HCSWA.ProjectManual.BlowerSkid.Oct2025.pdf

KC Environmental, PC

PROJECT MANUAL

FOR THE

HORRY COUNTY SOLID WASTE AUTHORITY

LANDFILL GAS BLOWER SYSTEM UPGRADE

AT THE

HORRY COUNTY SOLID WASTE AUTHORITY LANDFILL

CONWAY, SOUTH CAROLINA

OCTOBER 2025

Horry County Solid Waste Authority Landfill Landfill Gas Blower Station Upgrade

00002-1

SECTION 00002

CERTIFICATION PAGE

I HEREBY CERTIFY THAT THE SPECIFICATIONS CONTAINED HEREIN AND THE

ACCOMPANYING PLANS WERE PREPARED BY ME OR UNDER MY DIRECT SUPERVISION

UNLESS NOTED OTHERWISE BY A SIGNATURE AND SEAL FROM ANOTHER REGISTERED

ENGINEER ON THESE PROJECT SPECIFICATIONS AND PLANS.

SIGNED, SEALED, AND DATED THIS 29th OF October, 2025

By: ______________________10-29-25 Kristofer L. Carlson, P.E.

Title: Principal Engineer

Firm: KC Environmental, PC 401 West Franklin Street Monroe, North Carolina 28112

OCTOBER 2025 REQUEST FOR PROPOSALS

00020-1

SECTION 00020

REQUEST FOR PROPOSALS (RFP)

LANDFILL GAS BLOWER STATION UPGRADE

The Horry County Solid Waste Authority, Inc. (OWNER), will receive bids for the Landfill Gas Blower Station Upgrade Project submitted via Horry County Solid Waste Authority’s electronic bid platform on BID NET no later than November 26, 2025 at 4:00 P.M. EDT.

https://www.bidnetdirect.com/south-carolina/horrycountysolidwasteauthority. No fax, email, telephone, hand delivered, or text bid submittals will be accepted. Any proposal received later than the specified time will NOT be accepted/considered. All bids shall be titled “Bid for Horry County Solid Waste Authority, Landfill Gas Blower Station Upgrade Proposal”. The Horry County Solid Waste Authority reserves the right to accept or reject any and all proposals or any one item in a proposal.

The project consists of furnishing a complete blower/treatment skid, including equipment, parts, materials, electronics, and other items incidental to the blower/treatment skid’s installation (by others) at the Horry County Solid Waste Authority Landfill. The facility is located on Highway 90 approximately 5 miles northeast of Conway, South Carolina. The specifications for the new blower skid are described in Section 13500.

A non-mandatory pre-bid call for all interested parties will be held on November 11, 2025 at 11:00A.M. EDT. All Vendors interested in attending the call must respond in advance to Drake Morris (HCSWA) and call-in information will be given to all bidders of record prior to the conference call. Any questions regarding the project should be directed to Mr. Drake Morris, Landfill Gas Supervisor, (843) 347-1651 and dmorris@solidwasteauthority.org. All questions must be received prior to November 17, 2025 at 5:00P.M. EDT. A final addendum (if necessary) will be issued on November 21, 2025 and provided to all Bidders of Record. Prospective Bidders may also make pre-arranged site visits Monday through Friday from 9:00 a.m. to 4:00 p.m. Site visits must be coordinated with Mr. Drake Morris of HCSWA.

Bid documents will be available for the project located on HCSWA’s electronic bid software, BidNet.

The link is: https://www.bidnetdirect.com/south-carolina/horrycountysolidwasteauthority

To qualify, all bids shall be submitted using bid forms contained in this RFP. Incomplete or segregated bids will not be accepted. Bids shall be valid for a period of 30 days after submission. A Bid Bond and a Performance Bond will be required to Bid this Project.

The OWNER reserves the right to accept alternates in any order or combination, to negotiate with the Bidder it accepts in any manner or form that is in the best interest of the OWNER, or to award the Contract to a Bidder other than the low Bidder. The OWNER reserves the right to reject any https://www.bidnetdirect.com/south-carolina/horrycountysolidwasteauthority https://www.bidnetdirect.com/south-carolina/horrycountysolidwasteauthority

OCTOBER 2025 REQUEST FOR PROPOSALS

00020-2 bids from any Bidder currently engaged in litigation against or a contractual dispute with the

OWNER.

END OF SECTION

OCTOBER 2025 BID INSTRUCTIONS 00200- 1

SECTION 00200

BID INSTRUCTIONS

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders will have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below.

A. Issuing Office—Horry County Solid Waste Authority, Inc.

B. Buyer – Horry County Solid Waste Authority, Inc.

C. Engineer – KC Environmental, PC

ARTICLE 2—PROCUREMENT BIDDING DOCUMENTS

2.01 Buyer and Engineer make copies of Procurement Bidding Documents available only for obtaining Bids for furnishing Goods and Special Services, and do not authorize or confer a license for any other use.

