2. The Contractor shall afford the designated SL&W inspector(s) all the rights of access and review of facilities for carrying out their inspection duties of the WORK and materials.

2.5.5. The Contractor shall be required to re-execute any WORK which does not conform to the specifications, remedy any defects resulting from faulty materials or workmanship which become evident, and immediately remove and redo at the Contractor’s own expense all WORK or materials not in conformity with the CONSTRUCTION AGREEMENT.

6. TERMINATION

2.6.1. This solicitation is subject to cancellation without damages or further obligation when funds are not appropriated or otherwise unavailable to support continuation of performance in a subsequent fiscal period, appropriated year, or simply the lack of funds.

END OF SECTION 2.0 – CONDITIONS

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SECTION 3.0 - GENERAL PROVISIONS

1. SCOPE OF WORK

3.1.1. The SCOPE of WORK as contained herein is implied as requirement for the completion of the referenced PROJECT. The ‘INVITATION FOR BID’ package and all supplementary documents will become essential parts of an AGREEMENT FOR CONSTRUCTION SERVICES and are intended to be cooperative to describe and provide for a complete WORK; and the requirements occurring in one are as binding as though occurring in all.

3.1.2. Seneca Light & Water seeks bid submittal from interested and qualified contractors to provide, deliver, and fully warrant construction services as prescribed to replace 2” galvanized mains along Bolick St. and W North 1st Street in Seneca. submittal shall include all costs for labor, materials, tools, permits, licenses, and equipment necessary for the project completion.

ALL WORK MUST BE COMPLETED AND BILLED TO SL&W BY FRIDAY, OCTOBER 30, 2026.

3.1.2.1. The PROJECT may require “in-the-field-design”.

3.1.2.1.1. Install ±1,450-feet of two (2”) inch SDR 21 (PVC). Combined total for both locations. See ‘Project Material List’ for appurtenances.

3.1.2.1.2. Install applicable gate valves, blow off valves and fittings at designated locations.

3.1.2.1.3. Replace 19 existing ¾” services, piping and fittings (include new angle valve, yoke bar and residential dual check per SL&W detail) See ‘Project Material List’ for appurtenances.

3.1.2.1.4. Install concrete monuments and donuts on all new gate and blow off valves.

3.1.2.1.5. Backfill project site for positive compaction; re-establish disturbed areas, if applicable.

3.1.2.1.6. Installation shall be in accordance with site’s proposed layout (see ‘Attachment’ section. And testing of new installations shall be per SL&W requirements.

3.1.3. The CONTRACTOR shall, in good workmanlike manner, do and perform all WORK, and complete all WORK required for PROJECT in accordance with prescribed plans and drawings.

3.1.4. WORK shall mean the furnishing of all labor, supplies and material, machinery, equipment, transportation, services, licenses, fees, facilities; and means, except as herein otherwise expressly specified, necessary or proper to perform and successful complete the PROJECT or any portion of the PROJECT involved and the carrying out of all the duties and obligations imposed by an AGREEMENT FOR CONSTRUCTION SERVICES.

3.1.5. The CONTRACTOR must inform himself fully of the conditions relating to the construction of the PROJECT and employment of labor thereon. Failure to do so will not relieve him of the obligation to furnish all material and labor necessary to carry out the provisions of the

AGREEMENT.

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3.1.6. The following elements comprise the main tasks that are to be provided by the successful BIDDER, (herein “CONTRACTOR”). These elements are not all-inclusive, but are a representative sample of the major areas requiring professional service. The CONTRACTOR will not be limited to these tasks alone, but based on its experience, shall provide advice and assistance as needed for maximum usability and information.

3.1.6.1. Without invalidating an AGREEMENT FOR CONSTRUCTION SERVICES, SL&W may order extra work or make changes by altering, adding to, or deducting from the WORK. Other construction specifics outside the described SCOPE-OF-WORK may be determined in the field by SL&W.

