PD Terry Park Pickle and Tennis Courts.pdf

PD Terry Park Pickleball Courts and Tennis Courts

Bid #2026-005

October 2026

SOLICITATION OFFER AND AWARD FORM

CITY OF FOUNTAIN INN, SOUTH CAROLINA

REQUEST FOR BIDS, OFFER, AND AWARD

********************************************Solicitation Information****************************************

1. SOLICITATION: #2026-005 4. Brief Description of Project:

PD Terry Park Pickleball and Tennis Courts

2. ISSUE DATE: October 1, 2026

3. FOR INFORMATION CONTACT: Russ Slatton russell.slatton@fountaininn.org

5. SUBMIT BID TO:

City of Fountain Inn SC 200 North Main Street Fountain Inn, SC 29644 Attn: Bid #2022-005

A Pre-Bid Meeting will be held on October 9, 2026 at 10:00 A.M. on site at PD Terry Park, Fountain Inn, SC 29644

6. Submission Deadline: Thursday, October 22, 2026 Time:2:00 P.M.

7. Submit Sealed Bid

8. Firm Offer Period:

Bids submitted shall remain firm for a period of sixty (60) calendar days from date specified in block 6.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>Offer (To be completed by Bidder)<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<

1. BUSINESS

CLASSIFICATION

(Check Appropriate Box)

Woman Business Enterprise Minority Business Enterprise Disadvantaged Business Enterprise

10. Additional Information: In compliance with above, the undersigned agrees, if this bid is accepted within the period specified in Block 8 above, to furnish any or all other further information requested by the City of Fountain Inn.

11. Bidder’s name and address (Type or print):

E-mail address: _____________________________________ Telephone # : _________________ Fax #: ______________ Federal Identification #:

12. Name & Title of Person Authorized to sign the Bid (Type or Print):

13. Bidder’s Signature & Date:

Award (To be completed by the City of Fountain Inn

14. Total Amount of Award: 15. Successful Bidder:

16. Contracting Officer or Authorized Representative: Shawn Bell

17. Signature: 18. Award date:

mailto:Shawn.bell@fountaininn.org

CONTENTS OF BID PACKAGE

SECTION I Bid/Proposal Schedule

SECTION II Information and Conditions for Bidders Exhibit A Non-Collusion Affidavit Form

SECTION III Information Required of Party Making the Bid

SECTION IV Bid Form

SECTION V Contractor’s Agreement Exhibit A Scope of Work/Specifications Exhibit B General Conditions

ADDENDA

Addendum B Change Order Form Addendum C PD Terry Park Construction Documents

SECTION I

BID/PROPOSAL SCHEDULE

PROJECT NO.: 2026-005 PURCHASE ORDER NO.:

FILE NO.: PROJECT MANAGER: Russ Slatton

AD FOR (BIDS) (PROPOSALS): October 1, 2026

PRE-BID CONFERENCE: _______October 9, 2026 on site @ 10:00 A.M.

DEADLINE FOR RECEIVING (BIDS): October 22, 2026 @ 2:00 P.M.

OPENING BIDS: October 22, 2026 @ 2:00 P.M.

TENTATIVE START DATE: January 5, 2027

COMPLETION DATE: April 30, 2027

LIQUIDATED DAMAGES: $250.00/day

(CONTRACTOR COST/DAY FOR LATE COMPLETION

See enclosed documents for details.)

SECTION II

INFORMATION AND CONDITIONS FOR BIDDERS

WARNING:

READ THIS DOCUMENT CAREFULLY. DO NOT ASSUME THAT IT IS THE SAME AS OTHER

SIMILAR DOCUMENTS YOU MAY HAVE SEEN, EVEN IF RECEIVED FROM THE CITY OF

FOUNTAIN INN.

1. Preparation of Bid Forms. The City of Fountain Inn, a body politic and corporate and a political subdivision of the State of South Carolina, (hereinafter referred to as “City”) invites bids on the forms included in this bid package (the “Bid Package”) to be submitted at the time and place stated in the Notice Calling for Bids (the “Notice”). Bids shall be submitted on the prescribed Bid Forms, which, along with all other documents in the Bid Package, must be completed in full.

Bidders must complete a base bid or alternate bid for each project but not necessarily both. The award will be based on the lowest total cost of the project. All labor, material, equipment, overhead, direct, indirect costs and profit are to be included in prices submitted in bids. All bid items and statements shall be properly and legibly filled out. Numbers shall be stated both in words and in figures where so indicated, and where there is a conflict in the words and the figures, the words shall govern. In the case of discrepancies for a line item due to rounding, the unit price times the estimated quantity shall determine the line item cost. In the case of discrepancies between the individual bid forms and the summary form the individual forms shall govern. The signatures of all persons shall be in long hand. Prices, wording and notations must be in ink or typewritten. Erasures or other changes shall be noted over by signature of the bidder.

