THIS AGREEMENT IS SUBJECT TO ARBITRATION PURSUANT TO THE SOUTH

CAROLINA UNIFORM ARBITRATION ACT.: SC CODE ANN. §15-48-10 ET SEQ.

AND THE FEDERAL ARBITRATION ACT 9 U.S.C. 1 ET SEQ.

RENEWABLE WATER RESOURCES

GREENVILLE, SOUTH CAROLINA

CONTRACT DOCUMENTS

Lower Reedy WRRF Streambank Stabilization Project

August 2026 ii

DIVISION/

SECTION TITLE PAGE

00 00 00 Bidding and Contract Documents

00 11 00 Advertisement 00 11 13 Advertisement for Bids 1 00 25 13 Pre-Bid Meetings 2

Information for Bidding 00 21 13 Information for Bidders 4

00120 General Conditions Governing Award of Contract 17 00230 Notice Regarding Contact with Owner’s Employees 21 00230 Notice and Claim Procedures Acknowledgement Form #1 (Pre-Bid) 23 00240 Compliance with State Revolving Funds 24 00250 South Carolina Illegal Immigration Reform Act 26 00250 Statement of Compliance with S.C. Code. § 12-8-550 28

Submitted Bid 00 31 00 00 31 00 Bid for Construction 30 00 31 13 Bid Schedule 32 00 31 13 Bid Summary 34

00313 List of Major Equipment Items 35 00314 List of Self Performed 36 00314 List of Selected Subcontractors 37 00320 Statement of Bidder’s Qualifications 40 00320 Qualifications Form 41 00320 Contractor’s License 47 00330 Risk Analyst Review 48 00340 Insurance Documents 49 00350 Contractor’s Corporate Resolution 50