3.1.6.2. The CONTRACTOR shall warranty all materials and workmanship to be free of defects for a minimum period of ONE YEAR (12 MONTHS) from the date of PROJECT completion (ALL PROJECT WORK) as specified herein. By an AGREEMENT signature, the CONTRACTOR agrees to promptly repair, to the satisfaction of SL&W, any defects in materials or workmanship at the CONTRACTOR’S expense.

2. CONTRACTOR’S OBLIGATIONS

3.2.1 The CONTRACTOR shall procure all required and incidental items necessary to lawfully conduct business relevant to the fulfillment of the AGREEMENT FOR CONSTRUCTION SERVICES; and if deemed legally qualified, the CONTRACTOR acknowledges that all such applicable requirements must be adhered to and shall be part of the specifications as if written therein in full. Attention is directed to the “licensing act” provisions of the State of South Carolina (Reference: S.C. Code of Law).

3.2.2 Submittal of a signed BID in response to this solicitation is certification that the CONTRACTOR is not currently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any State or Federal Department, and the CONTRACTOR is deemed legally qualified to enter into the prescribed CONSTRUCTION AGREEMENT for all portions of WORK.

3.2.3 The CONTRACTOR, in execution of the WORK, shall conform to all applicable laws, ordinances, rules, and regulations of all authorities having jurisdiction over the scope of the PROJECT;

adhere to all construction codes and safety codes which may apply; protect adjoining and adjacent property; maintain passageways, guard fences or other protective facilities.

3.2.4 The CONTRACTOR shall be responsible for, but not limited to, coordinating the PROJECT construction (utility coordination, right-of-way management, construction teams, etc.), furnishing all labor, materials, equipment, tools, transportation and supplies in accordance with drawings, plans, specifications and terms of the AGREEMENT.

3.2.5 It shall be agreed and is understood that all performed services shall be professional and ethical; and the PROJECT shall be in accordance with industry standards.

3.2.6 All damages caused by the CONTRACTOR shall be restored, repaired, rebuilt, or caused to be restored, repaired, or rebuilt, at no additional expense to SL&W, to a condition similar or equal to the condition before such damage or injury was done; and shall use equal quality

Seneca Light & Water Engineering 13 of 29 and type of material, or as may be directed.

3.2.7 If the CONTRACTOR desires to utilize a SUBCONTRACTOR [An individual, firm, or corporation having a direct contract with CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK of this PROJECT] for any part of the WORK specified herein, the SUBCONTRACTOR shall adhere to all applicable laws, ordinances, rules, regulations of all authorities having jurisdiction over that scope of the PROJECT, and shall be a LICENSED CONTRACTOR in the State of South Carolina. Reference: South Carolina Department of Labor Licensing and Regulation, and South Carolina Contractors Licensing Board (S.C. Code of Laws, Title 40).

3.2.7.1 The PROJECT CONTRACTOR shall remain fully liable and responsible for WORK done by the SUBCONTRACTOR(S) and shall ensure compliance with all applicable requirements of the AGREEMENT. Failure of the SUBCONTRACTOR to complete any portion of WORK does not relieve the PROJECT CONTRACTOR of obligatory delivery and/or performance of all remaining WORK.

3.2.7.2 No single SUBCONTRACTOR shall be awarded WORK in excess of twenty-five percent (25%) of the total CONSTRUCTION AGREEMENT amount without prior-written approval from SL&W. The PROJECT CONTRACTOR, by signature, is obligated to pay SUBCONTRACTOR(S) for the proportionate share of WORK completed by SUBCONTRACTOR(S).

3.2.7.3 SL&W reserves the right to reject any and all petition(s), in whole or in part, by the SUBCONTRACTOR(S) for compensation relevant to WORK performed per an AGREEMENT with the PROJECT CONTRACTOR.

3. QUALITY ASSURANCES & CONTROL

3.3.1 The requirements of this section are primarily related to the performance of the WORK beyond the furnishing of manufactured products. PROJECT CONTRACTOR shall ensure material and construction practices conform to the latest published standards.

3.3.2 WORK herein consists of all applicable construction methods to make improvements as proposed. The CONTRACTOR must comply with applicable units of ANSI, ASTM, AASHTO, USDOA/FS standards, MUTCD, and SCDOT specifications.