2. Form and Delivery of Bids. The bid must conform and be responsive to all requests in the bid documents and shall be made on the Bid Form provided, and the complete bid, together with all additional materials required in the Bid Package, shall be enclosed in a sealed envelope, and addressed and hand delivered or mailed to the Office of the City of Fountain Inn, 200 North Main Street, Fountain Inn, SC 29644 and must be received on or before the time set forth in the Notice for the opening of bids. The envelope shall be plainly marked in the upper left-hand corner with the bidder’s name, the project designation and the date and time for the opening of bids. It is the bidder’s sole responsibility to ensure that its bid is received prior to the bid deadline. Any bid received after the scheduled closing time for receipt of bids shall disposed of unopened. At the time set forth in the Notice for the opening of bids, the sealed bids will be opened and publicly read aloud at the place indicated in the Notice.

3. Bid Security. Each bid shall be accompanied by a bid security in the form of cash, a certified or cashier’s check or bid bond in the amount of not less than five percent (5%) of the total bid price payable to the City and shall be given as a guarantee that the bidder, if awarded the contract, will execute the Contractor’s Agreement, in substantially similar form to the Contractor’s Agreement in Section V of this Bid Package (the “Contractor’s Agreement”), within seven (7) days after mailing of the Notice of Award of Contract, and will furnish prior to the execution of the Contractor’s Agreement, a satisfactory Faithful Performance Bond in an amount not less than One Hundred percent (100%) of the total bid price and separate Payment (labor and material) Bond in an amount not less than One Hundred percent (100%) of the total bid price in accordance with state law and furnish certificates evidencing that the required insurance is in effect in the amounts set forth in the General Conditions of the Contractor’s Agreement (the “General Conditions”). The Faithful Performance Bond shall remain in full force and effect through the guarantee period as specified in the General Conditions. In case of refusal or failure to timely execute the Contractor’s Agreement and furnish the required bonds and insurance certificates, the bid security shall be forfeited to the City.

4. Signature. The Bid Form, all bonds, the Designation of Subcontractors Form, all Information Required of Bidder, Workers Compensation Certificate, Drug Free Workplace Certification, Non- Collusion Affidavit, the Contractor’s Agreement when executed, and any and all Guarantees must be signed in the name of the bidder and must bear the signature of the person or persons duly authorized to sign these documents. If bidder is a corporation, the legal name of the corporation shall first be set forth, together with two signatures: one from among the chairman of the board, president or vice president and one from among the secretary, chief financial officer, or treasurer.

Alternatively, the signature of other authorized officers or agents may be affixed, if duly authorized by the corporation. Such documents shall include the title of such signatories below the signature and shall bear the corporate seal. In the event that the bidder is a joint venture, partnership or limited liability company, there shall be submitted with the bid a statement signed by authorized officers of each of the parties to the joint venture, partnership or limited liability company, naming the individual who shall be the agent of the joint venture, partnership or limited liability company, who shall sign all necessary documents for the joint venture, partnership or limited liability company and, should the joint venture, partnership or limited liability company be the successful bidder, who shall act in all matters relative to the Contractor’s Agreement for the joint venture, partnership or limited liability company. If bidder is an individual, his or her signature shall be placed on all such documents.

5. Modifications. Changes in or additions to any of the documents contained in the Bid Package, alternative proposals, or any other modifications, which are not specifically called for by the City, may result in the City’s rejection of the bid as not being responsive. No oral or telephonic modifications of any bid will be considered. Prior to the opening of bids, a written modification signed by bidder postmarked and received by City prior to the opening of bids or a facsimile modification duly signed by bidder received prior to the opening of bids may be considered by the City.

6. Erasures, Inconsistent or Illegible Bids. The bid submitted must not contain any erasures, interlineations, or other corrections unless each such correction creates no inconsistency and is suitably authenticated by the signature(s) of the person(s) signing the bid. In the event of inconsistencies between words and figures in the bid, words shall control figures. In the event that the City determines that any bid is unintelligible, illegible or ambiguous, the City may reject such bid as not being responsive.

7. Examination of Site and Project Documents. At its own expense and prior to submitting its bid, each bidder shall examine all documents contained in the Bid Package; visit the sites and determine the local conditions which may in any way affect the performance of the work, including, but not limited to, the general prevailing rate of per diem wages and other relevant cost factors; familiarize itself with all Federal, State and local laws, ordinances, rules, regulations and codes affecting the performance of the work, including the cost of permits and licenses required for the work; make such surveys and investigations, including investigation of subsurface or latent physical conditions at the site or where work is to be performed, as it may deem necessary for performance of the work at its bid price; determine the character, quality, and quantities of the work to be performed and the materials and equipment required; and correlate its observations, investigations, and determinations with all requirements of the work and project contemplated herein (hereinafter referred to as the “Project”). The City is not making any warranties regarding any conditions of the sites or information contained in the bid documents. The City shall not be liable for any loss sustained by the successful bidder resulting from any variance between the conditions and design data given in the bid documents and the actual conditions revealed or which should have been revealed during the bidder’s pre-bid examination or during the progress of the work. Bidder agrees that the submission of a bid shall be incontrovertible evidence that the bidder has fully and adequately inspected and evaluated the Project and has complied with all the requirements of this paragraph.