Bid Bond 00 43 00 00 43 13 Bid Bond 51

Award of Contract 00 51 00 Notice of Award 53

00520 Resolution of Commission Meeting Approving Contract 55 Contract Documents

00610 General Conditions of the Contract 56 Word Index 58 Article 1 General Provisions 65

1.1 Basic Definitions 65

1.1.1 The Contract Documents 65

1.1.2 The Contract 65

1.1.3 The Work 65

1.1.4 The Project 65

1.1.5 The Drawings 65

1.1.6 The Specifications 65

1.1.7 Instruments of Service 65

1.1.8 Initial Decision Maker 65

1.1.9 The Knowledge 66

1.2 Correlation and Intent of the Contract Documents 66

1.3 Capitalization 66

1.4 Interpretation 66

1.5 Ownership and Use of Drawings, Specifications and Other

Instruments of Service

1.6 Notice 67

1.7 Transmission of Data in Digital Form 67

iii

SECTION TITLE PAGE

Article 2 Owner 67

2.1 General 67

2.3 Information and Services Required of the Owner 68

2.4 Owner's Right to Stop the Work 68

2.5 Owner's Right to Carry Out the Work 69

Article 3 Contractor 69

3.1 General 69

3.2 Review of Contract Documents and Field Conditions by Contractor 69

3.3 Supervision and Construction Procedures 70

3.4 Labor and Materials 70

3.5 Warranty 71

3.6 Taxes 72

3.7 Permits, Fees, Notices, and Compliance with Laws 72

3.8 Allowances 73

3.9 Superintendent 74

3.10 Contractor's Construction Schedules 74

3.11 Documents and Samples at the Site 75

3.12 Shop Drawings, Product Data and Samples 76

3.13 Use of Site 77

3.14 Cutting and Patching 78

3.15 Cleaning Up 78

3.16 Access to Work 78

3.17 Royalties, Patents and Copyrights 78

3.18 Indemnification 79

Article 4 Engineer 79

4.1 General 79

4.2 Administration of the Contract 79

Article 5 Subcontractors 81

5.1 Definitions 81

5.2 Award of Subcontracts and Other Contracts for Portions of the Work

5.3 Subcontractual Relations 82

5.4 Contingent Assignment of Subcontracts 82

Article 6 Construction by Owner or by Separate Contractors 82

6.1 Owner's Right to Perform Construction and to Award Separate Contracts

6.2 Mutual Responsibility 83

6.3 Owner's Right to Clean Up 83

Article 7 Changes in the Work 83

7.1 General 83

7.2 Change Orders 84

7.3 Construction Change Directives 84

7.4 Minor Changes in the Work 85

7.5 Agreed Overhead and Profit Rates 86

Article 8 Time 86

8.1 Definitions 86

8.2 Progress and Completion 86

8.3 Delays and Extensions of Time 86

Article 9 Payments and Completion 87

9.1 Contract Sum 87

9.2 Schedule of Values 87

iv

SECTION TITLE PAGE

9.3 Applications for Payment 87

9.4 Certificates for Payment 88

9.5 Decisions to Withhold Certification 89

9.6 Progress Payments 89

9.7 Failure of Payment 90

9.8 Substantial Completion 90

9.9 Partial Occupancy or Use 91

9.10 Final Completion and Final Payment 91

Article 10 Protection of Persons and Property 92

10.1 Safety Precautions and Programs 92

10.2 Safety of Persons and Property 93

10.3 Hazardous Materials 94

10.4 Emergencies 94

Article 11 Insurance and Bonds 95

11.1 Contractor's Liability Insurance 95

11.2 Owner's Liability Insurance 97

11.3 Waiver of Subrogation 98

11.4 Not Used 98

11.5 Adjustment and Settlement of Insureds Loss 99

Article 12 Uncovering and Correction of Work 99

12.1 Uncovering of Work 99

12.2 Correction of Work 99

12.3 Acceptance of Nonconforming Work 100

Article 13 Miscellaneous Provisions 100

13.1 Governing Law 100

13.2 Successors and Assigns 100

13.3 Rights and Remedies 101

13.4 Tests and Inspections 101

13.5 Interest 102

13.7 General Provisions 102

13.8 No Oral Waiver 102

13.9 Equal Opportunity Clause 102

13.10 Record Keeping 102

13.12 Conflicts of Interest 103

13.13 Absence of Certain Commercial Practices 103

13.14 Public Record 103

13.15 Personal Liability/No Third Party Beneficiaries 104

Article 14 Termination or Suspension of the Contract 104

14.1 Termination by the Contractor 104

14.2 Termination by the Owner for Cause 105

14.3 Suspension by the Owner for Convenience 105

14.4 Termination by the Owner for Convenience 105

Article 15 Claims and Disputes 106

15.1 Claims 106

15.1.1 Definition 106

15.1.2 Time Limits on Claims 106

15.1.3 Notice of Claims 106

15.1.4 Continuing Contract Performance 106

15.1.5 Claims for Additional Cost 107

15.1.6 Claims for Additional Time 107

15.1.7 Waiver Claims for Consequential Damages 107

15.2 Initial Decision 107

v

SECTION TITLE PAGE

15.3 Mediation 109

15.4 Arbitration 109

15.4.6 Consolidated or Joinder 109

Exhibit A—Project Representatives 111 Exhibit B—Contractor’s Standard Form Contract 112 Exhibit C—Construction Schedule 113 Digital Data Protocol Exhibit 114

00620 Contract between Owner and Contractor 115 Article 1 The Contract Documents 117 Article 2 The Work of This Contract 117 Article 3 Date of Commencement and Substantial Completion 117 Article 4 Contract Sum 118 Article 5 Payments 119

5.1 Progress Payments 119

5.2 Final Payment 120

Article 6 Dispute Resolution 121

6.1 Initial Decision Maker 121

6.2 Binding Dispute Resolution 121

Article 7 Termination or Suspension 121 Article 8 Miscellaneous Provisions 121 Article 9 Enumeration of Contract Documents 122 Exhibit A-Insurance and Bonds 125 Exhibit B—Schedule of Unit Prices 132 Exhibit C—Schedule of Allowances 133 Exhibit D—Specifications 134 Exhibit E—Schedule of Drawings 135

00630 Supplemental Conditions 136 00640 Addenda 158 00650 Certificate of Owner’s Attorney 159

00 55 00 Notice to Proceed 161 Bonds

00 61 13.16 Payment Bond 162 00 61 13.13 Performance Bond 165

Forms 00810 Change Order 168 00810 Construction Change Directive 170 00820 Application for Payment 172 00821 Payment Breakdown 175 00822 Stored Materials Log 176 00823 Affidavit of the Contractor 179

00920 Schedule of Drawings 180 00920 Submittals 182 00930 Permits 183 00940 Easements/Right of Ways 184 01010 Contractors’ Letter for Tax Exempt Equipment Purchases 185 01010 Technical Specifications 189

00 11 13

ADVERTISEMENT

INVITATION FOR BIDS

RENEWABLE WATER RESOURCES

GREENVILLE, SOUTH CAROLINA

E-Procurement NOTE: All formal ReWa solicitations will be conducted through the online ReWa Bid Management Portal hosted by PlanetBids System (PB SystemTM). Vendors wishing to receive bid alert notices or participate in this solicitation must register.

Renewable Water Resources “ReWa” (herein called the “Owner”) is accepting bids for Lower Reedy WRRF Streambank Stabilization Project by September 1, 2026, at 2:00 PM. All submittals shall be provided via ReWa PlanetBids Bid Management Portal. https://rewaonline.org/for-business-and-industry/vendors

This Bid is for the Lower Reedy WRRF Streambank Stabilization Project This Project is in accordance with the Contract Documents prepared by the Owner and Ardurra (herein called the “Engineer”) and contained herein.

Pursuant to SC Labor Licensing Regulations, the contractor is required to have the following designation(s) to Bid on this Project: N/A.

This project consists of the Work (“Work”):

The Lower Reedy WWRF Streambank Stabilization includes restoration and stabilization of an eroded section of streambank along the Reedy River adjacent to existing sanitary sewer infrastructure. Work includes removal of existing structures and debris, installation of approximately 194 LF of boulder toe wall and two in-stream boulder vanes, grading and restoration of the washed-out bank, and implementation of sediment and erosion control measures. Disturbed areas and newly constructed slopes will be revegetated to provide final stabilization and reduce the potential for future erosion.

https://rewaonline.org/for-business-and-industry/vendors

00 25 13

Site Visits:

Site visits will be scheduled by request. Emai l s tephanies@re-wa.org to schedule .

Questions arising from the visit, shall be posted on PlanetBids: https://rewaonline.org/for-business-and-industry. Purchasing will issue Addenda as Engineer considers necessary.

Please note the following requirements:

• Any contract or contracts awarded under this Advertisement for Bids may be funded by a loan from the State Revolving Fund or by other grant or loans from SCDES/EPA or other agencies. Neither the State of South Carolina nor the United States nor any of their Departments, Agencies, or employees is or will be a party to this Advertisement for Bids or any resulting contract. The contract will be subject to regulations contained in Federal Register, Section 40 CFR.31 where applicable.