2.02 Neither Buyer nor Engineer assume any responsibility for the errors or misinterpretations in the use of incomplete sets of Procurement Bidding Documents.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Buyer may at any time conduct such investigations as Buyer deems necessary to establish the responsibility, qualifications, and financial ability of Bidder, and after the opening of Bids may require a Bidder to submit documentation of its qualifications, including but not limited to financial data and documentation of previous experience providing goods and services comparable to the specified Goods and Special Services.

ARTICLE 4—SITE VISIT; PRE-BID CONFERENCE

4.01 Buyer recommends that Bidder visit the Point of Destination and the site where the Goods are to be installed and Special Services will be provided, taking into account observable local and site conditions that may affect the delivery, cost, progress, and

OCTOBER 2025 BID INSTRUCTIONS 00200- 2

furnishing of the Goods and Special Services. Arrangements for such a visit may be made through Buyer.

4.02 A non-mandatory pre-bid teleconference will be held at the time and location indicated in the advertisement or invitation to bid.

4.03 Interpretations or clarifications considered necessary by Engineer in response to questions arising at the pre-bid conference will be issued by Addenda delivered to all parties recorded by Engineer as having received the Procurement Bidding Documents.

Only answers in the Addenda will be binding. Oral statements, interpretations, and clarifications may not be relied upon in the preparation of a Bid, and will not be binding or legally effective.

ARTICLE 5—INTERPRETATIONS AND ADDENDA

5.01 All questions about the meaning or intent of the Procurement Bidding Documents are to be submitted to the OWNER via Bid Net.

5.02 Interpretations or clarifications considered necessary by Engineer in response to such questions submitted to Bid Net will be issued by Addenda and available via Bid Net.

Questions received less than 5 days prior to the date for opening of Bids will not be answered. Only answers in the Addenda will be binding. Oral statements, interpretations, and clarifications not formalized in an Addenda and published on Bid Net may not be relied upon in the preparation of a Bid, and will not be binding or legally effective.

5.03 Addenda may be issued to clarify, correct, or change the Procurement Bidding Documents as deemed advisable by Buyer or Engineer.

ARTICLE 6—BID SECURITY

6.01 A Bid must be accompanied by Bid security made payable to Buyer in an amount of 5 percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid Bond issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. Such Bid bond will be issued in the form included in the Procurement Bidding Documents.

6.02 The Bid security of the apparent Successful Bidder will be retained until Buyer (Project Owner) awards the Procurement Contract to such Bidder, and such Bidder has executed the Procurement Contract, furnished the required contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Procurement Contract and furnish the required contract security within 15 days after the Notice of Award, Buyer (Project Owner) may consider Bidder to be in default and annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, OCTOBER 2025 BID INSTRUCTIONS 00200- 3 and to the extent of Buyer’s damages in the case of a damages-form bond. Such forfeiture will be Buyer’s exclusive remedy if Bidder defaults.

6.03 The Bid security of other Bidders that Buyer believes to have a reasonable chance of receiving the award may be retained by Buyer until the earlier of 7 days after the Effective Date of the Procurement Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

6.04 Bid security of other Bidders that Buyer believes do not have a reasonable chance of receiving the award will be released within 7 days after the Bid opening.

ARTICLE 7—CONFIDENTIAL INFORMATION

7.01 Confidential information is information in the Bid, or in documents submitted by Bidder with the Bid or submitted subsequent to the opening of Bids in support of the Bid, that Bidder clearly and prominently labels in writing to be a trade secret, proprietary, or confidential. Bids will be opened and accompanying documents, if any, will be maintained in a manner that endeavors to avoid disclosing confidential information to third parties, to the extent allowed by Laws and Regulations.

7.02 Bidder shall clearly and prominently mark confidential information with the word “CONFIDENTIAL” on each page or sheet or on the cover of bound documents. Place “CONFIDENTIAL” stamps or watermarks so that they do not obscure any of the required information on the document, either in the original or in a way that would obscure any of the required information in a photocopy of the document.

7.03 If Buyer is requested to disclose confidential information, becomes legally compelled to disclose confidential information, or is required by a regulatory body, governing agency, or controlling authority to disclose confidential information, or make any other disclosure that is prohibited or otherwise constrained by these Procurement Bidding Requirements, Buyer will provide Bidder with prompt notice so Bidder may seek a protective order or other appropriate remedy. Bidder will be solely responsible for submitting to the regulatory body, governing agency, or controlling authority any arguments, briefs, memoranda, motions, authorities, or other information in opposition to disclosure.

