Invitation for Bid Page 1 Revised 2/1/2021

Invitation for Bid Number 2027015

Spartanburg County, South Carolina

Sealed Bids must be delivered to the Office of Purchasing, Office address below, or mailed to the mailing address below. Facsimile and other electronic forms of Bids will not be accepted. All sealed Bids must be received before 11:00am, EST., September 1, 2026, and then will be publicly opened. Sealed Bids are subject to the conditions and all provisions set forth herein and attached. All qualified Bidders are invited to submit bids to Spartanburg County for the following:

SPARTANBURG COUNTY

GOWENS ROAD CONCRETE PAD

Description of Project: Spartanburg County is seeking qualified contractors for the completion of a concrete pad to be located at 199 Gowens Road Spartanburg, SC 29376

Submit: One (1) unbound original and one (1) unbound copy of the Bid, no tabs, must be received before 11:00am, EST., September 1, 2026.

Address To: Spartanburg County Government

Purchasing Department Room 1220 Attention: Gina Bennett, Procurement Manager

Mailing Address: P.O. Box 5666 Spartanburg, South Carolina 29304

Office Address: 366 North Church Street Room1220

Spartanburg, South Carolina 29303

Mark Envelope: Outside of sealed Bid envelope must be marked:

IFB # 2027015 “SPARTANBURG COUNTY GOWENS ROAD

CONCRETE PAD” followed by your firm name and address.

Deadline Enforced Bids or withdrawal requests, received by the Purchasing Department after the time and date set for receipt of bids, are late and WILL NOT be accepted. Late bids are void and will be returned unopened to the Bidder, regardless of when they were mailed or delivered. It is the Bidder’s responsibility to ensure timely receipt by the Purchasing Department of a bid.

Invitation for Bid Page 2 Revised 2/1/2021

Bid Submittal Documents Checklist:

Items must be provided, in the order listed, as a Bid package, or Bid may be disqualified.

Bid shall not exceed, with requested options, 50 pages. Provide one original and one copy of ALL submittal documents, all unbound, no tabs.

All fourteen (14) Bid submittal documents must be included with the bid, or Bid may be disqualified.

1. Bid for IFB # 2027015- (Exhibit B)

2. Project Schedule (detailed schedule, to include critical path)

3. Corporate / Company Resolution (check box on Exhibit B – if applicable, See Sample

Exhibit C)

4. Bidder Information:

a. Bidder shall provide list of locations and total number of employees.

b. Type of Organization (Check the applicable box):

□ Sole Proprietorship

□ Partnership

□ Corporate entity (not tax-exempt)

□ Corporate entity (tax-exempt)

□ Government entity (Federal, State or Local)

□ Other _____________________________

5. Bidder’s Fraud Acknowledgment Form - (Exhibit E)

6. Drug Free Workplace Act Statement – (Exhibit F)

7. Good Faith Effort Document (Exhibit G)

8. Self-Performance Affidavit (Exhibit H)

9. Certificate of Insurance – (Exhibit I, contains an example)

10. Existence of Subcontractors Form – (Exhibit J)

11. Experience/ References – (Exhibit K)

12. Bidder must be registered with County [Bidder must complete or update Vender

Registration Form and W-9] – (Exhibits L & M)

13. Worker’s Compensation Statement of Independent Contractor – (Exhibit N)

14. Spartanburg County Standard Contract – (Exhibit O)

Invitation for Bid Page 3 Revised 2/1/2021

General Terms and Conditions

Term of Bid: Any bid submitted as a result of this Invitation for Bid (IFB) shall be binding on the Bidder for sixty (60) calendar days following the specified opening date. Any bid for which the Bidder specifies a shorter acceptance period will be rejected. At the end of the sixty

(60) calendar day period, bids may be withdrawn by submitting a written request to the Procurement Manager. The written request to withdraw the bid must be received, regardless of when it was mailed, by the Procurement Manager within five (5) calendar days after expiration of the sixty (60) calendar day period, or the bid shall remain in effect until an award is made or the IFB is cancelled.

Every effort has been made to ensure that all information needed is included in this document.

If the Bidder finds that they cannot complete its response without additional information, it may submit written questions or requests for clarification to the County Purchasing Department at the addresses listed on page 1 or submit questions by email to Gina Bennett, Procurement Manager, at gpbennett@spartanburgcounty.gov. Written questions shall be submitted at least five (5) calendar days prior to bid’s submission date. Questions submitted after this date will be rejected as not timely. Where the Bidder fails to seek clarification, the County’s interpretation shall control. The Bidder agrees it will not make any claim for, or have right to withdraw its bid because of any misunderstanding or lack of information. Bids are not to have any exclusions. Exclusions will come from Spartanburg County in the form of an addendum.

Any bids received with exclusions will not be accepted.

Bidders are specifically directed NOT to contact any other County personnel for meetings, conferences, or technical discussions related to this IFB. Failure to follow this requirement may be grounds for rejection of the bid.

The County will not be responsible for or bound by any oral instructions made by an employee(s) of the County in regard to this IFB.

Any statements made by an employee(s) of the County, which may materially change any portion of the IFB, shall not be relied upon unless they are issued as written addendum to the IFB.

A bid received by Spartanburg County is considered a public document under provisions of the South Carolina Freedom of Information Act (FOIA) unless it contains information that may clearly be considered accepted and excluded from disclosure according to State statute.