• Bidders must comply with the President’s Executive Order Nos. 11246 and 11375, which prohibit discrimination in employment regarding race, creed, color, sex, or national origin. Bidders must certify that they have performed prior work in compliance with Executive Order Nos. 11246 and 11375. (See Sections of the Contract Documents and Supplemental General Conditions).

• Furthermore, where applicable Bidders must comply with Title VI of the Civil Rights Act of 1964, the Davis-Bacon Act, the Anti-Kickback Act, the OSHA Contract Safety Work Hours, Contract Work Hours and minority-owned businesses goals.

• Each Bidder must be qualified under the provisions of the South Carolina Contractor’s Licensing Law, 1976 Code, Section 40-11-10, et seq. (as amended)

Contract Documents may be downloaded electronically from the ReWa PlanetBid portal:

https://www.planetbids.com/portal/portal.cfm?CompanyID=42823&BidID=66479

For Bids that exceed $100,000, Bids must be accompanied by a Bid bond of not less than five percent (5%) of the amount Bid. If you do not comply with this requirement, your Bid

WILL BE REJECTED.

Attention of Bidders is directed to applicable employment laws and regulations and to minimum wage and hour laws.

The Owner reserves the right to reject all Bids or an individual Bid, and to waive any informalities and technicalities in the Bid in accordance with its procurement code.1 Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized

1 The Procurement Code is available online at www.rewaonline.org, under the heading “Resources” “Procurement Code.”

https://www.planetbids.com/portal/portal.cfm?CompanyID=42823&BidID=66479

00 25 13 postponement thereof. Any Bid received after the time and date specified will not be considered.

No Bidder may withdraw a Bid after the actual date of Bid opening except in accordance with § 3-101 et seq. of the Owner’s Procurement Code.

Renewable Water Resources

00 21 13

INFORMATION FOR BIDDERS

Submittal, Receipt, and Opening of Bids: Bids will be received by September 1, 2026 at 2:00 PM, by the Renewable Water Resources “ReWa” (herein called the “Owner”) All submittals shall be provided via ReWa PlanetBids Bid Management Portal. https://rewaonline.org/for-business-and-industry/vendors. BID FOR #597 Lower Reedy WRRF Streambank Stabilization Project Bidders must acquaint themselves with and comply with applicable state and local regulations on licensing. Subcontractors and major material suppliers shall be listed as required by the Bidding documents. In the event the work is to be self-performed by the Contractor, that fact shall be specifically set forth in the Bid Form and not left blank. All subcontractors shall have a valid South Carolina license. Failure to complete the Bid form will result in a Bid being determined nonresponsive.

1. The Owner may waive any formalities on minor defects or reject any and all Bids per Owner’s Procurement Code. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered. No Bidder may withdraw a Bid after the actual date of Bid opening except in accordance with § 3-101 et seq. of the Owner’s Procurement Code. Should there be any reasons why the Contract cannot be awarded within the specified period, the time may be extended by mutual agreement between the Owner and the Bidder.

2. Preparation of Bid: All Bids must be made on the required Bid Form in the PlanetBids portal. All blank spaces for Bid prices must be filled in order for the bid to be complete.

The Bid Form must be fully completed and executed when submitted.

3. Modification of Bid: Any Bidder may modify his Bid at any time prior to the scheduled closing time for receipt of Bids. The owner will not accept a modification delivered by electronic means or facsimile. All modifications must be submitted in the same manner as Bids pursuant to paragraph 2 above.

4. Addenda and Interpretations: The Contract Documents contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risks or obligations assumed by the Contractor or relieve him from fulfilling any conditions of the contract.

5. Interpretation: No interpretation of the meaning of the plans, specifications, or other Contract Document will be made to any Bidder orally. Every request for such interpretation should be in writing addressed to Engineer and, to be given consideration, must be received at least ten (10) days prior to the date fixed for the opening of Bids.

Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be posted on the PlanetBids website not later than seventy-two (72) hours prior to the time fixed for the opening of Bids. In addition, all Bidders may sign up as a Prospective Bidder to receive notifications when updates are posted on ReWa’s PlanetBids portal at:

https://rewaonline.org/for-business-and-industry/vendors.

https://rewaonline.org/for-business-and-industry/vendors

6. ReWa WILL NOT ENSURE THE RECEIPT OF THE E-MAIL. IT IS BIDDER’S

OBLIGATION TO CHECK THE WEB SITE PRIOR TO BID OPENING FOR

INTERPRETATIONS. BIDDER IS RESPONSIBLE FOR UPDATING THIS E-

MAIL ADDRESS, SHOULD IT CHANGE. Failure of any Bidder to receive any such addendum or interpretation shall not relieve such Bidder from any obligation under its Bid as submitted. All addenda so issued shall become part of the Contract Documents.

7. Base Bid: The Bidder shall acknowledge Addenda when submitting their bid on the PlanetBids website. A conditional or qualified Bid will not be accepted.