7.04 Buyer’s obligations with respect to confidential information are nullified by the following exceptions:

A. Confidential information becomes a part of the public domain through publication or otherwise, through no fault of the Buyer;

B. Buyer can demonstrate through suitable documentation that the confidential information was already in the Buyer’s possession, and not previously marked as confidential, or was otherwise publicly available prior to the date of Bid submittal;

OCTOBER 2025 BID INSTRUCTIONS 00200- 4

C. The confidential information is subsequently and independently disclosed to the Buyer by a third party who has a lawful right to disclose such information;

D. Buyer concludes in good faith that the information is not confidential, or that disclosure is required or justified; or

E. Buyer is required to disclose the confidential information by court order or by applicable Laws and Regulations.

7.05 Notwithstanding any other provision of the Procurement Bidding Documents, it is stipulated and agreed that by accepting a Bid, Buyer has not and does not waive its legal immunity (if any) from suit or liability.

ARTICLE 8—“OR EQUAL” ITEMS

8.01 The Procurement Contract, if awarded, will be based on materials and equipment specified or described in the Procurement Bidding Documents. Bidders may propose "or equal" materials and equipment, which if approved by Engineer will be identified by Addendum. The materials and equipment described in the Procurement Bidding Documents establish a standard of required type, function, and quality to be met by any proposed “or-equal” item. Each such request shall conform to the requirements of Paragraph 7.04 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item as an equal will be final. Bidders shall not rely upon approvals unless set forth in an Addendum. Send requests to Kris Carlson at kris@kc-environmental.com.

ARTICLE 9—PREPARATION OF BID

9.01 The Bid Form is included with the Procurement Bidding Documents.

9.02 All blanks on the Bid Form must be completed and the Bid Form must be signed by an individual authorized to act on behalf of the Bidder. Alterations must be initialed by an individual authorized to act on behalf of the Bidder. A Bid price must be indicated for each item in the Bid Form. In the case of optional alternates, the words “No Bid” may be entered.

9.03 Bidder must acknowledge all Addenda by filling in the number and date of each Addendum in the Bid Form and sign where indicated to verify that the Addenda were received. A Bid that does not acknowledge receipt of all Addenda may be considered non-responsive.

9.04 Bidder shall:

A. Sign the Bid Form as indicated in the Bid Form.

B. Include evidence of authority to sign.

mailto:kris@kc-environmental.com

OCTOBER 2025 BID INSTRUCTIONS 00200- 5

C. Provide information on the individual to be contacted for any communications regarding the Bid.

D. Provide evidence of the Bidder’s authority and qualification to do business in the locality of the Project, to the extent required, or indicate the ability to obtain such authority and qualification prior to award of the Procurement Contract.

ARTICLE 10—OPENING OF BIDS

10.01 Bids will be privately opened and reviewed. An abstract of the amounts of the Base Bids and Alternate Bids, if any, will be made available to Bidders on Bid Net after Bids have been opened and reviewed by the Owner.

10.01 All Bids will remain subject to acceptance for the period stated in the Bid Form, but Buyer may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 11—EVALUATION OF BIDS AND CONTRACT AWARD

11.01 Buyer reserves the right to reject any and all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Buyer also reserves the right to waive all informalities not involving price, time, or changes in the Goods and Special Services.

11.02 Buyer will reject the Bid of any Bidder that Buyer finds, after reasonable inquiry and evaluation, to not be responsible.

11.03 In evaluating Bids, Buyer will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data as may be requested in the Bid Form or may be requested from Bidders prior to a Notice of Award.

11.04 If Buyer awards the Procurement Contract, such award will be to the responsible Bidder submitting the lowest responsive Bid AND in the best interest of the Buyer.

OCTOBER 2025 BID FORM 00300- 1

SECTION 00300

BID FORM

PROJECT IDENTIFICATION:

LANDFILL GAS BLOWER STATION UPGRADE

OWNER: HORRY COUNTY SOLID WASTE AUTHORITY, INC.

THIS BID IS SUBMITTED TO:

HORRY COUNTY SOLID WASTE AUTHORITY, INC.

1886 HIGHWAY 90

CONWAY, SOUTH CAROLINA 29528

1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid Form, and in accordance with the other terms and conditions of the Contract Documents.

2.01 Bidder accepts all of the terms and conditions of the Bid Documents. The Bid will remain subject to acceptance for thirty (30) calendar days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of OWNER. If awarded a contract, Bidder agrees to execute the Agreement and comply with all of the conditions stipulated in the Notice of Award within the time stipulated in the Notice of Award.

3.01 In submitting this Bid, Bidder makes all representations required by the Instructions to

Bidders and further represents and warrants that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.

Addendum No. Addendum Date

OCTOBER 2025 BID FORM 00300- 2

B. Bidder has visited the Site and become familiar with and/or is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

D. Bidder has obtained and carefully studied (or assumes responsibility for having done so) information available to the Bidder on the existing landfill gas blower skid, existing open flare (which is to remain), and the existing landfill gas-to-energy (LFGTE) facility. Bidder’s new equipment has been sized and designed by the Bidder to be compatible with the Owner’s existing equipment which will remain and compatible with the LFGTE facility and Contract between the Owner and LFG Developer.

E. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

F. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by ENGINEER is acceptable to Bidder.

G. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

H. Except as otherwise provided in this Bid Form, the Bidder represents to OWNER that all prices herein include all Federal, State, and local taxes. The Bidder agrees to assume all responsibility for the payment of all such taxes and shall indemnify and hold harmless the OWNER from all tax liability arising out of or related to Bidder’s breech of this representation or failure to pay such taxes.

Note that the HCSWA does not qualify for tax-free equipment sales and the Bidder’s pricing must include sales taxes which will be paid by the Bidder to the appropriate taxing authority(s) on behalf of the HCSWA.

4.01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.

OCTOBER 2025 BID FORM 00300- 3

5.01 Bidder will complete the Work in accordance with the Contact Documents for the following price:

Estimated Combined Bid Price Based on Attached Bid Worksheet (Section 00405):

(use words) (figures)

Unit Prices have been computed in accordance with the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities provided, determined as provided in the Contract Documents.

6.01 Bidder agrees that all the Work required by the Contract Documents will be substantially completed and completed and ready for final payment on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement.

6.03 Bidder understands that the OWNER may select a Bidder based on the lowest responsible, responsive Base Bid plus or minus any Bid Alternates which the OWNER selects in order to determine the combination of lowest responsible, responsive bids for which the determination that the Bidder is suitably experienced. The OWNER reserves the right to reject any or all Bids and to waive any informalities in the Bidding procedure.

7.01 The following documents are attached to and made a condition of this Bid Form in the following order:

A. Section 00405 - Completed Schedule of Unit Price Work.

B. Section 00420 – Bidders Qualification Forms

C. A detailed schedule that will allow the ENGINEER to assess the VENDOR’s understanding of the project sequence and his ability to meet the OWNER’s schedule

D. Section 00340 – Non-Collusive Affidavit

E. Section 00350 – Authority to Execute Contract

OCTOBER 2025 BID FORM 00300- 4

8.01 The terms used in this Bid with initial capital letters have the meanings indicated in the

Instructions to Bidders and the General Conditions.

BID SUBMITTED ON _____________________________, ________.

9.01 Please list all claims you have made against the OWNER in the last ten (10) years, citing the caption of any litigation commenced, and any cause of action alleged against the

OWNER.

10.01 Communications with the Bidder concerning this Bid shall be addressed to:

11.01 The terms used in this Bid are defined in the General Conditions of the Construction

Contract, included as part of the Contract Documents and have the meanings assigned to them in the General Conditions.

12.01 The Bidder executes this Bid as one of the following (circle one):

Individual / Partnership / Corporation / Joint Venture

13.01 The Bid Form must be completed electronically and submitted by the time allocated in the RFP to BidNet. Amounts shall be shown in both words and figures. In case of discrepancy, the amount in words will govern. Bidder agrees to complete the work for the following prices.

OCTOBER 2025 BID FORM 00300- 5

If Bidder is:

An Individual

Name (typed or printed): ________________________________________________________

By: _________________________________________________________________ (Individual's signature)

Doing business as: ____________________________________________________________

Business address: _____________________________________________________________

Phone No.: __________________________ FAX No.: __________________________

A Partnership

Partnership Name: _____________________________________________________

(SEAL)

By: ________________________________________________________________________ (Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed): _______________________________________________________

Business address: _____________________________________________________________

Phone No.: __________________________ FAX No.: __________________________

OCTOBER 2025 BID FORM 00300- 6

A Corporation

Corporation Name: ____________________________________________________

State of Incorporation: _____________________

Type (General Business, Professional, Service, Limited Liability): _______________________

By: ________________________________________________________________________ (Signature -- attach evidence of authority to sign)

Name (typed or printed): _______________________________________________________

Title: __________________________________

(CORPORATE SEAL)

Attest ______________________________________________________________________ (Signature of Corporate Secretary)

Business address: _____________________________________________________________

Date of Qualification to do business in South Carolina is ______________________________.

OCTOBER 2025 BID FORM 00300- 7

A Joint Venture

Joint Venturer Name: __________________________________________________

(Signature of joint venture partner -- attach evidence of authority to sign)

Name (typed or printed): _______________________________________________________

Title: __________________________________

Business address: _____________________________________________________________

Joint Venturer Name: __________________________________________________

(Signature - attach evidence of authority to sign)

Name (typed or printed): _______________________________________________________

Title: __________________________________

Business address: _____________________________________________________________

OCTOBER 2025 BID FORM 00300- 8

Phone and FAX Number, and Address for receipt of official communications:

(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.)