Bidder(s) shall visibly mark as “Confidential” each part of their bid which they consider proprietary information that could be exempt from disclosure under Section 30-4-40, Code of Laws of South Carolina – the Freedom of Information Act (FOIA). The “Confidential” mark should be in bold font of at least 12-point type, in the upper right hand corner of each page. If any part is designated as “Confidential,” there must be attached to that part an explanation of how the information fits within one or more categories listed in Section 30-4-40. The County reserves the right to determine whether this may be brought against the County or its agent for its determination in this regard. MARKING YOUR ENTIRE BID

CONFIDENTIAL/PROPRIETARY IS NOT IN CONFORMANCE WITH THE SOUTH

CAROLINA FREEDOM OF INFORMATION ACT ABSENT EXPLANATION

PROVIDING AN EXEMPTION UNDER SECTION 30-4-40.

mailto:gpbennett@spartanburgcounty.gov

Invitation for Bid Page 4 Revised 2/1/2021

Purchasing Regulations: This solicitation is subject to the provisions of the Spartanburg County Procurement Ordinance and any revisions thereto. A copy of the Procurement Ordinance may be obtained from the County’s webpage (www.spartanburgcounty.org) or from the Purchasing Department (864) 596-2519.

Applicable Laws and Compliance: This IFB and any proposal submitted in response thereto shall be governed in all respects by the laws of the State of South Carolina. The Bidder shall comply with applicable Federal, State, and local laws and regulations. By submitting this bid, the Bidder certifies it is currently and will remain in compliance with:

The Federal Civil Rights Act of 1964, as amended;

The Federal Immigration Reform and Control Act of 1986;

The Americans with Disabilities Act

Bidder is responsible for securing all required business licenses and permits. If requested, Bidder will furnish a copy to the County.

Public Record: Upon award, or Protest, copies of the bids will be made available for public inspection, under the supervision of County Purchasing Department staff, from 8:30 a.m. until 5:00 p.m., Monday through Friday, at 366 N. Church Street, Room 1220 Spartanburg, South Carolina.

Debarment Status: By submitting a bid, Bidders assert that they are not currently debarred from proposing on contracts by any agency of the State of South Carolina, nor are they an agency of any person or entity currently debarred from submitting bids on contracts by an agency of the State of South Carolina.

Bidder Responsibility: The Bidder must assume that any purchase, responsibility, insurance, and action or activity which is necessary for the satisfactory operation of the services requested in this IFB, but which is not specifically designated as a Spartanburg County responsibility, is a responsibility of the Bidder’s operation, and the Bidder must include these in the response to this IFB.

Disclosure of Conflicts of Interest or Unfair Competitive Advantage: Bidder warrants and represent that bid identifies and explains any unfair competitive advantage Bidder may have in competing for the proposed contract and any actual or potential conflicts of interest that may arise from participation in this competition or receipt of an award. The two underlying principles are (a) preventing the existence of conflicting roles that might bias a contractor’s judgment, and (b) preventing an unfair competitive advantage. If Bidder has an unfair competitive advantage or a conflict of interest, the County may withhold award. Before withholding award on these grounds, a Bidder will be notified of the concerns and provided a reasonable opportunity to respond. Efforts to avoid or mitigate such concerns, including restrictions on future activities, may be considered.

Bidder Qualification: The Spartanburg County Government may make such reasonable investigations, including inspections of the Bidder’s physical plant, as deemed proper and necessary to determine the ability of the Bidder to perform stipulated contract work and the Bidder shall furnish the Spartanburg County Government all such information and data for this purpose as may be requested.

Invitation for Bid Page 5 Revised 2/1/2021

Project Schedule: Based on the days to complete listed on the bid, provide a detailed schedule for completion to include the critical path.

Fraud Policy: Bidders submitting bids to Spartanburg County Government must review the County’s policy related to fraudulent activities and acknowledge their responsibilities for protection against acts of fraud in the conduct of business.

Insurance: By submitting a bid, Bidder agrees to maintain and keep in force during the life of any Contract awarded pursuant to this IFB, with a company or companies authorized to do business in South Carolina, the following insurance policies:

Commercial General Liability:

$1,000,000 per occurrence – (Coverage shall include bodily injury or accidental death and property damage)*

Comprehensive Automobile Liability:

$1,000,000 per occurrence - combined single limit (Coverage shall include bodily injury and property damage and cover all vehicles including owned, non-owned and hired)*

Statutory Worker's Compensation:

Coverage – (Shall apply to all applicable State of SC laws)

Employers Liability:

$500,000 Each Accident* $500,000 Disease, Per Employee* $500,000 Disease, Policy Limit*

Professional Liability Insurance:

$1,000,000 per occurrence (if applicable)

Umbrella Policy:

N/A

* A combination of Umbrella/ Excess and primary limit may be used to provide coverage for the amount shown.

Bidder will provide County a minimum of thirty (30) days advance notice in the event the insurance policies (or an insurance policy) are changed or canceled.

Bidder certifies to the County that all subcontractors approved to perform work on this project comply with all of the requirements in this Section.

Certificate of Insurance: A copy of current Certificate of Insurance must be included with the bid. Certificates of Insurance for all such policies shall be provided by the Bidder’s insurance agent or broker within ten (10) working days from the date of Notice of Award and shall meet the following requirements:

(i) SPARTANBURG COUNTY SHALL BE NAMED AS “ADDITIONAL INSURED” FOR ITS INTEREST on Commercial General Liability and any

Invitation for Bid Page 6 Revised 2/1/2021

Umbrella policies, regarding ongoing operations, products and completed operations, and this shall be noted on the face of the Certificate of Insurance.