8. Withdrawal of Bids. Any bid may be withdrawn by written request, or by email transmission confirmed in the manner specified above for bid modifications, at any time prior to the scheduled closing time for receipt of bids. The bid security for bids withdrawn prior to the scheduled closing time for receipt of bids, in accordance with this paragraph, shall be returned to the withdrawing bidder. No bid may be withdrawn for a period of ninety (90) calendar days after bids are opened.

9. Agreement and Bonds. The successful bidder (hereinafter referred to as the “Contractor”) will be required to furnish a faithful performance bond in the amount of One Hundred percent (100%) of the total contract price, and certificates of insurance as required in the Contractor’s Agreement, prior to execution of the Contractor’s Agreement. The Contractor’s Agreement, which the Contractor will be required to execute, and the performance bond, which the Contractor will be required to furnish prior to execution of the Contractor’s Agreement, shall contain language requiring that the Payment (Labor and Material) bond shall be in the amount of not less than One Hundred percent (100%) of the amount of the total contract price of the successful bid as required by state law.

10. Interpretation of Bid Documents. If any bidder is in doubt as to the true meaning of any part of the Bid Package, or finds discrepancies in, or omissions from any drawings and specifications, a written request for an interpretation or correction thereof may be submitted to the City. The bidder submitting the written request shall be responsible for its prompt delivery. Any interpretation or correction of the bid documents will be made only by addendum duly issued by the City, and a copy of such addendum will be hand delivered or mailed or emailed to each bidder known to have received a Bid Package. All such addenda shall become part of the Bid Package and all bidders shall be bound by such addenda, whether or not received by all bidders. No person is authorized to make any oral modification of any provision in the bid documents, nor shall any oral modification be binding upon the City. If discrepancies on drawings, or in plans or specifications, or conflicts between drawings, plans, specifications, terms or conditions exist, the interpretation of the City shall prevail. Bidder shall become familiar with the plans, specifications, and drawings, if any. SUBMITTAL OF A BID WITHOUT CLARIFICATIONS SHALL BE

INCONTROVERTIBLE EVIDENCE THAT THE BIDDER HAS DETERMINED THAT THE

PLANS, SPECIFICATIONS AND DRAWINGS ARE SUFFICIENT FOR BIDDING AND

COMPLETING THE WORK; THAT BIDDER IS CAPABLE OF READING, FOLLOWING

AND COMPLETING THE WORK IN ACCORDANCE WITH THE PLANS SPECIFICATIONS

AND DRAWINGS; THAT THE PLANS, SPECIFICATIONS AND DRAWINGS FALL

WITHIN AN ACCEPTABLE STANDARD FOR PLANS, SPECIFICATIONS AND

DRAWINGS; AND THAT BIDDER AGREES THAT THE PROJECT CAN AND WILL BE

COMPLETED ACCORDING TO THE CITY’S TIMELINES AND ACCORDING TO THE

PROGRESS SCHEDULES TO BE SUBMITTED BY THE SUCCESSFUL BIDDER

INCORPORATING THE CITY’S TIMELINES FOR COMPLETION OF THE PROJECT.

11. Bidders Interested in More than One Bid. No person, firm or corporation shall be allowed to make, or file, or be interested in more than one bid for the same work unless alternate bids are specifically called for the by City. A person, firm, or corporation that has submitted a sub-proposal to a bidder, or that has quoted prices of materials to a bidder, is not thereby disqualified from submitting a proposal or quoting prices to other bidders or submitting a bid on the Project.

12. Award of Contract. The City reserves the unqualified right to reject any or all bids, or to waive any irregularities or informalities in any bids or in the bidding process. Bidders must complete a base bid or alternate bid for the Project but not necessarily both. The award will be based on the lowest total cost of the Project. In the case of discrepancies for a line item due to rounding, the unit price times the estimated quantity shall determine the line item cost. In the case of discrepancies between the individual bid forms and the summary form, the individual forms shall govern. If two identical low bids are received from responsive and responsible bidders, the City may elect to determine the Contractor by following Section 2-634(i) of the City’s Code of Ordinances. The award of the contract, if made by the City, will be by action of the City Administrator and/or City Council. In the event an award of the contract is made to the low bidder, and such bidder fails or refuses to execute the Contractor’s Agreement or fails to provide the required bond documents within seven (7) days after mailing of Notice of the Award of contract to the successful bidder, the City may award the contract to the next lowest responsive and responsible bidder or, at City’s sole discretion, release all bidders.

13. Alternatives. If alternate bids are called for, the contract may be awarded at the election of the City to the responsive and responsible bidder on the base bid, or on the base bid and any alternate and any deductive, or base bid and any combination of alternates and any deductives.

The award will be based on the lowest total cost of the Project.

14. Listing Sub-Contractors. Each bidder shall submit with its bid a list of any proposed subcontractors it intends to use on this Project. If alternate bids are called for and the bidder intends to use different or additional subcontractors, a separate list of subcontractors must be submitted for each such alternate bid.