OCTOBER 2025 NON-COLLUSIVE AFFIDAVIT

00340-1

SECTION 00340

NON-COLLUSIVE AFFIDAVIT – SOUTH CAROLINA

State of _____________________________________) ss.

County of ___________________________________)

______________________________________ being first duly sworn, deposes and says that:

(1) He/She is the ________________________________, (Owner, Partner, Officer, Representative or Agent) of ___________________________________________ the Bidder that has submitted the attached Bid;

(2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

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

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in any proposed Work;

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

BY _________________________________________

ITS _________________________________________

(Title)

Subscribed and sworn to before me this ________ day of _______________, 20___

My commission expires ____________________

OCTOBER 2025 NON-COLLUSIVE AFFIDAVIT

00340-2

OCTOBER 2025 00350-1 AUTHORITY TO EXECUTE CONTRACT

SECTION 00350

AUTHORITY TO EXECUTE CONTRACT

If the Bidder is a Corporation, attach to this page a certified copy of corporate resolutions of the Board of Directors of the Corporation authorizing an officer of the Corporation to execute the Agreement contained within this document on behalf of the Corporation.

No. Item

Estimated

Quantity Units Unit Price Item Subtotal

1 Landfill Gas Blower System Package - Base Bid 1 LS $ - -$

2 Freight to Conway, SC 1 LS $ - -$

3 Taxes 1 LS $ - -$

4 Start-up and Training Services - 5 days onsite 1 LS $ - -$

5 Spare Parts 1 LS $ - -$

OPTIONAL BID ITEMS

6 Lower Outlet Gas Temperature to 100 Deg F Maximum (additional cost) 1 LS -$ -$

7 Higher Outlet Gas Pressure to 2.5 PSIG (additional cost) 1 LS -$ -$

NOTES:

LS=lump sum

Section 00405

Schedule of Unit Price Work Landfill Gas Blower System Upgrade

Horry County SWA Landfill - Conway, SC

October 2025

TOTAL CONSTRUCTION ESTIMATE (NUMBERS)

TOTAL CONSTRUCTION ESTIMATE (WORDS)

00420-1

SECTION 00420

BIDDER QUALIFICATION FORMS

Criteria: In addition to the other requirements set forth in the Bid Documents, the VENDOR shall demonstrate that he has constructed at least five (5) similar landfill gas blower station skids in the United States within the last five (5) years of at least 3,000 SCFM in size. References for each project shall be provided below. The projects are to be identified and described below in response to question 10. Failure of the referenced projects to meet the criteria described above shall render the bid non-responsive.

All questions must be answered and the data must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. The bidder may submit additional information.

1. Name of VENDOR: _____________________________________

Phone: ____________________ Fax: __________________

2. Permanent main office address: ____________________________________________

3. When organized: _________________________

4. If a corporation, where incorporated: ______________________

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

6. General character of work performed by your company:

7. Have you ever failed to complete any work awarded to you? _____________________

If so, explain:

8. Have you ever defaulted on a contract? ___________________________ Explain (when, where):

00420-2

9. Are there any judgements, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers?

10. Identify and describe five (5) reference projects meeting criteria specified on page 1 of this questionnaire.

PROJECT NO. 1: _______________________________________________________

DESCRIPTION OF WORK COMPLETED BY VENDOR _________________

OWNER’S NAME: ______________________________________________________

OWNER’S ADDRESS: ___________________________________________________

OWNER’S TELEPHONE NUMBER: _______________________________________

VALUE OF CONTRACT: ________________________________________________

PROJECT NO. 2:_______________________________________________________

DESCRIPTION OF WORK COMPLETED BY VENDOR _________________

OWNER’S NAME: _______________________________________________________

OWNER’S ADDRESS: ____________________________________________________

00420-3

OWNER’S TELEPHONE NUMBER: ________________________________________

VALUE OF CONTRACT: ________________________________________________

PROJECT NO. 3:______________________________________________________________

OWNER’S NAME: _______________________________________________________

OWNER’S ADDRESS: ____________________________________________________

VALUE OF CONTRACT: _________________________________________________

PROJECT NO. 4:______________________________________________________________

OWNER’S NAME: _______________________________________________________

OWNER’S ADDRESS: ____________________________________________________

00420-4

PROJECT NO. 5:______________________________________________________________

OWNER’S NAME: _______________________________________________________

OWNER’S ADDRESS: ____________________________________________________

18.

VENDOR CERTIFICATION

I hereby certify that all information provided on these Bidders Qualification Forms is true and accurate to the best of my knowledge.

NAME OF FIRM BIDDING SIGNATURE OF PRINCIPAL

NOTARY PUBLIC CERTIFICATION

State of ________________________________________

County of _________________________________________________________________

On this day of , 20 , after first being duly sworn, appeared before me, the undersigned Notary Public and executed the foregoing instrument and acknowledge to me that he executed the same as and for the act and deed of said firm.