3.3.3 Material delivery shall be scheduled so as to minimize long-term storage at the project site prior to installation. PROJECT CONTRACTOR shall handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and losses. All material shall be new and unused.

3.3.4 Where installation includes manufactured products, the CONTRACTOR shall comply with the manufacturer’s applicable instructions and recommendations for installation.

4. MEASUREMENT & PAYMENT

3.4.1 Quantity of WORK completed for all PROJECT items shall be measured in accordance with the units indicated on the BID MATERIAL SCHEDULE in the BID package.

3.4.2 Material prices shall be reviewed for assurance of current market values and payments shall

Seneca Light & Water Engineering 14 of 29 be full compensation for furnishing all materials, labor, tools, equipment, supplies, incidentals, and all appurtenances. All WORK shall be performed in a neat and workmanlike manner.

3.4.3 All quantities listed herein are estimated. SL&W reserves the right to increase, decrease, or omit quantities as herein provided without limit and with no change in the AGREEMENT unit price.

3.4.4 Measures to simplify processing will be discussed with the PROJECT CONTRACTOR. All billing questions are to be directed to Scott McLane, Engineering Supervisor.

5. LEGAL RELATIONS & RESPONSIBILITY TO PUBLIC

3.5.1 PROJECT CONTRACTOR shall be responsible for the acts and omissions of its employees, subcontractors and their agents and employees and all other persons performing WORK.

3.5.2 The PROJECT CONTRACTOR hereby shall indemnify, holds harmless, and defend Seneca Light & Water, its officers, agents, and employees against any and all liability, costs, damages, suits, expenses, claims or actions, including attorney’s fees, or losses of any kind or nature whatsoever (“LOSS”) which may in any way arise from bodily injury, including death or property damage to any person or persons which SL&W, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act, error, or omission of CONTRACTOR, its agents, servants or employees, in the execution, performance, or failure to adequately perform CONTRACTOR’s obligations pursuant to the AGREEMENT FOR

CONSTRUCTION SERVICES; except to the extent the same are caused by the negligence or misconduct of SL&W.

3.5.3 The CONTRACTOR shall provide reasonable assistance and cooperate with SENECA LIGHT & WATER in the defense of; resolution of; and/or settlement of; any such claim of LOSS. Information obtained from an officer, agent, employee of SL&W, or any other person shall not affect the risks or obligations assumed by the PROJECT CONTRACTOR or relieve the CONTRACTOR from fulfilling any conditions of the AGREEMENT FOR CONSTRUCTION SERVICES.

3.5.4 The CONTRACTOR shall comply with all state, federal, or local laws or ordinances, codes, rules, or regulations governing performance of this work.

6. PROJECT SCHEDULING & NOTIFICATION

3.6.1 Project completion time/date shall be contingent upon a mutual agreement between SL&W and the PROJECT CONTRACTOR.

3.6.2 Work may be performed as weather permits. Saturday and Holiday work is not guaranteed, Seneca Light & Water Engineering is to receive notification / schedule of intent to work.

3.6.3 NO WORK ON SUNDAYS.

3.6.4 The CONTRACTOR is responsible and assume the risk of contacting the proper authority for utility facility presence and location within the PROJECT CONSTRUCTION ZONE, and shall make

Seneca Light & Water Engineering 15 of 29 specified contacts for any required preparation and/or adjustments.

7. PROJECT AUTHORITY

3.7.1 Seneca Light & Water Engineering has authorization to issue orders, respond to requests, and render directions contemplated relative to the SPECIFICATIONS.

3.7.2 SL&W Engineering shall determine the amount, quality, acceptability and fitness of the kinds of WORK and materials that are to be paid for under the AGREEMENT; and decide all questions in relation to said WORK and the construction thereof; and its decisions shall be final and conclusive.

3.7.3 SL&W Engineering shall decide the meaning and intent of any portion of the SPECIFICATIONS and of any part or drawings where the same may be found obscure or be in dispute.