15. Contractor’s License. If, at the time of the bid opening, bidder is not properly licensed to perform the services required for this Project in accordance with state law, such bid shall be rejected as non-responsive. No payment shall be made for work or materials under the contract unless and until the S.C. Department of Labor, Licensing and Regulations verifies to the City that the bidder was properly licensed at the time the bid was opened and at the time the Contractor’s Agreement was executed. Any bidder not so licensed is subject to penalties under the law and the Contractor’s Agreement, if executed, shall be void. The City will require the selected contractor and all subcontractors to have a valid Fountain Inn Business License prior to commencement of any construction.

16. Anti-Discrimination. It is the policy of the City that in connection with all work performed under City contracts, there shall be no unlawful discrimination against any prospective or active employee engaged in the work because of race, color, ancestry, national origin, religious creed, sex, age or marital status, physical disability, mental disability, or medical condition. In addition, the successful bidder agrees to require like compliance by any authorized subcontractors employed on the work by such bidder.

17. Hold Harmless. The Contractor, awarded the contract, shall indemnify and hold harmless the City, its council members, officers, agents, and employees from every claim or demand made, and every liability, loss, damage, or expense, including but not limited to, attorney’s fees, of any nature whatsoever, which may be incurred by reason of:

(a)(1) Death or bodily injury to person(s); (2) injury to, loss or theft of property; or (3) any other loss, damage or expense arising under either (1) or (2) above, sustained by the Contractor, its officers, agents, employees, or subcontractor’s and their employees arising out of or in any way connected with the work called for in this Project, except for liability resulting from the sole active gross negligence or willful misconduct of the City.

(b)Any injury to or death of any person(s) or damage to, loss or theft of any property, arising out of, or in any way connected with, the work covered by this Project, whether said injury or damage occurs either on or off City property, except for liability resulting from the sole active gross negligence or willful misconduct of the City.

The Contractor, at Contractor’s own expense, cost, and risk shall defend, at City’s request, any and all actions, suits, or other proceedings that may be brought or instituted against the City, its officers, agents or employees, on any such claim or liability, and shall pay or satisfy any judgment that may be rendered against the City, its council members, officers, agents, or employees in any action, suit or other proceedings as a result thereof.

18. Presumption of Surety Qualifications. All surety companies with a minimum rating of “A- VIII,” as rated by the current edition of Best’s Key Rating Guide, published by A.M. Best Contractor, Oldwick, New Jersey 08858 and qualified to do business in South Carolina shall be presumed to be satisfactory to the City for the issuance of insurance and bonds.

19. Liquidated Damages. All work must be completed within the time limits set forth in the Agreement. It is agreed that damages for the failure to complete the Project within the time limits required are impossible to ascertain. Should the work not be completed within the specified time for completion, the Contractor shall be liable for liquidated damages, payable to the City, in the amounts set forth in the Contractor’s Agreement.

20. Non-Collusion Affidavit. In accordance with the provisions of Section 7106 of the Public Contract Code, each bid must be accompanied by a non-collusion affidavit properly notarized, a copy of which is attached hereto as Exhibit A.

21. Change Orders. All change order requests must be submitted on the Change Order form, a copy of which is attached as an addendum to the Contractor’s Agreement. Material, labor, equipment, indirect, consequential and incidental costs, project management costs, extended home office and field office overhead, administrative costs and profit cannot exceed local rental/contract rates. Other charges greater than those locally available will not be allowed.

22. Invoicing Provisions. All invoices are to be mailed or emailed to the following address:

City of Fountain Inn, 200 North Main Street, Fountain Inn SC 29644, Attention: Russ Slatton.

1. The Contractor shall provide signed payment request forms to all subcontractors.

2. Each invoice will be date stamped when received by the City. Payments will be processed from the date received within 30 days.

Incorrect invoices will be returned to Contractor. The 30-day processing period will not begin until the corrected invoice is received. All invoicing or billing questions should be directed to:

Russ Slatton at rslatton@fountaininn.org23. Public Information and South Carolina Freedom of Information Act Requests. The City will make available to the public all public records of bids and contracts after award of the contract. Copies of said public records may be made in City Hall at the cost of the requesting party. All bids become a matter of public record at the time of the bid openings. By submitting a response to the Bid Package, bidders specifically assume any and all risks and liability associated with all information, including any information marked confidential, in the response and the release of information. The City, under no circumstances, shall be liable to any bidder or any other party for the legally mandated disclosure of any information submitted by any party making a Bid whether marked “Trade Secret” or otherwise marked as confidential. The City reserves the right not to consider bids in which all, or portions, of the bid is marked “Trade Secret” or otherwise marked as confidential.

24. Equal Opportunity. All persons and business organizations will receive consideration for an award of a contract without regard to age, gender, race, religion, color, or national origin.

25. Costs for Bid Preparation. Costs incurred in the preparation of the bid and subsequent demonstrations or any other activities related to the bid will be borne solely by the bidder. The rejection of any bid in whole or in part will not render the City liable for any cost or damage to any bidder.

26. Property of the City. All bids will become the property of the City and will not be returned.

Any information disclosed to the City in the bid solicitation and bid process will be considered an integral part of the bid.

27. City’s Right to Accept or Reject Bid. The City reserves the unqualified right to accept or reject any or all of the bids submitted. The City reserves the right to accept or reject any or all quotes or parts thereof and to award the contract as is determined to serve the City’s best interest.