(ii) WAIVER OF SUBROGATION. As a part of the Certificate of Insurance requirement the Bidder shall also include acknowledgement and acceptance of the waiver of subrogation provision granted to the County of Spartanburg, its departments, agencies, boards, employees, and commissions for losses from work performed by or on behalf of the Bidder. This acknowledgement and acceptance should be included in the same section of the Certificate of Insurance that evidences the “Additional Insured” provision.

(iii) All Certificates of Insurance submitted shall provide on the face of the certificate reference to COUNTY's IFB# 2027015.

Subcontractors: Bidder shall not subcontract work hereunder without the prior written consent of the County, and any such subcontract without consent of the County shall be null and void.

If Bidder proposes to subcontract any of the work hereunder, it shall submit to the County the name of each proposed Subcontractor, with the proposed scope of work which its Subcontractor is to undertake. Alternatively, the Bidder shall provide a statement that there are no subcontractors.

Service Providers: When applicable, list up to three independent firms, within 300 miles of the Spartanburg County that can provide service work to the Bidder’s system. Provide names and direct telephone numbers.

References: The County requires Bidders to list at least three (3) references, names, addresses and telephone numbers of contact persons for other companies in South Carolina or neighboring states with whom the bidder has performed or provided similar work, service or product (ie. currently operate the same model number of equipment being proposed) within the last five years. References should be listed on Exhibit K.

Experience: List five jobs, similar in size, completed by Bidder, within 100 miles of Spartanburg County, for Governmental entities. List dollar amount, brief description reference name and phone number for each job.

Contractor Qualifications: When applicable a Contractor Qualification Form will be required requesting the following information:

a. SIC/ NAICS Code

b. OSHA Recordable Incident Rate

c. EMR Rate – Provide letters from insurance companies listing proposer and subcontractor EMR ratings. EMR rating letters must be on insurance company letterhead.

d. Worker’s Compensation Loss Run

Factors (a) through (d) shall be used in conjunction with other required submittal documents as part of the determination process. The County reserves the right to evaluate in its absolute discretion the information submitted.

South Carolina License: Bidder is required to submit a copy of its current State of South Carolina license, as necessary for the goods and/or services being procured.

Invitation for Bid Page 7 Revised 2/1/2021

Bid Bond: If applicable, Bidder shall submit with their bid a bid bond, when applicable, in the amount of five percent (5%) of the bid price. This bond may be in the form of Certified Check, Cashier’s Check or Bank Money Order of any national or state bank and shall be made payable to Spartanburg County. Bids submitted without being accompanied by any of the foregoing, as required, shall be considered non-responsive and will be rejected. Any bid accompanied by a bid bond not properly executed in the opinion of the Procurement Manager, may be rejected.

The bond will be forfeited to the County by the successful Bidder as liquidated damages in case a bid award is made to that Bidder and the contract and bond are not properly executed within 15 days, unless extended by the County.

A check or money order will be returned to the unsuccessful bidders after award and will be returned to the successful Bidder after acceptance of the final contract and surety by the Bidder.

Performance and Payment Bond: If applicable, the successful Bidder, within three (3) working days after acceptance of the Bidder’s offer by the County, shall furnish a satisfactory performance and payment bond, when applicable, in the amount of the total bid price. The performance and payment bond must be received by the county prior to the issuance of the executed contract and Notice to Proceed. The three (3) working days may be extended upon written approval by the Procurement Manager. A copy of the written approval shall be transmitted to the successful bidder stating the terms of any extension. In the event that the Bidder fails to deliver to the Purchasing Department the performance and payment bond in said period of three (3) working days after acceptance of the Bidder’s offer by the County, then the bid bond of the Bidder shall be retained by the County in its entirety and the award will be withdrawn from the Bidder. The Bond must be in a format approved by the County before it is made effective. The successful Bidder shall have a corporate surety authorized to act as surety in South Carolina. The Performance and Payment Bond will insure that the successful Bidder will promptly make payments to all persons supplying labor or materials to the Bidder; and shall guarantee to indemnify and save the County, its officers, divisions and employees harmless from all costs, damages and expenses growing out of or by reason of the successful Bidder’s failure to comply and perform the work and complete the contract in accordance with the specifications in the matter of making, furnishing and/or delivering said work or supplies.

A letter from a South Carolina Banking Institution stating the Bidder has the ability to obtain an Irrevocable Letter of Credit in amount of the bid is an acceptable substitute. The South Carolina Banking Institution who issues the letter stating the Bidder has the ability to obtain an Irrevocable Letter of Credit must be a financial institution insured by the FDIC or FSLIC.

An Irrevocable Letter of Credit, made out to Spartanburg County, in the full amount of Bid, will be an acceptable substitute. The Letter of Credit will be subject to the same terms and conditions set forth above for Bonds. The Irrevocable Letter of Credit shall be issued by a financial institution insured by the FDIC or FSLIC.

At the end of the job, all of the Bidder’s subcontractors shall send a letter, on company letterhead, that they have been paid in full and Spartanburg County can release the performance/payment bond.

Ability to Obtain Performance Bond: If applicable, Bidder shall provide a letter from a bonding company authorized to transact business in the State of South Carolina as a surety stating the Bidder has the ability to obtain a performance/payment bond in amount of the bid.