8. Equal Alternative Items: Whenever a product is identified on the Drawings or in the Specifications by reference to manufacturers’ or vendors’ names, trade names, catalog numbers, etc., it is intended to establish a standard and any product of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the product so proposed is, in the opinion of the Engineer, of equal substance and function. It shall not be purchased or installed by the Contractor without the Engineer’s written approval.

a. Whenever a product specification includes minimum experience requirements which the selected manufacturer cannot meet, the manufacturer shall furnish the Owner with a cash deposit or bond, in an amount equal to the cost of the product, which shall remain in effect until the experience requirement has been met.

b. Prequalification Requirements: WHEN THE TERM “OR EQUAL”

FOLLOWS THE NAMES OF MANUFACTURERS, THE OTHER

MANUFACTURERS DESIRING APPROVAL OF AN “OR EQUAL” SHALL

COMPLY WITH SECTION 3-302(2) OF THE PROCUREMENT CODE OF

THE OWNER.

Section 3-202(2) (“Rejection of Initiation for Bids or Requests for Proposal”) of the Procurement Code is quoted below but the Bidder is instructed to review the regulation itself for current provisions.

(2) Bidders’/Offerors’ Lists and Prequalification of Major Equipment.

a. Bidders’/Offerors’ Lists. All sources requesting to be put on a Bidders’/offerors’ list shall be so enlisted, unless the Director of Business Services in conjunction with the Owner’s Engineer makes a written determination that the source should not be enlisted in accordance with regulations of the Owner. Decisions to reject enlistment shall be appealable to the Chief Executive Officer. The Director of Business Services shall ensure that the Bidders’/offerors’ lists contain all known sources interested in participating in procurement and shall review periodically the Bidders’/offerors’ lists and require the addition to such lists of any appropriate sources which are not contained therein.

b. Prequalification of Major Equipment Manufacturers. Until the end of the design phase of a project, the Owner will offer opportunities for major equipment manufacturers to be listed on the Major Equipment Bidders’/Offerors’ List for future consideration if they pre-qualify major equipment. An evaluation of the equipment will be made by the Owner at no cost to the manufacturer if submittals are made before the end of the project design phase. (Subject to Owner’s right to refuse the certification process). If a manufacturer misses this deadline for prequalification, and the contractor submits an “or equal” substitution during the Bidding process, the manufacturer or contractor shall pay the Owner’s consulting engineer directly for the cost of the evaluation. The contractor must obtain the approval of the “or equal” substitution by the Owner prior to the contractor’s submission of his Bid, ten (10) days prior to Bid Opening Date, unless otherwise specified. Any submission after the date defined in the Bid will not be allowed.

The submittal by the manufacturer or the contractor for an “or equal” before or after that deadline shall include the following:

(i) Descriptive literature including information on materials used, minimum design standards, standard design features, manufacturing processes and facilities, and similar information which indicate experience and expertise in the manufacture of the product being evaluated including costs, warranty information, electrical requirements and diagrams, and erection requirements and weights;

(ii) Performance specifications applicable to the manufacturer’s standard design which indicates the level of performance to be expected from the product;

(iii) A complete set of submittal drawings of similar products which have been completed and placed into operation;

(iv) A list of existing installations of products similar in type and size, information regarding experience at the installations;

(v) A brochure or equivalent material indicating technical capabilities, field service capabilities and financial information;

(vi) A complete list of all requirements of the Drawings and Specifications with which the manufacturer cannot conform, including reasons why alternate features are considered equivalent;

(vii) References that can independently supply an operational and maintenance history of the equipment, including incidents of failure and repair during the warranty period of the product that will enable the Owner’s engineer to develop a chart showing operation and maintenance and carrying costs based upon the above history. If no history is available equal to the time provided for in the warranty, then it should be provided from the time of origin of the product;

(viii) A chart showing the projection of the cost of operation, maintenance and carrying cost until the date the manufacturer estimates the equipment will have to be replaced, together with the documentation upon which the projection is based;

(ix) A list indicating the availability of spare parts and the time necessary for delivery.

(x) Any other information requested in writing by the Engineer.

BIDS BASED ON PRODUCTS WHICH HAVE NOT RECEIVED THE APPROVAL OF

THE ENGINEER MAY BE DETERMINED NON-RESPONSIVE BY THE OWNER AND

REJECTED.

Any Bidder intending to furnish substitute products is cautioned to verify that the item being furnished will perform the same functions and have the same capabilities as the item specified. The Bidder shall include in his Bid the cost of accessory items which may be required by the substitute product and the cost of any architectural, structural, mechanical, piping, electrical or other modifications required to accommodate the substitution.

Approval of the Engineer is dependent on his determination that the product offered is essentially equal in function, performance, quality of manufacture, ease of maintenance, reliability, service life and other criteria to that on which the design is based, and will require no major modifications to structures, electrical systems, control systems or piping systems.

9. Unit Prices: Each Bidder shall state in the blank spaces provided on the Bid form unit prices requested, and, opposite each unit price the total amount for the estimated quantity of each item of work or type of material. Unit prices shall be indicated in figures while the total Bid shall be indicated in both figures and words. The unit prices shall include all labor, materials, tools, equipment, apparatus, overhead, including home office overhead, and services necessary and required to complete the work in accordance with the Contract Documents. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if quantities originally contemplated are materially changed in a proposed Change Order or Construction Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Contractor, the applicable unit prices shall be equitably adjusted.