Discrepancy determinations or decisions of the Seneca Light & Water Engineering shall be a condition precedent to the right of the CONTRACTOR to receive any money or payment for WORK covered by the AGREEMENT affected in any manner or to any extent by such question.

3.7.4 Without limiting the generality of other provisions herein requiring the CONTRACTOR to comply with all local, state, and federal rules, the PROJECT CONTRACTOR may be required to acknowledge that it is familiar with and certify that it does not know of any conflicts that will invalidate its ability to perform and abide by SL&W request to coordinate and/or work with other onsite

CONTRACTORS.

3.7.5 Any differences or conflicts with regard to WORK which may arise between the PROJECT

CONTRACTOR and other onsite CONTRACTORS may be adjusted and determined by Seneca Light & Water Engineering.

END OF SECTION 3.0 – GENERAL PROVISIONS

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SECTION 4.0 - TERMS / INSTRUCTIONS

1. BID REVIEW AND AWARD:

BIDS shall be publicly opened and the names of the RESPONDERS will be disclosed at the opening. The intent is to award a CONTRACT to the RESPONDER that meets the requirements and criteria set forth.

However, no decision will be made until SL&W has had ample time to review each BID. Further, the right is reserved to award in whole or in part, by item, group of items, or by sections, wherein such action serves the best interest of SL&W.

2. RIGHTS RESERVED:

SENECA LIGHT & WATER reserves the right to waive any technicalities, and make awards in its best interest. Integrity, reputation, experience and past performance will weigh heavily in BID evaluations.

This solicitation does not commit SL&W to award an AGREEMENT FOR CONSTRUCTION SERVICES, to pay any costs incurred in the preparation of the bid, or to procure or contract for goods or services listed herein.

3. RESPONDERS RESPONSIBILITY:

Each RESPONDER shall be fully acquainted with the conditions relating to the scope and restrictions attending the execution of the WORK. The failure or omission of a RESPONDER to be acquainted with existing conditions shall in no way relieve the RESPONDER of any obligations with respect to this BID or to any AGREEMENT FOR CONSTRUCTION SERVICES as a result of.

4. WAIVER / REJECTION:

SL&W reserves the right to waive any portions of Instructions to RESPONDERS, General or Special Terms and Conditions, Specifications, or Technicalities when it is deemed to be in its best interest.

SL&W reserves the right to reject any BID itemized with prices or services that are inconsistent or unrealistic when compared to pricing of like kinds; reject ambiguous BIDS which are uncertain as to terms, delivery, quantity, or compliance with specifications; or reject BID if such action is in its best interest.

5. BID FORM:

BIDS will be accepted on bound 8½”x11” paper. The RESPONDER must sign his BID with his legal and legible signature.

6. QUESTIONS:

Questions relevant to the PROJECT shall be submitted to: Jeremy Wirtz, 251 East North Second Street, P.O. Box 4773, Seneca SC 29679; by Fax to 864.885.0357; or Email jwirtz@seneca.sc.us.

7. SPECIFICATION CHANGES, ADDITIONS AND DELETIONS:

All changes in specifications will be written in the form of an addendum and furnished to all

RESPONDERS.

9. NUMBER OF COPIES:

Please submit two (2) copies of BID.

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10. BID CHANGES:

BIDS, amendments thereto, or withdrawal requests received after the advertised time for BID opening, shall be void regardless of when they were mailed.

11. BID PRICE:

The BID price presented shall be for the PROJECT completion and life of the AGREEMENT FOR CONSTRUCTION

SERVICES period. The BID shall be acceptable for ninety (90) days from the date of opening. All prices and notations shall be printed in ink or typewritten; errors should be crossed out, corrections entered and initialed by the person signing the BID. By submittal of a BID, the RESPONDER warrant that all goods and services will meet the requirements of this solicitation.

12. FEDERAL, STATE AND LOCAL LAWS:

The Contractor assumes full responsibility and liability for compliance with any and all applicable local, state and federal laws and regulations; and including, but not limited to, compliance with the EEO guidelines, the Occupational Safety and Health Act of 1970, and minimum wage guidelines.