Invitation for Bid Page 8 Revised 2/1/2021

Independent Contractor: The selected Bidder shall be legally considered an independent contractor and neither the Bidder nor its employees shall, under any circumstances, be considered employees of the County; and the County shall at no time be legally responsible for any negligence or other wrong doing by the Bidder or its employees. The County shall not withhold from the contract payment to the Bidder any federal or state unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Bidder.

Further, the County shall not provide to the Bidder any insurance coverage or other benefits, including Worker’s Compensation.

The County shall have the right to reject any Subcontractor which it considers unable or unsuitable to satisfactorily perform its duties. Bidder shall not enter into any cost reimbursable agreements with any proposed Subcontractor without County’s prior written authorization.

Notwithstanding any consent by the County to a proposed subcontract, Bidder shall remain responsible for all subcontracted work and services. Bidder agrees it shall be as fully responsible to the County for the acts and omission of its Subcontractors, their agents, representatives, and persons either directly or indirectly employed by them as it is for the acts and omissions of persons directly employed by Bidder. Neither this provision, the agreement, the County’s authorization of Bidder’s agreement with Subcontractor, County’s inspection of a subcontractor’s facilities or work, or any other action taken by the County in relation to a Subcontractor shall create any contractual relationship between any Subcontractor and the County. Bidder shall include in each of its subcontracts a provision embodying the substance of this provision and provide a copy, upon request, to the County before commencement of any work by a Subcontractor. Bidder’s refusal to comply with this provision shall be grounds for the County’s termination of this agreement for default, without notice or opportunity to cure.

In addition, Bidder indemnifies and holds the County harmless from and against any claims (threatened, alleged or actual) made by any Subcontractor of Bidder (of any tier) for compensation, damages or otherwise, including any cost incurred by the County to investigate, defend or settle any such claim.

Award:

Evaluation:

Spartanburg County shall evaluate each of the bids using the criteria set forth in Exhibit D attached hereto. The County reserves the right to request Bidders to appear for an additional presentation followed by a question and answer period, in order to further evaluate qualifications. The additional presentations, if any, will also be scored and combined with prior scoring to determine the successful Bidder.

Award Criteria:

The contract, if awarded, will be offered to the Bidder that meets the requirements and criteria set forth in the IFB.

SPARTANBURG COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY

OR ALL BIDS, TO GIVE THE BIDDER THE OPPORTUNITY TO CURE ANY

DEFICIENCY RESULTING FROM A MINOR INFORMALITY OR IRREGULARITY

IN A BID OR WAIVE ANY DEFICIENCY, AS SET FORTH IN THE COUNTY

PROCUREMENT ORDINANCE.

Invitation for Bid Page 9 Revised 2/1/2021

Notice of Intent to Award:

If awarded, the Notice of Intent to Award shall be emailed to all Bidders once a decision to award is made. This Notice of Intent to Award shall begin the time to protest the decision to award in accordance with Spartanburg County Code of Laws Section 2-287.

Notice of Award:

If awarded, the Notice of Award will be emailed to all Bidders once a decision to award is made.

Invitation for Bid Page 10 Revised 2/1/2021

Exhibit A

SCOPE OF WORK / SERVICES TO BE PROVIDED

The Bidder who is awarded the contract shall perform and carry out, those services necessary to complete the SPARTANBURG COUNTY GOWENS ROAD CONCRETE PAD.

At a minimum, this work shall include:

Spartanburg County is seeking qualified contractors for the installation of a concrete pad to be located at 199 Gowens Road Spartanburg, SC 29376.

The concrete pad will hold a complete Modular / Interchangeable Bolt-In prop System Training Burn Building.

Concrete Pad Specifications:

The concrete area will be 190 feet long by 45 feet deep

Total of 118 yards

8 inches thick

4000psi with commercia fiber

After award of purchase order, any changes that result in additional cost to Spartanburg County must be submitted in writing to Joel Lynn at jjlynn@spartanburgcounty.gov for prior written approval. Do not proceed with any changes until written notification to proceed is in hand.

mailto:jjlynn@spartanburgcounty.gov

Invitation for Bid Page 11 Revised 2/1/2021

Underserved Business Entities Participation:

a) Underserved Business Entity (“UBE”) – Vendors submitting responses are encouraged to solicit UBE participation in fulfilling their contract. Indicate in your response whether you are a certified UBE firm; whether you will have a certified UBE partner; and any UBE areas of involvement for monitoring purposes.

b) The County recognizes the following certifications:

1. Small and Minority Business Contracting and Certification (SMBCC Certification) (http://osmba.sc.gov/directory.html); or

2. Disadvantaged Business Enterprise (DBE Certification) http://dbw.scdot.org/dbesearch/DirectoryQuery.aspx; or

3. Small Business Enterprise (SBE Certification) http://dbw.scdot.org/dbesearch/DirectoryQuery.aspx

c) The successful vendor will comply 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.