The City reserves the right to contract with other firms at the City’s sole discretion. The City reserves the sole right to decide whether a bid does or does not comply with the requirements of the Bid Package, and to accept, reject or negotiate modifications of bids.

28. Small, Women-Owned and Minority-Owned Business Enterprise.

To promote free competition and equal opportunity, the City of Fountain Inn is committed to assisting small, minority-owned and woman-owned businesses in becoming active vendors with the City. The City of Fountain Inn encourages and invites small, woman, and/or minority owned businesses located inside and outside of the City to participate in the City’s procurement process.

It is the policy of the City to prohibit discrimination against any person or business in pursuit of procurement opportunities on the basis of race, color, national origin, ancestry, religion, disability, political affiliation or gender.

BY EXECUTION HEREOF, the Bidder acknowledges receipt and its understanding of the information and conditions contained hereinabove and agrees to be bound by same.

BIDDER

Print Name of Entity or Corporation

By: ___________________________________

Print Name: _____________________________

Its: ____________________________________

ATTEST: ______________________________

Print Name: ____________________________

Its: ___________________________________

EXHIBIT A

NON-COLLUSION AFFIDAVIT TO BE EXECUTED

BY BIDDER AND SUBMITTED WITH BID

STATE OF SOUTH CAROLINA )

COUNTY OF GREENVILLE )

PERSONALLY appeared before me_____________________________________________, being first duly sworn, who deposes and states that he or she is ___________________________ of ______________________________, the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, Contractor, association, organization, limited liability Contractor or corporation; that the bid is genuine and not collusive or a sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, Contractor, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Signature of Bidder

SWORN to before me this _________ day of _________________________, 20___

_____________________________ (L.S.)

NOTARY OF PUBLIC FOR SOUTH CAROLINA

My Commission Expires: ____________________.

(Attach Notary Seal)

SECTION III

INFORMATION REQUIRED OF PARTY MAKING THE BID

*THIS SECTION MUST BE FULLY COMPLETED*

The party making and submitting the Bid shall furnish all the following information accurately and completely. Failure to comply with this requirement will render the Bid informal and may cause its rejection. Additional pages may be attached if necessary. "You" or "Your" as used herein refers to the company and any of its owners, officers, directors, shareholders, members, parties or principals of the party making the Bid. The City has discretion to request additional information depending on the scope of the Project.

1. Contractor name and address:

2. Telephone No.:

3. Type of Entity: (check one) Individual ____ Partnership ____ Corporation ____

Limited Liability Company ____ Other

4. License No. (if any): _______________________________

Class:_____________________________

Name of license holder:

5. Have you or any of your principals ever been licensed under a different name or different license number? ______ Response must include information pertaining to principals' association outside of the firm.

If Yes, give name and license number:

6. Names and titles of all principals of the Proposer:

7. Number of years in the industry:

8. Has your firm or any of its principals defaulted so as to cause a loss to a surety? Response must include information pertaining to principals' association outside of the firm. ______

If the answer is "Yes," please provide dates, names and address of surety and details.__________________________________________________________________

9. Have you or any of your principals been assessed damages for any project in the past three

(3) years? Response must include information pertaining to principals' association outside of the firm. ________

If Yes, explain:

10. Have you or any of your principals been in litigation or arbitration or a dispute of any kind on a question or questions relating to a project during the past three (3) years? Response must include information pertaining to principals' association outside of the firm. _______

If Yes, provide name of public agency and details of the dispute.

11. Have you or any of your principals ever failed to complete a project in the last three (3) years? Response must include information pertaining to principals' association outside of the firm. ______

If so, give project’s name and details:

12. Do you now or have you ever had any direct or indirect business, financial or other connection with anyone who you knew then or know now to be an official, employee or consultant of the City? _____

If so, please elaborate.

13. List of References:

Include contracts of similar nature within the last three (3) years. City has discretion to require more than three (3) references.

Name:

Address and Telephone:

Contact Person:

Type of Project:

Dates of commencement and Completion of Project:

Contract Amount:

Dates of commencement and

Dates of commencement and

14. Contractor Profile and Experience:

The Contractor Profile should contain an overview of your organization and qualifications to provide the requested services. Be sure to include any relevant comparisons to the size, structure, timing, etc.

Place Profile Here:

15. In addition to this overview, detailed profile information should be provided in bold type underneath each of the following questions:

a. Where is your nearest office to Fountain Inn, SC?

b. Name(s) and bios of person(s) who will serve as our contact.

c. How many employees are in your company?

I certify and declare under penalty of perjury under the laws of the State of South Carolina that the foregoing Information Required of the Party Making the Bid provided by me herein is true and correct. Executed this ____ day of ____________, 20___.