13. TIED BIDS:

In the case of tie BIDS, SENECA LIGHT & WATER reserves the right to make the award based on what it considers to be in its best interest.

14. DEDUCTION AND HOLDBACKS:

SENECA LIGHT & WATER shall be entitled to full reimbursement for any costs incurred by reason of the

Contractor’s failure to perform or to satisfactorily perform its responsibilities and duties. Such costs may include, but are not limited to, the cost of using alternate sources to complete the WORK.

Reimbursement may be obtained by deduction from payments due to the Contractor or by any other proper and lawful means. All deductions from any money due shall be as liquidated damages and not as a penalty. Whenever practicable, a reasonable opportunity shall be given to correct any noted deficiencies, and in no instance shall a noted deficiency extend for more than five (5) working days.

The following deductions shall be applicable if the Contractor fails to correct the deficiencies within the required time limits, and SL&W completes the work using alternate sources.

1. For use of OWNER'S alternate sources - actual cost involved.

2. For use of another Contractor - the amount charged by said Contractor.

SL&W reserves the right to hold back and/or withhold part of complete payments for unsatisfactory work, deficiencies, etc. until said defects are satisfactorily corrected or cleared.

15. QUALITY:

Unless otherwise indicated, it is understood and agreed that any items offered or supplied for this PROJECT shall be new and in first class condition unless otherwise indicated herein.

16. MBEIWBE PARTICIPATION -AFFIRMATIVE ACTION:

The successful RESPONDER will take affirmative action in complying with all Federal and State requirements concerning fair employment and treatment of all employees, without regard or discrimination by reason of race, color, religion, age, sex, national origin or physical handicap.

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17. DEFAULT:

In the event of default by the Contractor, SENECA LIGHT & WATER may procure the items or services from other sources and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by proceeding against the Contractor’s Performance Bond, if any, and/or by suit against Contractor.

18. TERMINATION FOR CAUSE:

The AGREEMENT FOR CONSTRUCTION SERVICES is subject to termination for failure to comply with specifications, terms and conditions of SENECA LIGHT & WATER. Such termination will be effective not less than ten (10) days and not more than sixty (60) days after receipt by the Contractor of written notice from SL&W; or not less than thirty (30) days and not more than sixty (60) days after receipt by SL&W from the Contractor. Receipt of notice by one party to terminate the AGREEMENT will nullify any subsequent reciprocal notice by the receiving party prior to the announced termination date. In the event of termination, SL&W is responsible to pay the Contractor only for work satisfactorily completed upon the effective date of termination, and shall not be responsible for any other charges.

19. TERMINATION FOR CONVENIENCE:

SENECA LIGHT & WATER may terminate for convenience any AGREEMENT FOR CONSTRUCTION SERVICES resulting from this solicitation by providing a 10-day advance written notice to the Contractor.

20. NON-APPROPRIATION:

Any AGREEMENT entered into by SENECA LIGHT & WATER resulting from this solicitation is subject to cancellation without damages or further obligation when funds are not appropriated or otherwise made available to support continuation of performance.

21. INCORPORATION OF BIDS INTO CONTRACT:

The terms, conditions, and specifications of this solicitation and the selected firm's response will be incorporated, in total, into the AGREEMENT FOR CONSTRUCTION SERVICES.

22. S.C. LAW CLAUSE:

Upon award of an AGREEMENT FOR CONSTRUCTION SERVICES, the person, partnership, association or corporation to whom the award is made must comply with the laws of South Carolina which require such person or entity to be authorized and/or licensed to do business with this State.

Notwithstanding, applicable statutes may exempt or exclude the successful RESPONDER from requirements that it be authorized and/or licensed to do business in this State; by submittal of a BID, the RESPONDER understands and agrees to be bound to the jurisdiction and process of the courts of the State of South Carolina, as to all matters and conflicts or future conflicts under the AGREEMENT FOR

CONSTRUCTION SERVICES and the performance thereof, including any questions as to the liability for taxes, licenses, or fees levied by the State.