Spartanburg County Underserved Business Entity (UBE) Policy is located on the Spartanburg County website at:

https://www.spartanburgcounty.org/DocumentCenter/View/14996/Spartanburg_County_Under served_Business_Entity_UBE_Policy http://osmba.sc.gov/directory.html http://dbw.scdot.org/dbesearch/DirectoryQuery.aspx http://dbw.scdot.org/dbesearch/DirectoryQuery.aspx https://www.spartanburgcounty.org/DocumentCenter/View/14996/Spartanburg_County_Underserved_Business_Entity_UBE_Policy https://www.spartanburgcounty.org/DocumentCenter/View/14996/Spartanburg_County_Underserved_Business_Entity_UBE_Policy

Invitation for Bid Page 12 Revised 2/1/2021

Exhibit B

INSTRUCTIONS TO BIDDERS

1. Enter Bidder’s name on any specifications or descriptive papers submitted with this bid.

2. Show trade name or brand of any article included in the specifications.

3. When required, furnish samples, free of expense, prior to the bid opening. Label each sample with Bidder’s name and the item number. Should you wish samples returned, at your expense, when not destroyed in tests, please indicate such in writing at the time of submission of the sample.

4. Bids must be submitted on this form. Bids made otherwise will be subject to rejection.

5. Lump sum bid price must include the amount of ALL FEES charged by Bidder. Bids that do not include all fees will be rejected.

6. Lump sum bid price must include the amount of ALL TAXES, including any South Carolina state sales tax and any use tax which may be owed by Spartanburg County as a result of this bid. Bids which do not include all taxes will be rejected.

7. Lump sum bid price must include ALL COSTS OF TRANSPORTATION AND DELIVERY to the required destination. Bids which do not include all costs of transportation and delivery will be rejected.

8. This bid is subject to the Spartanburg County Procurement Ordinance, this Invitation for Bid (IFB) and the attached County contract.

9. If someone other than an officer of the corporation/company will be signing the contract, a corporate/company resolution MUST be attached to the bid authorizing the individual to sign.

Bids that do not include a corporate/company resolution, when required, will be subject to rejection.

10. This IFB provides basic information regarding the County’s requirements. Items that are not specifically requested in this IFB, but are necessary to provide the goods/services requested, must be included in the Lump Sum Bid Price.

Invitation for Bid Page 13 Revised 2/1/2021

BID FOR IFB # 2027015

GOWENS ROAD CONCRETE PAD

Bidder has examined this IFB, the Advertisement for this IFB, and the following Addenda (receipt of which is hereby acknowledged):

Company Name: ______________________________________________

By: ______________________________________________ (Signature)

______________________________________________ (Printed Name)

Title: ______________________________________________

Date: ______________________________________________

Address: ________________________________________ Email: _______________________________________________

City: ___________________________________________ State: ______________________ Zip: ______________________

Telephone: ___________________________________________ Fax: __________________________________________

□ Check box if corporate/company resolution attached (See Instruction 9 above).

Addenda Number: _________ Date: ______________________

Addenda Number: _________ Date: ______________________

TOTAL LUMP SUM PRICE: $ _______________________

Cost for _____________ as an option: $ _______________________

TIME FOR PERFORMANCE: _______ days

Invitation for Bid Page 14 Revised 2/1/2021

Exhibit C

Sample of Corporate / Company Resolution

A RESOLUTION

FOR THE PURPOSE OF AUTHORIZING _______________ TO EXECUTE AN

CONTRACT WITH SPARTANBURG COUNTY

WHEREAS, ____________________ will or has submitted a bid/proposal to Spartanburg County for the purpose of providing goods or services; and

WHEREAS, ____________________ may be or has been awarded a contract to provide good or services to Spartanburg County; and

NOW THEREFORE BE IT RESOLVED that the Board of Directors (or other appropriate governing body) of __________________ does hereby approve and authorize _________________ (Name of Individual) to execute a contract with Spartanburg County in an amount not to exceed $______________.__.

ADOPTED AND APPROVED this ____ day of ________, 20__.

[INSERT NAME OF ORGANIZATION]

ATTESTED

________________________ By: _________________________________ (signature)

________________________________ (printed name)

Title: _________________________________

Invitation for Bid Page 15 Revised 2/1/2021

Exhibit D

EVALUATION / AWARD CRITERIA

All bids submitted and accepted in accordance with this IFB will be evaluated based on the following criteria. This list is in no particular order.

- Responsiveness to this IFB

- Cost

- References

- Previous experience on projects of similar size and scope

Invitation for Bid Page 16 Revised 2/1/2021

Exhibit E

Spartanburg County Bidder’s Fraud Acknowledgement Form

IFB No: 2027015 Bid Name: SPARTANBURG COUNTY GOWENS ROAD

CONCRETE PAD

Bidder Information:

Bidder: ______________________________________________________

Address: ________________________________________________________

City, State, Zip: __________________________________________________

Contact: ________________________________________________________

Telephone: ______________________________________________________

Email: __________________________________________________________

The signature below acknowledges that I am aware of and have read the Spartanburg County Fraud Policy adopted by Spartanburg County Council on July 18, 2005. As a Proposer engaged in a business relationship with Spartanburg County, I understand that I am responsible for aiding in the protection against fraudulent acts (which are defined in the Fraud Policy) by complying with all aspects of the Fraud Policy.

(Name of Corporation or Entity)

By: ___________________________________ (Signature)

___________________________________ (Print name)

Title: ___________________________________

Date: ___________________________________

Copies of Spartanburg County’s Fraud Policy can be obtained as follows:

1. Spartanburg County’s website at www.spartanburgcounty.org under the link to Auditor/Internal.

2. Request a copy from the Internal Auditor at 864-596-3538.

http://www.spartanburgcounty.org/

Invitation for Bid Page 17 Revised 2/1/2021

Exhibit F

DRUG FREE WORKPLACE ACT STATEMENT

The undersigned hereby certifies on behalf of the company listed below that it is in full compliance with the requirements set forth in Title 44, Code of Laws of South Carolina, 1976, Chapter 107, Paragraph 47 and the Drug-Free Workplace Act of 1988 (Public Law 100-690, title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and Department of Commerce implementing regulations published at 15 CFR Part 29, “Government-wide Requirements for Drug-Free Workplace (Financial Assistance)” (published in the Federal Register on November 23, 2003, 68 FR 66534).