10. Rejection of Bids and Qualifications of Bidder:

a. The Owner may, when in its interest, reject any or all Bids.

b. The Owner may make such investigations as it deems necessary to determine the ability of a Bidder to perform the work, and the Bidder shall furnish to the Owner such information as the Owner may request.

c. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

d. Conditional Bids will not be accepted.

e. THE BIDDER SHALL SUBMIT A LIST OF THE

SUBCONTRACTORS AND MAJOR MATERIAL SUPPLIERS. FAILURE TO

SO LIST WILL RESULT IN A BID BEING DETERMINED

NONRESPONSIVE.

11. Bid Bond: Each Bid must be accompanied by a Bid bond prepared on the form of Bid Bond attached hereto, duly executed by the Bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of five percent (5 %) of the Bid, if the Bid exceeds $100,000.

a. Such Bid bonds will be returned to all except the three lowest responsible Bidders within ten (10) days after the opening of Bids, and the remaining Bid bonds will be returned promptly after the Owner and the accepted Bidder have executed the Contract, or, if no award has been made within ninety (90) days after the date of the opening of Bids, upon demand of the Bidder at any time thereafter, so long as he has not been notified of the acceptance of his Bid.

b. The Bid Bond of the successful Bidder will be retained until the Payment Bond and Performance Bond required hereinafter have been executed and approved, after which the Bid Bond will be returned.

c. All Bid Bonds, Performance Bonds, and Payment Bonds, Insurance Contracts, and Certificates of Insurance shall be executed by or countersigned by an attorney-in-fact or a South Carolina licensed agent of the surety or insurance company having his place of business in the State of South Carolina. Further, the said surety or insurance company shall be duly licensed and qualified to do business in the State of South Carolina. Surety companies signing bonds must appear on the Treasury Department’s current list (Circular 570, as amended).

12. Performance Bond, Payment Bond and Notice to Proceed: A Performance Bond and Payment Bond, each in the amount of one hundred (100%) percent of the contract price, with corporate surety listed on the Treasury Department’s most current list (Circular 570, as amended), approved by the Owner, will be required for the faithful performance of the Contract.

a. The Performance Bond shall remain in full effect through the warranty period specified in the Contract Documents.

b. Attorneys-in-Fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with each bond a certified and effective dated copy of their power of attorney.

c. The party to whom the contract is awarded will be required to execute the Agreement and obtain a Performance Bond, a Payment Bond and Certificates of Insurance within fifteen (15) calendar days from the date of the Notice of Award.

d. The Notice of Award shall be accompanied by the necessary Agreement and Bond forms. In case of failure by the Bidder to execute the Agreement, the Owner may at his option consider the Bidder in default, in which case the Bid Bond accompanying the Bid shall become the property of the Owner.

e. The Owner, within thirty (30) calendar days of receipt of the required Performance Bond, Payment Bond, Certificates of Insurance and Agreement signed by the party to whom the Agreement was awarded, shall sign the Agreement and return to such party an executed duplicate of the Agreement.

f. Engineer shall be responsible for verifying the availability and adequacy of the insurance of its subcontractors and/or subconsultants.

g. Should the Owner not execute the Agreement within such period, the Bidder may, by written Notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the Notice by Owner.

h. The Notice to Proceed shall be issued within fifteen (15) calendar days of the execution of the Agreement by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such period; the time may be extended by mutual agreement between the Owner and Contractor. If the Notice to Proceed has not been issued within the fifteen (15) calendar day period or within the period mutually agreed upon, the Contractor may terminate the Agreement without further liability on the part of either party.

13. Time of Completion and Liquidated Damage: The Bidder must agree to commence work on or before a date to be specified in the Notice to Proceed.

a. All work required by the Contract Documents shall be completed within the time for completion specified in the Bid unless modified by Change Order in which case the date for completion of all work shall be as specified therein.

Measurement of the time for completion shall commence on the date specified in the Notice to Proceed.

b. Bidders must agree also to pay as liquidated damages, the sum of money for each consecutive calendar day thereafter as shown below and as hereinafter provided in the Contract between Owner and Contractor.

Completion Time Liquidated Damages

See Section 3.4.1 of the Agreement November 30, 2026 Substantial Completion December 31, 2026 Final Completion Between Owner and Contractor

14. Bidders Duty to Become Informed About Conditions of Work: Each Bidder must inform himself fully of the conditions relating to the construction of this project and the employment of labor therein.

a. Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents.

b. Failure to do so will not relieve a successful Bidder of his obligation to furnish all material and labor necessary to carry out the provisions of his contract.

c. Insofar as possible, the Contractor, in carrying out his work must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor.

d. After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding concerning quantities of work or concerning the nature of the work to be done.

15. Notice of Special Conditions: Attention is particularly called to relevant parts of the Owner’s Procurement Code, the Contract Documents, and Specifications which deal with the following:

a. Procurement Procedures including protest procedures.

b. Insurance requirements.

c. Subcontracting.

16. Laws and Regulations: The Bidder’s attention is directed to the fact that all applicable Federal, State, county, municipal ordinances, laws, and regulations (and all other authorities having jurisdiction over construction of this project) shall apply to the Contract throughout, and these shall be deemed to be included in the Contract the same as though herein written out in full. When related requirements of the various laws and regulations differ, the more stringent will be required and enforced.

17. State License: Each Bidder must meet the provisions of Section 40-11-10, et seq. of the Code of Laws of South Carolina 1976, as applicable.

18. Method of Award: The contract will be awarded to the responsive, responsible Bidder submitting the lowest Bid. The Bidder to whom the award is made will be notified at the earliest possible date. The Owner reserves the right to reject all Bids and to waive any informality in Bids received whenever such rejection or waiver is in its interest and as provided in Owner’s Procured Code.