23. ILLEGAL IMMIGRATION REFORM ACT COMPLIANCE:

By submitting a BID, the RESPONDER certifies that it will comply with the applicable requirements of Title 8, Chapter 14 of the South Carolina Code of Laws (originally enacted as Section 3 of The South Carolina illegal Immigration Reform Act , 2008 S.C. Act No. 280) and agrees to provide upon request any documentation required to establish either: (a) the applicability of Title 8, Chapter 14 to

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Contractor and any Subcontractors or sub-Subcontractors; or (b) the compliance with Title 8, Chapter 14 by Contractor and any Subcontractor or sub-Subcontractor. Pursuant to Section 8-14-60, "A person who knowingly makes or files any false, fictitious, or fraudulent document, statement, or report pursuant to this chapter is guilty of a felony and upon conviction, must be fined within the discretion of the court or imprisoned for not more than five years, or both." Contractor agrees to include in any contracts with its Subcontractors language requiring the Subcontractors to (a) comply with the applicable requirements of Title 8, Chapter 14, and (b) include in any contracts with the sub- Subcontractors language requiring the sub-Subcontractor to comply with the applicable requirements of Title 8, Chapter 14. In the event any Contractor, Subcontractor, and/or sub- Subcontractor is found not to be in compliance with the SC Immigration Reform Act [hereinafter “the Act"], the Contractor shall agree to fully indemnify the CITY OF SENECA for any loss suffered as a result of such Contractor, Subcontractor or sub-Subcontractor's failure to comply with the Act.

24. ASSIGNMENT CLAUSE:

The successful RESPONDER will be required to give a fifteen (15) day notice in the event of a change in the ownership of negotiated AGREEMENT FOR CONSTRUCTION SERVICES. SENECA LIGHT & WATER is under no obligation to continue the AGREEMENT with an assignee. No AGREEMENT or its provisions may be assigned, sublet, or transferred without the written consent of SL&W.

25. INDEMNIFICATION:

The Contractor shall agree to indemnify and save harmless the CITY OF SENECA and its officers, agents and employees from any and all claims, suits, actions, legal proceedings, damages, costs, expenses & attorney fees of every name and description, arising out of or resulting from the use of any materials furnished by the Contractor, or any work done in the performance of the AGREEMENT FOR

CONSTRUCTION SERVICES arising out of a willful or negligent act or omission of the provider, its officers, agents and employees; provided that such liability is not attributable to a willful or negligent act or omission on the part of SL&W, its officers, agents and employees.

26. DEVIATIONS FROM SPECIFICATIONS:

Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with project specifications, and the successful RESPONDER will be held responsible therefore. Deviations must be explained in detail on separate attached sheets(s). The listing of deviations, if any, is required but will not be construed as waiving any requirements of the specifications. RESPONDERS offering substitute or equal items must provide information sufficient enough to determine acceptability of item offered.

27. MINOR DEVIATIONS:

SENECA LIGHT & WATER reserves the right to negotiate minor deviations from the prescribed terms, conditions and requirements with the selected Contractor.

28. CONTRACTOR LICENSE REQUIREMENT:

The Contractor shall procure all permits and licenses, and pay all charges and fees necessary and incidental to the lawful conduct of his business. He shall keep himself fully informed of existing and future Federal, State, and Local Laws, ordinances and regulations which in any manner affect the fulfillment of his contract and shall comply with the same.

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29. CONFLICT OF INTEREST STATEMENT:

The Contractor may become involved in situations where a conflict of interest could occur due to individual or organizational activities. The RESPONDER, by submitting a BID, is in essence assuring SL&W that his company, and/or subcontractors, is in compliance with all federal, state, and local conflict of interest laws, statutes, and regulations.

30. INSURANCE:

The Contractor shall not commence work under the associated AGREEMENT FOR CONSTRUCTION SERVICES until it has submitted a Performance Bond (100% of total BID), Certificate of Insurance (Worker’s Compensation, Automobile Liability, and Professional Errors and Omissions, as regards ongoing operations, products and completed operations), and…