(Name of Corporation or Entity)

By: ___________________________________ (Signature)

___________________________________ (Print name)

Title: ___________________________________

Date: ___________________________________

Invitation for Bid Page 18 Revised 2/1/2021

Exhibit G

GOOD FAITH DOCUMENTATION MUST ACCOMPANY THE RFP/IFB DOCUMENT

This form and supporting documents are due with the bid package, if not self-performing 100% of the work.

Spartanburg County, hereby, notifies all proposers/bidders that it will affirmatively ensure that all underserved business enterprises will be afforded full opportunity to submit proposals/bids in response to this request/invitation and will not be discriminated against on the grounds of gender, race, color, or national origin in consideration for an award. Each proposer shall attest that they engaged in good faith efforts in an endeavor to achieve the County’s UBE goals.

Include copies of the written notice to UBEs notifying them of bid opportunities. Notices only need to be sent to those subcontractors and suppliers offering the services which the bidder intends to subcontract and purchase. Notices can be e-mailed or faxed. If emailed, the notice may be sent to all applicable subcontractors with one email. If faxed, include a copy of the fax transmittal confirmation slip.

The notice should contain the following:

• Bidder’s name and contact information

• Project name and number

• Scope of work/bid packages available for subcontracting

List of Contacts (use additional pages if needed):

Company Contact Name Email Phone

1. ________________________ _________________ ______________ _____________

2. ________________________ _________________ ______________ _____________

3. ________________________ _________________ ______________ _____________

4. ________________________ _________________ ______________ _____________

5. ________________________ _________________ ______________ _____________

The undersigned acknowledges making a good faith effort to comply with the above areas checked.

Name of Company Owner or Authorized Representative Name Signature Title Date

Invitation for Bid Page 19 Revised 2/1/2021

Exhibit H

Underserved Business Entity Self-Performance Affidavit

If self-performing 100% of the entire project with your own workforce/staff on your payroll, complete and return this form with your bid/proposal package. If self-performing all work, you do not need to solicit UBEs.

I hereby certify my company’s intent to self-perform 100% of the work required for the referenced project:

Project Name: ___________________________________________________________________

Project Number: __________________________________________________________________

By signing this affidavit, I further certify that my company has the capability to perform and will perform all elements of the work on the project referenced above with my company’s employees.

I further agree to provide additional information or documentation requested by Spartanburg County in support of the above statement.

If a need to subcontract work on this project arises, I will notify the Spartanburg County Purchasing Department in writing via email to gpbennett@spartanburgcounty.gov within two (2) business days after submission of the bid.

Name of Company

Owner or Authorized Representative Name

Signature

Title

Date

State of _________________________ County of ________________________

Subscribed and sworn to before me this ____________ day of _________________________, 20______

Notary Public _____________________________ My Commission Expires ______________________ mailto:gpbennett@spartanburgcounty.gov

Invitation for Bid Page 20 Revised 2/1/2021

Exhibit I

EXAMPLE OF CERTIFICATE OF INSURANCE

Invitation for Bid Page 21 Revised 2/1/2021

Exhibit J

EXISTENCE OF SUBCONTRACTORS FORM

Will you subcontract any part of this Work? Yes ____ No ____ If so, please list the names, addresses and licenses of the subcontractors to be used for the portions of the work listed below.

1. SUBCONTRACTOR NAME ____________________________________

SUBCONTRACTOR DUTY ____________________________________

TYPE OF LICENSE: ___________________________________________

(Attach copy of subcontractor license)

2. SUBCONTRACTOR NAME ____________________________________

3. SUBCONTRACTOR NAME ____________________________________

4. SUBCONTRACTOR NAME ____________________________________

Invitation for Bid Page 22 Revised 2/1/2021

Exhibit K

EXPERIENCE/ REFERENCES

List five jobs, similar in size, completed by Bidder, within 100 miles of Spartanburg County, for Governmental entities. List dollar amount, brief description reference name and phone number for each job.

a. Name of Project: _____________________________________________

Owner/Engineer: _____________________________________________

Telephone No.: _____________________________________________

Address: _____________________________________________

Date Started: ______________ Date Completed: ________________

Value of Contract: ___________________________________________

Project Description: __________________________________________ b: Name of Project: _____________________________________________

Address: _____________________________________________

Date Started: ______________ Date Completed: ________________ c: Name of Project: _____________________________________________

Address: _____________________________________________

Date Started: ______________ Date Completed: ________________

Invitation for Bid Page 23 Revised 2/1/2021

d. Name of Project: _____________________________________________

Address: _____________________________________________

Date Started: ______________ Date Completed: ________________

e. Name of Project: _____________________________________________

Address: _____________________________________________

Date Started: ______________ Date Completed: ________________

Invitation for Bid Page 24 Revised 2/1/2021

Exhibit L

County Of Spartanburg, SC

VENDOR LIST APPLICATION

Company Name:

(MUST MATCH THE NAME THAT WILL APPEAR ON INVOICES & W-9 SUBMITTED FOR PAYMENT)

Mailing Address:

Physical Address:

Payment Remittance Address:

City: State: _________ Zip:

Contact Person: Title:

Telephone: ( )-_________-__________________ Extension:

Fax No. ( )-_________-__________________: E-Mail:

Federal Tax ID number: _______________________ Is this a personal Social Security #? yes _____no ______

(NOTE – A completed W-9 Form must be returned with this application)

Is this a Corporation? Yes ___No___ Small Business? Yes___ No___ Owned by- Male_ _ or Female___

Physical Presence in S.C.? Yes ___ No___ Method of Delivery: ___UPS ___FedEx ___Other

SC Retail License ___, or SC Sales Tax ___, or SC Use Tax___ Number

Minority Vendor? Yes_______ No_______ (If yes, attach Certification Certificate.)