(Name of Corporation or Entity)

By:

Title:

SECTION IV

BID FORM

Name of Party making the Bid:

To: City of Fountain Inn

Pursuant to the Notice Calling for Bids and the other Bid documents contained in the Bid Package, the undersigned bidder, having become familiarized with the Agreement, provided in Section V of the Bid Package, and having conducted a thorough inspection and evaluation of the Specifications, drawings (if any) and General Conditions contained therein, hereby proposes and agrees to be bound by all the terms and conditions of the Agreement and agrees to perform, within the time stipulated, the work to be performed hereunder at the pricing set forth herein, including all of its component parts, and everything required to be performed, and to provide and furnish and pay for any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the work and complete in a good workmanlike manner all of the work required in connection with the following project:

All in strict conformity with the Agreement, including all exhibits and Addenda thereto, contained in Section V of the Bid package, a copy of which shall be maintained at the City of Fountain Inn for the following Bid items:

Bid for the Work is set forth on the Bid Form attached as Addendum A

1. Each individual Bid has been determined from visiting the worksite, reviewing the requirements and Specifications and all other portions of the Bid documents, and shall include all items necessary to complete the work, including the assumption of all obligations, duties, and responsibilities necessary to the successful completion of all obligations of the Agreement, and the furnishing of all materials and equipment required to be incorporated in and form a permanent part of the work, the furnishing of tools, equipment, supplies, transportation, facilities, labor, and services required to perform and complete the work, and all bonds, insurance and submittals, pursuant to the requirements of the Bid Package, including, but not limited to, the Agreement and all Bid documents, whether or not expressly listed or designated.

2. It is understood that the City reserves the right to reject this Bid and that this Bid shall remain open and not be withdrawn for the period specified in the Notice Calling for Bids. The required (5%) Bid security is attached. The Agreement which the successful bidder will be required to execute, and the performance and payment bonds which the Contractor shall be required to furnish prior to execution of the Agreement shall contain language requiring that the Payment (Labor and Material) bond shall be in the amount not less than One Hundred percent (100%) of the contract sum of the successful bid as required by state law. The Contractor shall also be required to furnish a separate faithful performance bond in the amount of one hundred percent (100%) of the contract sum and certificates of insurance as required in the Agreement, prior to execution of the Agreement.

3. It is understood and agreed that if written notice of award of contract is mailed, transmitted by facsimile, or delivered to the bidder after the opening of the Bid, and within the time this Bid is required to remain open, or at any time thereafter before this Bid is withdrawn, the bidder will execute and deliver to the City the Agreement and provide the required payment and performance bond and certificates of insurance within seven (7) days of mailing of said notice. The bidder further agrees that the work under the Agreement shall be commenced by the bidder, if awarded the contract, on or before the seventh (7th) day following receipt of City’s Notice to Proceed, and shall be completed by the bidder in the time specified by the City in the Agreement.

4. Communications conveying acceptance of Bid, requests for additional information or other correspondence should be addressed to the bidder at the address stated below.

5. The name(s) of all persons interested in the Bid as principals are as follows:

6. It is understood and agreed that should the bidder fail or refuse to return executed copies of the Agreement, Payment and Performance Bonds, Workers Compensation Certificate, and required insurance certificates, to the City within the time specified, the Bid security shall be forfeited to the City.

7. The undersigned hereby warrants that the bidder has all required licenses, if any, that such licenses entitle the bidder to provide the work, that such licenses will be in full force and effect throughout the duration of performance under the Agreement, and that any and all subcontractors to be employed by the undersigned will have appropriate licenses.

8. It is understood and agreed that if requested by the City, the bidder shall furnish a notarized financial statement, references, and other information required by the City sufficiently comprehensive to permit an appraisal of the bidder's ability to perform the contract.

9. The undersigned hereby warrants that all work shall be completed on or before April 30, 2027. The undersigned agrees that failure to complete the work within the time set forth shall result in the imposition of liquidated damages for each separate calendar day (or part thereof) of delay in the amount of $ 250.00 for each day the work is not completed as set forth in the Contractor’s Agreement.

10. The undersigned warrants that the required Non-Collusion Affidavit has been properly executed, notarized and is attached.

11. It is understood and agreed that all change order requests must be submitted in the form set forth as an Addendum to the General Conditions of the Contractor’s Agreement. The amount of allowable charges submitted pursuant to a change order shall be limited to the rental charges in and around the City of Fountain Inn. Indirect, consequential and incidental costs, overhead, administrative costs and profit and other charges not normally expected will not be allowed. If Change Order work involves work items already agreed upon by unit process, the unit price will be the only allowable charge per each unit of work.

12. The undersigned hereby declares that all of the representations of this Bid are made under penalty of perjury under the laws of the State of South Carolina.

Print Name of Corporation or Entity

Print Name:

Date: _______________ Title:

ATTEST:

Title: _________________________

BID FORM

Name of Party submitting the Bid: _____________________________________________

To: City of Fountain Inn

Pursuant to the Notice Calling for Bids and the other Bid documents contained in the Bid package, the undersigned party submitting the Bid, having conducted a thorough inspection and evaluation of the Specifications contained therein, hereby submit the following pricing set forth herein:

Bid: #2026-005 PD Terry Park Pickleball and Tennis Courts

BASE BID-LUMP SUM:

Single-Prime Contract: The undersigned Bidder, having carefully examined the Procurement and Contracting Requirements, Conditions of the Contract, Drawings, Specifications, and all subsequent Addenda, as prepared by Studio Main, LLC, having visited the site, and being familiar with all conditions and requirements of the Work, hereby agrees to furnish all material, labor, equipment, services, tools of trades and labor, fees, taxes, insurance, bonding, overhead, profit, etc., according to the requirements of the Procurement and Contracting Documents, for the stipulated sum of:

BASE BID

$ Dollars ($ ) In writing

QUANITITY UNITS UNIT COST SUBTOTAL

GENERAL CONDITIONS L.SUM

EROSION CONTROL AC

CURB & GUTTER L.FT.