00420-5

(SEAL) ___________________________

Notary Public

My commission expires __________________________________________________

Landfill Gas Blower System Upgrade

OCTOBER 2025 AGREEMENT BETWEEN OWNER AND VENDOR

00500-1

SECTION 00500

AGREEMENT BETWEEN OWNER AND VENDOR

THIS AGREEMENT is made as of the ________ day of ______________ in the year

20____by and between the HORRY COUNTY SOLID WASTE AUTHORITY, INC.

hereinafter called OWNER and hereinafter called VENDOR with legal address and principal place of business at:

OWNER and VENDOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

ARTICLE 1 - WORK

1.01 VENDOR shall complete all Work as specified or indicated in the Contract Documents.

The Work is generally described as follows:

Construction of:

Point of Destination: 1886 Highway 90, Conway, SC 29526

ARTICLE 2 - ENGINEER

2.01 The Project has been designed by:

KC Environmental, PC 401 West Franklin Street Monroe, North Carolina 28112

OCTOBER 2025 AGREEMENT BETWEEN OWNER AND VENDOR

00500-2 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work.

ARTICLE 3 - CONTRACT TIMES

3.01 The project will be considered Substantially Complete upon completion of all items listed in the Bid Form and appurtenances in accordance with the Contract Documents, including successful performance of all testing requirements. The Work shall be completed within 165 days from (and including) the date when the Notice-to-Proceed is issued.

3.02 All Work shall be Final Complete and ready for final payment within 195 days from (and including) the date when the Notice-to-Proceed is issued.

3.03 Time of the Essence

A. All time limits for Milestones, including the submittal of Shop Drawings and Samples, the delivery of Goods, and the furnishing of Special Services as stated in the Procurement Contract Documents, are of the essence of the Procurement Contract.

B. Submittal of Shop Drawings and Samples: VENDOR shall submit all Shop Drawings and Samples required by the Procurement Contract Documents to Engineer for its review and approval no later than 30 calendar days after the Notice to Proceed is dated.

C. Engineer’s Review: It is the intent of the parties that Engineer will conduct its review of Shop Drawings and Samples and issue its approval, or a denial accompanied by substantive comments regarding information needed to gain approval, within 10 days after VENDOR's submittal of such Shop Drawings and Samples, or within such longer period that is needed because of the quantity and quality of such submittals.

Resubmittals will be limited whenever possible.

ARTICLE 4 – LIQUIDATED DAMAGES

4.01 VENDOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in Article 3 above, plus any extensions thereof approved by the OWNER. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding, the actual loss suffered by OWNER if the Equipment is not delivered on time and functional. Accordingly, instead of requiring any such proof, OWNER and VENDOR agree that as liquidated damages for delay (but not as a penalty), VENDOR shall pay OWNER $1,500 for each day that expires after the time specified in Article 3.01 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if VENDOR shall neglect, refuse, or fail to complete the remaining Work within the

OCTOBER 2025 AGREEMENT BETWEEN OWNER AND VENDOR

00500-3

Contract Time or any proper extension thereof granted by OWNER, VENDOR shall pay OWNER $1,500 for each day that expires after the time specified in Article 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. These amounts, or portions thereof, will be incurred by the OWNER for providing additional inspection, testing, and engineering services by ENGINEER.

ARTICLE 5 - CONTRACT PRICE

5.01 OWNER shall pay VENDOR for completion of the Work in accordance with the Contract

Documents an amount in current funds at the unit prices agreed upon in the VENDOR’s Bid Form attached to this Agreement.

ARTICLE 6 - PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. VENDOR shall submit Applications for Payment based on the following pay terms:

1. 10% of Base Price at Notice-to-Proceed

2. 30% of Base Price Once Submittals Approved and Released to Manufacture

3. 20% of Base Price Upon Notification to OWNER that equipment is ready to ship

4. 20% of Base Price Upon Receipt of Equipment, Materials, Spare Parts, and Manuals at the HCSWA

5. 10% of Base Price Upon Successful Start-Up of Equipment

6. 10% of Base Price Upon Submission of Final Warranties, Correction of all Non-Conformities, Submission of Final Documentation and all other items complete per the Contract Documents

B. Applications for Payment will be processed by OWNER as provided in the General Conditions.

ARTICLE 7 - VENDOR'S REPRESENTATIONS

7.01 In order to induce OWNER to enter into this Agreement VENDOR makes the following representations and assurances:

A. VENDOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

OCTOBER 2025 AGREEMENT BETWEEN OWNER AND VENDOR

00500-4

B. VENDOR has visited the Site (or is otherwise waiving the opportunity) and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. VENDOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

D. VENDOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents.

E. VENDOR has obtained and carefully studied (or assumes responsibility for having done so) information available to the Bidder on the existing landfill gas blower skid, existing open flare (which is to remain), and the existing landfill gas-to-energy (LFGTE) facility. VENDOR’s new equipment has been sized and designed by the VENDOR to be compatible with the Owner’s existing equipment which will remain and compatible with the LFGTE facility and Contract between the Owner and LFG Developer.

F. VENDOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that VENDOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to VENDOR.

G. VENDOR agrees that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

H. VENDOR’s entry into this Contract constitutes an incontrovertible representation by VENDOR that without exception all prices in this Agreement are premised upon furnishing the Goods and Special Services as required by the Contract Documents.

I. Confidential Information

1. Confidential information is information in documents submitted by VENDOR that VENDOR clearly and prominently labels in writing to be a trade secret, proprietary, or confidential. Such documents, if any, will be maintained in a manner that endeavors to avoid disclosing confidential information to third parties, to the extent allowed by Laws and Regulations.

2. VENDOR shall clearly and prominently mark confidential information with the word “CONFIDENTIAL” on each page or sheet or on the cover of bound documents. Place “CONFIDENTIAL” stamps or watermarks so that they do not obscure any of the required information on the document, OCTOBER 2025 AGREEMENT BETWEEN OWNER AND VENDOR

00500-5 either in the original or in a way that would obscure any of the required information in a photocopy of the document.

3. If OWNER is requested to disclose confidential information, or becomes legally compelled (by oral questions, interrogatories, requests for information or documents, subpoena, civil or criminal investigative demand, public information requests, or other requests under Laws and Regulations) to disclose confidential information, or is required by a regulatory body, governing agency, or controlling authority to disclose confidential information, or make any other disclosure that is prohibited or otherwise constrained by the Procurement Contract, OWNER will provide VENDOR with prompt notice so VENDOR may seek an appropriate protective order or other remedy. VENDOR will be solely responsible for submitting to the regulatory body, governing agency, or controlling authority any arguments, briefs, memoranda, motions, authorities, or other information in opposition to disclosure.

4. OWNER’s obligations with respect to confidential information are nullified by the following exceptions:

a. Confidential information becomes a part of the public domain through publication or otherwise, through no fault of the OWNER;

b. OWNER can demonstrate through suitable documentation that the confidential information was already in the OWNER’s possession, and not previously marked as confidential, or was otherwise publicly available prior to the Effective Date of the Procurement Contract;

c. The confidential information is subsequently and independently disclosed to the OWNER by a third party who has a lawful right to disclose such information;

d. OWNER has a good faith belief that disclosure is required or justified; or

e. OWNER is required to disclose the confidential information by court order or by applicable Laws and Regulations.

5. Waiver of Immunity

a. Notwithstanding any other provision of the Procurement

Contract, it is stipulated and agreed that by accepting confidential information, OWNER has not and does not waive its legal immunity (if any) from suit or liability.

ARTICLE 8 - CONTRACT DOCUMENTS

8.01 Contents

OCTOBER 2025 AGREEMENT BETWEEN OWNER AND VENDOR

00500-6

A. The Contract Documents which comprise the Contract between the OWNER and VENDOR are attached hereto and made a part hereof and consist of the following:

1. Completed Agreement (Section 00500);

2. Project Manual bearing the general title “HORRY COUNTY SOLID WASTE

AUTHORITY, LANDFILL GAS BLOWER SYSTEM UPGRADE dated October 2025.

3. Drawings (if any) bearing the general title “HORRY COUNTY SOLID WASTE

AUTHORITY, LANDFILL GAS BLOWER SYSTEM UPGRADE”, dated October 2025.

4. Addenda numbers ( ____) to (____), inclusive;

5. Completed Bid Form (Section 00300);

6. Completed Non-Collusive Affidavit (Section 00340);

7. Completed Authority to Execute Contract (Section 00350);

8. Completed Bidder Qualification Forms (Sections 00300 and 00420);

9. Executed Certificate of Insurance and Performance Bond (Section 00610);

10. The following which may be delivered or issued on or after the Effective

Date of the Agreement and are not attached hereto:

a. Written Amendments;

b. Work Change Directives;

c. Change Order(s).

ARTICLE 9 – MISCELLANEOUS

9.01 Terms used in this Agreement will have the meanings indicated in the General

Conditions.

9.02 Neither the OWNER nor the VENDOR shall, without the prior written consent of the other, assign or sublet in whole or in part his/her interest under any of the Contract Documents; and, specifically but without limitation, VENDOR shall not assign any monies due or to become due without the prior written consent of the OWNER. In case VENDOR assigns all or any part of any monies due or to become due under this Contract, the instrument of the assignment shall contain a clause substantially to the effect that it

OCTOBER 2025 AGREEMENT BETWEEN OWNER AND VENDOR

00500-7 is agreed that the right of the assignee in and to any monies due or to become due to the VENDOR shall be subject to prior claims of all persons, firms, and corporations for services rendered or materials supplied for the performance of the Work called for in this Contract.