CATERGORY FOR SERVICES OFFERED (CHECK ALL THAT APPLY)

Architecture/Engineering Environmental Services Maintenance Repair Auto – Parts/Repairs/Body Shop Equipment Rental Medical Supplies Clothing/Uniforms Inmate Services Printing Construction - Major Information Technologies Safety Construction – Minor Landscaping Tele Communications Copier/Printer Equipment Law Enforcement Trade Contractors –

HVAC/Plumbing/Electrical Other (not listed) {describe}

Provide a brief commodity/service description of your business:

NOTE: Placement on the bidders list is a service provided for your convenience. Inclusion is not a binding assurance of future solicitation. To insure bid participation, check our official website at www.spartanburgcounty.org to review posted projects that may be of interest to you.

INSURANCE: General Liability & Worker’s Compensation coverage is required for vendors that perform work for Spartanburg County. If not required by South Carolina State Law to have Worker’s Comp, a waiver must be submitted.

Return this completed form and W-9 to:

Mail: Spartanburg County, Purchasing Department, PO Box 5666, Spartanburg, SC 29304 or Fax: 864-596-2297

ALL PURCHASES MUST BE MADE WITH SIGNED PURCHASE ORDER PRIOR TO AN ORDER BEING PLACED http://www.spartanburgcounty.org/

Invitation for Bid Page 25 Revised 2/1/2021

Exhibit M

Invitation for Bid Page 26 Revised 2/1/2021

Exhibit N

WORKERS’ COMPENSATION

STATEMENT OF INDEPENDENT CONTRACTOR

I, _________________________________________, ( ______________________ ) owner of (Name of Contractor) (Federal ID# or SSN) __________________________________________ hereby make the following statement about (Name of Business) my relationship with Spartanburg County:

1. I employ three or fewer people and I understand that I am not required by state law to carry workers’ compensation insurance.

2. I have agreed to perform certain contract work for Spartanburg County. That work is:

(Brief description of work you are contracted to do) When I complete the work, I will then expect to be paid _____________________ (Amount) in a lump sum. Neither I, nor my employees, will be paid by Spartanburg County on an hourly basis.

3. To the extent that I need equipment or supplies to perform the work I have been contracted to do, I have my own equipment and supplies that I will use to perform the work. I will not use any equipment or supplies owned by Spartanburg County.

4. I will start and stop work and perform the work according to my own methods, means, plans and desires. I will not be supervised or instructed on how or when to perform the work. As long as I complete the work in a workman-like manner and to the satisfaction of Spartanburg County by the agreed time, I can and will do the work when I desire and in the manner I desire. I also understand that if I do not perform to the level of expectation or in a timely manner, that failure will be a breach of contract. I cannot be “fired” because I am not an employee.

5. I do not expect Spartanburg County to withhold any amount that is due me to pay for state or federal income taxes, Social Security contributions, or Employment Security or Workers’ Compensation premiums. I expect to receive a 1099 from Spartanburg County at the end of the year showing the amount I received this year from my contract work.

6. When I complete the work that I have agreed to do and receive the payment to which I am entitled, according to the contract, which will terminate my working relationship with Spartanburg County on this contract.

7. My employees and I are not entitled to workers’ compensation benefits under Spartanburg County Workers’ Compensation coverage.

Signature

Date

Invitation for Bid Page 27 Revised 2/1/2021

Exhibit O

SPARTANBURG COUNTY CONTRACT FOR GOODS AND SERVICES

THIS CONTRACT is made this ____ day of _________, 20___ by and between SPARTANBURG COUNTY, a political subdivision of the State of South Carolina, hereinafter referred to as the "COUNTY"; and, _______________, a ____________Corporation, hereinafter referred to as "CONTRACTOR".

NOW THEREFORE FOR AND IN CONSIDERATION of the mutual promises stated in this Agreement, the COUNTY and CONTRACTOR agree as follows:

ARTICLE 1 - CONTRACT DOCUMENTS:

1.1. The documents listed in Section 1.2 of this Article shall constitute the contract documents.

These contract documents shall represent the entire agreement and understanding between the parties. All other statements, discussions and negotiations, whether oral or written, are hereby merged into these contract documents. Any oral or written understanding not incorporated in these contract documents is not binding on any of the parties. The contract documents are presented in descending order of priority with the first document listed being of the highest priority and governing over subsequently listed documents, in case of conflict or ambiguity.

1.2. The Contract Documents consist of:

1. Spartanburg County Contract for Goods and Services;

2. [Addenda or Addendum __ to IFB # ____ (attached hereto as Exhibit A and incorporated herein by reference);]

3. Invitation for Bid Number (“IFB”) # ____ (attached hereto as Exhibit B and incorporated herein by reference); and

4. Bid in response to IFB # _____ submitted by the CONTRACTOR (attached hereto as Exhibit C and incorporated herein by reference).