19. Determination of Bid Amount. In the event of discrepancy between the prices quoted in the Bid in words and those quoted in figures, the words shall control.

20. Basis for Determining Responsiveness and Responsibility:

a. The Bidder shall submit its Bid on the forms furnished by the Owner. All blank spaces in the Bid forms must be properly filled in for each and every item. The Bidder shall state the price for which it proposes to do the work.

b. The Bidder shall sign the Bid correctly (See Article 2 of the General Conditions).

i. If the Bid is made by an individual, his/her name and post office address must be shown. “Owner” must appear after the name.

ii. If made by a partnership, the name and post office address for each member of the partnership must be shown. Each partner must sign with the word “Co-Partner” following his/her name.

iii. If made by a corporation, the person signing the Bid shall give the name of the state under the laws of which the corporation was chartered and the name, titles and business address of the president, secretary, and the treasurer. A corporation shall seal the document with the corporate seal.

iv. Anyone signing a Bid as an agent shall file evidence of his authority to do so and that the signature is binding upon the firm or corporation.

c. A responsive Bidder or offer or means a person who has submitted a Bid which conforms in all material respects to the Invitation For Bids. A non-inclusive list of reasons that a Bid shall be considered nonresponsive follows:

i. If the Bid is on a form other than that furnished by the Owner, or if the Owner’s form is altered, or if the Bid form fails to reference the Project Specifications and the Contract Documents.

ii. If there are unauthorized additions, conditions, or alternate pay items, or irregularities of any kind which made the Bid incomplete, indefinite, or ambiguous.

iii. If the Bid does not contain a unit price for each item listed in the Bid.

iv. If the Bids or prices on all or certain Bid items are unreasonably low or unreasonably high.

v. If the Bid contains unit prices that are obviously unbalanced.

vi. If the Bid is not accompanied by the Bid Bond specified by the Owner.

vii. If the Bid does not acknowledge addenda received.

d. Responsibility will be based on the following, non-inclusive factors:

i. Maintains a permanent place of business.

ii. Has adequate plant equipment to do the work properly and within the time limit that is established.

iii. Has adequate financial status to meet his obligations contingent to the work.

iv. Has a work history which indicates an ability to meet the obligations under the conditions of the Contract.

v. Has sufficient skill, judgment and integrity necessary to faithfully perform the Contract.

vi. Has sufficient facilities, equipment, personnel, and material necessary to do the job required under the Contract.

The determination by the Owner as to whether any or all of the above items, (c) or (d), are satisfactory shall be conclusive.

e. Prior to the award of the Contract, the Owner may require any Bidder to furnish evidence of the competency and financial ability of said Bidder to perform the Work and, if after investigation, such evidence is not satisfactory, the Owner reserves the right to reject his Bid.

f. The Owner reserves the right to reject any irregular Bid(s) and the right to waive informalities, minor defects or technicalities if such waiver is in the best interest of the Owner and conforms to local laws and ordinances pertaining to the letting of construction contracts. The Owner reserves the right to reject any and all Bids. Any Bid may be withdrawn prior to the above scheduled time for the opening of Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered. Should there be reasons why the contract cannot be awarded within the specified period; the time may be extended by mutual agreement between the Owner and the Bidder.

21. Withdrawal of Bid, Failure to File Bond or Insurance Certificates:

a. If the successful Bidder, for any reason whatsoever, withdraws from competition after the opening of Bids, or fails or refuses to execute the Contract or provide the Bonds and Insurance Certificates within fifteen (15) calendar days after Contractor has received notice of award, Contractor shall forfeit to the Owner the Bid security as liquidated damages for such withdrawal, failure or refusal, and, without limitation, shall be subject to any and all other remedies available to the Owner.

b. Failure on the part of the successful Bidder to execute a Contract and file acceptable bonds and certificates of insurance within fifteen (15) calendar days after Notice of Award shall be just cause for annulment of the award and forfeiture of the Bid security.

c. The Owner may then accept the Bid of the next lowest responsible Bidder, or re-advertise for Bids. If the Bid of the next lowest Bidder is accepted, this acceptance shall bind such Bidder as though that Bidder was the original successful Bidder.

22. Obligation of Bidder: At the time of the opening of Bids, each Bidder will be presumed to have visited and inspected the site in sufficient detail to fully acquaint itself with the site, local conditions, surface and subsurface, to have read and be thoroughly familiar with the Contract Documents (including all addenda). The failure or omission of any Bidder to examine any form, instrument, or document to which mention is made, or to which reference is made, in the plans or Contract Documents, or Bidder’s failure to sufficiently examine the site, or Bidder’s failure to be aware of applicable laws, statutes, ordinances, rules or regulations, whether local, State or Federal, in no way will relieve any Bidder from any obligation in respect to the Bid or from the obligations to be assumed under the Contract.

23. Award: If the Contract is awarded, the Owner will accept the Bid and award the Contract to the successful Bidder within ninety (90) days after the opening of Bids, by written notice to the successful Bidder.

24. Safety: The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 91-54).

25. Engineer:

a. The Engineer is: Ardurra

b. Engineer’s address is: 55 Beattie Place, Suite 200 Greenville, SC 29601

c. Engineer’s telephone number is: 864-990-0180

26. Prequalification Items: Attention is directed to Item No. 8 of Information for Bidders (“Equal Alternative Items”). The following items, if specified therein, require pre-qualification:

a.

b.

c.