9.03 OWNER and VENDOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents.

9.04 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and VENDOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

9.05 The Contract Documents constitute the entire agreement between the OWNER and

VENDOR and may only be altered, amended, or repealed by a Modification.

(Remaining portion of this page to remain blank)

OCTOBER 2025 AGREEMENT BETWEEN OWNER AND VENDOR

00500-8

IN WITNESS WHEREOF, OWNER and VENDOR have signed this Agreement in sextuple. Four copies each have been delivered to OWNER and one copy each to the VENDOR and ENGINEER. All portions of the Contract Documents have been signed or identified by OWNER and VENDOR or ENGINEER on their behalf.

This Agreement will be effective on _____________________________, ________.

OWNER: VENDOR:

By:___________________________________ By:___________________________________

[CORPORATE SEAL]

[CORPORATE SEAL]

Attest_________________________________ Attest_________________________________

Address for giving notices: Address for giving notices:

Designated Representative:

Name:_________________________________

Designated Representative:

Name:__________________________________

Title:__________________________________ Title:___________________________________

Address:_______________________________ Address:________________________________

Phone: ______________________________ Phone:_______________________________

Facsimile: ___________________________ Facsimile:____________________________

If either party is a corporation or public entity, an affidavit must be attached to this Agreement giving the right for the OWNER and VENDOR to sign the Agreement.

OCTOBER 2025 AGREEMENT BETWEEN OWNER AND VENDOR

00500-9

OCTOBER 2025 00650-1 NOTICE OF AWARD

SECTION 00650

NOTICE OF AWARD

Dated __________________, 20____

TO: _________________________________________________________________

(Bidder)

You are notified that your Bid dated ____________, 20_______ for the above Contract has been considered. You are the apparent successful Bidder and have been awarded a contract for:

HORRY COUNTY SOLID WASTE AUTHORITY

LANDFILL GAS BLOWER SYSTEM UPGRADE

For the following Work:

For the Contract Price of:

______________________________________________Dollars __________.

You are required to execute the Agreement and furnish the required bond and certificates of insurance within five (5) business days from the date of this Notice of Award to you. You shall furnish five (5) copies of the executed Agreement to the Owner.

If you fail to execute said Agreement and furnish said bonds and certificates of insurance within five (5) business days of the date of Notice of Award, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your bid to be abandoned and as forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Award to the Owner.

OCTOBER 2025 00650-2 NOTICE OF AWARD

Bidder Acknowledgement of Notice of Award

Signature: ________________________________________

Printed Name: _____________________________________

Title: _____________________________________________

OCTOBER 2025 00670-1 NOTICE TO PROCEED

SECTION 00670

NOTICE TO PROCEED

TO: ________________________________________________________________

ADDRESS: __________________________________________________________

PROJECT: HORRY COUNTY SOLID WASTE AUTHORITY

LANDFILL GAS BLOWER SYSTEM UPGRADE

HORRY COUNTY, SOUTH CAROLINA

You are hereby notified that the Contract Times under the above Contract will commence to run on ____________, 20____. In accordance with Article 3 of the Agreement, the date of Substantial Completion is _____________ from (and including) the date when the Notice-to-Proceed is issued. The date of Final Completion is ________________ from (and including) the date when the Notice-to-Proceed is issued.

Dated this ___________ day of ____________, 20_______

By: _______________________________________________________ Horry County Solid Waste Authority Representative Signature

(Printed Name and Title)

ACCEPTANCE OF NOTICE

Receipt of the foregoing Notice to Proceed is hereby acknowledged by:

Dated this _____________ day of ____________, 20________

By: _______________________________________________________ Vendor’s Representative Signature

(Printed Name and Title)

EJCDC® P-700, Standard General Conditions of the Procurement Contract.

Copyright© 2019 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 1 of 3

STANDARD GENERAL CONDITIONS OF THE PROCUREMENT CONTRACT

TABLE OF CONTENTS

Page

Article 1— Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2— Preliminary Matters

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Electronic Transmittals

2.04 Preliminary Schedules

2.05 Preliminary Conference

2.06 Safety

Article 3— Procurement Contract Documents

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Requirements of the Procurement Drawings and Procurement Specifications

3.05 Reuse of Documents

Article 4— Commencement and Schedule

4.01 Commencement of Procurement Contract Times

4.02 Continuing Performance

4.03 Adjustments to Progress Schedule

4.04 Delays

Article 5— Bonds and Insurance

5.01 Performance, Payment, and Other Bonds

5.02 Insurance

5.03…