Collectively, these materials shall comprise the “CONTRACT DOCUMENTS.”

1.3. It is the intent of the CONTRACT DOCUMENTS to describe a functionally complete whole contract to be constructed in strict accordance with the CONTRACT DOCUMENTS.

Any labor, services, documentation, materials, or equipment that may reasonably be inferred from the CONTRACT DOCUMENTS or from prevailing custom or trade usage as being required to produce the intended result shall be provided by the CONTRACTOR whether or not specifically called for without increase in the Contract Price or Contract Period, as described in Articles 3 and 4 below.

1.4. MODIFICATION / CHANGE ORDERS. Any change orders, alteration, amendments or other modifications hereunder shall not be effective unless reduced to writing, signed by the County Administrator and CONTRACTOR, and executed with the same formality as this contract.

Invitation for Bid Page 28 Revised 2/1/2021

ARTICLE 2 – SCOPE OF SERVICES:

2.1 COUNTY has employed CONTRACTOR to provide services for the Spartanburg County

2.2 These services to be provided by CONTRACTOR are set forth more fully in the

CONTRACT DOCUMENTS.

ARTICLE 3 – CONTRACT PERIOD

3.1. NOTICE TO PROCEED. This Agreement shall begin on the effective date of the Notice to Proceed. In compliance with Invitation for Bid and subject to all conditions, thereof, the undersigned offers and agrees, to furnish the services and/or complete the installation of all items for the base Bid and all Bid voluntary adds, at the prices as set forth, within ______ days after fax or electronic receipt of purchase order.

3.2. FORCE MAJEURE. Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder (except for the payment of money) on account of strikes, industry wide material shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, pandemic flu, acts of God, war, governmental action and labor conditions. In the case of an industry wide material shortage the CONTRACTOR shall provide to the County within 24 hours of CONTRACTOR’s determination that there exists an industry wide material shortage, the following in order for the COUNTY, or its authorized representative, to concur that there is an industry wide shortage of the specific material so identified by CONTRACTOR: 1) A written description of the specific material alleged to be in short supply; 2) a written list of all manufacturers, wholesalers, suppliers and/or retailers from which CONTRACTOR has attempted to obtain, and/or contracted to obtain, said material; 3) a written description detailing all actions taken by CONTRACTOR to obtain said materials; 4) a written statement, signed by an authorized representative of CONTRACTOR, that CONTRACTOR has used due diligence to secure said materials in the most expeditious manner; and 5) a written time frame in which CONTRACTOR anticipates that it will obtain said materials.

ARTICLE 4 - CONTRACT PRICE AND TERMS OF PAYMENT:

4.1. APPROPRIATION / NON-APPROPRIATION. The COUNTY shall pay for these services out of appropriated funds. It is understood and agreed by the parties that in the event funds are not appropriated in the current fiscal year or any subsequent fiscal years, this contract will become null and void and the County will only be required to pay for services completed to the satisfaction of the County.

4.2. CONTRACT PRICE. The COUNTY agrees to pay a total contract price that shall not exceed ___________________________________________________ ($________).

4.3. PAYMENT TERMS. Payments shall occur as follows:

CONTRACTOR will submit invoices to COUNTY, which shall include a detailed listing of charges and a final bill upon completion of services. Within ten (10) business days of receipt of an invoice COUNTY shall notify CONTRACTOR of any dispute with the invoice and CONTRACTOR, upon such notice, shall provide to COUNTY back-up data supporting the invoice. COUNTY and CONTRACTOR will, thereafter, promptly resolve any disputed items.

Payment on undisputed invoice amounts is due upon receipt of the invoice by COUNTY and is past due thirty (30) days from the date the invoice is received. If payment remains past due

Invitation for Bid Page 29 Revised 2/1/2021 sixty (60) days from the date the invoice is received by the COUNTY, then CONTRACTOR shall have the right to either suspend all services provided pursuant to this Agreement, without prejudice, or terminate this Agreement in accordance with the provisions of Article 9. No deposit nor advance sums shall be paid. NO INTEREST OR OTHER LATE PENALTIES

SHALL ACCRUE ON LATE PAYMENTS.

ARTICLE 5 - INDEMNIFICATION.

CONTRACTOR agrees to save, defend, indemnify and keep harmless the COUNTY and all COUNTY officers, agents and employees from and against any loss, damage, claim, injury, fines, penalties, costs, including court costs, attorney’s fees, charges, liability and exposure, however caused, arising from any negligent acts or omissions by CONTRACTOR, its agents, staff, consultants and contractors employed by it, in the performance or non-performance of the terms under this Agreement. CONTRACTOR shall not be responsible for any loss, damage, or liability to the extent arising from acts of the COUNTY, its agents, staff, and other consultants employed by it. This section shall survive the termination of this Agreement.

ARTICLE 6 - RIGHTS AND RESPONSIBILITIES OF CONTRACTOR:

6.1. NON-DISCRIMINATION. During the performance of this Agreement, CONTRACTOR agrees that:

1. It will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, status as a service disabled veteran, or any other basis prohibited by state law relating to discrimination in employment except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of CONTRACTOR; that it will post in conspicuous places, available to employees and applicants for employment, notices setting forth non-discrimination practices, and that it will state, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, that it is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient to meet this requirement; and

2. It will include the…