27. Two Percent Withholding Nonresident Contractors: NOTICE: If the Contractor is a nonresident, compliance must be shown with S. C. Code Ann. §12-8-550, quoted here:

A person hiring or contracting with a nonresident conducting a business or performing personal services of a temporary nature within this State shall withhold two percent of each payment in which the South Carolina portion of the contract exceeds or could reasonably be expected to exceed ten thousand dollars. This section does not apply to a nonresident which registered with the Secretary of State or the Department of Revenue and by that registration agreed to be subject to the jurisdiction of the department and the courts of this State to determine its South Carolina tax liability, including withholding and estimated taxes, together with any related interest and penalties. Registering with the Secretary of State or the department is not an admission of tax liability nor does it require the filing of an income tax or franchise (license) tax return. If the person hiring, contracting, or having a contract with a nonresident obtains an affidavit from the nonresident stating that the nonresident is registered with the department or with the Secretary of State, the person is not responsible for the withholding.

This is in addition to withholding for employees and state sales tax. Even if the out-of-state contractor has a South Carolina Tax number and is regularly filing state tax returns, this withholding requirement applies. The two percent is over and above the usual 10% retainage.

Under the law the contractor can assure payment to the South Carolina Tax Commission by posting an acceptable bond in the sum of two percent of the total contract in lieu of the withholding. The Tax Commission will then notify the Owner that withholding is not necessary.

NOTE: Owner will not bear the burden of withholding and accounting and requires any such out-of-state contractor to seek and obtain such a bond so that withholding will not be necessary. Proof of such a bond must be submitted to the Owner prior to any payments being made to the Contractor and must be submitted prior to certification by Owner’s attorney.

Further information concerning this requirement is available from:

South Carolina Department of Revenue and Taxation Income Tax Division – Withholding Tax Unit

P. O. Box 125 Columbia, South Carolina 29214

(803) 737-4757

28. Attention Regarding Notice and Claim Procedure: There are two Acknowledgment Forms, #1 and #2, about notices required under the contract document and claim procedures to be followed. Acknowledgement Form #1 is required to be executed at the pre-Bid conference and given to the Engineer. Acknowledgment Form #2 is to be executed and returned with the Bid package. Both forms are attached to these instructions for your use.

29. Post-Bid Qualifications Submittal: Within twenty-four (24) hours following the Bid opening, the apparent low Bidder shall submit information to substantiate Bidder's qualifications. This submittal shall include (1) name and background of project manager and project superintendent proposed for the Work, (2) experience with critical path project scheduling as described in the Specifications, and (3) documentation demonstrating compliance with the minimum qualifications which shall include satisfactory completion or satisfactory progress, if projects are currently under construction, of at least five projects with similar type construction and with a construction cost of not less than fifty (50%) percent of the Contract Sum proposed in the Bid within the past ten years. Experience on projects performed by any of the Bidder's related or affiliated companies will not be considered in the evaluation of the Bidder's experience as required herein.

Every Bidder shall disclose any history where any officer of the Bidder, the Bidder Company or entity, its subsidiaries or affiliates, or predecessor companies held an interest in a construction contract and where that contract was terminated for cause or where there was a failure to perform.

If termination or failure of performance occurred, the time, place, personnel involved, Contract parties and circumstances shall be fully disclosed. These facts may result in a determination the Bidder is not responsible.

Minimum qualifications of the project manager and project superintendent referenced in

(1) above shall include 5 years of experience with projects with similar type construction with increasing responsibilities. Project superintendent shall show experience as project superintendent on at least one similar type construction project. Project manager shall show experience as project manager on at least four projects with similar type construction with a Contract value of not less than fifty (50%) percent of the Contract Sum proposed in the Bid. Bidder shall provide the Owner's name, address, telephone number, contact individual, date and project name, including size and Contract value for each project fulfilling the above requirements for the project manager and project superintendent. Any substitutions or replacements for either individual shall meet the same requirements as listed above. References for projects performed for ReWa or as a subcontractor shall not be considered.

30. In addition, in a spirit of good faith and cooperation, the Owner, the Contractor and the Engineer, or their designees, are to meet monthly. At each monthly meeting written minutes shall be kept by the Owner’s Engineer showing a monthly discussion of any and all pending claims to ascertain the status of pending claims. If there are not claims the minutes shall reflect the fact. No claim is to be discussed unless it has been presented in writing as required by the Contract Documents. No claim shall be resolved until reviewed by the Engineer and the Engineer’s recommendation made to the Executive Director of the Owner. These monthly meeting minutes shall be circulated to the Owner and the Chief Executive Officer of the Owner. These monthly meeting minutes shall be circulated to the Owner and the Contractor for corrections or omissions, signed and returned to the Engineer.

31. The purpose of the notices, procedures and meetings requirement is to provide the Contractor with a means of giving notice and for making claims as they arise, in the belief that the earlier such are presented and considered, the quicker they may be resolved. At the same time, this formal written procedure brings exact knowledge to the Owner and Engineer, so that the Owner may have sufficient time to consider alternatives or methods as means to minimize costs and time delays. Both the parties and the Engineer are expected to expedite all disputes, to not let claims accumulate, and to strictly follow these requirements.

32. Contractor shall file any and every claim in the form and manner required by the Contract Documents. Failure to comply with the time requirements and the claims procedure shall result in the loss of the claim and may result in suspension of the Work or termination of the Contract by the Owner.