FILL DIRT (PLACE AND

COMPACT) CY

FINE

GRADING AC

PERMANENT GRASSING AC

CONCRETE SIDEWALK S.YD.

ASPHALT COURT TONS

COURT

STRIPING/SURFACE S.F.

PICNIC PAVILION L.SUM

PLAYGROUND

ALLOWANCE

(STRUCTURE AND

SURFACE)

L.SUM $250,000.00

CROSSWALK

STRIPING/REGULATORY

SIGNAGE

L.SUM

CANOPY TREES EACH

SHRUBS EACH

MISC LANDSCAPE

ALLOWANCE

(IRRIGATION, MULCH,

ETC.)

L.SUM

DEMOLITION L.SUM

TRASH RECEPTACLES EACH

BENCHES EACH

PICNIC TABLES EACH

CHAIN LINK FENCE (4’) L.FT.

CHAIN LINK FENCE (10’)

WITH GATES L.FT.

ELECTRICAL UTILITIES L.SUM

COURT LIGHTING EACH

SEAL COAT AND

STRIPING L.SUM

ALTERNATE 1: MILL AND

RESUFRACE S.F.

SECTION IV

PROPOSED SUBCONTRACTOR’s

Company Name:

Type of Work

Type of Work

Type of Work:

Type of Work:

SECTION V

ARBITRATION NOTICE: THIS AGREEMENT IS SUBJECT TO ARBITRATION

PURSUANT TO THE SOUTH CAROLINA UNIFORM ARBITRATION ACT (SC CODE

§15-48-10 ET SEQ.) AND ANY AMENDMENTS THERETO, AS MODIFIED HEREIN.

CONTRACTOR’S AGREEMENT

THIS CONTRACTOR’S AGREEMENT FOR THE PD TERRY PARK PICKLEBALL AND TENNIS

COURTS PROJECT (the “Agreement”) has been made and entered into this ___ day of _____________, 20____, by and between the City of Fountain Inn, South Carolina (the “City”), and ______________________________________________________ (”Contractor”).

WHEREAS, the City issued an Invitation to Bid for the PD Terry Park Pickleball and Tennis Courts Project (“Invitation to Bid”), advertised on October 1, 2026, for a Contractor to provide improvements at PD Terry Park within the City of Fountain Inn; and, WHEREAS, the Contractor has complied with all requirements set forth in the Invitation to Bid and was the successful bidder; and, WHEREAS, the City desires to allow the Contractor, a legal entity properly registered under the laws of the State of South Carolina, to provide the services sought by the Invitation to Bid; and, WHEREAS, the Contractor desires to provide the construction services pursuant to the terms and conditions of this Agreement:

NOW, THEREFORE, in consideration of the mutual covenants contained in the Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

1. Performance by Contractor.

The Contractor shall fully perform and execute all of the work (the “Work”) described in the scope of work/specifications and drawings attached hereto as Exhibit A and Addendum C.

2. Commencement and Term of Agreement.

a. Term of Agreement.

The date of commencement shall be seven (7) days from mailing of the Notice to Proceed to the Contractor and the Work is to be completed by April 30, 2027.

b. Investigation by Contractor Prior to Submission of Proposal.

The Contractor represents that it has investigated the conditions for the Work prior to submitting its proposal and any delays or damages caused by adverse conditions which were capable of being identified prior to the submission of the Contractor’s proposal, shall be at the sole risk of the Contractor.

c. Non-completion of Work.

In the event the Contractor is unable to complete the Work by the Completion Date, Contractor shall pay to City, as liquidated damages, $250.00 per day until all Work is completed to the satisfaction of City. Such damages shall be deducted from any payment due or to become due to the Contractor.

3. Contract Sum.

For the Work performed hereunder, the Contractor shall be paid by the City the contract sum of ___________________________________Dollars (the “Contract Sum”). The Contract Sum is subject to adjustment as payments due hereunder are based on a per unit price as set forth in the Bid Form contained in the Bid Package and incorporated herein by reference. The Contract Sum set forth above shall be used for purposes of setting values of any and all bonds required herein.

4. Payments.

a. City Payment of Contract Sum.

The City shall make payment of the Contract Sum, as adjusted by unit pricing of actual quantities of work, in the form of progress payments based upon applications for payment submitted by the Contractor to the City on a monthly basis, subject to a retainage as set forth herein. The amount of the progress payment shall be calculated on a per unit basis, less a retainage of ten (10%) percent. The City shall be responsible for making a full and final payment of the Contract Sum, as adjusted, to the Contractor no later than thirty (30) days after completion of all the Contractor’s Work under this Agreement and inspection and acceptance by the City.

b. Application for Payment by Contractor.