33. Claims are not to be held back or allowed to accumulate, but are to be timely presented so that the Owner may respond by appropriate action. The Owner must have an opportunity to consider the nature, extent and full cost of a claim and an opportunity to consider alternatives and options to contain costs.

34. When preparing a bid/proposal, electronic payment processing fees shall be included in all unit prices. No price increases shall be permitted for accepting electronic payment from ReWa.

00120

1. GENERAL CONDITIONS GOVERNING AWARD OF CONTRACT

1.1 Award.

1.1.1 The award of the Contract, if it is awarded, will be to the lowest responsible Bidder whose qualifications indicate the award will be in the best interest of the Owner and whose Bid complies with all the prescribed requirements.

1.1.2 No Notice of Award will be given until the Owner has concluded such investigations as it deems necessary to establish the responsibility, qualifications and financial ability of the Bidders to do the Work in accordance with the Contract Documents to the satisfaction of the Owner within the time prescribed.

1.1.3 The Owner reserves the right to reject the Bid of any Bidder who does not pass any such investigation as described in 1.1.2 to the Owner’s satisfaction. In analyzing Bids, the Owner may take into consideration alternate line items and unit prices, if required by the Bid Schedule. Award decisions on alternate line items, if any as required by the Bid Schedule, shall be in Owner’s discretion based on identifying the Bid alternate line items fair and reasonable as compared to the Project Engineer’s estimate.

1.1.4 If the Contract is awarded, the Owner will give the successful Bidder a Notice of Award within ninety (90) days after the opening of the Bids. The Owner will have the right to waive minor technicalities (in accordance with its Procurement Regulations) and accept a Bid by a qualified Bidder.

1.2 Execution of the Agreement

1.2.1 The Agreement and such other Contract Documents as practicable will be signed by the Owner and the Contractor within fifteen (15) calendar days from the date of the Notice of the Award.

1.2.2 The Contractor will submit to the Owner, within fifteen (15) calendar days from the date of the Notice of Award,

(a) Signed Agreements between Owner and Contractor, including the General Conditions of the Contract;

(b) Performance Bonds;

(c) Payment Bonds;

(d) Original Certificates of Insurance governing every policy required under the Contract Documents;

(e) Original, signed copies of Contractor's Corporate Resolution; and

(f) Contractor's statement of compliance with S.C. Code § 12- 8-550.

1.2.3 The Owner’s attorney shall determine if the Bonds, Certificates of Insurance, agreements, and other documentation are acceptable according to the requirements of the Contract Documents and will certify as to their acceptability by signing the Certificate of Owner's Attorney.

1.2.4 If the Owner’s attorney determines that the required documents are unacceptable, the provisions of Article 2.5 of the General Conditions shall apply. If the Owner’s attorney certifies that the required documents are acceptable, the Owner shall sign the Agreement within fifteen (15) calendar days of receipt of the Agreement and the other required documents from the attorney.

The Engineer will identify those portions of the Contract Documents not so signed and such identification will be binding on all parties. The Owner, the Contractor and the Engineer will each receive an executed counterpart of the Contract Documents.

1.3 Execution of Documents by Contractor

1.3.1 The Contractor shall execute each copy of the Bid, Contract, Performance Bond and Payment Bond as follows:

(a) If the documents are executed by a sole owner, that fact shall be evidenced by the word "Owner" appearing after the name of the person executing them.

(b) If the documents are executed by a partnership, that fact shall be evidenced by the word "Co-Partner" appearing after the name of the partner executing them.

(c) If the documents are executed on the part of a corporation, they shall be executed by either the president or the vice president and the title of the office of such persons shall appear after their signatures. The seal of the corporation shall be on each signature page of the documents.

(d) If the documents are made by a joint venture, they shall be executed by each member of the joint venture in the above form for sole owner, partnership or corporation, whichever form is applicable to each particular member.

(e) All signatures shall be properly witnessed as required by the document.

(f) If the contractor's license is held by a person other than an owner, partner or officer of a firm, then the licensee shall also sign and be a party to the contract. The title "Licensee" shall appear under his/her signature.

(g) The Bonds shall be executed by an attorney in fact. There shall be attached to each copy of the bond a certified copy of power of attorney properly executed and dated.

(h) Each copy of the bonds shall be countersigned by an authorized individual agent of the bonding company licensed to do business in South Carolina. The title "Licensed Resident Agent" shall appear after the signature.

(i) The seal of the bonding company shall be impressed on each signature page of the Bonds.

(j) The Contractor's signature on the performance bond and the payment bond shall correspond with that on the Contract Documents.

1.4 Delivery of Bonds and Insurance Certificates

1.4.1 When the Contractor delivers the executed Agreements to the Owner, the Contractor shall also deliver to the Owner such Bonds and Certificates of Insurance as the Contractor may be required to furnish in accordance with the Contract Documents. Contractor shall submit one original set of documents.

1.5 Forfeiture of Bid Security

1.5.1 Failure of the successful Bidder to execute and deliver the agreement and deliver the required Bonds within fifteen (15) calendar days of the Notice of the Award shall be just cause for the Owner to annul the Notice of Award and declare the Bid and any security therefore forfeited.

1.6 Copies of Documents

1.6.1 The Owner will furnish to the Contractor up to five (5) copies of the Specifications and Drawings as are…