The Contractor shall submit all applications for payment to: City of Fountain Inn, 200 North Main Street, Fountain Inn SC 29644, Attention: Russ Slatton. The period covered by each application for payment shall be one calendar month ending on the last day of the month. Incorrect applications for payment will be returned to the Contractor. All invoicing or billing questions should be directed to: Russ Slatton at rslatton@fountaininn.org.

5. General Conditions.

This Agreement shall be subject to and governed by the General Conditions attached hereto as Exhibit B and incorporated herein by reference (the “General Conditions”). The General Conditions, together with the Bid Documents, this Agreement, and all exhibits, shall collectively constitute the “Contract Documents.”

6. Inspections.

City shall have the right to inspect the Work to evaluate the Contractor’s compliance with the Contract Documents for City’s sole benefit and said right to inspection shall not make City responsible for the compliance with the terms of the Contract Documents.

7. Authority to Act.

If Contractor is a corporation or limited liability company, the undersigned hereby represents and warrants that the said entity is duly formed and registered and in good standing in the State of South Carolina and that _________________________________, whose title is ______________________________________, is authorized to act for and bind the entity to this Agreement.

IN WITNESS OF THIS AGREEMENT, The Contractor and the City have caused their names to be subscribed and their seals to be affixed as to the day and year first above written.

Its:

CONTRACTOR

(Name of Corporation or Entity)

Its:

EXHIBIT A

SCOPE OF WORK & SPECIFICATIONS

General:

Project is located at PD Terry Park in Fountain Inn, SC 29644. The property is owned and managed by the City of Fountain Inn as a park serving the City. The park has existing parking and tennis courts where this project will be installed.

This project will provide construction of ADA compliant walkway, parking spaces, fencing, electrical, and related work as shown on the design plans.

Contractor will provide necessary MUTCD closure signs, safety fencing, barricades and barrels, and secure the site when work is not being performed. Waste is to be controlled daily and contained in a contractor supplied container or truck. Nails and other harmful objects to the public must be removed throughout worksite using best management practices.

Project Scope and Specifications:

If no specification is provided follow the SCDOT Standard Specifications for Highway Construction, current edition, for material specifications and construction standards.

In a safe environment, the following work is required of the contractor:

• Surveying – Contractor responsible for construction surveying and staking. As-built survey is required for project closeout.

• BMP’s for Disturbed Areas – Install silt socks and inlet protection to effectively control disturbed area sediment runoff. Install surge stone construction entrance if necessary to control mud tracking onto parking lot. Establish and remove temporary concrete washout area.

• Demolition- Saw cut and remove asphalt pavement, sidewalk, curbing and striping.

Remove light poles and trees. Remove and relocate existing ADA parking signage.

• Earthwork and Drainage – Strip existing topsoil for re-use, prune surface tree roots, grade for positive drainage and compact subgrade to 95% maximum density.

• Concrete Paving – Install specified pavement to meet ADA compliance. Pavement must cure a minimum of one week before any further construction activity on it.

• Signage/Striping- Reinstall existing signage and install new signage per plans. Stripe and restripe parking lot per plan.

• Concrete Sidewalk – The sidewalk shall be installed per the design and shall meet ADA compliance.

• Permanent Seeding – Install permanent seed and side slope reinforcement per plan set seeding requirements to establish minimum 70% grass cover.

(SEE ATTACHED SPECIFICATIONS/DRAWINGS)

EXHIBIT B

GENERAL CONDITIONS

1. City’s Right to Stop the Work. If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents or persistently fails to carry out Work in accordance with the Contract Documents, the City may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, the right of the City to stop the Work shall not give rise to a duty on the part of the City to exercise this right for the benefit of the Contractor or any other person or entity.

2. City’s Right to Carry Out the Work. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a seven (7) day period after receipt of written notice from the City to commence and continue correction of such default or neglect with diligence and promptness, the City may, without prejudice to other remedies the City may have, correct such deficiencies. In such a case, an appropriate Change Order shall be issued deducting from payments then or thereafter due the Contractor the reasonable cost of correcting such deficiencies, including City’s expenses and compensation for the additional services made necessary by such default, neglect or failure. If payments then or thereafter due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the City.

3. Supervision and Construction Procedures.

3.1. The Contractor shall supervise and direct the Work, using the Contractor’s best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract, pursuant to the Contract Documents. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall evaluate the jobsite safety thereof and, except as stated below, shall be fully and solely responsible for the jobsite safety of such means, methods, techniques, sequences, or procedures. If the Contractor determines that such means, methods, techniques, sequences or procedures may not be safe, the Contractor shall give timely written notice to the City and shall not proceed with that portion of the Work without further written instructions from the City. If the Contractor is then instructed to proceed with the required means, methods, techniques, sequences, or procedures without acceptance of changes proposed by the Contractor, the City shall be responsible for any resulting loss or damage.

3.2. The Contractor shall be responsible to the City for acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons or…